In all requests for approval of conditional uses,
the burden of proof shall be on the applicant. The Planning Board
shall give due consideration to all reasonable elements which could
affect the public health, welfare, safety, comfort and convenience,
such as, but not limited to, the proposed use(s), the character of
the area, vehicular travel patterns and access, pedestrianways, landscaping,
lighting, signs, drainage, sewage treatment, potable water supply,
utilities and building and structure locations and orientations.
(1) Funeral homes.
(a)
The minimum lot size shall be one acre with
a minimum frontage of 125 feet on an improved public street.
(b)
The design of any building must conform to the
general character of the area and not adversely affect the safe, comfortable
enjoyment of property rights in the zone in which it is located.
(c)
No more than 35% of the lot shall be covered
by impervious surfaces, including buildings, structures and pavement.
(d)
At least the first 40 feet adjacent to any street
line and 25 feet adjacent to any lot line shall not be used for parking
and shall be planted and maintained in lawn area or ground cover or
landscaped with evergreen shrubbery.
(e)
A minimum buffer area of 15 feet in width shall be provided along all side and rear lot lines. (See §§
110-26 and
110-57.)
(f)
All other applicable requirements of this chapter
shall be met.
(2) Lodges and clubs.
(a)
The minimum lot size shall be three acres with
a minimum frontage of 150 feet on an improved public street.
(b)
The design of any building must conform to the
general character of the area and not adversely affect the safe, comfortable
enjoyment of property rights in the zone in which it is located.
(c)
No more than 25% of the lot shall be covered
by impervious surfaces, including buildings, structures and pavement.
(d)
At least the first 40 feet adjacent to any street
line and 25 feet adjacent to any lot line shall not be used for parking
and shall be planted and maintained in lawn area or ground cover or
landscaped with evergreen shrubbery.
(e)
A minimum buffer area of 15 feet in width shall be provided along all side and rear lot lines. (See §§
110-26 and
110-57.)
(f)
All other applicable requirements of this chapter
shall be met.
(3) Public utility uses.
(a)
For purposes of this chapter, the term "public
utility uses" shall include such uses as telephone dial equipment
centers, power substations and other public utility services.
(b)
The proposed installation in a specific location
must be reasonably necessary for the satisfactory provision of service
by the utility to the neighborhood or area in which the particular
use is to be located.
(c)
The design of any building in connection with
such facilities must conform to the general character of the area
and not adversely affect the safe, comfortable enjoyment of property
rights in the zone in which it is located.
(d)
Adequate fences and other safety devices must
be provided as may be required. Fences, when used to enclose public
utility facilities such as electrical power substations, shall be
built in accordance with the applicable requirements of the New Jersey
Board of Public Utility Commissioners and the National Electrical
Safety Code in effect at the time of construction.
(e)
Sufficient landscaping, including shrubs, trees
and lawns, shall be provided and maintained.
(f)
Off-street parking shall be provided as determined
by the Planning Board during site plan review.
(g)
All of the area, yard, building coverage and
height requirements of the respective zone and other applicable requirements
of this chapter must be met.
(4) Motels.
(a)
Any motel that may be constructed on a lot or
parcel of land must contain a minimum of at least 20 units of accommodation,
exclusive of, but in addition to, a permanent, on-site superintendent's
living quarters. The minimum number of units of accommodation in any
single building shall be 10.
(b)
Each unit of accommodation shall contain a minimum
floor area of 250 square feet. Ceilings shall be a minimum of eight
feet in height.
(c)
Each unit of accommodation shall include a minimum
of two rooms, a bedroom and a separate bathroom. No more than 20%
of the units shall include cooking facilities with said unit.
(d)
There shall be a residency limitation on all
guests of 30 days maximum. The foregoing residency limitation shall
not apply to an employee living on the premises nor to occupants of
the permitted units with cooking facilities.
(e)
Off-street parking shall be provided at the
ratio of 1 1/4 spaces per room.
(f)
One sign shall be permitted, either freestanding
or attached, not exceeding an area equivalent to 5% of the first floor
portion of the front facade or 70 square feet, whichever is smaller.
Freestanding signs shall be set back at least 30 feet from all street
and lot lines.
(g)
All other applicable provisions of this chapter
shall be met.
(5) Service stations.
(a)
The minimum lot size for service stations shall
be 20,000 square feet, and the minimum frontage shall be 150 feet.
(b)
No service station shall be located within 500
feet of any fire house, school, playground, church, hospital, public
building or institution.
(c)
All appliances, pits, storage areas and trash
facilities, other than gasoline filling pumps or air pumps, shall
be within a building. Gasoline filling pumps and air pumps shall be
permitted within the required front yard space of service stations
but shall be no closer than 50 feet to any street line. All lubrication,
repair or similar activities shall be performed in a fully enclosed
building, and no dismantled parts shall be displayed outside of an
enclosed building.
(d)
No junked motor vehicle or part thereof, or
motor vehicles incapable of normal operation upon the highway, shall
be permitted on the premises of any service station. It shall be deemed
prima facie evidence of violation of this chapter if more than three
motor vehicles incapable of operation are located at any one time
upon any premises not within a closed and roofed building; except,
however, that a number not exceeding six motor vehicles may be located
upon any service station premises outside of a closed or roofed building
for a period of time not to exceed seven days, and provided that the
owners of said motor vehicles are awaiting their repair or disposition.
(e)
Landscaping shall be provided in the front yard
area equal to at least 15% of the front yard area, and such landscaping
shall be reasonably distributed throughout the entire front yard area.
(f)
The exterior display and parking of motor vehicles,
trailers, boats or other similar equipment for sale shall not be permitted
as part of a service station.
(g)
Service stations shall provide at least six
parking spaces for the first lift, wheel alignment pit or similar
work area, five additional spaces for a second work area and an additional
three spaces for each additional work area. Such spaces shall be separated
from the driveway and general apron areas which give access to the
gasoline and air pumps and service areas. No designated parking spaces
shall obstruct access to such facilities.
(h)
Service stations may be permitted one freestanding
sign and one sign attached flat against the building. The freestanding
sign shall not exceed an area of 20 square feet and shall be set back
at least 10 feet from all street rights-of-way and lot lines. The
attached sign shall not exceed 30 square feet in area.
(i)
All other applicable requirements of this chapter
shall be met.
(6) Intensive fowl or livestock farms.
(a)
In addition to normally required site plan information,
the application shall set forth:
[1]
The purpose of the operation.
[2]
The manner in which animals or fowl would be
housed or ranged.
[3]
The number, size, species and type of animals
or fowl proposed to be kept and the number of each per gross acre.
[4]
Location of and methods for the storage, disposal
or other utilization of liquid and/or solid wastes.
[5]
The location of any outside fowl ranges or livestock
pens or corrals.
[6]
Proposed lighting and ventilation.
[7]
A written opinion of the County Agricultural
Agent concerning possible nuisance characteristics and the adequacy
of measures proposed to deal with them.
[8]
A written report from the Soil Conservation
District setting forth the adequacy of plans for liquid and/or solid
waste disposal.
(b)
Any intensive fowl or livestock farm shall be
devoted to the raising of only one of the following:
[2]
Large animal livestock; or
(c)
Any intensive fowl or livestock farm shall be
located on a land parcel having a minimum of 100 acres.
(d)
Gross density for any intensive fowl or livestock
farm shall not exceed:
[1]
Seven hundred fifty head of fowl per acre;
[2]
One and one-half head of large animal livestock
per acre; or
[3]
Three head of small animal livestock per acre.
(e)
No building, fenced run or other enclosure for
the containment of fowl or livestock or for the storage of animal
waste on an intensive fowl or livestock farm shall be closer to any
front, side or rear property line or zoning district boundary line
than 500 feet.
(f)
The feeding of swine upon garbage or similar
refuse material, either cooked or uncooked, is specifically prohibited.
(g)
Any certificate of occupancy shall remain valid
only so long as the intensive fowl or livestock farm is operated in
a nuisance-free manner in accordance with the above-listed standards
and any additional conditions imposed by the approval authority.
(7) Wind energy conservation systems (WECS).
[Added 7-2-2008 by Ord. No. 2008-08A]
(a)
WECS shall be permitted in AR (Agricultural
Residential), R (Residential), C (Commercial), I (Industrial), and
C/I (Commercial/Industrial) Districts and industrial park redevelopment
areas.
(b)
In addition to submission of the site plan checklist
items required pursuant to this chapter, the following information
shall be provided:
[1]
Location and elevation of proposed WECS.
[2]
Location, dimension and type of existing structures
and uses on the site.
[3]
Location of all aboveground utility lines on
site within the distance of the height of the WECS.
[4]
Zoning designation of the adjacent properties
within a two-hundred-foot radius of the subject property.
(c)
These conditions must be met when installing
a WECS and which shall be provided to the Land Use Board and the Construction
Official at the time conditional use approval and/or a building permit
is sought:
[1]
All WECS generators, alternators or other components
shall be properly shielded and/or filtered so as to prevent the emission
of radio-frequency energy which would, or may, cause any harmful interference
with radio and/or television broadcasting or reception. Appropriate
certified clearances must be provided, upon request, to the state,
county, local, and federal agencies such as the Federal Aviation Administration,
Department of Defense, Department of Environmental Protection, Federal
Communications Agency, and any other governing agency having appropriate
interest and concern.
[2]
The maximum aggregate and/or sustained level
of noise permitted, in any zone, due to the operation of a WECS shall
not exceed 50 decibels, as measured on the standard dBa scale, measured
at the property lines of the site.
[3]
The installation of WECS in commercial and agricultural
property zones must meet all of the above criteria, standards, and
codes referred to, except for back yard placements. The installation
of a WECS will not be granted approval if the structures or electromagnetic
interference in any way jeopardizes the safety of commercial and/or
private aviation as may be the case for the Philadelphia International
Airport and the Oldmans Township Airport.
[4]
The WECS manufacturer shall document that a
wind energy conservation system mode has operated safely in atmospheric
conditions for a period of not less than three months.
[5]
All electric lines/utility wires shall be buried
underground.
[6]
The building permits for WECS shall be accompanied
by calculations and certification by a professional engineer, licensed
by the State of New Jersey, that all construction and foundations
proposed shall sustain wind loadings of 115 miles per hour.
[7]
Any mechanical equipment associated and necessary
for operation, including a building for batteries and storage cells,
shall be enclosed with a six-foot fence. The supporting tower shall
also be enclosed with a six-foot fence unless the base of the tower
is not climbable for a distance of 12 feet.
[8]
The minimum distance between the ground and
any part of the rotor or blade of the WECS shall be 20 feet, as measured
from the lowest point of the arc of the blade.
[9]
All WECS shall be located within the rear yard.
The minimum setback of the tower shall be not less than 1.3 feet times
(X) the height of the tower from any property line, inhabited structure,
or right-of-way for any overhead electrical transmission or distribution
lines. The foundations and guy wire anchors must comply with all applicable
building codes.
[10] The maximum height allowable shall
be 120 feet, unless otherwise prohibited by state or federal statutes
or restrictions by any other governing agency having appropriate jurisdiction.
[11] The tower and generating unit
shall be kept in good repair and sound condition as not to threaten
the health and safety of any individual or animal.
[12] Upon abandonment of use, the tower
and related structures (including all footings, guy wires, etc.) shall
be dismantled and removed from the property within 60 days. A performance
bond shall be posted to assure same.