Article IV Conditional Uses

The Planning Board shall grant or deny an application for a conditional use within 95 days of determination of completeness of an application submitted by a developer to the Administrative Officer, or within such further time as may be consented to by the applicant.

The review by the Planning Board of a conditional use shall include the site plan review. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application. A certificate of the Administrative Officer as to the failure of the Planning Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of written endorsement or other evidence of approval herein required and shall be so accepted by the County Recording Officer for purposes of filing subdivision plants.

Whenever review or approval of the application by the County Planning Board is required in the case of a site plan, the Municipal Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within 30 days.

Standards for approval.

The Planning Board shall not approve a conditional use unless it finds that the proposed use will not substantially impair the use and enjoyment of surrounding properties, or the character of the surrounding area, and that it will not have a substantial adverse effect upon surrounding properties.

The following standards and conditions, in addition to all other relevant standards and regulations of this chapter, are required to be met in order to receive Planning Board approval for specific conditional uses as indicated. In order to preserve the public health and safety, the Planning Board may attach to the approval of a conditional use permit such additional specific safeguards and restrictions as it may deem necessary by reason of the location and incidence of the particular use.[1]

Editor's Note: Original Section 4:2, Single-family conversions to two-family units, which immediately followed this subsection, was repealed 9-14-2009 by Ord. No. 2009-20LU.

§ 230-31 Conversion of existing accessory buildings into dwelling units. [1]

The conversion of existing accessory buildings into dwelling units shall be permitted as a conditional use in any residential zone for the purpose of simultaneously encouraging an increase in the availability of rental units and preserving the existing rural atmosphere of Delaware Township as well as conserving existing building materials. Approval pursuant to this section shall be for the conversion of an existing accessory building and excludes major demolition and major reconstruction of a building. An accessory unit is anticipated to have a smaller household size than a principal residential unit; therefore, the necessary infrastructure (septic and well) to support the new accessory use requires an increase of 50% of the existing lot size required in the zone, instead of a doubling of the required lot size for the additional unit. Granting of approval for such conditional residential use shall not be considered as a factor in granting any subsequent application for subdivision of other portions of the property or for granting any subsequent variance application covering the same or similar use on the property, or for the granting of a building permit. Planning Board approval for the conversion of an existing accessory building to a residential unit or units shall be subject to all of the following standards and conditions:

The applicant shall be the owner of a tract of land in any residential zone upon which existed to January 1, 1982, a structure plus an accessory building containing a minimum gross floor area of 800 square feet. If the accessory building and its gross floor area is not listed on the Tax Assessor's Property Record cards as existing prior to January 1, 1982, the applicant shall submit some other form of proof of its existence and gross floor area prior to that date.

Number of dwelling units allowed.

In the V-1 and V-2 Zones, a maximum of one dwelling unit in addition to the principal residence may be allowed on any such qualifying tract of land. In the A-1 and A-2 Zones, a maximum of two dwelling units in addition to the principal residence may be allowed on any such qualifying tract of land, provided that there is within the qualifying tract, a minimum lot area as follows:

Zone	A-1 (acres)	A-2 (acres)
Minimum lot size, one dwelling	3	6
With one accessory unit	4.5	9
With two accessory units	6	12

No lot for which accessory unit approval has been given shall thereafter be reduced in lot area by subdivision or by boundary adjustment so as to contain less lot area than would be necessary to establish an accessory unit.

The application to convert the existing accessory building shall contain the certification of a licensed New Jersey architect or engineer indicating that major portions of the existing structural elements, including but not limited to the foundation, supporting beams, exterior walls, beams and sills are in usable condition.

An accessory building may be converted into a residential structure or apartment to accommodate one or two dwelling units, provided that:

The Planning Board determines that the conversion will increase the availability of rental units and preserve the existing rural atmosphere of Delaware Township as well as conserve existing building materials without major demolition of the existing structure or major reconstruction of the building.

The Planning Board determines that the exterior alterations to the structure are designed to preserve the appearance and architectural style of the original structure.

Such converted structure and the occupancy thereof comply with the following conditions:

It shall meet all building and health regulations relative to its use as a residential structure, including water supply and septic standards or conditions imposed by this chapter.

It shall comply with the minimum lot area requirements and applicable boundary setback requirements of the zone in which it is located and shall not be closer than 25 feet from any other existing structure. The municipal agency, when acting on applications pursuant to this section, shall have jurisdiction to grant variances pursuant to N.J.S.A. 40:55D-70(c) for any setback violations. Conditional use variances sought from minimum lot area or density requirements for the zone in which the property is located are deemed to be special reasons variances and may be granted only by the Board of Adjustment under standards established in N.J.S.A. 40:55D-70(d).

The owner of the tract shall at all times reside either in the converted dwelling unit or in the principal dwelling unit.

A deed restriction shall be placed upon the tract to prohibit subdivision of the converted accessory structure from the principal dwelling unit. In the event that a piece of property with a secondary dwelling(s) on it is further subdivided, that further subdivision shall not reduce the acreage attached to the buildings to less than the minimum acreage required in its zone(s).

(e)

It shall not be located on land unsuitable for improvements, including floodplains or hazardous areas.

The completed structure shall meet the following standards:

It shall be accessible to emergency vehicles.

It shall have living and sleeping space plus storage, kitchen and bathroom facilities for the use of its occupants. However, if the structure is to be used solely as guest quarters, it shall not have separate kitchen facilities.

It shall contain a minimum interior floor area of 800 square feet, including a bathroom. The bathroom shall contain a toilet, washbasin, tub and/or shower. However, if the guest quarters does not and will not contain separate kitchen facilities, its interior minimum floor area shall be 600 square feet.

Each dwelling unit shall have direct access to the outdoors or directly to a hall from which there is direct access to the outdoors without passing through any other dwelling unit.

(e)

No dwelling unit or guest quarters shall be located above the second floor.

(f)

Appropriate off-street parking shall be provided for each occupant, such parking areas to be out of sight of any public road, wherever feasible.

§ 230-32 Automotive service, repair, sales and service, automotive sales lot.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

General. In the V-1 Zone, automotive service and repair will be permitted in the C-1 Zone, automotive gasoline, service, repair, and sales will be permitted if, in addition to the requirements of this section, all other requirements of the respective zones are met.

[Amended 6-28-2010 by Ord. No. 2010-06LU]

Schedule. The minimum lot size, frontage, setbacks and other development standards shall conform to the standards of the zone in which the conditional use is located.

Canopies. A cantilevered cover or canopy may be permitted to extend into the front yard, provided it is at least 25 feet from any front property line and 25 feet from any residential zone.

Curb cuts and driveways.

On a corner lot a driveway, shall be at least 25 feet from the street line intersection as measured along the property line.

Driveways shall be no less than 25 feet and no more than 30 feet wide. The driveway shall be flared or slanted at the curbline to facilitate auto ingress and egress.

Curb cuts shall be no less than 10 feet from any adjacent property line.

Any two driveways giving access to a single street shall be separated by a curbed island of at least 20 feet.

A raised curb of at least six inches in height shall be provided along the street property lines, except for driveway openings.

There shall not be more than two curb cuts providing access to any one street.

All other regulations in this chapter pertaining to driveways and curb cuts shall apply.

Signs.

Freestanding signs. One freestanding sign shall be permitted, provided the aggregate area of all sides of the sign shall not exceed 75 square feet.

Facade signs. Facade signs shall be allowed on front or side facades not to exceed 15% of the square footage of the facade on which it is located.

Other signs. Other signs that may be required by state or federal law shall be allowed by no other advertising signs shall be permitted.

Other requirements. All other sign requirements of this chapter shall apply.

Lighting. All lighting shall be so designed, arranged and installed to reflect all light down and away from adjoining properties and streets and highways.

Pavement. All parking, access, and driveway areas shall be paved with a permanent surface such as macadam with proper drainage designed to prevent runoff onto adjacent properties.

Location of pumps (automobile service and gasoline stations only). All pump islands shall be a minimum of 25 feet from any adjacent property line and 20 feet from any public right-of-way.

Accessory buildings. All lifts, lubrication equipment, service pits, and goods for sale shall be enclosed within the service station. Outdoor display of products or cars for sale or rental shall not be permitted. Accessory buildings shall not be permitted except for the temporary storage of trash or garbage.

Prohibited accessory uses. The following uses and activities are prohibited:

The sale or rental of cars, trucks, trailers, boats or any other vehicles on the premises of an automobile gasoline or automotive service station.

The storage of cars, truck, trailers, boats or any other vehicle not being serviced or repaired on the premises of an automobile gasoline station, automotive service station or automotive repair garage.

Storage of inoperable vehicles classified as junk cars.

Storage of any vehicle requiring body work or which is inoperable because of major repairs required, except at an automotive repair garage or automotive sales and service business. All other activities are prohibited, including trailer or motor vehicle rental.

Trash and garbage. A solid enclosed area shall be provided for the temporary storage of trash, garbage and unusable automotive parts. Except for tires, all trash shall be stored in tight containers. The enclosed area shall be designed so that the trash shall not be seen from a public street or from adjoining properties.

Fuel tanks. In addition to complying with all applicable federal and state laws and regulations, underground fuel storage tanks shall be placed at least 10 feet from any structure. Tanks having a capacity of 6,000 gallons or more shall be at least 20 feet from any structure.

Other requirements. Service stations and all other businesses related to automobiles shall be subject to all other requirements of the zone in which they are located, and all other laws of the Township of Delaware.

Landscaping. In all zones where the above automotive services are permitted as conditional uses, the following minimum landscaping requirements shall be met:

A minimum landscaped area five feet wide shall be provided along all property lines abutting public streets except where curb cuts are permitted.

All buffers and landscaped areas shall be protected from adjacent parking areas by curbs, or concrete, metal or wood bumpers at least six inches in height and securely anchored into the ground.

Service areas and parking areas shall be screened from abutting property. A minimum six-foot architecturally solid fence shall be erected on all property lines except the front property line.

All street lines and on-site deciduous shade trees shall be not less than two-inch caliper measured one foot above the root crown.

A satisfactory amount of evergreen plant material shall be included in the planting, to be judged on an individual basis by the municipal agency. Evergreen trees shall not be less than six feet in height.

Where an automotive use, as permitted above, abuts a residential zone, a ten-foot buffer must be established and maintained in addition to the solid architectural fence. This buffer shall be attractively landscaped with evergreen and deciduous shrubs.

§ 230-33 Bed-and-breakfast establishments.

All landscaping shall be maintained in a manner satisfactory to the Township at all times.

Parking. There shall be four spaces per bay plus one space for each employee on maximum work shift.

Bed-and-breakfast establishments shall be permitted throughout the Township if the following conditions are met:

The structure and operation of the establishment meet the definition for "bed-and-breakfast establishment" of this chapter.

The establishment has not less than 300 square feet of common area for the exclusive use of the guests, including but not limited to parlors, dining rooms, libraries and solariums.

The establishment prohibits cooking in guest rooms.

The establishment is not a "rooming house" or a "boarding house" as defined in Section 3 of P.L 1979, c. 496 (N.J.S.A. 55:13B-3).

The establishment does not allow any guest to remain more than 30 successive days or more than 30 days of any period of 60 successive days.

The establishment is in compliance with all local construction codes and the requirements of the Uniform Fire Safety Act.[1]

Editor's Note: See N.J.S.A. 52:27D-192 et seq.

The establishment may have one advertising sign, provided it complies with all of the following requirements:

The sign may be two-sided.

Each sign face shall be no larger than 2.25 square feet.

The sign shall not be illuminated, flashing, fluttering, animated or rotating. Reflective lettering shall not be used.

The sign shall not be located within the right-of-way of a road, and it shall not be located in any fashion that obstructs sight distances.

A sketch of the sign and its proposed location shall be submitted for review and approval by the Planning Board at the time of application. The Planning Board review is intended to ensure that the sign graphics are harmonious with the establishment and in keeping with the character of the surrounding properties.

If a bed-and-breakfast establishment seeks a larger sign than permitted by ordinance, application shall be made to the Planning Board for such larger sign at the same time that the applicant seeks conditional use approval for the bed-and-breakfast establishment.

If a bed-and-breakfast establishment seeks approval for a larger sign than permitted by ordinance, application shall be made to the Planning Board for such larger sign, and the Planning Board retains jurisdiction to hear such application, even if made after the Planning Board has granted conditional use approval of the bed-and-breakfast establishment.

(8)

The sign shall be no higher than five feet measured from the ground level to the topmost portion of the structure.

§ 230-34 Car wash.

A car wash is permitted in the C-1 Zone if, in addition to the requirements of this section, all other requirements of the zone are met.

Water usage shall be limited to an amount acceptable for the lot size and location, as determined by the Municipal Engineer.

Such use shall provide adequate off-street automobile stacking area which shall not be less than 20 spaces per bay. Such stacking system shall in no way hinder or impair normal traffic flow on adjoining property or public right-of-way.

Approval of the Township Engineer regarding utilities and drainage and the Municipal Board of Health and County Health Department regarding the performance standards shall be required.

§ 230-35 Schools churches and similar uses. [1]

All of the following uses will be permitted in any residential zone if, in addition to the requirements of this section, all other requirements of the relevant zone are met: churches, synagogues, parish houses, and similar religious uses, including nonpublic and private schools

Parking shall be provided in accordance with the requirements of Article XI of this chapter.

Where parking areas are adjacent to a residential use, a twenty-foot-wide buffer strip, including fences and shrubs no less than six feet high, shall be provided.

Landscaping and screening shall be provided in accordance with § 230-106 of this chapter.

§ 230-36 Government buildings and services.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Government buildings such as municipal buildings, libraries, and schools shall provide the Planning Board with the following:

A set of plans, specifications and plot plan and a statement setting forth the need and purpose of the installation.

Proof to the Planning Board that the proposed installation in a specific location is necessary and convenient for the efficiency of the government service or the satisfactory and convenient provision of service by the government to the neighborhood or area in which the particular use is to be located; that the design of any building in connection with such facility conform to the general character of the zone and will in no way adversely affect the safe and comfortable enjoyment of property rights of the zone in which it is located; that adequate and attractive fences and other safety devices will be provided and that sufficient landscaping, including shrubs, trees and lawn, are provided and will be periodically maintained.

Proof that all other requirements for the zone in which the use is to be located have been or will be complied with.

Proof that the landscaping and buffer requirements as specified in § 230-106 of this chapter have been or will be complied with.

§ 230-37 Certain materials allowed in zone.

[Amended 6-28-2010 by Ord. No. 2010-06LU[1]]

Lumberyards, building material sales, construction contractors, and sales establishments that store noncontainerized combustible materials will be permitted in the C-1 Zone if, in addition to the requirements of this section, all other requirements of the applicable zone are met.

Minimum lot size shall be three acres.

Lot coverage shall not exceed 30% of the lot area, provided that all parking, loading, landscaping and other requirements of the zone are met.

A twenty-foot-wide fire access strip connecting to a public street shall be established along all side and rear property lines in addition to required buffers. Said access strip shall be free of obstructing structures, parking or loading areas.

Sufficient information shall be provided to indicate what provisions for fire protection have been made. Plans shall be reviewed by the Fire Chief.

All materials shall be contained within a building, except that open storage and sales areas may be maintained in a side or rear yard, provided that such open storage and sales areas are contiguous to the building and are encircled by a fence of a design which is homogeneous to the adjacent building.

An eight-foot-high solid architectural fence shall be designed to screen all materials and supplies from public view.

All other requirements for the zone in which the use is located have been or will be met.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 230-38 Nursery stock and garden landscape supplies. [1]

In the C-1 Zone, nursery stock supplies and sales, garden landscape supplies will be permitted if, in addition to the requirements of this section, all other requirements of the relevant zone are met.

With the exception of the landscape plants, shrubs, and trees, all materials shall be contained within a building, except that open storage and sales areas may be maintained in a side or rear yard, provided that such open storage and sales areas are contiguous to the building and are encircled by a fence of a design which is homogeneous to the adjacent building. Mulches, fertilizers and topsoil shall be stored under roof or in enclosed containers or shall be covered.

An eight-foot-high solid architectural fence shall be so designed to screen all materials and supplies from public view.

Plant materials may be displayed openly in any yard except the front yard.

All other requirements for the C-1 Zone have been or will be met.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 230-39 Public utility installations.

Public utility uses and installations, above and below ground, such as transmission lines, water storage tanks, pumping stations and substations, and remote electronic equipment vaults or units, hereinafter called "vaults" or "units" (it being expressly declared that microwave and other similar towers are not included as conditional uses) shall require the applicant to provide the Planning Board with the following:

A set of plans, specifications and plot plan, and a statement setting forth the need and purpose of the installation.

Proof to the Planning Board that the proposed installation in a specific location is necessary and convenient for the efficiency of the public utility system or the satisfactory and convenient provision of service by the utility to the neighborhood or area in which the particular use is to be located; that the design of any building in connection with such facility conform to the general character of the zone and will in no way adversely affect the safe and comfortable enjoyment of property rights of the zone in which it is located; that adequate and attractive fences and other safety devices will be provided and that sufficient landscaping, including shrubs, trees and lawn, are provided and will be periodically maintained.

Except as to vaults or units, proof must be submitted that all bulk, area and height requirements for the zone in which the conditional use is to be located have been or will be complied with. For vaults or units to be used as part of a public utility network, the following conditions must be met:

The vaults or units must be located within an area upon which the public utility has a lease or an easement to place and maintain such structures and its accessory equipment.

The structures must front on a public road, and all portions thereof and their accessory equipment must be set back at least 20 feet from the front, side and rear lines of the leased or eased area.

After the installation of the vaults or units, the area shall be suitably landscaped with indigenous plant material so as to conceal the structures and accessory equipment as much as practical. The landscape plan shall be approved by the reviewing agency.

The utility company shall attempt to limit the number of vehicles needed to service or inspect the installation so that no more than one vehicle is parked at the installation at a time.

A utility company seeking to install a vault or unit shall submit an application to the Planning Board for such use with plans showing the location of the installation within the proposed area and shall also notify the property owners within 200 feet of that area of its application and the reason therefor.

The applicant shall provide proof that the landscaping and buffer requirements as specified in § 230-106 of this chapter have been or will be complied with.

§ 230-40 ECHO unit.

An ECHO unit shall only be located upon a lot containing a single-family dwelling, and only one ECHO unit shall be permitted per lot.

No ECHO unit may be located on a lot that fails to conform to all minimum bulk area requirements for the zone in which the lot is located.

The ECHO housing unit shall comply with the required setbacks applying to the principal structure, and in addition, shall not be located closer than the principal structure to any front lot line.

The ECHO unit may be attached to the principal residential dwelling on the premises. If such unit is not attached to the principal dwelling on the premises, it shall be separated from such dwelling by at least 30 feet.

The ECHO housing unit shall be positioned on the lot in a way that minimizes its visibility from other nearby and abutting lots. The municipal agency may require screening to accomplish this condition.

The ECHO unit shall meet all of the following requirements:

It shall be federally or state-labeled pursuant to the National Manufactured Home Construction and Safety Standards Act of 1994 or N.J.A.C.5:23-4A, whichever is applicable.

It shall not exceed 720 square feet of gross floor area.

It shall contain kitchen and living facilities.

It shall not have more than two bedrooms.

It shall not have more than one bathroom.

It shall be equipped with low-flow plumbing fixtures as required by the Plumbing Subcode of the Uniform Construction Code.[1]

Editor's Note: See N.J.S.A. 52:27D-119 et seq.

§ 230-41 Senior citizen shared living quarters.

It shall not be equipped with a garbage grinder.

The owner of the principal residential dwelling unit shall purchase the ECHO unit, and upon termination of the occupancy, shall remove the unit from the site. The Township of Delaware will accept transfer of title of the ECHO unit for the consideration of $1 in the event the owner is otherwise unable to sell the unit. It shall be the sole responsibility of the property owner to bear the cost and expense of removal of the ECHO unit from the property upon termination of its use, whether or not the Township of Delaware accepts transfer of title.

If the ECHO unit is to be occupied by only one occupant who is a relative by blood, marriage or adoption of the owner/occupant of the primary residence on the site, a second occupant can only be a "caregiver" to the ECHO unit resident. Such caregiver must vacate the ECHO unit when the ECHO unit occupant related to the owner/occupant of the primary residence vacates the ECHO housing unit.

The property owner and occupant(s) shall execute a written use and occupancy agreement on a form prepared by the Township of Delaware to serve as enforcement for the covenant that the property owner will not attempt to rent the unit to anyone else other than the individual(s) named in the use and occupancy agreement. The Township of Delaware shall be a signatory on that use and occupancy agreement, but it shall be expressly stated in the use and occupancy agreement that the Township of Delaware is not a landlord, and the property owner shall expressly hold the Township of Delaware harmless from any claims of any sort arising from the use or occupancy of the ECHO unit.

The ECHO unit may share the existing well and septic system of the principal dwelling. Proof of approval by the Board of Health of the well and septic system to be used for the ECHO unit must be submitted to the municipal agency.

The applicant shall be responsible for preparing the site for installation of the ECHO unit.

The exterior of the ECHO unit shall be covered with materials and colors that complement the facade of the primary residence on the lot.

The ECHO unit shall be a unit that is self contained, barrier-free, energy-efficient, and capable of being moved to another site, but which is located on a foundation. An ECHO unit shall comply with the definition of "dwelling unit" contained in this chapter.

The ECHO unit shall be removed from the premises within 90 days of the earlier of either the death or permanent change of address of the original occupants. Upon written request by the owner/occupant, the Township Committee, for good cause shown, can extend this period up to an additional 90 days. Upon written application to and approval by the Township Committee or municipal agency within that time period, the ECHO unit may be occupied by other individuals 60 years of age or older who are related by blood, marriage or adoption to the owner/occupant of the primary residence.

The unit shall be registered with an ECHO Housing Unit Program sponsored by the Township Committee or the municipal agency. The Township Committee or the municipal agency shall be satisfied that adequate provisions have been made guaranteeing the removal of the ECHO unit at the completion of the subject occupancy.

At the time the ECHO unit is removed, the lot shall be restored by the owner of the premises to the status prior to the installation of the unit.

Purpose. The Township has recognized in the 1994 Master Plan that a need exists to provide low- and moderate-income housing for senior citizens in the Township. One method of meeting this need is by municipal sponsorship of new construction for alternative living arrangements through a nonprofit corporation on land owned or controlled by the Township. The intent of this new conditional use is to help meet this need.

Definition. As used in this section, the following term shall have the meaning indicated:

SENIOR CITIZEN SHARED LIVING QUARTERS

Either one or two structures, each with a communal kitchen and common rooms for recreation and other appropriate uses and containing no more than a combined total of 10 bedrooms. The facility shall not provide medical or nursing care on site.

Conditions. Senior citizen shared living quarters shall be permitted in any residential zone, provided each of the following conditions is met:

Ownership. The facility shall be owned either by a nonprofit corporation or by the Township and operated by a nonprofit corporation.

Density. There shall be no more than 10 bedrooms in the senior citizen shared living quarters, which may consist of either one or two structures.

Eligibility for occupancy. Any individual who is either 62 years of age or older or who is handicapped and who meets eligibility standards established by the New Jersey Council on Affordable Housing for low- or moderate-income housing in Hunterdon County may be eligible for residency in the senior citizen shared living quarters.

Location. Senior citizen shared living quarters may be constructed in any residential zone in the Township on a lot owned or under the control of the Township of Delaware, including a lot that may be acquired by the Township at any time in the future.

Minimum lot size. The minimum lot size necessary to permit the construction of a facility for senior citizen shared living quarters shall be two acres.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 230-42 Farm rental units on large lots.

Bulk and area requirements. The senior citizen shared living quarters shall be subject to all the bulk and area requirements of its zone, other than the minimum lot size.[2]

[2]

Editor's Note: Original Sections 4:14, Accessory apartments for low and moderate-income housing and 4:15, Authorization for prior unauthorized conversions of accessory building(s) into dwelling units, which immediately followed this subsection, were repealed 9-14-2009 by Ord. No. 2009-20LU.

Purpose. The intent of this conditional use is to assist in preservation of agriculture by allowing for supplemental housing rental income on large lots. A further benefit from such rental units will be to provide additional varieties of housing types within the Township.

Conditions.

No more than three farm rental units shall be permitted on any lot in the A-1 or A-2 Zones.

There shall be no more than one farm rental unit per 35 acres.

The future development potential for any lot on which a farm rental unit has been constructed shall be reduced by six acres in the A-1 Zone and by 12 acres in the A-2 Zone for each farm rental unit constructed.

The farm rental unit shall not be subdivided from the principal dwelling.

The farm rental unit shall use a common driveway cut with the principal dwelling.

The farm rental unit shall be sited as far as practicable from the road and any viewshed. The siting of the unit must be approved by the Planning Board.

No farm rental unit may exceed one bedroom.

(8)

The minimum and maximum square footage of any individual farm rental unit, and the average size square footage of multiple farm rental units on a single lot, shall be no less than 600 square feet nor more than 700 square feet.

(9)

The proposed architectural elevations of the farm rental unit shall be submitted to the Planning Board for review and approval. In reviewing the proposed plans, the Planning Board shall apply the following standards:

The proposed structure should be compatible in style with surrounding farm structures.

The proposed structure should be designed to appear like a barn or wagon house, and should avoid the appearance of an apartment building.

§ 230-43 Antenna support structures for personal wireless communications facilities.

The proposed structure shall be constructed of materials similar to those of the principal dwelling.

(10)

Approval from the Delaware Township Board of Health shall be required.

Alternatives permitted.

Modification or reconstruction of existing antenna support structures.

An existing antenna support structure may be modified, reconstructed, or relocated, provided such work is accomplished in a manner consistent with the following:

An antenna support structure that is modified or reconstructed to accommodate the co-location of additional antenna(s) shall be of the same type as the existing antenna support structure, unless the municipal agency approves its reconstruction in a different form, such as a stealth antenna support structure.

[2]

Height. An existing antenna support structure may be modified or rebuilt to a greater height, not to exceed the maximum height established for new antenna support structures herein. Such increase in height shall be permitted to occur once for each proposed additional user of the antenna support structure, up to a maximum of three times per antenna support structure, regardless of the number of users.

[3]

On-site relocation.

[a]

An antenna support structure that is being rebuilt to accommodate the co-location of additional antenna(s) may be removed on-site to within 50 feet of its existing location, provided all other siting requirements of this chapter are met.

[b]

Once an antenna support structure has been rebuilt to accommodate co-location, the antenna support structure being replaced shall be removed and the area it once occupied shall be restored to a predevelopment condition.

[4]

All other requirements of this section and of § 230-13V shall be met.

New antenna support structures. The location of a new antenna support structure, including related equipment building(s), structure(s) or cabinet(s), shall be permitted as a conditional use in any nonresidential zone in Delaware Township, subject to compliance with all of the provisions of § 230-13V and this section.

Information required. In evaluating applications for approval of a conditional use set forth in this section, the municipal agency shall use the following information in determining whether or not the erection, reconstruction, or relocation of a new antenna support structure will comply with these conditional use requirements. In addition to the information otherwise required by this Land Use Ordinance for approval of a conditional use, an applicant seeking conditional use approval for a new antenna support structure shall submit the following information to the municipal agency:

Site plan. A site plan drawn to a scale of one inch equals 20 feet indicating:

All proposed modifications to and installations on the subject lot, including the location, type and height of the proposed antenna support structure;

All adjacent roadways, the proposed means of access to the antenna support structure;

Setbacks from all property lines;

Elevation drawings of all views of the proposed antenna support structure and of any other existing and proposed structures;

(e)

Existing and proposed topography;

(f)

Proposed parking;

(g)

Natural resource mapping as required under § 230-115B of this chapter;

(h)

A list of other on-site land uses and the land uses on all lots within 1,000 feet of the subject lot.

(i)

A list of Master Plan and zoning classifications on all lots within 1,000 feet of the subject lot.

(j)

Any other information requested by the municipal agency to assess compliance with this section.

Legal descriptions. Legal descriptions of the entire tract and of any leased portion (if applicable) and copies of any proposed lease agreement(s).

Distances from various uses. Distances between any proposed new antenna support structure and the nearest residences, and between any proposed new antenna support structure and vacant, residentially zoned land, whether platted or unplatted.

Inventory. Each applicant seeking conditional use approval of a new antenna support structure shall provide to the municipal agency an inventory of all existing PWSFs and of all approved sites for PWSFs within the jurisdiction of the Township of Delaware and within four miles of the municipal boundaries of the Township of Delaware. Such inventory shall include specific information about the location, height, type, and design, and a quantitative assessment of signal coverage, for each existing and approved PWSF. Each applicant also shall provide the name and address of the owner of each PWSF in the inventory. The Zoning Officer may share such information with other providers seeking to locate similar facilities within the Township or with organizations seeking to locate antennas on existing support structures within the jurisdiction of the Township of Delaware; provided, however, that by sharing such information, the Zoning Officer in no way represents or warrants that such sites are available or suitable.

Separation distances. An applicant for a new antenna support structure shall also identify the separation distances between the other antenna support structures described in the foregoing inventory of existing PWSF sites and the proposed separation distance between the antenna support structure that the applicant is proposing and the nearest existing antenna support structure.

Landscaping plan. A landscaping plan showing the specific landscape materials proposed, including species types, sizes, spacing, and method of planting and also showing existing vegetation to be removed and to be retained.

Fencing. Proposed method of fencing, fence color, materials and proposed anti-climbing measures.

(8)

Camouflaging. The proposed method(s) of camouflaging and proposed new antenna support structure and the proposed method(s) of minimizing the visual impacts of any new antenna support structure, including related equipment.

(9)

Construction, licensing, and franchise compliance. For each proposed PWSF, a description of how the facilities will comply with the provisions of § 230-13V(3)(f), (g), (h), and (i), and a copy of any license or franchise required by law to construct and operate a communications system in Delaware Township.

(10)

Co-location. Expert testimony from the applicant's engineer as to how the proposed antenna support structure will be able to accommodate co-location of additional antennas and related equipment by future users, consistent with the requirements of § 230-13V(3)(k) and a letter of commitment to lease space to other potential users at prevailing market rates and conditions in accordance with the provisions of § 230-13V(3)(k). The letter of commitment shall be in a form suitable for recording with the Hunterdon County Clerk prior to the issuance of a construction permit and shall commit the antenna support structure's owner(s), property owner(s) and their successors in interest to the accommodation of such co-location.

(11)

Backhaul network provider. Identification of the entity(ies) providing the backhaul network for any new PWSF(s) proposed in the application and for other PWSF sites owned or operated by the applicant within the Township.

(12)

Evidence of need. Documentary evidence regarding the need for the proposed PWSF at the proposed location. Such evidence shall include drive test data relating to both existing and proposed locations. The existing wireless communications network and existing coverage areas shall be mapped by drive testing and quantitative radio frequency engineering analysis to delineate the search area. Documentary evidence of the ability of the proposed new facility to provide service in the search area shall be provided by drive testing and quantitative radio frequency engineering analysis. Such evidence shall indicate the locations of remaining gaps in service coverage resulting from the proposed new PWSF. Each exhibit shall include a legend defining the signal strength depicted.

(13)

Suitability of existing structures. For any proposed new PWSF, a description of the relative suitability for use of all existing antenna support structures and other structures capable of accommodating antennas located within the search area. The information shall include an analysis of the feasibility of any alternatives not requiring the use of newly erected support structures.

(14)

Location of future PWSFs. Each applicant for a new antenna support structure shall provide a description of feasible location(s) for all future PWSFs needed to provide service in the remaining search areas within the Township of Delaware, considering existing physical, engineering, technological or geographical limitations, as a result of the erection of the proposed antenna.

(15)

Visual impact study. Each applicant for a new antenna support structure shall undertake a visual impact study depicting where, within the boundaries of Delaware Township, any portion of the proposed antenna support structure will be visible and the extent to which it will be visible.

(16)

Certified engineering. All information submitted of an engineering nature, whether civil, mechanical, electrical or structural, shall be certified by a professional engineer licensed in the State of New Jersey.

(17)

Public notice. Any applicant for conditional use or "d" variance approval of a new antenna support structure shall be required to provide public notice in accordance with the New Jersey Municipal Land Use Law.[1]

Editor's Note: See N.J.S.A. 40:55D-1 et seq.

(18)

Market value impact. The estimated impact on the fair market value of properties adjacent to, surrounding, and within a line of sight to the antenna support structure.

Availability of existing antenna support structures, other elevated structures, or alternatives. No new antenna support structure shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the municipal agency that no existing antenna support structure; other elevated structure, or alternative not requiring the use of newly erected antenna support structures or elevated structures can accommodate the proposed antenna(s). Applicants shall submit the information set forth in Subsection B hereinabove to demonstrate that no existing antenna support structure or other elevated structure or alternative located within the search area can accommodate the needs of the applicant's engineering requirements. Applicants shall provide expert testimony demonstrating that alternatives not requiring the use of a newly erected antenna support structure are unsuitable.

Siting antenna support structures and related equipment. The following siting requirements shall apply to all new antenna support structures for which conditional use approval is sought:

Safety setback. All new antenna support structures shall be sited a distance equal to at least 120% of the height of the structure from any adjacent lot line and unrelated buildings on the property.

Ground equipment setback. All related ground-mounted equipment buildings, structures, and cabinets shall be sited no more than 50 feet from the base of the antenna support structure.

Minimum separation distances. The following minimum separation distances shall apply to all new PWSFs requiring conditional use approval:

Minimum separation distances between antenna support structures shall apply to and be measured between each proposed antenna support structure and any preexisting antenna support structures. The separation distances shall be measured along a straight line drawn between the bases of the existing and proposed antenna support structures, as shown on the site plan.

§ 230-44 Major solar or photovoltaic energy facilities and structures.

The minimum separation distance (in linear feet) shall be 5,280 feet.

Maximum height. The maximum height of any new antenna support structure that provides for co-location of PWSFs shall be 150 feet.

Minimum lot area. The minimum lot area for any lot containing an antenna support structure shall be as required for the zoning district in which the new antenna support structure will be located, although the leased area within the lot may be smaller.

[Added 8-8-2011 by Ord. No. 2011-06LU]

All major solar or photovoltaic energy facilities and structures shall be ground-mounted.

Any commercial farm or any farmland assessed property seeking to install a major solar or photovoltaic energy facility or structure shall comply with the requirements of the State Agricultural Development Committee, including any relevant agricultural management practice.

A major solar or photovoltaic energy facility or structure shall be located on lots of 20 acres gross or greater.

A major solar or photovoltaic energy facility or structure shall not exceed 20% lot coverage.

A major solar or photovoltaic energy facility or structure shall comply with the setback and screening requirements in Table 230-44V.

A major solar or photovoltaic energy facility or structure shall not exceed 20 feet in height.

All mechanical equipment shall comply with the setback requirements in Table 230-44V.

All mechanical equipment and inverters shall be fenced by an eight-foot fence. Barbed or razor wire and electrified fencing is not permitted.

A sign not to exceed 2.25 square feet shall be attached to the fence adjacent to the main access gate and shall list the facility name, owner and phone number.

A landscaped buffer, if required pursuant to § 230-44V, shall be provided around all mechanical equipment and solar panels to provide screening from adjacent residential properties and Township, county and state roads and shall consist of a variety of native, drought-resistant evergreen plants. The minimum landscape buffer shall provide a minimum of 75% opacity at time of planting. Such screening shall have a height at time of planting equal to the maximum height of the solar panels or mechanical equipment. Refer to § 230-111A(4)(e) for a list of preferred plantings.

A maintenance guarantee pursuant to § 230-137C shall be required for the landscape buffer.

All power transmission lines to any building, other structure and/or utility connection shall be located underground.

Inverter noise shall not exceed 40 dBA at the property line.

Roadways within the site shall not be constructed of impervious materials and shall be designed to minimize the extent of roadways constructed and soil compaction.

All panels shall have natural ground cover under and between the rows.

A major solar or photovoltaic energy facility or structure shall be designed to comply with all stormwater, grading and soil disturbance regulations of the Land Use Ordinance.

A major solar or photovoltaic energy facility or structure shall provide emergency vehicle access to all components.

The electrical disconnect switch shall be clearly identified and unobstructed, and the owner must file a map with the Fire and Police Departments clearly showing where the disconnect switch is located.

In addition to standard checklist items pursuant to Article X required for an application to be deemed complete, minor and major site plan applications shall depict the following:

Location of proposed and existing overhead and underground utility and transmission lines.

Location of any proposed or existing substations, inverters or transformers.

Description of how the energy generated by the facility will be connected to the electrical distribution or transmission system or the electrical system of the intended energy user.

Description of any necessary upgrades or modifications to existing substations or the necessity for new substations.

Location of all proposed landscape buffers and sight lines from roads and adjacent properties.

A geological report identifying the depth to bedrock, soil characteristics, and recommendations for foundation supports, if required.

A "glint and glare study" shall be provided to demonstrate that the panels are located and installed so that the sum of glare is directed away from an adjoining property or public rights-of-way.

The use of lead acid batteries shall not be permitted except as standby power supplies for control equipment.

All applications shall be accompanied by a decommissioning plan to be implemented upon abandonment, or cessation of activity, or in conjunction with removal of the major solar or photovoltaic energy facility or structure. Prior to issuance of a building permit, the owner or operator of the facility or structure shall post a performance bond or other suitable guarantee in a face amount of not less than 150% of the estimated cost, as determined by the Township Engineer, to ensure removal of the facility or structure in accordance with the decommissioning plan described below. The form of the guarantee must be reviewed and approved by the Township Engineer and Township Attorney, and the guarantee must remain in effect until the system is removed. Review of the guarantee by the Township Engineer and Township Attorney shall be paid from an escrow established by the applicant. Prior to removal of a major solar or photovoltaic energy facility or structure solar energy system, a demolition permit for removal activities shall be obtained from the Delaware Township construction official.

If the applicant ceases operation of the major solar or photovoltaic energy facility or structure for a period of 18 months, or begins but does not complete construction of the project within 18 months after receiving final site plan approval, the applicant will submit a decommissioning plan that ensures that the site will be restored to a useful, nonhazardous condition without delay, including but not limited to the following:

Removal of aboveground and below-ground equipment, structures and foundations.

Restoration of the surface grade and soil after removal of equipment.

Revegetation of restored soil areas with native seed mixes, excluding any invasive species.

The plan shall include a time frame for the completion of site restoration work.

In the event that construction of the major solar or photovoltaic energy facility or structure has been started but is not completed and functioning within 18 months of the issuance of the final site plan, the Township Zoning Officer (or such other official as is designated by the governing body) may notify the operator and/or the owner to complete construction and installation of the facility within 180 days. If the owner and/or operator fails to perform, the Township official may notify the owner and/or operator to implement the decommissioning plan. The decommissioning plan must be completed within 180 days of notification by the Township official.

Upon cessation of activity of a fully constructed major solar or photovoltaic energy facility or structure for a period of one year, the Township Zoning Officer (or such other official as is designated by the governing body) may notify the owner and/or operator of the facility to implement the decommissioning plan. Within 180 days of notice being served, the owner and/or operator can either restore operation equal to 80% of approved capacity, or implement the decommissioning plan.