A.
Accessory building as part of principal buildings. Any accessory
building attached to a principal building shall be considered part
of the principal building, and the total structure shall adhere to
the yard requirements for the principal building, regardless of the
technique of connecting the principal and accessory buildings.
B.
Accessory buildings not to be constructed prior to principal building.
No construction permit shall be issued for the construction of an
accessory building for the purpose of occupancy prior to the issuance
of a construction permit for the construction of the main building
upon the same premises. If construction of the main building does
not precede or coincide with the construction of the accessory building,
the Construction Official shall revoke the construction permit for
the accessory building until construction of the main building has
proceeded substantially toward completion.
C.
Distance between adjacent buildings. The minimum distance between an accessory building and any other building(s) on the same lot shall be as prescribed in Article IV, except that no poultry or livestock shelter shall be erected nearer than 100 feet to any dwelling on the same lot.
D.
Height of accessory buildings. The height of accessory buildings shall be as prescribed for principal structures in Article IV.
E.
Location. The following provisions shall govern the location of accessory
uses:
(1)
Accessory uses shall be permitted only on the same lot and within
the same zoning district, unless otherwise indicated, with the principal
building to which they are accessory except for parking as required
in Part 3, Site Plans, and retention detention basins as noted in
Part 5, Provisions Applicable to Site Plans and Subdivisions.
(2)
All accessory uses shall be such as do not alter the character of
the premises on which they are located or impair the neighborhood.
Such accessory uses shall not be located in any front, side or rear
yard area, unless otherwise permitted in this Part 2. Accessways to
off-street parking and loading areas may cross front yard areas or
the yard area abutting a principal street from which site access is
to be provided.
F.
Bulk area regulations. No distinction is made in the dimensional
limitations between principal and other buildings or structures referred
to as accessory, except as permitted in this Part 2. All such accessory
buildings or structures or uses shall be governed by the bulk and
area regulations of the district within which they are located.
G.
Farm and agricultural uses. In the districts where farm and agricultural
uses are permitted, the following additional provisions governing
their use shall apply:
(1)
Such uses are conducted upon a lot not less than five acres in area.
(2)
No building or structure used for shelter or enclosure of fowl, game,
horses, farm livestock or adult dogs shall be closer to any property
line than 200 feet.
(3)
Buildings used for the shelter of fowl of any kind shall have a maximum
usable floor area of 2,000 square feet for the first 10 acres and
5,000 additional square feet for each additional acre.
(4)
One domestic horse for the personal use of the occupants of the residence
may be maintained on any lot at least three acres in size.
(5)
The display for sale of products grown or raised by the owner, tenant
or lessee on a roadside stand shall only be permitted where:
(a)
The sale of such products are within the confines of the property
upon which they have been grown or raised.
(b)
The place of sale or storage of any such products, whether of
a permanent or temporary nature, shall not be closer than 100 feet
to any side lot line.
(c)
The sale of any such products shall not have a deleterious effect
on adjoining properties by reason of nuisance or health hazard.
(d)
The sale of any such products shall also require that a suitable
amount of off-street parking and loading space as required in Part
3, Site Plans, be provided.
H.
Swimming pools, tennis courts and similar personal recreational facilities
in residential zones. Except for portable swimming pools less than
three feet in height and less than 10 feet in length or diameter,
the following regulations shall apply to permanent and portable swimming
pools, tennis courts and similar recreational facilities accessory
to a residential use:
(1)
Said use shall be erected on the same lot as the principal structure.
(2)
Said use shall comply with the minimum setback and yard requirements
for principal structures.
(3)
Said use shall be appropriately screened and fenced so as not to
adversely affect adjoining properties.
(4)
Said use shall meet all applicable codes and ordinances of the Township
of Quinton and any regulations of a county or state agency.
(5)
A pool or water surface shall not be counted as part of a lot's maximum
improvement coverage requirements.
I.
Storage sheds in residential districts. Such storage facilities on
the same lot as the principal structure may be located within 10 feet
of the required side and rear yards but shall conform to front yard
setback requirements for principal structures. Storage sheds on corner
lots shall not be located closer to the side street property line
than the required setback line for a front yard in the zoning district
within which the lot is located.
J.
Solar energy systems.
[Added 10-4-2016 by Ord. No. 2016-08; 5-4-2021 by Ord. No. 2021-06]
(1)
Solar energy systems shall be accessory uses to the permitted principal
and other accessory uses on a lot and shall not involve the production
of power for off-premises consumption nor shall such a use constitute
the principal use of any lot. This prohibition shall not be interpreted
to preclude the sale of excess power from a solar energy system back
to the public electric utility provider. For systems intended for
uses other than the ones stated, or for any commercial projects, site
plan approval is required.
(2)
Either rooftop and building-mounted solar collectors or ground-mounted
arrays and freestanding solar collectors, or both, are permitted to
be installed on a lot.
(3)
Rooftop and building-mounted solar collectors are permitted in all
zoning districts, subject to the following requirements:
(a)
Installation of rooftop and building-mounted solar collectors
shall require a zoning permit from the Zoning Officer and a building
permit from the Construction Office prior to installation.
(b)
Solar panels shall not be installed so as to be located above
the highest point of the roof surface or structure. In no event shall
the placement of solar panels or any part of the solar energy system
result in a total height greater than what is permitted for a principal
building in the zoning district which the lot is located.
(c)
No part of the solar panels or solar energy system shall extend
beyond the edge of the roof.
(4)
Ground-mounted arrays and freestanding solar collectors are permitted
as accessory structures in all zoning districts subject to the following
requirements:
(a)
Installation of ground-mounted arrays and freestanding solar
collectors, and all related equipment and components such as, but
not limited to, fences, containers, enclosures, mounting panels, meters,
and batteries, shall require a zoning permit from the Zoning Officer
and a building permit from the Construction Office prior to installation.
(b)
Ground-mounted arrays and freestanding collectors, and all related
equipment and components such as, but not limited to, fences, containers,
enclosures, mounting panels, meters, and batteries, must comply with
all yard setback requirements for accessory structures in the zoning
district in which the lot is located.
(c)
Ground-mounted arrays and any related equipment and components
such as, but not limited to, fences, containers, enclosures, mounting
panels, meters, and batteries, shall not be located between the principal
building and any street that abuts the lot.
(d)
The number of solar collectors at the lot shall be sufficient
to serve, and not unreasonably exceed, the electricity needed for
structures and uses lawfully permitted on the lot.
(e)
Ground-mounted arrays shall not exceed 10 feet in height, when
oriented at maximum tilt. Related equipment and components shall not
exceed the height of the ground-mounted arrays.
(f)
Ground-mounted arrays shall be excluded from the calculation
of the lot (impervious) coverage if mounted on a lawn or a vegetated
area, but related equipment and components shall not be so excluded.
(g)
A plot plan survey must be submitted to show the location of
the proposed ground-mounted array and freestanding solar collectors
and all related equipment and components such as, but not limited
to, fences, containers, enclosures, mounting panels, meters, and batteries.
(5)
Applications for a solar energy system shall include information
demonstrating compliance with the provisions of this section.
(6)
Solar energy systems shall not be used for the display of signage
or advertising.
(7)
Where site plan approval is required elsewhere in this chapter for
a development or activity, the site plan review shall include review
of the adequacy, location, arrangement, size, design, buffering, screening,
visual attributes, and general site compatibility of solar collectors.
(8)
The solar energy systems shall remain painted or finished in the
color or finish that was originally applied by the manufacturer. The
exterior surface of any visible components shall be a nonreflective,
neutral color like white, grey or another nonobtrusive color. Finishes
shall be matte or nonreflective.
(9)
The application for a zoning permit shall include all of the following
documents and information which the Zoning Officer may submit to the
Planning Board for a courtesy review. The information must demonstrate
compliance with the provisions of this section.
(a)
A zoning permit shall be required for the installation of a
solar energy system.
(b)
Structural engineering information and data for rooftop and
ground-mounted arrays from a licensed New Jersey engineer must be
submitted.
(c)
The zoning permit application shall be accompanied by a plot
plan survey which includes the following:
[1]
Lot lines and dimensions.
[2]
Location, dimension, and types of existing major structures
on the lot.
[3]
Location, dimension, and type of the proposed solar energy system.
[4]
Orientation of the solar energy system.
[5]
The right-of-way of any public road that abut the lot.
[6]
Overhead utility lines and easements.
(d)
Fee. The application for a zoning permit for a solar energy
system must be accompanied by the zoning permit fee.
[Added 8-6-2014 by Ord.
No. 2014-10]
In response to the diminishing supply and increasing cost of
conventional energy resources, the Township of Quinton has enacted
an ordinance to protect the potential for the use of solar energy.
It is the purpose of this regulation to promote the safe, effective,
and efficient use of solar energy systems installed to reduce carbon
emissions and decrease demand on conventional energy resources to
protect the health, safety, and welfare of adjacent residential homeowners
and agricultural businesses from nuisances and inappropriate land
uses through proper zoning and land use controls.
A.
ARRAY
PRINCIPAL SOLAR ENERGY SYSTEM
SOLAR PANEL
Definitions. As used in this section, the following terms shall have
the meanings indicated:
An electrical device consisting of a large array of connected
solar cells.
A solar array on land as the primary use of that land which
consists of one or more cells, panels, or arrays designed to collect
and convert solar power into another form of energy such as electricity
or heat that will be connected to the utility grid, used for the generation
of power for the sale of energy to other users not on site, or provided
under a power purchase agreement (PPA) on a parcel adjacent to the
principal/primary end user.
A panel or group of panels known as an "array" that captures
and converts solar radiation to produce electric power.
B.
General requirements for a principal solar energy system.
(1)
A solar energy system shall be permitted in the P-BR District,
HC District, LIO District or M District subject to specific criteria
as set forth below:
(a)
The applicant shall obtain site plan approval from the Quinton Township Planning Board in accordance Part 3 of Chapter 170 of the Township Code.
[1]
Site plans and zoning permit applications for solar
energy systems shall be accompanied by standard drawings of the solar
panels, inverters, substations and any other required structures.
The design shall be signed and sealed by a professional engineer,
registered in the State of New Jersey, certifying that the design
complies with all of the standards set forth in all applicable codes
then in effect in the State of New Jersey and all of this section.
(b)
The applicant shall submit a stormwater management plan that
demonstrates that stormwater will infiltrate into the ground beneath
the solar energy system at a rate equal to that of the infiltration
rate prior to placement of the system.
(c)
All on-site utility and transmission lines shall, to the extent
feasible, be placed underground.
(d)
A clearly visible warning sign concerning voltage shall be placed
at the base of all pad-mounted transformers and substations or fence.
(e)
A minimum of one sign shall be posted near ground level on the
interconnection cabinet warning of high voltage. In addition, the
following information shall be posted on a label or labels on the
interconnection cabinet of the solar energy system:
(f)
Should the solar energy system interconnection cabinet be located
on the inside of a structure, a sign notifying of the existence of
a solar energy system shall be placed on the outside of the building,
near the electrical and/or gas meter, in order to notify emergency
personnel of the solar energy system. When a building or cabinet is
necessary for storage cells or related mechanical equipment, it must
be documented as to the necessity. The building may not exceed 120
square feet in area nor eight feet in height and must be located at
least the number of feet equal to the accessory building setback requirements
of the zoning district from any property line. Any mechanical equipment
associated with and necessary for operation, including any building
or cabinet for batteries and storage cells, shall be equipped with
a lock, and a small sign shall be posted on the outside of the building
or cabinet notifying of the existence of solar energy system batteries
and storage cells in order to notify emergency personnel.
(g)
Any approval of a solar energy system does not create any actual
or inferred solar energy system easement against adjacent property
and/or structures. The owner and/or property owner of a solar energy
system shall not infer or claim any rights to protective writs to
any caused shadows or operating ineffectiveness against future development
adjacent to or higher than the property location of the solar energy
system. The approval of any solar energy system granted by the Township
of Quinton under this article shall not create any future liability
or infer any vested rights to the owner and/or property owner of the
solar energy system on the part of the Township of Quinton, or by
any other officer or employee thereof, for any future claims against
said issuance of approval of the solar energy system that result from
reliance on this article or any administrative decision lawfully made
thereunder.
(h)
The applicant shall submit a plan for the removal of the principal
solar energy system including all solar panels, invertors, transmission
lines, electrical wires, storage houses, utility buildings and other
items related to the collection and generation of solar energy when
it becomes functionally obsolete, abandoned after 12 months, or is
no longer in use. The principal solar energy system owner is required
to notify the Township immediately upon cessation or abandonment of
the operation. The owner shall be responsible for the removal of the
facility within six months from the date the applicant ceases use
of the facility or the facility becomes obsolete. At the time of issuance
of the permit for the construction of the principal solar energy system,
the owner shall provide financial security in form and amount acceptable
to the Township to secure the expense of dismantling and removing
said structures. The applicant shall estimate the cost of removal
of the system, to the satisfaction of the Township Engineer, and create
an escrow account for this removal expenditure. The funds shall be
used by the Township to remove the energy system or return to the
developer upon completion if said developer removes the energy system.
(i)
The owner of the solar energy system shall provide written authorization
from the local utility company to the Township acknowledging and approving
such connection.
(j)
At a minimum, a twenty-five-foot-wide access road must be provided
from a state, county or Township roadway into the site.
(k)
At a minimum, an eighteen-foot-wide cartway shall be provided
between solar panel racking systems to allow for maintenance vehicles
and emergency management vehicles including fire trucks and EMS vehicles.
Cartway width is the distance between the bottom edge of a solar panel
to the top edge of the solar panel directly across from it.
(2)
Fence. All mechanical equipment for the solar energy system
including any solar panels, invertors, buildings, structure for batteries
or storage cells, shall be completely enclosed by a minimum eight-foot-high
fence with a self-locking gate. Fences are not permitted in the front,
side or rear yard setbacks.
(3)
General buffer and screen composition.
(a)
Purpose and applicability.
[1]
Buffers and screens shall be included with submitted
site plans and subdivision applications.
[2]
The primary purposes of screening buffers is to
preserve the rural viewsheds along county and state roads in accordance
with the Township, county, and state Master Plans and to reduce noise
generated from larger solar energy systems in order to protect the
rural character of Quinton and the adjacent residential homes.
(b)
A fifty-foot screening buffer is required from any state, county,
or Township road, residential use or residential zoning district.
(c)
Screening buffer widths shall be measured parallel from the
property line or right-of-way line, whichever will provide the greatest
distance from the roadway pavement.
(d)
All mechanical equipment shall be screened from any adjacent
residential property line or residential use. The screen shall consist
of shrubbery, trees, or noninvasive plant species which provides an
opaque screen. Plant screens shall be reviewed and approved by the
Township Planner.
(e)
Buffers and screens may be comprised of existing vegetation
and natural features; proposed new or transplanted vegetation; or
existing or proposed fences, walls and/or berms. When berms are included
in a buffer, a curvilinear or naturalistic arrangement is encouraged.
(f)
No structure, activity, storage of materials or parking of vehicles
shall be permitted within a buffer area.
(g)
Buffering screens shall be designed, planted, graded, landscaped
and developed with the general guideline that buffer must obscure
the visual of solar energy system and mitigate noises generated on
the site.
(h)
Screening buffers shall contain the following quantity of plant
material per 50 lineal feet: two shade trees, plus two evergreen trees,
plus 20 shrubs.
(i)
Screening buffer plantings shall achieve an 80% opacity after
five years' growth.
(4)
Vegetation management.
(a)
No more than 21,780 square feet of vegetation may be cleared
for a solar energy system which is used to generate power for a utility
company or as part of a PPA agreement. A vegetation management plan
shall be submitted at the time of site plan application if there is
more than 21,780 square feet of vegetation being cut or removed from
the site. The vegetation management plan shall contain the following
information:
[1]
Location of existing natural features, including
wooded areas, watercourses, wetlands, and floodplains.
[2]
Location of all existing or proposed buildings,
driveways, grading, septic fields, easements, underground utility
lines, rights-of-way, and other improvements.
[3]
Location of all existing live trees, with trunk
diameters of five inches or greater, measured 4 1/2 feet above
ground level. Each tree shall be noted by its species, size and general
health condition. Whenever possible, the actual canopy spread shall
be shown. If it must be estimated, the canopy shall equal 1 1/2
inches of diameter per one inch of trunk diameter. If the trees to
be preserved are part of a wooded area, only the outermost canopy
line need be shown; unless disturbance is proposed, then individual
trees located within 50 feet of the proposed edge of the woodland
shall be shown.
[4]
Each tree, or mass of trees, to be removed or transplanted
shall be clearly marked as such.
[5]
A chart tabulating the diameter inches being removed,
the required diameter inches to be replaced, and the equivalent number
of compensatory trees.
(b)
Specifications for the removal of existing trees and for the
protection of existing trees to be preserved, including detail(s)
of tree protection fencing.
(c)
Compensatory planting.
[1]
In the event that preservation of existing vegetation
on the site is impossible, relocation of improvements impractical,
and more than 21,780 square feet of vegetation is being removed then
compensatory planting shall be required for each live tree on the
site, and each specimen tree anywhere on the site.
[2]
Trunk diameters shall be measured according to
the following guidelines:
[a]
For single-trunked shade trees, at a point 4 1/2
feet above ground level.
[b]
For single-trunked ornamental trees, at a point
12 inches above ground level.
[c]
For evergreen trees, at a point 12 inches above
ground level.
[d]
For multi-trunked trees that branch between one
and 4 1/2 feet above ground level, at a point just below the
split.
[e]
For multi-trunked trees that branch below one foot
above grade, the diameter shall be 60% of the sum total of all trunks
measured at a point 4 1/2 feet above ground level.
(d)
Compensatory trees shall be provided in the following ratios,
based on the sum total of the diameter inches of trees being removed.
These standards are applicable to both deciduous and evergreen trees.
Compensation is not required for shrubs, unless otherwise required
by the Planning Board.
[1]
For trees five to 24 inches in diameter, one inch
of new tree caliper shall be provided for every one inch of existing
tree diameter cut or removed.
[2]
For trees 24 inches in diameter or greater (specimen
trees), two inches of new tree caliper shall be provided for every
one inch of existing tree diameter cut or removed.
[3]
For existing street trees within the right-of-way,
one tree, with a caliper of three to 3 1/2 inches, shall be replanted
in the street tree planting strip.
[4]
For other significant areas of woods containing
deciduous trees smaller than five inches in diameter, or evergreens
less than six feet in height, replanting shall be with seedling material,
of comparable native species, placed on a ten-foot-by-ten-foot grid.
Compensation shall be at a rate of one square foot of new planting
area for one square foot area of disturbance. This material may be
bare root or container grown stock.
[5]
The number of compensatory trees should be calculated
from the total diameter inches to be replaced, divided by three, rounded
up to the next whole number.
(e)
Compensatory trees shall be three to 3 1/2 inches in caliper,
and planted in accordance with the above standards. Evergreen and
ornamental trees may be substituted at a ratio of two to one shade
tree, for up to 50% of the requirement. Alternative types of compensatory
planting may be permitted, when approved by the Planning Board.
(f)
Locations of compensatory trees must be clearly labeled on the
landscape plan. They may be placed anywhere on the site, but are in
addition to other required trees.
(g)
In the event that the applicant establishes to the satisfaction
of the Planning Board that constraints incident to the land itself
(including, without limitation, extreme topography, unsuitable soils,
rock outcrops and existing uninterrupted dense canopy) render it impractical
to locate on the lot the required number of compensatory trees, then,
at the election of the Planning Board, the applicant shall:
[1]
Install a portion of the required compensatory
trees on other public lands within the Township; and/or
[2]
Contribute to the Township the cost of those trees
which cannot practically be installed on the property for later installation
of trees on public lands. The fee shall be $35 per tree removed, up
to a maximum of $700 per acre; and/or
[3]
Install fewer, larger or more valuable compensatory
trees on the lot with an aggregate cost as installed and guaranteed
not less than the estimated aggregate cost of the required number
of compensatory trees.
[4]
Whichever alternative is elected by the Board shall
serve as the basis for calculating the required financial security
in conformance with § 190-75A(6) above.
C.
Development standards for all principal solar energy systems and
accessory structures.
(1)
Solar panels shall be placed such that concentrated solar radiation
or glare shall not be directed onto nearby properties, businesses,
residential homes, or roadways. The applicant shall submit certifications
from an engineer or manufacturer that the design will not cause a
reflection or noise nuisance to adjacent property owners or flow of
traffic on nearby roadways.
(2)
The design of the solar energy system shall conform to all applicable
industry standards including New Jersey Uniform Construction Code,
New Jersey Department of Community Affairs, National Electric Code,
and Quinton Township Building Codes and Zoning Regulations. The applicant
shall submit certificates of design compliance obtained by the equipment
manufacturer from a certified organization and any such design shall
be certified by an engineer registered in the State of New Jersey.
The manufacturer specifications shall be submitted as part of the
application.
(3)
If the ground-mounted solar energy system is removed, any earth
disturbance as a result of the removal of the ground-mounted solar
energy system shall be graded and reseeded.
(4)
Ground-mounted panels shall not be placed in any road easements,
deed-restricted areas, wetlands, wetland buffers, landscape buffers,
property buffers, floodplains, floodplain buffers or any other buffer
zones without written approval from the governing agency.
(5)
All electrical and power lines from a ground-mounted solar energy
system to any building or other structure shall be located underground.
(6)
Mechanical equipment shall not be located in the front yard,
side yard, or rear yard setbacks.
(7)
Solar panels shall not be placed in any air hazard zone, airport
buffer zone, or in the vicinity of any airport in a manner that would
interfere with airport flight patterns. Acknowledgement and approval
must be received from air agency.
(8)
No portion of the solar panel, including the racking system,
poles, or ballast, shall contain or be used to display advertising.
The manufacturer and equipment information, warning, or indication
of ownership shall be allowed on any equipment of the solar energy
system, provided that they comply with the prevailing sign regulations.
(9)
A solar energy system shall not be constructed until a building
and/or construction permit has been approved and issued.
(10)
Before any construction can commence on any solar energy system,
the property owner must acknowledge that he/she is the responsible
party for owning and maintaining the solar energy system.
(11)
The solar energy system shall comply with all other Township
ordinances and codes, as heretofore enacted and amended, shall remain
in force and effect.
(12)
Solar panels shall not be included in any calculation of impervious
surface or impervious cover pursuant to the New Jersey Municipal Land
Use Law (N.J.S.A. 40:55D-38.1).
(13)
No solar-energy collection panels, supporting structures, fixtures
and piping shall be located in any public rights-of-way, conservation
or other easements.
(14)
Solar panels shall not be mounted on trees.
(15)
Ground arrays shall be located so that any glare is directed
away from an adjoining property.
(16)
Solar panels shall not be included in any calculation of impervious
surface or impervious cover pursuant to the New Jersey Municipal Land
Use Law (N.J.S.A. 40:55D-38.1).
D.
Solar energy systems on preserved or commercial farms.
(1)
Solar energy systems installed on preserved farms shall be regulated
pursuant to the New Jersey Agricultural Retention and Development
Act (N.J.S.A. 4:1C-11 et seq.). Developers of solar energy systems
on preserved farms shall comply with P.L. 2009, c. 213 (N.J.S.A. 4:1C-32.4
et seq.).
(2)
Ground-mounted solar energy generation facilities shall be constructed
in compliance with the following system height, setback and screening
standards:
|
Mounting
|
System Height
|
Size of Occupied Area
|
Minimum Setback to an Adjacent Residence Existing
at the Time of System Installation and Not Located on the Commercial
Farm
|
Minimum Setback to Property Line or Public Roadway
Right-of-Way
|
Required Screening
|
|---|---|---|---|---|---|
|
Ground
|
Up to 2 feet
|
Up to 1 acre
|
200 feet
|
100 feet
|
Not required
|
|
Ground
|
Greater than 2 feet
|
Up to 1 acre
|
300 feet
|
150 feet
|
Not required
|
|
Up to 10 feet
| |||||
|
Ground
|
Up to 10 feet
|
Greater than 1 acre
|
300 feet
|
150 feet
|
Required
|
|
Up to 10 acres
|
400 feet
|
300 feet
|
Not required
| ||
|
Ground
|
Greater than 10 feet
|
Up to 10 acres
|
300 feet
|
300 feet
|
Required
|
|
Up to 20 feet
|
500 feet
|
400 feet
|
Not required
|
(3)
Solar energy generation facilities shall not exceed a maximum
system height of 20 feet.
(4)
Solar energy generation facilities shall be located in a manner
that minimizes views of the facilities from public roadways and existing
residences not located on the commercial farm, by utilizing existing
visual barriers, including, but not limited to, buildings, trees,
hedgerows and preexisting natural topography to the maximum extent
possible.
(5)
The land used for the renewable energy system may be eligible
for farmland assessment if:
(a)
The property is part of an operating farm.
(b)
In the prior tax year the land used for the renewable energy
system was valued, assessed and taxed as agricultural or horticultural
land.
(c)
The power or heat generated is used to provide power or heat
to the farm or agricultural or horticultural operation supporting
the viability of the farm, though not necessarily exclusively.
(d)
The property owner has filed a conservation plan with the soil
conservation district to account for the aesthetic, impervious coverage
and environmental impacts of the renewable energy facilities and the
conservation plan has been approved by the district.
(e)
Where ground-mounted solar panels are installed, the property
under the solar panels is used to the greatest extent practicable
for the farming of shade crops or for pasture grazing.
(f)
The amount of acreage devoted to the structures needed for the
renewable energy facility does not exceed a ratio of one to five for
land devoted to renewable energy facilities and land devoted to agricultural
operations.
(g)
The renewable energy facilities are constructed or installed
on no more than 10 acres of the farmland for which the owner is applying
for valuation, assessment and taxation and no more than two megawatts
are generated on the 10 acres or less.
(h)
Income received for energy generated may not be considered income
for farmland assessment eligibility.
A.
Landscape transition buffer. A landscape transition buffer satisfactory
to the Planning Board of not less than 25 feet in width shall be provided
and maintained by the owner or lessee of a property between any nonresidential
use and contiguous residentially zoned districts.
(1)
The Planning Board may waive the requirements to provide a transition buffer where natural or man-made physical barriers exist such that an effective visual separation exists between residential and nonresidential uses or a landscape strip, screen or fence as stipulated in Subsection B of this section is provided.
(2)
Yard requirements shall be deemed to be counted as part of the landscape
transition buffer area. Where yard areas are less than the required
buffer area, they shall be increased accordingly.
B.
Landscape strips, fences or screens. A landscape strip of at least
10 feet in width or, in lieu thereof, a fence, shall be provided and
maintained by the owner or lessee of a property within landscape transition
buffers or in any case where a nonresidential use as permitted in
this Part 2 is contiguous to or abuts upon any property or area classified
for residential purposes, or the rear or either side line which abuts
upon a street separating it from any property classified for residential
purposes. Such landscape strip, screen or fence shall be of such a
type and designed in such manner as to obscure from view at ground
level such nonresidential property from the contiguous or abutting
or neighboring residential properties and shall be constructed of
materials and of a design subject to the special requirements for
such strips, screens or fences as stipulated in Part 3, Site Plans.
Such planting strip, screen or fence shall be not less than six feet
high at the time of installation nor shall a fence be more than eight
feet high.
C.
Fences.
[Amended 3-4-1998 by Ord. No. 1998-2]
(1)
Height restrictions.
(a)
No fence erected on or around a residential lot or parcel of
land shall exceed six feet in height. No fence erected on or around
a commercial or industrial lot or parcel of land shall exceed eight
feet in height. Preconstructed fence must be installed as close to
the ground as possible. The total height of the fence will not include
any slight undulation of the ground, provided that 80% of the fence
does not exceed the maximum height as specified herein.
(b)
No fence shall be erected less than four inches from the property
line without the approval of the adjacent property owner in writing
submitted with the application for a fence permit, and in no event
shall a fence extend beyond a property line.
(2)
Front yards. No fence shall be erected in a front yard of any lot
in a residential district or along a public right-of-way unless the
fence is not more than 50% solid and is not more than 48 inches in
height.
(3)
Installation. New fences or replacements must be installed with the
finish side facing the adjacent property.
(4)
Prohibited types.
(a)
The following fences and fencing materials are specifically
prohibited: barbed-wire fences, short pointed fences, canvas fences,
cloth fences or electrically charged fences, expansible fences and
collapsible fences, except during construction on such property.
(b)
In commercial or industrial zones, not more than four strands
of barbed wire may be added to the top of a fence which is a minimum
of six feet in height.
(5)
Living fences. Living fences or screens shall be planted no closer
than four feet to the property line and shall not encroach over a
sidewalk or beyond a property line. Living fences shall be maintained
in a neatly trimmed condition. A living fence shall not be a hazard
at any intersection, street or entry so as to prohibit the line of
sight of the motorist or any vehicle operator.
(6)
Waiver of height restrictions.
(a)
Fences higher than eight feet, such as those required around
a tennis or basketball court, may be permitted in a residential district
by the Quinton Zoning Official. However, such a fence shall meet minimum
side and rear yard requirements for an accessory building.
(b)
Fencing around a swimming pool must be installed in accordance
with the BOCA codes.
(7)
Obstruction of drainage prohibited. Fences shall be erected in a
manner as to permit the flow of natural drainage and shall not cause
surface water to be blocked or dammed to create ponding.
(8)
Maintenance. Every fence shall be maintained in a safe, sound and
upright condition and in accordance with the approved plan on file
with the Building Department. Any fence in existence upon passage
of this chapter may continue in existence without compliance with
this section, except that the fence shall be kept painted, where applicable,
and in good repair as deemed by the Housing Officer or member of the
Building Department.
(9)
Permit required. Application for such fences shall be made in writing
to the Building Department Office of the Township of Quinton and shall
set forth the following information [Note: Agriculture fencing is
exempt from obtaining a permit.]:
(11)
Notice and order to repair or remove; penalty. If the Housing
or the Construction Code Officials, upon inspection, determines that
any fence or wall, or portion of any fence or wall, is not being maintained
in a safe, sound, upright condition, the official shall notify the
owner of such fence, in writing, of his/her findings and state briefly
the reasons for such findings and order such fence or wall or portion
of such fence or wall repaired or removed within 30 days of the date
of the written notice. Each day that the person fails to obey the
order referred to above shall constitute a separate violation of this
order. There is a penalty of $250 per violation.
A.
Landscaping in nonresidential districts. Other provisions of this
Part 2 notwithstanding, in any nonresidential district, the entire
lot, except for areas covered by buildings or surfaced as parking,
recreation or service areas, shall be seeded, sodded or planted with
ground cover and suitably landscaped in accordance with an overall
landscape plan consistent with natural surroundings. All landscaping
shall be properly maintained throughout the life of any use on said
lot. Existing trees or landscaping located within 20 feet of any street
line, lot or zoning district line shall not be removed except upon
written approval by the Planning Board, nor shall the existing grade
within that space be disturbed without such approval.
B.
Parking areas.
(1)
Landscaping requirements where parking is in front yard areas. So
as to obstruct from view, at the street line, any parking area in
the front yard, the front yard area not containing parking shall contain
a landscape strip or screen. Landscaped earth berms may also be used
in front yard areas where there is sufficient area to allow for their
construction and long-term maintenance. Such landscaping shall be
subject to the approval of the Planning Board and shall be maintained
throughout the effective period of any certificate of occupancy on
a lot.
(2)
Landscaping within parking areas. Any single parking area with 50
or more spaces shall, notwithstanding other requirements of this Part
2 and Part 3, Site Plans, provide at least 5% of its area in landscaping.
C.
Natural landscape area along watercourses. No building or parking
area shall be located within 200 feet from the center line of any
stream or within a flood hazard area. Such area shall be deemed to
be part of any landscape area or landscape transition buffer when
required.
D.
Screening of outdoor storage. Any article or material stored outside
an enclosed building as an incidental part of the primary operation
on a lot shall be so screened by fencing, walls or evergreen planting
that it cannot be seen from adjoining public streets or adjacent lots
when viewed by a person standing on the ground level.
A.
Corner lots.
(1)
Obstruction to vision at street intersections. At all street intersections in all districts, no obstructions to vision exceeding 30 inches in height above curb level shall be erected or maintained or any lot within the sight triangle as required by Part 4, Subdivision. This requirement shall apply to existing as well as proposed street intersections.
(2)
Yards. On a corner lot, one yard other than the front yard shall
be deemed to be a rear yard and the other or others, shall be deemed
to be side yards.
B.
Through lots. On a through lot, front yards are required on all street
lines.
C.
Lot frontage/width. When a lot adjoins a cul-de-sac or is on a curved
alignment with an outside radius of less than 500 feet, such frontage
may be reduced to not less than 1/2 the required lot width, and the
minimum lot width at the setback line may be reduced to not less than
75% of the required lot width.
D.
Lot depth. The required lot depth at any point may be decreased by
25% if the average lot depth conforms to the minimum requirement.
E.
Measurement of setbacks. Where a building lot has frontage upon a
street, or streets, in the case of a corner lot, which on the Master
Plan or Official Map of Quinton Township is contemplated for right-of-way
widening, the required setback distance shall be measured from such
proposed right-of-way line.
F.
Height exceptions. The height limitations of this Part 2 shall not
apply to church spires, belfries, cupolas and domes not used for human
occupancy; nor to chimneys or radio and television antennas less than
55 feet above average grade, which grade shall be substantially unchanged
from the natural grade at the time of a construction permit application.
Mechanical equipment such as penthouse elevators, condensers, exhaust
fans, air conditioners and similar equipment, stair enclosures and
skylights or atrium structures, may exceed the maximum permitted height
in the district by up to 10 feet, provided that such structures in
the aggregate do not exceed 10% of the roof area on which they are
located and are properly shielded or screened. Except for walls of
elevators and stair enclosures, when required by the plan of the building,
all such screened mechanical equipment structures may be either 10
feet from the perimeter walls of a building or integral with the front
facade of the building if designed as an architectural extension of
the facade and containing similar building materials.
G.
Courts. The minimum dimension of an inner court shall not be less
than twice the average height of all surrounding walls. However, in
no case shall an inner court have a dimension of less than 30 feet.
The height of walls surrounding an inner court shall be measured from
finished grade at the base thereof, to the top of such wall, except
that, in the case of roofs with a slope exceeding five inches vertical
to 12 inches horizontal, the height shall be measured to the mean
point between the top of the said wall and the highest point of the
roof. The minimum dimension of an outer court shall be 20 feet, and
its depth shall not exceed its width.
H.
Minimum net habitable floor area. Minimum net habitable floor areas
for permitted residential uses in this Part 2 shall comply with the
least restrictive of the most current minimum floor areas as promulgated
by the New Jersey Housing Finance Agency or by the United States Department
of Housing and Urban Development minimum property standards manuals.
I.
Number of buildings restricted. There shall be not more than one
principal structure on each lot in any residence district except as
may be allowed in planned residential developments or in the VR District.
In any other zone, applicants seeking to develop more than one principal
structure on each lot shall comply with the provisions of Part 3,
Site Plans, and submit for Planning Board approval a site plan showing
existing, proposed and all future developments on the site.
J.
Frontage upon a street. Every principal building shall be built upon
a lot with the minimum lot width fronting upon an improved and approved
street in accordance with the road standards established by the Township
or on a private road shown on an approved site plan.
K.
Minimum occupancy requirements. The number of occupants per permitted
residential use in this Part 2 shall comply with the most current
occupancy guidelines as established by the United States Department
of Housing and Urban Development (Manual 7465.1), which establish
reasonable criteria limiting the number of occupants per dwelling
unit to available sleeping and bedroom facilities.
Off-street parking and loading for uses allowed in this Part
2 shall be subject to the requirements stipulated in Part 3, Site
Plans. No parking or loading spaces shall be permitted in the front
yard area in any business district.
A.
Home occupations shall be permitted in all residence districts, provided
that:
(1)
No person other than members of the family residing on the premises
plus one outside employee shall be engaged in such occupation. The
person whose occupation is being operated from the home shall reside
on the premises.
(2)
The use of the dwelling unit for the home occupation shall be clearly
incidental and subordinate to its use for residential purposes by
its occupants, and not more than 25% of the floor area of the principal
dwelling on the lot, except those used for farm purposes, shall be
used in the conduct of the home occupation.
(4)
The lot upon which the premises is located shall be 3/4 acre or larger,
and no traffic or parking shall be generated in excess of three passenger
automobiles at any one time in addition to those used by the owner
or tenant, all of which must be parked off-street, in properly designed
spaces; except that a home occupation may be located in a single-family
dwelling unit on a lot smaller than 3/4 acre if no employees are hired
therefor, the occupation does not generate more than one passenger
automobile at any one time in addition to those used by the owner
or tenant, and only one off-street parking space is provided for use
of customers of the home occupation.
(5)
No mechanical or electrical equipment shall be used that will be
detectable to the normal senses or that will create electrical or
audio interference.
(6)
The retail sale of goods shall not be construed to be a home occupation
under the terms of this Part 2.
(7)
There shall be no more than one home occupation in any one dwelling
unit.
(8)
Applicants for home occupation permits proposing to hire an employee
or provide more than one off-street parking space for customers shall,
by certified mail, return receipt requested, provide notice to all
property owners within 200 feet of the lot upon which the home occupation
is proposed to be located specifying that the applicant has applied
for a home occupation permit, setting forth the substance of the application
and stating that the Zoning Officer will decide the application 30
days from the date of the notice unless the Zoning Officer receives
written objections thereto. If the Zoning Officer receives written
objections, he shall grant or deny the application, with or without
conditions, or refer the application to the Planning Board for site
plan review.
For purposes of this Part 2, calculation of common open space
shall not include:
A.
General. Various types of planned developments listed as permitted or conditional uses in certain districts herein may be permitted by the Planning Board only after it has determined that the development proposal complies with the conditions and standards set forth in this section, notwithstanding other applicable regulations of this Part 2 or additional conditions for the particular planned development.
B.
Findings for planned developments. Prior to approval of any planned
development, the Planning Board shall find, as required by N.J.S.A.
40:55D-45, the following facts and conclusions:
(1)
That departures by the proposed development from zoning regulations
otherwise applicable to the subject properly conform to the zoning
standards applicable to the planned development.
(2)
That the proposals for maintenance and conservation of the common
open space are reliable, and the amount, location and purpose of the
common open space are adequate.
(3)
That provision through the physical design of the proposed development
for public services, control over vehicular and pedestrian traffic,
and the amenities of light and air, recreation and visual enjoyment
are adequate.
(4)
That the proposed planned development will not have an unreasonably
adverse impact upon the area in which it is proposed to be established.
(5)
In the case of a proposed development which contemplates construction
over a period of years, that the terms and conditions intended to
protect the interests of the public and of the residents, occupants
and owners of the proposed development in the total completion of
the development are adequate.
Electric and telephone lines shall be underground to the structures
from existing utility poles.
A.
The gross density or maximum number of dwelling units permitted in a planned development (except as exempted in Subsection B herein) shall be determined by first excluding from the gross tract acreage all environmentally constrained areas located on the tract and multiplying the remaining acreage by the allowable gross density of the residential zoning district in which the tract is located.
B.
For developments located in the P-BR Zoning District, the maximum
number of permitted lots shall be determined by dividing the net acreage
of a tract, after exclusion of both environmentally constrained areas
and a factor of 15% of the area remaining after deduction of said
environmental features, by the minimum lot area of the residential
district. Environmentally constrained areas shall include areas designated
as national wetlands, water bodies and flood hazard areas. Detailed
soil engineering and geotechnical test data undertaken in accordance
with acceptable engineering standards and practices may be submitted
by an applicant if he seeks amendment of the boundary limits which
define such environmentally constrained areas.
For developments located in nonresidential zoning districts,
the total square footage of a building to be permitted shall be computed
on the basis of the permitted floor area ratio (FAR) of the nonresidential
zone, multiplied by the net acreage of a tract remaining after exclusion
of environmentally constrained areas located on the lot. Environmentally
constrained areas shall include areas designated as national wetlands,
water bodies and flood hazard areas. Detailed soil engineering and
geotechnical test data undertaken in accordance with acceptable engineering
standards and practices, or permits received from governmental agencies
having jurisdiction over such wetlands or floodplains indicating a
different geographic area, may be submitted by an applicant if he
seeks amendment of the boundary limits which define such environmentally
constrained areas.
A.
General. The following provisions shall apply to all buildings and
uses lawfully existing on the effective date of this Part 2 which
do not conform to the requirements set forth in this Part 2 and to
all buildings and uses that become nonconforming by reason of any
subsequent amendment to this Part 2.
B.
Regulations. Any nonconforming use of buildings or open land and
any nonconforming buildings may be continued indefinitely, but such
uses shall not be:
(2)
Moved to another location where such use would be nonconforming.
(3)
Reestablished if such use has been voluntarily discontinued for any
reason for a period of one year or more or has been changed to or
replaced by, a conforming use.
(4)
Restored for other than a conforming use after substantial destruction
thereof.
A.
Nothing in this article shall be deemed to prevent normal maintenance and repair, structural alteration in or the reconstruction of a noncomplying building, provided that such action does not increase or extend the degree of or create any new nonconformity with regard to the regulations pertaining to such buildings or the lot upon which they are constructed (e.g., an undersized house situated closer to the street line than now specified may have an addition on the back, provided that side and rear yards are not invaded), except that the floor area of a single-family house that occupies a lot that is smaller than the minimum lot area for the district in which the house is located may be increased by not more than 20% of the floor area existing as of the date of adoption of this Part 2, provided that all other provisions of this Part 2 are complied with. Yard reductions for such undersized lots may be permitted according to criteria established in § 170-53 of this article. This latter exception shall not apply to those lots in which an increase in floor area of a nonconforming building has occurred since December 6, 1978.
A.
Except as provided in § 170-24, Subsection G, no nonconforming vacant lot existing prior to December 6, 1978, shall be further reduced in size. In residential districts, such lots, as well as those which are consolidated into a single lot but still are nonconforming in area or dimension, may be improved for a single-family residence and its permitted accessory uses without appeal for variance relief, provided that the following provisions are met:
[Amended 12-5-2007 by Ord. No. 2007-10]
(1)
The lot is in separate ownership and not contiguous to lots in the
same ownership, and the owner had made a conscientious effort to acquire
additional property. However, in the case of two or more contiguous
lots under the same ownership, regardless of whether or not each may
have been approved as a subdivision, acquired by separate conveyance
or by other operation of law, where one or more of said lots does
not conform to the area and/or division requirements for the zone
in which it is located, the contiguous lots shall be considered as
a single lot, and the provisions of the applicable zoning district
shall apply.
(2)
As appropriate, all necessary health approvals shall be given by
the responsible municipal agency or its agent.
B.
Floor area ratio/maximum improvement coverage exceptions. The floor
area ratio/maximum improvement coverage (FAR/MIC) of the zoning district
in which the vacant lot is located may either be the maximum permitted
FAR/MIC of the zoning district or 120% of the average FAR/MIC of dwellings
immediately adjacent to the vacant lot, whichever is smaller. In the
case of all vacant lots in a particular block or area, the permitted
FAR/MIC of the zoning district may be increased by 10%.
C.
Yard exceptions.
(1)
Where the lot does not have the required width, each side yard may
be reduced by one foot for each five feet that the lot is below the
minimum required width, except that no side yard shall be less than
1/2 that required by the zoning district.
(2)
Where the lot does not have required depth, the rear yard may be
reduced six inches for every foot 100 feet in depth, except that no
rear yard shall be less than 1/2 that required by the zoning district.
(3)
If after application of exceptions § 170-53A(4)(a) and
(b) above, front-yard infringement is necessary, no building shall
be set back less than 75% of required front yard in the zoning district.
A.
Purpose. The purpose of this section is to provide a method of developing
land in certain districts of the Township so that desirable open spaces,
conservation area, floodplains, recreation areas and other environmentally
sensitive lands can be set aside and so that a variety of affordable
housing types may be produced by permitting planned unit developments.
B.
Planned unit development (PUD) may be approved as a conditional use
at the discretion of the Planning Board in accordance with the following
standards:
(1)
All planned unit developments shall be connected to an approved and
functioning central water and sanitary sewerage treatment system.
(2)
The minimum project size, open space and maximum density provisions
for planned unit developments within any district shall be as specified
below.
(3)
The minimum requirement for open space size is achieved by a proposed development and that the location, type, design, layout, maintenance, ownership and control of such open spaces comply with the minimum standards of § 170-103C of this chapter.
(4)
Whenever possible, all dwelling units shall be arranged into cluster
and shall front on culs-de-sac and loop streets and be so designed
as to discourage through vehicular traffic movements within clusters
of residential dwelling units.
(5)
Only the rear lot lines of any proposed building lot, whether for
residential or other purposes, shall abut the lot lines of the parcel
originally proposed for development.
(6)
All utility installations shall be underground.
(7)
Provisions to accommodate Mount Laurel housing requirements have
been complied with.
C.
Required findings by the Planning Board. Prior to granting approval
of any planned residential development, the Planning Board must find
that:
(1)
Sanitary sewer collection and treatment, as well as potable water
facilities, are available to and are to be provided to the proposed
development.
(2)
The proposal will produce economy in layout and design of the public
service infrastructure.
(3)
The proposal is consistent with and will not create hazards relating
to traffic patterns already established by surrounding development.
A traffic report may be required by the Planning Board.
(4)
Open space to be created by the proposal must be suitable for both
passive and/or active recreation uses and/or valuable for the protection
of the natural environment and/or necessary for a public or quasi-public
purpose, and the open space standards of this article shall have been
achieved.
(5)
There is reasonable assurance that the improvements and maintenance
of the open space can be secured by the methods and arrangements proposed
by the development.
(6)
The proposal is consistent with the intent and purposes of the Master
Plan and N.J.S.A. 40:55D-45.
(7)
The proposal will not create a negative fiscal impact on the Township's
services.
(8)
The proposal is consistent with and is in conformance with the provisions
for Mount Laurel housing requirements.
D.
Minimum tract size and maximum density. The minimum tract size necessary
to qualify shall be 100 acres. The maximum density of residential
building lots for cluster development shall be four units per acre.
E.
Area, yard and setback requirements. The minimum building lot requirements for cluster development in each of the specified districts shall be as specified below in Subsection I.
F.
Permitted uses. Permitted uses shall be as follows:
(1)
Residential units, such as but not limited to single-family detached
dwellings, twin dwellings, attached dwellings, quadraplexes and garden
apartments, except midrise and high-rise structures.
G.
Required mix. The following mix requirements shall be adhered to
for all planned unit developments. However, a deviation of 10% from
any of these requirements may be granted by the Planning Board.
H.
Staging.
(1)
As a condition to preliminary approval of a planned unit development,
the Planning Board may permit the implementation of the plan in whole,
in sections or in stages consisting of one or more sections or stages,
under the sequence of actions determined as a part of the development
plan. Such sections or stages shall be:
(a)
Substantially and functionally self-contained and self-sustaining
with regard to access, parking, utilities, open spaces and similar
physical features and shall be capable of substantial occupancy, operation
and maintenance upon completion of construction and development.
(b)
Properly related to other services of the community as a whole
and to those facilities and services yet to be provided in the full
execution and implementation of the development plan.
(c)
Provided with such temporary or permanent transitional features,
buffers or protective areas as the Planning Board may require which
will prevent damage or detriment to any completed section or stage,
to other sections or stages and to adjoining properties not in the
development plan. Plans and specifications of such sections or stages
are to be filed with the Planning Board and are to be of sufficient
detail and at such scale as to fully demonstrate the following:
[1]
The arrangement and site locations of all structures, primary
and accessory land uses, parking, landscaping, public and private
utilities and service facilities and land ownership conditions.
[2]
Estimates of the economic base of the section or sections supported
by such evidence as:
[a]
The estimated cost and market values of structures
and land improvement increase of taxable values.
[b]
Costs of maintenance and services to be borne by
public and private agencies.
[c]
Potential rental scale costs of utility installation.
[d]
The financial ability of the developer to complete
the plan.
[e]
Such other financial considerations as the Planning
Board shall deem applicable.
[3]
Estimates of its population characteristics, such as the size
and composition of future population in terms of probable family sizes
of the several dwelling unit types, their need for public services
and protection, for recreational facilities and for commercial and
professional services, anticipated rental sales and related considerations.
[4]
Such further reasonable evidence and facts that the Planning
Board may require in order to determine that the objectives and standards
set forth herein are met.
(2)
Upon finding that the plan and specifications for the proposed development
of the section or sections conform to the above conditions, the Planning
Board shall so inform the administrative officers as are charged with
the issuance of permits for the construction of utilities or structures
that, upon presentation of requisite working drawings and specifications,
such permit may be issued. Upon substantial completion of any section
or stage, which shall include all performance bonds, covenants and
similar instruments to assure such completion, and before proceeding
with the review and approval of additional sections or stages, the
Planning Board may require a report and review of the status, character
and conditions of other previously completed sections or stages with
regard to their compliance with the plans, specifications and estimates
which formed the basis for its action and approval. Upon finding that
such compliance has occurred, the Board shall initiate proceedings
for the review of the new section or stage.
(3)
As a further condition for approval of later sections or stages,
the Board may require or permit adjustments or modifications in the
conditions established in the approved development plan to compensate
for differences between the estimates of record on previously approved
and completed sections or stages as required and the actual conditions
prevailing upon their completion. In this regard, consideration may
be given to the balance of land uses established consistent with the
conditions of the development plan and the extent of variation from
the social and economic estimates upon which previous approval may
have been based.
(4)
Notwithstanding the aforementioned conditions and regulations, the
following schedule for land development prevails:
(a)
No building permit shall be issued for more than 25% of the
residential units until at least 15% of the total commercial development
contemplated by the total development plan has been constructed and
for which a certificate of occupancy has been issued.
(b)
Following the issuance of certificates of occupancy for 15%
of the total commercial buildings of the development plan, building
permits may be issued for no more than an additional 25% of the total
of the residential units of the development plan. No further residential
permits shall be issued until an additional 25% of the total contemplated
commercial development is constructed and for which certificates of
occupancy are issued.
(c)
Following the issuance of certificates of occupancy for the
additional 25% of the commercial building area, building permits may
be issued for an additional 25% of the total of the residential units
of the development plan. No further residential permits shall be issued
until an additional 35% of the total of the commercial development
contemplated has been constructed and for which certificates of occupancy
have been issued.
(d)
Following issuance of certificates of occupancy for 75% of the
commercial areas of the development plan, building permits may be
issued for the balance of the residential dwelling units in the development
plan.
I.
Additional regulations.
(1)
Notwithstanding the previous regulations in the Schedule of District
Regulations relating to the requirements for single-family detached
units, the following area, yard and bulk requirements shall apply
in all planned unit developments:
|
Single-Family Detached Dwelling Units
| |
|---|---|
|
Type
|
Requirement
(feet)
|
|
Lot area
|
11,000 square feet
|
|
Lot width
|
70
|
|
Lot frontage
|
60
|
|
Front yard setback*
|
25
|
|
Side yard
|
12
|
|
Rear yard
|
25
|
|
Two-Family or Twin Dwellings
| ||
|---|---|---|
|
Type
|
Requirement for Building
(feet)
|
Unit
(feet)
|
|
Lot area
|
17,000 square feet
|
10,000 square feet
|
|
Lot width
|
100
|
60
|
|
Lot frontage
|
90
|
50
|
|
Front yard setback*
|
25
|
25
|
|
Side yard
|
12
|
12 (1 side)
|
|
Rear yard
|
25
|
25
|
|
NOTES:
|
|---|
|
* All setbacks shall be measured from the proposed right-of-way
width for any public street as shown on the adopted State, County
or Township Master Plan and/or Official Map.
|
A.
Purpose; definitions and resource extraction.
(1)
It
is the purpose of this chapter to license and regulate all resource
extraction operations for the protection of persons and property;
for the protection and preservation of the public health, safety and
general welfare of the Township of Quinton and its citizens; to ensure
that resource extraction operations shall be conducted in such a manner
as to create a minimum of annoyance to other citizens from noise and
dust; to provide for the safety of persons, particularly children;
to provide for the free access of roadways surrounding the resource
extraction operations; to provide regulations to ensure environmentally
safe operations; and to ensure that the resource extraction sites
shall be rehabilitated through a restoration plan during resource
extraction operations and after such operations have been completed
or otherwise terminated.
[Added 12-21-2011 by Ord. No. 2011-09]
(2)
APPLICANT
BUFFER ZONE
COMMITTEE
DRY MINING
LOT
PERMIT
PERSON
PREMISES
SOIL
SPOT ELEVATION
WET MINING
For
the purpose of this chapter, unless from the context a different meaning
clearly appears, the following words shall be defined to include and
to mean the following:
The individual, partnership, corporation or any other entity
and shall include tenants, owners, licensees and permittees who shall
apply for a permit.
An area within a property or site, generally parallel with
and adjacent to the property line, either consisting of natural existing
vegetation or created by the use of trees, shrubs, fences and/or berms,
designed to continuously limit view of and/or sound from the site
to adjacent sites or properties.
The Township Committee of the Township of Quinton.
The excavation and mining of soils at or above the seasonal
high water table.
[Added 12-28-2022 by Ord. No. 2022-08]
Any parcel of land or portion thereof the boundary lines
of which can be ascertained by reference to the maps and records,
or either, in the office of the Tax Assessor of the Township of Quinton
or in the Office of the Salem County Registrar of Deeds.
A soil removal permit used under the terms hereof.
Includes an individual, partnership, corporation or any other
entity and shall include both tenants, owners, licensees and permittees.
One or more lots or contiguous parcels of land in single
ownership, which ownership can be ascertained by reference to the
maps and records, or either, in the office of the Tax Assessor of
the Township of Quinton or in the Office of the Salem County Registrar
of Deeds.
Both surface soil (topsoil) and subsoil and shall include
dirt, stone, gravel, sand, humus, clay, loam, rock and mixtures of
any of these.
The elevation of a point on the existing land and representative
of the surrounding area, generally within 50 feet of the point in
question.
The excavation and mining of soils below the seasonal high-water
table, as established as a specific fixed elevation at the time of
approval, that will result in a surface body of water when site restoration
is complete.
[Added 12-21-2011 by Ord. No. 2011-09]
B.
Permit required.
(1)
No
persons shall excavate for the removal of soil or otherwise remove
soil for sale or for use other than on the premises from which the
soil shall be taken except in connection with construction or alteration
of a building on such premises for which a construction permit has
been properly issued, and excluding all grading incidental thereto,
without first having obtained a permit therefor approved by the Township
Committee of the Township of Quinton or its designee. The permit shall
be conspicuously posted and displayed in the office of the licensee
and produced upon request. No more than two soil removal permits shall
be outstanding at any one time.
[1]
Editor's Note: This ordinance also stated that if it shall
conflict with another Township ordinance, the greater limitation shall
be enforced.
(2)
The
following are exceptions to this chapter and shall not be construed
to be operations as covered under provisions of this chapter:
[Added 12-21-2011 by Ord. No. 2011-09]
(a)
On-site excavations for purposes of construction not exceeding 500
cubic yards.
(b)
On-site excavation and grading for yards, sidewalks, drainage ditches,
sewage disposal systems or other minor yard improvements.
(c)
New streets, roadways and driveways where regulated by other ordinances.
(d)
Excavations made by Quinton Township, the County of Salem or the
State of New Jersey for public improvements, such as streets, highways,
drainage, sewers or other similar projects. It is intended to include
in this exception private contractors working under contract for any
of these governmental units.
(e)
Underground utility lines within the bounds of the public right-of-way.
(f)
Excavation in connection with development approved by the Planning
Board of the Township of Quinton under its site plan review or subdivision
approval authority; provided, however, that such excavation is necessary
for the reasonable development of the approved premises.
C.
Permit application requirements; water sampling; permit fees.
(1)
The applicant shall make applications for both a soil removal permit,
on a form provided by the office of the Township Clerk, and site plan
application to the Planning Board, and shall furnish the following
information and documents:
(a)
The name and address of the applicant; if the applicant is a
partnership, a partnership name and business, together with the names
of all partners and their residential addresses; if the applicant
is a corporation, the name of the corporation, the place of business
of said corporation, the date and state of incorporation, the names
and addresses of all directors of such corporation, the names and
addresses of all stockholders holding 10% or more of the stock of
the corporation and the names and addresses of the legal representatives
of the corporation, if any.
(b)
The name and address of the owner or owners of the premises
involved; if the owner or owners are a partnership, then the partnership
name and business address, the names of the partners, together with
their residential addresses; if the owner is a corporation, the name
of the corporation, its place of business, the date and state of incorporation,
the names and addresses of all officers and the positions held in
the corporation, the names and addresses of all directors, the names
and addresses of all stockholders holding 10% or more of the stock
of the corporation and the names and addresses of the legal representatives
of the corporation, if any.
(c)
A location map or diagram of the premises showing the location
of the lot(s), together with the Quinton Township Tax Map plate, block
and lot numbers, where the excavation or soil removal is to be conducted
and abutting lands and roads within 1,000 feet of the active area.
(d)
A topographic map at a scale of not smaller than one inch equals
100 feet showing the proposed dimensions, location and operations
on the subject property in its present condition by spot elevations
and an overlay showing the proposed topographical contour grades which
will result from the intended soil removal. All natural drainageways
must be shown. The topographic map shall include an area 200 feet
from the boundaries of the proposed areas to be disturbed or to the
boundary of any buffer area if it is within 200 feet of the actual
work area.
[Amended 12-21-2011 by Ord. No. 2011-09]
(e)
All roads, buildings, streams and bodies of water within 1,000
feet of the premises.
(f)
The names and addresses of all adjoining landowners within 500
feet of the perimeter or location of the lot or premises for which
application is being made.
[Amended 12-21-2011 by Ord. No. 2011-09]
(g)
Existing water drainage conditions, all wooded areas and areas
of significant vegetation, forest associations and wildlife habitats.
(h)
The limit or outbounds of the area or areas on the premises
within which the soil operation or removal is to be conducted.
(i)
The proposed slopes and lateral supports of the limits of the
area upon completion of the excavations and soil removal operations.
[Amended 12-21-2011 by Ord. No. 2011-09]
(j)
The location of all points of ingress and egress.
(k)
The location, size and intended use of all buildings on the
premises.
(l)
The location of all existing and proposed streets, rights-of-way,
including railroad rights-of-way and including those included within
the areas to be mined, and utility rights-of-way.
[Amended 12-21-2011 by Ord. No. 2011-09]
(m)
A soils map based on USDA NRCS Soil Survey of Salem County,
New Jersey, issued June 2008.
[Amended 12-21-2011 by Ord. No. 2011-09]
(n)
A restoration plan which includes:
[Amended 12-21-2011 by Ord. No. 2011-09]
[1]
Method of stockpiling topsoil and overburden.
[2]
Proposed grading and final elevations.
[3]
Topsoil material applications and preparation.
[4]
Type, quantity and size of vegetation to be used.
[5]
Fertilizer application, including method and rates.
[6]
Planting method and schedules.
[7]
Maintenance requirements schedule.
[8]
The post-mining use of the subject property. Permitted post-mining
uses include, but are not limited to, water reservoir, open space/recreational
amenity, wildlife habitat, groundwater recharge or stormwater management.
(o)
The proposed provisions and facilities for stormwater management in accordance with Chapter 216 of the Quinton Township Code.
[Amended 12-21-2011 by Ord. No. 2011-09]
(p)
The location, kind and quantity, in cubic yards, of soil to
be removed during the license period; the location, kind and quantity,
in cubic yards, of soil proposed to be removed over the overall life
of the entire site.
[Added 12-21-2011 by Ord. No. 2011-09]
(q)
The place to which the soil is to be moved and what roads within
the Township are to be used to transport soil, to the extent known
by the applicant.
[Added 12-21-2011 by Ord. No. 2011-09]
(r)
The purpose or a description of the type of mining operation
indicating whether said mining operation is conducted above or below
the seasonal high-water table.
[Added 12-21-2011 by Ord. No. 2011-09]
(s)
The proposed dates of commencement and completion of the various
steps of the land mine operation including restoration.
[Added 12-21-2011 by Ord. No. 2011-09]
(t)
The name, address and telephone number of the person having
direct charge or supervision over the soil removal operation on a
daily basis.
[Added 12-21-2011 by Ord. No. 2011-09]
(u)
A narrative description describing all heavy equipment used
directly or indirectly in the mining operation.
[Added 12-21-2011 by Ord. No. 2011-09]
(v)
Environmental impact statement (EIS), including plans for restoring the site as required in § 170-55C(1)(n). The EIS should also include the following:
[Added 12-21-2011 by Ord. No. 2011-09]
[1]
Purpose. The EIS shall provide a full and fair discussion of
significant environmental impacts on the environment within the Township.
[2]
Contents. The EIS shall provide the information needed to evaluate
the effects of the resource extraction operation upon the environment.
The EIS shall include:
[a]
An inventory of existing environmental conditions
at the site and in the surrounding region which shall describe air
quality, water quality, water supply, hydrology, geology, soils, topography,
vegetation, wildlife, aquatic organisms, ecology, demography, land
use, aesthetics; history and archaeology.
[b]
A project description which shall specify what
is to be done, and how it is to be done, during operation and restoration.
[c]
A listing of all licenses, permits or other approvals
as required by law and the status of each.
[d]
An assessment of the probable impact of the soil
removal operation upon all topics described in § 170-55C(1)(v)[2][a].
[e]
A listing of potential adverse environmental impacts
which cannot be avoided.
[f]
Steps to be taken to minimize adverse environmental
impacts during the soil removal operation, both at the site and in
the surrounding region.
[g]
A reference list of pertinent published information
relating to resource extraction, the site and the surrounding region.
[h]
An executive summary which adequately and accurately
summarizes the EIS. The executive summary shall stress the major conclusions,
areas of controversy and the issues to be resolved.
[i]
A list of the names, together with their qualifications
(expertise, experience, professional discipline), or the persons who
were primarily responsible for preparing it.
(w)
Soil borings. The applicant shall obtain soil borings and groundwater
determinations at the rate of one for every 25 acres, or fraction
thereof, uniformly distributed over the site with a minimum of three
borings regardless of the total site acreage. The borings shall extend
to a point at least 10 feet below the lowest proposed point of excavation.
The results of the test borings shall be witnessed and certified by
a licensed professional engineer and submitted with the application.
[Added 12-21-2011 by Ord. No. 2011-09]
(x)
Landscape plan. The applicant shall supply a landscape/buffer
plan prepared by a qualified professional showing natural vegetation
areas or areas to be planted, and the type, quantity, size and location
of proposed plant material, fences, and berms.
[Added 12-21-2011 by Ord. No. 2011-09]
(y)
Well search. The applicant shall supply a well search for all
wells within 1,000 feet of the site.
[Added 12-21-2011 by Ord. No. 2011-09]
(z)
The applicant shall supply a "spill prevention, control and
containment plan" as it relates to the land mining operation.
[Added 12-21-2011 by Ord. No. 2011-09]
(aa)
The applicant shall supply a "lake management plan" prepared
by a qualified expert with respect to any proposed permanent ponds,
lakes or other bodies of water.
[Added 12-21-2011 by Ord. No. 2011-09]
(2)
All drawings of improvements and/or technical information shall be
prepared, signed and sealed by a licensed professional engineer of
the State of New Jersey. All land survey information shall be prepared,
signed and sealed by a licensed professional land surveyor of the
State of New Jersey.
(3)
Water sampling. Prior to obtaining soil removal permit approval from
the Township Committee, the applicant shall submit testing results
in conformance with the New Jersey Department of Environmental Protection
guidelines for water quality monitoring. The aforesaid results shall
be accepted pursuant to appropriate water quality standards. Minimum
requirements for testing shall be the standard elements for sampling
potable water, including chemical and bacterial samples. The rate
of sampling shall be semiannual, with sampling to be done in April
and October and reported to the Township on or before May 1 and November
1 of each and every year for the respective sampling. Any new or renewal
application for a license must submit water sample results with the
application, regardless of the time of year. More frequent sampling
will be required if it is determined that the water quality is deteriorating
from backgroundwater quality.
[Amended 12-21-2011 by Ord. No. 2011-09]
(4)
License fee.
[Amended 12-21-2011 by Ord. No. 2011-09]
(a)
License fee. A license fee in the amount of $2,500 payable to the
Township Clerk shall accompany all mining applications. Licenses shall
run for a period of five years beginning on July 1. All applications
for a license renewal shall be submitted to the Township Clerk not
less than six months prior to the expiration date of the license.
(b)
Mining license fee. All licenses for wet mining, wet or dry, shall
include an additional license fee of $0.10 per ton of soil, sand or
gravel removed, paid quarterly.
[Amended 12-28-2022 by Ord. No. 2022-08]
[1]
Mining licensees shall submit a report of the amount of soil, sand
or gravel removed to the Township Clerk each month.
[2]
All mining license fees shall be paid quarterly, based on the amount
of soil, sand or gravel removed during the previous three-month period
as documented by the licensee’s monthly reports to the Township
Clerk.
D.
Standards for approval. The following standards are to be achieved
and maintained in order to receive conditional use approval of a resource
extraction use or activity. Resource extraction operations shall be
approved only if the applicant can demonstrate that the proposed resource
extraction operation:
(1)
Is designed so that no areas of excavation, sedimentation, ponds,
storage areas for equipment or machinery or other structures or facilities,
the stockpiling of materials, or any activity associated with land
mining, with the exception of a twenty-five-foot perimeter accessway
(which shall be at least 50 feet from any property line), is closer
than 75 feet from any property line unless contiguous parcels are
under common ownership or 150 feet from the closest edge of an existing
residence, business, or farm building or 150 feet from the closest
edge of a public right-of-way. Notwithstanding the above, a fence
installed to restrict unauthorized access to the property may be located
within the buffer zone. Said fence, however, shall be located at least
20 feet from the property boundary.
[Amended 12-21-2011 by Ord. No. 2011-09]
(2)
Is to be located on a parcel of land of at least 25 acres.
(3)
Provides that all topsoil that is necessary for restoration will
be stored on the site and will be protected from the wind or water
erosion.
(4)
Is fenced or blocked so as to prevent unauthorized entry into the
resource extraction operation through access roads during nonbusiness
hours.
(5)
Provides ingress and egress to the resource extraction operation
from public roads by way of gravel or porous paved roadways.
(6)
Is designed so that surface runoff will be maintained on the parcel
in a manner that will provide for on-site recharge to groundwater.
(7)
Will not involve excavation greater than 40 feet below the seasonal
high-water table (The elevation of which shall be as established at
the time of approval) and where the restoration plan provides that
the water body created will be used as a water reservoir, as an open
space/recreational amenity, to enhance wildlife habitat, facilitate
groundwater recharge or manage stormwater, and provided the applicant/owner
demonstrates that resource extraction will not occur within 10 feet
of the upper limit of the first confined or semi-confined aquifer.
[Amended 12-21-2011 by Ord. No. 2011-09]
(8)
Will be carried out in accordance with an extraction schedule which
depicts the anticipated sequence, as well as anticipated length of
time that each twenty-five-acre unit of the parcel proposed for extraction
will be worked.
(9)
Will involve restoration of disturbed areas at the completion of the resource extraction operation in accordance with the requirements of § 170-55E, Restoration standards, of this Part 2 and the implementation of the restoration plan. However, the renewal of the annual license shall be withheld until the applicant has demonstrated compliance with the restoration plan. Noncompliance with the restoration shall constitute grounds for immediate termination of all excavation work, subject to the requirements of § 170-55H, Hearings.
E.
Restoration standards. All land used for resource extraction operations
shall be restored as follows:
[Amended 8-3-2005 by Ord. No. 2005-5; 6-21-2006 by Ord. No.
2006-05; 12-21-2011 by Ord. No. 2011-09]
(1)
Restoration will be carried out in accordance with an extraction
schedule which depicts the anticipated sequence, as well as anticipated
length of time that each twenty-acre unit of the parcel proposed for
extraction will be worked. This shall not preclude more than one twenty-acre
unit from being worked at any one time, provided that restoration
is proceeding on previously mined units; and will not involve unreclaimed
clearing exceeding 100 acres or 50% of the area to be mined, whichever
is less.
(2)
Restoration shall proceed in the same sequence and timeframe set out in the extraction schedule required in Subsection E(1).
(3)
All restored areas shall be graded so as to conform to the proposed
contours of the approved restoration plan; the slope of the surface
of the restored surfaces shall not exceed one foot vertical to three
feet horizontal. In addition, if the post-mining use will include
a body of water to be used for public recreation, the following grading
requirements will apply:
(a)
From the shoreline into the water, a slope of 5:1 extending a minimum
of 25 feet.
(b)
From the shoreline landward, a slope of 5:1 extending a minimum of
20 feet to the inner edge of a twenty-foot accessway.
(c)
From the outer edge of the twenty-foot accessway, a minimum slope
of 3:1 to the edge of buffer required around the perimeter work area.
(4)
Topsoil shall be restored in approximately the same quality and quantity
as existed at the time the resource extraction operation was initiated
with the exception of approved water features.
(5)
Drainage flows, including direction and volume, shall be restored,
to the maximum extent practical, to those flows existing at the time
the resource extraction operation was initiated.
(6)
All equipment, machinery and structures, except for structures that
are approved to remain, shall be removed after the resource extraction
operation is terminated and prior to the completion of all restoration.
At such time, the mining permit shall be null and void.
(7)
Restoration shall, to the maximum extent practical, result in the
reestablishment of the vegetation association which existed prior
to the extraction activity, and shall be completed in accordance with
the approved landscape plan:
(a)
Guarantee of performance; release of security; maintenance guarantee;
interest on cash security.
[1]
Upon approval, but prior to the commencement of any soil removal work, the permit holder shall provide a letter of credit, surety bond or other satisfactory guarantee of performance in the amount of $8,000 per acre of disturbed ground on the premises. This requirement shall be in addition to the escrow account required under § 170-55J(1).
[2]
This security shall be released after the requirements of Subsection E(1) through (7), hereinabove, as well as implementation and completion of a lake management plan (if required) are determined by the Township to have been met. Any principal and interest in the surety account shall be released by Township resolution. Thereafter, a maintenance guarantee, in an amount to be determined by the Township Engineer, shall be placed in effect for two years thereafter in the from of a letter of credit, surety bond or other form satisfactory to the Township Committee.
[3]
If any of the foregoing surety is posted in the from of cash
or its equivalent, interest shall be distributed when said interest
accrued reaches $100 with 2/3 of the interest being remitted to the
permit holder and 1/3 being remitted to the Township.
(b)
Upon approval, but prior to the commencement of any soil removal
work, the permit holder shall place $5,000 into a site inspection
escrow account with the Township, which shall be an interest-bearing
account, with the permit holder being required to replenish said account
upon receiving a request to do so from the Township. When interest
accrues to $100, 2/3 of the interest is to be remitted to the permit
holder, and 1/3 is to be remitted to the Township. This account may
be closed and the principal and any interest returned to the permit
holder upon completion, as verified by the Township Engineer, and
upon adoption of a resolution by the Township Committee. The escrow
fees shall be used by the Township professionals for site inspections,
review of materials, preparation of technical reports and calculations
and anything else related to the applicant’s land mining operation.
(c)
Soil importation. Clean soil or clean fill material, from off-site
sources, is allowed to be placed at a Township-licensed soil removal
facility for use in connection with material processing related to
on-site soil removal operations and/or site restoration so long as
the material meets the most stringent New Jersey Department of Environmental
Protection’s unrestricted use standards.
(8)
The
applicant shall be required to demonstrate that a minimum of 75% of
the plantings have been established within two years of the completed
restoration for the areas or units to be restored.
(9)
The
owner/operator shall be required to record the restoration plan with
the Township Clerk. This mechanism will assure the Township that any
subsequent owner/operator at the subject property will comply with
the terms of the restoration plan.
F.
Approvals authorizing resource extraction shall be effective for
a period of five years. Nothing in this section shall be construed
to prohibit any person from securing additional permits, provided
that the requirements of this section are met.
[Amended 12-21-2011 by Ord. No. 2011-09]
G.
Appeals upon denial of permit. An applicant may appeal the denial of his requested permit to the Township Committee for reconsideration and hearing as set forth in § 170-55H, Hearings, set forth hereinafter.
H.
Hearings.
(1)
Request for hearing.
(a)
Upon written request for a hearing made by the applicant to
the Township Committee, an opportunity to be heard shall be granted
within 30 days thereafter. The Township Committee, in considering
and reviewing the application and in arriving at its decision, shall
be guided by and take into consideration the public health, safety
and general welfare and particular consideration shall be given to
the following factors:
[1]
Soil erosion by water and wind.
[2]
Drainage.
[3]
Soil fertility.
[4]
Lateral support slopes and grades of abutting streets and lands.
[5]
Land values and uses.
[6]
Water quality standards that are not in conformance with and
acceptable pursuant to New Jersey Department of Environmental Protection
guidelines.
[7]
Such other factors as may bear upon or relate to the coordinated,
adjusted and harmonious physical development of the Township.
[8]
Restoration plan and continuous compliance with said plan.
(b)
The Township Committee may, where it deems necessary in order to evaluate the aforesaid factors, require the applicant to perform on-site test borings and such other related testing as may be required and to make such modifications of the plan or map to be filed as required pursuant to § 170-55C hereof.
(2)
After examining the application and the map provided for in § 170-55C of this Part 2 and after the hearing, in the event a hearing is requested by the applicant, and if the Township Committee shall be of the opinion that the proposed soil removal will not create conditions inimical to the public health, welfare and safety and will not result in the creating of any sharp declivities, pits or depressions, soil erosion or fertility problems or depressed land values nor create any drainage or sewerage problems or other conditions of danger, permission to remove the soil shall be granted for a period not to exceed five years. Any conditions of approval shall be duly noted in the permit.
[Amended 12-21-2011 by Ord. No. 2011-09]
I.
Conduct of operations.
[Amended 12-21-2011 by Ord. No. 2011-09]
(1)
Grading. If a license to remove the soil shall be issued by the Township,
the owner or person in charge shall so conduct the operations that
there shall be no sharp declivities, pits or depressions and in such
a manner that the area shall be properly leveled off, cleared of debris
and graded to conform to the contour lines, grades and restoration
plans as approved by the Township Committee of the Township of Quinton.
(2)
Appearance. Permitted excavations shall be operated in a neat and
orderly manner, free from junk, trash, trade waste or unnecessary
debris. Buildings shall be maintained in a sound condition, in good
repair and appearance. Weeds and grass shall be cut as frequently
as necessary to eliminate fire and health hazards. Salvageable equipment
in a nonoperating condition shall be suitably stored.
(3)
Control of operations. Permitted excavations shall be operated so
as to reduce dust to a minimum. Unless otherwise specified, operations
shall be conducted in accordance with the following standards:
(4)
Noise. Noise associated with soil removal activities shall comply
with the New Jersey Department of Environmental Protection's Noise
Control Regulations as found in N.J.A.C. 7:29.
(5)
Modification of requirements. If at any time during the excavation
operation groundwater, springs or other water or drainage conditions
are encountered whereby a change in the plan with respect to the proposed
finished grade, drainage facilities or other changes are desired or
necessary in order to not result in conditions adversely affecting
the property or adjoining property owners or Township roads or county
roads or other public facilities, such changes, additions or requirements
as imposed by the Township Engineer shall be complied with, subject
to the concurrence and approval of the Township.
(6)
Screen plantings.
(a)
All mining operations shall maintain a protective buffer zone
which shall consist of a strip of land a minimum of 50 feet in width
along the entire perimeter of the property. The buffer zone shall
remain undisturbed throughout the mining operation, except for the
access driveway, and may be comprised of a combination of materials
as depicted on the approved landscaping plan, including natural vegetation,
supplemental plantings, fencing and earthen berms.
(b)
Where supplemental plantings are proposed to screen adjacent
properties, such plantings shall be maintained at a height of at least
six feet and a width of at least 25 feet along said common property
line. Evergreen trees shall be a minimum of five feet to six feet
in height at time of planting, deciduous trees shall be a minimum
caliper of 2.5 inches when planted.
(c)
The Planning Board, after review of the landscape plan, may
require reasonable screening such as additional plantings, landscaped
berm or fence if deemed necessary to properly screen or buffer the
soil mining operation from surrounding uses.
|
The Township Planner shall approve all items to be installed
or cultivated.
|
(7)
Blasting. Blasting shall not be permitted in conjunction with any
permit issued under this chapter.
(8)
Survey monuments and buffers. The property lines shall be adequately
defined by survey monuments and easily visible markers so that requirements
for keeping the excavation back from property lines can be checked
by visual observation.
(9)
Benchmarks. Benchmarks and reference points as approved by the Township
Engineer shall be established and maintained, indicating existing
grades, so that amount, depth and extent of excavations can be monitored
by the Township Engineer as needed.
(10)
Pooled water. Pooled water shall not be permitted to remain
on the site longer than 48 hours unless it is part of the approved
mining operation, restoration plan, or stormwater management facility.
J.
Escrow account and liability insurance.
(1)
The applicant shall be required to post with the Township Financial
Officer the sum of $5,000 to be held in an interest-bearing escrow
account by the Township for the purpose of guaranteeing appropriate
surety to effect road repairs and to maintain the roadway free from
debris emanating from the site. This provision shall be applicable
to Township roads. Said escrow account shall be maintained during
the term of the soil removal permit and shall be replenished as necessary
to maintain the balance of $5,000. When interest accrues to $100,
2/3 of the interest shall be remitted to the permit holder, and 1/3
shall be remitted to the Township. The account shall be closed and
the principal and any interest returned upon completion of the project,
as verified by the Township Engineer, and upon adoption of a resolution
by the Township Committee.
[Amended 6-21-2006 by Ord. No. 2006-5]
(2)
The applicant shall evidence liability insurance in sums not less
than $500,000/$1,000,000 per accident. Such insurance shall indemnify
the Township from the operations of the applicant. A certificate or
copy of said policy shall be delivered to the Municipal Clerk for
filing. The insurance policy shall name the Township of Quinton as
an additional insured.
[Amended 12-21-2011 by Ord. No. 2011-09]
K.
Additional requirements.
(1)
All drawings of improvements and/or technical information shall be
prepared, signed and sealed by a licensed professional engineer of
the State of New Jersey. All land survey information shall be prepared,
signed and sealed by a licensed professional land surveyor of the
State of New Jersey.
(2)
Subsequent to the issuance of the soil removal permit, the applicant,
prior to the commencing of each soil removal operation in accordance
with the permit, shall be required to submit the following to the
Municipal Engineer for approval:
(a)
An operation schedule which shall set forth the approximate
length and hours of operation and the section of the site to be excavated,
as well as an appropriate schedule of repair and restoration work
(such as grading, seeding and fertilizing) in reference to this operation.
(b)
A highway traffic plan which shall delineate the proposed entrances
and exits and the approximate number and use of personnel to be utilized
for the purpose of highway safety and traffic direction as well as
highway cleanup.
(3)
Without the express written approval of the Township Engineer, no
fertile top layer (topsoil) shall be removed from the site. All such
material shall be appropriately stockpiled for use in restoration
and repair of the site.
(4)
No soil shall be removed which is within five feet of the seasonal high-water table or unless approved pursuant to § 170-55D.
(5)
No permitted operation shall utilize blasting or explosives.
(6)
The top of the natural slope or cuts for any excavation and any mechanical
processing equipment shall be at least 75 feet from any property line,
except for the twenty-five-foot perimeter accessway which shall be
at least 50 feet from any property line.
[Amended 12-21-2011 by Ord. No. 2011-09]
(7)
The area excavated shall be graded and covered with four inches of
topsoil and seeded with perennial grass during the planting season.
If sufficient topsoil is not available from the premises, then a cover
crop as prescribed by the Township Engineer shall be spread on the
premises.
(8)
Buffers.
[Added 12-21-2011 by Ord. No. 2011-09]
(a)
The minimum buffer and setback requirements for resource extraction,
are as follows:
(b)
These buffers are to be maintained in accordance with the landscape
plan, and shall not be used for storage of any materials or equipment,
or occupied by any buildings. Buffers may be traversed by an access
road in accord with a site plan approved by the Planning Board.
(c)
The buffer area shall be designed and constructed to prevent
access, and to provide a means of mitigating off-site impacts. Depending
on the site conditions, the buffer may be comprised of a combination
of existing natural vegetation, supplemental plant materials, fencing
or berms. The buffer landscaping shall be continuous and shall consist
of such natural and man-made materials at a density as will provide
an opaque screen throughout the year. In establishing an appropriate
buffer zone, the Planning Board shall consider the interpretation
and purpose of this section and shall establish an appropriate buffer
zone consistent with the intent and purpose of this section. In no
event shall the minimum buffer area be less than 50 feet from the
property line. Once established, such buffer zone shall be adhered
to and, except for access drives, shall not be invaded for any purpose
by the applicant.
(d)
Water supply buffers.
(9)
Signs shall be maintained at all entrances or exits of the site,
indicating the name, address and phone number of the licensee.
[Added 12-21-2011 by Ord. No. 2011-09]
(10)
Access roads shall comply with the following standards: Access
roads must be a minimum of 30 feet and a maximum of 50 feet in width.
The access road in its approach to the public highway shall be constructed
in accordance with the Standards for Soil Erosion and Sediment Control
in New Jersey, for stabilized construction entrances.
[Added 12-21-2011 by Ord. No. 2011-09]
L.
Time period for compliance.
(1)
All persons presently conducting soil removal or soil excavating
operations shall conform to the standards and requirements set forth
herein within six months from the adoption of this section.
(2)
The Township Committee may extend the period of time for compliance
with these requirements for additional periods of up to six months
upon proper application for and good cause shown.
M.
Inspections. The permittee shall permit inspection of the premises
during hours of normal operation by the Mayor, members of the Township
Committee, Township Engineer or by such designated Township officials
as the Mayor or Township Committee may lawfully authorize to inspect
and report thereon to the Mayor administratively or to the Township
Committee legislatively, so long as the inspector checks in with the
operations manager and agrees to abide by all safety rules and regulations
prior to entering the premises.
[Amended 12-21-2011 by Ord. No. 2011-09]
N.
Soil removal permits shall be transferable from an existing soil
removal operator to a new soil removal operator. Such transfer shall
occur, and a replacement soil removal permit issued naming the new
soil removal operator, only after the Township Committee receives
notice of the transfer, along with the new soil operator submitting
evidence of liability insurance, restoration bonds, escrow deposits
and all other fees, escrows and securities required by this chapter
and to the satisfaction of the Township. The new soil operator shall
also submit an affidavit acknowledging responsibility for compliance
with the conditions of the Township-issued soil removal license.
[Amended 12-21-2011 by Ord. No. 2011-09]
O.
Existing operations. In addition to the other applicable provisions
of this section, all existing land mining operations shall be subject
to the following requirements:
(1)
Only those lots identified on the land mining license may be utilized
for continued mining activities.
(2)
No resubdivision or subdivision of land intended to enlarge the area
available for mining activities shall be permitted. The only exception
would be to permit the regrading and restoration of an adjacent lot(s),
such regrading or restoration having been made necessary by the existing
mining operation and approved as part of the restoration plan.
(3)
No storage, stockpiling or landfilling of any type of waste or other
materials shall be permitted.
P.
Hours of operation. No person shall conduct any soil removal or trucking
activities Monday through Saturday between the hours of 5:30 p.m.
and 7:00 a.m. No such activity shall be permitted at any time on Sunday.
This section shall not be deemed to expand any hours of operation
which might otherwise be limited by an approval of the Quinton Township
Planning Board at the time of issuance of a variance to conduct soil
removal in a zone not otherwise permitting such use.
Q.
Revocation of permit. Upon 10 days' written notice and an opportunity
to be heard before the Committee, the permit of any person may be
revoked or suspended for such time or period as the Committee may
determine for any violation of the terms hereof or the terms and conditions
of any permit granted or issued hereunder. Written notices shall be
given at the address set forth in the original application or amendments
subsequently filed with the Township. The Township may also revoke
the permit of any individual or corporation found to be in violation
of any state or federal regulation or statute.
R.
Violations and penalties. Any person, firm or corporation violating
any of the provision of this section shall be subject to a fine not
exceeding $2,000 or imprisonment in the county jail for a term not
exceeding 90 days, or both, in the discretion of the Municipal Court
before whom such conviction shall be had. Each and every violation
or nonconformance with this section or each day that any provision
of this section shall have been violated shall be construed as a separate
and distinct violation thereof.
S.
Termination of operations.
[Added 12-21-2011 by Ord. No. 2011-09]
(1)
The
owner of the mined premises shall notify the Township Engineer in
writing within 30 days of the termination of all mining operations.
(2)
At
such time, an as-built plan shall be provided.
(3)
Upon
written request by the Township Engineer, the owner of the mined premises
shall file a statement under oath with the Township Clerk stating
that the mining operation of the premises has been terminated. In
the event same is not filed within 30 days after delivery of said
request pursuant to this section, the mining operation of said premises
shall henceforth be deemed terminated. The said written request may
be hand delivered or mailed, certified mail, return receipt requested,
to any of the following addresses: the actual address of the owner
of the premises, the address appearing on the most recent information
submitted to the Township Clerk or to the registered agent if the
owner is a corporation.
A.
Intent. It has been determined that there is a need for housing located
and designed to meet the special needs and habits of older people.
The planned adult community (PAC) will tend to contribute to the dignity,
independence and meaningful activity of elderly people. Furthermore,
it is recognized that housing for senior citizens, if not properly
located, constructed and maintained, may be detrimental to the general
welfare, health and safety of residents and the Township at large.
It is also deemed essential that the Township safeguard against the
deterioration of such housing.
B.
ACCESSORY USES/STRUCTURES
DWELLING UNIT
LICENSE
MANUFACTURED HOME
(1)
(2)
(3)
(4)
MINIMUM GROSS FLOOR AREA
OFF-SITE CONSTRUCTION OF A MANUFACTURED HOME OR SECTION THEREOF
ON-SITE JOINING OF SECTIONS OF A MANUFACTURED HOME
PERMANENT FOUNDATION
RUNNERS
PLANNED ADULT COMMUNITY (PAC)
(1)
(a)
(b)
(c)
(d)
(e)
(f)
(2)
Definitions. As used in this section, the following
terms shall have the meanings indicated:
A planned adult community may include the following as accessory
uses or structures; indoor and outdoor recreational facilities; stores,
shops and offices for the sale of goods or rendering of services only
for residents or visitors of the development; sales offices; and storage
buildings.
Any permanent building or portion thereof designed or used
exclusively as the residence or sleeping place of one or more persons.
A "dwelling unit" may include, but is not necessarily limited to,
manufactured homes as defined below.
Any person licensed to operate and maintain a planned adult
community under the provisions of this chapter.
A housing unit which:
Consists of one or more transportable sections which are substantially
constructed off-site and, if more than one section, are joined together
on site.
Is built on a permanent chassis.
Is designed to be used, when connected to utilities, as a dwelling
on permanent foundation.
[Amended 10-6-1993 by Ord. No. 1993-6]
Is manufactured in accordance with standards promulgated for
a manufactured home pursuant to the National Manufactured Housing
Construction and Safety Standards Act of 1974, and the standards promulgated
for a manufactured or dwelling pursuant to the State Uniform Construction
Code Act.[1]
A single unit manufactured home shall be a minimum of 14
feet by 60 feet or 840 square feet, and two or more units shall be
a minimum of 960 square feet.
[Amended 10-6-1993 by Ord. No. 1993-6]
The construction of that home or section at a location other
than the location at which the home is to be installed.
The joining of those sections at the location at which the
home is to be installed.
A system of support installed either partially or entirely
below grade, which is:
A system of support consisting of poured concrete strips
running the length of the chassis of a manufactured home under the
lengthwise walls of that home.
A parcel of land, or two or more parcels of land, containing
no fewer than 10 sites equipped for the installation of manufactured
homes, where these sites are under common ownership and control for
the purpose of leasing each site to the owner of a manufactured home
for the installation thereof, and where the owner or owners provide
services, which are provided by the municipality in which the planned
adult community is located for property owners outside the planned
adult community, which services may include but shall not be limited
to:
The construction and maintenance of streets.
The design, construction and maintenance of recreation or community
facilities and areas.
Lighting of streets and other common areas.
Garbage removal.
Snow removal.
Provisions for the drainage of surface water from home sites
and common areas.
Such community shall be age-restricted to accommodate persons
of the age of 55 years or older or such other persons as may be permitted
according to the provisions of this chapter hereafter set forth.
[1]
Editor's Note: See N.J.S.A. 52:27D-119 et seq.
B .
License required. It shall be unlawful for any person
to maintain or operate a planned adult community within the Township
of Quinton unless such person shall obtain a license therefor.
C.
The Township shall issue only one license for the operation of a
"planned adult community."
[Amended 8-25-1992 by Ord. No. 1992-7]
D.
License fees. The annual license fees for each planned adult community
shall be $500. The annual license fee shall be paid to the Township
Clerk no later than March 15 of each and every year.
E.
Not more than 20% of the dwelling units in any planned adult community
may be owned by the owner/operator.
F.
Municipal service fee.
(1)
The Township shall impose an annual municipal service fee on all
manufactured homes within a planned adult community pursuant to N.J.S.A.
54:4-1.6.
(2)
In setting this fee, the Township shall take into account the extent
to which the taxes assessed and levied pursuant to Title 54 of the
Revised Statutes against the land and improvements, which together
constitute the planned adult community in which the homes are installed,
defray the costs of services provided, or paid for, by the municipality
for residents of the planned adult community.
G.
Escrow deposit for utility bills.
(1)
In addition to the annual license fee required by Subsection D of this section, there shall be paid to the Township of Quinton by each planned adult community the sum of $500. Said amount shall be paid within 30 days of the effective date of this section. Such payment shall be a one-time payment and shall be considered as a part of the license fee authorized to be imposed for revenue by N.J.S.A. 40:52-2.
(2)
The purpose of said payment shall be to guarantee the up-to-date
payment of all bills for public utilities essential to the continued
operation of the planned adult community and to protect the welfare
of the inhabitants thereof by providing a means for the payment of
delinquent utility bills.
(3)
In the event of nonpayment of a bill or bills and a threatened discontinuance
of public utility services essential to the continued operation of
any planned adult community, the Township Committee may, by resolution,
authorize the payment from such funds on deposit of the amount of
the unpaid bill or bills, up to the amount of $500. In such event,
the planned adult community shall immediately reimburse the Township
for the amount paid, and a failure to do so shall be a violation of
this chapter and shall be a sufficient cause for the revocation of
the license issued pursuant to this chapter.
H.
Application for license.
(1)
Application for a planned adult community license shall be filed
with the Township Clerk, and such license shall be issued by the Township
Clerk after having received approval from the Township Committee.
The application shall be in writing, signed by the applicant, and
shall include the following:
(a)
The name and address of the applicant.
(b)
The location and legal description of the planned adult community.
(c)
A complete plan of the park in conformity with the requirements
of this chapter.
(d)
Plans and specifications of all buildings, improvements and
facilities constructed or to be constructed within the planned adult
community.
(e)
Such further information as may be requested by the Township
Clerk.
(2)
The applicant shall submit appropriate plans and specifications to
the Salem County Health Department as are in accordance with the rules
and regulations of that agency. Before any license hereunder shall
be issued, the applicant must secure the approval of said Salem County
Health Department and any other applicable local or state agencies.
This approval will include the obtaining of appropriate guaranties
by way of bonding that the proposed sewerage facilities will be built
in accordance with approved plans and specifications.
(3)
The Township Committee shall investigate the applicant and inspect the application and proposed plans and specifications. The Township Committee shall be the sole issuing authority under this section. If the applicant is of good moral character and the proposed planned adult community will, when constructed or altered in accordance with such plans and specifications, be in accordance with all the provisions of this section, this Part 2 and all other applicable ordinances, the Township Committee shall authorize the Township Clerk to approve the application. Upon completion, or posting of a performance bond to guarantee the completion, of the first section of the development in compliance with the following schedule, the Township Committee shall authorize the Township Clerk to issue the license to operate:
(a)
First section. Upon completion, or posting of a performance
bond to guarantee the completion, of all walkways, curbing, streets,
lighting, recreation and water supply and sewage and refuse disposal
systems to accommodate the first section, it shall be deemed completed.
(b)
Second section. Upon completion, or posting of a performance
bond to guarantee the completion, of all walkways, curbing, streets,
lighting, recreation and water supply and sewage and refuse disposal
systems to accommodate the additional dwellings, the second section
shall be deemed completed. The licensee shall not begin construction
or operation of the third section or any subsequent sections until
the recreational and sanitation facilities are completed according
to the provisions of this chapter.
(c)
Third section and subsequent sections. The licensee must complete construction of all improvements set forth in Subsection H(3)(a) above to accommodate the dwellings in that section before he will be permitted to begin construction and use of any subsequent section. All subsequent sections shall consist of plots and improvements to accommodate all dwelling units in that section.
(d)
Any approval of plans and applications for license issued hereunder shall be subject to automatic revocation in the event the applicant to whom the approval is granted shall fail to commence construction of the development for which the license is applied for within one year from date of the granting of the approval of license. No license for the construction of a new planned adult community shall be deemed granted approval until site plan approval is granted as set forth in Part 3, Site Plans, and Part 4, Subdivision, of this chapter.
I.
Planned adult community: conditional use. The planned adult community
shall be permitted only if it complies with the following conditions
and standards:
(1)
The development shall be located on a well-drained site, properly
graded to ensure rapid drainage and freedom from stagnant pools of
water.
(2)
Residential lots shall be provided at a maximum density of four dwelling
units for each acre of ground within the planned adult community.
(3)
Dwelling units shall be so located on each lot that there shall be
at least a twenty-five-foot clearance between dwellings; provided,
however, that with respect to dwellings situated end-to-end, the end-to-end
clearance shall not be less than 20 feet. No dwelling shall be located
closer than 50 feet from any building within the community or from
any property line boundary of the community; and no dwelling or building
shall be located within 75 feet of an existing street or public right-of-way.
(5)
Walkways not less than four feet wide shall be provided on both sides
of all streets to permit pedestrian access from the individual lots
to community buildings, recreation areas, etc.
(6)
All driveways and walkways within the development shall be constructed
in accordance with the applicable improvement standards in this chapter.
(7)
Community water and sewerage systems shall be provided to all individual
home sites and shall be in compliance with all applicable requirements
of the Salem County Health Department and/or New Jersey Department
of Environmental Protection, unless it can be demonstrated that individual
on-site water supply and septic systems are adequate and appropriate.
(8)
All utilities, including but not limited to electric and telephone
lines, shall be placed underground in accordance with rules and procedures
established by the appropriate utility.
(9)
The planned adult community shall be surrounded by buffers measuring
not less than 50 feet in depth on the front and not less than 25 feet
in depth on the sides and rear between the home sites and adjoining
property lines. The buffers must be sufficiently landscaped or fenced
so as to effectively screen the planned adult community from surrounding
properties.
(10)
Not less than 10% of the total area of the development, exclusive
of buffers, wetlands and road rights-of-way, shall be devoted to accessible
open space and recreation areas. At least 50% of the recreational
or open space land shall be of a character suitable for active recreation
or community facilities as determined by the Township.
(a)
Recreation areas shall contain a clubhouse or community center
and a recreational area for outdoor games and activities, such as
shuffleboard, horseshoes, putting greens, swimming pools, tennis courts,
etc.
(b)
The clubhouse or community center shall have a floor area of
not less than 25 square feet for each residential lot and should contain
adequate kitchen, restroom and storage facilities therein.
(c)
Any such recreational facilities shall be made available by
the owner or operator of the planned adult community at all times
to any resident or group of residents of the development for any lawful
purpose, including, but not limited to, entertainment, recreational
programs or meetings of any groups or organizations made up solely
of residents of the development or guests of residents so engaged
for representation or information purposes.
(11)
Interior access roads shall be at least 50 feet in width, with
a paved surface between 28 and 34 feet in width, and improved in accordance
with the applicable specifications of this chapter.
(12)
All access roads, parking areas and walkways within the development
shall be illuminated at night so that the roads, parking areas and
walkways are clearly visible.
(13)
The owner or operator of a planned adult community shall be
responsible for providing refuse collection, recycling and maintenance
of all roadways, driveways, sidewalks, recreation areas, community
buildings and other site improvements unless accepted by the Township.
(14)
All applications for a planned adult community shall include
a landscape plan which takes into consideration the relationship of
individual lots to one another, the proposed use of open space, the
relationship of the planned adult community to surrounding property
and a specific planting scheme. The plan must include a permanent
landscape maintenance program and be prepared by a licensed landscape
architect.
(15)
Storage buildings shall be limited to 99 square feet in floor
area, limited to one per residential lot and must comply with all
setback requirements.
(16)
Off-street parking should be provided without interference of
normal traffic movement. At least two off-street parking spaces shall
be provided within the boundaries of each residential lot. Common
parking areas may be designed as part of a private street, such space
shall have a minimum length of 20 feet. The width of such space should
be in addition to the required paved private street.
(17)
The planned adult community shall set aside a fenced, lighted
and secure parking area for residential vehicles such as campers,
trailers, boats and the like. In no case shall these types of vehicles
be permitted to park on individual lots.
(18)
Guest parking shall be provided at the ratio of one space per
four dwelling units.
(19)
Affordable housing obligation.
(a)
All development applications for a planned adult community shall
be applications for a conditional use and shall be permitted only
upon a showing that such use will comply with the following standards:
[1]
A minimum of 10% of the dwelling units in the proposed development
shall be constructed, financed and marketed in such a manner that
they shall be economically feasible and remain economically feasible
for persons and families in the low-income range.
[2]
A minimum of 10% of all dwelling units in the proposed development
shall be constructed, financed and marketed in such a manner that
they shall be economically feasible and remain economically feasible
for persons and families within the moderate-income range.
[3]
The distribution of dwelling unit sizes shall be consistent
with income levels and age levels anticipated for the development
based on a current regional demographic market analysis.
[4]
The development shall be timed and phased to ensure that during
the period of construction no less than the mandatory minimum percentage
of low- and moderate-income dwelling units is completed at any time.
[5]
When a developer is required to pay for a pro rata share of
improvements, services, etc., they will be assessed based on the market
units being developed and not on the low- or moderate-income units.
[6]
To encourage the development of low- and moderate-income housing,
the Planning Board may grant bulk variances and/or design waivers
as necessary to assist in adjusting the site plan configuration, thereby
allowing the placement of disbursed low- and moderate-income housing
within the limits of any specific project.
[7]
The developer shall deed-restrict all low- and moderate-income
units for a period of 30 years and provide copies of the proposed
deed restrictions as part of the site plan review process.
(b)
Application and interpretation of inclusionary standards.
[1]
The basic purpose of the mandatory inclusionary provisions of
this section is to increase the supply of low- and moderate-income
housing and to ensure its dispersal throughout appropriate areas of
Quinton Township. These provisions may be complied with through approved
rent subsidy and/or housing-purchase plans of state or federal agencies,
either directly or channeled through public nonprofit or limited-profit
sponsorship, or through public, private or internal subsidies.
[2]
Ensuring that inclusionary housing will remain economically
feasible.
[a]
Rent subsidies. Applicants with guaranteed rental
subsidies of 20 years or more or who have entered into a contract
with a nonprofit, limited-profit or governmental sponsor, who has
obtained such subsidies shall be deemed to have adequately shown that
such housing will remain economically feasible to persons within the
income range specified in the subsidy.
[b]
Housing purchase plans and internal subsidies.
Applicants using federal or state purchase subsidies or internal subsidies
to bring onto the market the required low- and moderate-income housing
shall be required to market these units to ensure that they will remain
economically feasible, upon resale, to persons within the applicable
income range so that the established income mix will be maintained.
Such applicants shall be required to enter into disposition agreement,
in the form of covenants running with the land, to control the resale
price of for-sale units, or to employ other legal mechanisms which
may be approved by the Township Attorney and will, in his opinion,
ensure that such housing will remain economically feasible to persons
within the designated income range. The Planning Board may also require,
in the case of internal rent subsidies, that the development be legally
structured so as to ensure that the required inclusionary housing
remain available on the housing market to persons of low and moderate
incomes, regardless of the financial condition of the development.
[3]
Coordinating inclusionary provisions with federal and state
subsidy programs. The Planning Board may, provided that the minimum
mandatory inclusionary provisions of this section are met, award a
density bonus of not more than 15% in order to assist the applicant
in obtaining federal and/or state subsidy programs.
[4]
Assistance in obtaining federal and state subsidies. The Township
Administrator is authorized to assist developers seeking external
subsidies.
(c)
Phased development requirements. Developers of Mount Laurel
housing shall demonstrate to the Planning Board that their development
shall be phased to ensure that during the period of construction,
no less than the mandatory minimum percentage of Mount Laurel units
are completed during successive stages of development in accordance
with a schedule approved by the Planning Board.
(d)
Number of bedrooms. The average number of bedrooms proposed
for the Mount Laurel units shall generally reflect the average number
of bedrooms per dwelling unit for the planned adult community as a
whole.
(e)
Units developed under the Mount Laurel guidelines shall have
an exterior architectural design and finish compatible with the surrounding
market rate units.
(f)
Methods of providing Mount Laurel housing. As a means of providing
their required Mount Laurel housing obligation, applicants may utilize
one of the following options:
[1]
Nonsubsidized housing. In an effort to satisfy all or part of
the Mount Laurel housing requirement, the applicant shall, prior to
preliminary plan approval, provide a clear demonstration, in writing,
that the proposal will benefit the same number of families at the
same income levels and for the same rentals or prices which the Mount
Laurel units are intended to ensure.
[2]
Government subsidies.
[a]
In order to provide Mount Laurel housing units,
the applicant shall propose to sell land and sell and/or lease dwelling
units to a nonprofit development corporation or limited development
corporation; or provide evidence of a rent subsidy, subsidized long-term
mortgage or other plan to provide Mount Laurel dwelling units.
[b]
The proposed Mount Laurel housing units shall conform
to the guidelines established by the United States Department of Housing
and Urban Development and/or the New Jersey Housing Mortgage Finance
Agency with respect to cost limitations, construction, rentals, selling
prices and other standards for Mount Laurel housing development. All
applicants are deemed to have local official approval to participate
in federal and state rent- and mortgage-supplement programs.
[3]
On-site and off-site construction. In an effort to satisfy all
or part of the Mount Laurel housing requirements, one or both of the
following construction options may be utilized:
[4]
Other methods.
[a]
If it can be demonstrated that compliance with
the affordable housing policy cannot be achieved by on-site development
of housing, or that the objectives of the policy could be better fulfilled
in another way, the requirement may also be met by a contribution
which is dedicated to a specific project to be conducted by an appropriate
agency, entity, authority or organization of state, county or Township
government or a nonprofit organization to be used for the construction
or rehabilitation of housing units elsewhere in the municipality.
A plan and time schedule showing how affordable housing will be provided
with these funds must also be produced prior to the issuance of a
building permit.
[b]
The appropriate contribution shall be based upon
the number of units built and the selling or mental prices of the
units. The following formula shall be used to determine the contribution:
|
Contribution
|
=
|
(2% of average purchase price) x (Total number of units in the
entire project)
|
J.
Area, lot dimension and bulk requirements.
(1)
The minimum tract size required for a planned adult community is
50 acres. The minimum required area shall include only lands adjacent
to each other under single or combined ownership and located within
the P-BR District.
(2)
The minimum tract frontage required for development of a planned
adult community is 250 feet.
K.
Compliance with minimum requirements. Every planned adult community
licensed under the provisions of this chapter and every licensee,
owner, operator or manager of such a development shall comply with
the minimum requirements of each and every state, county and municipal
law, code, ordinance and regulation applicable to the ownership, occupancy
and operation of said planned adult community. Every licensee, owner,
operator or manager of a planned adult community licensed under the
provisions of this chapter shall maintain the same facilities and
the same standards of service, maintenance and equipment in the planned
adult community as was provided from the time the planned adult community
commenced operation or as is or was required by law, ordinance or
regulation or by lease at the date the lease was entered into.
L.
Occupancy. The occupancy of any planned adult community shall be
limited to persons who are 55 years of age or over, with the following
exceptions:
(1)
A husband or wife under the age of 55 years who is residing with
his or her spouse who is of the age of 55 years or over.
(2)
Adults under 55 years of age if it is established that the presence
of such persons is essential for the physical care or economic care
of other occupants of the age of 55 years or older.
(3)
Adults under 55 years of age who, because of physical or mental disability,
are dependent upon and are under the supervision and care of the occupant
or occupants of the age of 55 years or older, where it is established
that it is essential that such individuals reside with the occupant
or occupants.
(4)
The age requirements set forth hereinabove are applicable not only
to occupants and residents of the planned adult community, but are
applicable in all respects to all resident managers, maintenance staff
and other employees of the community.
(5)
Children are permitted within the park; however, they shall not establish
residency which would permit their enrollment in any public or private
school system.
M.
Certificates of occupancy; inspection.
(1)
Certificates of occupancy.
(a)
No dwelling unit located in a planned adult community, whether
such unit be occupied by the vendee, tenant or lessee, as the case
may be, shall be occupied until a certificate of occupancy has been
secured from the Building Inspector of the Township of Quinton certifying
that said dwelling unit complies with all applicable state laws and
regulations, as well as with all applicable provisions of the Quinton
Code.
(b)
Application shall be made to the Construction Code Official,
on a form to be provided, for a certificate of occupancy. Inspections
shall be made by the Construction Code Official or his designee. A
fee of $5 shall accompany such application. A certificate of occupancy
shall be issued if the dwelling complies with all applicable laws,
regulations and ordinances; otherwise, the owner shall be notified
in writing of any violations found. The inspections shall be made,
and either a certificate of occupancy or a notice of violation issued,
within seven days from the date of application.
(c)
At the time of application for the issuance of a certificate
of occupancy under this section, there shall be submitted with the
application a statement signed and sworn to by both the planned adult
community owner and by any prospective tenants of the dwelling which
shall be the subject of the issuance of the certificate of occupancy,
certifying that the prospective tenants and occupants of said dwelling
are in compliance with the age requirements set forth in this chapter.
In the event that such certification does not accompany the application,
the application for a certificate of occupancy shall be incomplete,
and the application for such certificate of occupancy shall be denied.
(2)
Inspection. No dwelling shall be occupied in any planned adult community
until an inspection is made by the Building Inspector of the Township
certifying that said dwelling is properly located upon and supported
by a foundation, concrete pier or platform of sufficient size and
width as indicated above and that said dwelling is occupiable in accordance
with any applicable laws, ordinances or regulations.
(3)
The holder of the license shall cause all facilities to be maintained
in good operating order and shall cause all roads and streets within
the development to be plowed and sanded when conditions so require.
Failure to comply with such requirements within the jurisdiction of
such persons shall constitute a violation of this chapter. Further,
it shall be the duty of the Township to inspect all planned adult
communities. A copy of the inspection report(s) shall be filed with
the Township Committee prior to the Committee's review and decision
upon granting license to operate or granting a renewal of such license.
N.
Register of occupants; enforcement of age restrictions.
(1)
It shall be the duty of each licensee to keep a current register
containing a record of all home owners and occupants located within
the community. The register shall contain the following information:
(2)
The licensee shall keep the register available at the development
for inspection at all times by law enforcement officers, public health
officials, the Township Clerk, the Code Enforcement Officer and other
officials whose duties necessitate acquisition of the information
contained in the register.
(3)
It shall be the duty and obligation of each licensee to enforce the
age requirements set forth in this chapter. In the event that an occupant
or occupants of a dwelling unit located in a planned adult community
licensed under this chapter are in violation of the age restrictions
set forth herein, it shall be the duty and obligation of the licensee
to take such action as may be necessary to abate the violation, including
but not limited to dispossession actions, eviction proceedings or
actions for possession of land.
O.
Roadways.
(1)
Roads, where provided, shall be designed so as to permit convenient
and safe movement of traffic and unobstructed access to a public street
or highway. All roads shall be provided with a smooth, hard, dense
and dust-free surface which shall be durable and well-drained under
normal use and weather conditions. Road surfaces shall be maintained
free of holes and free of snow and ice, and any such accumulation
of snow or ice shall be removed within a minimum of 24 hours after
termination of the precipitation which caused the snow or ice to accumulate.
(2)
No street, roadway or driveway located in a planned adult community
shall have a name which will duplicate or so nearly duplicate as to
be confused with the names of any other existing streets, roadways
or driveways, public or private, located within the Township of Quinton.
All such street names shall be subject to approval of the Township
Committee.
P.
Posting of license. The license certificate shall be conspicuously
posted in the office of or on the premises of the community at all
times.
Q.
Advertising. No owner, operator or manager of a planned adult community
licensed under this chapter or to which this chapter applies shall
publicly advertise such a development by any designation other than
as a planned adult community.
R.
Revocation of license. The Township Clerk may revoke any license
to maintain and operate a planned adult community when the licensee
has been found guilty by a court of competent jurisdiction of violating
any provision of this chapter. After such conviction, the license
may be reissued if the circumstances leading to conviction have been
remedied and the development is being maintained and operated in full
compliance with law.
S.
Violations and penalties. Any person violating this section shall
be fined not more than $500 or imprisoned for a term not to exceed
90 days, or both, for each offense.
A.
MANUFACTURED HOME
(1)
(2)
(3)
(4)
MOBILE HOME PARK
(1)
(2)
NONPERMANENT FOUNDATION
OFF-SITE CONSTRUCTION OF A MANUFACTURED HOME
ON-SITE JOINING OF SECTIONS OF A MANUFACTURED HOME
PERMANENT FOUNDATION
RUNNERS
TRAILER
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A housing unit which:
Consists of one or more transportable sections which are substantially
constructed off-site and, if more than one section, are joined together
on site.
Is built on a permanent chassis.
Is designed to be used, when connected to utilities, as a dwelling
on permanent or nonpermanent foundation.
Is manufactured in accordance with standards promulgated for
a manufactured home pursuant to the National Manufactured Housing
Construction and Safety Standards Act of 1974, and the standards promulgated
for a manufactured or mobile home pursuant to the State Uniform Construction
Code Act.[1]
A parcel of land, or two or more parcels of land, containing
no fewer than 10 sites equipped for the installation of manufactured
homes, where these sites are under common ownership and control for
the purpose of leasing each site to the owner of a manufactured home
for the installation thereof, and where the owner or owners provide
services, which are provided by the municipality in which the park
is located for property owners outside the park, which services may
include but shall not be limited to:
A parcel, or any contiguous parcel, of land which contains,
on the effective date of this act, no fewer than three sites equipped
for the installation of manufactured homes, and which otherwise conforms
to the provisions of this definition, shall qualify as a "mobile home
park" for the purposes of this section.
Any foundation consisting of nonmortared blocks, twenty-four-inch-by-twenty-four-inch
concrete slab, or any combination thereof, or any other system approved
by the Construction Code Official for the installation and anchorage
of a manufactured home on other than a permanent foundation.
The construction of that home or section at a location other
than the location at which the home is to be installed.
The joining of those sections at the location at which the
home is to be installed.
A system of support installed either partially or entirely
below grade, which is:
A system of support consisting of poured concrete strips
running the length of the chassis of a manufactured home under the
lengthwise walls of that home.
A recreational vehicle, travel trailer, camper or other transportable,
temporary dwelling unit, with or without its own motor power, designed
and constructed for travel and recreational purposes, to be installed
on a nonpermanent foundation if installation is required.
[1]
Editor's Note: See N.J.S.A. 52:27D-119 et seq.
B.
Mobile home parks. The following specifications shall apply to all
mobile home parks:
(1)
Community water and sewerage systems shall be provided to all individual
mobile homes sites and shall be in compliance with all requirements
of the Salem County Health Department unless it can be demonstrated,
to the satisfaction of the Township, that on-site water supply and
septic systems are adequate.
(2)
All utilities, including but not limited to electric and telephone
lines, shall be placed underground in accordance with rules and procedures
established by the appropriate utility.
(3)
Mobile home parks shall be surrounded by buffers measuring not less
than 50 feet in depth on the front and not less than 25 feet in depth
on the sides and rear between the mobile home sites and adjoining
property lines. The buffers must be sufficiently landscaped or fenced
so as to effectively screen the park from surrounding properties.
(4)
Not less than 10% of the total area of a mobile home park, exclusive
of buffers and road rights-of-way, shall be devoted to accessible
open space and recreation areas. At least 50% of the recreational
or open space land shall be of a character suitable for active recreation,
such as playgrounds or ball fields.
(5)
Interior access roads shall be at least 50 feet in width, with a
paved surface at least 24 feet in width, and improved in accordance
with the specifications of the Township Engineer.
(6)
All access roads, parking areas and walkways within the park shall
be illuminated at night so that the roads, parking areas and walkways
are clearly visible.
(7)
The owner or operator of a mobile home park shall be responsible
for providing adequate refuse collection facilities and maintenance
of all roadways, driveways, sidewalks and other site improvements
unless accepted by the Township.
(8)
All applications for a mobile home park shall include a landscape
plan which takes into consideration the relationship of individual
sites to one another, the proposed use of open space, the relationship
of the park to surrounding property and a specific planting scheme.
The plan must include a permanent landscape maintenance program and
be prepared by a licensed landscape architect. The specific design
of all mobile home parks shall be subject to the all appropriate design
and improvement standards contained in this chapter.
(9)
Minimum lot size. The minimum permitted lot sizes in a mobile home
park are as follows:
C.
Additional requirements and specifications for mobile home parks.
(1)
Minimum total required area for a mobile home park shall be 10 acres.
(2)
All enlargements of or extensions to any existing mobile home park
shall meet all requirements of this section.
(3)
No individual mobile home site or lot shall be designed for direct
access to either a Township, county or state road.
(4)
Recreational vehicles shall not be occupied as living quarters.
(5)
Retail mobile home sales shall not be permitted; however, mobile
homes may be sold on the lots they occupy in residential use.
(6)
Outdoor storage areas, including those for recreational vehicles,
shall be designed, improved and located so as to protect adjoining
uses from adverse visual or other effects; shall occupy not more than
5% of the area; and shall be used only by occupants of the mobile
home park or subdivision.
(7)
Each mobile home shall have a gross floor area, excluding the hitch
and any other additions not a part of the original main structure
unit, of at least 600 square feet.
D.
Mobile homes for emergency housing. If an occupied dwelling, in any
zoning district, is damaged or destroyed by fire, flood or any other
sudden catastrophe to a degree so as to make it unsafe or unhealthy
for human occupancy, the Zoning Administrator may issue a zoning certificate
and/or building permit for the placement of a mobile home on the premises
for the purpose of providing emergency housing for the displaced occupants,
provided that the mobile home shall:
(1)
Meet all of the additional requirements and standards for mobile homes as specified in Subsection G, Mobile home standards.
(2)
Be removed from the premises when the damaged dwelling is habitable
or within six months, whichever comes first, unless the Zoning Administrator
shall grant a special use exception to extend the time limit to a
total of not more than 12 months.
E.
Temporary mobile homes. Mobile homes for use as temporary dwellings
or offices shall be permitted in any zoning district, provided that
all of the following conditions are met:
(2)
For any mobile home to be used as a temporary dwelling:
(a)
The mobile home shall be occupied by the owner(s) of the property
or a security guard.
(b)
The mobile home shall meet all of the additional requirements and standards as specified in Subsection G, Mobile home standards.
(c)
The Zoning Administrator shall grant a special use exception
for the placement of the temporary mobile home, which mobile home
shall be removed from the premises within six months, unless the Zoning
Administrator grants an extension for a total of not more than 12
months.
(3)
For any mobile home to be used as a temporary office:
(a)
The mobile home shall be in compliance with the County Health
Department's requirements as to water supply and sewage disposal,
if sanitary facilities are located within the mobile homes.
(b)
The mobile home shall be removed within 30 days following completion
or abandonment or when the building permit expires or is revoked,
or in 24 months from the date of placement, whichever comes first.
(c)
The Zoning Administrator shall issue a zoning certificate and/or
building permit.
F.
Multisection mobile homes on individual lots. A multisection mobile
home shall also be permitted on any lot approved for a single-family
dwelling, provided that all of the following conditions are met:
(1)
The minimum width of the main structure unit of the mobile home,
as originally manufactured for occupancy, shall be equal to or greater
then 24 feet for a continuous distance of at least 40 feet.
(2)
The mobile home shall have a gross floor area, excluding the hitch
and any other additions not a part of the original main structure
unit, of at least 960 square feet.
(3)
The mobile home shall meet all of the additional requirements and standards for mobile homes as specified in Subsection G, Mobile home standards.
(4)
The placement of the mobile home shall comply with minimum required
setbacks and any other provisions of this chapter in the same manner
as for a single-family dwelling.
G.
Mobile home standards. Where required in this chapter, the following
mobile home standards and requirements shall apply:
(1)
It shall be certified and labeled as meeting the Mobile Home construction
and Safety Standards of the United States Department of Housing and
Urban Development.
(2)
It shall be erected, fully enclosed and finished in conformance with
guidelines approved by the Zoning Administrator. The unit must have
a skirting placed around the base so as to provide an adequate screen.
(3)
It shall employ an approved anchoring system which has been certified
and labeled as meeting the standards of the "Mobile Home Construction
and Safety Standards.
(4)
The foundation and anchoring system shall be designed by a licensed
professional engineer or registered architect in accordance with the
provisions of all applicable federal standards and the Uniform Construction
Code (N.J.A.C. 5:23-2.5).
(5)
It shall be in compliance with all applicable County Health Department
and New Jersey Department of Environmental Protection requirements
as to water supply and sanitary sewage disposal.
(6)
No mobile home shall be used for storage purposes only.
(7)
A construction permit is required for all of the following activities:
[Added 3-5-2003 by Ord. No. 2003-3]
A.
Purposes. The purposes of this section are to: (1) Maintain the quality
streams and improve the currently impaired streams of the watershed.
(2) Protect significant ecological components of stream corridors
such as wetlands, floodplains, woodlands, steep slopes and wildlife
and plant habitats within the stream corridors of the watershed. (3)
Prevent flood-related damage to the communities of the watershed.
(4) Complement the existing state, regional, county and municipal
stream corridor protection and management regulations and initiatives.
B.
ACTIVITY
ONE-HUNDRED-YEAR FLOODLINE
STREAM
STREAM CORRIDOR
Definitions. As used in this section, the following words and terms
shall have the following meanings:
Any land disturbance, including any development for which
an application for development is necessary.
The line which is formed by following the outside boundaries
of the area inundated by a one-hundred-year flood. A one-hundred-year
flood is estimated to have one-percent chance of one chance in 100
of being equaled or exceeded in any one year. The one-hundred-year
floodline shall be determined by reference to the FEMA FIRM Maps,
delineations made by NJDEP or other state agency as well as delineations
made in accordance with flood hazard area control rules (N.J.A.C.
7:13).
A waterway depicted on the USGS Quad Maps or Hydrologic Survey.
The stream channel (the bed and banks of a stream which confine
and conduct continuously or intermittently flowing water), the area
within the one-hundred-year floodline or 75 feet from the top of bank
or mean high-water line if no bank is defined, whichever is greater.
If the stream is designated a C1 waterbody, the default width is 150
feet from the top of bank/mean high-water line. If slopes greater
than 15% abut the stream corridor, the area of such slopes shall be
also included as the stream corridor.
C.
Applicability. All tracts falling in whole or in part within a stream corridor shall be subject to the standards set forth in Subsection D.
D.
Standards.
(1)
Activities permitted in stream corridors. Stream corridors shall
remain in their natural state, with no clearing or cutting of trees
and brush (except for removal of dead vegetation and pruning for reasons
of public safety), altering of watercourses, regrading or construction
except for the following activities:
(a)
Wildlife sanctuaries, woodland preserves and arboretums, but
excluding enclosed structures.
(b)
Game farms, fish hatcheries and fishing reserves, operated for
the protection and propagation of wildlife, but excluding enclosed
structures.
(c)
Unpaved hiking, bicycle and bridle trails.
(d)
Fishing areas.
(e)
Reconstruction of a structure which predates the adoption of
this section in the event of damage or destruction by fire, storms,
natural hazards, or other acts of God, provided that the reconstruction
does not have a greater footprint or total area than that of the damaged
structure and that no change of land use occurs.
(2)
Location of activities on tracts partially within stream corridors.
(a)
All new lots in major and minor subdivisions shall be designed
to provide sufficient areas outside of stream corridors to accommodate
primary structures as well as any normal accessory uses appurtenant
thereto.
(b)
The board of jurisdiction may allow an average stream corridor
width of 75 feet thus allowing reasonable flexibility to accommodate
site planning when necessitated by the size and shape of the tract
and physical conditions thereon. The stream corridor width may be
reduced to a minimum of 50 feet provided there is an equivalent increase
in the width elsewhere on site, unless it is a C1 water, in which
case the default width is 100 feet and all relevant permits (e.g.,
stream encroachment, freshwater wetlands, Soil Conservation District)
are obtained.
(3)
Activities permitted in stream corridors when there is no reasonable
or prudent alternative. The following are permitted in a stream corridor
when subdivision or site plans cannot be designed in the manner set
forth in this section or, in the case of a preexisting lot for a one-family
or two-family dwelling, when there is insufficient room outside the
stream corridor for permitted accessory uses. In either case, there
must be no other reasonable or prudent alternative to placement in
the stream corridor.
(a)
Yard improvements, such as lawns, and accessory structures,
such as swimming pools, and bulkheads or retaining walls where required
to prevent erosion.
(b)
Recreational use, whether open to the public or restricted to
private membership, such as parks, camps, picnic areas, golf courses,
sports or boating clubs, not to include enclosed structures, but permitting
piers, docks, floats or shelters usually found in developed outdoor
recreation areas.
(c)
Outfall installation for sewage treatment plants, sewage pumping
stations and the expansion of existing sewage treatment facilities.
(d)
Private or public water supply wells that have a sanitary seal,
floodproofed water treatment facilities or pumping facilities.
(e)
Dredging or grading when incidental to permitted structures
or uses, including stream cleaning and stream rehabilitation work
undertaken to improve hydraulics or to protect public health.
(f)
Dams, culverts, bridges and roads provided that they cross the
corridor directly as practical.
(g)
Sanitary or storm sewers.
(h)
Utility transmission lines installed during periods of stream
flow in accordance with soil erosion and sediment control practices
and approved by the Soil Conservation District in a manner which will
not impede flows or cause ponding of water.
(i)
Structures comprising part of a regional flood-detention project.
(j)
Detention or retention basins and related outfall facilities.
(k)
Irrigation ponds and agricultural activities as defined in the
New Jersey Right-to-Farm Act N.J.S.A. 4:1C-1 et seq.
(4)
Activities permitted in stream corridors when prohibiting such
activities would cause economic hardship.
(a)
New structures [other than those permitted as exceptions to Subsection D(1) and (3)], and including retaining walls, parking facilities and roads (but not those which are parallel to the stream) are permitted in a stream corridor only upon a clear and convincing demonstration by the applicant that prohibiting such activity would result in economic hardship or would conflict with a compelling public need.
[1]
The board of jurisdiction shall use the following
standards in determining whether economic hardship exists:
[a]
Prohibiting the activity would result in an economic
hardship, as distinguished from a mere inconvenience, because of the
particular physical surroundings, shape or topographical conditions
of the property involved. The necessity of acquiring additional land
to locate development outside the stream corridor shall not be considered
an economic hardship unless the applicant can demonstrate that there
is no adjacent land which is reasonably available; and
[b]
An applicant shall be deemed to have established
the existence of an economic hardship only if the applicant demonstrates,
based on the specific facts, that the subject property is not capable
of yielding a reasonable economic return if its present use is continued
or if it is developed as unauthorized by provisions of this section
and that this inability to yield a reasonable economic return results
from unique circumstances peculiar to the subject property which:
[i]
Do not apply to or affect other property in the
immediate vicinity;
[ii]
Related to or arise out of the characteristics
of the subject property rather than the personal situations of the
applicant; and
[iii]
Are not the result of any action or inaction
by the applicant or the owner or his predecessors in title.
[2]
An applicant shall be deemed to have established
compelling public need if the applicant demonstrates, based on specific
facts that:
[a]
The proposed project will serve an essential public
health or safety need;
[b]
The public health and safety require the proposed
activity;
[c]
The proposed use is required to serve an existing
public health or safety need;
[d]
There is no alternative available to meet the established
public health or safety need;
[e]
The activity will not be materially detrimental
or injurious to other property or improvements in the area in which
the subject property is located and will not endanger public safety;
and
[f]
The exception granted is the minimum relief necessary
to relieve the compelling public need.
[3]
The stream corridor includes more than 75% of the
tract.
(b)
If an exception is granted pursuant to Subsection D(4)(a)[1] through [3], the board of jurisdiction or zoning officer, as the case may be, may reduce the width of of the stream corridor to no less than 50 feet unless it is a C1 water in which case the default width is too feet.
(c)
If such an exception is granted, the applicant shall rehabilitate
an environmentally degraded stream corridor within the same tract
at least equivalent in size to the stream corridor reduction, if possible.
Rehabilitation shall include reforestation, stream bank stabilization
and removal of debris. The area to be rehabilitated and the rehabilitation
plan shall be acceptable to the board of jurisdiction or the zoning
officer as the case may be.
(5)
(6)
Provisions governing activities in stream corridors.
(a)
The applicant for any activity permitted in a stream corridor
shall rehabilitate any degraded areas within the stream corridor,
in a manner acceptable to the board of jurisdiction or the zoning
officer, as the case may be, unless the applicant demonstrates that
it is economically infeasible to do so.
(c)
The applicant shall provide whatever additional measures are
necessary to assure that areas designated as stream corridors will
be preserved and to prevent additional encroachments in the stream
corridor likely to occur as a result of the approval granted.
(d)
The board of jurisdiction, in the case for an application for
development, may require conservation easements or deed restrictions
assuring that there will be no further intrusion on the stream corridor
than that permitted by the activity approved.
E.
Submission requirements. An applicant for an activity in a stream
corridor shall submit to the municipality a map of the project site
delineating the following (at a scale of one inch equals 50 feet or
larger), using the best available information:
(1)
The stream corridor boundary, being the one-hundred-year floodline,
or seventy-five-foot line whichever is larger;
(2)
State wetland boundary lines;
(3)
Any slopes greater than 15% within the site;
(4)
The location of all improvements and land disturbance proposed
to be located within any of the above boundaries;
(5)
A listing of all other federal, state, county and local permits
and approvals required.
