Zoning affects all structures, buildings and land and the uses
thereof. No land or premises may be used and no building or structure
may be erected, razed, moved, extended, enlarged, altered or used
for any purpose other than a purpose permitted by this chapter for
the zone district in which the land, premises, building or structure
is located, and all uses and construction shall be in conformity with
the regulations provided for the zone district in which such land,
premises, building or structure is located.
Construction permits and plans; zoning permits and certificates of occupancy. No construction permit and no certificate of occupancy shall be issued by the Construction Official except upon application therefor in conformity with all the provisions of § 160-87 of this chapter. No sign erection permit shall be issued by the Construction Official except upon application therefor in conformity with the terms of § 160-86 of this chapter. No zoning permit shall be issued by the Zoning Officer except upon application therefor in conformity with § 160-87 of this chapter.
Whenever a new lot or lots is or are formed from a part of any
other lot or lots, the assembly or separation shall be effected in
such a manner as not to impair any of the requirements of this chapter.
A.
There shall be provided, for every lot, front, rear and side yards as required in the zone district in which said lot is located unless otherwise regulated by § 160-95, except that, in the case of flag lots as regulated by § 160-131, all front yards must face upon a dedicated public street and shall be of the size required for the particular zone district in which the lot is located; provided, however, that on streets less than 50 feet in width, the required front yard shall be increased by 1/2 the difference between the width of the street and 50 feet, and provided further that any lot which abuts a street with a proposed right-of-way greater than 50 feet in width, as shown on the Master Plan of the Township of White, adopted pursuant to P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.), shall have a front yard setback measured from the nearest line of the proposed building or structure to the proposed right-of-way line shown on said Master Plan.
[Amended 9-5-1986]
B.
No open space which has been counted or included as part of a side
yard, rear yard, front yard, court or other open space as required
by this chapter for one building or lot may, by reason of change of
ownership or for any other reason, be counted or included in order
to comply with the yard, court or other open space requirement of
any other building or lot.
[Amended 11-14-1986; 6-12-2014 by Ord. No. 2014-2; 7-8-2020 by Ord. No. 2020-04]
A.
No accessory building or structure shall be built on any lot on which there is not a principal building or structure. No trailer or mobile home shall be used in any zone district as an accessory building or structure except as permitted as a conditional use under § 160-121.
B.
Customary and permitted accessory uses as defined in § 160-5 of the Code shall be located where permitted in other sections of this Code.
C.
Each lot that contains a single-family dwelling as defined in § 160-5, regardless of zoning district, shall be permitted to have at least one accessory building or structure as well as customary and permitted accessory uses as long as the setback requirements in § 160-92 and other applicable sections of the Code are complied with.
D.
The following requirements shall be met in all residential zones:
(1)
No accessory building or structure shall have a ground floor area
greater than the ground floor area of the principal building or structure
on the same lot.
(2)
No accessory building or structure shall exceed 20 feet in height.
(3)
No accessory building or structure shall be permitted in any front
yard.
(4)
All accessory buildings shall be located at least 12 feet from any
principal building situated on the same lot.
(5)
Accessory buildings may be built within any side yard if the distance
from any accessory building to the side line of the lot is equal to
or greater than the required side yard setback for the principal building
on said lot.
(6)
Accessory buildings built in any rear yard shall not be closer than
10 feet to any side or rear property line of the lot containing said
accessory building.
(7)
Accessory buildings on corner lots shall not be erected nearer to
any street side line than the front yard setback required on the lot
adjacent to the side lot line of the lot upon which the accessory
building is located.
E.
The following requirements shall be met in all nonresidential zones:
(1)
No accessory building shall have a ground area greater than the ground
area of the principal building on the same lot.
(2)
No accessory building or structure shall exceed the height of the
principal building or structure.
(3)
No accessory building shall be permitted in any front yard.
(4)
No accessory building shall be closer to the principal building on
the lot on which it is located than 20 feet or the height of said
accessory building, whichever is greater.
(5)
Accessory buildings may be built within any side yard if the distance
from said accessory building to the side line of the lot is equal
to or greater than the required side yard setback for the principal
building on said lot.
Garaging as an accessory use for not more than three motor vehicles
may be erected on a single lot in all residential districts. In addition,
not more than one boat, house trailer, other trailer or truck with
a maximum weight carrying capacity of one ton, pickup or parcel delivery,
owned and/or used by a resident on said lot, may be garaged on said
lot; provided, however, that said boat, house trailer, other trailer,
or truck shall be kept in an enclosed garage when on said lot. Any
permitted farm operation shall not be subject to the above; provided,
however, that the parking of motor vehicles and the storage of any
farm machinery on any farm shall not be permitted within 100 feet
of any property line.
[Amended 9-5-1986]
Any vacant lot in single ownership existing at the effective
date of adoption or amendment of this chapter whose area or dimensions
do not meet the requirements of the district in which the lot is located
may be used or may have a structure erected thereon for a use permitted
for that zoning district, provided that the building coverage limit
is not exceeded, parking requirements are met and minimum yard and
maximum height requirements are modified by the same percentage that
the area of such lots bears to the zone district requirements, except
that no side yard shall be less than either 10 feet or half that otherwise
required by this chapter, whichever is greater. No building shall
be set back less than 25 feet from any street right-of-way, and no
building shall be required to have a height less than 12 feet and
one story. All other applicable provisions of this chapter shall also
apply.
All yards on corner lots abutting any street shall be construed as front yards and shall be subject to the front yard setback requirement of the zone in which said lot falls. All yards other than front yards of a corner lot shall be construed as side yards and shall conform to the side yard setback requirement of the zone in which said lot falls; provided, however, that nothing contained in this section shall be construed to permit a building closer to any property line than that as permitted and regulated in § 160-92.
The control and regulation of the uses of buildings and structures
by this chapter shall apply equally to the nature and extent of the
uses of the lot or lots upon which they are erected.
A.
Outdoor storage of any kind or nature, except storage of those items
customarily used in conjunction with a residential occupancy, is prohibited
in all residential zones.
B.
In all nonresidential zones, where not specifically prohibited, outdoor
storage is only permitted in the side and rear yards as herein regulated.
No article, equipment, vehicles, supplies or materials or other matter
shall be kept, stored or displayed outside the confines of any building
unless and until the same is screened by special planting or fencing,
as approved by the Planning Board, and maintained in good condition
so that it shall not be visible from any adjacent property or public
street; provided, however, that where otherwise permitted by this
chapter, the display of new and used motor vehicles as a permitted
accessory use in a nonresidential zone district shall not be required
to be screened by a planting or fence so that said use is not visible
from any abutting public street.
On any corner lot in any zone, no fence, structure, planting
or shrubbery over 30 inches in height above the level of the pavement
at the center of the street opposite the point in question shall be
erected or maintained within 50 feet of the intersection formed by
the projections of the two street sidelines at the corner.
[Amended 8-2-1991]
A.
Planting and fences on street property lines. No fence, hedge, shrubbery
or planting on any lot in any zone shall be permitted to overhang
or project beyond any street side line. The branches of all trees
projecting beyond any such street side line must be trimmed at all
times to ensure unobstructed vision and clearance eight feet above
ground or sidewalk level.
B.
Buffers. Whenever buffers have been specified by this chapter or
as may be required by the municipal agency, such buffer shall be of
the width so specified or required and shall be used to minimize adverse
impacts or nuisances on a site or from adjacent areas. Within the
buffer area, vegetation shall be placed so as to avoid damage to existing
plantings and to provide maximum protection to adjacent properties.
Existing wooded areas shall be incorporated into buffers wherever
possible. The buffer shall be adequately planted with landscape materials,
including trees, shrubs, grass, ground cover and berms, to present
an attractive appearance, and shall include a screen at least 10 feet
high at maturity. The screen shall be in accordance with the following
specifications or an equivalent acceptable to the municipal agency.
[Amended 4-27-2006 by Ord. No. 2006-3]
(1)
Dense hedges or deciduous trees and at least 50% evergreen shrubbery
planted at six feet on center in each of two staggered rows.
(2)
Evergreen hedge consisting of white pine, blue spruce or white spruce
planted at 15 feet on center or dark American arborvitae planted four
feet on center in each of two staggered rows.
(3)
A landscaped earth berm, a minimum of six feet in width, supplemented with landscaping consisting of dense shrubs planted in front and a hedge behind as described in § 160-99B(1) and (2) above.
(4)
Plantings used for screening a minimum of four feet in height at
the time of planting.
C.
Maintenance. The owner shall protect the integrity of the buffer
area and ensure that it remains undeveloped. Plantings shall be properly
maintained in order to minimize adverse effects on adjacent properties.
The owner shall replace all dead and dying plants.
D.
Improvements adjacent to tract lines. No embankments, excavation,
structure, pond, detention basin, storm drainage facility or other
utility shall be permitted beyond the front, side or rear yard setback
line of a tract of land subject to development adjacent to property
used or zoned for residential use, except for access into the interior
of the tract or where stormwater discharge or utility line extensions
must cross into adjacent lands and where appropriate utility easements
have been established and dedicated as approved by the approving authority.
[Added 6-14-2001]
E.
All residential dwellings shall incorporate a substantial tree and
shrub buffer within 15 feet of any property line.
[Added 6-7-2002 by Ord. No. 2002-12]
The conversion of existing structures to a use permitted in
the zone district in which said structure is located is equally subject
to the same regulations as are new structures to be constructed in
said zone district.
No driveway shall be permitted to serve any use other than the
permitted use on the lot upon which said driveway is located.
[Amended 11-14-1986]
A.
Only one principal building may be erected on a lot, except for related,
compatible buildings constituting one basic use or operation under
one management and limited to the following:
No lot, yard, parking area or other open space shall be so reduced
in area or dimension as to make it less than the minimum required
under this chapter. No lot, yard, parking area or other open space
which is already less than the minimum required under this chapter
shall be further reduced in area or dimension.
No sign shall hereafter be permitted in the Township of White unless it shall comply with the requirements of § 160-86 of this chapter.
A.
The height limitations required in each zone district shall not apply
to church steeples or farm buildings.
[Amended 12-27-2001]
B.
Church buildings, hospitals for humans, public school buildings and
structures, masts, flagpoles, household receiving antennas or any
municipally owned, leased or operated building, structure or use shall
not exceed 50 feet in height or the height limitation set for the
zone district in which it is located, whichever is greater.
C.
In the I Zone, roof structures such as air-conditioning, ventilating or elevator equipment, fans, stairways, railings, vents, duct work and other like mechanical equipment may be placed or erected on roofs of permitted buildings, provided that such roof structures do not occupy more than 20% of any roof area and do not exceed the applicable maximum building heights as permitted pursuant to § 160-174I of Article XXIV by more than 15 feet. Where the roof structures occupy more than 20% of any roof area or exceed the maximum applicable building height by more than 15 feet, such roof structures must be appropriately screened as required by the Planning Board, and no height exceptions under this subsection shall apply.
[Added 4-2-1982]
D.
In the I Zone, freestanding accessory structures, such as chimneys, stacks, water tanks, electronic and communications equipment, columns, towers, silos, spires and other like structures, may be erected to a height functionally or technically necessary or required by state or federal regulation, provided that the distance of such accessory structures from any property line is not less than a dimension that equals the height of said accessory structure, plus the minimum applicable setback requirement set forth in § 160-174F, G and H of Article XXIV, and further provided that no width or horizontal dimension of such accessory structures may exceed 15 feet measured above the maximum applicable height limit for principal structures as set forth in § 160-174I of Article XXIV.
[Added 4-2-1982]
[Amended 11-14-1986]
No trailer or recreational vehicle or trailer or recreational
vehicle camp and no mobile home less than 22 feet in width shall be
used or occupied in any zone district other than in the R-4 Zone District.
No trailer or recreational vehicle and no mobile home less than 22
feet in width shall be used as or in connection with a residence,
business establishment, manufacturing or industrial operation, office
or storage facility except as otherwise permitted in this chapter.
A trailer may be set up for use in connection with a construction
project in any zone for a period not to exceed 90 days, provided that
an occupancy permit therefor has been obtained from or reissued by
the Construction Official, who is hereby authorized to issue such
permits. Any violation of any provisions in this chapter or the provisions
of any other ordinance shall void said permit, and a trailer may be
subject to immediate removal from the Township and such other action
as the governing body may consider necessary.
[Amended 4-11-1997; 6-7-2002 by Ord. No. 2002-11]
A.
General provisions related to fences and retaining walls.
(1)
No fence or wall shall be constructed on any lot except according
to the provisions of this section and the Township building code.
(2)
A building permit shall be required for any fence or retaining
wall or bulkhead in excess of 72 inches in height.
[Amended 10-12-2017 by Ord. No. 2017-4]
(3)
No retaining wall or fence shall be erected in any location
or at any height so as to impair sight distance and/or affect safe
ingress and egress from any lot or street.
(4)
This section shall not apply to arbors provided that the same
are located within the subject property and are located a minimum
of 10 feet from any property line bordering on a right-of-way.
B.
Fences.
(1)
No fence shall be erected within five feet of a street right-of-way.
(2)
All fences must be constructed on the property of the applicant.
(3)
Fences erected in a front yard shall not be more than four feet
in height and shall not be more than 50% solid.
(4)
Fences erected in the side or rear yards shall not exceed six
feet six inches in height alone or in combination with a retaining
wall or berm.
(5)
For commercial or industrial property the maximum height shall
be 10 feet.
(6)
All fences when constructed shall be placed such that the good
side faces adjoining properties and/or areas exposed to public view.
(7)
No sharp or dangerous protrusions such as barbed or razor wire
shall be placed on any fence.
(8)
The foregoing limitations shall not apply to fences used in
connection with agricultural uses, provided the same do not obstruct
vision for purposes of traffic safety, nor shall said limitations
apply to fences or walls required by the Planning Board in connection
with site plan approval.
C.
Retaining walls. Retaining walls may be constructed in accordance
with the following requirements:
(1)
No retaining wall shall be erected within five feet of a street
right-of-way line, side or rear property line.
(2)
No retaining wall shall be permitted to incorporate glass or
spikes.
(3)
All retaining walls shall be positively drained by providing
sufficient underdrain installation. Surface drainage shall not be
permitted to flow directly against the face of the wall.
(4)
Any retaining wall in excess of 36 inches shall include at its
top a barrier to prevent anyone from falling off of same.
(5)
A retaining wall whose primary purpose is to bring the level
of the property up to that of the roadway may be permitted to be constructed
within a road right-of-way upon application to and approval by the
Township Committee. The design and construction of any such wall shall
be subject to the approval of the Township Engineer. The top of the
retaining wall shall be no higher than the road grade or pavement.
No approval under this section shall be construed as granting any
rights to utilize the public right-of-way for any purpose other than
access to the adjoining property.
D.
Special provisions for railroad-tie and landscape-tie retaining walls.
(2)
Railroad-tie retaining walls may be constructed to a maximum
height of 64 inches above grade. If a railroad-tie retaining wall
exceeds 64 inches, the wall shall be designed as a closed-face timber
curb retaining wall with a maximum height of 12 feet and shall be
designed by a professional engineer or architect.
(3)
Railroad-tie retaining walls shall conform to the requirements
of the Township building code.
(4)
Railroad-tie retaining walls shall conform to the following
minimum requirements:
(a)
Tiebacks shall be a minimum length of seven feet and shall be
provided with a four-foot minimum width.
(b)
Tiebacks shall be installed on alternate courses at 16 feet
on center and shall be offset horizontally eight feet from the tieback
below.
(c)
The face of the wall shall have a minimum batter of two inches
per foot.
(d)
The bottom course of the tie wall shall be set in an eight-inch
sand bed and shall be pinned to firm ground with two half-inch diameter
steel rods per bottom tie. The rods shall have a minimum length of
30 inches. The top of the bottom course tie shall be set at the finished
grade at the bottom of the wall.
(e)
All ties shall be spiked with four drift pins per tie and shall
be of sufficient length to penetrate two members and four inches into
the third member.
(f)
All cuts or bored holes should, but are not required to, be
coated with two coats of a wood preservative to treat the timber.
[Amended 4-2-1982]
Diagrams are included in Appendixes A, B, C and D for the purpose
of interpreting or clarifying certain provisions of this chapter.[1]
[1]
Editor's Note: Appendixes A, B, C and D are included at the
end of this chapter.
[Added 7-14-2005 by Ord. No. 2005-13[1]]
A.
Statement of purpose.
(1)
It is the express purpose of this section to provide special
qualitative and quantitative development controls for all lands located
within the Township that have present within their boundaries topographical
conditions, hereinafter defined as "steep slopes," which shall be
defined as slopes with a gradient of 15% or greater, as measured utilizing
a two-foot contour interval.
(2)
These special development controls are provided in recognition
of the potentially negative impacts of construction in steep slope
areas in the form of erosion, siltation, excessive removal of vegetation
and soil, flooding, soil slippage, water runoff and destruction of
unique land forms and scenic vistas. It is further the purpose of
this section to encourage good land use planning and design, maximize
optimal use of the natural terrain and maintain steep slopes and scenic
vistas intact.
(3)
Effective and reasonable application of these regulations will
protect the health, safety and welfare of the citizens of the Township.
B.
Applicability. The requirements, guidelines and controls promulgated under this section shall be applicable to all properties within all zone districts situated in the Township in their existing physical state or condition as of the date of the passage of this section. The requirements of Subsections C, D and E shall apply where said properties have a slope area of 15% or greater.
C.
Construction control limitations. Disturbance of steep slopes shall
be limited to the following based on the indicated slopes:
|
Slope
|
Permitted Activity
| |
|---|---|---|
|
Less than 15%
|
All activities
| |
|
15% to less than 20%
|
Only for crossings that involve driveways, roads, utilities,
storm sewers, and other linear development approved by the Board.
| |
|
20% and greater
|
No disturbance
|
D.
Exception. The above construction control limitations are not applicable
for isolated slope areas of 15% or greater with an area of 1,000 square
feet or less.
F.
The Board, in considering a variance from the provisions of Subsections C and D above, to the extent permitted by law and to the extent applicable to the variance requested, may be guided by the following:
(1)
The developer shall demonstrate that the disturbance of the
critical steep slope area is necessary for the proposed development
of the subject tract.
(2)
The developer shall demonstrate that the proposed development
has utilized the noncritical areas of the tract as reasonably as practicable
and has attempted to minimize the disturbance of the critical steep
slope areas by limiting development to either isolated area(s) of
steep slopes and/or those slopes with less of a steep grade prior
to the disturbance of more environmentally sensitive critical areas.
(3)
Appropriate revegetation and landscaping of the disturbed steep
slope areas shall be provided to adequately stabilize the slopes and
enhance the attractiveness of the site, if necessary, and shall be
in accordance with accepted soil conservation and stormwater management
techniques as promulgated by the Soil Conservation District and the
Township Engineer.
(4)
The proposed disturbance of the critical steep slope areas should
minimize the impairment of the visual quality of the site. Moreover,
the higher elevations along ridge and mountain tops which present
visual amenities should be protected, where possible.
(5)
The environmental impacts shall be satisfactorily controlled
by the development proposal in a manner acceptable to the Township
Engineer so that soil erosion, excess stormwater runoff, degradation
of water quality, concentration of stormwater and water flow, and
flooding do not occur.
(6)
The developer also shall demonstrate that:
(a)
Unless an EIS is otherwise required, endangered or threatened
plants and wildlife shall not be harmed;
(b)
The geologic disturbance, including blasting, cutting or excavating,
resulting from the development of any critical steep slope area shall
be satisfactorily mitigated; and
(c)
The cost of providing and maintaining public facilities and
services to those areas where critical slopes may be disturbed shall
not be substantially increased as a result of such disturbance.
[1]
Editor's Note: This ordinance also repealed original § 71-76V,
Open space zoning.
[Amended 9-2-1983; 12-29-1997]
A.
All lots must comply with the following:
(1)
Drainage shall be controlled such that stormwater discharges
do not constitute a potential hazard to any street or other vehicular
way or to adjacent properties.
(2)
A lot shall be served by a driveway, conforming to all requirements Chapter 120, Driveways, of the Code of the Township of White.
(3)
All setback dimensions shall be calculated from lot boundaries
except where there exist high voltage power lines or a utility easement
therefor. In this case, setback distances shall be calculated from
the nearest point of the easement.
(4)
An adequate lot shall encompass sufficient area for construction
of a principal structure and all necessary supporting facilities,
including, without limitation, parking, loading, water supply, waste
disposal and accessways.
(5)
All lots shall provide soils data adequate to determine that
there will be sufficient area on the property to accommodate a subsurface
sewage disposal system and a reserve area of equivalent size and slope.
Where soils on the proposed lot are similar, one additional soil lot
within the reserve area shall be provided to meet this requirement.[1]
[1]
Editor's Note: Original § 71-76W(2), concerning
slopes in excess of 25%, as amended 8-5-2004 by Ord. No. 2004-14,
which immediately followed this subsection, was repealed 7-14-2005
by Ord. No. 2005-13.
B.
Lots containing state regulated environmentally sensitive area(s).
No lot shall be created where more than 1/2 of the party consists
of freshwater wetlands.
C.
Development and disturbance restrictions. No development or disturbance
shall occur within 50 feet of surface water bodies, except stream
corridors as defined in this chapter, endangered or threatened species
habitats, sinkholes or other limestone solution features.
[Amended 7-14-2005 by Ord. No. 2005-13]
[Added 12-7-1990]
A.
In all zones of the Township of White, it shall be permissible to
allow aboveground storage tanks for petroleum or its derivatives,
but not to exceed 2,000 gallons in capacity, provided that all applicable
rules and regulations are followed. Above ground tanks in excess of
2,000 gallons but less than 5,000 gallons in capacity shall be permitted,
provided that such installations have been approved by and are operated
in accordance with the requirements of the New Jersey Department of
Environmental Protection and all other rules, regulations and statutes
pertaining to aboveground storage of petroleum or its derivatives.
Aboveground storage tanks in excess of 5,001 gallons' capacity shall
be permitted, provided that such installations have been approved
by and are operated in accordance with the requirements of the New
Jersey Department of Environmental Protection and all other rules,
regulations and statutes pertaining to aboveground storage of petroleum
or its derivatives and provided that such tanks are accessory to the
principal use on the site in question.
B.
Aboveground storage with proper permits and Department of Environmental
Protection approvals shall be permitted in any zone within the Township
of White.[1]
[1]
Editor's Note: Original § 71-76Y, Lot size averaging,
as added 6-7-2002 by Ord. No. 2002-12, which immediately followed
this subsection, was repealed 7-14-2005 by Ord. No. 2005-13.
