[Amended 9-1-1988 by Ord. No. 316; 6-16-2005 by Ord. No. 558]
Garden apartment projects may be developed as provided in the
Schedule of District Regulations[1] on minimum tracts of 20 acres. Gross dwelling density
for the tract shall not exceed six units per acre.
A.
The following regulations shall be applicable to any garden apartment
project.
(1)
Each dwelling unit shall contain complete kitchen facilities, toilet,
bathing and sleeping facilities and shall have a minimum habitable
floor area consistent with the following.
(2)
In addition to the required habitable floor area, there shall be
a minimum storage area in each building for bicycles, carriages, furniture
and similar incidental equipment or items equal to 70 square feet
in area by a minimum of seven feet in height per unit.
(3)
A maximum of 10% of the total number of units in a completed development
may be three-bedroom units; up to 50% of the total units in a completed
development may be two-bedroom apartments; and the remainder shall
be either one-bedroom or efficiency apartments. In the event that
a development is completed in sections, the above-stated proportions
of three-, two- and one-bedroom or efficiency apartments shall be
substantially maintained as construction of the development progresses.
(4)
A minimum of 25% of the total area of the apartment development land
area, exclusive of normal dwelling dooryards, buffer strips, parking
areas and street rights-of-way, shall be designed for common open
space and recreational area. No one recreational area shall be less
than 10,000 square feet in area nor 100 feet in its narrowest dimension.
Each recreational area shall be conveniently accessible to the development
inhabitants. Common open space and recreational areas shall be either
made available for conveyance to the Township with a deed restriction
applying that it will be permanently devoted to playground or park
use or held in private ownership, but only when a deed reversion clause
is arranged in favor of the Township in the event that the use of
the land for common open space and recreational purposes ceases to
exist for a period of one year.
(5)
All recreational areas and/or parks shall be improved by the developer,
including equipment, walkways and landscaping. The Planning Board,
in reviewing the plans, shall determine that the recreational areas
are suited to their intended use in terms of the environment and will
meet the needs of the development's inhabitants. Not more than 50%
of the development's areas shall be in one of the following: a floodplain,
areas with a slope of greater than 10%, a watercourse or other areas
unsuitable for recreational purposes due to environmental considerations.
(6)
Open space adjacent to buildings not surfaced as walkways, driveways,
parking areas, utility areas or other required improvements shall
be graded and seeded to provide a thick stand of grass or other ground
cover material. Two suitable specimen trees and four evergreen shrubs,
exclusive of those used in connection with parking or other areas,
shall, at a minimum, be provided for each dwelling unit. The Planning
Board, in reviewing plans, shall determine that the landscaping plan
is designed to optimize solar access and protect buildings from prevailing
winds.
(7)
Maintenance of open space and recreational areas of garden apartment
developments shall be the responsibility of the developer/owner unless
the land is deeded to and accepted by the Township.
(8)
For every three apartment units which are not provided with laundry
facilities or facility hookups, there shall be provided within the
same building or structure as said units at least one washer and one
dryer. No less than one garbage or trash pickup area shall be established
with suitable receptacle in close proximity to each eight apartment
units. Detrimental effects on the aesthetic character of the development
shall be minimized where necessary through the use of enclosures or
screens composed of suitable fencing, masonry walls or shrubbery at
least six feet in height around the perimeter of said areas used for
garbage pickup or other utility areas. Fencing and walls shall not
be more than fifty-percent opaque on the vertical surface.
(9)
Every building shall have a minimum setback of 40 feet from any public
street or road and 15 feet from any private interior road, driveway
or parking area.
(10)
Driveways, parking areas and all pedestrianways shall be provided
at all times with adequate illumination so shielded as to avoid deleterious
glare to adjacent or nearby residential units.
(11)
Parking areas, screening, signs and driveways shall be designed
and constructed in accordance with the provisions of this chapter.
(12)
All on-site electricity, utility and cable television services
shall be installed below ground.
(13)
No garden apartment development shall be constructed in any
area where public sewerage facilities and water supply system are
not available or cannot be made available by the developer. For purposes
of this section, "public sewerage facilities and water supply systems"
shall mean those operated by the Township of Upper Deerfield or other
public or quasi-public agency or company approved and authorized to
so provide such services by the Township of Upper Deerfield.
(14)
All streets and roads created by an apartment development shall
be oriented in an east-west direction to permit the buildings constructed
thereon to maximize solar gain within the limits of practicability
and feasibility.
(15)
All garden apartment development shall incorporate energy conservation
techniques and alternative sources of energy utilization, including
passive and active solar power and wind turbines, into the design
of the proposed structures to the maximum extent practical. The applicant
shall detail the techniques to be utilized to conserve energy use
in the development in an energy conservation analysis and report hereby
required to be submitted with the application for approval.
(16)
There shall be no dwelling unit below the ground-floor level
and not above the second story of any structure.
(17)
There shall be not more than 12 dwelling units in each building
or structure. The facade of any building shall not exceed 60 feet
in length unless each increment of 60 feet is interrupted by an angle
of at least 45° or an offset of at least five feet.
(18)
Courtyards bounded on three or more sides by the wings of a
single building or by walls of separate buildings shall have a minimum
width between any two walls of at least two feet for each one foot
of height of the tallest adjacent building or wall.
(19)
No garden apartment dwelling structures shall be located within
25 feet of another dwelling structure. The maximum building height
of a principal building shall be 35 feet and 15 feet for an accessory
building. The minimum lot frontage along the improved road shall be
not less than 1/2 of the lot depth. The minimum lot depth shall be
150 feet. Yard setback requirements shall be as follows:
|
Yard
|
Principal Building
(feet)
|
Accessory Building
(feet)
| |
|---|---|---|---|
|
Front
|
25
|
—
| |
|
Side (each)
|
25
|
10
| |
|
Rear
|
35
|
10
|
(20)
There shall be a buffer along the entire perimeter of the property,
except for the front yard, of no less than 10 feet in width measured
from the property line and suitably landscaped with grass and/or ground
cover, shrubs and trees. No buildings, including garages, other accessory
structures, interior streets and driveways, parking areas, drying
yards or play areas, shall be located within the buffer area.
(21)
Ingress and egress driveways may be permitted in the front yard
area, but nothing herein contained shall be construed to permit parking
areas in the front yard. Required parking areas shall be permitted
within the required rear and side yard areas, provided that such areas
shall be no closer than 20 feet to any property line.
B.
In applying for approval of an apartment project, an applicant shall
submit five copies of a market analysis and needs survey which shall
describe and demonstrate the need for said proposed project in terms
of the regional housing market, as defined by the Township Master
Plan. Said analysis and survey shall include data and information
on vacancy rates, cost and location of other housing facilities within
the Township and the region and other pertinent data. The analysis
and survey shall reasonably indicate that the need for the type, magnitude
(number of units) and cost of housing proposed does exist within the
region. Failure to demonstrate such need shall be just cause for denying
the application.
[1]
Editor's Note: The Schedule of District Regulations is included at the end of this chapter.
[Added 11-1-1990 by Ord. No. 366]
A.
The bulk storage of materials is strictly limited to dry, natural
materials, such as but not necessarily limited to sand, gravel, stone
or rock, cement, lumber, grains and similar products.
B.
Environmental impact.
(1)
The storage of materials, their handling on the site and transport
to and from the site shall be such that no nuisance, such as noise,
erosion of materials, dirt, odor, insect or animal infestation, or
other unpleasant, unhealthy or unsafe condition occurs or becomes
a problem for adjacent properties or the public in general. Special
care shall be taken to prevent an environmental degradation of the
site or any adjoining properties as a result of the movement, handling
or storage of such materials. The Planning Board shall require special
conditions of operation or site improvements to a proposed bulk storage
site to prevent or mitigate environmental or nuisance problems or
conditions.
(2)
Where a proposed bulk storage facility adjoins a stream or prime
agricultural soils or where the use of lands for bulk storage of materials
entails activities or changes to the site which could affect groundwater
or surface water, the natural topography, or the removal of 1/2 acre
or more of woodland, the Planning Board may require an environmental
impact statement in order to determine whether the proposal will be
environmentally detrimental.
C.
Access.
(1)
The access driveway to a bulk storage facility shall be designed
and constructed to safely and efficiently handle the large, heavy
equipment expected to use it. Such driveways' entrances shall be adequately
defined with concrete monolithic curb radii and shall be paved with
bituminous or concrete cement for a length of at least 50 feet. The
design of the driveway and entrance shall be subject to the review
and approval of the Planning Board Engineer.
(2)
Once a bulk-storage-of-materials use is constructed and utilized,
a condition of continued compliance with site plan approval shall
be that the driveway is maintained free of ruts or potholes and is
not littered to such an extent or duration with spilled materials
as to be tracked or otherwise deposited on the public right-of-way.
(3)
The driveway shall be provided with a gate to prevent unwarranted
or unauthorized access by vehicles to the storage areas during periods
when the facility is not in operation.
(4)
The minimum side yard requirement for the bulk storage of materials
as listed in the Schedule of District Regulations may be reduced by
the Planning Board when a site proposed for bulk storage of materials
abuts a railroad right-of-way and materials are to be moved to or
from the site by rail.
D.
No storage or handling of materials shall be permitted within 100
feet of any residential zoning district boundary or any residentially
used property.
E.
Facilities or lands used for bulk storage of materials shall be fenced
to prevent unwarranted access by people or animals.
F.
Storage facilities shall be designed to safely and adequately retain
their respective materials and to prevent leakage, erosion, spillover
or other release of materials.
G.
Landscaping.
(1)
Landscaping shall be provided in suitable density to provide a visual
buffer along that portion of the facility adjoining any public right-of-way
except a railroad right-of-way. Said buffer shall use berms, fencing
and plant material to provide a visual screen of the stored materials.
Where a bulk storage facility adjoins a residential zoning district
or residentially used property, a similar buffer shall be provided
and maintained between the facility or use and the adjoining district
or property.
(2)
The landscaping plan shall clearly demonstrate how the visual buffer
will be achieved and shall be subject to the review and approval of
the Planning Board and its professionals. All landscaped areas and
buffers shall be maintained to assure that plant material lives and
serves the purpose for which it was intended.
H.
An application for a conditional use permit for the storage of bulk
materials shall include a detailed schedule of the hours of operation,
including the handling and movement of materials to and from the site.
The Planning Board, in granting a conditional use permit, may set
reasonable hours of operation for handling activities or movement
of materials to and from the site so as to avoid or reduce traffic
congestion, disturbance of adjoining residential properties or other
situations deemed unsafe or unreasonable for the public health, safety
or welfare.
I.
In granting a conditional use permit for any proposed bulk-storage-of-material
use or facility, the Planning Board shall find that said proposed
use:
(1)
Will not endanger or degrade the natural environment.
(2)
Will be compatible with surrounding land uses or will be suitably
buffered so as to reduce or eliminate conflicts in uses.
(3)
Will not create unnecessary or excessive traffic on local roadways
which would make for unsafe or unreasonable interference with local
traffic or land uses along such roadways.
(4)
Will not result in unsafe, unreasonable nuisances to surrounding
properties or the public in general.
[1]
Editor's Note: Former § 98-26, Campgrounds, was
deleted 9-1-1988 by Ord. No. 316.
[Amended 3-17-2005 by Ord. No. 547]
A.
Cluster developments are permitted in the R-1, R-2 and R-3 Residential
Districts in accordance with the following regulations:
(1)
The maximum permitted density shall be 1/2 unit per acre in the R-1
Residential District and 3/4 unit per acre in the R-2 and R-3 Residential
Districts.
[Amended 3-1-2007 by Ord. No. 582]
(2)
Land area equal to a minimum of 20% of the tract of land proposed
for development shall not be included in lots but shall be set aside
for conservation, open space, recreation and park area, or other public
purposes. Land utilized for street rights-of-way, driveways, parking
lots, dooryards, utility stations, buffer strips and loading areas
shall not be included as part of the above 20%.
(3)
Land for conservation, open space, recreation, park areas or other
public purposes may be satisfied by inclusion of such required space
on the developed site or by noncontiguous off-site land as provided
herein.
(4)
No more than 50% of the total open space within the development site
shall be located in one or more of the following: a floodplain, areas
with a slope greater than 10%, and watercourses or bodies of water
or other areas deemed unsuitable for recreational purposes due to
environmental reasons as made evident by the Planning Board's review
of the environmental impact statement required to be submitted. When
open space requirements are being met by utilization of noncontiguous
open space off site from the development, then not more than 25% of
the total open space saved off site from the development shall be
located in one or more of the following: a floodplain, areas with
a slope greater than 10%, and watercourses or bodies of water or other
areas deemed unsuitable for recreational purposes due to environmental
reasons as made evident by the Planning Board's review of the environmental
impact statement required to be submitted.
(5)
At least 50% of the total open space saved shall be used for one
or more of the following active recreational purposes: golf courses
and country clubs; swimming pools and cabana clubs; tennis, badminton
and basketball courts; riding clubs; limited membership outdoor recreational
areas; private landscaped areas under the supervision of a homeowners'
association as provided in this section.
(6)
The remaining portions of open space saved shall be permanently devoted
to one or more of the following open land uses: parks or playgrounds;
woodland conservation areas; agricultural; game preserves; wild fowl
refuges; pedestrian walkways; bicycling and bridle trails (excluding
motorized cycles and all-terrain vehicles or similar motorized vehicles);
stream preservation; and watershed protection or flood control areas.
(7)
In certain circumstances, the land area equal to a minimum of 20%
of the tract of land proposed for development to be set aside for
conservation, open space, recreation and park area or other public
purposes can be satisfied by the utilization of noncontiguous parcels
of land. The Planning Board shall retain sole discretion in determining
the suitableness of utilizing noncontiguous parcels to satisfy this
section.
(8)
Provisions made with respect to any proposed cluster development
for open space and recreational areas shall be reviewed, found adequate
and approved by the Planning Board. In its review, the Planning Board
shall investigate the size of parcels devoted to open space and recreational
areas, their location within or outside of the project, the topography,
the uses contemplated upon such open space and recreation areas, configurations
of the parcels under consideration, facilities and improvements to
be provided, the provisions made for maintenance and access to said
parcels, traffic flow around said parcels, the ecological aspects,
the staging or timing of the open space and recreational area development,
and how various categories of recreational facilities or open space
and their location will be proportionally related to the staging of
development of housing units, if such staging is proposed. The Planning
Board shall make detailed findings concerning the adequacy or inadequacy
of the aforesaid items in conformity with the provisions of this chapter
and any adopted Township Master Plan. The provisions made shall be
deemed adequate if the Planning Board determines that:
(a)
Portions of the open space and recreational area are readily
accessible to all residential dwelling units;
(b)
The uses being designated for open space and recreational areas
are reasonably related to and appropriate and sufficient to meet the
needs of the project's residents for a variety of uses appealing to
all socioeconomic levels and age groups;
(c)
The uses being designated for open space and recreational areas
will be functional upon the arrival of the residents who will use
them;
(d)
The topography of the land is suitable for the uses contemplated,
and the uses will not be detrimental to the ecology of the area; and
(e)
The open space and recreational areas are conveniently and appropriately
designed with regard to the project's pedestrian and vehicular traffic
patterns to provide access to, in, around and from the uses proposed.
(f)
In addition to the foregoing criteria, if the required open
space is provided on one or more noncontiguous parcels, such areas
shall be reviewed, found adequate, and approved by the Planning Board.
Since the intended use of noncontiguous parcel or parcels may not
be exclusively devoted to the residential development, such use and
other provisions must satisfy other stated goals and objectives of
any adopted Township Master Plan with regard to the use of the parcel,
convenience, recreational uses, open space or other purposes benefiting
the residents of the Township as a whole.
(9)
The Planning Board shall find that the restrictions, covenants or
other legal devices designed to preserve open space and recreational
areas for the uses initially proposed, to protect open space and recreational
areas from erosion into other uses, and to confine open space and
recreational areas to the uses approved are adequate for such purposes.
(10)
While nothing herein contained shall be deemed to require that,
as a condition of cluster development project approval, a developer
must make available lands for public use which are proposed as open
space and recreational areas, the Township may, at any time and from
time to time, accept the dedication of said land or any interest therein
for public use and maintenance where a free and uncoerced offer is
made by the developer. That said offer is free and uncoerced shall
be established on the record of any public meeting wherein said offer
is made. Lands offered to the Township shall meet the following requirements:
(a)
Lands offered for recreational purposes shall be improved by
the developer, including equipment, walkways and landscaping, in order
to qualify the lands for acceptance by the Township.
(b)
Any land offered to the Township shall be optimally related
to the overall plan and design of the development or Township Open
Space Plan goals and objectives and improved to best suit the purpose(s)
for which it is intended.
(c)
The lands offered to the Township shall be subject to review
by the Planning Board, which, in its review and evaluation of the
suitability of such land, shall be guided by the Master Plan of the
Township, by the ability to assemble and relate such lands to an overall
plan, and by the accessibility and potential utility of such lands.
The Planning Board may request an opinion of other public agencies
or individuals as to the advisability of the Township's accepting
any lands to be offered to the Township.
(d)
Every parcel of land offered to and accepted by the Township
shall be conveyed to the Township by deed at time of submission of
the final plan to the Township for review and approval. The deed shall
contain such restrictions as may reasonably be required by the Planning
Board to effectuate the plan hereinabove pertaining to the use of
such areas. Should the subdivision consist of a number of development
stages, the Planning Board may require that acreage proportionate
in size to the stage being considered for final approval be donated
to the Township simultaneously with the granting of final subdivision
approval for that particular stage, even though these lands may be
located in a different section of the overall development.
(e)
The minimum size of each parcel offered to the Township shall
be five acres.
(11)
Any lands intended for use as open space or recreational areas and not to be dedicated to the Township or other public agency shall have a deed restriction approved by the Township Attorney, specifying that it will be permanently devoted to one or more of the various open space or recreational uses approved by the Planning Board. There also shall be incorporated into the deed for said open space or recreational lands a reversion clause, also approved by the Township Attorney, arranged in favor of the Township, stating that in the event the private open space or recreational use ceases to function for a period of one year said lands shall be subject to the provisions of § 405-62A(14) contained herein.
B.
Prior to approval of a cluster development project, the Planning
Board shall find the following facts and conclusions:
(1)
That departures by the proposed development from the zoning regulations
otherwise applicable to the subject property conform to the standards
of this section.
(2)
That the proposals for maintenance and conservation of the common
open space are reliable and that the amount, location and purpose
of the common open space are adequate.
(3)
The noncontiguous site is suitable.
(4)
The Township agrees to accept public dedication of the open space.
(5)
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.
(6)
That the proposed development will not have an unreasonably adverse
impact upon the area in which it is proposed to be established.
(7)
In the case of a 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.[1]
[1]
Editor's Note: Former § 98-28, Duplexes and semidetached
houses, as amended, which immediately followed this section, was deleted
5-4-1995 by Ord. No. 435. Former § 98-28.1, Flea markets,
auctions and outdoor sales, added 9-1-1988 by Ord. No. 316 and which
immediately followed former § 98-28, was deleted 8-2-1990
by Ord. No. 360.
[Amended 9-1-1988 by Ord. No. 316]
Gasoline stations and repair garages, which include facilities
or structures used for the painting of motor vehicles, may be established
when they meet the following conditions:
A.
In addition to site plan details required by § 405-76, the site plan submitted in connection with an application for a gasoline station or repair garage shall also include:
(1)
The location of all fuel tanks and pumps;
(2)
The dimensions and capacity of each tank;
(3)
The depth the tanks will be placed below ground level;
(4)
The location and use of all structures, principal and accessory,
to be constructed; and
(5)
The location and number of automobiles or motor vehicles in need
of service which are to be garaged or parked on the premises.
B.
No motor vehicle gasoline or service station or repair garage shall
be located within 200 feet of the entrance of a school, recreational
area or facility, library or hospital. Such distances shall be measured
in a straight line from the property line of referenced structures,
areas or facilities to the station or garage lot line nearest said
structure, area or facility along the street line.
C.
It is intended that gasoline or service stations and repair garages
be designed compatibly with other permitted commercial and industrial
uses in the zone district in which they are proposed to be located,
that they not be stripped along the available highway frontage or
at more than two quadrants of any intersection and that they be included
within shopping centers and in industrial parks as an integral part
of the overall design. Ingress and egress shall be designed to recognize
turning movements generated. These access points shall be coordinated
with the access points required for adjacent or nearby uses and the
frequency of intersecting side streets.
D.
Any part of a property or site to be used for the repair of vehicles,
dispensing or changing of fluids, prolonged motor vehicle idling or
painting of vehicles shall not be located in any floodplain or within
100 feet of a residence, church, school, library, eating establishment
or health-care facility unless undertaken entirely within an enclosed
structure.
E.
All fuel pumps shall be located at least 35 feet from any property
line. All fuel tanks shall be installed underground and shall be located
at least 30 feet from any property line. The spacing between any two
pumping islands and between any islands and any structure shall be
subject to the review and approval of the Planning Board or Township
Engineer.
[Amended 1-19-1996 by Ord. No. 449]
F.
All storage areas shall be suitably screened, and no vehicles shall
be stored on site which are not awaiting repair work. Facilities for
trash disposal shall be provided and, where necessary, screened. No
junked automobiles or parts thereof and no unregistered motor vehicles
shall be permitted outside an enclosed building. In the case of repair
garages which are part of or established in conjunction with the sale
of motor vehicles and the sale or repair of farm equipment or machines,
unregistered vehicles may be stored outside a structure on designated
sales areas.
G.
As a minimum, screening as required in §§ 405-29 and 405-62A(4) shall be required along any property line adjoining a residentially zoned or used property. The Planning Board may require additional buffering or other protective measures as necessary to protect surrounding properties from the effect of light, noise or air pollution generated on the site.
H.
Any part of the site proposed for a gasoline or service station or
repair garage subject to access by motor vehicles shall be paved or
provided with a dustless, hard surface. The areas used for the dispensing
of gasoline or other fuels shall be paved with a hard surface and
sufficient drainage to contain and collect for proper disposal any
spills of said liquids should they occur.
I.
Except in the case of farm equipment machinery, recreational vehicles
or boats, all work on vehicles or boats involving body or hull repairs,
removal of engines or transmissions, or painting shall be performed
in an enclosed, ventilated building or structure.
J.
Driveways shall not be more than 24 feet at property lines and curblines
and shall be located at least 10 feet from the intersection of street
right-of-way lines. Driveway entrances shall be paved with portland
cement or asphaltic concrete.
K.
Accessory goods for sale may be displayed in the building and on
the pump island(s). All other exterior display and parking of equipment
for rent or sale shall be permitted, provided that the area devoted
to the purpose is in addition to the minimum lot size required for
a gasoline or service station or repair garage; the area devoted to
this purpose does not exceed 20% of the total area of the entire site;
the maximum sign area for the station or garage is not exceeded; and
the location of the equipment being rented or sold does not interfere
with the required off-street parking requirements for the service
station and does not interfere with the on-site traffic circulation
indicated on the approved site plan.
L.
All gasoline stations and/or repair garages shall be provided with
adequate and sufficient facilities, equipment and structures and shall
be designed to ensure against degradation of or adverse effects to
the environment and adjacent land uses within 500 feet of the property
involved. Such facilities and equipment include storage tanks for
used motor oil or petroleum products, emission control and air quality
devices and separate disposal systems designed to properly handle
wastewaters used in connection with such uses, including motor vehicle
cleaning.
M.
In addition to complying with all the requirements listed in § 405-39A through K, car washes shall also meet the following standards:
(1)
Sufficient on-site area shall be provided to permit cars or other
vehicles waiting for service. Such waiting areas shall be suitably
screened from adjoining properties.
(2)
All wastewater generated from such uses shall be recycled, and such
wastewater not able to be recycled shall be disposed of in a public
wastewater system or an approved on-site disposal system designed
to handle such flows and prevent degradation of groundwater supplies.
No wastewater will be allowed to leave the site through surface runoff
or storm drains.
N.
All gasoline service stations shall provide public rest room facilities
for their patrons' use.
[Added 1-19-1996 by Ord. No. 449]
Industrial parks may be established on minimum parcels of 50
acres or more. All industrial parks shall conform to the following
standards:
A.
Industrial or commercial uses shall be limited to those uses permitted
by right in a GI General Industry District and listed as principal
and conditional uses in a GI General Industry District as shown on
the Schedule of District Regulations.[1] The Planning Board may permit other commercial or industrial
uses if said proposed use does not subvert the intent or purpose of
the GI District.
[1]
Editor's Note: The Schedule of District Regulations is included at the end of this chapter.
B.
Any industrial park shall be subject to subdivision review and shall
obtain approval of the Planning Board for any parcel within said park
to be sold, leased or otherwise established and utilized for an industrial
or commercial use as permitted by this section.
C.
In reviewing any proposed industrial park, the Planning Board shall
either determine that no adverse effects will result from such development
or make such requirements as deemed reasonable and necessary to minimize
or eliminate any adverse effects.
D.
The minimum road right-of-way in an industrial park shall be 60 feet.
E.
Industrial parks shall have a buffer strip established around the
perimeter of the park which shall be a minimum of 50 feet wide and
landscaped as specified by the approving authority. Said buffer may
be utilized in computing minimum setback requirements in connection
with any single tract within the park.
F.
The minimum tract or lot size within an industrial park shall be
two acres. The approving authority shall be guided by the minimum
and maximum building standards for individual sites within an industrial
park as set forth in the Schedule of District Regulations.[2]
[2]
Editor's Note: The Schedule of District Regulations is included at the end of this chapter.
G.
Sites proposed for industrial parks shall have access to major transportation
arteries and utilities.
[Amended 9-1-1988 by Ord. No. 316]
The keeping of animals and/or livestock and the use and operation
of kennels and/or animal hospitals shall be in accordance with the
following.
A.
For purposes of this chapter, animals and livestock shall be separated
into the following classifications:
(1)
Class I animals: horses, ponies, donkeys or any other animals belonging
to the biological order of perissodactyla.
(2)
Class II animals: cattle, pigs, goats, sheep or other animals commonly
referred to as "livestock."
(3)
Class III animals: any feathered vertebrate animal, including but
not limited to chickens, geese, ducks, turkeys, hens, pheasants or
other animals commonly referred to as "barnyard fowl."
(4)
Class IV animals: dogs, cats, parakeets, parrots, small pet birds,
hamsters, guinea pigs and similar or usual domestic pets.
(5)
Class V animals: fox, mink, fur-bearing animals, including rabbits
except when one or two are kept as domestic pets, monkeys or other
wild animals which by state or federal law require a license to be
kept in captivity.
B.
The keeping of animals and/or livestock shall be permitted as per
the Schedule of District Regulations,[1] provided that the following requirements are met:
(1)
Not more than one Class I animal shall be kept on a lot of at least
two acres in size, provided that said animal is kept enclosed in a
pen or corral containing not less than 5,000 square feet in area.
Each additional Class I animal shall require an additional acre in
lot area and an additional 2,000 square feet of pen or corral space.
At a minimum, box stalls of 100 square feet and/or straight stalls
of five feet by eight feet per animal shall be provided. No animal
shall be housed or manure stored closer than 100 feet to any adjacent
property line.
(2)
In any residential district on a lot of at least one acre in size,
not more than two Class II animals (except pigs) or 12 Class III animals
may be kept, except in the case of cattle, wherein the lot size shall
be no less than three acres. The keeping of pigs shall be prohibited
in all residential zoning districts. All such animals shall be kept
enclosed in a pen, corral or other suitable enclosure with appropriate
animal housing provided. No animal shall be housed or manure stored
closer than 100 feet to any adjacent property line.
(3)
The keeping of Class IV animals shall be permitted in all zoning
districts, provided that the breeding and sale of such animals may
be determined a commercial use by the Zoning Officer based upon the
number of animals involved within a reasonable time period and the
use of property or structures thereon for such activity. When so determined
a commercial activity, the property owner shall be subject to the
requirements of this chapter for such commercial activity, including
site plan review.
(4)
All fencing in connection with the enclosure of animals shall be
installed no less than 10 feet from adjacent property lines and at
least 50 feet from the nearest dwelling, excluding the owner's.
(5)
In computing the acreage required for the keeping of animals or livestock, each class of animal as set forth herein shall be computed separately, resulting in a cumulative total. Subsection B(1) through (6) shall not apply to any agricultural district or any farm, as defined by this chapter, except that the keeping, breeding or sale of all Class V animals shall be prohibited in all zone districts within the Township of Upper Deerfield.
[Amended 12-19-1991 by Ord. No. 381]
(6)
An apiary shall be permitted on any lot of at least two acres in
size, provided that bees kept for the production of honey shall be
housed no less than 100 feet from the nearest dwelling, except the
hive owner's, and bees kept for other purposes shall be housed no
less than 200 feet from the nearest dwelling, excluding the owner's.
All hives shall be located at least 25 feet from any property line.
(7)
Kennels, small animal grooming shops, animal hospitals or any place
wherein animals may be boarded for a fee are permitted as provided
in the Schedule of District Regulations[2] on parcels of at least five acres in size, unless such
use is contained in a fully enclosed, soundproof building, wherein
area, yard and building requirements of the zone district in which
it is located shall apply. Wherever permitted, the following requirements
shall apply:
(a)
Animal runs and any other outdoor animal areas shall be no less
than 50 feet from adjacent property lines.
(b)
Off-street parking facilities shall be provided on the premises
in such quantity as shall be determined by the Planning Board.
(c)
Adequate screening shall be required.
(d)
Any such use shall be free of noise, odor or other objectionable
nuisances, and in granting approval conditions may be imposed upon
an applicant to eliminate or reduce any such nuisances.
(e)
Pet shops, riding academies or establishments and animal obedience
and training schools are considered commercial uses and are not covered
by this section.
[2]
Editor's Note: The Schedule of District Regulations is included at the end of this chapter.
(8)
Poultry, fowl or turkey farms may be established wherever agricultural
use/purpose activities are permitted in accordance with the Schedule
of District Regulations,[3] provided that they meet the following conditions:
(a)
All applications for poultry, fowl or turkey farms or the raising
and breeding of any Class III animals shall be accompanied by a written
opinion of the County Agricultural Agent concerning the possible nuisance
characteristics of such use and recommended measures for adequately
dealing with them. Such opinion shall be reviewed by the Planning
Board and, where deemed appropriate, made a condition of approval.
Site plan review shall not be required in connection with any such
proposed use; however, the applicant shall provide a drawing to scale
of the proposed use and a written statement detailing the purpose
of the operation, the manner in which the animals will be housed,
methods for recycling or disposing of manure, the number of animals
to be kept in relation to the size of the parcel, all building or
range areas, property line setbacks and proposals for regular rotation
and cropping of range areas, including schedules.
(b)
Any such use must meet the following conditions:
[1]
Turkeys are to be raised only inside entirely enclosed buildings.
[2]
Minimum parcel size shall be 10 acres when animals are to be
outside.
[3]
Surface runoff from range areas shall be retained on site.
[4]
Fencing or other barriers are to be erected to catch debris
or feathers from being blown off the site to whatever practical extent
possible.
[3]
Editor's Note: The Schedule of District Regulations is included at the end of this chapter.
[1]
Editor's Note: The Schedule of District Regulations is included at the end of this chapter.
[Amended 9-1-1988 by Ord. No. 316; 2-15-2018 by Ord. No. 771]
A.
Resource extraction and the removal of sand, gravel, rock, earth, minerals, clay or other burden shall not be permitted in any zone in Upper Deerfield Township except as otherwise provided in Subsection B hereof.
B.
The following activities are not precluded by the provisions of Subsection A above:
(1)
The excavation, stockpiling and moving of soils as may be permitted
activities on commercial farms pursuant to the Right to Farm Act provided
for in N.J.S.A. 4:1C-1 and regulations promulgated thereunder;
(2)
The extraction, use, movement and removal of soils and earth materials
as may be necessary pursuant to approved and validly existing construction
permit and/or valid site plan approval subject to the requirements
of the Cumberland Soil Conservation District.
(3)
Excavations and grading for yards, sidewalks, drainage ditches, sewage
disposal systems or other minor yard improvements.
(4)
All existing approved sanitary landfill operations which are in conformance
with all applicable federal, state and local statutes, regulations
and ordinances.
(5)
New streets, roadways or driveways where regulated by other ordinances.
(6)
Excavations made by Upper Deerfield Township, the County of Cumberland
or the State of New Jersey or by their agents, servants and/or employees
as part of construction of public improvements, such as streets, highways,
drainage, sewers, water lines or other similar projects.
(7)
Underground utility lines within the bounds of the public streets
and roadways.
C.
Activities qualifying for continuation as valid, preexisting, nonconforming
resource extraction uses.
(1)
For resource extraction operations to qualify for continuation pursuant to the provisions of Subsection D below, it:
(a)
Shall have been in operation prior to the date upon which this
section was adopted; and
(b)
Shall have obtained conditional use and site plan approvals
from the Upper Deerfield Land Use Board prior to the date of the adoption
of this section; and
(c)
Shall have been operated in compliance with all prior approvals
and permits; and
(d)
Shall have paid all fees and monies due Upper Deerfield Township
for permits, site plan applications and escrows as required by the
ordinance in effect at the time of approval; and
(e)
Shall not have been abandoned.
D.
Continuation of valid pre-existing resource extraction operations.
(1)
The continuation of valid pre-existing resource extraction operations,
as defined herein, shall be subject to the following requirements.
(a)
Periodic review and approval by Upper Deerfield Township Planning
Board.
[1]
As required by § 405-42D(2) and as a condition of the issuance of the permits by Township Committee pursuant to that section, the landowner shall have made application to and received the approval of the Upper Deerfield Township Planning Board within three years of the date of the last Planning Board review and/or approval confirming that the continued operations meet the requirements of the prior approvals and this section.
(b)
No expansion of resource extraction operations.
[1]
The resource extractions operation shall be limited to those
areas approved prior to the adoption of this section, and shall not
be expanded beyond those areas approved on the parcel subject to the
approval, and shall not expand into any contiguous parcel.
(2)
Application requirements for Planning Board periodic review.
(a)
Requirements for submission to the Planning Board of an application
for periodic review shall include the following:
[1]
The name and address of the applicant; if the applicant is a
partnership, the partnership name, business address, together with
the names of all partners and their residential addresses and the
date and state under which organized; if the applicant is a corporation,
the name of the corporation, the place of business of such corporation,
the date and state of incorporation, the names and addresses of all
officers and the positions held in such corporation, together with
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 name and address of the legal representative
of the corporation. If a foreign corporation, whether the same is
authorized to do business in the State of New Jersey.
[2]
If the owner is not the applicant, written consent of the owner
to the application and proposed excavation and soil removal shall
be submitted with the application as well as a statement of the relationship
between the owner and the applicant. The name and business address
of the owner, if an individual; the name, residence and business address
of each partner, if a partnership; the name, date and state under
which organized, if a corporation, and if a foreign corporation, whether
the same is authorized to do business in the State of New Jersey.
A corporate applicant shall indicate the names of directors, principal
officers and local representatives and their business addresses.
[3]
A detailed description of the premises and its location, together
with the Upper Deerfield Township Tax Map block and lot number or
numbers and current zoning designation.
[4]
Four copies of a survey and site plan of the premises for which
the periodic review approval is sought, prepared by a licensed engineer
and surveyor licensed by the State of New Jersey at a scale of not
more than 100 feet to the inch, showing the following information:
[a]
Property boundaries, existing topographical contour
lines of the land involved and abutting lands and roads within 500
feet.
[b]
A copy of the United States Geological Survey quadrangle
sheets showing topographical information within one mile of the premises;
the proposed topographical contour grades which will result from the
intended soil removal; all roads and buildings, streams and bodies
of water within 500 feet of the premises.
[c]
The names and addresses of adjoining landowners
within 300 feet.
[d]
Existing water drainage conditions and water levels
depicting on-site drainage collection and distribution.
[e]
All wooded areas.
[f]
The limit of the area or areas on the premises
within which the soil operations or removal is to be conducted and
the dimensions of the premises or lot.
[g]
The existing elevations of the lands, buildings,
structures, streets, streams, bodies of water and watercourses on
the premises or lot and the proposed final elevations at each point
where existing elevations are shown on the map which are to be changed
as a result of completion of the proposed work.
[h]
The proposed slopes and lateral supports at the
limits of the areas, upon completion of the excavations and soil removal
operations.
[i]
The proposed provisions and facilities for water
drainage of a requisite on-site sedimentation pond which shall collect
all drainage from the site.
[j]
The location and approximate quantities of topsoil
stockpiles.
[k]
The location of any existing wetlands or stream
encroachment lines.
[l]
An accurate cross-section or sections showing the
location or locations and quantities, in cubic yards, of soil to be
removed.
[5]
Plans showing the place or places where the entrances or exits
to the excavation or area of soil removal operation fences or buildings
are to be located. The plan should contain a map indicating the planned
routes for all trucks entering or leaving the facility. The map shall
identify routes through the Township to reach major thoroughfares
in or around Upper Deerfield Township. The proposed routes shall be
selected with safety in mind, but shall attempt to minimize truck
traffic through or around residential developments, recreation areas
or narrow (less than twenty-four feet wide) roads. Truck routes will
be distributed at least quarterly to all truck drivers or operators.
Post a permanent sign at the entrance and/or exit which states "Designated
Truck Routes Must Be Obeyed." This information may be included on
the survey and site plan.
[6]
A statement of the type of equipment and apparatus to be used
in the excavation and soil removal operations.
[7]
The applicant's best estimate of the total cubic yards of soil
to be removed pursuant to the permit and the number and location of
acres to be mined during the permit year.
[8]
The applicant's best estimate of the period of time for which
the excavation or soil removal operations will be conducted and the
removal completed.
[9]
A reclamation plan for the eventual rehabilitation and use of
the site covered by the permit after the resources have been removed,
which conforms to the terms of this chapter. Such a plan, at a scale
of not less than one inch to 100 feet, showing topographic contour
intervals at not less than 10 feet, should be adaptable to the particular
surroundings and in general agreement with the Township Master Plan,
as adopted. The plan shall show the proposed treatment of the channel
of any stream within the rehabilitation area and limits of excavation
which will protect, as much as is reasonably possible, the natural
or improved channel and any adjacent wooded areas considered vital
to the function of the rehabilitated area.
[10]
A twenty-four-hour telephone number for use in
case of emergency and the name, address and phone number of the person
having direct charge or supervision of the operation.
[11]
A copy of the soil erosion and sediment control
plan which has been approved by the Cumberland County Soil Conservation
District pursuant to N.J.S.A. 4:24-39 et seq. No action shall be taken
on any application prior to the submission of this approved plan.
[12]
An environmental impact statement in conformance with § 405-42D(2)(a)[15] of this section.
[13]
A buffer/landscape plan in conformance with § 405-42D(4)(a)[10] of this section.
[14]
Notice to property owners within 200 feet of the
boundaries of the property for which the periodic review approval
is sought in accordance with the provisions of N.J.S.A. 40:55D.
[15]
An environmental impact statement prepared in
accordance with 42 U.S.C. § 4331 et seq. in the following
form and including the following information.
[a]
Purpose. The environmental impact statement shall
provide a full and fair discussion of significant environmental impacts.
Statements shall be concise, clear and to the point and shall be supported
by evidence that the applicant has made the necessary environmental
analysis.
[b]
Implementation. To achieve the purposes in Subsection
D(2)[15][a], applicants shall prepare environmental impact statements
in the following manner:
[i]
Environmental impact statements shall be analytic
rather than encyclopedic.
[ii]
Impacts shall be discussed in proportion to their
significance. As in a finding of no significant impact, there should
be only enough discussion to show why more study is not warranted.
[iii]
Environmental impact statements shall be kept
concise. Environmental impact statement shall include a four-season
study of the impact and effect of the operation on the environment
and shall include a twenty-year projection and impact analysis.
[iv]
Environmental impact statements shall serve as
the means of assessing the environmental impact of proposed applicant's
actions.
[v]
All factual representatives contained in the statement
shall be under oath or affirmation.
[vi]
Timing. An applicant shall commence preparation
of an environmental impact statement as close as possible to the time
the applicant will submit his application for renewal of a permit
so that preparation can be completed in time for the final renewal
statement to be included with the permit application.
[c]
Writing. Environmental impact statements shall
be written in plain language and may use appropriate graphics so that
decision makers and the public can readily understand them.
[d]
Applicants shall use a format for environmental
impact statements which will encourage good analysis and clear presentation
of the alternatives included in the proposed action. The following
format should be followed unless there is a compelling reason to do
otherwise:
[e]
Cover sheet. The cover sheet shall not exceed one
page. It shall include:
[i]
The title of the proposed action that is the subject
of the statement.
[ii]
The name, address and telephone number of the
person who can supply further information.
[iii]
A designation of the statement as a draft, final
or draft or final supplement.
[iv]
A one-paragraph abstract of the statement.
[f]
Summary. Each environmental impact statement shall
contain a summary which adequately and accurately summarizes the statement.
The summary shall stress the major conclusions, adverse impacts and
the issues to be resolved. The summary should normally not exceed
10 pages.
[g]
Affected environment. The environment impact statement
shall succinctly describe the environment of the area(s) to be affected.
Data and analyses in a statement shall be commensurate with the importance
of the impact, with less important material summarized, consolidated
or simply referenced. Verbose descriptions of the affected environment
are themselves no measure of the adequacy of an environmental impact
statement.
[h]
Unavoidable adverse impacts. This discussion will
include the environmental impacts of the proposed action, any adverse
environmental effects which cannot be avoided should the proposal
be implemented, the relationship between short-term impacts on the
immediate site environs and the maintenance and enhancement of long-term
productivity and any irreversible or irretrievable commitments of
resources which would be involved in the proposal should it be implemented.
It shall include discussions of:
[i]
Direct effects and their significance.
[ii]
Indirect effects and their significance.
[iii]
Possible conflicts between the proposed action
and the objectives of local land use plans, policies and controls
for the area concerned, including a discussion of possible conflicts
between the proposed action and the objectives of the New Jersey Department
of Environmental Protection.
[iv]
Energy requirements and conservation potential
of various alternatives and mitigation measures.
[v]
Natural or depletable resource requirements and
conservation potential of various alternatives and mitigation measures.
[vi]
Means to mitigate adverse environmental impacts.
[i]
List of preparers. The environmental impact statement
shall list the names, together with their qualifications (expertise,
experience, professional disciplines), of the persons who were primarily
responsible for preparing the environmental impact statement or significant
background papers, including basic components of the statement. Where
possible, the persons who are responsible for a particular analysis,
including analyses in background papers, shall be identified.
[j]
Appendix. If an applicant prepares an appendix
to an environmental impact statement, the appendix shall:
(3)
Zoning standards applicable to continued use.
(a)
The zoning standards applicable to the continued operations
of resource extraction activities shall include the following, except
where an existing resource extraction operation has been granted site
plan approval by the Upper Deerfield Township Planning Board, wherein
the approved site plan shall control:
[2]
The site is at least 25 acres in size, unless it is contiguous
to lands already used by an active land mining operation, in which
case the coordination of restoration plans between the new and existing
uses will be required. When considering such coordination, the Planning
Board shall require that both tracts involved are in the same ownership
or that binding agreements exist between property owners to assure
such coordination.
[3]
The site has sufficient arable topsoil stored on site for restoration.
Such topsoil stockpiles shall be treated, planted and graded so as
to protect the same from wind and water erosion.
[4]
The site is fenced or blocked so as to prevent unauthorized
entry into the resource extraction operation area.
[5]
The site is designed so that surface runoff will be maintained
on the parcel involved in a manner that will provide for on-site recharge
to groundwater.
[6]
The operation will be carried out in accordance with an excavation
schedule which depicts an anticipated sequence, as well as anticipated
length of time, that each twenty-five-acre unit of the parcel proposed
for excavation will be worked.
[7]
The plan includes restoration of disturbed areas at the completion of the resource extraction operation in accordance with the provisions of § 405-42D(4)(a)[23] herein.
[8]
The plan will not involve clearing adjacent to ponds in excess
of 20 acres or an area necessary to complete scheduled operations
or will not involve unreclaimed clearing exceeding 150 acres for surface
excavation at any time.
(4)
Design and performance standards applicable to continued resource
extraction operations.
(a)
The continued resource extraction operations pursuant to the terms of this section and Chapter 312 of the Township Code shall meet the following design and performance standards, except where an existing resource extraction operation has been granted site plan approval by the Upper Deerfield Township Planning Board, wherein the approved site plan shall control:
[1]
Appearance. Permitted excavations shall be operated in a neat and orderly manner, free of junk, trash or unnecessary debris. Buildings shall be maintained in a sound condition, in good repair and appearance. Weeds shall be cut as frequently as necessary to eliminate fire and health hazards, and nonoperative vehicles and equipment shall be safely stored for periods not exceeding six months. Storage or placement of materials on site other than subsoil and topsoil which originated from the lot shall only be as allowed and approved by the Planning Board Engineer. Such storage of materials shall be identified on the topographical map submitted with the periodic review application pursuant to § 405-42D(2)(a)[4]. Storage of such materials shall not interfere with the timely stabilization or final restoration of the site.
[2]
Control of dust. Permitted excavations shall be operated so
as to reduce dust to a minimum. Unless otherwise specified by the
Township Engineer, operations shall be conducted in accordance with
the following standards:
[3]
Access roads shall be maintained in a reasonably dust-free condition.
In order to minimize dust, access roads shall be paved. Areas used
for the movement of haulage vehicles and mobile equipment closer than
100 feet to the point at which haulage vehicles are to be loaded shall
be sprinkled with water as frequently as necessary to reduce the stirring
of dust and soil to the minimum level possible.
[4]
The owner and operator of a land mining, earth and resource extraction operation shall be responsible for cleanup of any earth, dust or other accumulation deposited upon the public roadways by any motor vehicle, truck or common carrier traffic picking up or discharging extracted resources. The Township Public Works Department may conduct such cleanup and assess costs of the same against the owner and/or operator of the operation after giving three days' notice to the owner and/or operator that cleanup of the roadway is required for the health, safety and welfare of residents and travelers upon the roadway. Failure to pay the cost of removal within 30 days of billing shall be a further violation of this section and shall be a cause for suspension of a permit pursuant to Chapter 312 of the Township Code.
[5]
The owner or operator of a land mining, earth and resource extraction
operation shall insure that vibration and dust occurring from the
extraction of resources or from the operation of equipment or structures
incident to the same are properly maintained and operated so as to
utilize muffling or insulating devices to minimize vibration and conducted
in such a way as to reduce or eliminate dust, including the spraying
of water on and at the extraction point in dusty conditions.
[6]
Noise and vibration. Excessive noise is prohibited. All activities
shall conform to the applicable state noise regulations under the
Noise Control Act of 1971, N.J.S.A. 13:1G-1.
[7]
Machinery utilized in the daily operations at the mine will
feature "white noise" reverse beepers.
[8]
Idling and standing by. The owner and operator of a resource extraction operation shall clearly mark all entranceways to the premises sufficiently to give warning to any and all motor vehicle, truck or common carrier traffic picking up or discharging extracted resources that idling or standing prior to the hours of operation listed in § 405-42D(5) of this section is prohibited. The owner and operator a motor vehicle, truck or common carrier traffic picking up or discharging extracted resources shall not idle or stand at the entrance to a land mining, earth and resource extraction operation prior to the hours of operation listed in § 405-42D(5) of this section.
[9]
Protection of streams and water-bearing strata. Permitted excavations
shall be conducted in a manner so as to keep adjacent streams, percolation
ponds and water-bearing strata free from undesirable obstruction,
silting, contamination or pollution of any kind, and shall not involve
excavation below the seasonal high-water table. If the permit holder
and Planning Board Engineer cannot agree on soil erosion and sediment
control measures to be followed, any controversy shall be referred
to the New Jersey Soil Conservation Service for resolution.
[10]
Buffer and landscaping. The owner and permit holder
shall maintain a protective buffer zone for the duration of the mining
operation, which shall consist of a strip of land not less than 75
feet in width adjacent to all property lines designed as follows.
[a]
The buffer adjacent to public roads shall be designed
as follows:
[i]
All portions of a frontage landscape strip shall
be planted in trees, shrubs, grass or ground cover, except for those
ground areas that are mulched. Trees may be clustered for decorative
effect following professional landscaping standards for spacing, location,
and design. An earth bank or berm may be a part of the protective
landscaped buffer zone.
[ii]
Trees shall be provided within the frontage landscape
strip at the rate of one tree for every 25 feet to 40 feet of street
frontage, or portion thereof (excluding driveways) depending on tree
height at maturity. Trees must be of a type that is suitable to local
growing conditions.
[iii]
Upon planting, new trees shall have a caliper
of no less than 2.5 inches, and may be clustered for decorative effect
and environmental benefit following professional landscaping standards
for spacing, location, and design.
[iv]
Trees and shrubs in the frontage landscape strip are not to extend into the street right-of-way, nor interfere with the sight triangle requirements specified in § 405-18 of the Zoning and Development Code for street and driveway intersections.
[v]
Shrubs are to be provided within the frontage landscape
strip at the rate of 10 shrubs for every 60 feet of street frontage,
or portion thereof (excluding driveways). Shrubs must be at least
18 inches tall at the time of planting.
[vi]
Trees planted in the frontage strip shall not
be located beneath overhead electrical wires.
[b]
The buffer adjacent to side and rear property lines
shall be designed as follows:
[i]
Buffers may be comprised of earth berms, fences,
and landscaping, which shall be of a sufficient quantity, species
and size to add some protection from noise, dust, fumes and the like.
The buffering shall be designed to insure a year-round high and low
visual screen and consist predominantly of native evergreen and deciduous
trees and shrubs. Any physical barriers to be constructed, such as
fencing, shall be constructed within the buffer area.
[ii]
Two or more species of evergreen and deciduous
trees are to be provided to reduce the effects of potential tree disease
and to provide a more naturalized buffer.
[iii]
If shade trees are to be installed, they shall
be provided in the buffer at the rate of one tree per 1,000 square
feet of buffer area.
[iv]
Landscaping buffers shall be designed to block
75% of all views from one side to the other within five years after
planting.
[v]
An earth bank or berm may be a part of the protective
landscaped buffer zone. The Planning Board Engineer shall approve
the design of the earth bank or berm and same shall be landscaped,
stabilized and maintained.
[11]
The Planning Board Planner shall approve all items
to be installed or planted.
[12]
Blasting. Blasting shall not be permitted in conjunction
with any approval issued under this chapter.
[13]
Erosion. Throughout the duration of the mining
operation, the owner and permit holder shall construct and maintain
an earth bank or berm or whatever is necessary in the determination
of the Planning Board Engineer and in compliance with the soil erosion
and sediment control permit, to prevent any erosion which may occur
from being carried onto public roads or watercourses or property of
others during the extent of the removal operation.
[14]
Tracking and spillage. The owner and permit holder
shall take reasonable precautions, including, but not limited to,
the covering of the material in the vehicle and installation of tracking
pads, to prevent the spilling of mine materials from and/or tracking
of same by vehicles used in conjunction with the mining operation
onto public roads or property. All such precautions shall conform
to the standards of the Soil Conservation Service.
[15]
Road maintenance. The permittee shall repair,
restore and repave that portion of the public road at the drive access
from time to time in accordance with the specifications and requirements
of the Township Engineer.
[16]
Fences.
[a]
In the case of any open excavation, there shall
be a fence, with suitable gates, completely enclosing the portion
of the property on which the excavation is located.
[b]
All such fences shall be of durable construction
and at least six feet in height. All such fences must be approved
by the Planning Board Planner. The fence shall be located at all points
40 feet or more distant from the edge of such excavation.
[c]
All barriers and gates employed by the owner or
permit holder for the purpose of blocking and/or restricting access
to ingress and egress points at mining operation sites shall conform
with the following standards:
[i]
Fences located within 75 feet of a public right-of-way
shall be black vinyl-coated chain link.
[ii]
A reflective strip a minimum dimension of six
inches in height shall be positioned across the entire face of the
barrier or gate. The reflective strip shall consist of alternating
diagonal stripes of white and international orange.
[iii]
The use of ropes, wires, chains, cables and similar-type
materials are prohibited for barrier or gate usage.
[17]
Sedimentation pond. Each owner and permit holder
shall maintain an on-site sedimentation pond which shall collect all
drainage from the site. The design of the sedimentation pond shall
conform to the standards of the Soil Conservation Service. The owner
and permit holder shall also provide for the adjustment of the pH
of the collected waters to conform to the Standards of the Soil Conservation
Service and the New Jersey Department of Environmental Protection
and Energy. The design of the pond and the provisions for the treatment
of the collected water shall be subject to the approval of the Planning
Board Engineer.
[18]
Acreage markers. During the term of any permit,
the limits of the acreage included in the permit shall be prominently
marked at the site of operation by markers at least five feet in height
above ground levels and painted a color to be designated by the Planning
Board Engineer so that the limits of the permit area shall be readily
identified. The lateral interval between said markers shall not exceed
400 feet in distance. No mining operation shall be conducted without
the above markers being in place. The Planning Board Engineer may
waive portions of this requirement when he deems it impractical to
mark the entire perimeter of the permit area.
[19]
Interim grading and stabilization. Any area of a lot which was previously mined or disturbed but not completed and which is not part of an area covered by a current mining permit issued pursuant to Chapter 312 of the Township Code shall be graded and stabilized within six months of the issuance of the current mining permit. Interim grading shall be as approved by the Planning Board Engineer and shall include sufficient topsoil to establish a temporary vegetative cover.
[20]
Acid soil (generally a pyrite-bearing material).
In order to provide suitable conditions for growth of vegetation and
to prevent the acidifying of drainage water with resultant damage
and destruction to aquatic life in those areas underlain with acid
formations with pH below 4.0, the following requirements shall be
met:
[a]
Grading shall be such that a minimum of acid formation
shall be exposed.
[b]
All exposed acid materials shall be covered with
a minimum of 12 inches of suitable subsoil in addition to a minimum
of five inches of topsoil which shall be sufficient to support a vegetative
cover. Topsoil shall have an organic content as specified herein.
The Planning Board Engineer may require the addition of lime to the
remaining topsoil to support vegetative growth, in his discretion.
[c]
Brooks and ditches with acid formation exposed
shall be surfaced with trap rock or other suitable material to prevent
water from flowing in contact with the acid material.
[d]
Ponds with exposed underwater acid formation shall
be treated with lime and phosphate as needed to establish a suitable
pH, and provisions shall be made for neutralization maintenance as
required.
[21]
Interim slopes and temporary grading. In the removal
of subsoil, the permit holder shall conduct the operations in such
a manner so that there shall be no sharp downward slopes, pits or
depressions. In order to eliminate dangerous slopes, faces and excavations
which may create conditions harmful to the health, safety and welfare
of the public, temporary grading and backfilling is required on a
daily basis.
[22]
Standards relating to production and processing.
[a]
All mining operations shall be conducted in a manner
not inconsistent with the rehabilitation plan and in such a manner
that the objectives of the plan may be realized after the sand and
gravel have been removed.
[b]
If overburden is stockpiled in either windrows
or concentrated piles, it shall be stabilized in a manner so that
it does not become a source of dust and dirt to adjacent property
owners. Topsoil, when practicable, shall be stockpiled separately
from the rest of the overburden.
[c]
No operation shall accumulate or discharge beyond
the property lines any waste matter in violation of the applicable
standards of the New Jersey State Department of Health.
[23]
Standards relating to land restoration.
[a]
The parties to the permit for extraction mining,
including any applicant, owner or operator are responsible for the
rehabilitation of the area is substantial compliance with the restoration
plan on file with the Township Planning Board.
[b]
Dry pit restoration. The dry pit may be backfilled
with sand, gravel, overburden, topsoil or other non-noxious, nonflammable,
noncombustible solids. For excavations backfilled and restored, the
following requirements shall be met:
[i]
The graded or backfilled area shall not permit
stagnant water to collect or remain therein.
[ii]
The finished topography and surface of the area
shall be in such a manner as to not be uncomplimentary with the surrounding
area and shall be consistent with the finished topography and surface
of adjacent lands and area to all practicable extent.
[iii]
The finished final condition of the area shall
be in substantial compliance with the restoration plan.
[iv]
Topsoil shall be restored in approximately the
same quality and quantity as existed at the time the resource extraction
operation was initiated. 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, but in
no case shall the finished final condition of the area permit stagnant
water to collect.
[v]
Any sedimentary pond or stormwater management basin
created by the resource extraction operation shall be restored to
the maximum extent practical to the conditions existing at the time
the resource extraction operation was initiated and in accord with
the restoration plan.
[vi]
All equipment, machinery and structures, except
for structures that are usable for any other use authorized for the
area, shall be removed within six months after the resource extraction
operation is terminated and restoration is completed.
[24]
Hours of operation. Unless modified by the Planning
Board, no land mining, earth and resource extraction operations pursuant
to this section shall be conducted before 6:00 a.m. nor after 4:30
p.m. Monday through Friday, nor before 7:00 a.m. nor after 1:00 p.m.
on Saturdays. There shall be no operations of any kind on Sundays
or on the following holidays: New Year's Day, Memorial Day, July 4th,
Labor Day, Thanksgiving Day and Christmas Day.
(5)
Inspections.
(a)
The owner and operator of a resource extraction operation shall
permit a minimum of two inspections per year of the premises by the
official charged with enforcement of this section for the purpose
of determining whether or not the owner and operator is in full compliance
with its permit as well as full compliance with all applicable ordinances,
statutes, and relevant administrative rules and regulations. At least
four days prior to conducting said inspection, the official charged
with enforcement shall provide the owner and operator with written
notice of their intent to conduct inspection. Said inspections of
the premises shall be permitted at any reasonable time by such person
or persons assigned to conduct such inspections. Such inspections
may include the depth of the pit, area already mined and extent to
which area not being mined is being reclaimed and/or stabilized. The
owner and operator shall pay any cost thereof, which costs shall be
included as part of the escrow fee which is deposited with the Township
or as guaranteed by a letter of credit.
(b)
The inspector shall issue an inspection report, in writing, to both the Planning Board and to the owner and operator within 20 days of any inspection pursuant to Subsection D(5)(a) above, and may, identify any conditions requiring correction and abatement. The inspector shall provide a copy of the inspection report to Township Committee. Upon receipt, the Township Committee may take such action as it deems appropriate to cure the violation and/or suspend or revoke the resource extraction permit.
[Amended 9-1-1988 by Ord. No. 316]
Seasonal agricultural employee housing may be constructed only
in connection with an ongoing agricultural operation wherein the residents
of such housing shall be employed. Such housing shall be designed,
constructed and utilized for habitation during the growing season
and shall not be occupied or utilized on a year-round basis. All such
housing shall conform to the following provisions:
A.
All housing shall be located on lands not classified as Class I or
Class II agricultural soils as delineated by the United States Natural
Resources Conservation Service.
B.
Housing shall have direct access to a public roadway, and any access
roadway or driveway shall be constructed and maintained in a safe,
sufficient manner to enable vehicles, including emergency vehicles,
to reach said housing. Areas shall be provided for the parking of
vehicles owned by residents of said housing in close proximity thereto.
[Amended 3-2-1989 by Ord No. 328; 4-27-1989 by Ord. No. 330; 12-19-1991 by Ord. No. 381]
Storage, placement and use of mobile homes and travel trailers
or recreational vehicles shall be in accordance with the provisions
of this section.
A.
Temporary use:
(1)
Temporary use of one mobile home structure for an office, tool, equipment
or materials storage or as quarters for a watchman, as an accessory
use to a permitted construction project on the same lot therewith
for a period to be set forth on the permit therefor and as determined
by the approving authority, shall be permitted. The period of such
use shall not exceed 60 days from the date of issuance of a certificate
of occupancy for the structure or use under construction. In no case
shall the permit for said temporary use exceed 18 months.
(2)
Temporary residential use of one mobile home or recreational vehicle
by the owner(s) of a permitted residential structure under construction
on property of at least one acre in size and as an accessory use to
said permitted residential construction, provided that:
(a)
Proper and adequate provision is made for sanitary waste disposal
and potable water supply wherein no health hazard is created.
(b)
The temporary connection of any such mobile home or recreational
vehicle to any public utility meets all Uniform Construction Codes
and subcodes or other applicable regulations as required to safeguard
public health and safety.
(c)
Said use shall be by permit and for a period to begin with the
start of construction (as opposed to the issuance of a building permit)
and ending with the issuance of a certificate of occupancy or six
months from the date of the issuance of the temporary permit, whichever
shall occur first.
(d)
Said use shall be temporary and in no case permitted to continue
after the cessation of construction on the residential structure,
it being the intent of this subsection to permit property owners to
safeguard and watch over the construction to prevent theft and vandalism
thereto. No actions which attempt to make permanent the placement
of any mobile home or recreational vehicle on the site, such as installation
of a foundation, separate septic system or similar action, shall be
permitted.
(e)
Any mobile home or recreational vehicle so used shall be disconnected
from any public utility, including electric, gas, water or sewer,
and the mobile home or recreational vehicle removed from the site
at termination of the said permit.
(3)
Temporary use of one mobile home on a lot where an existing residential
structure has been destroyed by fire, natural disaster, explosion
or similar catastrophe, and only when occupied by the owner of the
said destroyed residential structure, while a new residential structure
is being constructed. Said use shall be for six months and shall only
begin with the start of said construction. Said permitted temporary
use may be extended not more than an additional six months (total
period of time: one year) by the Planning Board wherein it can be
reasonably demonstrated that actual construction has been delayed.
Said temporary use of a trailer shall cease and the mobile home shall
cease to be occupied and shall be removed from the property involved
within one month of the date of issuance of a certificate of occupancy
for the new residential structure.
[Amended 12-30-2009 by Ord. No. 649]
(4)
A zoning permit shall be required for any such temporary use of a
mobile home or recreational vehicle as provided for hereinabove. No
mobile home or trailer utilized in accordance with the provisions
of this subsection shall be placed upon a permanent foundation or
shall be in any other way placed, installed or attached to another
structure which would make the said mobile home's or trailer's removal
from the site impossible or otherwise unnecessarily difficult.
B.
Storage of a mobile home or recreational vehicle.
(1)
Permanent storage of one unoccupied mobile home on a lot, only when
entirely enclosed within a permitted principal or accessory structure,
shall be permitted.
(2)
Travel trailers, including mobile homes used for recreational purposes,
may be stored on the property of their owner and shall be considered
as an accessory use and be subject to the standards set forth in the
Schedule of District Regulations[1] for accessory uses in the district in which said travel trailer or recreational mobile home is to be stored. No travel trailer or recreational mobile home shall be occupied or used as a dwelling place or for the conduct of any business, except if a zoning permit has been issued as provided for in Subsection A hereinabove.
[1]
Editor's Note: The Schedule of District Regulations is included at the end of this chapter.
C.
Temporary use of a highway trailer.
(1)
Temporary use of one highway trailer at a construction site for the
storage of construction or building materials or the contents of a
structure being reconstructed or renovated or as a workshop containing
tools and machinery used in connection with construction shall be
permitted upon issuance of a permit from the Zoning Officer.
(2)
Such use of a trailer shall only be permitted on sites where a building
permit has been issued and shall be valid as long as said building
permit remains valid. The use of the trailer shall cease and the trailer
removed from the site:
(a)
Prior to the issuance of a certificate of occupancy for the
structure or use for which the building permit had been issued;
(b)
If construction, reconstruction or renovation work ceases for
more than 30 days; or
(c)
When the Zoning Officer determines use of the trailer is causing
a threat to public health, safety or welfare, including creating a
nuisance to surrounding properties due to noise, emissions or the
accumulation of trash or debris.
(3)
In cases where construction involves multiple properties or structures
in the same ownership, location of a storage trailer on a property
other than the one whereon construction is taking place may be permitted.
(4)
Any trailer used for temporary storage as provided in this section
shall be located on the property:
(5)
A trailer used for such temporary storage shall at all times be kept
clean and free of debris or waste material and kept secure from entry
by all unauthorized persons.
[Added 9-1-1988 by Ord. No. 316]
Motels and hotels shall be permitted as provided in the Schedule
of District Regulations[1] and shall comply with the following conditions:
A.
In addition to sleeping units, a motel or hotel may contain as an
accessory use restaurant(s), cocktail lounge(s), meeting or conference
room(s), swimming pool(s), a health club, cabanas, a barbershop, beauty
shop, newsstand, shops for the retail sale of goods, including tobacco,
sundries, drugs, clothing, gifts, stationery, greeting cards and similar
merchandise; provided, however, that such shops are sized and primarily
geared to serving the needs of guests of the motel or hotel. With
the exception of swimming pools and cabanas, all such accessory uses
shall be within the principal building or structurally attached thereto
and shall be primarily designed for the use and enjoyment of guests
of the motel or hotel. The Planning Board may stipulate limitations
on the size of such accessory uses in order to assure compliance with
this stated intent. No food or refreshments shall be sold, vended
or served through any opening of any building or part of any building.
The complete transaction and delivery of food or refreshment shall
be conducted within the principal building.
B.
The maximum gross density of any motel or hotel development shall
be based upon one motel unit per 2,500 square feet of gross land area
for the site involved. Not less than 20% of the site involved shall
be maintained in open space free of parking areas, driveways and structures,
except recreational facilities such as swimming pools, tennis courts,
playgrounds or the like.
C.
The minimum floor area of a sleeping unit shall be 270 square feet.
D.
All motels and hotels shall comply with the following special design
requirements:
(1)
Every building containing sleeping units on or above a second story
shall be equipped with one or more elevators.
(2)
Sufficient laundry, drying, garbage pickup and other utility areas
shall be provided and shall be so located with consideration to both
convenience and to minimizing the detrimental effect on the aesthetic
character of the development and its surroundings and shall be enclosed
and shielded from view by fencing or walls with shrubbery of at least
six feet in height around the perimeter thereof. Fencing and walls
shall not be more than 15% open on the vertical surface.
(3)
A buffer strip of 10 feet in depth, free of any improvements other
than access driveway entrances or exits, plantings and landscaping
and permitted signs, shall be maintained along all property lines
except those property lines coexistent with the street right-of-way
lines. Said buffer area width shall be increased to 20 feet along
any property line adjacent to a residential zoning district or property
used for residential purposes.
(4)
All motel or hotel developments shall be served by an approved sanitary
sewer and water supply system as required by this chapter and other
ordinances and regulations of the Township of Upper Deerfield. In
terms of water supply, sufficient supply shall be provided for fire
suppression as deemed necessary by the local fire officials.
(5)
All motel and hotel developments shall be suitably landscaped with
a liberal and functional landscaping plan or scheme. Interior roads,
parking areas and pedestrian walks shall be provided with shade trees
which are of an appropriate size and character to afford shade as
intended within a reasonable period of time from their planting. Open
space adjacent to buildings and walls between buildings and border
strips along the side of pedestrian walks shall be graded and seeded
to provide a thick stand of grass or other plant material. Approaches
to dwelling structures and entrance areas shall also be suitably landscaped.
All other areas not used for buildings, terraces, drives and parking
areas shall be seeded or landscaped and shall be kept in an attractive
condition.
(6)
Interior development roads, parking areas, entranceways and pedestrian
walks shall be provided with sufficient illumination to minimize hazards
to pedestrians and motor vehicles utilizing the same and shall, where
necessary, be shielded to avoid disturbing glares to occupants of
buildings or adjoining properties. Lighting shall be so arranged as
to reflect away from any adjoining properties.
(8)
No building containing sleeping units shall be closer than 10 feet
from any proposed interior driveway nor closer than 10 feet from any
proposed parking area.
(9)
Driveways shall not be less than 20 feet nor more than 36 feet in
width as measured at the property line. Driveways must be at least
10 feet from any side lot line.
(10)
The entire area of the site traveled or used for parking by
motor vehicles shall be hard surfaced with cement or macadam.
[1]
Editor's Note: The Schedule of District Regulations is included at the end of this chapter.
[Amended 9-1-1988 by Ord. No. 316]
Parochial and private schools, including nursery or preschool
facilities, shall be permitted as provided in the Schedule of District
Regulations[1] in accordance with the following conditions:
A.
Such schools shall have appropriate licensing or recognition by the
New Jersey Department of Education and have their curriculum approved
by it.
B.
The minimum lot area of any such school shall be increased by one
additional acre for every 100 pupils or fraction thereof that the
school is designed to serve. The minimum lot area for an intermediate
school, high school or institution of higher learning shall be 10
acres, plus one acre for each 100 pupils or fraction thereof to be
served or capable of being served.
C.
The minimum street frontage for an elementary school shall be 500
feet, and the minimum frontage for all other schools shall be 700
feet.
D.
No parking or play area shall be permitted within 50 feet of any
street or property line.
E.
Off-street parking requirements shall be the same as those set forth in § 405-27A(4) through (7), as applicable; provided, however, that off-street parking requirements may be increased if, in the considered judgment of the Planning Board, such considerations as the unavailability of bus service, the distances from centers of population or a relatively high percentage of pupils drive their own cars make such increased requirements necessary and desirable. In the case of nursery and/or preschool facilities, the off-street parking requirements shall be the same as those for a kindergarten in addition to sufficient spaces being provided for the pickup and delivery of babies and preschoolers.
F.
No driveways shall open onto a public street or road within 150 feet
of any intersection of such street or road with another public street
or road. In determining the suitability of proposed or existing driveways
upon the site, the Planning Board shall consider such factors as grade
and site clearance, the number and pattern of driveways, the number,
location and design of ingress and egress points, the volume of traffic
which may be anticipated on the site and upon adjoining roads and
the condition and width of the pavement of adjoining roads.
G.
Illumination for night athletic activities, parking areas, driveways
or other areas shall be shielded from view from adjoining streets
and residential areas.
H.
Suitable recreational areas shall be provided for use of students
of the school if the school is intended for high school level or less
students.
I.
In the case of a nursery and/or preschool facility, the following
shall apply:
(1)
When such a facility is located adjacent to an arterial roadway,
as classified in the Township Master Plan, or a nonresidential or
agricultural zoning district, a buffer area at least 20 feet wide
shall be established adjacent to such arterial roadway and/or nonresidential
zoning district boundary. Such buffer area shall include a berm and
landscaping sufficient to provide a visual and noise buffer between
the facility and its accessory uses and the arterial roadway and/or
the adjoining nonresidential or agricultural zoning district.
(2)
Play areas shall be entirely fenced with four-foot-high fencing with
self-latching gates.
(3)
No such use shall be operated or occupied during the hours of 7:00
p.m. to 6:00 a.m.
(4)
Use of such facilities, their buildings or grounds for other than
a nursery or preschool facility shall be prohibited unless and until
a variance is granted by the Planning Board and a site plan has been
reviewed and approved for such activity or use(s).
[Amended 12-30-2009 by Ord. No. 649]
[1]
Editor's Note: The Schedule of District Regulations is included at the end of this chapter.
A.
Planned commercial centers shall be classified as one of the following:
(1)
Neighborhood centers or convenience centers encompassing not less
than three nor more than 10 acres and designed to provide for sale
of convenience goods (food, drugs and sundries) and personal services
(cleaning, photo development and medical or dental offices).
(2)
Community centers involving 10 acres or more and/or 100,000 to 300,000
square feet of gross floor area, including a variety, discount or
junior department store.
(3)
Regional shopping center encompassing between 30 and 50 acres or
more and one or more full-line department stores of 100,000 square
feet of gross leasable area (GLA).
B.
The following standards shall apply to planned commercial centers:
(1)
Any planned commercial center shall be designed as a unified whole
with harmony of design and architecture.
(2)
No more than 30% of the lot area shall be occupied by principal uses
nor more than 5% by permitted accessory uses, except for parking and
loading areas; and if the center consists of more than one building,
they shall be separated by not less than 15 feet.
(3)
All planned commercial centers shall abut and have their principal
access onto collector or arterial roads.
(4)
Not more than 30% of the lot area shall be occupied by principal
uses or structures nor more than 5% by accessory uses or structures,
excluding parking and loading areas. The minimum setback for any planned
commercial center from any roadway shall be 30 feet. If the center
consists of more than one structure, they shall be separated by not
less than 15 feet.
(5)
A minimum of 2.5 square feet of automobile parking space shall be
provided for each square foot of gross floor area devoted to sales
and/or patron use. In addition, adequate areas shall be provided for
the loading and unloading of delivery trucks and other vehicles as
specified elsewhere in this chapter, for the provision of vehicle
entry and access drives and for the provision of required landscaped
areas and pedestrian walkways. All of the above-described areas, except
landscaped areas and conventionally paved entrance drives and pedestrian
walkways, shall be surfaced with an approved type of porous paving
and graded and drained to adequately dispose of any additional surface
water that might accumulate on the site.
(6)
Landscaped and planted areas providing adequate screening shall occupy a space at least 20 feet in width between parking areas and adjoining road right-of-way lines or property lines abutting a residential district or residentially used property, and a space 10 feet in width separating each double-tiered parking bay. Parking and buffered areas shall be designed and landscaped as provided in § 405-62.
(7)
All planned commercial centers shall provide the following:
(a)
Areas and facilities for the collection of solid waste.
(b)
Fire zones designed to facilitate easy access to structures
for emergency vehicles. Such zones shall be approved by the appropriate
local fire official.
(c)
Structure and property illumination designed to protect adjoining
properties and streets from direct glare.
(d)
Screening so as to protect adjoining properties and roadways
from direct glare from vehicles and blowing debris.
(e)
On-site retention of surface drainage whenever possible.
(f)
Adequate parking and loading areas and pedestrian walkways.
(9)
In neighborhood centers, residential units may be permitted when
approved by the Planning Board, provided that they meet the following
standards:
(a)
Residential units shall be located above commercial uses and
secondary uses to them and shall be occupied by the owner, manager
or employee of said commercial uses.
(b)
Adequate parking facilities shall be provided for residential
units.
(c)
Residential units are not less than 900 square feet.
(d)
Not more than one residential use is permitted for each commercial
use permitted, and total residential units shall not exceed eight.
(e)
No commercial sign shall be attached to, overhang or obstruct
the vision of a residential unit or be located in whole or part on
the same level as any residential unit(s).
(10)
No neighborhood commercial center shall be permitted adjacent
to an existing neighborhood center. In connection with all planned
commercial centers, the Planning Board may require a marketing analysis
in order to determine whether the proposed center will meet an existing
need. It shall be the responsibility of the applicant to demonstrate
the need for the proposed commercial center and reasonably justify
its establishment.
C.
Small business and storage complexes. Within any GI Industry or B-2
Business Zoning District, small business and storage complexes may
be established subject to the following:
[Added 9-1-1988 by Ord. No. 316]
(1)
Permitted uses.
(a)
The following uses are permitted within such a complex:
[1]
Warehousing and storage facilities, provided that outdoor storage
shall not be permitted unless in conjunction with a use being carried
out in a structure located on the lot or tract of land whereon said
structure is located, and not more than 500 square feet of an area
shall be utilized for such outdoor storage. The storage of vehicles
utilized in the use or travel trailers allowed to be stored as part
of a mini storage operation shall be excluded from said restriction
on outdoor storage outlined herein.
[2]
Service business operations such as plumbing or electrical contractors,
products assembly, wholesale and distribution operations, professional
or business offices, mini banks providing general banking services
and similar activities.
[3]
Similar business, distribution, warehousing or storage, office
or light industrial uses and activities.
(b)
The Planning Board may, where deemed appropriate and reasonable,
deny a permit for a given use found to be not in keeping with the
intent of this section because the intensity of the use or its effect
upon the environment, area, adjoining properties or the complex itself
is detrimental or otherwise adversely affects said items. The emission
of fumes or waste, the need for special equipment or facilities to
handle said emissions or to permit the use to be carried out, the
volume and intensity of traffic generated by the proposed use or the
size of the operation and use shall be reasons for denying permission
for a given use to be located in such a facility.
(2)
Such complexes shall be planned and developed as a whole on minimum
lots or tracts of 10 acres. All uses shall be located on a lot or
tract of land being not less than one acre in a GI General Industry
Zoning District and not less than 1/2 acre in a B-2 Business Zoning
District. Such lots or tracts, regardless of ownership, shall front
upon an improved street or private road conforming to the standards
contained in this chapter and the adopted Township Master Plan.
(3)
Each use or structure shall be located on a separate lot or tract and shall be subject to site plan review as set forth in § 405-69 herein. Minimum setback requirements shall be set by the Planning Board upon approval of the proposed complex, and the Planning Board shall be guided by the standards set forth in the Schedule of District Regulations[1] for the zoning district in which said complex is to be
located. It is the intent of this use and section to provide flexibility
for design in order to accommodate small, relatively new businesses
in a planned environment.
[1]
Editor's Note: The Schedule of District Regulations is included at the end of this chapter.
(4)
All such complexes and each use therein shall be served by public
sanitary sewer and water.
(5)
There shall be no display of products visible from any street or private access road. Such complex shall be permitted one freestanding sign located at the main entrance from any public roadway. Said sign shall not exceed eight feet in height nor an area of greater than 200 square feet and may be illuminated. In addition, each use within the complex may have one attached sign located on its main structure, provided that said sign does not exceed 5% of the front facade of said structure. Direction signs not exceeding four square feet shall be permitted. All such signs shall maintain a uniformity of design within the complex and shall in all other respects be subject to the provisions of § 405-31 of this chapter.
[Amended 9-20-2007 by Ord. No. 594]
(6)
In the event that individual lots and/or structures are sold to separate
persons from the owners of the complex, deed restrictions or covenants
shall be required to maintain the planned nature of the complex and
the provisions of this section.
(8)
Adequate screening shall be provided between uses and adjoining properties
not a part of the complex.
(9)
Except in the case of a public mini storage facility, no use within
such a complex shall be permitted to have as an accessory use a residential
unit for use, regardless of the relationship of the proposed resident
of said unit to the use involved.
(10)
An applicant for approval of such a complex need not obtain
subdivision approval prior to the creation of new lots, regardless
of how this is accomplished, in order to gain conditional use and
site plan approval of a proposed complex. The complex shall be considered
as a whole until such time as subdivision approval is applied for
and granted. The approval of such a complex shall not in any way indicate
subdivision approval or authorize the transfer of the ownership of
land prior to said subdivision approval, which approval shall be subject
to all requirements of this chapter.
A.
All applications for turkey or poultry farms or the raising and breeding
of same shall be accompanied by a written opinion of the County Agricultural
Agent concerning possible nuisance characteristics and measures for
adequately dealing with them, which shall be reviewed by the Planning
Board and, where deemed applicable, made conditions of approval. In
addition to the plan detail requirements for site plan review, any
application for said use shall set forth the purpose of the operation,
the manner in which birds will be housed, methods for recycling or
disposing of manure, the number of birds to be kept in relation to
the size of the parcel, all building or range areas, property line
setbacks and, in the case of poultry if birds are to be kept outdoors,
proposals for regular rotation and cropping of range areas including
schedules.
[Added 9-1-1988 by Ord. No. 316]
Private clubs, golf courses, lodges and social buildings shall
be permitted as set forth in the Schedule of District Regulations[1] and in accordance with the following conditions:
A.
The minimum lot size of any tract proposed for such a use shall be
one acre or large enough to accommodate the use intended, such as,
in the case of a golf course, the course, clubhouse, parking areas
and other attendant facilities or land area.
B.
In addition to the application procedures set forth in Article XI of this chapter, an applicant for a conditional use permit for a private club, golf course, lodge or social building shall file with the Planning Board a statement setting forth full particulars on the operation and use of said facility; a copy of the organization's articles of incorporation, if a corporation; or trade name certificate, which is required to be filed under Title 56 of the New Jersey Revised Statutes. In addition, the Planning Board may, in any case, require that the names and addresses of all charter members be furnished.
C.
The proposed use must be a bona fide nonprofit organization operated
solely for recreation and the enjoyment of the members of said organization
and their guests.
D.
The proposed use in the proposed location shall not adversely affect
the safe, comfortable enjoyment of properties in the neighborhood.
The design of any structures erected in connection with such a use
shall be in keeping with the general character of the neighborhood
and area; and sufficient landscaping, including trees, shrubs and
lawn or ground cover, shall be provided to serve as a buffer between
said use and adjoining properties and to ensure an attractive appearance
for said use.
E.
All off-street parking within 30 feet of any property line shall
be adequately screened from adjacent properties, and all lighting
shall be shielded to prevent glare onto adjoining properties.
F.
Any residential uses proposed in connection with a private club or
golf course shall be regulated in accordance with all applicable standards
and regulations for such uses as contained in this chapter in addition
to the provisions of this section.
[1]
Editor's Note: The Schedule of District Regulations is included at the end of this chapter.
[Added 9-1-1988 by Ord. No. 316]
Professional office centers may be established in accordance
with the provisions of the Schedule of District Regulations[1] and subject to the following:
A.
Any such center shall be designed as a whole or complete complex
with all structures or units having a uniformity of design and bearing
architectural and aesthetic relationship to each other when more than
one structure is proposed.
B.
The minimum tract size for any such center shall be not less than
two acres, and the maximum height of any structure within such a complex
shall not exceed 35 feet. Maximum lot coverage shall be 70%.
C.
Such centers may provide office space to insurance companies, banks,
financial institutions, businesses and industries, professional corporations,
partnerships or individuals, including but not limited to lawyers,
doctors, dentists, architects, land surveyors, engineers, planners
or other recognized professions, brokerage firms, real estate firms
or other companies, firms or operations requiring office space.
D.
In addition to providing office space for such uses as those set forth in Subsection C hereinabove, space may be also provided for such accessory uses to the offices of said uses as follows: radiology or medical laboratories intended to serve the needs of the patients of doctors or dentists having office space within the complex, eyewear sales and repair, newsstands, a restaurant or food takeout service designed and sized to primarily serve the needs of the complex's occupants and patrons, a drugstore, office supply store, reproduction or copy center and such other uses as found to be incidental and customarily accessory to the offices located with such a center. The size and location of such accessory uses shall be determined by the Planning Board, and such uses shall be designed primarily to serve the needs of the center's occupants and patrons and not the general public. All such accessory uses shall, however, when permitted, conform to all standards set forth in this chapter related to the type of use proposed.
E.
The parking and loading areas, common grounds or yard area of other common facilities shall be held in common ownership either by the owner of the center or by tenants or an owners' association responsible for its upkeep and maintenance. Such association's bylaws, articles of incorporation and other pertinent documents shall be subject to review and approval by the Planning Board as would a homeowners' association in the case of a residential development. Such organization shall be subject to the same requirements as set forth in § 405-62A(14) of this chapter.
F.
No residential use shall be permitted in connection with a professional
office complex.
G.
All office complexes or centers having offices on a second floor
or higher shall have at least one elevator per structure.
H.
Parking and loading facilities required in connection with a professional
or business center shall be determined by the total number of office
units available and type of uses said units will serve.
I.
All such centers shall be suitably landscaped, and all parking areas
and pedestrian walkways shall be well lighted. When located along
an arterial and/or major collector roadway, as identified in the Township's
adopted Master Plan, parking area shall not be located, to the greatest
extent possible, between said center's structures and the street right-of-way
lines of any such arterial and/or major collector roadway.
J.
In determining whether or not to permit the development of such a
center, the Planning Board shall be guided by the number of existing
office spaces available in the area and the cost of said space in
order to determine if a need for such space exists. The developer
may be required to submit a needs survey and report or market analysis
in order to justify such a center, and failure to reasonably so justify
shall be cause for rejection of the application.
K.
Said centers shall be located only if the site for which they are
proposed has frontage upon a collector or arterial street.
L.
Not more than 25% of the total floor area of any such professional
office or business center shall be occupied by nonoffice uses at any
one time, nor shall more than 50% of the ground floor of any structure
within the center be occupied by nonoffice uses. This requirement
is intended to assure that said center remains a business and/or professional
office center and not a shopping center or retail business complex.
In addition, the display of products from any structure in a center
shall be primarily aimed at persons walking alongside of said structure
and visible or designed to attract the attention of persons traveling
along adjacent roadways.
[1]
Editor's Note: The Schedule of District Regulations is included at the end of this chapter.
Public utility installations, other than essential services,
shall be permitted, provided that the following standards shall be
satisfied:
A.
Any application for such use shall include a statement setting forth
the need and purpose of the installation.
B.
Proof shall be furnished to the appropriate approval authority that
the proposed installation in the location specified is necessary for
the convenient and efficient operation of the public utility involved
and for the satisfactory and convenient provision of service by the
utility to the neighborhood or area in which the particular use is
to be located.
C.
The design of any building in connection with such facility shall
conform to the general character of the area in which it is proposed
to be located.
D.
The applicant shall demonstrate that the proposed use will in no
way adversely affect the safe and comfortable enjoyment of neighboring
properties. Adequate and attractive fences and other screening devices
shall be described and shown on the plan for the proposed use. Appropriate
landscaping, including trees, shrubs and lawn areas, shall also be
provided.
E.
As a prerequisite for filing application for a public utility installation,
said utility shall have filed with the Municipal Clerk a map currently
indicating the location of existing and proposed structures within
the municipality. All public utility installations shall be in conformity
with the National Electric Safety Code as well as performance standards
contained in this chapter.
[Amended 9-1-1988 by Ord. No. 316]
Roadside stands for the sale of farm, truck gardening, nursery
gardening and greenhouse produce may be established subject to the
following conditions:
A.
No roadside stand shall be permitted on an arterial roadway, as classified
in the Township Master Plan, unless said stand is located in compliance
with the maximum setback requirements for principal uses for the zone
district in which said stand is to be located.
B.
There shall be only one entrance and one exit from the roadway upon
which said use fronts.
C.
No display of goods shall be permitted closer than 10 feet to a road
right-of-way line or 30 feet to an adjoining property line.
D.
No structure or parking areas to be used or required in connection
with such a use shall be located within a required front yard area
for the principal use of the property involved.
E.
Parking and signs shall comply with the requirements contained in
this chapter.
F.
The sale of live animals or poultry shall be prohibited.
[Amended 9-1-1988 by Ord. No. 316; 1-19-1996 by Ord. No. 449]
It is the intent of this section to permit the use of land currently
zoned for agricultural use for residential purposes when it can be
reasonably demonstrated that the lands involved are not suited to
agricultural use and are needed to provide housing for a member or
employee of the farm on which said lands are a part. The subdivision
of such lands and development thereon of a single-family residential
dwelling may be permitted only in accordance with the following conditions:
A.
Any parcel to be used for a rural residence shall be a minimum of
one acre in size.
B.
The land to be utilized is not classified as prime farmland, as defined
by the Natural Resources Conservation Service of the United States
Department of Agriculture. The basis for determining the boundaries
of soil classification defined as Class I, II and III agricultural
soils by the Natural Resources Conservation Service shall be the Soil
Survey of Cumberland County, dated April 1978, and as updated and
supplemented from time to time. An applicant may submit other acceptable
soil survey material which is more site-specific, i.e., the specific
mapping of a site using Natural Resources Conservation Service soil
classifications.
C.
The creation of a rural residence lot is for the construction of
a residence for a member of the family of the farm owner or a person
who is directly involved with or employed on the farm where the lot
is to be created.
D.
Not more than one such rural residences shall be permitted within
a five-year period, regardless of the ownership of the land in question.
E.
The rural residence lot to be created will be located on a public
road, and no new road shall be constructed in connection with the
rural residence lot creation.
F.
The yard and setback requirements for a residence when an accessory
use to a farm and as set forth in the Schedule of District Regulations[1] shall apply to a rural residence along with all other applicable sections of this chapter, including § 405-69, Subdivision and site plan review.
[1]
Editor's Note: The Schedule of District Regulations is included at the end of this chapter.
[Added 9-1-1988 by Ord. No. 316]
School bus shelters may be located as provided in the Schedule
of District Regulations[1] and according to the following conditions:
A.
An applicant may submit, with a single application, a proposal for
the location of more than one location in more than one zone.
B.
Proof shall be furnished to the Planning Board by the applicant that
the Board of Education has approved said locations, and any locations
proposed to be situated within a public right-of-way shall have been
approved by the appropriate authority having jurisdiction over such
use of public rights-of-way.
C.
No shelter may exceed 10 feet in height or 200 square feet in floor
area.
D.
In residential zones, all signs attached to the structure shall be
designed to read from within said structure, shall not exceed two
in number and shall not exceed a total of 20 square feet in area.
In nonresidential zones, such signs shall not exceed four in number
and shall not exceed a total of 40 square feet in area.
E.
The Planning Board may reduce or waive all yard area and setback
requirements in granting approval for school bus shelters.
[1]
Editor's Note: The Schedule of District Regulations is included at the end of this chapter.
[Amended 4-27-1989 by Ord. No. 330; 5-5-2005 by Ord. No. 554; 9-5-2019 by Ord. No. 810]
Townhouse or multifamily dwelling projects shall be permitted
when, besides complying with the provisions of this section and the
Schedule of District Regulations, the proposed project meets an affordable
housing obligation as identified in the current adopted Housing Element
and Fair Share Plan or other otherwise in the Land Use Plan Element
of the Master Plan. All such projects shall comply with the following:
A.
Gross density for any townhouse, multifamily dwellings and/or senior housing development shall not exceed four units per acre, unless the development is 100% affordable or inclusionary development as defined in Chapter 108. 100% affordable or inclusionary development shall be permitted a gross density of six units per acre.
C.
Primary site requirements.
(1)
No block or grouping of townhouses and multifamily dwellings shall
be closer than 35 feet to any other block or grouping, except for
fee simple lots where other standards may apply (see Schedule of District
Regulations or operative redevelopment plan as applicable).
(2)
Building separation distances.
(a)
In senior housing developments where townhouse and quadraplex
dwellings are not intended or permitted to be on individual lots,
the following building separation distances shall apply:
|
Requirement
|
Standard
|
|---|---|
|
Minimum distance from building front to building front
|
60 feet
|
|
Minimum distance from building front to building side
|
35 feet
|
|
Minimum distance from building front to building rear
|
60 feet
|
|
Minimum distance from building side to building rear
|
35 feet
|
|
Minimum distance from building rear to building rear
|
50 feet
|
|
Minimum distance from building side to building side
|
20 feet
|
(b)
The front of a building shall be considered that portion of
a facade facing the street, residential access driveway, or parking
lot. The rear of a building shall be that facade of a building opposite
the front of the building. The sides of the building constitute the
other remaining facades of the building.
(3)
No dwelling shall front upon an arterial or major collector street,
as classified in the Township Master Plan.
(4)
No building shall be closer than 30 feet to a tract boundary, excepting
a guardhouse at the main entrance and no other structure shall be
closer than 20 feet to a right-of-way.
(5)
No parking space shall be closer than 12 feet to the building. This
provision shall not be construed as to affect private parking in a
residential dwelling driveway.
D.
Each ground-floor dwelling unit shall be provided with a private
yard area of not less than 500 square feet, which shall be screened
by fencing, walls or shrubbery to a height of not less than six feet.
Such fencing or screening requirements may be waived when decks, balconies
or other suitable private, outdoor areas are provided.
E.
Building design.
(1)
A development under this section shall maintain a continuity, compatibility
and harmony of design and construction throughout. For townhouse development,
no less than four dwelling units nor more than eight shall be included
in one continuous attached block or grouping of units, exclusive of
covered walkways between groupings. Multifamily dwellings shall be
limited to eight dwellings on any one floor. Variations in townhouse
facades within groupings or blocks of townhouses shall be required
unless horizontal or vertical shifts or offsets are provided. In any
development under this section, street furniture, signs, lighting
facilities and other common elements of the site shall be of similar
and compatible design.
(2)
Direction signs shall be permitted upon review and approval of the
Zoning Officer, when said signs do not exceed six square feet in area
and will not create a visual obstruction for motorists.
(3)
Natural topography and existing trees shall be maintained whenever
possible and incorporated into the project design.
F.
Open space and recreation.
(1)
A minimum of 20% of the total area of a townhouse, multifamily or senior housing project, but not including any open land consisting of dooryards, buffer strips, parking areas and street rights-of-way, shall be designated for common recreational purposes. A multifamily project containing 10 or less units wherein land adjoining the units is owned in common ownership, either by the project owner or a homeowners' association in accordance with § 405-62A(14), shall be exempt from providing 20% of the project in common open space or recreational area.
(2)
Not more than 50% of the recreational area shall include one or more
of the following: a floodplain, areas with a slope of greater than
10%, watercourses, freshwater wetlands or other areas unsuitable for
recreational purposes due to environmental considerations.
(3)
When required, however, no one recreational area shall be less than
10,000 square feet in area nor less than 100 feet in width at its
narrowest dimension. All such areas shall be:
(a)
Improved by the developer, including equipment facilities, walkways and landscaping. The Planning Board, in reviewing the plans, shall determine that the recreational area is suited to its intended use in terms of the environment and will meet the needs of the project's inhabitants as provided in § 405-38A(5).
(b)
Maintained by the project owner or a homeowners' association in accordance with the provisions of § 405-62A(14). The provisions of § 405-38A(6) shall apply in the case of townhouse and multifamily projects.
(c)
Designed so open space adjacent to buildings not surfaced shall
be graded and seeded to provide a thick stand of grass or other ground
cover material. Two suitable specimen trees and four evergreen shrubs,
exclusive of those areas used in connection with parking or other
areas, shall be provided for each dwelling unit. This requirement
for trees shall only be waived or modified if the site upon which
the project is to be constructed is wooded and found to have adequate
trees standing which will remain after development and construction
are completed. Any landscaping shall be subject to the approval of
the Township Shade Tree Commission, or Planning Board when no Commission
exists.
G.
Buffers and common facilities.
(1)
Perimeter buffer requirements. For any townhouse, multifamily and
senior housing development, landscape buffers shall be required along
the perimeter property lines and where residential building types
change. In the development of the site, existing vegetation shall
be retained which is of high quality and appropriate density. Where
existing vegetation is unsuitable, it shall be augmented or replaced
by new plantings in accordance with a landscape plan submitted to
and approved by the board with jurisdiction over the application.
The perimeter buffer shall be a minimum width of 20 feet and suitable
for its function of site enhancement, screening, or control of climatic
effects. The perimeter buffer may be planted within any required perimeter
setback but shall not be included in any fee simple lot. The buffer
shall be planted in accordance with the landscaping buffer standards
of § 405-62(A)(4). Utility installations, stormwater management
facilities, refuse collection facilities and parking areas shall not
be located in the required buffer area and shall be suitably screened
to avoid a visual or other nuisance.
(2)
Where on-site sewage disposal facilities are found safe and approved
by the appropriate health agencies, common use of such facilities
shall be permitted.
(3)
Street widths, parking, parking courts and similar facilities for
vehicles shall meet the Residential Site Improvement Standards at
N.J.A.C. 5:21-1 et seq.
H.
Affordable housing. Any district containing the word "inclusionary" in its title or identified in the Housing Element and Fair Share Plan of the municipality as a site for affordable housing shall provide a minimum of 15% of total units when the tenure is for rent or lease and 20% of total units when the tenure is for sale (whether fee simple, condominium, cooperative or other horizontal property regime). Any such affordable housing shall comport with the requirements of Chapter 108 of the Code of the Township of Upper Deerfield.
[Added 11-19-2009 by Ord. No. 643]
Renewable energy facilities may be located, installed and operated
as a conditional use in the General Industry District and the Eco-Industrial
District, subject to the following:
A.
The parcel shall be a minimum of 20 contiguous acres.
B.
Renewable energy facilities shall not be permitted in a front yard.
C.
Setbacks. Renewable energy facilities shall comply with the following
minimum setback requirements:
D.
Renewable energy facilities, to the extent practical, shall be located
so as to not be visible from the street. Installation of landscaping
or other materials may be required to satisfy this screening requirement.
F.
Renewable energy facilities shall, based on their impervious surface
area, be calculated as a percentage of lot coverage. The percentage
of lot coverage attributable to renewable energy facilities shall
not exceed 50%.
G.
Renewable energy facilities shall be located to eliminate any nuisances
to surrounding properties.
H.
Renewable energy facilities shall not block, interfere or otherwise
impair visibility at intersections, a scenic vista or view from an
adjoining residential structure.
I.
Abandonment.
(1)
A renewable energy facility that is out of service for a continuous
twelve-month period will be deemed to have been abandoned.
(2)
The Zoning Officer may issue a notice of abandonment to the owner.
The notice shall be sent via regular and certified mail, return receipt
requested, to the owner of record.
(3)
Abandoned renewable energy facilities shall be removed at the owner's
sole expense within six months after the owner receives a notice of
abandonment from the municipality. If the system is not removed within
six months of receipt of notice from the Township notifying the owner
of such abandonment, the Township may remove the system as set forth
below.
(4)
When an owner of a renewable energy facility has been notified to
remove same and has not done so six months after receiving said notice,
then the Township may remove such system and place a lien upon the
property for the cost of the removal. If removed by the owner, a demolition
permit shall be obtained and the facility shall be removed. Upon removal,
the site shall be cleaned, restored and landscaped as required by
the Township to blend with the existing surrounding area at the time
of abandonment.
[Added 11-19-2009 by Ord. No. 643; amended 7-19-2012 by Ord. No. 693]
A.
Large-scale retail stores shall be permitted as a conditional use
within the districts specified, subject to the following:
(1)
The parcel shall contain a minimum of 20 contiguous acres with 500
feet of frontage.
(2)
The parcel shall have frontage and provide vehicular access to/from
either an arterial road or a collector road.
(3)
Front building setback from a collector road: 100 feet.
(4)
Front building setback from an arterial road: 150 feet.
(5)
Side building setback: 50 feet each.
(6)
Rear building setback: 50 feet.
(7)
Maximum building height: 2.5 stories; 35 feet.
(8)
Maximum impervious coverage: 75%.
[Amended 1-19-1996 by Ord. No. 449]
An owner or person in possession of a residential dwelling may
hold a yard, tag or garage sale no more than three times in any calendar
year. Any such sale shall not exceed two consecutive days, nor shall
any such sale be held on consecutive weekends.[1]
[1]
Editor's Note: Former Art. IX, Planned Development, as amended,
which immediately followed this article, was repealed 6-16-2005 by
Ord. No. 559.
