The control and regulation of the nature and extent of uses
of buildings and structures, as herein provided, shall apply equally
to the nature and extent of the use of the land.
No person shall locate, relocate, erect, construct, reconstruct,
enlarge or structurally alter any building or structure, except in
conformity with the regulations of the district in which such building
or structure is located.
No person shall use any land or building for any purpose other
than as is permitted in the zone district in which such land or building
is located.
No lot used for single-family residence purposes may contain
more than one principal structure.
No accessory building or structure may be built or located upon
any lot on which there does not already exist a principal building
or structure. Accessory structures shall comply with the following
requirements:
A. Except for agricultural or horticultural accessory buildings or structures
located upon a farm, no accessory building or structure shall have
a ground floor area greater than the ground floor area of the principal
building or structure located upon the same lot or 1,500 square feet,
whichever is smaller. The total ground floor area of all accessory
buildings and structures shall not exceed the ground floor area of
the principal building or structure upon the same lot.
B. No accessory building or structure shall exceed the height of the
principal building or structure or 16 feet, whichever shall result
in the lesser height.
C. All accessory buildings or structures shall be located at least 10
feet from any principal building or structure located upon the same
lot, unless the accessory building is attached to the principal building
or structure.
D. Each accessory building or structure upon a lot shall be located
at least six feet from any other accessory building or structure on
the same lot.
E. Except as otherwise specifically permitted by any provision of this chapter, no accessory building or structure shall be permitted in any front yard, including accessory buildings on corner lots, which shall not be located in either of the two front yards. An accessory building may be located within any side yard or rear yard, provided that the side and rear yard setback requirements established by Subsection
G below shall be met.
F. Farm buildings shall not exceed a height of 35 feet and shall meet the side yard and rear yard setback requirements established by Subsection
G below. Farm silos and barn cupolas shall be exempt from the foregoing height limitations.
G. The following minimum setback requirements shall be met for all accessory
structures:
|
Floor Area
(square feet)
|
Side Yard
(feet)
|
Rear Yard
(feet)
|
---|
|
Less than 100
|
10
|
10
|
|
100 to 500
|
15
|
15
|
|
501 to 1,000
|
25
|
25
|
|
More than 1,000
|
35
|
35
|
|
Height
(feet)
|
Side Yard
(feet)
|
Rear Yard
(feet)
|
---|
|
Less than 10
|
10
|
10
|
|
11 to 16
|
15
|
15
|
|
17 to 35
|
30
|
20
|
|
NOTE: The greater of either setback requirement applicable to floor area and height of the accessory building shall control. The height requirements are detailed above in Subsections B and F and not in the chart of Subsection G.
|
Fences and walls, including retaining walls, are permitted with
the following restrictions:
A. Height.
(1) Maximum height at rear of property shall be six feet.
(2) Maximum height at the property side line, but not beyond the front
building line, shall be six feet.
(3) Maximum height at the property side line between the front building
line and the street right-of-way line shall be three feet.
(4) Maximum height at front of property shall be three feet.
B. No fence or wall shall be located within 25 feet of the center line
of the road right-of-way or closer than five feet to the edge of the
right-of-way, whichever is greater. Retaining walls may be placed
at the edge of the right-of-way line.
C. Farm and industrial use fences for the purposes of traffic safety,
which do not obstruct vision, shall be exempt from the restrictions
of this section, except that no fence shall exceed six feet in height.
Industrial fences may require site plan approval.
D. Fencing, the exclusive purpose of which is to restrict access by
deer, shall also be exempt from the restrictions of this section,
provided that the following provisions shall apply: such fencing shall
not exceed 10 feet in height, such fencing shall be constructed of
a fine polypropylene (or other similar material mesh), shall be black
in color and shall be sheer in appearance.
E. Fences, where horses are kept as an accessory use to a single-family dwelling, as permitted in the appropriate residential zones, shall be suitable for its intended purposes, i.e., the corralling of such horses, and shall be at least four feet in height. The provisions of Subsection
F below shall also apply to this use.
F. Where a fence is placed on top of a retaining wall, the overall height
shall not exceed eight feet from the lowest point of the grade on
the exposed side of the retaining wall to the highest point of the
fence.
G. Fences and/or walls, in combination, that exceed eight feet in overall
height from the lowest point of the grand to the highest point of
the fence or wall, must be tiered and set back a minimum of five feet
from each other and the five-foot setback must contain landscaping.
H. Except when necessary to control livestock upon a farm, the use of
barbed wire fencing or incorporation of barbed wire, single strand
or otherwise, into any other style of fence is specifically prohibited.
Razor wire is prohibited from use for any fencing purposes whatsoever.
The lot width of a residential lot may be reduced at the street
line on a curve at the end of a permanent cul-de-sac, provided that
the specified minimum lot width at the building setback line shall
be met and the lot width at the street line shall not be less than
55 feet measured along the subtended chord of the arc at the street
line unless otherwise specified for the zone in which the lot is located.
Flag lots may be created in the RA and AR zone districts in
accordance with the following requirements:
A. Flag lots shall be created only in connection with an overall development
plan for the tract of which the flag lot is a part and the developer
shall demonstrate a need, consistent with good planning principles,
for the creation of this lot and further demonstrate that normal subdivision
techniques are not practical because of topography, lot or land configurations
or other physical characteristics of the land related to the proposed
development concept.
B. The flag lot shall contain a minimum of six acres, exclusive of the
flag lot stem, within which a lot circle at least 250 feet in diameter
shall be able to be inscribed. The lot circle shall be measured within
600 feet of the point at which the flag lot stem meets the flag portion
of the lot.
C. The flag lot stem shall remain open and unbuilt upon at all times.
D. The lot shall be deemed to front on such flag lot stem and the required
lot width at the street line shall be no more and no less than 50
feet, as measured along the flag lot stem.
E. The entire portion of the required lot area shall be on one side
of the flag lot stem.
F. Such flag lots shall not be further subdivided, nor may the flag lot stem be used as access to any other lot or tract of land, unless all improvements required by Chapter
470, Subdivision of Land, have been installed, including the construction of a street or road leading from the public road to all lots proposed to be served which meets all of the design and construction standards, as set forth in Chapter
470, Subdivision of Land.
The following minimum standards shall govern all residential
uses:
A. Every habitable room shall have at least one window facing directly
to the outdoors. The minimum total glazed wall area in any habitable
room shall be 10% of the floor area of such room or 10 square feet,
whichever is greater. Whenever walls or other portions of structures
face a window of any such room and such light-obstructing structures
are less than three feet from the window and extend to a level above
that of the ceiling of the room, such window shall not be deemed to
face directly to the outdoors and shall not be included as contributing
to the required minimum total window area. Every habitable room shall
have at least one window, which can easily be opened or such other
devices as will adequately ventilate the room. The total of operable
window area in every habitable room shall be equal to at least 50%
of minimum window area, as hereinabove provided, except where there
is supplied some other device approved by the Construction Official
as affording adequate ventilation.
B. No person shall occupy or let to another for occupancy, any dwelling
or dwelling unit, for the purpose of living therein, which does not
contain at least 300 square feet of floor area for the first occupant
thereof and at least 200 additional square feet of floor area for
every additional occupant thereof. Every room occupied for sleeping
purposes by one occupant shall contain at least 100 square feet of
floor area and shall have a minimum dimension of eight feet, and every
room occupied for sleeping purposes by more than one occupant shall
contain at least 70 square feet of floor area for each additional
occupant thereof.
C. Every lot, parcel or tract of land upon which a dwelling unit is
to be erected shall have a source of potable water on the lot, parcel
or tract of land sufficient to supply water needs of the contemplated
dwelling unit. In order for the supply to be considered sufficient,
the water source shall be consistent with the applicable Residential
Site Improvement Standards (RSIS) and Sussex County Health Department
requirements.
Until such time as Township or private water supply and sewage
facilities are made available, no building permit shall be issued
for construction, in any zone district, of a structure requiring the
installation of an individual well and sewage system on the same lot
with the structure until the Construction Official certifies that
the applicant has obtained permits for a septic system and well from
the Sussex County Health Department.
The physical contour of any lot shall not be altered in any
manner affecting drainage to the detriment of the property or adjoining
property, nor shall natural contours be disturbed or excavations permitted
which are likely to involve risks of erosion, landslide, injury to
natural vegetation or other hazardous or adverse conditions. Specifically,
any lot lying within an area designated on the officially adopted
floodplain maps of the Township shall show the extent to which the
lot in question lies within the floodplain. In addition, the following
specific requirements shall be met:
A. There shall be no increase in the grade of a lot within five feet
of an adjoining street or property line.
B. No grade shall be increased to a slope greater than 2:1.
C. There shall be no filling of land nor the erection of retaining walls
in any location or to such height as would reduce the sight distance
required by RSIS and AASHTO along a street from any point at the setback
line of an adjoining lot.
If the Construction Official finds that the construction of any building or the disturbance of natural contours is likely to result in any condition mentioned in §
550-35 above, (s)he shall refer the application and plot plan to the Township Engineer. Upon advice of the Township Engineer, the Construction Official shall require such changes in the construction plans, or (s)he shall require the construction of berms, gutters, retaining walls, dry wells, catch basins and similar structures as may be necessary to control drainage, reduce excavation, maintain a natural environment to the greatest degree possible and to otherwise prevent or eliminate danger from hazardous conditions.
Windmills, including those used for the production of electric
current, shall be a permitted accessory use in all zone districts,
subject to the following conditions:
A. The primary purpose of the proposed windmill(s) shall be to provide
power for the principal use of the property whereon said windmill(s)
is to be located and shall not be for the generation of power for
commercial purposes, although this provision shall not be interpreted
to prohibit the sale of excess power generated from a windmill designed
to meet the energy needs of the principal use.
B. The minimum lot size required for the erection, construction or placement
of a windmill on a property shall be seven acres.
C. The height of the proposed windmill(s) shall be limited to the maximum
principal building height permitted in the zone district in which
said windmill(s) is located.
D. Location and setbacks.
(1) The proposed windmill(s) shall comply with the requirements for scenic corridors, as set forth in §
550-44.
(2) The windmill and its location on the property involved shall be designed
to eliminate any nuisances to surrounding properties and to limit
any noise from said windmill from being heard off the property where
said windmill is located.
(3) No windmill shall be located in any required front yard area.
(4) In the side and rear yards, the proposed windmill(s) shall be located
within 50 feet of the principal structure and shall have a minimum
setback equal to 120% of the total height of said windmill from the
following: property lines, rights-of-way, overhead utility lines,
and travelways (including driveways, parking lots, sidewalks, and
nature trails).
E. The proposed windmill(s) shall not be artificially illuminated.
Outdoor wood-burning furnaces shall be a permitted accessory
use in all zone districts, subject to the following conditions:
A. No person shall cause, allow, or maintain the use of an outdoor furnace
within the Township of Fredon without first having obtained a permit
from the Building Department.
B. Only firewood, untreated lumber and other materials recommended by
the manufacturer are permitted to be burned in any outdoor furnace.
Burning of any and all other materials in an outdoor furnace is prohibited.
C. The minimum lot size required for the installation of an outdoor
furnace on a property shall be two acres.
D. Outdoor furnaces shall be setback a minimum of 300 feet from any
property line.
E. Outdoor furnaces shall be equipped with a smokestack/chimney that
is a height recommended by the manufacturer. This recommended height
must be provided by the applicant and must be above the top roofline
of any neighboring residential building.
F. All outdoor furnaces shall be equipped with properly functioning
stove pipe fans in the smokestack/chimney and shall be operated in
accordance with manufacturer standards and must function properly.
G. Outdoor furnaces shall be operated only between October 1 and May
1.
H. All outdoor furnaces shall be equipped with properly functioning
spark arrestors.
[Added 8-12-2021 by Ord.
No. 2021-08]
All classes of cannabis establishments or cannabis distributors
or cannabis delivery services as said terms are defined in Section
3 of P.L. 2021, c. 16 are specifically prohibited in all zone districts
of the Township of Fredon, except for the delivery of cannabis items
and related supplies by a licensed cannabis delivery service located
outside the Township of Fredon. Prohibited uses shall include: (1) facilities involved
in growing, cultivating, and producing cannabis and cannabis items,
(2) facilities involved in processing, manufacturing, preparing, and
packaging cannabis and cannabis items; (3) facilities involved in
obtaining, storing, selling, reselling or otherwise transferring cannabis
and cannabis items; (4) businesses involved in transporting cannabis
and cannabis items in bulk intrastate from one cannabis cultivator,
manufacturer, wholesaler, distributer, or retailer to another; and
(5) locations at which cannabis and cannabis items and related supplies
are sold or dispensed to customers or consumers such as retail cannabis
establishments and stores, cannabis consumption areas, and retail
cannabis social clubs. Nothing herein shall be construed to limit
any privileges or rights of a qualifying patient, primary caregiver,
registered or otherwise, or registered dispensary pursuant to the
New Jersey Compassionate Use Medical Marijuana Act, N.J.S.A. 24:6I-1
et seq.