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
|
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.
A.
Usable lot area required.
(1)
It is recognized that there are certain critical areas within a parcel
of land which would inhibit the appropriate development of the land
on which they exist. These constrained areas are to be reserved and
protected, to the greatest extent practicable, from land disturbance
during the planning process. It is the intent of this section to identify
those areas which are constrained and to establish areas within each
lot which are suitable for development and to ensure that each new
lot created contains sufficient constraint-free land area to accommodate
the development of a conventional dwelling and its appurtenances,
including a driveway, private recreational area, and, if applicable,
a well and septic field.
(2)
The following areas of a lot are determined to be potentially constrained
for development:
(a)
Wetlands and wetlands transition areas.
(b)
Floodway and buffers.
(c)
Floodway fringe.
(d)
Slopes greater than or equal to 15%.
(e)
Rock outcroppings.
(f)
Depth from natural ground surface to seasonal high-water table
of two feet or less (where septic systems are proposed).
(g)
Depth from natural ground surface to bedrock of four feet or
less (where septic systems are proposed).
(3)
To satisfy the intent of this section, all lots shall meet the minimum
lot area and all other dimensional requirements established for the
applicable zone but shall also be designed to contain within each
lot an area of at least 21,780 square feet of contiguous land which
is free of constraints to development.
(4)
If a lot is served by a centralized sewage treatment system and centralized
water system, the minimum constraint-free land area shall be 10,000
square feet. The requisite constraint-free land area shall be contiguous
and shall be located within the building envelope.
(5)
Where the lot cannot meet the requirements of Subsection A(3) or (4) above, the subdivider shall be required to demonstrate to the Land Use Board that the lot is capable of being developed and used for its zoned purpose consistent with the intent of this section. Specifically, the Land Use Board shall have the authority to allow, in certain specific instances, variations from the foregoing parameters and the requirement that the constraint-free land area be contiguous provided the applicant can demonstrate that the dwelling and the following improvements can all be constructed on the lot without substantial detriment to the environment and without impairing the usability of the lot:
(a)
A primary septic system;
(b)
A well meeting the one-hundred-foot minimum required isolation
distance from the primary and reserve septic systems, if a septic
system is used;
(c)
An area for the dwelling with an area adjacent to the dwelling
for recreation purposes; and
(d)
An area adjacent to the dwelling for the maneuvering of automobiles.
(6)
Where the Land Use Board is not satisfied as to the suitability of
a lot for its intended use, due to factors such as rock formations,
flood conditions or similar circumstances, the Land Use Board may,
after adequate investigation, withhold approval of such lots.
B.
When a new lot or lots are formed from a parcel of land, or where
two or more lots are combined into a single parcel of land, the separation
or combination shall be effected in such a manner as not to impair
any of the provisions of this chapter.
D.
Every lot shall provide front, rear and side yards as required for
its zone. All front yards shall face upon a public street or private
street approved by the Land Use Board or Township Committee. On streets
less than 40 feet in right-of-way width, the required front yard shall
be increased by 1/2 the difference between the width of the street
and 40 feet.
E.
Front, side and rear building locations within five feet of the minimum
setback requirements of this chapter shall be surveyed and certified
by a licensed engineer or land surveyor. The survey may be performed
at any time prior to the erection of the building above the foundation.
A certified copy of the survey shall be presented to the Construction
Official when foundation of the building is complete.
F.
Where a building lot has frontage upon a street, which on the Master
Plan or Official Map of the Township is proposed for right-of-way
widening, the required front yard setback shall be measured from such
proposed future right-of-way line.
A.
The height provisions of this chapter shall not apply to the erection
of building appurtenances such as church spires, belfries, towers
or flagpoles designed exclusively for ornamental purposes. The height
provisions of this chapter shall, moreover, not apply to chimneys,
flues, bulkheads, elevator enclosures, water tanks or similar accessory
structures occupying an aggregate of 10% or less of the area of the
roof on which they are located, and further provided that such structures
do not exceed the height limit by more than 10 feet. Nothing in this
chapter shall prevent the erection above the height limitation of
a parapet wall or cornice extending above such height limit not more
than three feet or to the construction of farm buildings of variable
heights.
B.
Freestanding water storage tanks and other utility structures shall
not exceed 35 feet in height, unless it can be demonstrated to the
satisfaction of the reviewing agency that a deviation from the thirty-five-foot
height limitation will not have an adverse impact on surrounding properties
or on the development itself based on topography, existing vegetation
or other factors and is essential to the proper functioning of the
utility system in question.
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.
A.
Purpose. The Township Committee of the Township of Fredon finds that
farming has existed and been carried on in the Township of Fredon
for hundreds of years past and prior to the residential development
that has since become prevalent within the Township. As a result of
residential construction which has occurred in close proximity to
existing working farms which engage in conventional agricultural practices
such as spraying, the spreading of animal waste, fertilization and
irrigation as well as other activities which are normally associated
with active agricultural operations, those residences have been or
may be subjected to the effects or impacts, which some residents may
deem to be nuisances, from such agricultural activities. It has been
further determined that the farmer must be secure in the ability to
continue operation of the farm, and/or earn a livelihood therefrom
and engage in customary agricultural practices and techniques, free
from the threat of nuisance complaints or litigation resulting from
such impacts to other residents. The Township Committee has determined
that whatever adverse effects to residential and other property owners
which result from such farming activities are more than offset by
the benefits to the Township of Fredon, the County of Sussex and the
State of New Jersey of such agricultural operations which include
the preservation of open space, the preservation of a desirable agricultural
visual environment and the provision of agricultural products and
farm output. Consequently, the purpose of this section is to assure
the continuation and expansion of commercial and home-based agricultural
pursuits by encouraging a positive agricultural business climate and
protecting the farmer against unnecessary municipal regulation and
private nuisance suits while approved agricultural practices are utilized
and agricultural production is engaged in consistent with relative
federal and state law, thereby establishing a proper balance among
the varied and sometimes conflicting interests of the farm owners/operators
and the residents of Fredon Township.
B.
This section shall not be construed as, in any manner, superseding
any Zoning Ordinance provision with respect to principally permitted,
accessory or conditional uses permitted or prohibited in any particular
zone district. It is the sole intent of this section to prohibit farming
and agricultural operations, when conducted in accordance with accepted
agricultural management and farming practices, from constituting or
being found to constitute, a public or private nuisance.
C.
Activities permitted and protected under this section include all
uses and structures customarily incidental to agricultural uses permitted
by this chapter, including, but not limited to, the following uses:
(1)
The storage, processing and sale of farm products; subject, however,
to all other conditions and limitations applicable thereto as set
forth in this chapter.
(2)
The use of irrigation pumps and equipment.
(3)
The application of chemical fertilizers, insecticides, herbicides,
pesticides and manure.
(4)
On-site distribution of organic agricultural wastes.
(5)
Use of the land for the grazing of animals, subject to all applicable
restrictions for intensive foul or livestock farms.
(6)
The use of farm laborers employed by the farm owner and/or operator.
(7)
The use of pubic roadways for the transportation of tractors and
other large slow-moving vehicles and equipment.
(8)
The construction of fences for retention of animals and livestock.
(9)
The use of customary farm machinery and equipment.
(10)
The creation of noise, dust, odors and fumes conventionally
associated with such agricultural activities.
(11)
The engaging in farm practices at any and all times deemed reasonably
necessary, including, but not limited to, Sundays, holidays and in
the evenings.
(12)
The raising and keeping of farm animals, including, but not
limited to, dairy cattle, beef cattle, sheep, goats, swine, foul,
horses, ponies and mules; provided, however, that proper sanitation
measures, minimum recommended acreage limitations and appropriate
setbacks between fencing and enclosures for such farm animals and
adjoining properties are established and maintained.
(13)
Installation of physical facilities for soil and water conservation
and the harvesting of timber.
D.
For the purpose of giving due notice of nearby uses to present and future residents, the Township Land Use Board shall require an applicant for a major or minor subdivision, as a condition of approval thereof, to include the following notice, both on the subdivision plat itself and in an instrument in recordable form, to provide constructive record notice to buyers of the existence of any proximate agricultural uses, such instrument to be approved by the Township Land Use Board prior to the filing of the final subdivision plat or recording of any deed(s), as the case may be. Such notice shall read as follows: "Grantee is hereby noticed that there is, or may in the future be, farm use near the described premises from which may emanate noise, odors, dust and fumes associated with the agricultural practices permitted under § 550-37, Right to farm, of the Fredon Township Zoning Ordinance." A copy of this section shall be attached to said deed(s).
A.
General requirements for towers and antennas.
(1)
Antennas and towers shall be permitted as either principal or accessory uses in the LI and CF Zones. Notwithstanding any other Township land use regulation, an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. If a tower and its appurtenant structures constitute the sole use of the lot, the tower shall be deemed to be the principal use. If a tower and its appurtenant structures are not the sole use of the lot, the tower shall be deemed an accessory use. In either case, antennas and towers shall be subject to the design standards in Subsection B below.
(2)
For purposes of determining whether the installation of a tower or
antenna complies with the applicable regulations, including but not
limited to setback requirements, lot coverage requirements, and other
such requirements, the dimensions of the entire lot shall control,
even though the antennas may be located on leased parcels within such
lot.
(3)
Commercial wireless communications antennas and equipment, including
towers, which have not been in use for commercial wireless communications
purposes for a period of one year, shall be removed by the property
owner. This removal shall occur within 60 days of the end of such
one-year period. Upon removal, the site shall be cleaned and restored.
Any and all costs of removal shall be the sole responsibility of the
property owner. If the property owner fails to remove the unused equipment
within the specified time period, the Township of Fredon may undertake
such removal, and the property owner shall be liable for all of the
Township's costs for removal and any additional costs incurred by
the Township to recover its costs, including attorneys' fees, if applicable.
B.
Design standards for towers and antennas.
(1)
Co-location on approved wireless communications facilities is required
as a primary option rather than construction of new or additional
single-use towers. Applications for new or additional towers shall
include a letter of commitment, submitted prior to any approval by
the reviewing board, to lease excess space on the facility to other
communications providers at reasonable rental rates and on reasonable
terms. The letter shall commit the owner of the facility and successors
in interest. If the applicant provides proof that co-location would
require additional antenna height that would create a visual detriment,
then the reviewing board may waive the requirement of co-location.
(2)
Aesthetics.
(a)
Towers shall either maintain a galvanized steel finish subject
to any applicable standards of the FAA or the Township Land Use Board,
or be painted a neutral color so as to reduce visual obtrusiveness.
(b)
Stealth technology shall be utilized where, unless there is
a visual benefit to not using stealth technology.
(c)
At a tower site, the design of the buildings and related structures
shall, to the extent possible, use materials, colors, textures, screening
and landscaping that will blend them into the natural setting and
surrounding buildings, and shall be located behind existing structures,
buildings or terrain features which will shield the buildings and
related structures from view.
(d)
If an antenna is installed on a structure other than a tower,
the antenna and supporting electrical and mechanical equipment must
be at a neutral ratio that is identical to, or closely comparable
with, the color of the supporting structure so as to make the antenna
and related equipment as visually unobtrusive as possible.
(3)
Area, yard and bulk requirements.
(a)
If an antenna is installed on a structure other than a tower,
the height of such antenna shall not exceed the height of the structure
above the ground by more than 10 feet.
(b)
No freestanding tower or antenna structure shall exceed the
height necessary in order to fill the gap in service shown by radio
frequency experts, which shall be demonstrated through provision of
a radio frequency report.
(c)
Any freestanding tower shall be set back from the property line
a distance equal to or greater than the height of the tower and antenna.
(d)
Any freestanding tower shall be located at a minimum distance
from a residential zone of at least two times the proposed height
of the tower..
(e)
Any proposed building related to electronic equipment shall
not be more than 15 feet in height nor more than 600 square feet in
area, and only one such building shall be permitted on the lot for
each provider of communication services located on the site.
(f)
Any equipment building or structure servicing the wireless communications
tower or antenna shall conform to the setback requirements otherwise
applicable in the zone district or be set back at least 15 feet from
the property line, whichever is greater.
(4)
Lighting shall be prohibited except as follows:
(a)
A building enclosing electronic equipment may have one light
at the entrance to the building, provided the light is attached to
the building, is focused downward and is switched so that the light
is turned on only when workers are at the building,
(b)
No lighting is permitted on a tower except lighting specifically
required by the FAA.
(c)
Any such required lighting shall be focused and shielded to
the greatest extent possible so as not to project toward adjacent
and nearby properties.
(6)
All towers must meet or exceed current standards and regulations
of the FAA, the FCC and any other state or federal agency with the
authority to regulate such uses and, when such raised standards and
regulations are changed, then the owners of the towers and antennas
governed by this section shall bring such towers and antennas into
compliance with such revised standards within six months of the effective
date of such standards and regulations, unless a different compliance
schedule is mandated by the controlling state or federal agency. Failure
to bring towers and antennas into compliance with such revised standards
and regulations shall constitute grounds for the immediate removal
of the tower or antenna at the owner's expense.
(7)
To ensure the structural integrity of towers, the owner of a tower
shall ensure that it is maintained in compliance with standards contained
in applicable state or local building codes and the applicable standards
for towers that are published by the Electronic Industries Association
(EIA), as amended from time to time. If, upon inspection, the Township
of Fredon concludes that a tower fails to comply with such codes and
standards and constitutes a danger to persons or property, then upon
notice being provided to the owner of the tower, the owner shall have
30 calendar days to bring such tower into compliance with such standards.
Failure to bring such tower into compliance within said 30 calendar
days shall constitute grounds for the immediate removal of the tower
or antenna by the owner, lessee or by the Township at the owner's
expense.
(9)
Minimal off-street parking shall be permitted as needed and approved
by the appropriate land use board.
(10)
All towers shall be designed with anti-climbing devices in order
to prevent unauthorized access. Additionally, any tower supporting
cellular or other wireless tower antennas and any building enclosing
related electronic equipment shall be surrounded by a fence between
six feet and eight feet high, excluding barbed wire. The fence shall
be bordered by a double stepped row of evergreen conifer trees at
least eight feet tall at the time of planting and shall be planted
10 feet on center.
(11)
No cellular or other wireless antenna and/or its related electronic
equipment shall interfere with any public safety communications.
(12)
Noise levels at any property line shall not exceed 50 decibels
or current noise standards promulgated by the State of New Jersey,
whichever is less.
(13)
Any generator located on site shall be enclosed within a portion
of the electronic equipment building. Any fuel storage shall be done
in compliance with federal and state regulations and shall be limited
to fuel stored within the primary fuel tank provided by the manufacturer
of the generator. No auxiliary or supplementary fuel storage shall
be permitted.
A.
Outdoor cafes shall be permitted in the MUMD zone district as an
accessory use to indoor eating facilities such as coffee shops, restaurants,
ice cream parlors, bakeries, and cafes. The outdoor cafe shall be
located on the same lot as the principal permitted indoor eating facility.
B.
The area devoted to outdoor dining areas shall not exceed 15% of
the indoor dining area.
C.
Location and design.
(1)
Outdoor dining areas shall only be located on private property within
the permitted building area immediately adjacent to the building.
(2)
All outdoor cafes shall be a minimum of 50 feet from the property
line of a residential property. The reviewing agency may require a
buffer, which may include a staggered row of evergreen plantings,
supplemented by additional ornamental and deciduous plant material.
(3)
The operation of an outdoor cafe shall be located such that there
is at least four feet of clear and unobstructed passageway between
the tables, chairs, and barriers and any street trees, bike racks,
lampposts, signposts, and any other fixtures or obstructions. The
reviewing agency may require more than four feet to protect public
safety if it deems that it is necessary because of site-specific conditions.
(4)
Outdoor dining shall be located at least eight feet from any driveway
and/or parking area, excluding designated passenger dropoff and pickup
areas.
(5)
Outdoor dining shall be set back at least 15 feet from the curbline
of a street and shall comply with all sight triangle requirements.
D.
A screen visually separating adjacent private property from the proposed
outdoor dining area shall be provided. The screening may include landscaping,
retaining walls, and/or fencing materials or any combination thereof.
F.
Amplified entertainment is not permitted in outdoor dining areas.
G.
No outdoor storage of refuse shall be permitted.
H.
The applicant shall comply with the parking requirements for restaurant
uses. In calculating the required parking, all seats, both indoor
and outdoor, must be utilized.
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.
[1]
Editor’s Note: Former § 550-41, Solar energy devices,
was repealed 6-14-2012 by Ord. No. 2012-05.
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.[1] 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.