Township of Fredon, NJ General Regulations

Maximum height at rear of property shall be six feet.

Maximum height at the property side line, but not beyond the front building line, shall be six feet.

Maximum height at the property side line between the front building line and the street right-of-way line shall be three feet.

Maximum height at front of property shall be three feet.

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.

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.

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.

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.

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.

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.

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.

§ 550-29 Lot and yard provisions.

Usable lot area required.

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.

The following areas of a lot are determined to be potentially constrained for development:

Wetlands and wetlands transition areas.

Floodway and buffers.

Floodway fringe.

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).

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.

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.

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 primary septic system;

A well meeting the one-hundred-foot minimum required isolation distance from the primary and reserve septic systems, if a septic system is used;

An area for the dwelling with an area adjacent to the dwelling for recreation purposes; and

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.

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.

Corner lots.

Where a lot is bounded by more than one street, the front yard or setback requirements shall be met on both abutting streets.

On a corner lot, no fence or planting shall be erected or maintained within the limits of a sight triangle easement.

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.

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.

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.

§ 550-30 Height exceptions.

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.

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.

§ 550-31 Lot width exceptions.

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.

§ 550-32 Flag lot subdivisions.

Flag lots may be created in the RA and AR zone districts in accordance with the following requirements:

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.

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.

The flag lot stem shall remain open and unbuilt upon at all times.

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.

The entire portion of the required lot area shall be on one side of the flag lot stem.

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.

§ 550-33 Minimum standards for residential uses.

The following minimum standards shall govern all residential uses:

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.

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.

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.

§ 550-34 Sewage and water systems.

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.

§ 550-35 Alteration to lot contours, grades, drainage restricted.

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:

There shall be no increase in the grade of a lot within five feet of an adjoining street or property line.

No grade shall be increased to a slope greater than 2:1.

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.

§ 550-36 Elimination of hazardous conditions.

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.

§ 550-37 Right to farm.

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.

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.

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:

The storage, processing and sale of farm products; subject, however, to all other conditions and limitations applicable thereto as set forth in this chapter.

The use of irrigation pumps and equipment.

The application of chemical fertilizers, insecticides, herbicides, pesticides and manure.

On-site distribution of organic agricultural wastes.

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.

(14)

Provisions for the wholesale and retail marketing of the agricultural output of the farm, which include the building of temporary and permanent structures and parking areas for said purpose, providing same conform to all applicable provisions of this chapter and Chapter 424, Site Plan Review.

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).

§ 550-38 Wireless communication towers.

General requirements for towers and antennas.

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.

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.

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.

Design standards for towers and antennas.

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.

Aesthetics.

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.

Stealth technology shall be utilized where, unless there is a visual benefit to not using stealth technology.

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.

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.

Area, yard and bulk requirements.

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.

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.

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.

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.

Lighting shall be prohibited except as follows:

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,

No lighting is permitted on a tower except lighting specifically required by the FAA.

Any such required lighting shall be focused and shielded to the greatest extent possible so as not to project toward adjacent and nearby properties.

Towers or antennas proposed within a scenic corridor shall be subject to the standards set forth in § 550-44 in addition to this section. Where the standards in this section and § 550-44 conflict, the more restrictive requirement shall apply.

(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.

(8)

No signs shall be allowed on an antenna or tower except as may be required by the FAA or FCC or as required or permitted by the Land Use Board.

[Amended 11-10-2016 by Ord. No. 2016-11[1]]

[1]

Editor's Note: This ordinance provided an effective date of 1-1-2017.

(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.

§ 550-39 Outdoor cafes.

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.

The area devoted to outdoor dining areas shall not exceed 15% of the indoor dining area.

Location and design.

Outdoor dining areas shall only be located on private property within the permitted building area immediately adjacent to the building.

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.

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.

Outdoor dining shall be located at least eight feet from any driveway and/or parking area, excluding designated passenger dropoff and pickup areas.

Outdoor dining shall be set back at least 15 feet from the curbline of a street and shall comply with all sight triangle requirements.

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.

All lighting shall be directed towards the principal restaurant and shall otherwise comply with § 424-30 of Chapter 424, Site Plan Review.

Amplified entertainment is not permitted in outdoor dining areas.

No outdoor storage of refuse shall be permitted.

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.

§ 550-40 Windmills.

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:

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.

The minimum lot size required for the erection, construction or placement of a windmill on a property shall be seven acres.

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.

Location and setbacks.

The proposed windmill(s) shall comply with the requirements for scenic corridors, as set forth in § 550-44.

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.

No windmill shall be located in any required front yard area.