Permitted principal uses in the LI Zone shall be as follows:
A.
General manufacturing, including, but not limited to, the manufacture,
compounding, assembly, processing, packing or treatment of articles
or products.
B.
Machine shops, not including foundries and heavy fabrication.
C.
Scientific or research laboratories, including pilot plants in connection
therewith.
D.
Wholesale business storage and warehousing.
E.
Distribution centers, including, but not limited to, parcel delivery
service industry.
F.
Moving and storage operations, including self-storage facilities.
G.
Printing, publishing, lithographing, and binding operations.
H.
Computer and data processing centers.
I.
Greenhouses and garden centers.
J.
Lumber and building materials sales.
K.
Health and fitness centers.
L.
Indoor tennis, racquetball and similar court sports.
M.
Offices for business, professional and administrative purposes, and
office record storage.
N.
Medical offices and clinics.
O.
Public buildings and utility uses, other than electricity generating
plants, gas manufacturing plants or gasometers.
Q.
Child-care facilities, pursuant to N.J.S.A. 40:55D-66.6.
Permitted conditional uses in the LI Zone shall be as follows:
A.
B.
Solar production systems, as herein defined, subject to the following
conditions:
[Added 6-14-2012 by Ord. No. 2012-05]
(1)
Energy generation shall be limited to six megawatts (MW) in order
that no such commercial system is generating energy on the scale of
a public utility. However, this provision is in no way meant to prohibit
the generation and sale of electricity to public utilities for profit.
(2)
Solar production systems shall be ground mounted only.
(3)
In order to minimize the removal of forests and large groups of trees,
the land which is the subject of the proposed solar production system
shall have been cleared for at least five years prior to the submission
of the application.
(4)
In no event shall a lot have more than 10% of the existing forested
portion thereof cleared for ground-mounted solar production systems.
(5)
The minimum lot size shall equal at least six acres for each megawatt
(MW) of electrical energy produced.
(6)
Not in excess of 80% of the lot may be devoted to ground-mounted
solar production systems.
(7)
All ground-mounted solar production systems shall be set back a distance
of 75 feet from all property lines and street right-of-way lines,
and within such setback area no solar panels, inverters, interconnection
equipment or other devices or facilities related to their use shall
be located.
(8)
Ground-mounted solar arrays shall not exceed a height of 12 feet.
(9)
Ground-mounted solar arrays and all attendant equipment and facilities
shall be enclosed within a chain-link fence, coated with black vinyl
material and attended by a bottom rail (and not merely a tension wire),
which shall have a height of eight feet with the exception of the
portions thereof which enclose inverters, switchgears and other high-voltage
equipment, which shall be enclosed with a black-vinyl-coated chain-link
fence having a height of 10 feet.
(10)
The arrays of solar panels shall be established in a generally
symmetrical fashion, i.e., square or rectangular, and extreme deviations
from such configurations shall not be permitted.
(11)
Each row of ground-mounted solar panel arrays shall be identified
by a numbering or lettering system in order that service providers,
including emergency service providers, can efficiently locate the
area of concern. In order to assure the prompt and efficient provision
of emergency services to the solar panel array, a map of same, including
the identification of each and every row of solar panels and the high-voltage
equipment areas (inverters, switch stations, etc.) shall be provided
to the Township Clerk and the emergency service provider organizations
in the Township.
(12)
Ground-mounted solar panels and solar arrays shall not be subject
to impervious surface calculations, unless installed above an existing
impervious surface.
(13)
The facilities and associated equipment shall not be used for
displaying any advertising except for reasonable identification of
the manufacturer or operator of the system. In no case shall any such
identification be visible from an adjoining property line.
(14)
Facilities and associated equipment shall not significantly
impair a scenic vista or scenic corridor as identified in the Township's
Master Plan or other published source.
(15)
Wires, cables and transmission lines running between the facility
and any other structure shall be installed underground. However, interconnection
services between the solar facility and the utility transmission lines
may be constructed above the ground.
(16)
Design of access roads shall be such as to minimize lot coverage
and the distance from public roads.
(17)
Facilities shall use semipervious materials, such as gravel,
for access roads to minimize stormwater runoff.
(18)
All ground-mounted electrical and control equipment shall be
labeled and secured to prevent unauthorized access.
(19)
All solar production systems shall be screened from view of
all public streets by buildings and/or a fifty-foot buffer of dense
evergreen plant material and/or fences as deemed necessary by the
Land Use Board to achieve the intended buffer.
(20)
Ground-mounted solar systems shall include a landscape plan
indicating the seed mix to be used as ground cover beneath the solar
arrays. Such seed mix shall consist of 100% native noninvasive species
that are low maintenance, promote or aid the local wildlife and do
not grow to the height of the bottom of the panels.
(21)
Periodic maintenance of the facility shall be conducted in order
that the grass and other vegetation beneath the solar panel arrays
shall have a uniform height and shall be no taller than one foot (12
inches) beneath the lower portion of any panel.
(22)
Abandoned solar facilities.
(a)
Wind and solar production systems and associated equipment that
have not been in use for commercial production and sale for a period
of six consecutive months shall be removed by the property owner.
Additionally, all equipment buildings, related facilities, fencing,
utility connections and access driveways shall be removed and the
site restored to its predevelopment condition. This removal shall
occur within 60 days of the end of such six-month period. Upon removal,
the site shall be cleared and restored. Any and all costs of removal
shall be the sole responsibility of the property owner.
(b)
In order to ensure compliance with these requirements, the owner
shall provide a performance bond and/or other assurances satisfactory
to the Land Use Board and the Township Committee to cover the cost
of removal of the facility, associated equipment and any other related
improvements to the land which are required to be removed. The amount
of the performance guarantee shall be 120% of the estimated cost of
removal and shall be subject to the approval of the Township Engineer.
(c)
In the event that a bond is not available for a term adequate
to serve its intended purpose, or if the developer so elects, the
developer may post a cash performance guaranty to assure site restoration
in the event of abandonment of the project. The amount of the cash
deposit, which shall be placed in escrow with the Township of Fredon
in an interest-bearing account, shall be determined as follows:
[1]
The developer's engineer shall prepare a restoration cost estimate,
which may take into account the salvage value of the facilities at
the time of site restoration, and deduct that amount from the total
cost of site restoration.
[2]
That estimate shall be submitted to the Township Engineer, who
shall then review and approve or modify the amount as he/she deems
appropriate.
[3]
The total amount of the cash performance guaranty shall then
be divided by either the projected useful life of the project or the
initial term of the lease if the developer is not the property owner,
whichever term shall be lesser.
[4]
The total amount of the performance guaranty shall be divided
by that number of years to result in the annual cash deposit requirement
to be posted with the Township of Fredon.
(d)
Failure to remove an abandoned solar facility shall entitle
the Township to remove same at the owner's expense and to assess the
property owner for all reasonable costs incurred. The amount of the
performance guaranty, established in accordance with the foregoing,
shall be reviewed by the Township Engineer every five years to confirm
its continuing adequacy in serving its intended purpose.
C.
A cannabis cultivator with ancillary manufacturer shall meet the
following conditions when permitted as a conditional use.
[Added 11-22-2021 by Ord.
No. 2021-11]
(1)
Location: The property and facility shall have frontage on and direct
access to Route 94.
(2)
Minimum lot size: The lot shall not be less than 10 acres in size.
(3)
Building size. The building's size shall be proportionate with the
lot on which it is situated as follows:
(6)
Signage: Signs shall be limited to street address and identification/name
of business. Signage shall not promote consumption of any cannabis
products. All other signage regulations in the Zone shall be met.
(7)
Allocation of building use: Cannabis manufacturing may only occur
in a building used for cannabis cultivation. No more than 20% of a
building used for cultivation may be allocated for manufacturing by
a cannabis manufacturer, as well as office use in connection with
the cultivation and manufacturing business.
(8)
Site plan approval: All cannabis cultivators require major site plan
and conditional use approval. A zoning certificate cannot be issued
until Board approval is obtained. When seeking site plan approval,
cannabis cultivators shall submit the following for Board approval.
(9)
Product consumption: No cannabis products shall be permitted to be
consumed on site.
(10)
Odor control: The facility shall provide an air treatment system
with sufficient odor absorbing ventilation and exhaust systems such
that any odor generated inside the facility is not detectable by a
person of reasonable sensitivity at the property line of the subject
property. Odor from the facility shall be monitored periodically at
the discretion of the Township by a licensed, qualified contractor
chosen by the Township and paid for by the operator.
Permitted accessory uses in the LI Zone shall be as follows:
A.
Outdoor storage, provided that said storage shall not be located
in a front yard nor in a side yard adjoining a street, said storage
shall meet the setback requirements from property lines for accessory
buildings, and said storage shall be screened from adjacent properties
by special planting or a fence as approved by the Land Use Board.
B.
Retail sales of goods and products manufactured or warehoused on
the premises, provided that the area devoted to retail sales shall
be limited to a maximum of 10% of the floor area occupied by the firm
or establishment or 2,500 square feet, whichever is lesser. Further,
the required number of parking spaces for the area devoted to retail
sales shall be determined separately from other operations in the
building.
C.
Garages for the storage of vehicles used in the conduct of the principal
use.
D.
Gate houses and guard houses necessary for security and traffic control.
E.
Where there is a lawfully preexisting residence, accessory uses and/or structures customarily incidental to a residential use, such as pools, fences and decks, shall be permitted with the same restrictions that apply in § 550-27.
H.
Small solar systems limited to the lesser of 15 kilowatts (15 kw)
or 110% of the average of the three prior years’ electrical
energy consumption. Solar panels and solar arrays may be rooftop mounted
or ground mounted in the rear yard area only, at the applicant’s
discretion. Ground-mounted solar panel arrays shall be prohibited
from being located within the front yard area. In the event that an
applicant proposes to locate ground-mounted solar panel arrays in
the side yard area, application shall be made to the Zoning Officer
for the grant of a waiver. In order to receive such waiver, the applicant
shall demonstrate to the Zoning Officer that the location of the solar
panel arrays on the roof of the residence (or other structure on the
lot) or in the rear yard area is impracticable or will exact undue
hardship because of peculiar conditions pertaining to the land in
question. In the event that the Zoning Officer has doubt or difficulty
with making a determination as to the granting of such waiver or in
the event that the Zoning Officer denies such waiver, application
shall be made to the Land Use Board for the grant of such waiver,
which shall be treated as an exception pursuant to N.J.S.A. 40:55D-51.
All ground-mounted small solar systems will be located upon the lot
in closer proximity to the principal residence thereon than to any
neighboring homes or building envelopes on adjoining properties that
are unimproved. Ground-mounted solar arrays permitted by the Land
Use Board, upon proper application, to be located within the side
yard setback area shall be effectively screened from view from the
street and adjacent properties by evergreen plantings having a minimum
planted height of 48 inches and a maximum on-center planting spacing
of 10 feet to create a continuous visual buffer. After completion
of installation, the applicant shall provide written notice of the
existence of such small solar energy system to the emergency service
providers (Fredon Township Fire Department and Fredon Emergency Medical
Services) identifying the subject property by block and lot, street
address and a graphic plan or narrative identifying the location of
the electrical service disconnect for the solar energy system.
[Amended 6-14-2012 by Ord. No. 2012-05]
The following requirements shall be met for all lots within
the LI Zone:
A.
Lot area. The minimum lot area shall be at least five acres.
D.
Building height. The height of the principal structure shall not
exceed 40 feet above grade, exclusive of antennas, flagpoles, smokestacks,
water towers and the like. In no case shall the highest point of the
accessory structure be greater than 50 feet above the principal structure.
Where the distance from the base point of the accessory structure
to the nearest property line is less than 90 feet, the highest point
of the accessory structure shall be no greater than the distance from
the base of the accessory structure to the nearest property line.
E.
Buffers. Where the light industrial property is bounded by property
zoned for residential use, there shall be a buffer of 200 feet between
such boundary and any structure, parking lot or driveway constructed
on the light industrial property. The buffer area shall include a
fence or vegetation adequate to screen the light industrial use from
the residential zone.
F.
Parking location. Parking spaces and parking service aisles shall not be located in the front yard of the lot, and shall be designed in accordance with Chapter 424, Site Plan Review.
G.
Building coverage. Building coverage shall not exceed 20% of the
total lot area.
H.
Floor area ratio. The ratio of the gross floor area of all principal
building(s) on the lot to the total lot area shall not exceed .25.
I.
Number of principal uses. There shall be only one principal use on
each lot in the light industrial zone.
