A.
All uses permitted by right or conditional approval
shall be subject, in addition to use regulations, to such regulations
of yard, lot size, lot width, building area and height, impervious
surfaces, easements, buffer yards, off-street parking and such other
provisions as are specified in other articles herein.
B.
In particular, the laws of the state and the local
regulations regarding waste disposal shall be adhered to. Further,
no zoning permit shall be issued until approval is obtained from the
necessary regulatory bodies for sewage disposal, unless the premises
are served by public water and/or sewer facilities.
A.
Temporary residential use. No garage or other accessory
building, partial structure or temporary structure shall be erected
or moved onto a lot and used for any dwelling purposes unless authorized
by the issuance of a temporary zoning permit. Such permit shall clearly
set forth that the structure proposed is intended for temporary dwelling
purposes and that the authorized structure is to be vacated upon the
expiration of a specified time limit, not to exceed one year. On receipt
of the zoning permit, the applicant shall certify that he or she has
knowledge of the terms of the permit and the penalty that can be invoked
for violation.
A.
Agricultural uses.
(1)
A-1, agriculture and horticulture. Agriculture and
horticulture shall include uses such as tilling of soil; raising of
livestock, horses or poultry; growing trees, shrubs, flowers or vegetables;
and related farmhouses and usual farm buildings, provided that the
following shall apply:
(a)
Farm unit. Single-family detached dwelling for
the sole use of individuals and their immediate families, engaged
in agricultural employment on the same site or for the immediate family
of the landowner or for persons engaged in agricultural employment
on the property. This use is subject to the following provisions:
[1]
One dwelling unit per farm will be permitted,
provided that the site is equal to five acres plus the minimum lot
size required for a dwelling unit in the zoning district in which
the farm unit is located.
(b)
Accessory farm buildings. All buildings associated
with the use, i.e., barns, sheds, silos, etc., shall be permitted,
provided that:
(c)
Livestock. The keeping of livestock or horses
shall be limited to lots of at least three acres in area and shall
be limited to one head of livestock or horse or 50 fowl per acre on
lots less than 10 acres in area. Riding academies, livery or boarding
stables and commercial dog kennels are not included in this provision
and must meet the requirements of uses A-5 or A-6 herein.
[Amended 4-17-2019 by Ord. No. 2019-03]
(d)
Such use does not include landscape contracting.
(e)
Parking: no less than two off-street parking
spaces per dwelling unit shall be provided.
(2)
A-2, agricultural sales/farm stands. Sales of farm
products shall be conducted from a portable or permanent structure
not exceeding 400 square feet in area, under the following conditions:
(a)
Only farm produce may be sold.
(b)
Farm produce shall be limited to plant material
and harvested crops.
(c)
At least 50% of the produce must be grown or
raised on the property or in the immediate region.
(d)
Any processed (frozen, canned, etc.) food for
sale must have been grown or raised on the property or in the immediate
region.
(e)
Access to the tract must be controlled by physical
means to limit access to two points. The access points shall be no
more than 24 feet wide.
(f)
Sales buildings or stands shall comply with
the minimum setback requirements of the district.
(g)
Parking: no less than one off-street parking
space for each 200 square feet of building floor area or a minimum
of four spaces shall be provided, whichever is greater. All parking
shall be provided beyond the legal right-of-way.
(3)
A-3, nursery, with or without retail sales of greenhouse
sales of flowers, shrubs and plants, provided that:
(a)
A lot area of not less than five acres shall
be required.
(b)
No more than 65% of the retail stock of a nursery
shall be plant material raised on properties not owned or leased by
the applicant.
(c)
Parking: not less than one off-street parking
space per 200 feet of sales area shall be provided.
(4)
A-4, landscape contractor. Personal service business
of building, installing and maintaining hard and soft landscape features
off-site for a contracted fee:
(a)
Outdoor storage permitted with a sufficient
buffer yard.
(b)
There shall be a continuous landscape buffer
a minimum of 100 feet wide adjacent to all residential uses and districts.
(c)
Parking: one off-street parking space per employee
plus one parking space per each piece of equipment shall be provided.
(5)
A-5, riding academy. Riding academy, livery or boarding
stable, subject to the following provisions:
(a)
A lot area of not less than 10 acres shall be
required.
(b)
Dwellings and accessory farm buildings shall
be permitted in accordance with the regulations for agriculture and
horticulture, use A-1.
(c)
No more than one horse per acre shall be permitted.
(d)
Horse shows shall be permitted only by approval
of the Borough Council and shall be limited to a specified number
each year for each riding academy.
(e)
Parking: no less than one off-street parking
space shall be provided for every three horse boarding spaces.
(6)
A-6, kennel. The keeping of more than six dogs that
are more than six months old for breeding, training, selling or boarding
for a fee is permitted, provided that the following conditions are
met:
(a)
Minimum lot size shall be five acres.
(b)
No animal shelter or runway shall be located
closer than 300 feet to any residential building other than the owner's.
(c)
The total number of dogs on the property shall
not exceed five dogs per acre or 20 dogs maximum, excluding dogs under
six months of age.
(d)
All kennels must present proof of a waste disposal
and a management program certified acceptable by the County Health
Department or local Board of Health.
(e)
Parking: no less than one off-street parking
space for each employee plus one space for each seven animals in capacity
shall be provided, except for training, where one space shall be provided
for each three animals.
(7)
A-7,
poultry. Chickens may be kept and maintained on residential lots,
provided the following shall apply:
[Added 4-17-2019 by Ord.
No. 2019-03]
(a)
A maximum of eight chickens, excluding roosters, may be kept on a
residential lot of up to acre.
(b)
A maximum of 24 chickens, excluding roosters, may be kept on a residential
property lot exceeding one or more acres.
(c)
Roosters may be kept on a residential lot of three acres or more.
(d)
This section shall not apply to any property that is certified as
a commercial farm entitled to protection under the Right to Farm rules
and regulations.
B.
Residential uses.
(2)
B-2, village house. A village house is a single-family
detached dwelling on a separate lot. It differs from other forms of
single-family detached housing in its lot size and its placement on
the lot, which are similar to houses found in the historic villages
and towns. The house is placed very close to the street and is additionally
distinguished from other single-family houses by planting or architectural
treatments.
(a)
Each unit shall require a minimum of two of
the following characteristics:
[1]
One canopy tree per lot or two flowering trees
per lot.
[2]
An unenclosed porch, running across at least
3/4 of the house front and being at least seven feet in width.
[3]
A front yard raised above sidewalk grade by
at least 18 inches with a retaining wall of at least 18 inches at
the sidewalk line.
[4]
A front yard enclosed by a permanent wall or
fence of wood or masonry construction at least 30 inches in height.
[5]
Hedge yard: one of the following or similar
species per 18 inches:
(b)
Parking: no less than two off-street parking
spaces shall be provided on any lot on which a dwelling in hereafter
erected.
(3)
B-3, patio house/Z-lot house. A patio or Z-lot house
is a single-family detached or semidetached dwelling with one or two
of the building walls set on one or two of the side property lines
and with additional walls or fences set on the remaining side and
the rear property lines to form a private outdoor enclosure.
(a)
The lot shall be fully enclosed by a wall or
fence at least five feet six inches high.
(b)
Building walls set on side property lines shall
either have no windows or fixed windows with translucent glass.
(c)
The patio shall be a minimum of 144 square feet.
(d)
Parking: no less than two off-street spaces
shall be permitted per dwelling unit.
(6)
B-6, townhouse. A townhouse dwelling is a single-family
attached or semidetached dwelling within a multi-dwelling building,
with only one dwelling from ground to roof. No more than two walls
of each dwelling are in common with other such dwellings, provided
that:
(a)
An average of five dwelling units in a row shall
be permitted, with no more than eight dwelling units in a group.
(b)
Townhouses shall be arranged in groups or clusters
and not in long rows parallel to street lines. No more than eight
such buildings may be so attached in any one group. No more than five
such buildings shall be in a row, and the total length of the row
shall not exceed 120 feet.
(c)
To create architectural interest in the layout
and character of housing fronting streets, variations in setbacks,
materials and design shall be encouraged. In any case, a minimum of
two feet variation in setback shall occur at least every third dwelling.
(d)
No less than two off-street spaces shall be
permitted per dwelling unit.
(7)
B-7, multiplex. A multiplex dwelling is an attached
dwelling with a three to five dwelling building and with one dwelling
above, side-by-side or back-to-back with another dwelling. The building
has yards on all four sides.
(8)
B-8, garden apartment. A garden apartment dwelling
is an attached dwelling within a six- to sixteen-dwelling building
and with dwellings above, side-by-side or back-to-back with other
dwellings. The building has setbacks on all four sides.
(a)
The maximum length of such a building shall
be 150 feet in any one direction.
(b)
The maximum number of dwelling units in such
building shall be 16 per any one direction.
(d)
Garden apartments shall be arranged in groups
or clusters and not in long rows parallel to street lines.
(e)
To create architectural interest in the layout
and character of housing fronting streets, variations in setbacks,
materials and design shall be encouraged.
(f)
Parking: no less than one parking space shall
be required for an efficiency apartment; no less than one parking
space shall be required for a one-bedroom apartment; no less than
two parking spaces shall be required for a two-bedroom apartment;
additionally, one space per unit is required for overflow parking.
(9)
B-9, single-family detached cluster. A single-family
detached cluster use shall include single-family detached dwellings
on individual lots that are clustered to preserve open space, provided
that:
(11)
B-11, residential conversion. Such use shall
include the conversion of an existing dwelling into more than one
dwelling or the conversion of an accessory building into no more than
one dwelling, provided that:
(a)
The yard requirements for the district in which
the use is located shall be met.
(b)
There shall be a maximum of one residential
conversion per residential building or residential lot.
(c)
All conversions must comply with all applicable
regulations of the State of New Jersey in addition to all local building
codes and permit requirements of Glen Gardner Borough and Hunterdon
County, as applicable.
(d)
The appearance of the conversion shall be in
conformance with the existing structure regarding size, bulk, etc.
(e)
Exterior fire escapes and outside stairways
shall be located at the rear or side of the building.
(f)
Documentation that the existing well and septic
system can accommodate additional unit demands.
(g)
Parking: no less than two off-street parking
spaces shall be provided for each dwelling unit. In addition, the
following standards shall be met:
[1]
No off-street parking shall be permitted in
the front yard. Parking in the side and rear yards shall be visibly
buffered from the street and the adjacent yards.
[2]
The intensity of development may be contingent
upon the amount of parking permitted for any given lot. No parking
shall be so extensive in proportion to the total area of any lot so
as to detract from the residential character of the community. The
maximum impervious surface ratio for the district may not be exceeded.
[3]
All drainage on-site shall be handled in accordance
with the recommendations of the Borough Engineer.
(h)
The owner must reside on the property used for
residential conversion.
(12)
B-12, group homes. The purpose of this use is
to create a setting which most nearly approximates traditional familial
living arrangements for the developmentally disabled and victims of
domestic abuse. All group home structures should have the appearance
of single-family or other traditionally residential structures. In
addition to any other applicable provisions of the zoning provisions
of this chapter, the following standards must be met in order to qualify
for this use:
(a)
No group home shall be located on any street
other than a local access street.
(b)
If any group home use is to be operated by a
group, organization, corporation, etc. that is subject to state or
local regulation, then said group, organization, corporation, etc.
must comply with all appropriate regulations of any governmental agency
authorized to regulate said group, organization, corporation, etc.
Proof of compliance with all applicable regulations shall be furnished
to the municipal Zoning Officer within three months of the granting
of the zoning permit.
(c)
Parking: One parking space shall be provided for each employee plus one space for each two residents. Said parking spaces shall be constructed so that no more than two spaces appear in the front yard, thereby confining the remainder of the parking to the rear and side yards. Buffering requirements and landscaping requirements shall be in accordance with Article VII.
(13)
B-13, guest houses/bed-and-breakfast. The use
and occupancy of a detached dwelling shall be permitted for accommodating
transient guests for rent, subject to the following additional conditions
and restrictions:
(a)
No more than six guest rooms may be provided.
No more than two adults and two children may occupy one guest room.
(b)
The minimum lot size for the guest house use
shall be 30,000 square feet.
(c)
No external alterations, additions or changes
to the exterior structure shall be permitted except as required by
the State of New Jersey or any other governmental agency for safety
reasons.
(d)
The use shall be carried on primarily by members
of the immediate family, which must reside on the premises. Nonresident
employees shall be limited to two in addition to the resident members
of the family.
(e)
There shall be no separate kitchen or cooking
facilities in any guest room. Food shall be served only to guests
on the premises.
(f)
The maximum uninterrupted length of stay at
a guest house shall be 14 days.
(g)
The use of any amenities provided by the guest
house such as swimming pool or tennis courts shall be restricted in
use to guests of the establishment.
(h)
There shall be no use of show windows or display or advertising visible outside the premises to attract guests other than a single, nonilluminated sign which meets the regulations set forth in Article VIII of this chapter.
(i)
If the facility is served by an on-lot water
supply system and/or an on-lot wastewater disposal system, the applicant
shall demonstrate to the satisfaction of the municipal Health Officer
and the governing body that these on-lot facilities are adequate to
serve the maximum number of guests which could be housed at the facility
at any one time.
(j)
Parking: one off-street parking space shall be provided for each guest room, plus one space for each employee and two spaces for the owners of the property. The off-street parking spaces shall be located either to the side or rear of the main dwelling and should be screened from the roadway by a five-foot fence or plant material as specified in Article VII of this chapter.
(14)
B-14, residential flat. A residential flat is
a dwelling unit situated on the floors above permitted nonresidential
uses.
[Amended 12-18-2007 by Ord. No. 2007-8]
(15)
B-15, age-restricted housing. A variety of dwelling
unit types and associated services designed for mature adults, 55
years of age or older, which includes but is not limited to single-family
detached and attached housing, townhomes, garden apartments, assisted-living
facilities, congregate-care facilities, continuing care/extended and
outpatient care facilities, provided that:
[Added 4-17-2001 by Ord. No. 2001-4]
(a)
Age restrictions. Through its corporations,
associations or owners, said land shall be restricted by bylaws, rules,
regulations and restrictions of record to use by permanent residents
55 years of age or older, with the following exceptions:
[1]
A member of a couple under the age of 55 years
who is residing with his/her partner who is 55 years of age or over.
[2]
Unemancipated children (as defined under New
Jersey law) residing with their parents or parent where one of the
parents with whom the child or children are residing is 55 years of
age or older.
[3]
One adult under 55 years of age will be admitted
as a permanent resident if it is established that the presence of
such person is essential to the physical care of one or more of the
adult occupants who shall be 55 years of age or older.
(b)
Design requirements for age-restricted housing:
[1]
A comprehensive design plan shall be prepared
for the entire age-restricted housing development featuring a communal
meeting area or neighborhood focal points developed with seating areas,
landscaping, decorative pavement and lighting and structural features
such as picket fencing, masonry walls, a gazebo, etc. A minimum of
250 square feet of developed open space shall be set aside in the
form of neighborhood greens or parks per each residential unit. In
the case of assisted-living, congregate-care or extended-care and
continuing-care facilities, a minimum of 20 square feet of developed
outdoor area per bedroom shall be set aside.
[2]
The development plan for the site, its developed
facilities and the interior of residential units must be specifically
designed to meet the potential physical and social needs and visual,
auditory, ambulatory and other impairments that may affect older persons,
particularly as residents age in place.
[a]
There should be provided a safe
and convenient system of walks accessible to all occupants. Due consideration
should be given in planning walks and ramps to prevent slipping or
stumbling. Handrails and ample space for rest should be provided.
All walks, paths and risers shall be designed according to the requirements
of the Americans with Disabilities Act (ADA).
[b]
Artificial lighting shall be provided
along all walks and interior roads and driveways and in all off-street
parking areas, with sufficient illumination for the safety and convenience
of older-age residents, depending on the anticipated nighttime use.
[c]
An age-restricted housing development
shall provide developed open space and common recreational or community
facilities for the exclusive use of its residents.
[i]
There shall be not less than 10
square feet of floor space per dwelling unit provided in community
or clubhouse buildings, and assisted-living facilities. Such facilities
shall be designed and equipped to meet the social and recreational
needs of the anticipated residents. This may include a hobby and craft
room, lounge areas, meeting rooms, card rooms, rooms providing support
facilities for outdoor recreation facilities or other similar facilities.
[ii]
Not less than 5% of the developable
area of the project shall be developed for outdoor recreational use.
This may include shuffleboard and horseshoe courts, tennis courts
and other appropriate facilities.
[d]
The interior of a residential unit
in an age-restricted housing development shall be designed to accommodate
the reasonable physical impairments of residents as they evolve from
independence to limited functioning. Among features which may be considered
in unit design are skidproof floors, emergency call systems, elevated
switches and electrical outlets that do not require the user to bend
or crouch, grab bars at bathtubs and toilets, doors wide enough to
accommodate wheelchairs, appliances that are front-mounted with easy
to read dials and gauges, and avoidance of barriers such as high doorsteps,
uneven walking surfaces, hard-to-open doors (use lever handles) and
difficult-to-operate plumbing fixtures.
[e]
An on-site security and maintenance
service system may be provided, including an entrance gatehouse, fences,
walls and supporting service buildings.
[3]
The entire planned age-restricted housing development
shall be designed and constructed to provide utility services, including
stormwater drainage, electric, telephone and, where desired, CATV
cables, all of which shall be installed underground.
(c)
Off-street parking. Off-street parking spaces
shall be provided as follows: one attached garage space plus one space
in the driveway for each single-family detached dwelling unit; and
for multifamily unit dwellings, 1.25 parking spaces for each one-bedroom
unit, 1.75 parking spaces for each two-bedroom unit and two parking
spaces for each three-bedroom unit. Adequate parking facilities for
residents, employees and visitors of an assisted-living or congregate-care
facility shall be provided. For assisted-living, congregate-care and
continuing-care/extended-care facilities, there shall be 0.5 off-street
parking space per bedroom in addition to one off-street parking space
for each employee on the largest shift. All parking areas for congregate-care,
continuing-care/extended-care and nonresidential accessory uses shall
be visually defined along their perimeter by a fence, wall, hedge,
tree line or landscaped berm, or some combination of the above. Screening
shall be at least four feet in height to soften the pedestrian's view
of a large number of parked cars.
C.
Religious, educational, recreational and institutional
uses.
(1)
C-1, athletic facility. Such use shall include a recreational
facility owned or operated by a nongovernmental agency, including
outdoor facilities and buildings for indoor court games played with
a ball such as racquetball, handball, squash, tennis, basketball and
volleyball and facilities related thereto, provided that:
(a)
A minimum lot size of three acres is required.
(b)
The use shall not permit amusement parks, wild
parks or zoos.
(c)
No outdoor active recreational area shall be
located nearer to any lot line than 100 feet.
(d)
Outdoor play areas shall be sufficiently screened
and isolated so as to protect the neighborhood from inappropriate
noise and other disturbances.
(e)
Parking: no less than one off-street parking
space for each five persons of total design capacity of the facility
or at least one off-street parking space for each 50 square feet of
floor area used or intended to be used for service to customers, patrons,
clients, guests or members shall be provided, whichever requires the
greater number of off-street parking spaces.
(2)
C-2, cemetery. A cemetery shall include a burial place
or graveyard, including a mausoleum, crematory or columbarium, provided
that:
(a)
Area and bulk regulations.
[1]
The minimum lot size shall be five acres.
[2]
No more than 25% of the entire area, to a maximum
of 1.25 acres, may be devoted to aboveground buildings not serving
as burial markers or memorials, such as business and administration
offices, chapels, maintenance facilities, bath houses, greenhouses,
work houses, repair shops and the like. This restriction includes
parking facilities.
[3]
For all accessory buildings, the setback line
requirement shall be the same as for single-family detached dwellings
in the zone in which the cemetery is located.
[4]
A twenty-foot buffer strip shall be provided
between building or burial site and the cemetery property line.
[5]
The side yard for all accessory buildings shall
be the same as that required for single-family detached dwellings
in the zone in which the cemetery is located.
[6]
If the cemetery area exceeds 50 acres, one dwelling,
to be used for custodial personnel, may be permitted. If the cemetery
area is less than 50 acres, there shall be no dwellings.
(b)
Cemetery design standards.
[1]
The maximum height of mausoleums, columbariums
and other burial structures shall be 15 feet.
[2]
The maximum height of accessory buildings, including
dwelling units, where permitted, shall be three stories or 35 feet.
[3]
For all entrance features, including gates,
fountains, statuary, identification signs and the like:
[a]
There shall be not more than two identification signs at such entrance and the same shall conform to Article VIII.
[b]
The main portion of entrance features
shall be located at least 10 feet from the nearest right-of-way line
of any public street.
[c]
No such entrance features shall
exceed 12 feet in height.
(3)
C-3, community center. A community center shall include
an educational center or other similar facility operated by an educational,
philanthropic or religious institution, subject to the following additional
provisions:
(a)
The use shall not be conducted as a private,
gainful business.
(b)
No outdoor recreational area shall be located
nearer to any lot line than 100 feet.
(c)
Parking: no less than one off-street parking
space for every five persons of total design capacity of the facility
or at least one off-street parking space for each 50 square feet of
floor area used or intended to be used for service to customers, patrons,
clients, guests or members shall be provided, whichever requires the
greater number of off-street parking spaces.
(4)
C-4, day nursery. Such use shall include a day nursery,
nursery school or other agency giving day care to children, subject
to the following additional provisions:
(a)
The minimum lot area shall be equivalent to
the minimum lot area for single-family detached units for each applicable
district.
(b)
In all residential districts, the use shall
be permitted only as an accessory use to a single-family residence
or place of worship.
(c)
A maximum of 20 children shall be permitted
for day nurseries in residential zones; in other zones, size shall
be controlled by the state day-care facility licensing board.
(d)
Outdoor play areas shall be sufficiently screened
so as to protect the neighborhood from inappropriate noise and other
disturbances.
(e)
Parking: no less than one off-street parking
space per five children shall be provided. Parking shall be adequately
screened when situated next to land zoned for or in residential use.
(5)
C-5, library or museum.
(a)
Such use shall include a library or museum open
to the public or connected with a permitted educational use and not
conducted as a private, gainful business.
(b)
Parking: no less than one space per five seats
or one space per 220 square feet of gross floor area, where no seats
are provided, shall be provided. Parking areas shall be adequately
screened when situated next to land zoned for or in residential use.
(7)
C-7, municipal garage. Such use shall include a municipal
road maintenance facility, provided that:
(8)
C-8, nursing home. Such use shall include a licensed
nursing or convalescent home, subject to the following additional
provisions:
(9)
C-9, place of worship. Such use shall include a church,
synagogue or other place of worship, provided that:
(a)
Access shall be to a collector or arterial road
as delineated in the municipal Master Plan, as adopted.
(b)
Minimum yards: Where said use abuts a residential
use, the minimum side yard shall be doubled. Otherwise, the setbacks
of the district in which the place of worship is located shall govern.
(c)
Parking: one off-street parking space for each
three seats shall be provided for patron use or at least one off-street
parking space for each 40 square feet of gross floor area used or
intended to be used for service of patrons, guests or members, whichever
requires the greater number of off-street parking spaces, plus one
additional space for each full-time employee. Parking areas shall
be adequately screened when situated next to land zoned for or in
residential use.
(10)
C-10, private club. A private club is a nonprofit
association supported by dues or fees imposed on a uniform basis upon
all members and paid at least in part for membership status rather
than for periodic use of the club's facilities; includes but is not
limited to fraternal, school, athletic or other associations, with
rules, bylaws, charter or local or national affiliation and is based
on membership of persons with common interests, pursuits or purposes
and is subject to the following additional provisions:
(a)
The use shall be for members and their authorized
guests only.
(b)
Parking: no less than one off-street parking
space for every five persons of total design capacity of the facility
or at least one off-street parking space for each 50 square feet of
floor area used or intended to be used for service to customers, patrons,
clients, guests or members shall be provided, whichever requires the
greater number of off-street parking spaces.
(11)
C-11, recreational facility. Such use shall
include a recreational facility, wildlife refuge or park, owned or
operated by the municipality, other governmental agency, quasi-public
association or homeowners' association, provided that:
(a)
No outdoor active recreational area shall be
located nearer to any lot line than 100 feet.
(b)
Outdoor play areas shall be sufficiently screened
and isolated so as to protect the neighborhood from inappropriate
noise and other disturbances.
(c)
Parking: no less than one off-street parking
space for each five persons of total design capacity of the facility
shall be provided. Parking areas shall be adequately screened when
situated next to land zoned for or in residential use.
(12)
C-12, school. A school shall include a private
school, religious or nonreligious and a public school which is not
conducted as a private, gainful business and is licensed under the
proper governmental authority, provided that:
(a)
The minimum lot area for an elementary school
shall be 10 acres, plus one acre for each 100 students of projected
maximum enrollment of the school in excess of 1,000 students.
(b)
The minimum lot area for a junior high or middle
school shall be 20 acres, plus one acre for each 100 students of projected
maximum enrollment of the school in excess of 1,000 students.
(c)
The minimum lot area for a high school shall
be 30 acres, plus one acre for each 100 students of projected maximum
enrollment of the school in excess of 1,000 students.
(d)
Access shall be into an arterial or collector
road as delineated in the municipal Master Plan.
(e)
Outdoor play areas shall be screened so as to
protect adjacent residential neighborhoods from inappropriate noise
and other disturbances.
(f)
Parking:
[1]
Elementary school, kindergarten, junior high
school or middle school: no less than one off-street parking space
for each faculty member and employee plus one space per two classrooms
shall be provided.
[2]
Senior high school: No less than one off-street
parking space per faculty member and employee plus one space per 10
students of projected building capacity shall be provided.
D.
Office uses.
(1)
D-1, office.
(a)
Such use shall include a building or group of
buildings for a business, business administration, professional or
governmental office use.
(2)
D-2, professional services. Professional services
shall include the offices of a physician, lawyer, optometrist, clergyman,
teacher, dentist, architect, engineer, insurance agent, real estate
broker and manufacturer's representative and similar professional
offices which do not include the actual storage, exchange or delivery
of merchandise on the premises, provided that:
(a)
Such use shall be carried on wholly indoors
and within the principal building.
(b)
No office building shall include a store, beauty
shop or other personal service shop.
(d)
No structure designed for office use erected
or altered after the effective date of this chapter shall include
any dwelling unit or units.
(3)
D-3, medical clinic.
(a)
Such use shall include a building or buildings
with multiple offices for more than one physician or dentist for examination
or treatment of persons as outpatients and laboratories incidental
thereto.
(4)
D-4, planned business development. A planned business
development is a flexible development of mixed uses designed with
an overall coordinated plan which includes retail, office and residential
uses, provided that:
(a)
The minimum tract size shall be 20 acres.
(b)
The tract shall have at least 200 feet of frontage.
(d)
Density for the tract shall be based on dwelling units as per the Table of Performance Standards of the Mixed Use District in Article IV, § 104-17B. Commercial area permitted shall be 1,900 square feet per dwelling unit. Office space permitted shall be 650 square feet per every 1,000 square feet of commercial area.
(e)
At least 30% of the total amount of dwelling
units shall be above offices or commercial uses.
(f)
Minimum yard setbacks for uses within the planned
business development shall be 10 feet from curbs and 20 feet from
parking areas.
(g)
Each building within the planned business development
shall have a gable, hip, gambrel and/or mansard roof. No flat or lean-to
roof shall be permitted.
(h)
All residential and nonresidential areas shall
be linked via a pedestrian pathway network consisting of sidewalks
and off-street walkways as approved by the Planning Board. The design
of a planned business development shall be pedestrian-oriented, with
a design that enables and encourages the greatest amount of pedestrian
circulation within the development.
(i)
Except within sight triangle easements, all roads shall be landscaped with street trees as required under § 104-40F.
(j)
Parking: parking shall be as follows:
[1]
Retail: five spaces per 1,000 square feet of
floor area; located in front of the building.
[2]
Office: three spaces per 1,000 square feet of
floor area; located in front of the building.
[3]
Residence over commercial/office use: one space
per dwelling unit, located to the rear of the building.
[4]
Townhouse, duplex or multiplex: two parking
spaces per dwelling unit.
E.
Retail and consumer services uses.
(1)
(2)
E-2, automotive sales. Automotive sales include the
sale and lease of automobiles by a duly franchised new car, boat or
motorcycle dealership; used car, boat or motorcycle sales; or car,
truck, trailer, motorcycle and/or boat rentals; farm machinery or
travel campers; provided that:
(a)
The minimum lot size shall be two acres.
(b)
Lighting: All outside lighting shall be directed
in such a way as not to create a nuisance to any adjacent property,
and all lighting shall be arranged and shielded so as to protect the
street or highway and adjoining property from direct glare or hazardous
interference of any kind.
(c)
Such use shall be set back from the right-of-way
a minimum of 50 feet.
(3)
E-3, commercial conversion.
(a)
Such use shall include the conversion of an
existing structure or group of structures into a commercial use.
(4)
E-4, convenience shopping.
(a)
Such use shall include individual stores or
a group or planned cluster of stores intended for quick carry-out
trade such as a small grocery, delicatessen, newsstand, financial
establishment, etc.
(5)
E-5, entertainment.
(a)
An entertainment facility shall include a bowling
alley, skating rink, billiard hall, movie theater, theater or other
similar use.
(6)
E-6, financial establishment. A financial establishment
shall include a bank, savings and loan association, credit union or
other financial establishment.
(7)
E-7, large retail store.
(a)
A large retail store shall include a store with
greater than 10,000 square feet of floor area, including, regardless
of size, any variety store, supermarket, department store and discount
store.
(8)
E-8, repair shop.
(a)
A repair shop shall include any business for
the repair of appliances, lawn mowers, watches, guns, bicycles, locks
and small business machines (but not including automobile, vehicle
and motorcycle repairs).
(9)
(10)
E-10, retail shop. A retail shop shall include
a store selling apparel, baked goods, books, confections, drugs, dry
goods, flowers, foodstuffs, furniture, gifts, hardware, household
appliances, jewelry, liquor, milk, notions, periodicals, shoes, stationery,
tobacco, toys, paint, records, cards, novelties, hobby and art supplies,
music, luggage, sporting goods, pets, floor covering, garden supplies,
plants, fabrics and beer and soft drinks, provided that:
(11)
E-11, service business. A service business shall
include such uses as a barber, beautician, laundry, shoe repair, tailor,
photographer, newspaper, small-scale printer and travel agency, provided
that:
(12)
E-12, tavern.
(a)
Such use shall include an establishment which
serves alcoholic beverages for on-premises consumption and which is
licensed by the State of New Jersey.
(13)
E-13, veterinary office or clinic. Such use
shall include the office of a veterinarian with an accessory animal
kennel. Such use shall be subject to the following provisions:
(a)
Such use shall require a minimum of five acres
if it includes a kennel or the outdoor boarding of dogs. No animal
runway or outdoor pen shall be located closer than 150 feet from any
lot line, street line or zoning district boundary.
(14)
E-14, hotel/inn. A hotel or inn shall include
separate accommodations, for transient guests, along with a tavern
and restaurant, provided the following provisions are met:
(a)
No more than 24 rooms shall be permitted.
(b)
The minimum lot size for a hotel/inn shall be
30,000 square feet.
(c)
Parking: There shall be a minimum of one parking
space per each room plus one parking space per each three seats within
the restaurant and tavern plus one parking space per employee.
(15)
E-15, sexually oriented businesses.
[Added 8-21-2001 by Ord. No. 2001-10]
(a)
A sexually oriented business means:
[1]
A commercial establishment which as one of its
principal business purposes offers for sale, rental, or display any
of the following: books, magazines, periodicals or other printed material,
or photographs, films, motion pictures, videocassettes, slides or
other visual representations which depict or describe a specified
sexual activity or specified anatomical area, as defined in N.J.S.A.
2C:34-6; or still or motion-picture machines, projectors or other
image-producing devices which show images to one person per machine
at any one time, and where the images so displayed are characterized
by the depiction of a specified sexual activity or specified anatomical
area; or instruments, devices, or paraphernalia which are designed
for use in connection with a specified sexual activity; or
[2]
A commercial establishment which regularly features
live performances characterized by the exposure of a specified anatomical
area or by a specified sexual activity, or which regularly shows films,
motion pictures, videocassettes, slides, or other photographic representations
which depict or describe a specified sexual activity or specified
anatomical area.
(b)
No person shall operate a sexually oriented
business within 1,000 feet of any existing sexually oriented business,
or any church, synagogue, temple or other place of public worship,
or any elementary or secondary school or any school bus stop, or any
municipal or county playground or place of resort and recreation,
or any hospital or any child-care center, or within 1,000 feet of
any area zoned for residential use.
(c)
Every sexually oriented business shall be surrounded
by a perimeter buffer of at least 50 feet in width with plantings,
fence, or other physical divider along the outside of the perimeter
sufficient to impede the view of the interior of the premises in which
the business is located.
(d)
No sexually oriented business shall display
more than two exterior signs, consisting of one identification sign
and one sign giving notice that the premises are off limits to minors.
The identification sign shall be no more than 40 square feet in size.
(16)
E-16, outdoor dining. Outdoor dining shall be
permitted as a conditional use in connection with any restaurant or
tavern that takes food orders and serves food to patrons while they
are seated at tables.
[Added 12-18-2007 by Ord. No. 2007-8]
(a)
The outdoor dining area shall be closed after
10:00 p.m. on Friday and Saturday evenings and after 9:00 p.m. on
Sunday through Thursday evenings.
(b)
Lighting of the outdoor dining area shall be
subdued and shielded, such that no light will shine directly into
any window off the premises and all lighting shall be shielded from
all streets and property lines.
(c)
No music shall be played or piped to the outdoor
dining area.
(d)
The combined areas set aside for outdoor dining
on the site shall accommodate no more than a total of 24 patrons,
and no more than eight persons shall be permitted to be seated at
any individual table or combination of two or more tables placed together
to form a single table.
(e)
The outdoor dining area shall be screened from
adjacent residential properties.
(f)
Where parking cannot be increased on site to
cover the requirements for the outdoor dining area, corresponding
portions of the indoor dining area shall not be utilized during the
times that tables are in use out of doors, so that the overall seating
capacity and parking demand are not increased.
(g)
A site plan shall be submitted for approval
by the Board in connection with any proposed outdoor dining area.
F.
All common carriers, public utilities and public service
organizations.
(1)
F-1, emergency services. Emergency services shall
include fire, ambulance, rescue and other emergency services of a
municipal or volunteer nature.
(a)
For facilities without a community room, there
shall be a minimum lot size of 1 1/2 acres.
(b)
For facilities with a community room, there
shall be a minimum lot size of three acres.
(c)
Parking: no less than one off-street parking space shall be provided for every employee on the two major shifts at maximum employment or four off-street parking spaces for each fire truck where no community room is part of the building, whichever requires the greater number of parking spaces. Where a community room is provided, two off-street parking spaces shall be provided for each fire truck plus one off-street parking space for each 100 square feet of gross floor area. All off-street parking requirements shall be determined by the number of trucks, if there is no community room on the premises or the requirements for community rooms, if it applies. All parking areas shall be screened in accordance with Article VII herein.
(2)
F-2, utility operating facility. Such use shall include
a transformer station, pumping station, relay station, substation,
sewage treatment plant and any public or private utility, not including
a public incinerator and public or private landfill, provided that:
[Amended 10-7-1997 by Ord. No. 97-8]
(a)
Such installation is essential to serve the
Borough of Glen Gardner.
(b)
A fifty-foot buffer yard shall be provided along all property lines in accordance with the buffer requirements in Article VII herein.
(c)
There shall be an impact statement which shall
evaluate the impact of the proposed land use on the district and on
surrounding land uses. Such statement shall include assessments of
the impacts on the following:
(d)
No zoning permit shall be required for utilities
to be located in public streets or rights-of-way.
(3)
Communication antennas.
[Added 10-7-1997 by Ord. No. 97-8]
(a)
Intent. To minimize the adverse impacts associated
with the potential proliferation of communication towers, the Borough
of Glen Gardner is pursuing a proactive policy of requiring colocation
of wireless communication antennas by more than one carrier on existing
towers and on new tower(s) at public site(s) which may be designated
by the Borough Council.
(b)
Communication antennas not attached to towers.
Any communication antenna which is not attached to a communication
tower shall be a permitted ancillary use to any commercial, industrial,
professional, institutional or multifamily structure provided that:
[1]
The communication antenna does not exceed more
than 20 feet above the highest point of the structure.
[2]
The communication antenna complies with all
applicable Federal Communications Commission (FCC) and FAA regulations.
[3]
The communication antenna complies with all
applicable building codes.
[4]
Amateur radio antennas are exempt from this
section of the Code.
(c)
Colocation of communication antennas on existing
towers.
[1]
Colocation of communication antennas required. Proposed communication antennas are required to colocate onto existing communication towers. Provided such colocation is accomplished in a manner consistent with § 104-23C(2) through (4), then such colocations are permitted by right.
[2]
Height. An existing communication tower may
be modified or rebuilt to a taller height, not to exceed 20 feet over
such tower's existing height, to accommodate the colocation of an
additional communication antenna. The height change referred to herein
may only occur one time per communication tower.
[3]
Onsite location. A communication tower which
is being rebuilt to accommodate the colocation of additional communication
antennas may be moved onsite within 50 feet of its existing location.
Only one communication tower is permitted per lot.
[4]
Nonconforming uses. Bona fide nonconforming
communications towers or antennas that are damaged or destroyed may
be rebuilt. The type, height and location of the tower on-site shall
be of the same type and intensity as the original facility approval.
Building permits to rebuild the facility shall comply with the then-applicable
building codes and shall be obtained within 180 days from the date
the facility is damaged or destroyed. If no permit is obtained or
if said permit expires, the communications facility shall be deemed
abandoned.
(d)
Design and performance standards.
[1]
Telecommunications equipment compound design.
The architectural design of the supporting equipment building shall
incorporate a peaked roof and high quality building materials. The
area devoted to the equipment compound shall be fenced and not exceed
1/2 acre.
[2]
Fencing. A chain link fence or wall not less
than eight feet in height from finished grade shall be provided around
each communication tower and equipment building. Barbed wire may be
used along the top of the fence or wall. Access to the tower shall
be through a locked gate.
[3]
Landscaping. The visual impacts of a communication
tower and equipment building shall be mitigated for nearby viewers
through landscaping or other screening materials at the base of the
tower and ancillary structures. The following landscaping and buffering
of a communication tower shall be required around the perimeter of
the tower and accessory structures, except that the standards may
be waived by the Planning Board for those sides of the proposed tower
that are located adjacent to undevelopable lands and lands not in
public view. Landscaping shall be installed on the outside of fences,
Further, the use of existing vegetation shall be preserved to the
maximum extent practicable and may be used as a substitute of or in
supplement towards meeting landscaping requirements.
[a]
A row of shade trees a minimum
of eight feet tall and a maximum of 10 feet apart shall be planted
around the perimeter of the fence.
[b]
A continuous hedge at least 30
inches high at planting capable of growing to at least 36 inches in
height within 18 months shall be planted in front of the tree line
referenced above.
[c]
All landscaping shall be of the
evergreen variety.
[4]
Method of determining communication tower height.
Measurement of communication tower height shall include antennas,
base pad and other appurtenances and shall be measured from the finished
grade of the parcel.
[5]
Illumination. Communication towers shall not
be artificially lighted, except to assure human safety or as required
by the Federal Aviation Administration (FAA). The less intrusive type
of lighting permitted by the FAA will be required.
[6]
Finished color. Communication towers not requiring
FAA painting/marking shall have either a galvanized finish or painted
a noncontrasting blue, gray or black finish.
[7]
Structural design. Communication towers shall
be constructed to the EIA/TIA 222-E Standards, as published by the
Electronic Industries Association, which may be amended from time
to time, and all Borough construction/building codes. Further, any
improvements and/or additions (i.e., antennas, satellite dishes, etc.)
to existing communication towers shall require submission of site
plans scaled and verified by a professional engineer which demonstrate
compliance with the EIA/TIA 222-E standards.
[8]
Inspections.
[a]
The Borough Council may require
periodic inspections of communication towers to ensure structural
integrity. Such inspections may be required as follows:
[b]
Inspections shall be conducted
by an engineer licensed to practice in the State of New Jersey. The
results of such inspections shall be provided to the Borough Engineer.
Based upon the results of an inspection, the Council may require repair
or removal of a communication tower.
[9]
Noninterference. Each application for special
exception to allow construction of a communication tower shall include
either a preliminary or a required statement that the construction
of the tower, including reception and transmission functions, will
not interfere with the usual and customary transmission or reception
of radio, television, etc., service enjoyed by adjacent residential
and nonresidential properties. In the event that only a preliminary
statement is submitted with the application, a final, certified statement
of noninterference will be provided and approved by the Borough prior
to the issuance of a building permit. The statement shall be prepared
by an engineer licensed to practice in the State of New Jersey or
other professional accepted by the Borough.
[10]
Approval required from other governmental
agencies. Each application for a new or modified communication tower
shall include written approval or a statement of no objection from
other federal, state or county agencies that regulate communication
tower siting, design and construction.
G.
Industrial uses.
(1)
G-1, building materials sale/storage yards. Such use
shall include the storage and sale of finished products used in building
construction, such as concrete and metal pipes, and rental and storage
of construction equipment, provided that:
(a)
The rental of construction equipment is permitted.
(b)
Millworking is permitted as an accessory use.
(c)
Storage yards shall be fully enclosed by fencing
and landscaping.
(d)
The storage of flammable or toxic gases and
liquids and the production and mixing of asphalt and concrete is prohibited.
(e)
Parking: one space per 500 square feet of retail
sales area plus one space for each company vehicle normally stored
on the premises shall be provided.
(2)
G-2, contracting.
(a)
Contracting shall include offices and supply
shops such as building supplies, cement, electric, heating, plumbing,
masonry, painting, landscaping and roofing.
(b)
Parking: no less than 10 off-street parking spaces shall be provided for every nine employees or one space for every 470 square feet of gross floor area, whichever requires the greater number of spaces, plus one space for each company vehicle normally stored on the premises. All parking shall be screened in accordance with Article VII herein.
(3)
G-3, lumberyard. Such use shall include a lumberyard
and may include millworking as an accessory use, provided that:
(a)
Such use shall have a permanent screen of stockade
fencing and buffering; and
(b)
Parking: no less than 10 off-street parking spaces shall be provided for every nine employees or one space for every 470 square feet of gross floor area, whichever requires the greater number of spaces, plus one space for each company vehicle normally stored on the premises. All parking shall be screened in accordance with Article VII herein.
(4)
G-4, manufacturing.
(a)
Manufacturing uses shall include but not be
limited to the production, processing, cleaning and testing of materials,
goods, foodstuffs and products.
(6)
G-6, office research. Such uses shall include a research
or testing facility and an experimental laboratory, provided that:
(8)
G-8, trades. Such use shall include a plumbing shop,
carpentry shop, electrical shop, cabinet making, furniture making
and other similar trades, provided that:
(a)
This use shall not include outside storage.
(9)
G-9, wholesale.
(a)
Wholesale use shall include wholesale storage
business, including a farm cooperative within a roofed structure.
(10)
G-10, quarry. Such use shall include extractive
operations for sand, clay, shale, gravel, topsoil, stone and similar
operations, including borrow pits (excavations for removing material
for filling operations), subject to the following provisions:
(a)
There shall be a berm of average height of 15 feet and a maximum height of 50 feet. The slope of the sides of the berm shall not exceed a one-to-one ratio. Berms shall be planted and dusted and erosion control measures shall be taken as may be approved by the U.S. Soil Conservation Service. Plantings and berms shall begin at a point no closer to a street than the ultimate right-of-way. No berm shall be constructed closer than 50 feet to a district in which extraction is not permitted. The Borough may require additional planting pursuant to the standards of Article VII.
(b)
A chain link fence at least six feet in height,
surmounted by three strands of barbed wire, shall be required within
the setback area at a point no closer than the ultimate right-of-way
line to be maintained in a constant state of good repair. Appropriate
warning signs shall be mounted or posted along the fence at intervals
of not more than 100 feet.
(c)
An adequate internal circulation pattern of streets shall be maintained between the excavation sites and processing areas. Use of public streets shall not be permitted for hauling between extractive and processing areas except where required in connection with such pattern or for access of vehicular traffic originating from or destined to points beyond the limits of such excavation sites and processing areas. Access shall be regulated in accordance with Article VII of this chapter.
(d)
No slope shall be maintained exceeding the normal
limiting angle of slippage of the material in which the excavation
or extraction is being made. No undercutting shall be permitted within
the setback area except for tunnels to provide transportation of materials
between extractive and processing areas.
(e)
All operations shall be conducted with sufficient
lateral support to be safe with respect to hazard to persons, physical
damage to adjacent lands or improvements or damage to any street,
sidewalk, parking area or utility by reason of slide, sinking or collapse.
(f)
Stockpiles shall not exceed 100 feet in height
and shall not be located closer than 200 feet from any district boundary
line nor closer than 300 feet from the center line of any street,
except where a railroad is the district boundary line or where the
contiguous district is a district in which extraction is permitted.
All reasonable precautions shall be taken to prevent any materials
or wastes deposited upon any stockpile from being washed, blown or
otherwise transferred off the site by normal causes or forces.
(g)
All drainage from the site of extractive operations
shall be controlled by dikes, barriers or drainage structures sufficient
to prevent any silt, debris or other loose materials from filling
any existing drainagecourse or encroaching on streets and adjacent
properties.
(h)
No ground vibration caused by blasting or machinery
shall exceed the limits established by the State of New Jersey, with
the exception that no blasting shall cause a peak particle velocity
greater than one inch per second, measured at any property line or
at the center line of any street.
(i)
The operation shall not include mixing of rock
materials with asphaltic oils or other binders for road-building and
construction purposes.
(j)
The operator shall, within six months of the
effective date of this chapter, obtain a use and occupancy permit.
(k)
Parking: off-street parking spaces shall be
provided as the Borough Council and Planning Board shall determine
as adequate to serve customers, employees, visitors and vehicles normally
parked on the premises.
(11)
G-11, major renewable energy generating facility. Such use shall
be permitted as a conditional use provided it meets the definition
of a major renewable energy generating facility, is limited to solar
and photovoltaic facilities, and complies with all of the following
requirements, which shall be deemed to be conditional use requirements:
[Added 12-6-2011 by Ord. No. 2011-14]
(a)
Site plan required. A site plan shall be submitted for review
and approval showing all elements of the proposed facility as required
herein and complying with all of the checklist requirements for submission
of a site plan.
(b)
Locational/site qualification regulations.
[1]
The site proposed for the facility shall have a minimum lot
area of at least 20 acres located entirely within the Conservation
Overlay Zone as shown on the Highlands Regional Master Plan Overlay
Zone Map and shall otherwise comply with the lot width, lot depth
and other dimensional requirements for the applicable municipal zone.
All development of the facility shall be confined solely to the Conservation
Overlay Zone portion of the site.
[2]
Except pursuant to a permit issued by NJDEP, no portion of such
facility shall occupy any area of land designated by the Highlands
Council and regulated by the NJDEP as floodplain, flood hazard area,
wetlands, wetlands transition area, steep slopes, woodlands or riparian
corridor. An applicability determination from the NJDEP shall be provided
to document the presence and/or absence of these regulated areas at
the time the site plan is submitted. The applicant shall also maintain
the minimum required riparian buffer along any C-1 waterway in accordance
with the Surface Water Quality Standards rules at N.J.A.C. 7:9B-1.4,
even if the riparian buffer area was previously disturbed for agricultural
purposes.
[3]
Such facility shall not occupy areas of land designated by the
NJDEP as critical habitat for state-threatened and/or endangered species
of flora and fauna. Moreover, no land having slopes over 30% shall
be occupied by such facilities, and woodlands shall not be clear cut
to accommodate such facilities. Any removal of more than 10 trees
having a diameter in excess of 12 inches dbh, even by permit, shall
require replacement of all but the first 10 trees.
[4]
An applicant seeking approval of a major renewable energy generating
facility (solar and photovoltaic only) shall provide documentation
and evidence of a firm commitment from the electric utility that the
alternative electrical energy to be generated by the solar and photovoltaic
energy facilities and structures shall be purchased by the utility
provider on a long-term basis that is coincident with the useful life
of the facilities and structures to be constructed.
(c)
Bulk/buffering regulations.
[1]
Such facilities shall not occupy any area beyond the required
principal building setback lines for the zone in which the facility
is to be located except that utility poles for outside connections
to the electrical power grid may be placed beyond the required principal
building setback lines. A security fence is required around the entire
perimeter of the facility. The security fencing shall be located within
or at the required principal building setback lines, however, landscaping,
buffering and berms may be located beyond the required principal building
setback lines.
[2]
Such facilities, excluding any berms, landscaping and buffering,
shall occupy an area of the lot no greater than the combined maximum
building coverage for principal and accessory structures in the zone.
[3]
The maximum permitted vertical height aboveground for the highest
point of any ground-mounted solar and photovoltaic energy panels shall
be 10 feet.
[4]
The minimum vegetated visual buffer width for such facilities
shall be the greater of 50 feet or the minimum requirement for other
uses in the same zone.
[5]
Such facilities shall be screened by topography and/or natural
vegetation, supplemented by additional plantings as needed, or by
berms and landscaping, from public traveled ways (public roads, trails,
navigable waterways, scenic highways and by-ways), publicly owned
properties, adjoining residential uses, open space, preserved farms
and historic sites and buildings listed in or eligible for listing
in the State and/or National Registers of Historic Places. To accomplish
this:
[a]
To the extent possible, installations shall be
sited behind existing vegetation, supplemented with landscaping, using
berms and landscaping only where existing vegetation is nonexistent
or sparse.
[b]
To the extent possible, installations shall be
sited where natural topography can provide or at least add screening.
[c]
Berms shall be constructed with a width at base
of at least 25 feet to allow for proper growth of root structure and
to lend a more natural appearance.
[d]
Landscaping shall include an even blend mix of
coniferous and deciduous trees and shrubs that are indigenous to the
area avoiding invasive species. Such plantings shall be depicted on
a plan prepared by a licensed landscape architect. At the time of
planting, deciduous trees shall be not less than two inches to 2 1/2
inches DBH (diameter at breast height) and coniferous tress shall
be a minimum of eight feet to 10 feet in height or at least five feet
higher than the height of the highest solar or photovoltaic panel.
[e]
All ground areas of the property occupied by the
facility that are not utilized for access to operate and maintain
the installation, for berms and landscaping, or for agricultural uses,
or that will remain forested shall be planted and maintained with
shade-tolerant grasses for the purpose of soil stabilization. A seed
mixture of native, noninvasive shade-tolerant grasses shall be utilized
and specified in the landscaping plan. If it can be demonstrated by
the applicant that an alternative vegetative ground cover consisting
of a seed mix of native, noninvasive plant species and non-native,
noninvasive shade-tolerant species is acceptable for soil erosion
control and soil stabilization and can be better sustained over the
life of the facility, the Board may approve such an alternative to
the requirement for native, noninvasive shade-tolerant grass mix.
The use of stone, gravel, wood chips or shavings or any artificial
material shall not be permitted for soil erosion control and soil
stabilization. If land having a slope of greater than 20% is proposed
to be disturbed, additional soil erosion and sediment control measures
may need to be implemented, and shall be subject to and based upon
the recommendations of the Borough Engineer.
[f]
A maintenance plan shall be submitted for approval
that provides for the continuing maintenance of all required plantings,
including a schedule of specific maintenance activities to be conducted.
Maintenance of the required berms and landscaping shall be a continuing
condition of any approval that may be granted. The use of herbicides
shall not be permitted as an acceptable maintenance practice.
(d)
Installation and site development requirements.
[1]
Only nonglare glass shall be used to minimize the potential
for reflective glare.
[2]
No portion of the facility or its component parts shall be used
for displaying any advertising. Signage shall be limited to the identification
and safety signage set forth elsewhere in this subsection.
[3]
All new transmission and power lines shall be placed underground
except as necessary to connect to already existing aboveground transmission
towers, poles and lines. Feeder lines and collection lines may be
placed overhead near substations or points of interconnection to the
electric grid.
[4]
No soil shall be removed from any site upon which such a facility
is constructed.
[5]
Land disturbance, grading and the construction of site improvements
associated with the installation of such a facility on any lot that
has been and will continue to be used for agricultural purposes shall
be directed to portions of the lot that contain neither prime agricultural
soils or soils of statewide significance. Where land disturbance,
grading or the construction of site improvements on such soils is
unavoidable, it shall be limited to the minimum intrusion necessary
to construct required access roads, inverter and switching equipment
pads and other facilities required for connection to the grid.
[6]
Barriers.
[a]
A barrier or fence having a height of at least
two feet higher than the highest elevation of the solar panels (unless
a greater height is required by law or regulation) shall be installed
around the entire perimeter of the installation and entirely within
the required building setback lines, which barrier shall:
[b]
One or more locked access gates to the facility
shall be provided. Each locked access gate shall include a sign identifying
the responsible parties:
[7]
The site plan shall provide for adequate and appropriate drainage
facilities, which shall be designed such that site grading and construction
shall not alter the natural drainage patterns of stormwater originating
both within and beyond the property boundaries, consistent with the
Borough's Stormwater Management Ordinance.[2]
[8]
The site plan shall include a construction/staging plan identifying
the location, size and configuration of the areas to be used on a
temporary basis during construction for the delivery and storage of
materials and equipment and for the off-street parking of construction
workers' vehicles. The construction/staging plan shall include a plan
and timetable for the restoration of these areas upon completion of
construction.
(e)
Performance standards.
[1]
Wind velocities. All components of the system shall be designed
to withstand a ground-level wind velocity of at least 90 miles per
hour, unless a higher standard for wind-loading is specified in the
Uniform Construction Code.
[2]
Hazardous materials. The use of lead-acid batteries shall not
be permitted in major solar energy systems and facilities, except
for such batteries as are needed to store electricity to power emergency
lights in the event of a power outage.
[3]
Noise. The total operational mechanical or aerodynamic noise,
including turbine, inverter or transmission line noise from the solar
energy facility shall not exceed 50 dBA, measured from the nearest
property line.
[4]
Lighting. Any facility lighting shall be kept to a minimum and
shall be shielded to eliminate light spillage off the property. Light
spillage shall be defined as an illumination of 0.3 footcandle (fc)
or greater onto any residential property or residential zone district
and 1.0 footcandle or greater onto any nonresidential property or
nonresidential zone district.
[5]
Facility standards and certification. The facility shall meet
the minimum applicable standards established by the International
Electrotechnical Commission ("IEC"), the American Society of Heating,
Refrigerating, and Air-Conditioning Engineers ("ASHRAE"), the International
Organization for Standardization ("ISO"), Underwriters Laboratories
("UL"), the Solar Rating and Certification Corporation ("SRCC"), and
any other applicable industry standards. The facility shall also meet
the minimum standards outlined in the National Electrical Code (NEC),
the National Electrical Safety Code (NESC) and all other applicable
rules governing such facilities. The facility shall be certified by
Underwriters Laboratories, Inc., the National Renewable Energy Laboratory,
the Solar Rating and Certification Corporation and/or any other regulatory
authority with jurisdiction over the installation and operation of
the facility.
(f)
Safety regulations. All major renewable energy generating facilities
(solar and photovoltaic only) and all other solar energy systems installed
on commercial, institutional or multifamily residential property in
the Borough of Glen Gardner shall comply with the following design,
safety and emergency response provisions:
[1]
Individual roof-mounted solar or photovoltaic panel arrays shall
not exceed 150 feet by 150 feet in area. Where more than one array
of panels is being installed, eight feet of clearance shall be provided
between arrays in all directions. The roof supporting such arrays
shall be reinforced so as not to cause damage to the roof while maintenance
is performed and to ensure the safety of firefighter/EMT access in
the event of an emergency. If skylights or roof hatches are also installed
in the roof, each skylight or roof hatch shall have a minimum of four
feet of clearance in all directions.
[2]
Nonresidential roof installations shall provide ventilation
access points in the roof, which shall measure not less than eight
feet by four feet, placed at intervals on the roof not more than 20
feet distant from one another, and access to the building shall be
provided by means of a reinforced access drive located no further
than 50 feet from each exterior door to the building, unless it can
be demonstrated to the satisfaction of Glen Gardner Borough's Fire
Official that a greater distance is sufficient to allow emergency
vehicle access by fire and rescue personnel and also meet applicable
fire safety code requirements.
[3]
Ground-mounted facilities shall provide emergency vehicle access
to all components and the major renewable energy generating facility
(solar and photovoltaic only) shall provide access roads throughout
the installation. Each access road shall be not less than 20 feet
in width and shall be reinforced or suitably improved to support the
weight of typical emergency service apparatus. Turning areas shall
be provided and each curve or turn in the access road shall provide
an adequate turning radius for maneuvering emergency service apparatus.
[4]
An exterior electrical disconnect/emergency shutoff that will
isolate the system shall be provided, which shall be plainly marked
with a reflective identification placard. The location of the disconnect/emergency
shutoff shall be as recommended by Glen Gardner Borough's Fire Official.
[5]
Each site containing such a facility shall conspicuously post
a sign at the driveway entrance to the site indicating that the facility
exists on the site and indicating whether the system is a roof- or
ground-mounted system.
[6]
Required security fencing and locked gates shall be fully erected
and operational prior to the installation of a solar or photovoltaic
energy facility. Ground-mounted facilities shall include at least
two means of ingress and egress to the facility for emergency response.
[7]
Knox® boxes shall be provided at all locked locations on
site (i.e., gates, doors to buildings, etc.). All inverter sheds or
other electrical equipment buildings shall be fitted with at least
two exterior doors with one twenty-pound CO2 fire extinguisher located immediately inside the door.
[8]
Material safety data sheets (MSDS) shall be submitted to emergency
response providers for all component materials comprising the solar
modules, panels, arrays and any other equipment which contains hazardous
or flammable substances.
[9]
An emergency response plan shall be prepared, filed and maintained
with the Glen Gardner Borough's Fire Official. The emergency response
plan shall include:
[a]
Emergency response procedures to be followed in
the event of an emergency, which may include Fire Company and First
Aid and Rescue Squad training, including training prior to commencing
operation of the facility.
[b]
Evacuation procedures (from on site and from neighboring
properties off site).
[c]
Site-specific information concerning the locations
of panels, grid identification diagrams, the emergency shut-off/isolation
switch(es), contact names and numbers for 24/7 availability of responsible
personnel.
[d]
A system of information placards, which shall be
conspicuously mounted at eye level along the security fence and at
locked gates as well as at the entrances to all buildings, and which
shall be updated within two weeks of any changes to the information
contained thereon, including contact information, and which shall
include information identifying all possible hazards existing within
and exit routes from the facility.
[10]
A two-tag identification (accountability) system
for anyone entering the energy facility site shall be in effect, which
system shall provide for the following procedures:
[a]
One tag shall be kept in the service vehicle indicating
the name of the individual and his/her employer.
[b]
One tag shall be placed at the point of entry to
any building or, in the case of a service involving site-roaming,
the tag shall be clipped to the point of entry into the site, which
shall be the gate nearest to the location where the service is being
performed.
[11]
All sites shall secure a street address from the
Borough's 911 Coordinator, which shall be posted at the main entrance
gate to the facility.
[12]
Prior to the issuance of a certificate of occupancy,
Glen Gardner Borough emergency personnel shall be provided access
to the facility to generate familiarity with the site conditions and
emergency access locations.
(g)
Decommissioning and disassembly.
[1]
All applications for a major renewable energy generating facility
(solar and photovoltaic only) shall be accompanied by a decommissioning
plan to be implemented upon abandonment or cessation of the use, which
decommissioning plan shall provide for the removal of all components
of the facility/system from the site and the full restoration of the
site to its predevelopment condition. The decommissioning plan shall
be subject to review and approval by the Board as part of its review
of the site plan.
[2]
As a condition of final approval of the site plan application
and prior to the issuance of any construction or electrical permits,
the owner or operator of the facility and the landowner shall post
a performance bond with the Borough of Glen Gardner to ensure removal
of the facility in accordance with the decommissioning plan. The amount
of the performance bond shall be estimated in detail by the applicant
and approved by the Borough Engineer. The form of the bond shall be
approved by the Borough Attorney.
[3]
The bond shall not be subject to revocation or reduction prior
to the completion of the work covered by the demolition permit and
the full restoration of the site to its predevelopment condition.
The owner/operator and/or landowner, whoever is the bondholder, shall
submit an annual certification to the Borough Attorney, Zoning Officer
and Borough Engineer as to the status of the bond and as to the adequacy
of the amount of the performance bond to cover the full cost of the
decommissioning and restoration work intended to be covered by the
bond. If deemed necessary by the Borough Engineer, notice shall be
given to the owner by the Borough Attorney that the amount of the
performance bond shall be increased and of the amount by which it
shall be increased. Proof that the bond has been increased as required
shall be provided to the Borough Attorney, Zoning Officer and Borough
Engineer within 60 days of such notification.
[4]
Solar and photovoltaic energy facilities and structures (roof-
or ground-mounted) that have not been in active and continuous service
for a period of one year shall be deemed abandoned and shall be required
to be removed from the property to a place of safe and legal disposal
in accordance with the approved decommissioning plan.
[5]
Should operation of the facility cease for a period of one year,
the Borough shall notify the landowner and owner/operator of the facility
of the pending determination of abandonment and order proof of the
resumption of energy generation to at least 80% of the facility's
capacity or removal of the facilities in accordance with the approved
decommissioning plan, subject to the issuance of a demolition permit.
Should the initial construction of the facility begin but fail to
be completed within 180 days of the receipt of the last permit necessary
to begin construction, the Borough shall notify the landowner and
owner/operator of the facility of the pending determination of abandonment
and order either the completion of the construction and installation
of the facility or removal of the facilities in accordance with the
approved decommissioning plan. In either case, if the landowner and/or
operator should fail to comply with the Borough's order within 180
days of receipt of the notice, then the Borough may call the bond.
[6]
Disassembly and removal of any portion of the facility shall
require an application for a demolition permit, which shall be submitted
to the Zoning Officer and Construction Code Official with a copy to
the Glen Gardner Borough Engineer for review prior to its issuance,
and such disassembly and removal shall be undertaken only as directed
by an electrician duly licensed by the State of New Jersey.
[7]
The application for the demolition permit shall provide for
the protection of public health and safety and for protection of the
environment and natural resources during both the removal and site
restoration stages and shall include the schedule for the completion
of all site restoration work in accordance with the decommissioning
plan.
[8]
If the performance bond described above, plus any supplemental
funding that may have been provided by the owner/operator, is insufficient
to fully implement the decommissioning plan or if the owner/operator
fails to fully satisfy the obligations described herein, then the
landowner shall be held responsible for any and all costs associated
with the decommissioning to the extent that such costs are not covered
by the performance bond and any supplementary funds provided by the
owner/operator, if applicable.
H.
Accessory uses.
(1)
H-1, accessory building. Such use shall include an
accessory building or structure or uses customarily incidental to
uses permitted in the PRO, CO and I/OR Districts, provided that:
(2)
H-2, boarding. Boarding shall include the keeping
of not more than two roomers, boarders or lodgers as an accessory
use within the principal structure for a B-1 use and shall be permitted,
provided that:
(a)
The use of an existing building for boarding
shall be permitted, subject to the following regulations:
[1]
Applications shall be filed with the municipal
Zoning Officer.
[2]
The application shall consist of a written request
and the following information:
[a]
Four photographs of the house,
one showing each side of the building;
[b]
Sketch plan of the lot showing
width and depth of the lot, size and location of all structures, including
any accessory buildings such as garages and storage sheds;
[c]
A statement indicating the number
of proposed dwelling units and occupancy capacity, the room size of
each, type of unit, the total building floor area per occupant and
open yard space per occupant; and
[d]
Sketch plan of each floor in which
dwelling units will be located showing the dimensions of each dwelling
unit.
(b)
Any dwelling converted shall be occupied in
part by the owner or his or her agent.
(c)
No additional rooms shall be constructed for
this purpose.
(d)
No separate cooking facilities or dwellings
shall be created.
(3)
H-3, dwelling in combination with a business. One
apartment accessory to a primary commercial, office or industrial
use shall include an owner-occupied apartment located to the rear
of or over a business, provided that the regulations governing residential
conversion shall be met.
(4)
H-4, home occupation. This use shall include all home
businesses, provided that:
(a)
The home occupation shall be accessory to a
residential use and carried on wholly indoors and within a dwelling
or other structure accessory thereto and shall be clearly incidental
and subordinate to its use for residential purposes by its occupants.
(b)
There shall be no use of show windows, display or advertising visible outside the premises, except as provided for signs in Article VII herein.
(c)
There shall be no exterior storage of materials
or parking of commercial vehicles.
(d)
In no way shall the appearance of the residential
structure be altered or the occupation within the residences be conducted
in a manner which would cause the premises to differ from the residential
character by the use of colors, materials, construction, lighting,
show windows or advertising visible outside the premises to attract
customers or clients, other than an identification sign not exceeding
two square feet, notwithstanding any other provisions of this chapter.
(e)
No articles shall be sold or offered for sale
except such as may be produced on the premises.
(f)
Servicing by commercial vehicles for supplies
and materials in excess of two trucks per week shall not be permitted.
(g)
The home occupation shall be carried on only
by inhabitants of dwelling and not more than three additional employees.
(h)
The floor area devoted to a home occupation
shall not be more than 25% of the ground floor area of the principal
residential structure or 500 square feet, whichever is less.
(i)
The use shall not include the following: animal
hospital; commercial stable and kennel; funeral parlor and undertaking
establishment; restaurant; rooming, boarding and lodging house; and
clinic or hospital.
(j)
No equipment or process shall be used in such
employment or occupation which creates discernible noise, vibration,
glare, fumes, odors or electrical interference at the property line
and no equipment or process shall be used which creates visual or
audible interference in any radio or television receiver off the lot
or causes fluctuations in line voltage off the lot.
(k)
A permit is required from the Planning Board,
after a hearing with required notice and publication.
(l)
Accessory buildings used for a home occupation
use must have been in existence prior to the adoption of this chapter.
(m)
Parking: no more than three additional off-street
parking spaces shall be provided in addition to those required for
normal residential use. Such parking shall be provided on the lot
of the residence.
(5)
H-5, outside storage.
(a)
Outside storage, other than storage as a primary
use of the land, necessary but incidental to the normal operation
of a primary use, subject to the following additional provisions:
[1]
No part of the street right-of-way, no sidewalks
or other areas intended or designed for pedestrian use, no required
parking areas and no part of the required front yard shall be occupied
by outside storage;
[2]
Outside storage areas shall occupy an area of
less than 1/2 of the existing building coverage; and
[3]
Outside storage areas shall be shielded from
view from the public streets.
(b)
Uses requiring more substantial amounts of land area for storage, such as any nursery (use A-3), automotive sales (E-2) and lumberyards (G-3), may be exempt from the provisions of Subsection H(5)(a)[1] and
[1]
For these and other similar uses, no more than
25% of the lot area shall be used for outside storage. Among the uses
that shall not be considered appropriate for inclusion under this
provision are: retail shop (E-10), repair shop (E-8), automobile repair
(E-1), wholesale (G-9), contracting (G-2) and trades (G-8).
(c)
The storage of tractor-trailers, panel trucks,
vans and similar vehicles which supply or service establishments in
nonresidential districts shall be permitted, provided that such vehicles
shall be used by the establishment in the normal conduct of their
business.
(6)
H-6, residential accessory structure. Such use shall
include a residential accessory structure or use, including but not
limited to:
(a)
Parking spaces for the parking of passenger
automobiles; parking of commercial vehicles not exceeding one ton
loading capacity within a completely enclosed building.
(b)
Structures such as fences and walls with a maximum
height of seven feet.
(c)
Buildings such as storage sheds, bathhouses,
and private greenhouses, provided that they meet the following requirements:
All structures with floor area of up to 200 square feet shall be set
back five feet from any property line, and structures with a floor
area of 200 to 500 square feet shall be set back 12 feet from any
property line. Accessory structures over 500 square feet in floor
area shall meet the setback requirement of the applicable district.
A residential accessory structure shall be limited to a height of
one story or 18 feet, whichever is greater.
[Amended 11-18-1997 by Ord. No. 97-10; 4-17-2001 by Ord. No.
2001-4]
(d)
No more than one facility for domestic servants
or caretakers employed on the premises and for occasional gratuitous
guests.
(e)
Excluding swimming pools, no more than three
residential accessory structures are permitted on a residential lot.
[Added 10-7-2003 by Ord. No. 2003-9]
(f)
Excluding swimming pools, the total area of
all residential accessory structures shall not exceed 1,000 square
feet.
[Added 10-7-2003 by Ord. No. 2003-9]
(g)
Chicken shelters. Chickens permitted to be maintained on residential property under this § 104-23 shall be kept in accordance with the following standards:
[Added 4-17-2019 by Ord.
No. 2019-03]
[1]
A roofed shelter/coop providing a minimum of two square feet per
adult bird, with an attached fenced chicken run that provides a minimum
of four square feet per adult bird.
[2]
Chicken shelters/coops and runs shall be located in the rear or side
yard of the property and meet the required accessory structure guidelines.
Moreover, the entirety of any chicken coop and run shall be placed
closer to the dwelling on the lot in question than to the dwelling(s)
on any adjoining lot(s). In no case shall any chicken coop or run
be located within 25 feet of any dwelling on an adjoining lot.
[3]
All chickens shall be kept in the chicken shelter/coop or attached
fenced run at all times and the free ranging of chickens shall be
prohibited.
[4]
The fence surrounding the chicken run shall be securely constructed
with a wire or mesh type of material.
[5]
The fenced chicken run shall be well drained so that there is no
accumulation of moisture. The floors and walls of the chicken shelter/coop
shall be kept in a clean and sanitary condition, with all droppings
collected at least weekly. Droppings shall be kept in a covered container
until composted, applied as fertilizer or transported off-premises.
[6]
All chicken feed shall be kept in a secure covered container.
[7]
All chickens shall have sufficient protection from predators.
[8]
A diagram shall be submitted with the zoning application showing
the dimensions and construction details of the proposed chicken coop
structure and the location whereof in the subject property.
[9]
The Zoning Officer, or the New Jersey Department of Agriculture,
shall have the right to periodically inspect the premises to ascertain
compliance with the terms of this section and all other rules and
regulations pertaining to poultry promulgated by the Department of
Agriculture.
(7)
H-7, swimming pool. A swimming pool shall be permitted
as an accessory to a residential use, provided that:
(a)
Swimming pools, in general:
[1]
No person, owner or occupant of land shall install
or maintain a swimming pool or other artificial body of water capable
of being filled to a depth exceeding 18 inches at the deepest or lowest
point unless a permit is first obtained from the local enforcement
officer and the required plans and information are filed, together
with required permit fees. Ornamental pools and wading pools which
do not exceed 18 inches in depth are exempt from these provisions.
[2]
With respect to permanent swimming pools, the
building area restrictions as set forth for the pertinent zoning districts
in this chapter shall apply, and, in addition thereto, each such pool
or water area shall be located not less than 15 feet back from the
front building setback line and not closer than 10 feet to property
lines.
[3]
Building permits are required prior to the construction,
alteration, remodeling or additions to a swimming pool or other artificial
water areas not specifically exempt from this chapter.
[4]
No person, owner or occupant of land shall install
or maintain a nonexempt wading pool as defined in this chapter unless
a permit is obtained from the local enforcement officer and written
approval obtained upon inspection and subject to the discretion of
the inspecting officer, except as hereinafter provided.
(b)
Any pool or water area subject thereto shall
be suitably designed, located and maintained so as not to become a
nuisance or hazard either to adjoining property owners or the public
generally. All detachable ladders shall be removed when the pool is
not in use.
(c)
Outdoor lighting, if used, shall be installed
in such a way as to be shielded and not to reflect toward or into
the interior of adjacent residential properties.
(d)
All electrical work connected with the pool
and all equipment incidental thereto shall comply with all underwriters'
regulations and must be inspected and certified by an electrical underwriter's
inspection agency prior to the issuance of a certificate of compliance.
In no event may said pool be used prior to such approval.
(e)
If pools are connected to any water, sewer or
public utility line, there must be installed a separate valve controlling
such line, both as to supply and drainage, and a permit must be obtained
prior to installation from the agency furnishing such utility service.
A minimum isolation distance of 25 feet shall be required between
a swimming pool and any sewage disposal system.
(f)
Approved filtration systems and circulators
must be provided for all pools except such exempt or nonexempt wading
pools as are emptied on a daily basis as hereinafter provided.
(g)
All pool installations shall conform to all
applicable building codes.
(h)
In no case shall water in the pool or pool area
be permitted to emit an offensive odor or create any unhealthful condition.
Further, it shall be a violation of this chapter to cause or allow
drainage onto adjoining land, public or private; provided, however,
that the Building Officer may issue a permit for drainage into storm
sewers at his or her discretion.
(i)
No pool shall be located under any electric
power lines (including service lines), and the pool must be located
at least 10 feet (measured horizontally) from such power lines.
(j)
No water shall be placed in the pool until a
fence, as required by this chapter, has been completed.
(k)
Fencing of pools.
[1]
Permanent swimming pools, above or below grade,
must be completely enclosed with a minimum four-foot-high chain link,
stockade, picket (not exceeding three-inch spacing), solid wooden
fence, building wall or such other material as may be acceptable,
at the discretion of the Building Inspector, to carry out the intent
of this chapter.
[2]
Swimming pools equipped with surrounding elevated
walkways that are at least four feet above the ground need not be
fenced if the construction is such that it prevents access to the
water by small children and ladders or steps from the ground are removed
or the pool is made inaccessible, when not attended.
(8)
H-8, temporary structures and vehicles. Such use shall
include a temporary structure, vehicle or use. A temporary permit
may be issued for structures or uses necessary during construction
or other special circumstances of a nonrecurring nature, subject to
the following additional provisions:
(a)
The time period of the initial permit shall be six months. This permit may be renewed for three-month time periods, subject to the limitations specified in Article VII.
(b)
Temporary nonconforming structures or uses shall
be subject to authorization by the Zoning Officer or governing body.
(c)
Such structure or use shall be removed completely
within 30 days of the expiration of the permit without cost to the
municipality.
(d)
Campers, recreational vehicles and boats shall
be stored on the premises by the occupant of the premises only, and
then only behind the front line of the house.
(e)
Tractor-trailers shall not be permitted to be
parked on the street in residential districts.
(9)
H-9,
minor renewable energy generating facility. Such use shall meet the
definition of a minor renewable energy generating facility, in addition
to complying with the following requirements applicable to the type
of facility proposed:
[Added 12-6-2011 by Ord. No. 2011-14]
(a)
For passive and active solar and photovoltaic facilities:
[1]
Such uses shall be permitted as accessory uses to the permitted
principal and other accessory uses on the lot and shall not involve
the production of power for off-premises consumption nor shall such
uses constitute the principal use of any lot. This prohibition shall
not be interpreted to preclude the occasional sale of excess power
from a solar energy system back to the public electric utility provider.
[2]
A zoning permit shall be required for the installation of roof-mounted
solar panels in all cases. Site plan approval shall also be required
for all ground-mounted solar energy facilities, except that ground-mounted
solar energy facilities on single- and two-family residential lots
and farms that meet the requirements of this subsection shall not
require site plan approval.
[3]
Roof-mounted solar panels may be attached to either a principal
or an accessory building. When attached on a pitched roof, such panels
shall be no more than one foot higher, measured vertically, than the
surface of the roof to which such panels are attached and no part
of the solar energy system shall extend beyond the highest peak of
the roof to which they are attached nor shall any part of the system
exceed the maximum permitted height for the building. When attached
on a flat roof, such panels shall be no more than six feet higher,
measured vertically, than the surface of the roof to which such panels
are attached and no part of the solar energy system shall exceed the
maximum permitted height for the building.
[4]
Ground-mounted solar panels and solar energy systems, except
where located on single- and two-family residential lots and farms,
shall be enclosed by fencing for security purposes.
[5]
Ground-mounted solar panels and solar energy systems, where
permitted, shall not be located between the principal building and
the street and shall not be located in any minimum required side or
rear yard. All ground-mounted solar panels and solar energy systems
shall be screened from view from adjacent properties and streets with
a year-round vegetative screen, buildings and/or solid fencing, unless
the Board determines that there is sufficient distance or sufficient
natural screening from vegetation and/or topography to mitigate any
potential visual impact to obviate further screening measures.
[6]
Ground-mounted solar panels and solar energy systems shall not
exceed 10 feet in height nor shall they occupy more than 5% of the
area of the lot they occupy. Ground-mounted solar energy systems shall
be excluded from the calculation of the lot (impervious) coverage
if mounted on a lawn or vegetated area.
[7]
To the extent reasonably possible, solar energy systems shall
be designed using colors and materials that will blend with their
settings and avoid visual blight.
[8]
Solar energy systems shall not be used for the display of advertising,
except for reasonable manufacturer/operator identification, provided
such identification is not visible from a property line.
[9]
The total operational mechanical or aerodynamic noise, including
turbine, inverter or transmission line noise from the solar energy
system shall not exceed 50 dBA, measured from the nearest property
line.
[10]
Any solar energy system that has generated no
electricity for a period of 12 months shall be deemed to be abandoned
and shall be decommissioned within six months of such abandonment.
[a]
Decommissioning shall include the removal of the
entire solar panel array and all associated facilities and equipment
connected thereto from the premises and the cleaning and restoration
of the area to a preinstallation condition.
[b]
If said decommissioning has not been completed
within the requisite six-month period, then the Borough's Zoning Officer
shall provide written notice by certified mail to the landowner requiring
that decommissioning be completed within 30 days of the receipt of
said notice.
[c]
If the decommissioning has not been completed within
30 days of the receipt of said notice, the Borough may either undertake
the decommissioning and charge the landowner and/or facility owner
and operator for all of the costs and expenses thereof, including
reasonable attorney's fees, or take appropriate legal action to compel
the decommissioning. All costs incurred by the Borough shall be billed
to the landowner and, if not paid within 60 days of billing, shall
become a lien against the property.
[11]
All solar energy systems installed on commercial, institutional or multifamily residential property in Glen Gardner Borough shall comply with the safety regulations set forth in § 104-23G(11).
[12]
Solar energy systems located on qualified commercial
farms shall be limited to a maximum of 10 acres of land or, alternatively,
a production rating not exceeding two megawatts (2 MW) of electricity,
at peak output, provided that the acreage devoted to the solar energy
system does not exceed a ratio of one acre of solar energy system
to five acres of farmland or approximately 17% of the farmland acreage.
[13]
Solar energy systems located on preserved farms
shall be limited to a maximum of 1% of the acreage of the preserved
farm dedicated to the production of energy or, alternatively, shall
generate no more than 110% of the previous year's electrical energy
demand.
(b)
For small wind energy systems:
[1]
Such uses shall be permitted as accessory uses to the permitted
principal and other accessory uses on a commercial or residential
lot provided they shall not involve the production of power for off-premises
consumption nor shall such uses constitute the principal use of the
lot. This prohibition shall not be interpreted to preclude the occasional
sale of excess power from a small wind energy system back to the public
electric utility provider.
[2]
Where permitted as an accessory use to a permitted residential
or commercial use, such systems shall be limited to roof-mounted wind
energy systems, and the maximum height of all components shall not
exceed 45 feet measured vertically from the ground elevation to the
highest point of the system or 10 feet over the maximum height of
the building to which such system is attached, whichever is less.
[3]
Ground-mounted small wind energy systems shall be permitted
as accessory uses only to qualified commercial agricultural uses or
preserved farms, subject to all of the following requirements:
[a]
A wind tower for a small wind energy system shall
be set back from all property lines a distance of at least 150% of
the total height of the wind energy system and shall be set back from
any buildings and overhead utility easements located on the property
a distance equal to 110% of the total height of the small wind energy
system.
[b]
A wind tower shall have a maximum tower height
no greater than 120 feet. To the extent that this height limit precludes
the effective use of a small wind energy system on a particular site,
such system shall not be deemed to be a permitted accessory use in
the zone, nor shall such use be considered a permitted principal use.
[c]
All ground-mounted electrical and control equipment
shall be labeled and secured to prevent unauthorized access. The wind
tower shall be designed and installed so that the first eight feet
above the ground has no step bolts, no ladder, and no other means
for climbing the tower.
[d]
A small wind energy system shall not be artificially
lighted unless such lighting is required by the Federal Aviation Administration.
[e]
The wind generator and the wind tower shall remain
painted or finished in the color or finish that was originally applied
by the manufacturer.
[f]
There shall be no signs posted on a small wind
generator system or any associated building that will be visible from
any public road except for the manufacturer's or installer's identification,
appropriate warning signs, or owner identification.
[g]
Small wind energy systems that connect to the public
electric utility system shall comply with the New Jersey's Net Metering
and Interconnection Standards for Class I Renewable Energy Systems
at N.J.A.C. 14:4-9.
[h]
Meteorological or met towers shall be permitted
under the same standards, permit requirements, restoration requirements
and permit procedures as small wind energy systems.
[i]
For wind speeds in the range of zero miles per
hour to 25 miles per hour, the noise level generated by any small
wind energy system, measured at the nearest property line, shall not
exceed 55 dB(A) at night nor 65 dB(A) during the day, per applicable
state noise regulations.
[j]
A zoning permit shall be obtained from the Borough
Zoning Officer confirming that all requirements of this subsection
will be met prior to the issuance of applicable construction permit(s),
but site plan approval shall not be required. The application for
a zoning permit shall include all of the following information:
[i]
A survey plan indicating property lines and physical dimensions
of the property;
[ii]
A survey plan indicating location, dimensions, and existing
structures on the property;
[iii]
A plan indicating the proposed location and dimensions
of the proposed wind tower;
[iv]
A plan indicating the locations of any overhead utility easements
on the property; and
[v]
Proposed small wind energy system specifications, including
manufacturer and model, rotor diameter, system height, tower height
and tower type (freestanding or guyed).
[k]
Termination of the principal agricultural use of the lot shall terminate the rights to the accessory use and shall require immediate removal of the small wind energy system as provided in Subsection H(9)(b)[4] below.
[l]
Small wind energy systems located on qualified
commercial farms shall be limited to a maximum of 10 acres of land
or, alternatively, a production rating not exceeding two megawatts
(2 MG) of electricity, provided that the acreage devoted to the small
wind energy system does not exceed a ratio of one acre of small wind
energy system to five acres of farmland or approximately 17% of the
farmland acreage.
[m]
Small wind energy systems located on preserved
farms shall be limited to a maximum of 1% of the acreage of the preserved
farm dedicated to the production of energy or, alternatively, shall
generate no more than 110% of the previous year's electrical energy
demand.
[4]
Any small wind energy system that has been out of service for
a continuous twelve-month period shall be deemed to have been abandoned
and shall be completely removed from the premises within three months
of such abandonment; areas from which small wind energy systems have
been removed shall be restored to a preinstallation state. The owner
of the land occupied by the small wind energy system (whether ground-
or roof-mounted) shall be responsible for such removal.
[a]
The Zoning Officer may issue a notice of abandonment
to the landowner for a small wind energy system that is deemed to
have been abandoned. The notice shall be sent return receipt requested.
[b]
The landowner shall have the right to respond to
the notice of abandonment within 30 days of receipt.
[c]
If the landowner provides information to the Zoning
Officer within the requisite thirty-day response period that demonstrates
that the small wind energy system has not been abandoned, the Zoning
Officer shall withdraw the notice of abandonment and notify the owner
that the notice has been withdrawn.
[d]
If the Zoning Officer determines that the small
wind energy system has been abandoned, the landowner of the small
wind energy system shall remove all wind generators, the wind tower,
if applicable, and all other equipment associated with the small wind
energy system at the landowner's sole expense within three months
after receipt of the notice of abandonment, and the area of the site
that contained such equipment shall be restored to a preinstallation
state.
[e]
If the owner fails to remove the wind generator
and wind tower and other equipment in the time allowed under Subsection
H(9)(b)[4][d] above, the Borough may pursue legal action to have such
equipment removed at the landowner's expense.
I.
Cannabis
uses.
[Added 6-16-2021 by Ord. No. 2021-07]
(1)
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, excepting the delivery of cannabis items and related supplies
by a delivery service be and hereby are prohibited in all districts.
