[Added 9-1-1988 by Ord. No. 316]
A.
General requirements and provisions.
(1)
No person shall build, rebuild, create or cause to be built, rebuilt
or created any object or structure, or shall plant or cause to be
planted or permit to grow any tree or vegetation which will interfere
with, diminish, change or obstruct the airspace or landing and takeoff
area available for the landing and takeoff of aircraft at public use
airports.
(2)
This subsection shall not be construed to require the removal or
lowering of or other change or alteration of any structure or tree
not conforming to the rules promulgated by the Department of Transportation
or otherwise interfere with the continuance of any nonconforming use
as created herein.
(3)
In order to expedite the handling of routine applications for permits
where the resulting development would have negligible adverse impact
under the purposes of this section, the Commissioner of the New Jersey
Department of Transportation may institute, by written order, fast-track
or five-day application review procedures. The Commissioner may also
establish, by written order, classifications of permit applications
and, for certain routine applications, a permit application fee of
$25.
(4)
In the event that an airfield owner or operator has an agreement
with the Federal Aviation Administration for the control of airfield
hazards, the airfield owner or operator shall comply with the most
protective provisions of both this subsection and any agreement with
the Federal Aviation Administration.
B.
Variances. No variance or other relief from the standards promulgated
by or under this section may be granted by the Township to itself
or any person except upon the condition that the variance or relief
is contingent upon the issuance of a permit allowing the variance
or relief by the Commissioner of the New Jersey Department of Transportation.
C.
Delineation of airport hazard areas.
(1)
Methodology used to delineate airport hazard areas.
(a)
An airport hazard area shall be established for each runway
at an airfield.
(b)
Each airport hazard area shall consist of a runway subzone,
two runway end subzones and two clear zones.
[Amended 8-2-1990 by Ord. No. 360]
(c)
The overall airport hazard area for an airfield is geometrically
constructed by defining and locating the runway subzone and runway
end subzones for each runway open to the public on an airfield open
to the public. The outermost borders of the subzone comprise the outermost
boundary of the airport hazard area. The area within those outermost
boundaries is that area regulated by the provisions of this subsection
and is the airport hazard area for an airfield.
(d)
The methodology used to delineate the overall construction and
outermost boundaries of the airport hazard area for an airfield is
further graphically depicted in Figure 3[1] below.
[1]
Editor's Note: Figure 3, Bucks Airfield Graphic Depiction of the General Overall Construction and Outermost Boundaries of an Airfield Hazard Area, is included at the end of this chapter.
(2)
Delineation of the runway subzone.
(a)
The runway subzone of an airport hazard area shall consist of
a rectangle having the same center line and length as the runway,
unless a shorter length is necessitated by limited property ownership
at the airport.
(b)
The width of the runway subzone shall be 2,350 feet.
(c)
The exact length of the runway subzone shall be determined by
one of the two following methods:
[1]
For most airports, the length of the runway subzone will be
the same as the physical length of the runway.
[2]
If the physical end of a runway is closer than 200 feet from
the property or easement line of the airport, as measured along the
runway's extended center line, then the end of the runway subzone
shall be defined by a line drawn perpendicular to the runway center
line at a point 200 feet inside of the airport property or easement
line. In that case, a portion of the runway will extend beyond the
bounds of the runway subzone.
(d)
The methodology used to delineate the runway subzone of an airport
hazard area is illustrated in Figure 1.[2]
[2]
Editor's Note: Figure 1, Bucks Airfield Graphic Depiction of the General Construction of the Runway Subzone of an Airfield Hazard Area, is included at the end of this chapter.
(3)
Delineation of the runway end subzones.
(a)
The runway end subzones at an airport hazard area shall consist
of trapezoids located at either end of the runway subzone along the
flight approach and departure path.
(b)
Each runway end subzone shall extend 3,000 feet from the end
of the runway subzone, as measured along the extended center line
of the runway.
(c)
The base of the runway end subzone shall be defined by the end
of the runway subzone and shall have a width of 2,350 feet. The width
of the runway end subzone shall narrow as the distance from the end
of the runway subzone increases. Its final width shall be 850 feet.
(d)
The methodology used to delineate the runway end subzone of
an airport hazard area is illustrated in Figure 2.[3]
[3]
Editor's Note: Figure 2, Bucks Airfield Graphic Depiction of the General Construction of the Runway End Subzone(s) of an Airfield Hazard Area, is included at the end of this chapter.
(4)
Delineation of the clear zones.
[Added 8-2-1990 by Ord. No. 360]
(a)
The clear zones of an airport hazard area shall consist of trapezoids
located within the runway end subzone along the flight approach and
departure path.
(b)
Each clear zone shall extend 1,000 feet from the end of the
runway subzone, as measured along the extended center line of the
runway.
(c)
The base of the clear zone shall be co-located with the end
of the runway subzone and shall have a width of 250 feet. The width
of the clear zone shall increase as the distance from the end of the
runway safety zone increases. Its final width shall be 450 feet.
(d)
The methodology used to delineate the clear zone of an airport
hazard area is illustrated in Figure 7.[4]
[4]
Editor's Note: Figure 7 is included at the end of this chapter.
D.
Obstruction standards.
(1)
Minimum obstruction standards. Notwithstanding the provisions of
this chapter, the primary regulation of airfield development, airfield
property use, internal dimensional criteria and vertical development
on airports is accomplished within N.J.A.C. 16:54.
(2)
Methodology used to define vertical development allowed within an
airport hazard area.
(a)
Minimum obstruction standards as set forth herein establish
the vertical limits up to which structures or trees may be allowed
to be developed or grown within an airport hazard area.
(b)
Minimum obstruction standards as set forth herein or established
hereunder are vertical standards measured in respect to elevations
whose datum is the horizontal plane established by runway elevations.
For example, if a point in an airport hazard area permits at a specific
point development up to "X" feet, that means "X" feet above the runway
horizontal plane and not "X" feet above the natural grade. This provision
is further graphically depicted in Figure 4.[6]
[6]
Editor's Note: Figure 4, Height Standards of Airfield Hazard Areas, is included at the end of this chapter.
(c)
The vertical standards within the runway subzone of an airport
hazard area are determined first by establishing the elevations at
the runway center lines at the ends of the runway subzone of the airport
hazard area. From those elevations at the runway subzone ends, a line
is run 90° outward from each side of the runway center line for
a distance of 125 feet. Within the area defined by these four points,
no development is allowed above the natural grade of the soil except
for runway and flight safety equipment.
[1]
The vertical standards within the remainder of the runway subzone
of an airport hazard area are determined by establishing planes from
the edges of the longitudinal zero-foot development restriction line
established in N.J.A.C. 16:62-3.2(b)1.ii which slope upward and outward
at a rate of seven feet horizontally to one foot vertically. This
upward plane ceases when it reaches the outer longitudinal borders
of the runway subzone of any airport hazard area at the elevation
of 150 feet above its starting point at the longitudinal zero-foot
development line.
[2]
The methodology used to establish the vertical standards within
the runway subzone of an airport hazard area is further graphically
depicted in Figure 5.[7]
[7]
Editor's Note: Figure 5, Vertical and Horizontal Planes of Runway Subzone of the Bucks Airfield Hazard Area, is included at the end of this chapter.
(d)
The vertical standards within the runway end subzone of an airport
hazard area are determined by first establishing a plane with a rising
slope of one foot upward to 20 feet outward from the end of the runway
subzone to the outermost end of the runway end subzone. This plane
is bisected by the extended runway center line and is 250 feet in
total width at its innermost dimension and widens uniformly along
its three-thousand-foot length so as to have a total width of 850
feet at its outermost dimension where it intersects with the outermost
portion of the runway end subzone at the elevation of 150 feet above
its starting point at the zero-foot development line.
[1]
The vertical standards within the remainder of the runway end subzone of an airport hazard area are determined by establishing sloping planes from the outermost longitudinal edges of the plane established in Subsection D(2)(d) hereinabove. These planes rise upward at a rate of one foot upward to seven feet outward from the plane established in Subsection D(2)(d) above to where they meet the outermost longitudinal boundaries of the runway end subzone at the elevation of 150 feet.
[2]
The methodology used to establish the vertical standards with
the runway end subzone of an airport hazard area is further graphically
depicted in Figure 6.[8]
[8]
Editor's Note: Figure 6, Vertical and Horizontal Planes of Runway End Subzone of the Bucks Airfield Hazard Area, is included at the end of this chapter.
E.
Minimum land use standards. Within the hazard areas as delineated
on the map entitled "Bucks Airfield Hazard Areas," dated December
15, 1989, which is attached hereto and made a part hereof this chapter,
the following land use standards shall apply:
[Amended 3-2-1989 by Ord. No. 328; 4-27-1989 by Ord. No. 330; 8-2-1990 by Ord. No. 360]
(1)
Permitted land uses.
(a)
Single-family dwelling units which are situated on a lot at
least three acres in size and not located in a clear zone shall be
permitted. Residential zoning is permitted in the clear zone as long
as all dwellings are physically located outside of the clear zone.
(b)
Airparks where the minimum lot size shall be at least three
acres and which are not located in a clear zone.
(c)
Open spaces.
(d)
Agriculture.
(e)
Transportation.
(f)
Airport.
(g)
Commercial uses as set forth in the Schedule of District Regulations[9] for any business/commercial zoning district within which
the hazard area is located, provided that such commercial use is not
located in a clear zone.
[9]
Editor's Note: The Schedule of District Regulations is included at the end of this chapter.
(2)
Specifically prohibited land uses.
(a)
Residential (dwelling units not situated on a lot of at least
three acres in size).
(b)
Planned unit development and multifamily dwellings.
(c)
Hospitals.
(d)
Schools.
(e)
Aboveground bulk tank storage of compressed flammable or compressed
toxic gases and liquids.
(f)
Within the runway end subzones only, the aboveground bulk tank
storage of flammable or toxic gases or liquids.
(g)
Uses that may attract massing birds, including landfills.
(h)
Above-grade major utility transmission lines and/or mains.
(3)
Prohibited land uses are specifically prohibited without the written
approval of the Commissioner of the New Jersey Department of Transportation.
Prohibited uses may be allowed by said Commissioner on airfield property
when they are determined necessary by the Director of the New Jersey
Division of Aeronautics for air commerce purposes or for the operation
of the airfield and its vendors directly serving air commerce needs.
F.
Permit for creation or expansion of a prohibited land use or vertical
height development within an airport hazard area.
(1)
General provisions.
(a)
The Commissioner of the New Jersey Department of Transportation
may issue a permit for creation or establishment of a nonconforming
use or vertical height development within an airport hazard area upon
determination that:
[1]
An application in conformance with the provisions of this section
has been properly submitted;
[2]
A conditional development approval has been granted by the appropriate
Township agency, if required;
[3]
The creation of the prohibited land use or vertical height development
will not in fact create an additional airfield hazard limiting the
size of the area available for landing, taking off and maneuvering
of aircraft; and
[4]
The creation or establishment of the prohibited land use or
vertical height development will not harm the public health, safety
and welfare.
(b)
No person may commence the construction or development of any
structure, land use or condition which is contrary to the standards
of this chapter without a valid permit issued by the Commissioner.
(c)
In considering an application for a permit, the Director may
confer with and seek additional information from the applicant or
other interested party, agency or governmental organization.
(d)
In the review of the application, the Department of Transportation
may take into consideration any factor relevant to the hardship demonstrated
by the applicant and any information relevant to the public health,
safety and welfare.
(2)
Township approval.
(a)
A developer of a project requiring creation or establishment
of a prohibited land use or vertical height development shall first
apply for developmental approval from the appropriate Township agency.
If the Township agency approves of the development, that approval
shall be conditioned on the developer applying for and receiving a
permit from the Commissioner of the New Jersey Department of Transportation
in accordance with the provisions of this section. Construction, development
or creation of any prohibited land use shall not commence until and
unless a permit has been issued by said Commissioner.
(b)
An application for a permit will only be considered by the New
Jersey Department of Transportation if accompanied by a letter from
the Township requesting the permit.
(3)
Permit application requirements.
(a)
To be considered complete, an application for a permit for creation
of a prohibited land use or vertical height development within an
airfield hazard area must include the following:
[1]
Copies of the completed airport hazard permit application form.
[2]
A letter requesting issuance of a permit by the Department from
a municipal agency having jurisdiction over the development, together
with a copy of the conditional approval for development granted by
the municipal agency, if required.
[3]
A detailed statement of the hardship condition necessitating
the application for variance or relief and a showing that the public
health, safety and welfare will not be harmed by the creation of the
prohibited land use or vertical height development.
[4]
Certification that the applicable airfield owner(s) or authority
were notified of the permit application by registered mail.
[5]
Submission of a nonrefundable permit application fee of $75.
[6]
Submission of site plans, specifications and construction drawings
detailing the substance of the proposed development for which a permit
is sought. Site plans shall bear the raised seal of a New Jersey licensed
professional engineer, professional planner, land surveyor or architect
and shall show the location of property lines, the location of runways,
the boundaries of the airfield hazard area and elevations of proposed
development showing where and by what amount the development exceeds
the minimum standards for vertical development adopted under this
chapter.
[7]
Any other material deemed necessary to the permit application
by the Director.
(b)
Applications for permits issued under the provisions of this
section and correspondence to the Department relating to the provisions
of this section should be forwarded to the following address: New
Jersey Department of Transportation, Division of Aeronautics, Air
Safety and Hazardous Zoning Permits, 1035 Parkway Avenue, CN 600,
Trenton, New Jersey 08625.
(4)
Permit review procedure.
(a)
For routine applications, review of an application shall be
completed by the Division within 90 days of the date on which an application
is accepted as complete.
(b)
Nonroutine cases, requiring the review or approval of a federal
agency or another state agency prior to issuance of a permit, shall
be conducted in as timely fashion as possible. The Director shall
notify the applicant of a delay in the review process necessitated
by another agency's involvement. The notification shall be provided
prior to 80 days following the date of acceptance of a complete application
and shall include an estimate of the date by which a completion of
the review process can be anticipated.
(c)
For routine cases not requiring review by other agencies, the
Division may, at its discretion, extend the ninety-day review period
by 30 days if determined necessary to complete the review process.
The applicant and the affected municipality shall be notified of this
extension by the Department at least 15 days prior to the expiration
of the ninety-day period.
(d)
Following review of an application by the Division, the Director
shall determine whether to recommend to the Commissioner that the
permit be granted or denied.
(e)
If the Director recommends denial, the applicant and municipal
agency will be notified within five working days of the date of decision.
An applicant who has been so notified by the Director may request
an appeal before the Office of Administrative Law pursuant to N.J.S.A.
52:14B-1 et seq. and N.J.A.C. 1:1. The applicant shall notify the
Division by certified mail within 14 calendar days of notification
of denial that an appeal will be forwarded to the Office of Administrative
Law.
(f)
Pursuant to N.J.S.A. 52:14B-1 et seq. and N.J.A.C. 1:1, a final
determination to either deny or grant the permit application will
be made by the Commissioner subsequent to the filing of an initial
decision by the administrative law judge who conducted the hearing.
G.
Permit application decisions. The Commissioner of the New Jersey
Department of Transportation may take one of the following actions:
(1)
Approve the application as submitted. The applicant will receive
a permit which shall be effective during the same period as the development
approval granted by the municipal agency. The Department will mail
a copy of the permit to the applicant and municipal agency within
five working days of the date of approval.
(2)
Deny the application. The Department will mail a copy of the permit
denial to the applicant and municipal agency within five working days
of the date of the decision.
(3)
Phased or partial approval. Where conditions warrant, the Commissioner
may provide for a phased approval of an application. The Commissioner
may also approve part of an application and deny the remainder. The
nature of approval granted, and of the denials, shall be transmitted
to the applicant and the municipal agency within five working days.
[1]
Editor's Note: Former § 405-21, Conversion of dwellings,
as amended 9-1-1988 by Ord. No. 316, was repealed 3-18-2021 by Ord. No. 823.
No garbage, rubbish, refuse, tree limbs, roots or stumps or
any other waste material, except clean soil, sand and/or gravel, or
rock deposited for the purpose of regrading or landscaping the land
on which deposited, shall be dumped, pumped or deposited in any zone
district within 500 feet of any municipal, county or state roadway
or any lake, stream, river or property line except after issuance
of a zoning permit for such, subject to the following standards and
regulations:
A.
The disposition of materials shall:
(1)
Not be objectionable by reason of dust, fumes, smoke or odor or be
otherwise detrimental to the public health and safety.
(2)
Not be found to cause an adverse effect.
(3)
Be in accordance with the health standards and regulations of the
Cumberland County Board of Health and any appropriate agencies of
the New Jersey Department of Health and Senior Services and the Department
of Environmental Protection.
(4)
Be undertaken during normal working hours and not require the building,
construction or establishment of a road or driveway to the dumping
area.
(5)
Not require the destruction or removal of existing trees of twenty-four-inch
caliper or larger.
(6)
Conform to the performance standards contained in § 405-62A(16).
B.
The site where the disposition of materials is made shall be rehabilitated
to its natural state through regrading and landscaping.
C.
An application for a zoning permit to dump or deposit materials in the Township shall be made to the Zoning Officer in accordance with the procedures and subject to the requirements of a major site plan application as provided in § 405-69.
[Added 5-3-1990 by Ord. No. 351]
A.
The Planning Board may permit subdivisions of land for the installation
of essential services. Any lot(s) created for an essential service
shall be sized to meet the specified need involved, and the Board
shall be assured that there is adequate area for provision of the
essential service facility, on-site maneuverability and buffering
from adjoining properties, if deemed necessary.
B.
Site plan review shall only be required in connection with an essential
service facility which proposes the installation of a structure which
will be above ground or which would require fencing around the facility
or an entranceway to an underground structure. Site plan review will
not be required in connection with the installation of underground
lines within road rights-of-way or within specific easements established
for said purpose.
[Amended 9-1-1988 by Ord. No. 316]
A.
In any zoning district, fences, walls and hedges may be located within yard areas so long as they do not encroach on public rights-of-way or neighboring properties, provided that any fence, wall or hedge along the sides and front edge of any front yard shall not exceed a height of 2 1/2 feet (four feet where the fence, wall or hedge is not more than twenty-five-percent opaque) or be in conflict with the provisions of § 405-62A(39) of this chapter. For purposes of this section, a "hedge" shall be defined as any clustering or configuration of plant material in such a manner as to permanently or temporarily prohibit or inhibit unrestricted travel between properties or portions of properties or between the street or public right-of-way and a property.
B.
The Planning Board may modify this requirement upon request wherein
it is deemed reasonable and appropriate to require the installation
of a buffer between two properties in order to shield a residential
use from a commercial or industrial use on an adjoining property or
from some other objectionable condition such as a heavily traveled
thoroughfare.
C.
A zoning permit shall not be required in connection with the construction
of a fence or wall unless such fence or wall is to be built not in
conformance with the provisions of this section.
[Amended 10-28-1982 by Ord. No. 244; 5-7-1987 by Ord. No. 291; 5-19-2016 by Ord. No. 743]
A.
Statutory authorization, findings of fact, purpose and objectives.
(1)
Statutory authorization. The Legislature of the State of New Jersey
has, in N.J.S.A. 40:48-1, et seq., delegated the responsibility to
local governmental units to adopt regulations designed to promote
public health, safety, and general welfare of its citizenry. Therefore,
the Township Committee of the Township of Upper Deerfield, of Cumberland
County, New Jersey does ordain as follows.
(2)
Findings of fact.
(a)
The flood hazard areas of the Township of Upper Deerfield are
subject to periodic inundation which results in loss of life and property,
health and safety hazards, disruption of commerce and governmental
services, extraordinary public expenditures for flood protection and
relief, and impairment of the tax base, all of which adversely affect
the public health, safety, and general welfare.
(b)
These flood losses are caused by the cumulative effect of obstructions
in areas of special flood hazard which increase flood heights and
velocities and, when inadequately anchored, cause damage in other
areas. Uses that are inadequately floodproofed, elevated or otherwise
protected from flood damage also contribute to the flood loss.
(3)
Statement of purpose. It is the purpose of this section to promote
the public health, safety, and general welfare, and to minimize public
and private losses due to flood conditions in specific areas by provisions
designed to:
(a)
Protect human life and health;
(b)
Minimize expenditure of public money for costly flood control
projects;
(c)
Minimize the need for rescue and relief efforts associated with
flooding and generally undertaken at the expense of the general public;
(d)
Minimize prolonged business interruptions;
(e)
Minimize damage to public facilities and utilities such as water
and gas mains, electric, telephone and sewer lines, streets, bridges
located in areas of special flood hazard;
(f)
Help maintain a stable tax base by providing for the second
use and development of areas of special flood hazard so as to minimize
future flood blight areas;
(g)
Ensure that potential buyers are notified that property is in
an area of special flood hazard; and
(h)
Ensure that those who occupy the areas of special flood hazard
assume responsibility for their actions.
(4)
Methods of reducing flood losses. In order to accomplish its purposes,
this section includes methods and provisions for:
(a)
Restricting or prohibiting uses which are dangerous to health,
safety, and property due to water or erosion hazards, or which result
in damaging increases in erosion or in flood heights or velocities;
(b)
Requiring that uses vulnerable to floods, including facilities
which serve such uses, be protected against flood damage at the time
of initial construction;
(c)
Controlling the alteration of natural floodplains, stream channels,
and natural protective barriers, which help accommodate or channel
floodwaters;
(d)
Controlling filling, grading, dredging, and other development
which may increase flood damage; and
(e)
Preventing or regulating the construction of flood barriers
which will unnaturally divert floodwaters or which may increase flood
hazards in other areas.
B.
AH ZONE
AO ZONE
APPEAL
AREA OF SHALLOW FLOODING
AREA OF SPECIAL FLOOD HAZARD
BASE FLOOD
BASE FLOOD ELEVATION (BFE)
BASEMENT
BREAKAWAY WALL
COASTAL A ZONE
COASTAL HIGH-HAZARD AREA
DEVELOPMENT
DIGITAL FLOOD INSURANCE RATE MAP (DFIRM)
ELEVATED BUILDING
EROSION
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY (FIS)
FLOOD or FLOODING
FLOODPLAIN MANAGEMENT REGULATIONS
FLOODPROOFING
FLOODWAY
FREEBOARD
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURE
(1)
(2)
(3)
(4)
LIMIT OF MODERATE WAVE ACTION (LiMWA)
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK or MANUFACTURED HOME SUBDIVISION
NEW CONSTRUCTION
NEW MANUFACTURED HOME PARK OR SUBDIVISION
RECREATIONAL VEHICLE
(1)
(2)
(3)
(4)
SAND DUNES
START OF CONSTRUCTION
(1)
(2)
STRUCTURE
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
(1)
(2)
VARIANCE
VIOLATION
Definitions. Unless specifically defined below, words or phrases
used in this section shall be interpreted so as to give them the meaning
they have in common usage and to give this section its most reasonable
application.
Areas subject to inundation by one-percent-annual-chance
shallow flooding (usually areas of ponding) where average depths are
between one foot and three feet. Base flood elevations (BFEs) derived
from detailed hydraulic analyses are shown in this zone.
Areas subject to inundation by one-percent-annual-chance
shallow flooding (usually sheet flow on sloping terrain) where average
depths are between one foot and three feet.
A request for a review of the Township program administrator's
interpretation of any provision of this section or a request for a
variance.
A designated AO or AH Zone on a community's Digital Flood
Insurance Rate Map (DFIRM) with a one-percent annual or greater chance
of flooding to an average depth of one foot to three feet where a
clearly defined channel does not exist, where the path of flooding
is unpredictable and where velocity flow may be evident. Such flooding
is characterized by ponding or sheet flow.
Land in the floodplain within a community subject to a one-percent
or greater chance of flooding in any given year. It is shown on the
FIRM as Zone V, VE, V1-30, A, AO, A1-A30, AE, A99, or AH.
A flood having a one-percent chance of being equaled or exceeded
in any given year.
The flood elevation shown on a published Flood Insurance
Study (FIS), including the Flood Insurance Rate Map (FIRM). For Zones
AE, AH, AO, and A1-30, the elevation represents the water surface
elevation resulting from a flood that has a one-percent or greater
chance of being equaled or exceeded in any given year. For Zones VE
and V1-30, the elevation represents the stillwater elevation (SWEL)
plus wave effect (BFE = SWEL + wave effect) resulting from a flood
that has a one-percent or greater chance of being equaled or exceeded
in any given year.
Any area of the building having its floor subgrade (below
ground level) on all sides.
A wall that is not part of the structural support of the
building and is intended through its design and construction to collapse
under specific lateral loading forces without causing damage to the
elevated portion of the building or supporting foundation system.
The portion of the special flood hazard area (SFHA) starting
from a Velocity (V) Zone and extending up to the landward limit of
the moderate wave action delineation. Where no V Zone is mapped, the
Coastal A Zone is the portion between the open coast and the landward
limit of the moderate wave action delineation. Coastal A Zones may
be subject to wave effects, velocity flows, erosion, scour, or a combination
of these forces. Construction and development in Coastal A Zones is
to be regulated the same as V Zones/coastal high-hazard areas.
An area of special flood hazard extending from offshore to
the inland limit of a primary frontal dune along an open coast and
any other area subject to high-velocity wave action from storms or
seismic sources.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations,
or storage of equipment or materials located within the area of special
flood hazard.
The official map on which the Federal Insurance Administration
has delineated both the areas of special flood hazards and the risk-premium
zones applicable to the community.
A nonbasement building built, in the case of a building in
an area of special flood hazard, to have the top of the elevated floor
or, in the case of a building in a Coastal A Zone, to have the bottom
of the lowest horizontal structural member of the elevated floor elevated
above the base flood elevation plus freeboard by means of piling,
columns (posts and piers), or shear walls parallel to the flow of
the water, and adequately anchored so as not to impair the structural
integrity of the building during a flood up to the magnitude of the
base flood. In an area of special flood hazard, "elevated building"
also includes a building elevated by means of fill or solid foundation
perimeter walls with openings sufficient to facilitate the unimpeded
movement of floodwaters. In areas of Coastal A Zones, "elevated buildings"
also includes a building otherwise meeting the definition of "elevated
building" even though the lower area is enclosed by means of breakaway
walls.
The process of the gradual wearing away of land masses.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed before the effective date of
the floodplain management regulations adopted by a community.
The official map on which the Federal Insurance Administration
has delineated both the areas of special flood hazards and the risk-premium
zones applicable to the community.
The official report in which the Federal Insurance Administration
has provided flood profiles, as well as the Flood Insurance Rate Map(s)
and the water surface elevation of the base flood.
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
Zoning ordinances, subdivision regulations, building codes,
health regulations, special purpose ordinances (such as a floodplain
ordinance, grading ordinance and erosion control ordinance) and other
applications of police power. The term describes such state or local
regulations, in any combination thereof, which provide standards for
the purpose of flood damage prevention and reduction.
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without accumulatively increasing the water surface elevation more
than 0.2 foot.
A factor of safety usually expressed in feet above a flood
level for purposes of floodplain management. "Freeboard" tends to
compensate for the many unknown factors that could contribute to flood
heights greater than the height calculated for a selected size flood
and floodway conditions, such as wave action, bridge openings, and
the hydrological effect of urbanization of the watershed.
The highest natural elevation of the ground surface prior
to construction next to the proposed or existing walls of a structure.
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
Inland limit of the area affected by waves greater than 1.5
feet during the base flood. Base flood conditions between the V Zone
and the LiMWA will be similar to, but less severe than, those in the
V Zone.
The lowest floor of the lowest enclosed area (including basement).
An unfinished or flood-resistant enclosure, useable solely for the
parking of vehicles, building access or storage in an area other than
a basement, is not considered a building's lowest floor, provided
that such enclosure is not built so to render the structure in violation
of other applicable nonelevation design requirements of 44 CFR 60.3.
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when attached to the required utilities. The
term "manufactured home" does not include a recreational vehicle.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
Structures for which the start of construction commenced
on or after the effective date of a floodplain regulation adopted
by a community and includes any subsequent improvements to such structures.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed on or after the effective date
of the floodplain management regulations adopted by the municipality.
A vehicle which is:
Built on a single chassis;
Four hundred square feet or less when measured at the longest
horizontal projections;
Designed to be self-propelled or permanently towable by a light-duty
truck; and
Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal
use.
Naturally occurring or man-made accumulations of sand in
ridges or mounds landward of the beach.
For other than new construction or substantial improvements
under the Coastal Barrier Resources Act (P.L. No. 97-348), includes
substantial improvements and means the date the building permit was
issued, provided the actual start of construction, repair, reconstruction,
rehabilitation, addition, placement, or other improvement was within
180 days of the permit date. The actual start means either the first
placement of permanent construction of a structure on a site such
as the pouring of a slab or footings, the installation of piles, the
construction of columns, or any work beyond the stage of excavation,
or the placement of a manufactured home on a foundation.
Permanent construction does not include land preparation, such
as clearing, grading and filling, nor does it include the installation
of streets and/or walkways, nor does it include excavation for a basement,
footings or piers, or foundations or the erection of temporary forms,
nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units
or not part of the main structure. For a substantial improvement,
the actual start of construction means the first alteration of any
wall, ceiling, floor, or other structural part of a building, whether
or not that alteration affects the external dimensions of the building.
A walled and roofed building, a manufactured home, or a gas
or liquid storage tank that is principally above ground.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its condition before damage would
equal or exceed 50% of the market value of the structure before the
damage occurred.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals or exceeds 50% of the market
value of the structure before the start of construction of the improvement.
This term includes structures which have incurred substantial damage,
regardless of the actual repair work performed. The term does not,
however, include either:
Any project for improvement of a structure to correct existing
violations of state or local health, sanitary or safety code specifications
which have been identified by the local code enforcement officer and
which are the minimum necessary to assure safe living conditions;
or
Any alteration of an historic structure, provided that the alteration
will not preclude the structure's continued designation as an historic
structure.
A grant of relief from the requirements of this section that
permits construction in a manner that would otherwise be prohibited
by this section.
The failure of a structure or other development to be fully
compliant with this section. A new or substantially improved structure
or other development without the elevation certificate, other certifications,
or other evidence of compliance required in 44 CFR § 60.3(b)(5),
(c)(4), (c)(10), (e)(2), (e)(4), or (e)(5) is presumed to be in violation
until such time as that documentation is provided.
C.
General provisions.
(1)
Lands to which this section applies. This section shall apply to
all areas of special flood hazards within the jurisdiction of the
Township of Upper Deerfield, Cumberland County, New Jersey.
(2)
Basis for establishing the areas of special flood hazard.
(a)
The areas of special flood hazard for the Township of Upper
Deerfield, Community No. 340175, are identified and defined on the
following documents prepared by the Federal Emergency Management Agency:
[1]
A scientific and engineering report "Flood Insurance Study,
Cumberland County, New Jersey (All Jurisdictions)," dated June 16,
2016.
[2]
"Flood Insurance Rate Map for Cumberland County, New Jersey
(All Jurisdictions)" as shown on Index and panel(s) 34011C0020E, 34011C0040E,
34011C0045E, 34011C0135E, 34011C0153E, 34011C0154E, 34011C0155E, 34011C0160E,
34011C0162E and 34011C0170E, the effective date of which is June 16,
2016.
(b)
The above documents are hereby adopted and declared to be a
part of this section. The Flood Insurance Study, maps and advisory
documents are on file at 1325 Highway 77, Seabrook, New Jersey.
(3)
Penalties for noncompliance. No structure or land shall hereafter
be constructed, relocated to, extended, converted, or altered without
full compliance with the terms of this section and other applicable
regulations. Violation of the provisions of this section by failure
to comply with any of its requirements (including violations of conditions
and safeguards established in connection with conditions) shall constitute
a misdemeanor. Any person who violates this section or fails to comply
with any of its requirements shall upon conviction thereof be fined
not more than $500 or imprisoned for not more than 90 days, or both,
for each violation, and in addition shall pay all costs and expenses
involved in the case. Nothing herein contained shall prevent the Township
of Upper Deerfield from taking such other lawful action as is necessary
to prevent or remedy any violation.
(4)
Abrogation and greater restrictions. This section is not intended
to repeal, abrogate, or impair any existing easements, covenants,
or deed restrictions. However, where this section and another ordinance,
easement, covenant, or deed restriction conflict or overlap, whichever
imposes the more stringent restrictions shall prevail.
(6)
Warning and disclaimer of liability.
(a)
The degree of flood protection required by this section is considered
reasonable for regulatory purposes and is based on scientific and
engineering considerations. Larger floods can and will occur on rare
occasions. Flood heights may be increased by man-made or natural causes.
This section does not imply that land outside the area of special
flood hazards or uses permitted within such areas will be free from
flooding or flood damages.
(b)
This section shall not create liability on the part of the Township
of Upper Deerfield, any officer or employee thereof or the Federal
Insurance Administration for any flood damages that result from reliance
on this section or any administrative decision lawfully made thereunder.
D.
Administration.
(1)
Establishment of development permit. A development permit shall be obtained before construction or development begins, including placement of manufactured homes, within any area of special flood hazard established in Subsection C(2). Application for a development permit shall be made on forms furnished by the Township's program administrator and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:
(a)
Elevation, in relation to mean sea level, of the lowest floor
(including basement) of all structures;
(b)
Elevation in relation to mean sea level to which any structure
has been floodproofed;
(c)
Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in Subsection E(2)(b); and
(d)
Description of the extent to which any watercourse will be altered
or relocated as a result of proposed development.
(2)
Designation of the local administrator. The Township's program administrator
is hereby appointed to administer and implement this section by granting
or denying development permit applications in accordance with its
provisions.
(3)
Duties and responsibilities of the administrator. Duties of the Township's
program administrator shall include, but not be limited to:
(a)
Permit review:
[1]
Review all development permits to determine that the permit
requirements of this section have been satisfied.
[2]
Review all development permits to determine that all necessary
permits have been obtained from those federal, state or local governmental
agencies from which prior approval is required.
[3]
Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of Subsection E(3)(a) are met.
[4]
Review all development permits in the Coastal A Zone area of
the area of special flood hazard to determine if the proposed development
alters the terrain or sand dunes so as to increase potential flood
damage.
[5]
Review plans for walls to be used to enclose space below the base flood level in accordance with Subsection E(4)(b)[4].
(b)
Use of other base flood and floodway data. When base flood elevation and floodway data has not been provided in accordance with Subsection C(2), Basis for establishing the areas of special flood hazard, the Township's program administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer Subsections E(2)(a), Specific standards, residential construction, and E(2)(b), Specific standards, nonresidential construction.
(c)
Information to be obtained and maintained. The program administrator
shall:
[1]
Obtain and record the actual elevation (in relation to mean
sea level) of the lowest floor (including basement) of all new or
substantially improved structures, and whether or not the structure
contains a basement.
[3]
In Coastal A Zone areas, certification shall be obtained from a registered professional engineer or architect that the provisions of Subsection E(4)(b)[1] and [2][a] and [b] are met.
[4]
Maintain for public inspection all records pertaining to the
provisions of this section.
(d)
Alteration of watercourses. The program administrator shall:
[1]
Notify adjacent communities and the New Jersey Department of
Environmental Protection, Dam Safety and Flood Control Section and
the Land Use Regulation Program prior to any alteration or relocation
of a watercourse, and submit evidence of such notification to the
Federal Insurance Administration.
[2]
Require that maintenance is provided within the altered or relocated
portion of said watercourse so the flood-carrying capacity is not
diminished.
(e)
Substantial damage review. The program administrator shall:
[1]
After an event resulting in building damages, assess the damage
to structures due to flood and non-flood causes.
[2]
Record and maintain the flood and non-flood damage of substantial
damage structures and provide a letter of substantial damage determination
to the owner and the New Jersey Department of Environmental Protection,
Dam Safety and Flood Control Section.
(f)
Interpretation of FIRM boundaries. The program administrator shall make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Subsection D(4).
(4)
Variance procedure.
(a)
Appeal board.
[1]
The Planning Board as established by the Township Committee
shall hear and decide appeals and requests for variances from the
requirements of this section.
[2]
The Planning Board shall hear and decide appeals when it is
alleged there is an error in any requirement, decision, or determination
made by the Township's program administrator in the enforcement or
administration of this section.
[3]
Those aggrieved by the decision of the Planning Board, or any
taxpayer, may appeal such decision to the Superior Court, as provided
in statute.
[4]
In passing upon such applications, the Planning Board shall
consider all technical evaluations, all relevant factors, standards
specified in other sections of this section, and:
[a]
The danger that materials may be swept onto other
lands to the injury of others;
[b]
The danger to life and property due to flooding
or erosion damage;
[c]
The susceptibility of the proposed facility and
its contents to flood damage and the effect of such damage on the
individual owner;
[d]
The importance of the services provided by the
proposed facility to the community;
[e]
The necessity to the facility of a waterfront location,
where applicable;
[f]
The availability of alternative locations for the
proposed use which are not subject to flooding or erosion damage;
[g]
The compatibility of the proposed use with existing
and anticipated development;
[h]
The relationship of the proposed use to the comprehensive
plan and floodplain management program of that area;
[i]
The safety of access to the property in times of
flood for ordinary and emergency vehicles;
[j]
The expected heights, velocity, duration, rate
of rise, and sediment transport of the floodwaters and the effects
of wave action, if applicable, expected at the site; and
[k]
The costs of providing governmental services during
and after flood conditions, including maintenance and repair of public
utilities and facilities such as sewer, gas, electrical, and water
systems, and streets and bridges.
[5]
Upon consideration of the factors of Subsection D(4)(a)[4] and the purposes of this section, the Planning Board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this section.
[6]
The Township's program administrator shall maintain the records
of all appeal actions, including technical information, and report
any variances to the Federal Insurance Administration upon request.
(b)
Conditions for variances.
[1]
Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items [a] through [k] in Subsection D(4)(a)[4] have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.
[2]
Variances may be issued for the repair or rehabilitation of
historic structures upon a determination that the proposed repair
or rehabilitation will not preclude the structure's continued designation
as an historic structure and the variance is the minimum necessary
to preserve the historic character and design of the structure.
[3]
Variances shall not be issued within any designated floodway
if any increase in flood levels during the base flood discharge would
result.
[4]
Variances shall only be issued upon a determination that the
variance is the minimum necessary, considering the flood hazard, to
afford relief.
[5]
Variances shall only be issued upon:
[a]
A showing of good and sufficient cause;
[b]
A determination that failure to grant the variance
would result in exceptional hardship to the applicant; and
[c]
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in Subsection D(4)(a)[4], or conflict with existing local laws or ordinances.
[6]
Any applicant to whom a variance is granted shall be given written
notice that the structure will be permitted to be built with a lowest
floor elevation below the base flood elevation and that the cost of
flood insurance will be commensurate with the increased risk resulting
from the reduced lowest floor elevation.
E.
Provisions for flood hazard reduction.
(1)
General standards. In all areas of special flood hazards, compliance
with the applicable requirements of the Uniform Construction Code
(N.J.A.C. 5:23) and the following standards, whichever is more restrictive,
is required:
(a)
Anchoring.
[1]
All new construction to be placed or substantially improved
and substantial improvements shall be anchored to prevent flotation,
collapse, or lateral movement of the structure.
[2]
All manufactured homes to be placed or substantially improved
shall be anchored to resist flotation, collapse or lateral movement.
Methods of anchoring may include, but are not to be limited to, use
of over-the-top or frame ties to ground anchors. This requirement
is in addition to applicable state and local anchoring requirements
for resisting wind forces.
(b)
Construction materials and methods.
(c)
Utilities.
[1]
All new and replacement water supply systems shall be designed
to minimize or eliminate infiltration of floodwaters into the system;
[2]
New and replacement sanitary sewage systems shall be designed
to minimize or eliminate infiltration of floodwaters into the systems
and discharge from the systems into floodwaters;
[3]
On-site waste disposal systems shall be located to avoid impairment
to them or contamination from them during flooding; and
[4]
For all new construction and substantial improvements, the electrical,
heating, ventilation, plumbing and air-conditioning equipment and
other service facilities shall be designed and/or located so as to
prevent water from entering or accumulating within the components
during conditions of flooding.
(d)
Subdivision proposals.
[1]
All subdivision proposals and other proposed new development
shall be consistent with the need to minimize flood damage;
[2]
All subdivision proposals and other proposed new development
shall have public utilities and facilities such as sewer, gas, electrical,
and water systems located and constructed to minimize flood damage;
[3]
All subdivision proposals and other proposed new development
shall have adequate drainage provided to reduce exposure to flood
damage; and
[4]
Base flood elevation data shall be provided for subdivision
proposals and other proposed new development which contain at least
50 lots or five acres (whichever is less).
(e)
Enclosure openings. All new construction and substantial improvements
having fully enclosed areas below the lowest floor that are usable
solely for parking of vehicles, building access or storage in an area
other than a basement and which are subject to flooding shall be designed
to automatically equalize hydrostatic flood forces on exterior walls
by allowing for the entry and exit of floodwaters. Designs for meeting
this requirement must either be certified by a registered professional
engineer or architect or must meet or exceed the following minimum
criteria: A minimum of two openings in at least two exterior walls
of each enclosed area, having a total net area of not less than one
square inch for every square foot of enclosed area subject to flooding,
shall be provided. The bottom of all openings shall be no higher than
one foot above grade. Openings may be equipped with screens, louvers,
or other covering or devices, provided that they permit the automatic
entry and exit of floodwaters.
(2)
Specific standards. In all areas of special flood hazards where base flood elevation data have been provided as set forth in Subsection C(2), Basis for establishing the areas of special flood hazard, or in Subsection D(3)(b), Use of other base flood data, the following standards are required:
(a)
Residential construction.
[1]
For Coastal A Zone construction see section 5.4 Coastal A Zone.
[2]
New construction and substantial improvement of any residential
structure located in an A or AE zone shall have the lowest floor,
including basement together with the attendant utilities and sanitary
facilities, elevated at or above the base flood elevation plus one
foot or as required by ASCE/SEI 24-14, Table 2-1, whichever is more
restrictive;
[3]
Require within any AO or AH zone on the municipality's FIRM
that all new construction and substantial improvement of any residential
structure shall have the lowest floor, including basement together
with the attendant utilities and sanitary facilities, elevated above
the depth number specified in feet plus one foot, above the highest
adjacent grade (at least three feet if no depth number is specified).
And, require adequate drainage paths around structures on slopes to
guide floodwaters around and away from proposed structures.
(b)
Nonresidential construction. In an area of special flood hazard, all new construction and substantial improvement of any commercial, industrial or other nonresidential structure located in an A or AE Zone (for Coastal A Zone construction see Subsection E(4), Coastal A Zone) shall have the lowest floor, including basement, together with the attendant utilities and sanitary facilities, either:
[1]
Elevated to or above the base flood elevation plus one foot
or as required by ASCE/SEI 24-14, Table 2-1, whichever is more restrictive;
and
[2]
Require within any AO or AH Zone on the municipality's DFIRM
to elevate above the depth number specified in feet plus one foot,
above the highest adjacent grade (at least three feet if no depth
number is specified); and require adequate drainage paths around structures
on slopes to guide floodwaters around and away from proposed structures;
or
[3]
Be floodproofed so that below the base flood level plus one
foot or as required by ASCE/SEI 24-14, Table 6-1, whichever is more
restrictive, the structure is watertight with walls substantially
impermeable to the passage of water;
[4]
Have structural components capable of resisting hydrostatic
and hydrodynamic loads and effects of buoyancy; and
[5]
Be certified by a registered professional engineer or architect
that the design and methods of construction are in accordance with
accepted standards of practice for meeting the applicable provisions
of this subsection. Such certification shall be provided to the official
as set forth in Subsection D(3)(c)[2][b].
(c)
Manufactured homes.
[1]
Manufactured homes shall be anchored in accordance with Subsection E(1)(a)[2].
[2]
All manufactured homes to be placed or substantially improved
within an area of special flood hazard shall:
[a]
Be consistent with the need to minimize flood damage;
[b]
Be constructed to minimize flood damage;
[c]
Have adequate drainage provided to reduce exposure
to flood damage; and
[d]
Be elevated on a permanent foundation such that
the top of the lowest floor is at or above the base flood elevation
plus one foot or as required by ASCE/SEI 24-14, Table 2-1, whichever
is more restrictive.
(3)
Floodways. Located within areas of special flood hazard established in Subsection C(2) are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply:
(a)
Prohibit encroachments, including fill, new construction, substantial
improvements, and other development unless a technical evaluation
demonstrates that encroachment shall not result in any increase in
flood levels during the occurrence of the base flood discharge.
(c)
In all areas of special flood hazard in which base flood elevation
data has been provided and no floodway has been designated, the accumulative
effect of any proposed development, when combined with all other existing
and anticipated development, shall not increase the water surface
elevation of the base flood more than 0.2 of a foot at any point.
(4)
Coastal A Zone. Coastal A Zones are located within the areas of special flood hazard established in Subsection C(2). These areas may be subject to wave effects, velocity flows, erosion, scour, or a combination of these forces; therefore, the following provisions shall apply:
(b)
Construction methods.
[1]
Elevation. All new construction and substantial improvements
shall be elevated on piling or columns:
[a]
So that the bottom of the lowest horizontal structural
member of the lowest floor (excluding the piling or columns) is elevated
to or above the base flood elevation plus one foot, or as required
by ASCE/SEI 24-14, Table 4-1, whichever is more restrictive; and
[b]
With all space below the lowest floor's supporting member open so as not to impede the flow of water, except for breakaway walls as provided or in Subsection E(4)(b)[4].
[2]
Structural support.
[a]
All new construction and substantial improvements
shall be securely anchored on piling or columns.
[b]
The pile or column foundation and structure attached
thereto shall be anchored to resist flotation, collapse or lateral
movement due to the effects of wind and water loading values, each
of which shall have a one-percent chance of being equaled or exceeded
in any given year (one-hundred-year mean recurrence interval).
[c]
Prohibit the use of fill for structural support
of buildings within Coastal A Zones on the community's FIRM.
[3]
Certification. A registered professional engineer or architect shall develop or review the structural design specifications and plans for the construction and shall certify that the design and methods of construction to be used are in accordance with accepted standards of practice for compliance with the provisions of Subsection E(4)(b)[1] and [2][a] and [b].
[4]
Space below the lowest floor.
[a]
Any alteration, repair, reconstruction or improvement
to a structure started after the enactment of this section shall not
enclose the space below the lowest floor unless breakaway walls, open
wood lattice-work or insect screening are used as provided for in
this subsection.
[b]
Breakaway walls, open wood lattice-work or insect
screening shall be allowed below the base flood elevation, provided
that they are intended to collapse under wind and water loads without
causing collapse, displacement or other structural damage to the elevated
portion of the building or supporting foundation system. Breakaway
walls shall be designed for a safe loading resistance of not less
than 10 pounds per square foot and no more than 20 pounds per square
foot. Use of breakaway walls which exceed a design safe loading of
20 pounds per square foot (either by design or when so required by
local or state codes) may be permitted only if a registered professional
engineer or architect certifies that the designs proposed meet the
following conditions:
[i]
Breakaway wall collapse shall result from a water
load less than that which would occur during the base flood; and
[ii]
The elevated portion of the building and supporting
foundation system shall not be subject to collapse, displacement or
other structural damage due to the effects of wind and water load
acting simultaneously on all building components (structural and nonstructural).
Water loading values used shall be those associated with the base
flood. Wind loading values used shall be those required by applicable
state or local building standards.
[c]
If breakaway walls are utilized, such enclosed
space shall be used solely for parking of vehicles, building access,
or storage and not for human habitation.
[d]
Prior to construction, plans for any breakaway
wall must be submitted to the Construction Code Official or Building
Subcode Official for approval.
(c)
Sand dunes: prohibit man-made alteration of sand dunes within
Coastal A Zones on the community's DFIRM which would increase potential
flood damage.
[Amended 9-1-1988 by Ord. No. 316]
In residential and B-1 Districts, all dwelling units with direct
access to a public street or right-of-way, except apartment units,
may be used for the practice of a home occupation, subject to the
following:
A.
No home occupations shall require interior or exterior alterations
of the principal structure.
B.
Home occupations shall be limited to one per principal structure
and shall be operated by a resident(s) of the dwelling unit in which
it is located.
C.
No display of products shall be visible from the street, and the
sale of merchandise as the principal business shall be prohibited.
D.
No more than 20% of the principal residential structure nor more
than 300 square feet of an accessory structure shall be used or occupied
by the home occupation
E.
In the case of duplex, semidetached, townhouse or apartment dwelling
units, home occupations shall only be permitted as a conditional use
wherein the home occupation shall only be permitted to involve residents
of the unit involved, and no nonresident employees shall be permitted.
A.
Each building or site which, after the effective date of this chapter,
is erected, enlarged or altered for any of the following uses in any
district shall provide and satisfactorily maintain the minimum number
of off-street parking spaces set forth herein. Where a particular
building or site contains more than one of the following categories
of uses, the total parking requirement shall be the sum of the component
parts.
[Amended 6-4-1981 by Ord. No. 234; 9-1-1988 by Ord. No. 316; 1-19-1996 by Ord. No. 449; 7-7-2011 by Ord. No. 675]
(1)
Residential parking.
(a)
For residential developments, parking shall be provided as set
forth in Table 405-27.1 below. If the applicant does not specify the
number of bedrooms per unit, Note 3 for each category in Table 405-27.1
shall apply for the parking requirement.
(b)
Alternative parking standards to those shown in Table 405-27.1
shall be accepted if the applicant demonstrates these standards better
reflect local conditions. Factors affecting minimum number of parking
spaces include household characteristics, availability of mass transit,
urban versus suburban location, and available off-site parking resources.
(c)
Garage and driveway combinations shall be counted as follows:
[1]
Each garage car space shall be counted as 1.0 off-street parking
space regardless of the dimensions of the driveway.
[2]
A one-car garage and driveway combination shall count as 2.0
off-street parking spaces, provided the driveway measures a minimum
of 18 feet in length between the face of the garage door and the right-of-way.
[3]
A two-car garage and driveway combination shall count as 3.5
off-street parking spaces, provided a minimum parking width of 20
feet is provided for a minimum length of 18 feet as specified for
a one-car garage and driveway combination.
[4]
When housing is included in mixed-use development, a shared
parking approach to the provision of parking shall be permitted.
[5]
When, in the judgment of the local approving authority, on-street
parking is available, then only that proportion of the parking requirement
which is not available on the street shall be provided in off-street
parking facilities. A length of 23 feet per on-street parking space
shall be used in calculating the number of available on-street parking
spaces.
|
TABLE 405-27.1
Parking Requirements For Residential Land Uses1
| ||
|---|---|---|
|
Housing Unit Type/Size
|
Parking Requirement
| |
|
Single-family detached
| ||
|
2 bedroom
|
1.5
| |
|
3 bedroom
|
2.0
| |
|
4 bedroom2
|
2.52
| |
|
5 bedroom
|
3.0
| |
|
Two-family (duplex)
|
Single-family-detached values shall apply to each unit
| |
|
Garden apartment
| ||
|
1 bedroom
|
1.8
| |
|
2 bedroom
|
2.03
| |
|
3 Bedroom
|
2.1
| |
|
Townhouse
| ||
|
1 bedroom
|
1.8
| |
|
2 bedroom
|
2.33
| |
|
3 bedroom
|
2.4
| |
|
High-rise
| ||
|
1 bedroom
|
0.8
| |
|
2 bedroom
|
1.33
| |
|
3 bedroom
|
1.9
| |
|
Mobile home
| ||
|
1 bedroom
|
1.8
| |
|
2 bedroom
|
2.03
| |
|
Retirement community
|
Values shall be commensurate with the most appropriate housing
unit type and size noted above that the retirement community resembles.
| |
|
Recreational homes (owner-occupied)
|
Values shall be commensurate with the most appropriate housing
unit type and size noted above that the recreational homes (owner-occupied)
resemble.
| |
|
Mid-rise apartment
|
Garden-apartment values shall apply.
| |
|
Assisted-living
|
0.50
| |
|
NOTES:
|
|---|
|
1 When determination of the required
number of parking spaces results in a fractional space for the entire
development, any fraction of 1/2 or less may be disregarded, while
a fraction in excess of 1/2 shall be counted as one parking space.
|
|
2 Requirements for attached units
(apartment/condominium/townhouse) include provisions for guest parking
(0.5 spaces per dwelling unit). Guest parking must either be provided
for on street or in common parking areas.
|
|
3 If the applicant does not specify
the number of bedrooms per unit, this parking requirement shall apply.
|
(2)
Day-care center: four parking spaces for each 1,000 square feet of
gross floor area.
(3)
Day-care center, adult: one parking space for each 10 adult clients,
or fraction thereof, or one space for each staff member, whichever
results in the greater number of spaces.
(4)
Rooming houses, guesthouses or boardinghouses, dormitories, sororities,
fraternities and other similar places providing living accommodation:
one off-street parking space for each three beds, plus one parking
space for the resident owner or manager and each employee.
(5)
Place of religious worship: one off-street parking space for each
four seats provided for patron use or at least one off-street parking
space for each 50 square feet of gross floor area used or intended
to be used for service to patrons, guests or members, whichever requires
the greater number of off-street parking spaces, plus one additional
space for each full-time employee.
(6)
Religious, sectarian and nonsectarian, denominational, private school
or public school not conducted as a private gainful business, kindergarten
and elementary school: one off-street parking space for each faculty
member and employee, plus one space per two classrooms and offices.
(7)
Junior high school: one off-street parking space for each faculty
member and employee, plus one space per two classrooms and offices.
(8)
Senior high school: one off-street parking space per faculty member
and employee, plus one space per 10 students of projected building
capacity.
(9)
College and junior college: one off-street parking space per faculty
member and employee, plus one space for each 10 classroom seats or
one off-street parking space for each 10 auditorium seats, whichever
formula will require the larger number of parking spaces.
(10)
Library or museum not conducted as a private gainful business:
one space per five seats or one space per 250 square feet of gross
floor area where no seats are provided.
(11)
Recreation facilities: one off-street parking space for each
five persons of total permitted capacity. In the case of campgrounds,
one space per campsite, plus visitor parking as provided for recreational
facilities and one parking space for each employee.
(12)
Golf course: four spaces per hole plus one space for every 2.5
seats in a restaurant.
(13)
Private club or lodge not operated as a private gainful business:
one off-street parking space for every five members of total capacity
or at least one off-street area used or intended to be used for service
to customers, patrons, clients, guests or members, whichever requires
the greater number of off-street parking spaces, plus one additional
space for each full-time employee.
(14)
Hospital or nursing home: one off-street parking space for each
three patient or inmate beds, plus at least one additional off-street
parking space for each staff and visiting doctor, plus one additional
off-street parking space for each employee, including nurses, on the
two major shifts.
(15)
Medical, dental or veterinary office: five off-street parking
for each 1,000 square feet or fraction thereof of gross floor area.
(16)
Medical lab and research facility: four parking spaces for each
1,000 square feet or fraction thereof of gross floor area.
(17)
Banks, business, professional other than medical or governmental
offices: four off-street parking spaces for each 1,000 square feet
or fraction thereof of gross floor area.
(18)
Government offices: one space for each vehicle assigned to the
building plus one space for every three seats in any general meeting
rooms, auditoriums and courtrooms.
(19)
Auto sales, farm equipment and supplies: one space for every
325 square feet of gross floor area plus one space for each employee.
(20)
Personal services: four off-street parking spaces for each 1,000
square feet or fraction thereof of gross floor area.
(21)
Restaurant: 10 off-street parking spaces for each 1,000 square
feet or fraction thereof of gross floor area.
(22)
Restaurant, Take-out: 12 parking spaces for each 1,000 square
feet or fraction thereof of gross floor area.
(23)
Repair shop for such goods as appliances, watches, bicycles
and locks: 4.5 off-street parking spaces for each 1,000 square feet
or fraction thereof of gross floor area.
(24)
Mortuary or funeral home: one off-street parking space for each
four seating accommodations or at least one off-street parking space
for each 50 square feet of gross floor area used or intended to be
used in the operation of the establishment, whichever requires the
greater number of off-street parking spaces, plus one additional space
for each full-time employee.
(25)
Motel or hotel: one off-street parking space for each rental room or suite, plus one additional space for each two employees. Where there is a meeting or conference room or rooms, there shall also be provided one off-street parking space for each four persons of the total maximum safe occupancy of the meeting room(s). If other uses are incorporated into or a part of any motel or hotel, additional spaces shall be provided in accordance with this Subsection A.
(26)
Public entertainment facilities: one off-street parking space
for each four seating accommodations provided or at least one off-street
parking space for each 50 square feet of gross floor area used or
intended to be used for service to customers, patrons, clients, guests
or members, whichever requires the greater number of off-street parking
spaces, plus one additional space for every two full-time employees.
(27)
Gasoline service station: one off-street parking space for every
four, or fraction thereof, fueling stations. Said off-street parking
spaces are not to be part of nor interfere with the accessways to
the pumps.
(28)
Gasoline service station with auto repair service: one parking
space for every four fueling stations, or fraction thereof, plus one
space for each service bay.
(29)
Gasoline service station with convenience store: five parking
spaces for each 1,000 square feet or fraction thereof of gross floor
area, plus one space for each four fueling stations.
(30)
Automotive sales or rental and/or repair: one off-street parking
space for each 300 square feet of gross floor area, plus one additional
space for each full-time employee.
(31)
Car wash, automatic operation: one parking space for every two
employees, three stacking spaces, and two drying spaces.
(32)
Car wash, self-service: three stacking spaces and two drying
spaces for each wash bay.
(33)
Industrial uses: three off-street parking spaces for every five
employees on the largest shift, plus one space for each company vehicle
normally stored on the premises.
(34)
Home occupation: three off-street parking spaces in addition
to spaces otherwise required. The Planning Board shall require additional
off-street parking spaces when, in its opinion, the proposed use necessitates
additional spaces. In determining the number of additional spaces,
the Board shall be guided by the provisions of this section.
(35)
Retail and service stores, except when otherwise specifically
covered herein: 4.5 parking spaces for every 1,000 square feet or
fraction thereof of gross floor area.
(36)
Stores for the retail sale of furniture, appliances or hardware:
two parking spaces for every 1,000 square feet or fraction thereof
of gross floor area.
(37)
Supermarkets and self-service food stores: 5.5 parking spaces
for every 1,000 square feet or fraction thereof of gross floor area.
(38)
Shopping centers: 5.0 spaces per every 1,000 square feet of
gross leasable area, in addition to any area required for vehicle
and pedestrian passageways. Additional area may be required for landscaping
and buffering. Specific requirements for individual uses listed elsewhere
will be waived when such uses are an integral part of a planned shopping
center.
[Amended 2-15-2018 by Ord. No. 769]
(39)
Sanatoriums or convalescent homes: one off-street parking space
for each six patient beds, plus one additional space for each staff
or visiting doctor, plus one additional space for each four employees,
including nurses.
(40)
Flea markets and outdoor auctions or sales: three off-street
parking spaces for each table or booth in a flea market, plus one
additional space for any employees of market operation. For auctions
and sales: one off-street parking space for every 150 square feet
of gross floor or ground area utilized in the sale, plus one additional
space for any employees of the auction or sale organization.
(41)
Roadside stands: three parking spaces for every 100 square feet
of display area.
(42)
Commercial communication facility: one parking space for each
employee.
(43)
Wholesale business: one parking space for each 1,000 square
feet or fraction thereof of gross floor area.
(44)
Warehouse: 0.5 parking space for each 1,000 square feet or fraction
thereof of gross floor area.
(45)
Theatre, auditorium, arena: one parking space for each 2.5 seats
of design capacity.
(46)
Indoor commercial recreation, fitness center: five parking spaces
for each 1,000 square feet or fraction thereof of gross floor area
(47)
Other uses: to be determined by the Planning Board based upon
the requirements contained herein for similar uses and the factors
generating parking need, such as number of patrons, floor area, seating
capacity or availability of other means of public transportation.
When determining the number of parking spaces required to be provided
for the proposed combination or mixture of uses, the number of spaces
required shall be determined by calculating the number of spaces required
as per this section for each use, individual use involved in said
combination, or mixture of uses and then adding all such calculations
together.
B.
General regulations applying to required off-street parking facilities.
(1)
Structures and uses in existence at the date of adoption of this
chapter shall not be subject to the requirements of this section so
long as the kind or extent of use is not changed, provided that any
parking facility now serving such structures or uses shall not in
the future be reduced below such requirements.
(2)
Whenever there is an alteration of a structure or a change or extension
of a use which increases the parking requirements according to the
standards for this chapter, the total additional parking required
for the alteration, change or extension shall be provided in accordance
with the requirements of this section.
(3)
No parking area shall be used for any use that interferes with its
availability for the parking need it is required to serve.
(4)
All required parking facilities shall be provided and maintained
so long as the use exists which the facilities were designed to serve.
Off-street parking facilities shall not be reduced in total extent
after their provision except upon the approval of the Planning Board
and then only after proof that, by reason of diminution in floor area,
seating area, the number of employees or change in other factors controlling
the regulation of the number of parking spaces, such reduction is
in conformity with the requirements of this section. Reasonable precautions
shall be taken by the owner or sponsor of particular uses to assure
the availability of required facilities to the employees or other
persons the facilities are designed to serve. Such facilities shall
be designed and used in such a manner as to at no time constitute
a nuisance or a hazard or unreasonable impediment to traffic.
(5)
Where the computation of required parking space results in a fractional
number, any fraction of the next highest number shall be counted as
one.
(6)
In computing the required number of parking spaces as set forth in Subsection A above, required handicapped parking spaces may not be used in the computation.
[Added 1-19-1996 by Ord. No. 449]
(7)
Where a site is proposed to include or have more than one land use
or activity, required parking spaces shall be computed based on each
use or activity proposed.
[Added 1-19-1996 by Ord. No. 449]
C.
The parking spaces required herein may be located elsewhere than
on the same lot as the use they serve when authorized as a conditional
use, subject to the following conditions:
(1)
That the owner or owners of two or more establishments shall submit
with their application for conditional use a site plan showing joint
use and location of a common off-street parking area.
(2)
That some portion of the common off-street parking area lies within
200 feet of an entrance regularly used by patrons into the building
served thereby.
(3)
That the Planning Board may, in its discretion, reduce the required
aggregate amount of required parking space upon determination that
the greater efficiency is effected by joint use of a common parking
area, but in no case shall the ratio of total off-street parking area
to total sales floor area be reduced to less than 25%.
(4)
That said parking area is not to be located across the street, roadway
or thoroughfare where a pedestrian crossing, such as an overpass or
traffic signal, is not provided for persons utilizing said parking
area.
D.
A private garage constructed as an accessory use in a residence district
shall be subject to the following special provisions in regard to
its location:
[Amended 2-15-2018 by Ord. No. 769]
(1)
The garage shall conform to the setback requirements contained in
the Schedule of District Regulations for the district within which
it is located.[1]
[1]
Editor's Note: The Schedule of District Regulations is included as an attachment to this chapter.
E.
A commercial parking lot shall be subject to the following provisions:
(1)
No commercial parking lot shall hereafter be erected or placed within
100 feet of any residential district.
(2)
No commercial parking lot shall have an entrance or exit connected
with a public street at a point closer than 200 feet, measured along
the same street line in the same block, to any single-family detached,
semidetached or attached residence, church, library, charitable institution,
school, college, nursing home or hospital and similar uses or any
entrance or exit thereto.
F.
Parking garages, public or private, may be constructed as part of
a structure or as a separate structure. No garage shall be built lower
than two levels ("levels" being defined as underground stories) below
ground level. Appropriate barriers shall be constructed so as to prevent
glare or noise from automobiles making a nuisance for adjoining properties
or uses.
[Added 9-1-1988 by Ord. No. 316]
G.
Within residence districts and as a conditional use, the Planning
Board may permit, where deemed in the best interest of the community
and conditions warrant, either temporarily or permanently, the use
of land for a parking lot where the land abuts or is across the street
from a district other than a residence district, provided that at
least 50% of the persons to be served by said parking lot live within
200 feet of the land to be used as a parking lot. Such use of land
shall be conditionally permitted when:
[Added 9-1-1988 by Ord. No. 316]
(1)
The lot is to be used only for the parking of passenger automobiles
of employees, customers or guests of the person, firm or organization
controlling and operating the lot, who shall be responsible for its
maintenance.
(2)
No charge is to be made for parking in the lot unless such a fee
is charged in connection with a condominium ownership of the lot by
a group of homeowners, tenants or residents.
(3)
The lot is not to be used for sales, repair work or servicing of
any kind, including the washing of cars.
(4)
Entrances to and exits from the lot are to be located so as to do the least harm to the residence district. Such lots are not to be considered commercial lots as referred to in Subsection E herein.
(5)
No advertising sign or material is to be located on the lot.
(6)
All parking is to be kept back of the setback building line by a
barrier unless otherwise specifically authorized by the Planning Board.
(7)
The parking lot and that portion of the driveway back of the building
line is to be adequately screened from the street and from adjoining
property in a residence district by a hedge not less than five feet
wide or appropriate fencing or wall not more than five feet high and
also located behind the setback building line. All lighting is to
be arranged so that there will be no glare therefrom annoying to the
occupants of adjoining properties in a residence district.
(8)
Where appropriate and deemed necessary, the Planning Board may impose
such other reasonable conditions as will assure the least harm or
disruption of the residence district where such a parking lot is proposed.[2]
[2]
Editor's Note: Former Subsection H, regarding commercial vehicles
and vehicles weighing more than 8,000 pounds, added 9-1-1988 by Ord.
No. 316, which immediately followed this subsection, was deleted 1-19-1996
by Ord. No. 449.
H.
Travel trailers, including mobile homes used for recreational purposes,
may be stored on the property of their owner and shall be considered
as an accessory use and subject to the standards set forth in the
Schedule of District Regulations[3] for an accessory use in the district in which said travel
trailer or recreational vehicle is to be stored. No travel trailer,
recreational mobile home or recreational vehicle shall be occupied
or used as a dwelling place or for the conduct of any business. There
shall be no hookup of a travel trailer, recreational mobile home or
recreational vehicle to any utility line or facility. The storage
of such vehicles shall not be in any front yard area.
[Added 9-1-1988 by Ord. No. 316]
[3]
Editor's Note: The Schedule of District Regulations is included at the end of this chapter.
J.
Supplemental standards.
[Added 7-7-2011 by Ord. No. 675]
(1)
Motorcycle parking. Any site which has 500 or more parking spaces
shall provide, for the first 500 spaces and one for each 250 spaces
thereafter, a seventeen-foot-by-eighteen-foot motorcycle parking area,
bordered by bumper guards or a concrete curb to preclude automobile
access to such area. Motorcycle spaces are to be clearly designated
and located near the main entrance of the primary structures on site.
(2)
Warehouses and wholesale uses. Office space exceeding 30% of the
gross floor area of the warehouse or wholesale use must meet the off-street
parking requirements for office use.
(3)
Day-care facilities. Day-care facilities providing care or instruction
to 10 or more individuals at any one time shall provide a passenger
loading/unloading zone.
(4)
Parking during construction. Temporary off-street parking shall be
provided for workers during construction at a rate of one space per
each two employees. Temporary gravel surfacing may be permitted for
the temporary parking area. Temporary parking areas must be abandoned
and returned to their original state or improved in accordance with
an approved site plan prior to the issuance of a certificate of occupancy.
(5)
Shared parking. The amount of off-street parking required by this
section may be reduced by an amount determined by the Planning Board
when shared parking facilities for two or more uses are proposed,
provided:
(a)
The parking facilities are designed and developed as a single
on-site common parking facility, or as a system of on-site and off-site
facilities, if all facilities are connected with improved pedestrian
facilities and no building or use involved is more than 800 feet walking
distance from the most remote shared facility.
(b)
The amount of the reduction shall not exceed 25% for each use,
unless:
[1]
The normal hours of operation for each use are separated by
at least one hour; or
[2]
A parking-demand study is prepared by a professional traffic
engineer and submitted by the applicant documenting that the hours
of actual parking demand for the proposed uses will not conflict and
those uses will be served by adequate parking if shared parking reductions
are authorized;
[3]
The Planning Board will determine the amount of reduction, provided
the total number of parking spaces in the common parking facility
is not less than the minimum required spaces for any single use.
(c)
A covenant or other contract for shared parking between the
cooperating property owners is approved by the Township. This covenant
or contract must be recorded with the Cumberland County Clerk as a
deed restriction on both properties and cannot be modified or revoked
without the consent of the Township; and
(d)
If any requirements for shared parking are violated, the affected
property owners must provide a remedy satisfactory to the Planning
Board or provide the full amount of required off-street parking for
each use, in accordance with the requirements of this section, unless
a satisfactory alternative remedy is approved by the Planning Board.
(6)
Planter overhangs. When a parking space abuts a landscape island
or planter, the front two feet of the parking space may overhang the
planter, provided that wheel stops or curbing is provided as illustrated
below.
Planter.tif.png) |
(7)
Drive-through stacking lanes.
(a)
Purpose. Supplemental standards are provided for uses with drive-through
facilities to ensure protection from potential traffic hazards. These
standards are applied in addition to all other applicable standards
of this Code.
(b)
Standards. The provisions of this section shall apply to all
drive-through service facilities.
(c)
Number of stacking lanes.
[1]
Any commercial activity such as a bank, pharmacy, car wash,
photo pickup, retail, or other similar use providing services accessible
to persons who remain in their automobiles shall provide a stacking
lane designed to accommodate not less than four vehicles at each service
location.
[2]
Drive-through service windows at restaurants shall provide a
stacking lane designed to accommodate a minimum of six vehicles at
each service window. Each vehicle space shall be a minimum 10 feet
by 20 feet in size.
(d)
Setbacks and landscaping. Drive-through facilities must provide
the setbacks and landscaping stated below:
[1]
The minimum distance from any drive-through facility to any residential area shall be 40 feet. This distance is measured at the narrowest point between the property line of the residential property and either the main building, an off-street parking area, or stacking lanes, whichever is closer. The setback must be landscaped in accordance with § 405-62A of the Township Code.
(e)
Bypass lane. A bypass lane shall be provided. The minimum width
shall be 10 feet.
(f)
Stacking lane design.
[1]
Each stacking lane shall be separated from the circulation routes
necessary for ingress or egress from the property, or access to any
parking space.
[2]
Access to stacking lanes shall not be allowed directly from
a driveway, from a public street or from adjoining lots.
[3]
The stacking lane shall be designed to accommodate at least
the minimum stacking required for each use.
[4]
Stacking lanes for drive-through stations shall not cross or
pass through off-street parking areas or pedestrian accessways.
[6]
Stacking lanes for drive-through facilities shall not be located
in the required front or corner side yard.
(g)
Requirements for existing drive-through uses. When existing
drive-through uses apply for occupancy permits, modification of existing
use permits, or site plan approval, they will be required to meet
as many of the supplemental standards as reasonably possible as determined
by good planning and engineering practice within the limits of the
existing site layout and structural location.
(8)
Handicapped-accessible parking.
(a)
Number of spaces. A portion of the required off-street parking
spaces required for any use by this chapter shall be designed for
physically handicapped persons in accordance with state law and the
following standards:
|
Table 405-27.2 Handicapped Parking Requirements
| ||
|---|---|---|
|
Total Number of Parking Spaces
|
Number of Spaces for Handicapped Persons
| |
|
1 to 25
|
1
| |
|
26 to 50
|
2
| |
|
51 to 75
|
3
| |
|
76 to 100
|
4
| |
|
101 to 150
|
5
| |
|
151 to 200
|
6
| |
|
201 to 300
|
7
| |
|
301 to 400
|
8
| |
|
401 to 500
|
9
| |
|
501 to 1,000
|
2% of total
| |
|
Over 1,000
|
20 plus 1 for each 100 spaces over 1,000
| |
(b)
Design, designation, and location. Handicapped persons' parking
spaces shall, at a minimum, comply with the requirements of the New
Jersey Barrier Free Subcode and the Americans with Disabilities Act
Accessibility Guidelines, and shall be considered part of the total
number of required spaces.
(9)
Compact car allowance.
(a)
A maximum of 30% of the total required off-street parking stalls
may be permitted and designated for compact cars in commercial and
retail areas. For industrial uses, compact stalls shall not exceed
30% of the total off-street parking requirement.
(b)
Each compact stall shall be designated as such.
(c)
Dimensions of compact parking stalls shall be a minimum of 7.5
feet wide, and a minimum of 14.5 feet and a maximum of 18.0 feet in
length;
(d)
The maximum compact car allowance may be exceeded if an applicant
submits a vehicle composition study, relevant to the type of development,
which demonstrates that a greater number of compact vehicles should
be accommodated.
(10)
Bicycle parking.
(a)
Applicability.
[1]
For all commercial, office, industrial, mixed-use and multifamily residential development activity involving new construction, bicycle parking shall be provided, as required in Table 405-27.3 of this Subsection J.
[2]
For all development activity involving improved property, bicycle
parking shall be required when the floor area of any building or structure,
or parking areas, or any combination thereof, is increased as follows:
[a]
If the total of the existing such area(s) is increased
10% or less, no bicycle parking is required.
(b)
General Requirements for bicycle facilities.
[1]
In any development required to provide 10 or more parking spaces,
bicycle parking shall be provided.
[2]
For each bicycle parking space required, a stationary rack shall
be provided which can accommodate bicyclists' locks securing the frame
and wheels, or a lockable enclosure in which the bicycle is stored.
[3]
Bicycle parking shall have direct access to both the public
right-of-way and to the main entrance of the principal use.
[4]
For facilities with multiple buildings, building entrances or
parking lots, bicycle parking shall be located in areas of greatest
use and convenience to bicyclists.
[5]
Bicycle parking facilities shall be separated from motor vehicle
parking and maneuvering areas by a barrier or sufficient distance
to prevent damage to the parked bicycles.
[6]
If any motor vehicle parking is covered, required bicycle parking
must also be covered.
[7]
Each required bicycle parking space shall be at least two feet
wide and six feet long and, when covered, provide a vertical clearance
of seven feet. An access aisle of at least five feet wide shall be
provided and maintained beside or between each row of bicycle parking.
Vertical clearance may be four feet in an enclosed bicycle locker.
[8]
Each required bicycle parking space must be accessible without
moving another bicycle.
[9]
All bicycle racks, lockers, or other facilities shall be securely
anchored to the ground or to a structure and must hold bicycles securely
by means of the frame. The frame must be supported so that the bicycle
cannot be pushed or fall to one side in a manner that will damage
the wheels.
[10]
Lighting shall be provided in a bicycle parking
area so that all facilities are thoroughly illuminated and visible
from adjacent sidewalks or motor vehicle parking lots during all hours
of use. Bicycle parking shall be at least as well-lit as motor vehicle
parking.
[11]
Areas set aside for required bicycle parking must
be clearly marked and reserved for bicycle parking only.
[12]
Where bicycle parking facilities are not directly
visible and obvious from the public right(s)-of-way, entry and directional
signs shall be provided to direct bicyclists from the public right-of-way
to the bicycle parking facility. Directions to employee parking facilities
may be signed or supplied by the employer as appropriate.
[13]
Outdoor bicycle parking facilities shall be surfaced
in the same manner as the automobile parking area or with a suitable
surface (i.e., asphalt, concrete, pavers, or similar material) maintained
in a smooth, durable, and well-drained condition.
[14]
Bicycle parking may be provided within the public
right-of-way in zoning districts where no front setback is required,
subject to approval of the Planning Board.
(c)
Bicycle parking spaces.
[1]
The required minimum number of bicycle parking spaces for each
use category is shown on Table 405-27.3.
[2]
Bicycle parking shall be located on-site within 50 feet of well-used
entrances and not farther from the entrance than the closest motor
vehicle parking space.
[3]
Bicycle parking for multiple uses, such as a commercial center,
may be clustered in one or several locations but must meet all other
requirements for bicycle parking.
[4]
For buildings with multiple entrances, required bicycle parking
shall be distributed proportionally at the various public entrances,
while employee parking shall be located at the employee entrance,
if applicable.
|
Recommended Bicycle Parking Layout
|
|---|
(c)Bicycle.tif.png) |
(d)
Shared bicycle parking facilities.
[1]
Bicycle rack facilities for separate uses may be provided collectively
if the total number of spaces so provided is not less than the sum
of the separate requirements governing the number of spaces required
in relation to the use served.
[2]
Such facilities shall be located on one of the lots on which
a use served is located or on a lot abutting and contiguous to one
of the lots on which a use served is located; provided, that such
facilities are also located not more than 300 feet walking distance
from all of the buildings, structures, or uses of land which such
bicycle rack facilities are intended to serve.
(e)
Schedule of off-street bicycle parking requirements.
[1]
Bicycle parking requirements do not reduce the vehicle parking requirements set forth in § 405-27A of this chapter, but provide bicycle parking in addition to vehicle parking.
[2]
All references to vehicle parking requirements refer to the parking requirements set forth in § 405-27A of this chapter.
[3]
Number of bicycle parking spaces.
[a]
For residential uses with seven dwelling units,
one unit of bicycle parking shall be provided. For residential uses
with more than seven dwelling units, bicycle parking shall be provided
at a ratio of one bicycle parking space for every three additional
residential units. Any fraction of 1/2 or greater shall require one
additional bicycle parking space.
[b]
For all other uses, bicycle parking shall be provided
in proportion to the number of off-street vehicle parking spaces required
by this section, according to the following table:
|
Table 405-27.3 Bicycle Parking Requirements
| |
|---|---|
|
Motor Vehicle Parking Spaces Required*
(includes existing and new)
|
Amount of Bicycle Parking Required*
|
|
From 1 to 3
|
0
|
|
From 4 to 14
|
1
|
|
From 15 to 200
|
1 for every 10 parking spaces
|
|
201 and above
|
20 plus 1 for every 20 parking spaces above 200
|
|
*Any fraction of 1/2 or greater shall require one additional
parking space.
|
[Amended 9-1-1988 by Ord.
No. 316; 2-15-2018 by Ord. No. 769]
Off-street loading and maneuvering space shall be provided for
the loading and unloading of vehicles on the lot on which is located
the use for which the loading space is required as set forth herein:
A.
A minimum of one space per nonresidential use shall be provided,
except that, where more than one use shall be located in one building
or where multiple uses are designed as part of a self-contained complex,
the number of loading spaces shall be based on the cumulative number
of square feet within the building or complex and shall be dispersed
throughout the site to best serve the individual uses.
B.
The minimum number of loading spaces required for any use serviced
regularly by trucks shall be in accordance with the following schedule:
|
Gross Floor Area
(square feet)
|
Minimum Number of Loading Docks
|
|
Up to 19,999
|
1
|
|
20,000 to 39,999
|
2
|
|
40,000 to 100,000
|
3
|
|
For each additional 40,000 square feet over 100,000 square feet
|
1
|
C.
Where any use is located on a tract of at least 50 acres and no portion
of a loading area, including maneuvering areas, is closer than 200
feet to any property line and where the length of the driveway connecting
the loading area to the street is at least 300 feet, the number of
off-street loading spaces may be fewer than the number required by
the above schedule, provided that the applicant, as part of the site
plan application, shall indicate on the site plan and shall document
to the approving authority that the number of spaces to be provided
will be adequate to meet the needs of the specific use proposed.
D.
The conformance for any use requiring loading facilities shall remain
valid so long as such facilities are provided and maintained in accordance
with the following requirements:
(1)
They shall be provided and maintained so long as the use exists which
the facilities are designed to serve; and
(2)
Reasonable precautions shall be taken by the owner or sponsor of
particular uses to assure the availability of required facilities
to the delivery and pickup vehicles that they are designed to serve.
E.
Access to a loading space shall be provided directly from a public
street or alley or from any right-of-way that will not interfere with
public convenience and that will permit orderly and safe movement
of trucks or delivery vehicles.
F.
Loading space(s) as required under this section shall be provided
as area in addition to off-street parking space and shall not be considered
as supplying off-street parking.
G.
Off-street loading and unloading areas shall be surfaced with a dustless,
durable, all-weather pavement, which shall be adequately drained,
all subject to the approval of the Township Engineer.
H.
Any use which can reasonably be expected to have a number of trucks
making deliveries or pickups on a daily basis which may require delays
in order to make such deliveries or pickups shall, in addition to
any required loading space, provide truck waiting or standing area
in order to avoid undue or unsafe interference with the public use
of streets or alleys.
[Amended 9-1-1988 by Ord. No. 316]
Outdoor storage of any type shall not be permitted unless such storage is normally incidental to the permitted use or structure and part of the normal operations conducted on the premises. All outdoor storage shall be subject to the requirements of the prevailing zoning district, including setbacks, area and coverage requirements, and shall be screened as provided for in § 405-62A(4) from any property used or zoned for residential purposes or whenever required by an approving authority in order to eliminate or reduce an adverse effect or impairment of visual or aesthetic scenes. No front yard area shall be used for open storage of boats, vehicles or any other equipment or material except for parking of properly registered automobiles on driveways in residential districts.
[Added 8-2-1990 by Ord. No. 360]
A.
The right to farm all land is ordained to be a permitted use which
can be pursued on any of the land in the Township of Upper Deerfield
which land is considered a "farm," as defined in this chapter, subject
only to the restrictions and regulations for intensive fowl and swine
farms and the keeping of animals and subject to local health laws
and regulations. The right to farm as applied in this section includes
the following:
(1)
Use of irrigation pumps.
(2)
Aerial and ground seeding and spraying of land and crops.
(3)
Application of fertilizers, pesticides and herbicides.
(4)
Use of tractors and other power-driven wheeled and tracked vehicles.
(5)
Use of farm laborers (local and transient).
(6)
The grazing of livestock.
B.
All the foregoing activities are permitted for the purpose of producing,
from the land, agriculture products such as vegetables, grains, hay,
fruit, fibers, wood, shrubs, flowers and seeds and for raising livestock.
Farming activities shall be conducted in accordance with generally
accepted agricultural practices and may occur at any time, including
Sundays and holidays. These activities also may occur at any hour
of the day or night. The noises, odors and fumes which are reasonable
and necessary to farming are included as inherent parts of the right
to farm.
C.
It is expressly found that whatever nuisance may be caused to others
by such uses and activities so conducted is more than offset by the
benefits from farming to the neighborhood and community and to society
in general, by the preservation of open space, the beauty of the countryside
and clean air, and by the preservation and continuance of farming
operations in Upper Deerfield Township and in New Jersey as a source
of agricultural products for this and future generations.
D.
The approving authority shall require developers of major subdivisions to provide perspective purchasers of lots within the subdivision with written notice that Upper Deerfield Township has a Right to Farm Ordinance, which notice shall include a copy of this § 405-30.[1] The developer shall provide the Zoning Officer with proof
that said notice was provided as a condition to the issuance of an
initial (new construction) certificate of occupancy.
[Amended 9-1-1988 by Ord. No. 316]
No sign shall be erected, reerected, constructed, altered, placed
or maintained except as provided for in this chapter. No sign of any
type shall be permitted to obstruct driver vision, traffic signals,
traffic directional and identification signs, other places of business,
signs or windows of buildings on which they are located, or fire escapes,
doors and ventilation openings or other essential or required facilities
or equipment. No sign shall be attached to trees, fence posts, stumps,
utility poles, bridges, culverts or other signs. All signs shall be
freestanding or attached to buildings in an approved manner. Signs
shall be permitted in accordance with the following standards and
requirements:
A.
In all zoning districts, the following signs shall be permitted without
obtaining a zoning permit:
(1)
All signs and signals owned and operated by the Township of Upper
Deerfield, the County of Cumberland, the State of New Jersey or the
United States of America not exceeding two square feet in area.
(2)
Identification signs for public and quasi-public facilities, such
as schools, churches, hospitals or libraries, not exceeding two square
feet in area.
(3)
Memorial or historical markers or tablets, not exceeding four square
feet in area.
(4)
Customary on-site real estate signs temporarily advertising the sale,
rental or lease of the premises or portions thereof and professional
office or home occupation nameplates. No such sign shall exceed six
square feet in area, nor shall there be more than one such sign for
each 200 feet or part thereof of road frontage contained on the property
on which such sign is to be located. Such signs shall be removed at
the expense of the advertiser within 15 days after the termination
or completion of the matter or business advertised.
(5)
Street number designations, postal boxes, on-site directional and
parking signs, warning signs and signs posting property as "Private
Property," "No Hunting," "No Trespassing" or similar signs which do
not exceed two square feet in area.
(6)
Daily or diurnal signs.
[Added 8-5-2010 by Ord. No. 657]
(a)
Daily or diurnal signs not exceeding six square feet in area
shall be permitted to be displayed on the property of any business
owner advertising or displaying to the public information on a daily
basis pertaining to and relating to business conducted on the premises,
such as whether a sale is ongoing, business hours, whether the business
is open or closed, and similar such purposes; provided, however, that
such signs shall not be permanently placed, shall be placed on the
business premises not earlier than dawn and shall be removed on a
daily basis not later than dusk; and provided, further, that such
signs shall not be placed within the public right-of-way nor shall
such signs be placed so as to a present a visual obstruction to motorists
along any highway or near any intersection. No more than three signs
per property shall be allowed to be placed on a daily basis.
(b)
To the extent of any inconsistency herewith, § 405-30D(2)
is deemed inapplicable with respect to daily signs placed upon a business
owner's own property.
(c)
Any person violating the provisions of this Subsection A(6) shall be liable to receive a written warning for the first violation; a fifty-dollar fine for a second violation; and one-hundred-dollar fine for any third or subsequent violations.
(d)
No such signs shall be placed within the right-of-way of any
Township road nor such as to obstruct vehicular or pedestrian traffic.
Such signs shall be placed at a minimum of at least 15 feet from the
roadway edge of any roadway.
(7)
Banners,
flags and pennants.
[Added 4-19-2012 by Ord. No. 690]
(a)
Banners, flags, or pennants not exceeding 16 square feet in size
shall be permitted to be displayed on the property of any business
owner advertising or displaying information to the public on a daily
basis pertaining and relating to the business conducted on the premises
such as whether a sale is ongoing, business hours, whether the business
or open or closed, and similar such purposes, provided that such signs
shall not be permanently placed, shall be placed on the business premises
not earlier than dawn and shall be removed on a daily basis not later
than dusk, and provided further that such banners, flags and pennants
shall not be placed within the public right-of-way nor shall such
banners, flags, and pennants be placed so as to present a visual obstruction
to motorists along any highway or near any intersection.
(b)
No more than three banners, flags, or pennants per property shall
be allowed to be placed on a daily basis. The size of any one banner,
flag, or pennant shall not exceed 16 square feet.
B.
Sign interpretation and measurement.
(1)
For the purpose of determining the number of signs, a sign shall
be considered to be a single display surface or display device, containing
elements organized, related and composed to form a unit. Where matter
is displayed in a random manner without organized relationship of
elements or where there is a reasonable doubt about the relationship
of elements, each element shall be considered to be a separate sign.
(2)
The size of any sign for the purpose of determining its compliance
with the provisions of this section shall be computed by multiplying
its greatest height by its greatest length, exclusive of supporting
structures, unless such supporting structures are illuminated or are
in the form of a symbol or contain advertising copy. Signs with multiple
exposures shall be measured for area by using the surface area of
one side only when carrying the same message on all sides. Where there
is a different message on any side, then each side shall be considered
as an individual sign.
C.
General regulations. All signs shall be designed and constructed
in accordance with the following standards and provisions:
(1)
No freestanding sign shall exceed the height permitted as set forth
herein and in no case exceed the maximum height limitation for the
zoning district in which it is located. No attached sign shall be
higher than 18 inches at any point than the roofline of the building
to which said sign is attached.
(2)
No attached sign shall project into or hang over a street right-of-way,
and no sign shall project beyond a building in a manner placing it
above areas traversed by motor vehicles, such as but not limited to
driveways or parking areas.
(4)
Illuminated signs shall be so arranged as to reflect the light glare
away from adjoining premises and away from adjoining streets and/or
rights-of-way. No sign shall be illuminated between the hours of 1:00
a.m. and 7:00 a.m. unless the business or use so advertised by said
sign is open to the public later than 1:00 a.m., in which event any
such establishment may keep said sign illuminated until said business
is closed to the public, but not thereafter.
(5)
Signs and sign structures of all types shall be located to allow clear, unobstructed lines of vision as specified in § 405-18 of this chapter.
(6)
All sign support structures and frames shall be constructed of durable
material such as wood, metal, stone or concrete. All signs shall be
permanently fixed to the ground or attached to a building or structure
in a manner conforming to the Uniform Construction Code.[2]
[2]
Editor's Note: See N.J.S.A. 52:27D-119 et seq.
(7)
No sign shall be erected containing information on it which states
or implies than a property may be used for any purpose not permitted
under the provisions of this chapter in the zoning district in which
the property to which the sign relates is located.
(8)
No sign shall be erected within any sight triangle area as required by § 405-62 of this chapter.
(9)
Whenever a land use or activity has approved access on more than one roadway, the Planning Board may permit additional freestanding signs. The Board shall determine the size and location of said additional freestanding sign based on available frontage, roadway speed, visibility of the access and the safety of traffic based on specific sign standards permitted for that land use as set forth in Subsection E herein.
[Added 1-19-1996 by Ord. No. 449]
D.
The following signs are prohibited in all districts:
(1)
Signs with red, green or blue illumination in a beam, beacon or flashing
form resembling an emergency light, in any location.
(2)
Portable signs, i.e., fixed on a movable stand which is self-supporting
without being firmly embedded in the ground, supported by other objects,
mounted on wheels or movable vehicles or made easily movable in some
other manner.
(3)
Signs using mechanical or electrical devices to revolve, flash or
display movement or the illusion of movement.
(4)
Signs with any lighting or control mechanism which cause radio or
television interference.
(5)
Any sign which is such a form, character or shape as to confuse or
dangerously distract the attention of the operator of a motor vehicle.
(6)
Any advertising which uses a series of two or more signs or units
placed in a line parallel to the highway or in similar fashion, all
carrying a single advertising message, part of which is contained
on each sign.
(7)
Signs which in any way simulate official, functional, directional
or warning signs erected or maintained by the State of New Jersey,
County of Cumberland or the Township of Upper Deerfield thereof or
by any railroad, public utility or similar organization concerned
with the protection of public health or safety.
(8)
Any sign located on a lot other than the lot occupied by the use,
event, product or activity which said sign advertises.
(9)
Moving objects.
[Amended 1-19-1996 by Ord. No. 449; 4-19-2012 by Ord. No. 690]
(a)
Spinners, balloons, or other aerial devices, inflatable figures,
or any other moving object used for advertising purposes, whether
containing a message or not, shall not be permitted unless a permit
for the same has been granted by the Township Committee of the Township
of Upper Deerfield. In the case of an opening or reopening of a business
or other enterprise, the Zoning Officer may issue a permit for said
devices provided that they are installed in such a way as to not be
hazardous to persons or vehicles on or off site. A permit for spinners,
tethered balloons or other aerial devices or inflatable figures or
any other moving object for an opening or reopening shall not be granted
for longer than 21 consecutive days.
(b)
For all other uses of spinners, tethered balloons, aerial devices,
or inflatable figures or any other moving object used for advertising
purposes, such devices shall be permitted only upon such terms and
conditions as may be authorized by permit from the Township Committee
of the Township of Upper Deerfield.
(10)
Any sign exceeding the maximum height of 35 feet or more than
35 feet above grade level.
(11)
Signs bearing texts of a laudatory nature or including services
or product names normally furnished by any such establishment or proprietor,
it being the purpose of this article to limit the use of all signs
to identification and directional purposes only. Identification signs
allow the principal name of the establishment or proprietor and a
brief description of the principal goods or services offered.
(12)
Any sign which, applying contemporary control standards, has
as its dominant theme or purpose an appeal to prurient interests.
E.
In any district where the following uses are permitted, the following
signs shall be permitted in connection with said use as per the provisions
of this chapter:
(1)
Churches: one freestanding sign not exceeding 40 square feet in area
and eight feet in height and set back at least 25 feet from all street
rights-of-way and lot lines, plus one attached sign not exceeding
25 square feet in area.
[Amended 8-20-2009 by Ord. No. 639]
(2)
Golf courses: one freestanding sign not exceeding 40 square feet
in area and eight feet in height and set back at least 25 feet from
all street rights-of-way and lot lines; in addition, one sign attached
to or freestanding but within 10 feet of the clubhouse or similar
structure, said sign not exceeding 25 square feet in area.
[Amended 8-20-2009 by Ord. No. 639]
(3)
Private clubs: one sign attached to the building or structure and
not exceeding 20 square feet in area or one freestanding sign not
exceeding 20 square feet and set back at least 25 feet from all street
rights-of-way or lot lines.
(4)
Apartment and multifamily dwelling complexes: Each development having
in excess of four dwelling units may have one freestanding sign along
any roadway, provided that there exists at least 200 feet of unbroken
road frontage. Such sign shall not exceed eight feet in height; shall
be set back from the street rights-of-way and all driveways, whether
on or off site, at least 30 feet; from any adjoining property line
a minimum of 40 feet; and shall not exceed an area of 40 square feet;
and shall be solely for identification of the development.
(5)
Local retail and personal service activities, convenience stores,
eating and drinking establishments and similar uses: Each activity
may have one illuminated or nonilluminated sign displaying the name
of the use attached flat against the front of the building facade,
not exceeding 40 square feet in size or 5% of the front facade of
the building, whichever is less. Where the building is designed for
rear or side entrance, one nonilluminated sign may be attached flat
against the building at the rear and side entrances, each sign not
to exceed an area equivalent to half of the sign attached on the front
of the building. When such use is located on an arterial or collector
road, as defined in the Township's adopted Master Plan, said use may,
in addition to the above permitted signs, have one freestanding illuminated
sign not exceeding 15 square feet in area and set back at least 15
feet from all street rights-of-way and lot lines. Such freestanding
sign shall not exceed 20 feet in height.
[Amended 8-20-2009 by Ord. No. 639]
(6)
Offices and financial institutions and similar uses: one illuminated
or nonilluminated sign displaying the name of the use either attached
flat against the front of the building or freestanding, not exceeding
40 square feet or 5% of the front facade of the building, whichever
is less. If freestanding, the sign shall be located not less than
15 feet to any street rights-of-way or lot lines and shall not exceed
10 feet in height.
[Amended 8-20-2009 by Ord. No. 639]
(7)
Retail sale of goods and services, funeral homes, animal boarding
centers, theaters, indoor commercial recreational facilities and similar
uses: Each use or activity may have one sign displaying the name of
the use attached flat against the front of the building, not greater
than 120 square feet. Where such use is located in a building on property
having frontage on more than one street or road, one additional sign
displaying the name of the use may be attached flat against the building
for each side of said building fronting on a street or road not classified
in the Township Master Plan as a minor street. Such sign shall not
exceed an area equivalent to half that of the sign on the front of
the building. Except within residential districts or whenever such
use is located within a planned shopping center and where such use
is located on premises situate on and having at least 200 feet of
unbroken frontage on an arterial or collector street or road, as classified
in the Township Master Plan, said use may have one freestanding sign
on each street frontage, provided that such sign shall not exceed
20 feet in height and shall not be larger than 40 square feet in area.
No such freestanding sign shall be located closer than 100 feet to
any residential district or property line of a property used for residential
purposes or be closer than 15 feet to any street or road right-of-way.
[Amended 8-20-2009 by Ord. No. 639]
(8)
Supermarkets, lumberyards, department, variety, major appliance and
furniture stores, and garden centers: Each use may have one illuminated
or nonilluminated sign displaying the name of the use attached flat
against the front of the building, not exceeding 120 square feet or
5% of the front facade of the building, whichever is less. Where the
building(s) is designed for rear or side entrances, one sign may be
attached flat against the building at the rear and side entrances,
each sign not to exceed an area equivalent to half that of the sign
on the front of the building. Except within residential districts
or whenever such use is located within a planned shopping center and
where such use is located on premises situate on and having at least
200 feet of unbroken frontage on an arterial or collector street or
road, as classified in the Township Master Plan, said use may have
one freestanding sign on each street frontage, provided that such
sign shall not exceed 20 feet in height and shall not be larger than
40 square feet in area. No such freestanding sign shall be located
closer than 100 feet to any residential district or property line
of a property used for residential purposes or be closer than 15 feet
to any street or road right-of-way.
[Amended 8-20-2009 by Ord. No. 639]
(9)
Multi-office buildings or complexes and professional office center
or similar uses: Any use may have one sign, either freestanding or
attached, not exceeding an area equivalent to 5% of the first-floor
portion of the front facade or 150 square feet, whichever is smaller.
Where an individual office unit has direct access from the outside,
a sign not exceeding four square feet identifying the name of the
office may also be attached to the building at the office entrance.
If freestanding, the sign shall not be closer than 15 feet to any
street right-of-way or lot lines, nor shall said sign exceed eight
feet in height. A freestanding sign shall not exceed an area of 100
square feet.
(10)
Hotels and motels or similar uses: Any use may have one sign
attached flat against the front facade of the building and not exceeding
an area equivalent to 5% of the first-floor portion of the front facade
or 150 square feet, whichever is smaller. Where additional uses are
to be permitted in connection with a motel or hotel, such as a restaurant
or shops, additional signs shall be permitted, but all such signs
visible from the public right-of-way shall not exceed 10 square feet
in area or total more than two for any one side of the building in
addition to the main or principal sign. Except within residential
districts or whenever such use is located within a planned shopping
center and where such use is located on premises situate on and having
at least 200 feet of unbroken frontage on an arterial or collector
street or road, as classified in the Township Master Plan, said use
may have one freestanding sign on each street frontage, provided that
such sign shall not exceed 20 feet in height and shall not be larger
than 40 square feet in area. No such freestanding sign shall be located
closer than 100 feet to any residential district or property line
of a property used for residential purposes or be closer than 15 feet
to any street or road right-of-way.
(11)
Shopping centers. Each center or grouping of uses may have one
freestanding sign to identify the shopping center or other permitted
uses and list individual occupants along each arterial or collector
road, as classified in the Township Master Plan, which the tract of
land upon which the center is located abuts, provided that there exists
at least 250 feet of unbroken frontage. Such sign shall not exceed
a height of 30 feet, shall be set back from the street rights-of-way
and driveways at least 25 feet, shall be set back from any property
line a minimum of 50 feet, and shall not exceed an area of 200 square
feet. In addition to the freestanding sign(s) permitted above, each
center may have:
[Amended 8-20-2009 by Ord. No. 639]
(a)
One illuminated identification sign attached flat against the
wall of the front facade (street side) of the building for each use
within the center. Said sign shall not exceed one square foot per
linear foot of frontage of the individual use or 100 square feet in
area, whichever is smaller. Such signs shall not extend above the
roofline of the building to which they are attached.
(b)
In areas having common walkways roofed over with a permanent
solid or rigid canopy (not canvas or awning), there may be one nonilluminated
sign for each business, with such sign being attached in a perpendicular
fashion from the underside of the canopy and not exceeding four square
feet in area on either of the two sides.
(c)
Each building or use may have one nonilluminated directory sign
per principal entrance for all business occupants. Such signs shall
be attached flat against the facade of the building and shall not
exceed four square feet in area.
(d)
In addition, each permitted use may have one identification
sign on each window and awning, provided that such signs do not exceed
four square feet in area.
(e)
All signs in a shopping center shall conform in character to
all other signs in the complex and shall blend with the overall architectural
scheme of the shopping center structure.
(f)
Nothing herein shall be construed to imply control or the setting
of standards for signs located entirely within a structure and not
visible from the exterior of the structure, including through windows
or entrances in or to said structure.
(12)
Service stations, repair garages and car washes: Each use may
have one freestanding sign and one sign attached flat against the
front facade of the building. The freestanding sign shall not exceed
an area of 20 square feet and shall be set back at least 15 feet from
all street rights-of-way and lot lines. The freestanding sign shall
not exceed a height of 20 feet. The attached sign shall not exceed
30 square feet in area or rise above the roofline of the structure
to which it is attached. Whenever a service station is established
with a mini market or convenience store or in combination with another
related land use such as a car wash, then the overall site may have
only one freestanding sign as noted above. Attached signs to the various
uses on site shall be limited to identifying the use or activity.
In addition to the above permitted signs, a gasoline service station
or repair garage may have signs identifying automotive services being
performed within a given portion or bay of the building attached flat
against the building and directly above that portion or bay of the
building wherein said service is performed. Such signs shall not exceed
six square feet in area and shall not be illuminated directly.
[Amended 1-19-1996 by Ord. No. 449]
(13)
Laboratories, industrial and manufacturing or processing plants,
wholesale distribution centers and warehouses, construction enterprises,
metalworking enterprises and similar uses: Each use shall be permitted
one sign not larger than 5% of the front of the principal building
or 100 square feet, whichever is smaller. If attached to the building,
the sign shall not be higher than the roofline and, if freestanding,
shall be set back from all street right-of-way lines at least 15 feet
and from all lot lines at least 50 feet.
(14)
Industrial parks. Each park may have one freestanding sign along each arterial or collector road, as classified in the Township Master Plan, upon which the tract in question abuts, provided that there exists at least 250 feet of unbroken frontage. Such sign shall not exceed a height of 20 feet, shall be set back from all street rights-of-way and driveways at least 20 feet, shall be set back from any property line a minimum of 100 feet and shall not exceed an area of 150 square feet. Each use within an industrial park shall be permitted signs in accordance with the provisions of Subsection E(13) above.
[Amended 8-20-2009 by Ord. No. 639]
(15)
New and used automobile sales, farm equipment sales, trucking
terminals, sale of heavy equipment or recreational vehicles or similar
uses: Each use may have one freestanding sign for each 200 feet of
unbroken frontage with a maximum of three signs per site. Each sign
shall not exceed 35 feet in height, shall be set back from the street
right-of-way at least 15 feet and from driveways at least 20 feet,
shall be set back from any property line a minimum of 50 feet and
shall not exceed an area of 200 square feet. In addition to said freestanding
sign(s), the following attached signs may be permitted:
(a)
One sign displaying the name and insignia of the business or
use attached flat against the front of the principal building used
for sales office and/or showroom, not exceeding 120 square feet or
an area equivalent of 5% of the front facade of the building, whichever
is less.
[Amended 8-20-2009 by Ord. No. 639]
(b)
One attached sign not exceeding 20 square feet in area, which
sign or signs identify specific areas of a structure utilized for
accessory uses, such as garage, office or service areas. Said sign(s)
shall be located directly above or in close proximity to the entrance
to said portion of the principal structure or accessory structures.
(16)
Construction sites. Each construction site may have one sign
identifying construction on site, not larger than the equivalent of
5% of the area of the front wall of the building being constructed
or 100 square feet, whichever is smaller. The size shall not exceed
10 feet in height and shall be set back from all street rights-of-way
and lot lines at least 40 feet. Said sign shall be removed prior to
the issuance of a certificate of occupancy for the building under
construction or the use being established.
(17)
Real estate sale or rental. Real estate developments offered
for sale or rent, involving 10 acres or more or in excess of 10 lots
or dwelling units, may have one sign along each arterial or collector
road which the tract involved abuts for each 100 feet of unbroken
frontage, with a maximum of two signs per site or development. Such
sign shall not exceed eight feet in height, shall be set back from
the street rights-of-way and driveways so as not to overhang the same
or obstruct vision, shall not exceed an area of 32 square feet, and
shall be used only to display the development name, developer's name,
sales representative, location, sales office and number and to display
times and artwork designed to demonstrate project layout, appearance
and logo. Such sign(s) shall be removed after the sale of 90% of the
lots or units or within one year. Extensions of time may be granted
by the Planning Board upon submission of evidence which reasonably
justifies continuation of the sign permit.
(18)
Grand openings, special sales, major retail events or other similar special activities: Any bona fide use or business may apply to the Zoning Officer for the erection, placement or attachment of banners, spinners, pennants, flags or other similar objects or devices in connection with a grand opening celebration, special sale, major retail event or other special activity or event. No more than two permits for such use of said objects shall be granted to the same use in any given calendar year. Use of the objects so permitted shall be limited to a maximum period of 21 days per permit. All such use of the devices or objects shall be approved by the Zoning Officer and shall conform to the requirements of Subsection C herein.
(19)
Home occupations: A home occupation may have one sign bearing
the name of the person engaged in the home occupation and the profession
engaged in or the name of the business, which sign shall not be illuminated,
shall be situated within the property lines of the premises it identifies,
and shall not exceed two square feet in area. Signs identifying the
office of a physician or surgeon may be illuminated.
(20)
Roadside stands: A maximum of three temporary off-site signs
shall be permitted during periods of operation only, each not more
than six square feet in area. Additionally, 48 square feet of identification
sign area shall be permitted either on the stand or within 30 feet
thereof.
(21)
Schools: A school may have one freestanding sign not exceeding
18 square feet in area and eight feet in height set back at least
20 feet from all street rights-of-way and lot lines, plus one attached
sign not exceeding 25 square feet in area. In the case of a school
with outdoor athletic facilities, scoreboards shall be permitted,
provided that they are located not closer than 50 feet from any street
rights-of-way or property lines.
(22)
Other uses: Whenever it is proposed to erect, construct or install
a sign for a use or structure, as permitted under the provisions of
this chapter, which use does not generally approximate a use set forth
in this section as to sign details, the Zoning Officer may issue a
sign permit for one sign not to exceed 50 square feet in area which
meets the maximum setback requirements for an accessory use in the
district where the proposed sign is to be located. All other cases
shall require the approval of the Planning Board. When reviewing a
request for a sign, the details of which are not set forth hereinabove,
the Planning Board shall be guided by the standards for other or similar
uses as set forth herein, the general character of the area wherein
the sign is to be located and the purpose of the sign in determining
the standards to require.
(23)
Yard sales: A maximum of four temporary off-premises directional
signs measuring not over 24 inches by 18 inches each for a yard sale
are permitted. All such directional signs shall be located in accordance
with the provisions of this section, except that no sign permit shall
be required for these signs. All such signs shall be removed within
three days after the sale.
[Added 1-19-1996 by Ord. No. 449]
F.
Temporary signs. The following regulations shall govern the erection
and removal of "temporary signs," which for the purposes of this section
shall be defined as any sign intended for use over a period of time
not to exceed 45 days or longer, if so specified herein:
(1)
No permit is required for any temporary signs which are in the nature
of traditional holiday or seasonal greeting or decoration, not advertising
a specific product, service or establishment. No such sign shall,
however, be erected or placed in such a manner as to be a hazard to
the public or facilities designed to promote or protect public health
and safety.
(2)
Temporary signs announcing or advertising any educational, charitable,
civic, professional or religious program, project or event are permitted
only if erected and allowed to remain for a consecutive period not
to exceed 21 days in any calendar year, and provided that they do
not exceed 32 square feet in area.
(3)
Temporary signs advertising political parties or candidates for election
are permitted only if erected and allowed to remain for a reasonable
period prior to the date of the election to which the signs relate,
provided that:
(4)
All temporary signs permitted herein shall contain only advertisement
copy or information which directly pertains to the business or activity
conducted or to be conducted. Such signs shall relate only to a given
activity, project, program or event in order to be considered as temporary
signs not subject to permit and regulations as set forth in this section.
(5)
Any temporary signs advertising a civic, charitable, political, religious,
professional or similar activity, event, program or project and which
are to be erected or placed by a nonprofit organization shall not
require a sign or zoning permit so long as they meet the requirements
of this subsection. Said sign(s) must be maintained while in use by
the person or organization erecting or placing them. Signs proposed
for hanging or draping across a public street, road or right-of-way
shall require a sign permit and be in accordance with all applicable
regulations concerning their design and manner of display. Such signs
shall require the issuance of a zoning permit regardless of the nature
or purpose of the sign or the group erecting or placing it.
G.
Sign maintenance.
(1)
No sign, whether new or existing, shall hereafter be erected or altered
except in conformity with the provisions of this chapter. However,
notwithstanding any provisions contained herein, a sign must be kept
clean, neatly painted and free from all hazards, such as but not limited
to faulty wiring, loose fastenings or improper support; and said sign
must be maintained at all times in such condition so as not to be
detrimental to the public health and safety.
(2)
In the event of a violation of the foregoing maintenance provisions, the Zoning Officer shall give written notice, by certified mail or personal delivery, specifying the named owner of the land upon which the sign is located, sent to the address as stated in the application for a sign permit or as shown on the Township tax records, listing all violations and requiring correction of defects or removal of the sign. The sign shall thereupon be made to conform by the owner of the sign and/or the owner of the land upon which it is located within 30 days from the date of receipt of said notice. Upon failure to comply with such notice within the prescribed time, the Zoning Officer is hereby authorized to remove such sign and shall assess all costs and expenses incurred in said removal against the land and building upon which such sign was located or to take appropriate action as provided for in § 405-113 of this chapter.
(3)
Any sign advertising an existing business conducted or product sold on the premises upon which the sign is located shall be removed by the owner of the premises upon which such sign is located within 30 days after cessation of the business or activity so advertised. The Zoning Officer, after determining that any such sign exists after such cessation of business or activity, shall notify the owner of the premises, in writing by certified mail or personal delivery, to remove said sign within 30 days from the date of such notice. Failure to comply with the notice in the time prescribed shall be considered a violation of this chapter and appropriate action authorized as set forth in § 405-113.
(4)
If the Zoning Officer shall find that any sign regulated by this
chapter is unsafe or insecure or is a nuisance or menace to the public,
said Officer shall give written notice to the named owner of the land
upon which the sign is located as shown on the Township tax records
or the application for a sign permit, which owner shall remove or
repair said sign within 14 days from the date of receipt of said notice
or such other time period as set forth in said written notice. If
said sign is not removed or repaired within the time period specified,
the Zoning Officer shall revoke any permit issued for the sign and
shall take what steps are necessary to repair or remove said sign
in order to protect the public health and safety and shall assess
all costs and expenses incurred from such repair or removal of the
sign against the land and buildings on which the sign was located.
Such assessment shall become a municipal lien upon the property involved.
(5)
With respect to any temporary sign permitted under Subsection F above, such sign if not removed by the owner within the time period prescribed may be removed by the Zoning Officer, who is hereby authorized to do so and shall assess all costs and expenses incurred in said removal against the property upon which said sign is located. Said assessment shall become a municipal lien upon the property involved.
The following standards and regulations shall apply to swimming
pools and ponds.
A.
Private swimming pools.
(1)
Open pools in excess of 2 1/2 feet in depth are considered swimming
pools and as structures for the purpose of permits and regulations
of Township ordinances. For the purpose of this chapter, swimming
pools, exclusive of patio area, shall not be counted as floor area
in computing the lot coverage and shall not be located in any required
front, side or rear yard area.
(2)
All swimming pools shall be at least 20 feet from any property line
and shall be enclosed by a fence, wall or other suitable barrier not
less than four feet high with a self-closing, self-latching gate and
of such a design as is reasonable to prevent unobstructed access to
the pool.
[Amended 9-1-1988 by Ord. No. 316]
(3)
All swimming pools shall be provided with a filtering system utilizing
chlorinated water, meeting New Jersey State Department of Health and
Senior Services requirements.
(4)
All swimming pools shall drain in conformance to a system approved
by the Township Engineer.
B.
Irrigation and farm ponds. All irrigation or farm ponds shall be
designed and constructed in such a manner as to avoid steep slopes
or embankments. All such ponds shall be graded and seeded. Fencing
and specific drainage requirements shall only be applicable where
determined necessary to the public health, safety and general welfare
by the Township Committee.
C.
Semipublic and public swimming pools and swimming clubs. Semipublic
and public swimming pools and swimming clubs operated on a nonprofit
annual-membership basis shall be permitted as indicated on the Schedule
of District Regulations,[1] provided that:
(1)
Proof is furnished to the Zoning Officer that the proposed use is
a bona fide nonprofit activity organized solely for the use and enjoyment
of the membership.
(2)
The parcel involved in the use shall contain at least three acres
and shall have 200 feet of highway frontage.
(3)
No more than a total of 15% of the lot shall be covered by structures,
parking areas and the pool, together with its adjoining hard-surfaced
areas.
(4)
No part of the pool, its accompanying hard-surfaced area or other
supporting structures or activity areas shall be located within 75
feet of a property line, or less than 300 feet from the nearest dwelling.
(5)
The maximum membership of the club shall be fixed at the time of
application and shall be commensurate with the size of the parcel
and the scale and facilities contemplated. No expansion of the membership
shall take place subsequently without supplemental application to
and approval by the Planning Board.
[Amended 12-30-2009 by Ord. No. 649]
(6)
Any pool established in connection with public swimming clubs shall
be constructed and operated according to the requirements of Chapter
IX, Public Recreational Bathing, of the State Sanitary Code, as set
forth in N.J.A.C. 8:26-1 et seq.
[Amended 9-20-2007 by Ord. No. 593]
(7)
All pools shall be surrounded on all sides by a yard 25 feet in width,
exclusive of parking area.
(8)
All pools shall have permanent and direct access to a public street.
(9)
All pools shall be surrounded by a fence at least six feet in height,
the entrance to which shall be kept locked when an attendant is not
present.
(10)
All lot boundaries shall be screened in accordance with the screening provisions of § 405-62A(4) of this chapter.
[1]
Editor's Note: The Schedule of District Regulations is included at the end of this chapter.
[Added 7-6-2006 by Ord. No. 575][1]
A.
Recreation.
(1)
A recreation area shall be dedicated and improved by the developer
for any development containing more than seven residential units.
A residential unit shall include any dwelling or living area designed
to include one or more sleeping quarters. Said recreation area shall
consist of at least one acre or 3,000 square feet per residential
unit in the development, whichever is greater.
(2)
All land and recreation areas shall be cleared as required, graded
for proper drainage, leveled, topsoiled, limed, fertilized and seeded
with athletic field and general purpose mixture in accordance with
specifications contained in Lofts Seed, Inc.'s Guide to Seed and Sod
in United States and Canada, current edition, and must be suitable
for playing playground games, such as touch football and softball,
on an informal basis. The recreation area shall meet all design standards
as set forth in this chapter.
(3)
The recreation area shall not include any wetlands, wetlands transition
areas of any kind, streets, drives or space occupied for off-street
parking or loading purposes for other facilities. The recreation area
shall be contained within the development and entirely within Upper
Deerfield Township and readily accessible to all lots intended for
residential development.
(4)
The development shall provide for a homeowners' association for the
ownership and maintenance of the recreation area for the benefits
of owners or residents of the development unless the Township accepts
dedication of the recreation area.
(5)
Monetary contribution in lieu of recreation area. In lieu of the recreation area required by Subsection A(1) herein above, the developer may elect, with approval by the Planning Board, to make a contribution of $3,000 per residential unit to a Recreation Trust Fund maintained by the Township specifically for the periodic purchase, lease, acquisition and/or maintenance of recreational facilities for use by the residents of the Township of Upper Deerfield. Said contribution shall be paid at the time of final approval and before the signing and release of any subdivision plats.
[Amended 12-30-2009 by Ord. No. 649]
(6)
In the designation of the required open space and the uses proposed
thereon, the developer shall be guided by the following:
(a)
Any lands proposed as open space shall be improved to best suit
the purpose(s) for which open space is intended.
(b)
Common open space to be administered by a homeowners' association
or other open space organization shall be distributed throughout the
proposed development so that as many residential dwelling units or
buildings as are practicable abut and have direct access to the common
open space.
(c)
The protection of environmentally fragile and important resource
land areas, such as aquatic and wetland buffer areas, one-hundred-year
floodplain and treed acreage, is a high priority.
(7)
The Planning Board shall review the submitted common open space plan
in the context of the particular development proposal, the particular
characteristics of the subject land area and the ability, desirability
and practicality of relating the proposed open space to adjacent and
nearby lands. In any case, the lands shall be improved as may be necessary
to best suit the purpose(s) for which they are intended.
(8)
Should the proposed development consist of a number of development
phases, the Planning Board may require that open space acreage be
proportionate in size to the development phases being considered for
final approval for that particular development phase, even though
these lands may be located in a different section of the overall development.
(9)
Open space may be offered by deed to the Township or dedicated as
common open space to a homeowners' association or other open space
organization.
(a)
If the applicant proposes that the open space be dedicated to
the Township, then the Planning Board shall forward such request with
its recommendations to the Township Committee prior to the granting
of preliminary approval of any development application containing
the subject open space.
(b)
All open space not offered to and/or not accepted by the Township
shall be owned and maintained by a homeowners' association or other
open space organization, as provided in N.J.S.A. 40:55D-43. Such organization
shall not be dissolved, nor shall it dispose of any common open space
by sale or otherwise.
(10)
The developer shall provide a minimum contiguous area within lands of the designated open space not considered environmentally fragile as set forth in Subsection A(6)(c) above of at least 200 feet by 100 feet in size. The area shall not include any roads, streets, rights-of-way, detention or retention basins or portions of the development side aside for other required uses.
[1]
Editor's Note: Original § 98-24.1, Keeping of swine,
added 7-7-1983 by Ord. No. 251, was deleted 9-1-1988 by Ord. No. 316.
[Added 11-19-2009 by Ord. No. 643]
Wind and solar energy-generating facilities, including those
used for the production of electric current, and communications facilities,
including television and/or radio towers, antennas, satellite dishes
and all similar devices, may be installed as permitted by the Schedule
of District Regulations, subject to the following requirements:
A.
Wind energy-generating facilities (wind turbines) shall be permitted
as an accessory use/structure in connection with any residential,
agricultural, recreational or industrial use when they meet the following
standards:
(1)
Any turbine more than 100 feet tall must be of monopole construction
to qualify for a zoning permit. Lattice towers and guy wires will
not be authorized by zoning permit for wind turbines in excess of
100 feet tall.
(2)
The proposed wind energy-generating facility will not block, interfere
or otherwise impair a scenic vista or view for an adjoining residential
structure.
(3)
The wind energy-generating facility and its location on the property
involved shall be designed to eliminate any nuisances to surrounding
properties and to limit any noise from said wind energy-generating
facility from being heard off the property where said wind energy-generating
facility is located. The actual side and rear yard setbacks for a
wind energy-generating facility shall be determined by the Planning
Board and shall be based upon the height of the proposed wind energy-generating
facility.
(4)
The wind energy-generating facilities shall be limited to a maximum
height of 120 feet to the tip of the blade at its highest position.
(5)
No variance shall be granted in connection with a proposed wind energy-generating
facility to permit a height greater than 300 feet or the placement
of a wind energy-generating facility so close to a property line as
to result in any portion of said wind energy-generating facility at
any time, whether erect or in the event that the wind energy-generating
facility should fall or be toppled, from overhanging, crossing or
otherwise extending beyond the property line of the property upon
which it is located.
(6)
No wind energy-generating facility shall be located in any required
front yard area.
(7)
The minimum lot size required for the erection, construction or placement
of a wind energy-generating facility on a property shall be five acres.
(8)
No more than one wind energy-generating facility shall be permitted
per parcel.
B.
Communications equipment, such as dish or disc antennas, satellite
antennas, television or radio towers and similar devices, shall be
permitted as an accessory use/structure to a commercial or industrial
use in accordance with the following requirements:
(1)
Communication towers shall be limited to a maximum height of 100
feet.
(2)
No communications equipment shall be located in any required front
yard area.
(3)
Communications equipment shall not be attached to the front facade
or roof area of any structure or building.
(4)
When any dish, disc or satellite antennas is located within 20 feet
of adjoining property, it shall be screened with plant material to
the extent practical to reduce unsightly appearance without affecting
performance.
(5)
No communications equipment shall be permitted which causes interference
or problems for adjoining properties' communications equipment or
receipt of television, radio or other communications signals.
(6)
Wherever practical or possible, communications equipment shall be
so located on a property so as not to be visible from the street.
C.
Solar energy-generating facilities shall be permitted as an accessory
use/structure in connection with any residential, agricultural, recreational,
commercial or industrial use when they meet the following standards.
(1)
Solar energy-generating facilities shall be permitted as a rooftop
installation subject to the following:
(a)
The solar energy-generating facilities shall not exceed a height
of eight inches above the roof when attached to a residential dwelling
unit.
(b)
Solar energy-generating facilities used in conjunction with
a commercial or industrial use shall be screened from the view of
persons at ground level by a parapet or similar means.
(c)
In no event shall the placement of solar energy-generating facilities
result in a total height, including the building and panels, greater
than the maximum building height permitted in the subject zone district
for a principal structure.
(d)
When solar energy-generating facilities are located within 20
feet of an adjoining property, they shall be screened to the extent
practical to reduce unsightly appearance without affecting performance.
(e)
Wherever practical or possible, solar energy-generating facilities
shall be so located on a property so as not to be visible from the
street.
(2)
Solar energy-generating facilities shall be permitted as ground arrays
in accordance with the following standards:
(a)
All ground arrays shall be set back from all property lines
a distance equal to or greater than the set back required for an accessory
structure within the subject zone.
(b)
Ground arrays shall not be permitted in a front yard.
(c)
When utilized as an accessory to an agricultural use, solar ground arrays, in addition to being subject to § 405-34C(2)(b) through (g), shall be set back a minimum distance of 100 feet from any property line.
(d)
Wherever practical or possible, ground arrays shall be so located
on a property so as not to be visible from the street. Installation
of vegetation or other materials may be required to satisfy this requirement.
(e)
Ground arrays shall not exceed a height of 15 feet.
(f)
Ground arrays shall be considered impervious and shall be calculated
as a percentage of lot coverage.
(g)
Ground arrays shall be located to eliminate any nuisances to
surrounding properties.
(h)
Ground arrays shall not block, interfere or otherwise impair
a scenic vista or view for an adjoining residential structure.
D.
Wind and solar energy-generating facilities and communications facilities
shall not be used for displaying any advertisement except for reasonable
identification of the manufacturer or operator of the system. In no
case shall any identification be visible from a property line or public
right-of-way.
E.
The design of wind and solar energy systems and communications facilities
shall, to the extent reasonably possible, use materials, colors, textures,
screening and landscaping that will blend the facility into the natural
setting and existing environment.
F.
The primary purpose of solar and wind energy-generating facilities
is to provide power for the principal use of the property where said
facility is located and shall not be for the generation of power for
commercial purposes, although this provision shall not be interpreted
to prohibit the sale of excess power generated from time to time from
a solar or wind energy-generating facility designed to meet the energy
needs of the principal use.
G.
The annual energy-generating capacity of a solar or wind energy-generating
facility shall be limited to the previous calendar year's energy demand
plus 10% or to occupying no more than 1% of the subject parcel, whichever
is less.
H.
The limit on the annual energy-generating capacity established pursuant to Subsection G shall not include energy generated from facilities, structures or equipment existing on the roofs of principal buildings as of the effective date of this section.
I.
Construction and erection of wind and solar energy facilities and
communications equipment shall be subject to the Uniform Construction
Code and shall at no time constitute a threat to public safety or
welfare.
J.
Approvals required.
(1)
No solar or wind energy-generating facility or communications facility
shall be established or constructed unless a construction permit,
and a zoning permit evidencing the compliance of such use or structure
with the provisions of this section, shall have first been issued.
