Township of Lebanon, NJ Article II Regulations

§ 400-5 General intent.

A. The intent of this article is to establish a precise and detailed plan for the use of land and buildings in the Township, based upon the Township Master Plan, and any amendments thereto, and other studies and findings, enacted in order to promote and protect the public health, safety, morals, comfort, convenience and the general welfare of the people.

B. After the adoption of this article, no use or structure shall be permitted in the Township which is not listed as a permitted, accessory or conditional use, or unless permitted by the Board of Adjustment.

§ 400-6 Detailed provisions.

[Amended by Ord. No. 9-1994]

A. Designation of zoning districts. For the purpose of this chapter, the Township is hereby divided into districts or zones, to be designated as follows:

[Amended 5-29-2002 by Ord. No. 2002-4]

	Residential Districts
	RC	Resource Conservation District
	R-5	Rural Agriculture District
	R-3	Rural Residential District
	R-1 1/2	One-Family Residence District
	R-15	One-Family Residence District
	Nonresidential Districts
	B-1	Neighborhood Business District
	B-2	Highway Business District
	I	Industrial District

B. Zoning Map. The location and boundaries of the above districts are hereby established on the Zoning Map of Lebanon Township in Hunterdon County, New Jersey, prepared by Banisch Associates and dated March 2002. The map or maps and all notations, references and designations shown thereon shall be a part of this chapter as if the same were all fully described and set forth herein.[1]

[Amended 5-29-2002 by Ord. No. 2002-4]

[1] Editor's Note: The Zoning Map is included at the end of this chapter.

C. Designation of district boundaries.

(1) Unless otherwise noted, the district boundary lines are intended generally to follow the center lines of streets; the center lines of railroad rights-of-way; existing lot lines; the high water mark of rivers; streams and other waterways; and municipal boundary lines. However, where a district boundary line does not follow such line, its position shall be shown on the Zoning Map and Tax Map by a specific dimension expressing its distance in feet from a street line or other boundary line as indicated.

(2) In the event a district boundary line divides one or more lots, then the zone boundary line shall be considered the lot limit for computing all area, bulk, yard, buffer and any other dimension requirements specified in this article, unless a zone district boundary line falls within 20 feet of a lot line existing at the time of passage of this chapter, then the lot line shall be considered the zone boundary line.

(3) In cases of uncertainty or disagreement as to the true location of any district boundary line, the determination shall be made by the Board of Adjustment.

§ 400-7 Schedule of Lot, Yard, Height and Bulk Requirements.

The Schedule of Lot, Yard, Height and Bulk Requirements is contained in Schedule I at the end of this chapter, which is a part hereof.

§ 400-8 Supplementary zone district regulations.

[Amended by Ord. No. 19-1987; Ord. No. 2-1988; Ord. No. 10-1988; Ord. No. 12-1989; Ord. No. 15-1989; Ord. No. 5-1991; Ord. No. 21-1991; Ord. No. 8-1998; Ord. No. 18-2000; Ord. No. 2001-37]

A. General.

(1) No building or structure shall be erected and no existing building or structure shall be moved, altered, added to or enlarged, nor shall any land or building be designed, used or intended to be used, for any purpose or in any manner other than as specified among the uses listed as permitted, accessory or conditional in the district in which such building or land is located.

(2) No building or structure shall be erected, reconstructed or structurally altered to exceed in height the limit designated for the district in which such building or structure is located.

(3) No building or structure shall be erected, no existing buildings or structures shall be altered, enlarged or rebuilt, nor shall any open space surrounding any building be encroached upon or reduced in any manner, except in conformity to the yard, lot area and building location regulations hereinafter designated for the district in which such building or open space is located.

(4) No yard or other open space provided for any building for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or other open space for any other building on any other lot.

(5) No land in a residential zone shall be used to fulfill open space, minimum area, minimum yard and setback requirements, parking or other similar requirements for uses in nonresidential zones.

(6) The area or dimension of any lot, yard, parking area or other space shall not be reduced to less than the minimum required by this chapter; and, if already less than the minimum required by this chapter, the area or dimension shall not be further reduced.

(7) The maximum floor area ratio or impervious surface coverage set forth in Schedule I[1] shall not be exceeded or, if already more than the maximum, shall not be further increased.

[1] Editor's Note: Schedule I, Schedule of Lot, Yard, Height and Bulk Requirements, is contained in at the end of this chapter

(8) All single-family residences shall have a minimum width of 22 feet, be located on a permanent foundation and be constructed on land the title to which is held by the single-family lot owner.

B. Lot regulations.

(1) Nonconforming vacant lot. Notwithstanding any of the requirements contained in this chapter, an owner of a vacant lot of 30,000 square feet or more in a residential zoning district may construct on that lot a single-family dwelling, provided that the minimum front, side and rear yard setbacks for the zoning district in which the lot is located are satisfied.

(2) Lot width. On regularly shaped lots, the minimum lot width of any lot shall be measured at the front property line and required front yard setback line as required for the zone in which it is located and shall be maintained for a distance of not less than 40 feet to the rear of the required front yard setback line. Where lots front on turnarounds at the end (but not at intermediate points) of culs-de-sac or on curves with a radius of less than 300 feet, the minimum lot frontage measured along the arc of the right-of-way line is 50% of the frontage required in the zone, and the front yard setback line shall be placed where the lot achieves the full lot width required for regularly shaped lots in the zone.

(3) Corner lots. The required front yard shall be maintained on both streets.

(4) Through lots. Both street frontages of a through lot shall be subject to the front yard requirements of the zone where located. Where a lot is bounded on three or more sides by roads, the side opposite the front yard shall also be considered a front yard and the minimum front yard setback shall be maintained. The remaining frontage shall be considered a side yard but the front yard setback for the zone shall also be maintained for the side road.

(5) Number of buildings restricted. There shall not be more than one principal structure constructed on each lot, except as otherwise provided herein, in any residential zoning district, except that farms may have as many farm structures as needed.

[Amended 5-29-2002 by Ord. No. 2002-4]

(6) Frontage dedicated for road widening purposes shall be considered as part of the lot area for minimum area requirements.

(7) Building lot to abut street. No permit for the erection of any building or structure shall be issued unless the lot abuts a street giving access to such proposed building or structure. Such street shall have been duly placed on the Official Map or shall be an existing state, county or municipal street or highway; or a street shown upon a plat approved by the Planning Board; or a street on a plat duly filed in the office of the County Recording Officer prior to the passage of an ordinance under this act or any prior law which required prior approval of plats by the governing body or other authorized body. Before any such permit shall be issued, such street shall have been certified to be suitably improved to the satisfaction of the governing body, or such suitable improvement shall have been assured by means of a performance guarantee, in accordance with standards and specifications for road improvements approved by the governing body, as adequate in respect to the public health, safety and general welfare of the special circumstance of the particular street; and it shall have been established that the proposed access conforms with the standards of the State Highway Access Management Code adopted by the Commissioner of Transportation under Section 3 of the State Highway Access Management Act of 1989, P.L. 1989, c. 32 (N.J.S.A. 27:7-89 et seq.), in the case of a state highway, with the standards of any access management code adopted by the county under N.J.S.A. 27:16-1 in the case of county road or highway, and with the standards or any municipal access management code adopted under N.J.S.A. 40:67-1 in the case of the municipal street or highway.

(8) New zone lots.

(a) RC and R-5 Zones. Subdivision of any land in the RC and R-5 Zones shall meet all requirements set forth in Schedule I[2] and elsewhere in this chapter. Such lots shall front upon rights-of-way of at least 50 feet meeting at least Class III common driveway standards of Chapter 325, Article IV, Street Construction Standards.

[Amended 5-29-2002 by Ord. No. 2002-4]

[2] Editor's Note: Schedule I, Schedule of Lot, Yard, Height and Bulk Requirements, is contained in at the end of this chapter

(b) R-3 Zone. Subdivision of any land in the R-3 Zone shall meet all requirements set forth in Schedule I and elsewhere in this chapter. Such lots shall front upon rights-of-way of at least 50 feet meeting at least Class II standards of Chapter 325, Article IV, Street Construction Standards.[3]

[3] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

(c) All other zones. Subdivisions of land in all other zones shall meet all requirements set forth in Schedule I and elsewhere in this chapter. Such lots shall front upon rights-of-way of at least 50 feet meeting the Class I standards of Chapter 325, Article IV, Street Construction Standards. The Township Committee may waive the requirement of a Class I road in the R-1 1/2 Zone if the subdivision meets all R-5 and/or R-3 Zone requirements. Roads appropriate to the zone shall be required.[4]

[4] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

(9) Flag lots.

(a) Subdivision of land not presently fronting on a Township, county or state road may be approved by the Planning Board, providing the following standards are met:

[1] Minimum size of lot: 7.5 acres in the RC Zone and five acres in all other zoning districts (exclusive of area of private fifty-foot access road).

[Amended 5-29-2002 by Ord. No. 2002-4]

[2] Minimum distance between principal structure and property lines: 100 feet.

[3] Minimum width of private right-of-way: 50 feet.

(b) If the applicant for subdivision under this subsection has access to the Township, county or state road over an existing driftway and does not have a fee simple title interest to the land on either side of the driftway sufficient to permit the applicant to enlarge the width of the access to 50 feet, then the driftway or right-of-way shall not be less than 12 feet wide for only that portion of the access private road where the applicant does not have fee simple title on either side of the driftway.

(c) All private access roads to be created shall connect with the parcel proposed to be subdivided and a Township, county or state road or a Class III common driveway which has been improved to the specifications of this chapter.

(d) Each flag lot created pursuant to this chapter shall have its own private access road in accordance with the standards expressed herein and shall not be closer than 300 feet to another flag lot access road.

(e) After the approval of subdivision creating a new flag lot and prior to the granting of a building permit, the private access road providing access from the lot to the Township, county or state road or a Class III common driveway shall be sufficiently improved to provide access to the lot for emergency vehicles and equipment under all weather conditions. The Lebanon Township Police Department, Volunteer Fire Company and Road Committee of the Planning Board shall inspect the improved road and issue a report to the Zoning Officer prior to the issuance of a zoning permit that the improved road was capable of providing access for emergency vehicles and equipment at the time of the inspection.

(10) Number of residential lots on a cul-de-sac. The maximum number of residential lots permitted on a cul-de-sac is 12.

(11) Nonconforming developed lot. Any nonconforming lot located in a residential zone on which a single-family dwelling is located may have additions to the dwelling, and may have accessory buildings or structures added, provided that the proposed addition or accessory building or structure conforms with the use, area and yard requirements of the zone in which the lot was formerly located.

[Added 5-29-2002 by Ord. No. 2002-4]

C. Height regulations.

(1) General application. No building or structure shall have a greater number of stories or greater height than permitted in the zone where such building or structure is located.

(2) Permitted exceptions.

(a) Height limitations stipulated elsewhere in this chapter shall not apply to the following when attached to a principal structure: windmills, spires, belfries, cupolas and domes, monuments, chimneys, flagpoles, private radio, TV and telephone antennas, fire towers, tanks, water towers and standpipes; provided, however, that no such exempted structure shall exceed a height of 50 feet. All freestanding structures shall be considered as accessory structures and shall meet the height requirements as set forth in Schedule I, except that freestanding lighting structures shall not exceed 16 feet in height in any zone.

(b) Mechanical appurtenances such as condensers, elevator penthouses, exhaust fans, air-conditioning equipment, and other similar equipment for nonresidential development are exempt from height restrictions, providing they do not extend more than 12 feet above the maximum height permitted in the zone, and cover no more than 20% of the roof area, and are properly shielded by a parapet wall.

(c) Any structures enumerated herein shall not exceed a height equal to the distance to the closest lot line.

(d) Height regulations shall not apply to farm structures.

(e) Solar energy devices may be erected without regard to roof area restrictions.

D. Yard regulations.

(1) Required yards shall be open to the sky and unobstructed.

(2) Where any lot abuts a street right-of-way which is proposed to be widened as indicated on the Master Plan or Official Map of the Township, or Master Plan of Hunterdon County, or by the State of New Jersey, setbacks shall be measured from such proposed right-of-way.

(3) No structure or improvement shall be built closer to the mean high water mark of a stream or watercourse than 10 feet plus three feet for each foot of stream width or 10 feet from the high water mark of an established floodplain, whichever is greater. Stream setbacks may be included in any front, rear or side yard requirements.

(4) Front yard setbacks shall be measured from the right-of-way line on any road instead of the property line.[5]

[5] Editor's Note: Former § 18-3.4e, Lot averaging, which previously followed this subsection, was repealed 5-29-2002 by Ord. No. 2002-4.

E. Steep slope regulations.

(1) The following standards shall apply to all new residential lots created through subdivision with slopes in excess of 15% and 25% respectively:

(a) In areas with slopes of 15% to 25%, no more than 15% of such areas shall be developed and/or regraded or stripped of vegetation.

(b) For the purposes of subdivision each lot created must include a minimum of one contiguous acre of land with less than 15% slope on which all development shall occur.

(c) In areas with slopes of 25% or more, no development, regrading or stripping of vegetation shall be permitted.

(d) A steep slope analysis showing slope classes 0% to 14.99%, 15% to 25% and greater than 25% shall be delineated on the subdivision plat. In a major subdivision, the slope classifications shall be calculated utilizing a two-foot contour interval. When the new residential lots being created are classified as a minor subdivision, the slope class information can be calculated utilizing the best available topographic information. When the adequacy of any interpolated topographic information is in doubt, the Planning Board reserves the right to request additional on-site topographic information which may include but is not limited to an on-site topographic survey utilizing a five-foot contour interval; the use of spot elevations to document critical areas and any other topographic information as deemed appropriate by the Township Engineer.

(2) Notwithstanding the above, any existing residential lot of record at the time of passage of this section shall be exempt from the above provisions, unless and until an application for subdivision of that lot is made. The following standards shall apply to existing lots of record which will necessitate the construction of a residence or any required improvements on slopes greater than 15%:

[Amended 12-7-2011 by Ord. No. 2011-12]

(a) A lot grading plan which indicates the proposed driveway plan and profile, residential and other site grading necessary for the property shall be developed in accordance with Subsection E(2)(c) and submitted for review and approval by the Township Engineer. Such plan shall also provide for the proper protection and stabilization of all disturbed areas consistent with the design techniques established by the Soil Erosion and Sediment Control Standards, adopted and amended by the New Jersey State Soil Conservation Committee. Costs associated with the Township Engineer’s review shall be assessed against the construction escrow account established by the applicant as part of the building permit application.

(b) The Township Engineer shall verify that the proposed residential driveway design is capable of providing access for emergency vehicles and equipment under all weather conditions.

(c) Detailed site grading plans. A detailed site grading plan shall be drawn and certified by a licensed professional engineer at a scale not less than one inch equals 30 feet. Detailed site grading plans shall show the following information:

[1] The Tax Map sheet, block and lot number, date, graphic scale, North arrow and the names and addresses of the owner or owners of the tract, the applicant, if other than the owner, and of the engineer who prepared the plan.

[2] All lot dimensions.

[3] Front, side and rear setback dimensions.

[4] Location of all proposed buildings, dimensions thereof and the first floor elevation.

[5] Location of all buildings on adjoining lots.

[6] The existing and proposed contours at a contour interval of two feet or less.

[7] The proposed elevations of the levels of any land at the corner of the foundation of any structure or structures and the levels of land above and below retaining walls, as well as top-of-wall elevations.

[8] The layout of existing and proposed public streets and public utilities.

[9] The location of any existing or approved potable water or sanitary sewage disposal facilities on or within 100 feet of the lot.

[10] The location of proposed vehicular facilities, including roads, drives or parking areas designed in accordance with § 18-6.[6]

[6] Editor's Note: So in original.

[11] The location of all existing landscaping within the proposed limit of disturbance, including trees, shrubs and ground cover with type and size of trees or shrubs.

[12] The disposition and extent of topsoil to be removed or backfilled.

[13] The plans and specifications for any proposed retaining walls, fences or other protective structures.

[14] A slope map showing existing slope areas, limits of grading and all calculations necessary to determine compliance with this section.

[15] Provisions for the proper protection and stabilization of all disturbed areas consistent with the design techniques established by the Soil Erosion and Sediment Control Standards, adopted and amended by the New Jersey State Soil Conservation Committee.

[16] The location plans and specifications of any proposed seepage pits to control roof runoff.

F. Standards for off-street parking as a principal or conditional use.

(1) The proposed development shall comply with the area and yard requirements of the zoning district in which it is located, except as modified below.

(2) Off-street parking shall not be located in the required front yard setback.

(3) In the B-2 Zone, off-street parking shall maintain a setback of 10 feet to rear and side lot lines. In the I Zone, off-street parking shall maintain a setback of 20 feet to rear and side lot lines.

(4) Where the proposed use in the B-2 Zone abuts a residential zone on the side or rear, a minimum landscaped buffer of 30 feet shall be maintained. Where the proposed use in the I Zone abuts a residential zone on the side or rear, a minimum landscaped buffer of 50 feet shall be maintained. The landscaped buffer shall consist of staggered rows of evergreens at least six feet high at planting.

(5) No repair work shall be conducted on such parking area, and any washing of commercial vehicles shall meet all applicable health and safety regulations.

(6) Off-street parking areas shall not be used for the parking or storage of vehicles placarded to carry ultra-hazardous materials/substances or hazardous materials/substances when such placards are affixed.

(7) Off-street parking areas may require paving and curbing if drainage would be affected, as determined by the Planning Board on the recommendation of the Planning Board Engineer.

(8) Off-street parking areas shall be lighted to provide a minimum average illumination of 0.5 footcandle throughout the parking area. Such lighting shall be shielded and shall not be a hazard or nuisance to adjoining properties or the traveling public. Light fixtures shall not be higher than 16 feet above grade. The Board, as part of site plan approval, may fix the hours of operation of any lights.

(9) Off-street parking areas shall be effectively screened by a berm, fence or wall not less than four feet nor more than seven feet in height, maintained in good condition; provided, however, that a screening hedge or other natural landscaping may be substituted for the required berm, fence or wall as approved by the Board. The berm, fence or wall required by this subsection may be waived by the Board if, in its judgment, because of topographic or other unusual conditions, the berm, fence or wall is not necessary to protect adjoining property.

(10) Off-street parking areas, as permitted by this section, shall not be located on a parcel which includes a gasoline service station.

§ 400-9 Use regulations. [1]

[Amended by Ord. No. 12-1981; Ord. No. 3-1984; Ord. No. 15-1990; Ord. No. 4-1991; Ord. No. 8-1998; 5-29-2002 by Ord. No. 2002-4; 4-18-2007 by Ord. No. 2007-7; 12-7-2011 by Ord. No. 2011-11; 8-18-2021 by Ord. No. 2021-07; 11-2-2022 by Ord. No. 2022-10; 9-18-2024 by Ord. No. 2024-11]

The use regulations applicable to each zone district within the Township are as follows. (Note: PPU is permitted principal use; CU is conditional use.)

A. Residential districts.

		Districts Where Permitted
		RC	R-5	R-3	R-1 1/2	R-15
Principal permitted and conditional uses:
	Detached one-family dwellings	PPU	PPU	PPU	PPU	PPU
	Animal farms	CU	CU	—	—	—
	Animal kennels	CU	CU	—	—	—
	Camps, private country clubs and private recreation facilities	CU	CU	CU	CU	—
	Community residences (as regulated in § 400-17)	PPU	PPU	PPU	PPU	PPU
	Essential services	PPU	PPU	PPU	PPU	PPU
	Essential service buildings	CU	CU	CU	CU	CU
	Family day-care homes (as regulated in § 400-17)	PPU	PPU	PPU	PPU	PPU
	Farms	PPU	PPU	PPU	PPU	—
	Institutional and public uses	CU	CU	CU	CU	CU
	Nursing homes	CU	CU	—	—	—
	Roadside stand, integrated*	CU	CU	CU	CU	—
	Supplementary apartments	CU	CU	CU	CU	—
	Home occupation	CU	CU	CU	CU	CU
Accessory uses:		Permitted in all zones
	Customary accessory uses
	Home occupation exempt
	Integrated roadside stands less than 100 square feet
	Signs (as regulated in § 400-13)
	Off-street parking and private garages
	Personal recreational facilities
Prohibited uses:		Prohibited in all zones
	All classes of cannabis establishments as said terms are defined in Section 3 of P.L. 2021, c. 16[2] (but not the delivery of cannabis items and related supplies by a delivery service which is located in another municipality).
	Any alternative treatment centers and other medicinal cannabis establishments engaged in the cultivation, manufacturing, wholesaling, warehousing, distribution, retail dispensing or delivery (originating from within the Township) of medicinal cannabis.
	All commercial manufacturing and service provisioning of psilocybin, psilocin and psilocybe spores. "Manufacturing" and "service provisioning" means the planting, cultivation, growing, harvesting, production preparation, propagation, compounding, conversion or processing of, retail or wholesaling sale of, warehousing, delivery (originating from within the Township), or client administration sessions of under the supervision of a service facilitator or provider, operation of a testing lab of, operation of an alternate treatment facility or other facility licensed to administer and guide and/or monitor clients through episodes associated with the use of psilocybin.

NOTE:

* Integrated farm stands of less than 100 square feet are permitted in all zones as accessory uses.

[2] Editor's Note: See N.J.S.A. 24:6I-33.

B. Business districts.

		Districts Where Permitted
		B-1 Neighborhood Business	B-2 Highway Business
Principal permitted and conditional uses:
	Banks and financial institutions	PPU	PPU
	Child- care centers (as regulated in § 400-17)	PPU	PPU
	Clubs and fraternal organizations	PPU	PPU
	Detached one-family dwellings	PPU	CU
	Drive-in uses, including banks and financial institutions	CU	PPU
	Essential services	PPU	PPU
	Essential service buildings	CU	PPU
	Farms	PPU	PPU
	Funeral homes	PPU	PPU
	Gasoline service stations	PPU	PPU
	Hotels and motels	—	PPU
	Institutional and public uses	PPU	PPU
	Offices (professional, business and administrative)	PPU	PPU
	Off-street parking	—	PPU
	Professional offices in dwellings	PPU	PPU
	Private garages	PPU	PPU
	Public garages	—	PPU
	Recreation facilities, commercial	CU	PPU
	Repair garages	PPU	PPU
	Retail services	PPU	PPU
	Retail trade	PPU	PPU
	Roadside stand, commercial	PPU	PPU
	Solar or photovoltaic energy facilities	—	PPU
	Vehicular sales	—	PPU
Accessory uses		Permitted in all zones
	Customary accessory uses
	Off-street parking and private garages
	Signs
Prohibited uses:		Prohibited in all zones
	All classes of cannabis establishments as said terms are defined in Section 3 of P.L. 2021, c. 16[3] (but not the delivery of cannabis items and related supplies by a delivery service which is located in another municipality).
	Any alternative treatment centers and other medicinal cannabis establishments engaged in the cultivation, manufacturing, wholesaling, warehousing, distribution, retail dispensing or delivery (originating from within the Township) of medicinal cannabis.
	All commercial manufacturing and service provisioning of psilocybin, psilocin and psilocybe spores. "Manufacturing" and "service provisioning" means the planting, cultivation, growing, harvesting, production preparation, propagation, compounding, conversion or processing of, retail or wholesaling sale of, warehousing, delivery (originating from within the Township), or client administration sessions of under the supervision of a service facilitator or provider, operation of a testing lab of, operation of an alternate treatment facility or other facility licensed to administer and guide and/or monitor clients through episodes associated with the use of psilocybin.

[3] Editor's Note: See N.J.S.A. 24:6I-33.

C. Industrial District.

		I Industrial District
Principal permitted and conditional uses:
	Business, administrative, executive and professional offices.	PPU
	Child care centers (as regulated in § 400-17)	PPU
	Detached one-family dwellings	CU
	Essential services	PPU
	Essential service buildings	PPU
	Farms	PPU
	Industrial and manufacturing uses	PPU
	Institutional and public uses	CU
	Off-street parking	CU
	Research laboratories	PPU
	Roadside stands, commercial	CU
	Solar or photovoltaic energy facilities	PPU
Accessory uses:		Permitted in Industrial Zone
	Customary accessory uses
	Signs (as regulated in § 400-13)
	Parking (as regulated in Article V)
Prohibited uses:		Prohibited in all zones
	All classes of cannabis establishments as said terms are defined in Section 3 of P.L. 2021, c. 16[4] (but not the delivery of cannabis items and related supplies by a delivery service which is located in another municipality).
	Any alternative treatment centers and other medicinal cannabis establishments engaged in the cultivation, manufacturing, wholesaling, warehousing, distribution, retail dispensing or delivery (originating from within the Township) of medicinal cannabis.
	All commercial manufacturing and service provisioning of psilocybin, psilocin and psilocybe spores. "Manufacturing" and "service provisioning" means the planting, cultivation, growing, harvesting, production preparation, propagation, compounding, conversion or processing of, retail or wholesaling sale of, warehousing, delivery (originating from within the Township), or client administration sessions of under the supervision of a service facilitator or provider, operation of a testing lab of, operation of an alternate treatment facility or other facility licensed to administer and guide and/or monitor clients through episodes associated with the use of psilocybin.

[4] Editor's Note: See N.J.S.A. 24:6I-33.

[1] Editor's Note: For use regulations pertaining to the Highlands Area, see Ch. 230, Art. V, Highlands Area Zone District Regulations.

§ 400-10 Accessory uses and structures; personal recreational facilities; fences and walls.

[Amended by Ord. No. 23-1989; Ord. No. 12-1997]

A. Accessory structures.

(1) Except as otherwise specifically provided in this chapter, no accessory structures shall be located in any required side, front or rear yard.

(2) In the R-15 Zone, accessory structures may be erected in the rear yard not closer than 10 feet to the side lot line and 20 feet to the rear lot line.

(3) No portion of any accessory structure shall be used for human habitation.

[Amended 4-18-2007 by Ord. No. 2007-7]

(4) When an accessory structure is attached to the principal building it shall be considered as a part of the principal building and it shall comply in all respects with the requirements of this chapter applicable to the principal structure.

(5) Accessory structures shall be included in meeting the maximum impervious surface requirements in Schedule I.[1]

[1] Editor's Note: Schedule I, Schedule of Lot, Yard, Height and Bulk Requirements, is included in at the end of this chapter.

(6) Not more than two accessory buildings shall be permitted on any lot of 1.5 acres or less, and not more than three accessory buildings shall be permitted on any lot of more than 1.5 acres.

(7) Structures on farms used for housing of farm animals shall be located no closer than 100 feet to any property line or 200 feet to any residence on adjacent property whichever imposes the greater restriction, except that no such structure need be further than 50 feet from the nearest right-of-way line of an existing road. Structures on farms used for housing farm animals before November 1, 1989, and in continued use for farm animals shall be exempt from this setback provision.

B. Personal recreational facilities in residential zones. Except for portable swimming pools less than three feet in height and less than 10 feet in length or diameter, the following regulations shall apply to permanent and portable swimming pools, tennis courts and similar personal recreation facilities:

(1) The use shall be erected on the same lot as the principal structure and shall require a construction permit.

(2) The use may be erected in the side and/or rear yard and shall be not less than 50 feet from any lot line.

(3) The use shall be appropriately screened so as not to adversely affect adjoining properties and fenced in accordance with the Uniform Construction Code.

(4) Lighting which extends the hours of operation, other than in-pool lights, shall be prohibited.

(5) In the case of swimming pools, all measurements shall be from the pool apron, and provision for drainage shall be approved as part of the construction permit.

C. Fences or walls.

(1) No fence, wall or landscaping or hedges used as a fence or wall shall be so constructed or installed so as to constitute a hazard to traffic or safety.

(2) Security fences shall be permitted in connection with any business or industry upon proper application to the Construction Official.

D. Standards for solar, wind and outdoor wood-burning facilities as permitted accessory uses and structures. Small wind energy systems shall require minor site plan approval.

[Added 9-7-2011 by Ord. No. 2011-08]

(1) Solar energy facilities.

(a) Solar energy facilities are permitted on the roof of buildings.

(b) Ground-mounted solar energy facilities are permitted and shall comply with the required setbacks for a principal building.

(c) The maximum height of a ground-mounted solar energy facility shall be 15 feet.

(d) In order to provide notice to emergency services personnel, dwellings with solar energy facilities shall have posted in a conspicuous place a permanent, reflective sign indicating that an alternative power supply is located on the property. The sign and its location shall be as approved by the Construction Code Official.

(e) Abandonment.

[1] A solar energy facility that is out of service for a continuous twelve-month period will be deemed to be abandoned. The Zoning Officer shall issue a notice of abandonment to the owner of a solar energy facility that is deemed to be abandoned. The notice shall be sent return receipt requested.

[2] The property owner shall have 30 days to respond to the notice of abandonment from the receipt date of the notice.

[3] If the property owner provides information that demonstrates the solar energy facility has not been abandoned, the Zoning Officer shall withdraw the notice of abandonment and notify the property owner that the notice has been withdrawn.

[4] If the Zoning Officer determines the solar energy facility has been abandoned, the property owner shall remove the facility in its entirety at the owner's sole expense within three months after the owner receives the notice of abandonment.

[5] If the property owner fails to remove the facility in the time allowed under Subsection D(1)(e)[4] above, then the Township may remove such system and place a lien on the property for the cost of the removal.

(2) Outdoor wood-burning furnaces/boilers.

(a) The minimum height of the chimney shall be 16 feet from ground level, and the maximum height shall be two feet above the peak of the residence.

(b) The minimum required setbacks for the wood-burning furnace/boiler shall be as follows:

[1] The wood-burning furnace/boiler shall be located to the rear of the principal residence on the property, and in no case shall the minimum front yard setback for the furnace/boiler be less than the minimum required in the zoning district plus 20 feet.

[2] The minimum side and rear yard setbacks shall be 160 feet from the boiler to the property line. If these setbacks cannot be met, an outdoor wood-burning furnace/boiler may be installed, provided that the minimum setback from the boiler to a residence located on an adjoining property shall be 275 feet.

(c) The period of operation shall be limited to October 1 to April 30.

(d) Only seasoned wood may be utilized.

(e) The wood-burning furnace/boiler shall be certified by the U.S. Environmental Protection Agency (EPA) as meeting or exceeding the most current applicable EPA emission standards.

(f) Legally existing wood-burning furnaces/boilers that were compliant at the time of installation may be repaired and replaced, provided that the standards in Subsection D(2)(a), (d) and (e) above are complied with.

(g) In order to provide notice to emergency services personnel, dwellings with outdoor wood-burning furnaces/boilers shall post in a conspicuous place a permanent, reflective sign indicating that an alternative power supply is located on the property. The sign and its location shall be as approved by the Construction Code Official.

(3) Small wind energy systems.

(a) Minimum lot area.

[1] For small wind energy systems with a system height of 35 feet or less, the minimum lot area shall be the minimum lot area permitted in the zone.

[2] For small wind energy systems with a system height of 65 feet or less, the minimum lot area shall be 5 acres.

[3] For small wind energy systems with a height greater than 65 feet, the minimum lot area shall be 10 acres.

(b) The maximum height shall be 120 feet.

(c) Setbacks.

[1] For small wind energy systems with a system height of 65 feet or less, the minimum setback from any property line shall be 120% of the system height.

[2] For small wind energy systems with a system height greater than 65 feet, the minimum setback from any property line shall be 150% of the system height.

(d) The wind generator and the tower shall remain painted or finished in the color or finish that was originally applied by the manufacturer, unless a different color or finish is approved by the approving authority.

(e) There shall be no signs that are visible from any public road or neighboring property posted on a small wind generator system or any associated building, except for the manufacturer's or installer's identification, appropriate warning sign, or owner identification.

(f) Sound levels of the wind energy system shall not exceed 55 decibels as measured at the site property line.

(g) In order to provide notice to emergency services personnel, dwellings with small wind energy systems shall have posted in a conspicuous place a permanent, reflective sign indicating that an alternative power supply is located on the property. The sign and its location shall be as approved by the Construction Code Official.

(h) Abandonment.

[1] A small wind energy system that is out of service for a continuous twelve-month period will be deemed to be abandoned. The Zoning Officer shall issue a notice of abandonment to the owner of a small wind energy system that is deemed to be abandoned. The notice shall be sent return receipt requested.

[2] The property owner shall have 30 days to respond to the notice of abandonment from the receipt date of the notice.

[3] If the property owner provides information that demonstrates the small wind energy system has not been abandoned, the Zoning Officer shall withdraw the notice of abandonment and notify the property owner that the notice has been withdrawn.

[4] If the Zoning Officer determines the small wind energy system has been abandoned, the property owner shall remove the facility in its entirety at the owner's sole expense within three months after the owner receives the notice of abandonment.

[5] If the property owner fails to remove the facility in the time allowed under Subsection D(3)(h)[4] above, then the Township may remove such system and place a lien on the property for the cost of the removal.

(i) The small wind energy system shall not cause flickering shadows on adjoining properties.

(j) The wind generator blades shall extend no closer to the ground than 12 feet from ground level.

(k) All components of the small wind energy system shall be enclosed within a six-foot-high fence, unless the system is located on the roof of a building.

E. Home occupations requiring review by Zoning Officer:

(1) Home occupations that conform to the following standards shall not require minor site plan approval but shall be reviewed by the Zoning Officer for compliance:

(a) The home occupations shall be conducted entirely within a principal building or a permitted accessory building.

(b) Not more than 20% of the gross floor area of the principal building, not including any cellar, shall be used for the home occupation, and the home occupation shall not occupy more than 1,000 square feet of all buildings, both principal and accessory.

(c) Not more than two light commercial vehicles may be kept on the premises in connection with the home occupation.

(d) Not more than one nonresident of the premises shall be employed in connection with the home occupation.

(e) Not more than one delivery and one shipment per day of goods, chattels, materials, supplies, or items of any kind shall be made either to or from the premises in connection with the home occupation except in a vehicle owned by the resident and kept on the premises.

(f) Not more than one home occupation shall be permitted in a principal building or the permitted accessory building.

(g) There shall be no nuisance element detectable beyond the property line in connection with the home occupation.

(h) The amount and method of storage of any hazardous material proposed to be kept on the premises shall be indicated on the application, and approval(s) of the method of storage and disposal shall be provided to the Zoning Officer.

(i) Only a single sign, not to exceed 20 inches by 30 inches, shall be permitted.

(j) The Zoning Officer, in consultation with the Township Engineer, shall determine a reasonable off-street parking requirement.

(2) Home occupations in this category are exempt from Planning Board review, and may be authorized by the Zoning Officer. The Zoning Officer shall report to the Planning Board, at its first meeting of the month, all authorizations for this category of home occupations granted or denied during the previous month, together with a copy of the checklist for each application.

F. Exempt home occupations.

(1) Exempt home occupations are a permitted accessory use in all residential zones, provided they do not require or involve the following:

(a) Use of any building other than the principal residence.

(b) Use of more than 20% of the gross floor area of the principal building, not including any cellar.

(c) More than one light commercial vehicle.

(d) Nonresident employees.

(e) Customer or client visitation at the home.

(f) More than one delivery of goods, materials, or supplies per day.

(g) More than one shipment through an outside carrier per week.

(h) There shall be no nuisance element detectable beyond the property line in connection with the home occupation.

(i) Outside storage of materials, equipment, or products produced.

(2) Exempt home occupations are exempt from Planning Board review and may be authorized by the Zoning Officer upon filing of a checklist for exempt home occupations. The Zoning Officer shall report to the Planning Board, at its first meeting of the month, all authorizations for exempt home occupations granted or denied during the previous month, together with a copy of the checklist for each application.

§ 400-11 Conditional uses.

[Amended by Ord. No. 12-1981; Ord. No. 11-1983; Ord. No. 27-1987; Ord. No. 15-1990; Ord. No. 4-1991; Ord. No. 5-1991; Ord. No. 8-1998]

A. General. The Planning Board shall not approve a conditional use unless it finds that the use meets all the requirements of this chapter, does not substantially impair the use and enjoyment of surrounding properties, and does not substantially impair the character of the surrounding area and does not have any substantial adverse effect on surrounding properties. All conditional uses shall be subject to site plan review in accordance with Article IV of this chapter. Public notice of the application shall be filed in accordance with § 400-55. Where the regulations set forth a specific requirement or dimension for setbacks or other controls, the Planning Board may impose a higher or stricter control or limit if testimony before the Planning Board so warrants.

B. Conditions for specific conditional uses.

(1) Animal farms.

(a) The minimum area shall be seven acres.

(b) Structures housing animals must be a minimum of 200 feet from any residences on adjacent or abutting lots, a minimum of 100 feet from any property line, and 50 feet from the nearest right-of-way of existing road.

(c) The farm shall be designed and operated to minimize noise and odors and to maximize security and sanitation.

(d) All state and federal regulations, including permits and criteria for possession of exotic animals, shall be adhered to.

(e) Copies of all permits required must be filed with the Township.

(f) An animal farm cannot be open to the general public with or without a charge or a fee.

(g) The Board may impose reasonable regulations for screening, landscaping and similar precautions to prevent the animal farms from having a substantial adverse effect on surrounding properties.

(2) Camps, private country clubs and private recreation facilities.

(a) No building shall be located within 100 feet of any property line and 50 feet from the right-of-way of an existing road.

(b) Retail sales shall be restricted to members and their guests only.

(c) Unenclosed recreational facilities shall be located not less than 100 feet from any property line, and shall be effectively screened from adjoining residential uses.

(d) No public address system shall be permitted which is audible at any property line.

(e) The minimum size shall be sufficient in the opinion of the Planning Board to satisfactorily accommodate the activity without adversely affecting surrounding areas.

(3) Commercial recreation facilities.

(a) The site plan shall indicate specific measures to reduce the impact of such uses on other surrounding uses with respect to lights, traffic control, crowds, aesthetics and drainage runoff.

(b) The Board may, in conjunction with the applicant, impose reasonable hours of operation upon such uses.

(c) Such uses shall be available and open to all persons.

(4) Drive-in uses.

(a) Drive-in uses shall include drive-in restaurants, banks and theaters.

(b) Separate driveways for ingress and egress shall be provided.

(c) There shall be adequate stacking room on each lot, so as to preclude the public right-of-way from being used for stacking purposes.

(d) Particular care shall be given to buffering and solid waste management.

(e) Lighting shall be arranged so as not to constitute a nuisance to the traveling public or to adjacent uses.

(5) Essential service buildings.

(a) The minimum area shall be 1 1/2 acres.

(b) All such buildings shall be at least 50 feet from any property lines.

(c) As part of site plan review, the Planning Board may require buffering, fencing or landscaping to shield the building from adjacent properties.

(6) Home occupations.

[Amended 10-21-2009 by Ord. No. 2009-08; 8-4-2010 by Ord. No. 2010-10]

(a) Home occupations in the following category are subject to minor site plan approval by the municipal agency having jurisdiction:

[1] The home occupation shall be conducted entirely within a principal building and/or a permitted accessory building.

[2] Not more than 20% of the gross floor area of the principal building, not including any cellar, shall be used for the home occupation, and the home occupation shall not occupy more than 2,000 square feet of all buildings, both principal and accessory.

[3] Not more than two light commercial vehicles may be kept on the premises in connection with the home occupation.

[4] Not more than two nonresidents of the premises shall be employed in connection with the home occupation.

[5] Not more than one delivery and one shipment per day of goods, chattels, materials, supplies, or items of any kind shall be made either to or from the premises in connection with the home occupation, except in a vehicle owned by the resident and kept on the premises.

[6] Not more than two home occupations shall be permitted in a principal building and/or the permitted accessory building.

[7] There shall be no nuisance element detectable beyond the property line in connection with the home occupation.

[8] The amount and method of storage of any hazardous material proposed to be kept on the premises shall be indicated on the application.

[9] Only a single sign, not to exceed 20 inches by 30 inches, shall be permitted.

[10] The municipal agency having jurisdiction shall determine a reasonable off-street parking requirement consistent with proposed use and zoning ordinance.

(b) (Reserved)[1]

[1] Editor's Note: Former Subsection B(6)(b), concerning home occupations that require Zoning Officer review, and (c), Exempt home occupations, were renumbered as § 400-10E and F, respectively, 9-7-2011 by Ord. No. 2011-08.

(c) (Reserved)

(d) The checklist referred to under Exempt[2] home occupations, shall be in affidavit form and duly notarized as follows.[3]

[2] Editor's Note: For former Subsection B(6)(c), Exempt home occupations, see now § 400-10F.

[3] Editor's Note: The Checklist for Exempt Home Occupations is included at the end of this chapter.

(7) Improved nonconforming lots.

(a) The lot shall exist as a separate, isolated lot at the time of passage of this chapter.

(b) The owner of the isolated lot shall not own any additional land which would tend to make the lot conforming or more conforming.

(c) The principal structure shall be nonconforming due to inadequate setback, side yard or rear yard requirements only.

(d) The Board may permit any addition to the principal building, providing the existing nonconforming setback(s) are not further encroached upon.

(e) In considering the application, the Board shall determine that the addition shall not have any substantial adverse effect on adjacent properties with particular consideration for solar access, and light and air.

(f) The addition shall not increase the number of dwelling units than the number permitted in the zone. It shall not be used to provide for a supplemental apartment as permitted elsewhere in this chapter.

(g) No nonresidential nonconforming structure shall be permitted to be added to under this provision.

(8) Institutional and public uses.

(a) A minimum lot area of five acres.

(b) All of the required off-street parking shall be located on the same lot as the principal use.

(c) The maximum impervious surface of the lot shall not exceed that permitted in the zone where located.

(d) Each side yard shall be a minimum of 50 feet.

(e) The front and rear yards shall be a minimum of 100 feet.

(9) Kennels.

(a) The minimum lot area shall be seven acres.

(b) Structures housing dogs or exercise runs shall be a minimum of 500 feet from any residences on adjacent or abutting lots or 500 feet from any required front, side or rear yard lines when adjacent or abutting lots are vacant.

(c) Careful consideration shall be given to construction and site layout to minimize noise, odors and sanitary considerations. The Board may require additional screening, landscaping, and similar precautions to prevent kennels from having a substantial adverse effect on surrounding areas.

(d) All state regulations shall be complied with.

(10) Nursing homes.

(a) Minimum site area.

	Size of Facility	Minimum Site Area (acres)
	30 beds or less	5
	31 to 50 beds	10
	51 to 100 beds	12
	100 beds or more	15

(b) All state and federal requirements shall be complied with.

(11) Residential uses in nonresidential zones.

[Amended 5-29-2002 by Ord. No. 2002-4]

(a) Residential uses listed as conditional uses in the I Zone shall be permitted in accordance with the same standards of development as in the R-5 Zone, and residential uses listed as conditional uses in the B-2 Zone shall be permitted in accordance with the same standards of development as in the R-1 1/2 Zone.

(b) Such residences shall be arranged so as to be minimally affected by the nonresidential use.

(c) The minimum lot size shall be five acres in the I Zone and 1.5 acres in the B-2 Zone.

(12) Roadside stands, integrated.

(a) Only goods produced or processed to their salable form on the property, exclusive of any packaging material and similar items incidental to the sale, shall be permitted to be sold as part of any integrated roadside stand.

(b) The maximum size of an integrated roadside stand standing alone shall be 1,000 square feet.

(c) Where the selling area is located in a structure also being used for other purposes, such selling area shall be separated by permanent partitions (which may have doors) and such selling areas shall be limited to 1,000 square feet.

(d) One off-street parking space shall be provided for each 200 square feet of stand area with a minimum of two spaces. The spaces shall be designed and arranged so as not to create a traffic hazard or obstruction to the traveling public.

(e) No more than two signs not to exceed six square feet each shall be permitted on the premises.

(f) In its review of the site plan, the Planning Board may establish reasonable hours of operation and include regulations governing the use of lights.

(13) Supplementary apartments.

(a) A supplementary apartment shall be permitted in any single-family detached dwelling or an accessory building existing on July 1, 1987.

[Amended 10-2-2013 by Ord. No. 2013-10]

(b) The apartment shall have living and sleeping space, cooking facilities, a kitchen sink and complete sanitary facilities for the exclusive use of its occupants.

(c) The apartment shall consist of not less than two rooms, one of which shall be a bathroom containing a flush toilet, wash basin and bathroom tub or shower.

(d) All rooms shall be accessible from within the apartment.

(e) Both units shall be private and secure from one another.

(f) The apartment shall have private direct access to the outdoors or directly to a hall from which there is direct access to the outdoors without passing through any other dwelling unit.

(g) If the apartment is located on the second or third floor, there shall be at least two means of access to the outdoors, available at all times, as approved by the Construction Official. Exterior stairways for the supplementary apartment shall be located at the rear or side of the structure.

(h) No apartment shall be located above the third floor.

(i) The net floor area of the apartment shall be at least 400 square feet, and no bedroom shall have a net floor area of less than 80 square feet.

(j) The apartment shall occupy no more than 40% of the gross floor area of the principal structure, or a maximum of 1,200 square feet of an accessory building.

(k) At least two off-street parking spaces shall be provided for each apartment.

(l) The owner of the principal structure shall reside in the principal structure or the apartment at all times.

(m) Not more than one supplementary apartment shall be permitted on any lot, and the lot must contain at least 11 acres if located in the RC Zone and 7.5 acres if located in any other residential zone.

[Amended 5-29-2002 by Ord. No. 2002-4]

(n) An accessory building in which a supplementary apartment is built may not be used for any other purpose.

(o) A septic system complying with all applicable rules and regulations and separate from the septic system serving the principal structure shall be a condition of occupancy for the supplementary apartment.

(p) Prior to the construction of a supplementary apartment, the applicant shall secure a site plan approval from the Planning Board, and a building permit from the Construction Official. The Construction Official shall inspect and approve and then issue a certificate of occupancy prior to the apartment being occupied.

(14) Residential use in commercial or industrial buildings in business or industrial zones.

(a) A residential use may be permitted in a structure containing permitted commercial or industrial uses, provided that the residential use meets the standards for supplementary apartments [Subsection B(14)], except Subsection B(14)(l) and (m).

(b) The maximum size of said residential use shall not be larger than 1,200 square feet.

(c) Only one such residential use shall be permitted on a zone lot regardless of the number of structures on the lot.

(d) The residential use shall only be allowed in a structure containing commercial or industrial uses permitted in the zone as a principal permitted or conditional use.

(15) Roadside stands, commercial.

(a) At least 50% of the goods for sale shall be farm produce raised on the premises and/or other farm parcels owned or cultivated by the roadside stand operator. Other goods are limited to fresh vegetables, fruits and landscaping plants.

(b) The maximum size of a commercial roadside stand standing alone shall be 1,000 square feet.

(c) Where the selling area is located in a structure also being used for other purposes, such selling area shall be separated by permanent partitions (which may have doors), and such selling area shall be limited to 1,000 square feet.

(d) One off-street parking space shall be provided for each 200 square feet of stand area with a minimum of three spaces. The spaces shall be designed and arranged so as not to create a traffic hazard or obstruction to the traveling public.

(e) No more than two freestanding signs and one attached sign not to exceed 12 square feet each shall be permitted on the premises.

(f) In its review of the site plan, the Planning Board may establish reasonable hours of operation and include regulations governing the use of lights.

(16) Off-street parking in Industrial Zones.

(a) The lot on which the development is proposed shall have frontage on a state or county road.

§ 400-12 Outdoor storage.

No storage of merchandise, articles, or material shall be permitted in any zone except as may be specifically shown on an approved site plan. The provisions of this section shall not be construed to prohibit customary accessory uses in residential zones such as patios, picnic tables, outdoor fireplaces and similar uses.

§ 400-13 Signs.

[Amended by Ord. No. 11-1998]

Signs may be erected and maintained only when in compliance with the following provisions:

A. Signs in residential zones. Only the following types of nonadvertising [except as noted in Subsection A(2) below], nonflashing signs are permitted in all residential districts:

(1) Nameplate and identification signs. Signs indicating the name or address of the occupant, provided they shall be no larger than 20 inches by 30 inches. A home occupation may be included with the name of the occupant. Only one sign per dwelling unit is permitted.

(2) Sales or rental signs. Signs advertising the sale or rental of the premises upon which they are located may be permitted, provided that:

(a) The size of any such sign is not in excess of 12 square feet, unless the property is a previously subdivided lot between two developed lots; then the maximum size shall be six square feet.

(b) Not more than one sign is placed upon any property unless the property fronts on two roads, then one sign on each frontage shall be permitted.

(c) Such signs shall be promptly removed when property is sold or rented.

(3) Institutional signs. Signs of schools, colleges, churches or other institutions of a similar public or semipublic nature may be erected and maintained, provided:

(a) The size of such sign is not in excess of 25 square feet.

(b) Not more than one such sign is placed on a property, unless such property fronts upon more than one street, in which event two signs may be erected, one on each of two frontages.

(c) Signs shall not be erected within or project into the right-of-way of any street.

B. Commercial advertising signs. Advertising signs are permitted only in the B-1, B-2, and I Zones. The following regulations shall apply to all commercial advertising signs:

(1) Any sign attached to the building shall have a maximum area of 30 square feet or 5% of the building facade, whichever is smaller. If more than one sign is affixed to the building, the aggregate sign area shall not exceed 30 square feet or 5% of the building facade, whichever is smaller.

(2) One freestanding sign shall be permitted with a maximum area of 30 square feet and a maximum height of 15 feet.

(3) Signs shall be limited to advertising pertaining to the premises on which they are located.

(4) No billboards are permitted.

(5) Flashing or rotating signs are prohibited.

C. General regulations pertaining to signs. The following regulations shall apply to all permitted sign uses:

(1) Signs, other than official traffic or direction signs, shall not be erected within or project into the right-of-way of any street or shall be erected in such a manner as to interfere with sight distances or constitute a traffic hazard.

(2) A permit shall be required for the erection, alteration, or reconstruction of any advertising sign.

(3) Farm signs on farms shall not exceed 12 square feet in area, and one such sign may be erected on each road frontage.

D. Temporary signs. The following temporary signs shall be permitted in all districts of the Township, subject to general regulations applicable to all signs:

(1) Election, special election or referendum signs. Signs containing political advertising may be erected not more than four weeks prior to an election, and shall be removed within 48 hours after the completion of the event. Such signs shall not exceed four square feet on a side.

(2) Land development signs. Signs advertising the sale of property or structures in developments of two or more lots and signs advertising the opening or construction of a new business shall be permitted for a period up to three months, or until the signing of the contract or transaction of sale or lease of the last lot or structure in the development. Such signs shall not exceed six square feet on a side, and only one such sign shall be permitted per lot or tract.

(3) "For sale" and "for rent" signs. One temporary sign shall be permitted per lot. The sign may identify, by name and telephone number, the owner or the New Jersey licensed real estate broker, if any, given the right to sell or lease the property. The following additional criteria shall apply:

(a) For a residential lot or building, the sign shall not exceed four square feet in area on any one side. For a nonresidential lot or building, the sign shall not exceed 12 square feet.

(b) The sign shall be removed from the premises within two days after closing of sale or signing of lease for the premises.

(c) One "open house" sign shall be permitted on the property for sale for a forty-eight-hour period immediately preceding the open house and must be removed within 48 hours of the original posting.

(4) Signs for public and charitable purposes. Nonprofit organizations may display no more than one sign per event for each road upon which the site has frontage, which may be placed on site no earlier than two weeks before and must be removed within 48 hours after the event. A permit shall be obtained from the Township Zoning Officer. Such sign shall not exceed 32 square feet.

(5) Window signs. Business establishments shall be permitted temporary signs displayed in windows for the advertising of community events and for the advertising and promotion of special services and goods available on the premises. Such signs shall not be placed on doors and may only be located on the interior of the windows. The total sign coverage shall not exceed 20% of the business's interior window area. Temporary window signs may be posted for no longer than 60 days, provided the date of posting is shown on the sign.

(6) Temporary signs identifying architects, builders, realtors and contractors on premises. Only one sign per contractor is permitted for a period not exceeding the time required for such construction to be completed, and such sign shall be removed within 48 hours after the work is completed. Such sign shall not exceed four square feet.

E. Prohibited signs. The following signs shall be prohibited in all zoning districts of the Township:

(1) Signs painted on exterior walls of any structure.

(2) Signs higher than 10 feet.

(3) Signs which may impede, interfere with or distract from the operation of any traffic control device.

(4) Signs which include any flashing, blinking, rotating or moving parts, or neon sign, or signs containing reflective enhancing materials.

(5) Signs erected or placed upon the top or roof of any building.

(6) Signs, except "no trespassing" signs, mounted, erected or maintained on a utility pole, tree, in a public right-of-way or on a water tower, standpipe, tower, or other similar structure not specifically constructed to support a permitted sign.

(7) The use of pennants, streamers, balloons, windmills, or other moving devices, searchlights, banners or flashing or animated signs is prohibited, except that a banner advertising the opening of a new business establishment may be permitted for up to two weeks from the date of opening. All flags must be displayed so that they do not impede the flow of pedestrian traffic.

(8) Signs extending more than three inches from the surface of a wall but less than eight feet from the ground level below the sign.

(9) Signs, illustrations or symbols shall not be placed so as to interfere with the opening of an exit door of any building, to interfere with the use of any fire escape, or to create a hazard to pedestrians.

(10) Trailers or vehicles whose main use is the display of signs are prohibited.

(11) Changeable information signs.

(12) Any sign which impedes the flow of pedestrian traffic.

(13) Any sign which is not securely attached to a building or securely implanted into the ground.

(14) Internally luminated signs.

§ 400-14 Right to farm.

[Added by Ord. No. 24-1989; amended by Ord. No. 12-1997]

A. The right-to-farm land is hereby recognized to exist in this Township and is hereby declared a permitted use in all zones of this Township notwithstanding specified and prohibited uses set forth elsewhere in this chapter, provided that the owner or operator meets the eligibility criteria for differential property taxation pursuant to the Farmland Assessment Act of 1964, P.L. 1964, c. 48 (N.J.S.A. 54:4-23.1 et seq.), the operation of the farm conforms to agricultural management practices recommended by the State Agricultural Development Committee and all relevant federal or state statutes or rules and regulation adopted pursuant thereto, and the operation does not pose a direct threat to public health and safety. This right-to-farm includes, but is not limited to:

(1) Use of irrigation pumps and equipment, aerial and ground seeding and spraying, tractors and other equipment.

(2) Use of necessary farm laborers.

(3) The application of chemical fertilizers, insecticides and herbicides, and the application of manure.

(4) The grazing of animals and use of range for fowl, subject to the standards and regulations for intensive fowl and livestock use.

(5) Construction of fences for these animals and livestock.

(6) The traveling and transportation of large, slow-moving equipment over roads within the Township.

(7) The control of vermin and pests, provided that such control is practiced under applicable state fish and game laws.

(8) The on-site disposal of organic agricultural wastes.

B. The purpose of these rights is to produce agricultural and horticultural crops, trees and forest products, livestock, and poultry and other commodities as described in the Standard Industrial Classification for agriculture, forestry, fishing and trapping.

C. The foregoing uses, activities and rights, when reasonable and necessary for farming, livestock or fowl production and when conducted in accordance with agricultural management practices recommended by the State Agricultural Development Committee, may occur on holidays, Sundays and weekends by day or night and shall include the attendant or incidental noise, odors, dust and fumes associated with these practices.

D. It is hereby determined that whatever nuisance may be caused to others by these uses and activities is more than offset by the benefits from farming to the neighborhood community and society in general by preservation of open space, the beauty of the countryside and clean air. The preservation and continuance of farming operations in Lebanon Township and New Jersey is a source of agricultural products for this and future generations and saves a nonreplenishable resource, i.e., the land.

E. Each deed of conveyance of land shall contain a recital as follows:

"The Township of Lebanon acknowledges that a substantial quantity of land is devoted to active agricultural uses and further acknowledges the right of that landowner to continue to farm. Therefore, the grantee, his heirs and assigns are hereby on notice that the adjoining land or lands in the vicinity are actively being farmed and the other farmland owner has the continued right to farm under the provisions of § 400-14 of the Zoning Chapter of the Code of the Township of Lebanon."

§ 400-15 Wireless telecommunications equipment and facilities.

[Added by Ord. No. 31-1998]

A. Purpose. The purpose of this section is to provide sound land use policies, procedures and regulations for the location and placement of wireless telecommunications structures, antennas and equipment within the Township of Lebanon in order to protect the community from the visual and other adverse impacts of wireless telecommunications facilities and to preserve the scenic and historic character of the countryside that the Lebanon Township Master Plan seeks to protect. This section seeks to meet the mandate of the Telecommunications Act of 1996, and at the same time, without limiting the generality of the foregoing, to:

(1) Protect residential areas and land uses from the potential adverse impacts of towers and antennas;

(2) Encourage the location of towers in nonresidential areas and along major transportation corridors;

(3) Minimize the total number of towers throughout the community;

(4) Strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers;

(5) Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;

(6) Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape, screening, and innovative camouflaging techniques;

(7) Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently;

(8) Consider the public health and safety of communications towers;

(9) Avoid potential damage to adjacent properties from tower failure through proper engineering and careful siting of tower structures; and

(10) Ensure through proper siting and design that towers and antennas do not cause electromagnetic interference for surrounding property owners.

B. Permitted use/conditional use treatment.

(1) Notwithstanding anything in this Chapter 400 to the contrary, the installation of wireless telecommunications antennas on existing structures, consistent with the visual compatibility requirements of Subsection C below, shall be a permitted use in all nonresidential zone districts and a conditional use in all residential zone districts of the Township. When proposed as a conditional use, the applicant shall meet the standards of Subsection D.

(2) Notwithstanding anything in this Chapter 400 to the contrary, wireless telecommunications towers consistent with the provisions of Subsection C(1), (2) and (3), and Subsection D, shall be a conditional use within all zone districts of the Township.

(3) Notwithstanding anything in this Chapter 400 to the contrary, no new wireless telecommunications tower shall be permitted unless the applicant demonstrates with convincing clarity to the Planning Board that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's need for a proposed antenna. Costs of alternative technology that exceed new wireless telecommunications tower or wireless telecommunications antenna development shall not be presumed to render any alternative technology unsuitable or unavailable.

C. Visual compatibility requirements.

(1) Wireless telecommunications antennas on existing structures or buildings and wireless telecommunications towers shall be designed, located and screened to blend with and into the existing natural or built surroundings so as to eliminate, to the maximum extent practicable and without regard to cost, adverse visual impacts through the use of color and camouflaging, architectural treatment, landscaping, and other appropriate means which shall cause the visual impact of such antennas and towers to be compatible with neighboring residences and the character of the community as a whole.

(2) Wireless telecommunications antennas on existing structures or buildings and wireless telecommunications towers shall be placed to ensure that historic districts, historically significant viewscapes, streetscapes, and landscapes are not visually impaired and are protected against any visual impairment from wireless telecommunications facilities. The views of and vistas from architecturally and/or significant structures shall not be impaired or diminished by the placement of telecommunications facilities.

(3) The wireless telecommunications equipment compound shall be located to avoid being visually solitary or prominent when viewed from residential areas and the public way.

(4) The wireless telecommunications equipment compound shall be enclosed within a solid wooden fence at least seven feet and no more than eight feet high, as approved by the Township Engineer, which shall include a locking security gate. The height of the equipment building shall not exceed 12 feet.

(5) A wireless telecommunications equipment compound consisting of no more than 1,500 square feet may be erected in support of wireless telecommunications antenna but only if:

(a) It is situated behind existing vegetation, tree cover, structures, buildings or terrain features which will shield completely the wireless telecommunications equipment compound from public view; or

(b) When a location completely out of public view is not possible, a landscape buffer of 20 feet in width shall be provided outside the fence around the wireless telecommunications equipment compound, to shield completely the facility from public view. Landscaping shall include native evergreen and deciduous trees at least eight feet high at the time of planting, and the number of trees shall be based on the equivalent of staggered double rows at 15 feet on center; and

(c) It otherwise complies with the requirements of this chapter.

D. Conditional use standards for the location of wireless telecommunications antennas or towers.

(1) An applicant desiring to construct wireless telecommunications antennas in residential zones or towers in any zone shall demonstrate to the satisfaction of the Planning Board, through the presentation and introduction of documentary and parole evidence, each of the following:

(a) The need for wireless telecommunications antennas at the proposed location. The evidence presented and introduced to the Planning Board shall describe in detail the wireless telecommunications network layout and its coverage area requirements; and the need for new wireless telecommunications facilities at a specific location within the Township. The applicant shall also provide evidence to the satisfaction of the Planning Board of all alternate wireless network plan designs which would not require the applicant to construct a wireless telecommunications tower at the proposed location;

(b) That the applicant has exercised its best efforts to locate the wireless telecommunications antennas on existing buildings or structures within the applicant's search area. Without otherwise limiting the nature of the evidence to be provided by the applicant in order to meet its burden on this issue, the applicant shall provide to the Planning Board copies of all correspondence from and between the wireless telecommunications provider and the property owners of the existing buildings or structures. The failure of the applicant to present evidence of the foregoing shall constitute a rebuttable presumption that the applicant has not exercised its best efforts as required herein. Evidence demonstrating that no existing wireless telecommunications tower or building or structure can accommodate the provider's proposed antenna may consist of any one or more of the following:

[1] No existing towers or structures are located within the geographic area that is necessary to meet the provider's radio frequency engineering requirement to provide reliable coverage.

[2] Existing towers or structures are not of sufficient height and cannot be made to be of sufficient height to meet the provider's radio frequency engineering requirements, or do not have sufficient structural strength to support the provider's proposed antenna and related equipment.

[3] The provider's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures or the antenna on the existing towers or structures would cause interference with the provider's proposed antenna.

[4] The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are patently unreasonable. Actual, direct costs exceeding new tower design, development, and construction are presumed to be patently unreasonable.

[5] The provider demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

(c) The locations of all existing communications towers and other structures of not more than 150 feet in height within the applicant's search area and provide competent testimony by a radio frequency engineer regarding the suitability of each location so identified by the applicant in light of the design of the wireless telecommunications network, and the alternate network designs identified pursuant to Subsection D(1)(a) above;

(d) Where a suitable location on an existing tower or other structure is found to exist, but the applicant is unable to secure an agreement to collocate its equipment on such tower or other structure, the applicant shall provide sufficient and credible written evidence of its attempt or attempts to collocate;

(e) A full, complete description of all alternative technologies not requiring the use of towers or other structures to provide the services to be provided by the applicant through the use of the proposed tower;

(f) That the applicant has exercised its best efforts to site new wireless antennas, equipment or towers within the applicant's search area according to the priority schedule below. Without otherwise limiting the nature of the evidence to be provided by the applicant in order to meet its burden on this issue, the applicant shall provide to the Planning Board the block and lot number of any parcel for which the wireless provider has attempted to secure a lease or purchase agreement and copies of all correspondence from and between the wireless provider and the property owner; the failure of the applicant to present evidence of the foregoing shall constitute a rebuttable presumption that the applicant has not exercised its best efforts as required herein; and

	Priority	Zone*	Equipment	Location	Permitted or Conditional
	1	Commercial/ transportation	Antenna	Collocated with other antennas on existing structure or tower within a transportation corridor	P
	2	Commercial/ transportation	Antenna	Existing structure or tower within a transportation corridor	P
	3	Commercial	Antenna	Collocated with other antennas on existing structures or towers	P
	4	Commercial	Antenna	Existing structure or tower	P
	5	Residential/ transportation	Antenna	Collocated with other antennas on existing structures or tower within a transportation corridor	C
	6	Residential/ transportation	Antenna	Existing structure or tower	C
	7	Residential	Antenna	Collocated with other antenna on existing structure or tower	C
	8	Residential	Antenna	Existing structure or tower	C
	9	Commercial/ Transportation	Tower	Construct a tower within a commercial transportation corridor	C
	10	Commercial	Tower	Construct a tower in a commercial area	C
	11	Residential/ Transportation	Tower	Construct a tower within a residential transportation corridor	C
	12	Residential	Tower	Construct a tower in a residential zone	C

	* NOTES:
		"Commercial" includes the B-1, B-2 and I Zones.
		"Transportation" means the lot has frontage on Route 31 or Route 513.

(g) Comply with the Township standard that no wireless telecommunications towers shall be permitted which would require lighting affixed thereto under FCC, FAA or any other governmental agency regulations or requirements.

E. Bulk standards. An applicant desiring to construct a wireless telecommunications tower who has satisfied the requirements of Subsection D above shall also satisfy the following bulk standards, which bulk standards shall be interpreted and reviewed pursuant to N.J.S.A. 40:55D-70c:

(1) Minimum lot size: as required by the zone district in which located, or two acres, whichever is larger.

(2) Minimum setback of wireless telecommunications tower from:

(a) Any property line: the zone district setback requirement or the tower height, whichever is greater.

(b) Any existing residence in a nonresidential zone: 500 feet.

(c) Any existing residence in a residential zone: 1,000 feet.

(d) Any wireless telecommunications tower: 5,280 feet.

(3) Minimum setback for equipment compound from any property line: the zone district setback requirements for a principal building.

(4) Maximum height of wireless telecommunications tower (exclusive of lightning rod) designed to accommodate:

(a) Three or more vendors: 150 feet.

(b) Two vendors: 120 feet.

(c) Single vendor: 100 feet.

(5) Maximum height of attached antenna: 10 feet beyond the edge of the building or structure on which attached.

F. Site plan application requirements for the installation of wireless telecommunications towers.

(1) All site plan details required by § 400-30 shall be provided and shall include the site boundaries; tower location; existing and proposed structures, including accessory structures; existing and proposed ground-mounted equipment; vehicular parking and access; and uses, structures, and land use designations on the site and abutting parcels.

(2) A landscape plan drawn to scale showing proposed landscaping, including species type, size, spacing, other landscape features, and existing vegetation to be retained, removed or replaced.

(3) A report from a qualified expert certifying that the wireless telecommunications tower and equipment facility comply with the latest structural and wind loading requirements as set forth in the Building Officials and Code Administrators (BOCA) International, Inc. Code; or the Electronic Industries Association/Telecommunications Industries Association (EIA/TIA) 222 Revision F Standard, entitled "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures" (or equivalent), as it may be updated or amended; or such other code as may apply to these facilities, including a description of the number and type of antennas it is designed to accommodate.

(4) A binding, irrevocable letter of commitment by the applicant to lease excess space on the tower to other potential users at prevailing market rates and conditions. The letter of commitment shall be recorded prior to issuance of a building permit. The letter shall commit and be binding upon the tower owner and successors in interest.

(5) Elevations of the proposed tower and accessory building generally depicting all proposed antennas, platforms, finish materials, and all other accessory equipment.

(6) A copy of the lease or deed for the property.

(7) A plan which shall reference all existing wireless telecommunications facilities in the Township, any such facilities in the abutting towns which provide service to areas within Lebanon Township, and any changes proposed within the following twelve-month period, including plans for new locations and the discontinuance or relocation of existing facilities.

(8) Perspectives of the proposed tower at the proposed location from several sides from distances of 1,000 feet, 1/2 mile and one mile drawn to an appropriate scale.

G. Design standards.

(1) The wireless telecommunications tower shall be designed and constructed so as to accommodate at least three antenna arrays of separate telecommunication providers (the applicant's plus two collocators).

(2) Signs shall not be permitted except for a sign displaying owner contact information, warnings, equipment information, and safety instructions. Such sign shall not exceed two square feet in area. No commercial advertising shall be permitted on any wireless telecommunications facility.

(3) No lighting is permitted except as follows:

(a) Wireless telecommunications equipment compounds enclosing electronic equipment may have security and safety lighting at the entrance, provided that the light is attached to the facility, is no greater than 150 watts, is focused downward and is on timing devices and/or sensors so that the light is turned off when not needed for safety or security purposes; and

(b) No lighting is permitted on a wireless telecommunications tower.

(4) Wireless telecommunications antennas and towers shall be maintained to assure their continued structural integrity, and shall be inspected at least once a year by the owner or operator. The results of the inspection shall be filed with the Construction Code Official. The owner of the tower or antenna shall also perform such other maintenance of the structure and of the site as to assure that it does not create a visual nuisance.

(5) Wireless telecommunications towers shall be of a color appropriate to the tower's locational context and to make it as unobtrusive as possible, unless otherwise required by the Federal Aviation Administration (FAA).

(6) Wireless telecommunications facilities shall be surrounded by security features such as a fence. All towers shall be designed with anti-climbing devices in order to prevent unauthorized access. Additional safety devices shall be permitted or required, as needed, and as approved by the approving authority.

(7) Any proposed new telecommunications tower shall be a monopole unless the applicant can demonstrate that a different type pole is necessary for the collocation of additional antennas on the tower. Such towers may employ camouflage technology.

(8) No equipment shall be operated so as to produce noise in excess of the limits set by N.J.A.C. 7:29-1.1 et seq., except for in emergency situations requiring the use of a backup generator.

(9) Wireless telecommunications towers and antennas shall be constructed to the Electronic Industries Association/Telecommunications Industries Association (EIA/TIA) 222 Revision F Standard entitled "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures" (or equivalent), as it may be updated or amended.

(10) The proposed tower and antenna shall not produce electromagnetic interference affecting surrounding property owners, and the tower owner shall remedy any problems that can be shown to be caused by the tower or antenna, in accordance with applicable FCC regulations.

H. Antenna modifications.

(1) Whenever antennas are modified, operators of wireless telecommunications facilities shall provide to Lebanon Township a report from a qualified expert certifying that a wireless telecommunications tower or building or other support structure as modified complies with the latest structural and wind loading requirements as set forth in the Building Officials and Code Administrators (BOCA) International, Inc. Code and the EIA/TIA Standard referenced above. Such modifications shall be subject to site plan review and approval.

(2) Operators of wireless telecommunications facilities shall notify Lebanon Township when the use of such antennas and equipment is discontinued. Facilities that are not in use for wireless telecommunications purposes for six months shall be removed by the provider at its cost. This removal shall occur within 90 days of the end of such six-month period. Upon removal, the site shall be cleared, restored, and revegetated to blend with the existing surrounding vegetation at the time of abandonment. The facility owner shall post a bond to cover the costs of tower removal and site restoration. The amount of the bond shall take into consideration cost escalations.

I. Collocation and shared facilities and sites. FCC licensed wireless telecommunications providers are encouraged to construct and site their facilities with a view toward sharing facilities with other utilities, collocating with other existing wireless facilities and accommodating the collocation of other future facilities where technically, practically, and economically feasible.

J. Application and escrow fee. Site plan application fees and escrows for wireless telecommunications installations shall be as set forth in § 400-54 of this chapter.

§ 400-15.1 Telecom permit to operate in the right-of-way.

[Added 9-20-2017 by Ord. No. 2017-06]

The Zoning Officer shall examine and make determinations regarding any telecom permits to operate in the right-of-way in compliance with the conditions and requirements set forth in the resolution of the governing body granting consent to operate in the right-of-way.

§ 400-16 Sexually oriented business.

[Added by Ord. No. 30-98]

No person shall operate a sexually oriented business, as defined in N.J.S.A. 2C:34-6, within 1,000 feet of any existing sexually oriented business, or any church, synagogue, temple or other place of public worship, or any elementary or secondary school or any school bus stop, or any municipal or county playground or place of public resort and recreation, or within 1,000 feet of any area zoned for residential use.

§ 400-17 Community residences, family day-care homes and child care centers. [1]

A. Community residences. Community residences for the developmentally disabled, victims of domestic violence, the terminally ill, persons with head injuries, and adult family care homes for elderly persons and physically disabled adults shall be a permitted use in all residential districts, and the requirements therefor shall be the same as for single-family dwelling units located within such districts.

B. Family day-care homes.

(1) "Family day-care home" means the private residence of a family day-care provider which is registered as a family day-care home pursuant to the Family Day Care Provider Registration Act, N.J.S.A. 30:5B-16 et seq.

(2) Family day-care homes shall be a permitted use in all residential districts, and the requirements for family day-care homes shall be the same as for single-family dwelling units located within such residential districts. Any deed restriction that would prohibit the use of a single-family dwelling unit as a family day-care home shall not be enforceable unless that restriction is necessary for the preservation of the health, safety and welfare of the other residents in the neighborhood. In condominiums, cooperatives and horizontal property regimes, deed restrictions or bylaws may prohibit family day-care homes from being a permitted use, but in such a case, the condominium association, cooperative association or council of co-owners shall demonstrate, on a case-by-case basis, that the prohibition is reasonably related to the health, safety and welfare of the residents, with the exception of condominiums or cooperatives that are primarily for retirees or elderly persons.

C. Child care centers. Child care centers, for which a license is required from the Department of Human Services pursuant to N.J.S.A. 30:5B-1 et seq., shall be a permitted use in all nonresidential districts. The floor area occupied in any building or structure as a child care center shall be excluded in calculating:

(1) Any parking requirement otherwise applicable to that number of units or amount of floor space; and

(2) The permitted density allowable for that building or structure.

[1] Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

§ 400-18 Development standards in Resource Conservation (RC) Zone.

[Added 5-29-2002 by Ord. No. 2002-4]

A. Conventional subdivisions are permitted at a density of one unit per 7.5 acres in accordance with the development standards in Schedule I.[1]

[1] Editor's Note: Schedule I, Schedule of Lot, Yard, Height and Bulk Requirements, is contained in at the end of this chapter

B. Open lands subdivisions are permitted on tracts of 30 acres or more. This option is intended to promote the retention of large contiguous wooded tracts and large farm tracts, and to promote the aggregation of smaller wooded and farm parcels. It is also intended to encourage and promote flexibility, economy and environmental soundness in subdivision layout and design. The following standards shall apply to open lands subdivisions:

(1) The maximum density of units per gross acre of land shall be one unit per 7.5 acres. In addition, the open lands development plan shall not result in a greater dwelling unit density than if the property in question were developed as a conventional subdivision. In order to determine the maximum number of lots for an open lands subdivision, a concept plan of a conventional subdivision shall be submitted. The concept plan shall be in sufficient detail to permit the Planning Board to make an informed decision as to the subdivision satisfying all ordinance requirements and in a form that would be acceptable to the Planning Board as a conventional subdivision without the need for any lot area or lot dimension variances or exceptions to subdivision design standards. The number of lots on the concept plan shall be the maximum number of lots permitted under an open lands subdivision.

(2) At least 65% of the tract shall be designated as "open lands" and shall, as a condition of approval of the development, be deed restricted for agricultural or conservation use. Lots qualifying as open lands shall be permitted a primary residence and other accessory buildings and conditional uses as provided in this chapter.

(3) At least 60% of designated open lands shall be some combination of unconstrained land area, or prime soils or soils of statewide importance, or prime forested area.

(4) The minimum lot size shall be two acres for the non-open lands residential lots created within the subdivision, with minimum front and rear yard setbacks of 50 feet, minimum side yard setbacks of 25 feet, and minimum lot frontage and width of 200 feet, in accordance with the standards for the R-1 1/2 Zone in Schedule I.

(5) For tracts of 100 acres or less, the open lands shall be contained in one deed-restricted contiguous parcel; for tracts greater than 100 acres, the open lands may be composed of noncontiguous parcels, provided that each open lands area shall contain at least 50 contiguous acres. When noncontiguous parcels of at least 50 acres are provided, each parcel may have a residence, provided that the total density is not exceeded.

(6) All lots created under this subdivision option shall be deed restricted against further subdivision for the purpose of creating an additional lot or lots.

(7) The design of the development utilizing this option shall foster the following objectives: retention of large contiguous farmland areas; retention of large contiguous prime forested areas; stream corridor and wetlands preservation; steep slope protection; overall site design; reduction of impervious coverage; traffic circulation; and sensitivity to the site's natural features, topography and relationship to open lands on neighboring parcels.

(8) The design of the development shall include a two-hundred-foot buffer along existing roads, which shall either maintain existing woodlands or establish new forested areas for those areas that are disturbed during site development or are currently cleared. The intent of this provision is to maintain the scenic roadside views in the Township.

(9) Development on hillsides shall be located at an appropriate point in the foreground to midground of the hill so that the development does not create a barrier visible from the existing road. Development on hillsides shall also comply with the steep slope regulations provided in § 400-8E.

(10) The applicant is advised to submit a concept plan of the open lands subdivision for review and comment in accordance with this chapter.

C. Cluster subdivisions on tracts of 30 acres or more are permitted in accordance with the following standards:

(1) The maximum density of units per gross acre of land shall be one unit per 7.5 acres. In addition, the cluster subdivision development plan shall not result in a greater dwelling unit density than if the property in question were developed as a conventional subdivision. In order to determine the maximum number of lots for a cluster subdivision, a concept plan of a conventional subdivision shall be submitted. The concept plan shall be in sufficient detail to permit the Planning Board to make an informed decision as to the subdivision satisfying all ordinance requirements and in a form that would be acceptable to the Planning Board as a conventional subdivision without the need for any lot area or lot dimension variances or exceptions to subdivision design standards. The number of lots on the concept plan shall be the maximum number of lots permitted under a cluster subdivision.

(2) The minimum lot size shall be two acres, with minimum front and rear yard setbacks of 50 feet, minimum side yard setbacks of 25 feet, and minimum lot frontage and width of 200 feet, in accordance with the standards for the R-1 1/2 Zone in Schedule I.

(3) The minimum open space shall be 65% of the total tract.

(4) Areas reserved as permanent open space shall have a minimum contiguous area of not less than five acres and no portion thereof shall be less than 50 feet in width. At least 50% of the open space shall be uplands. The open space area(s) shall be contiguous to open space on adjoining parcels, where applicable, and shall include areas identified in the Township's open space and recreation or conservation plans, if any, including greenways.

(5) The open space shall be reserved in perpetuity either by dedication for public use or for use by the residents of the development by private covenant or deed restriction for one of the following purposes:

(a) Undeveloped open space.

(b) Public or private recreational facilities.

(c) Conservation of environmentally sensitive features, including, but not limited to, steep slopes, wetlands, floodplains and wooded areas.

(d) Agricultural use.

(6) The proposed development shall comply with the standards contained in Subsections B(7), (8) and (9).

(7) Provision shall be made to ensure suitable maintenance of any area to be reserved by private covenant or deed restriction by the establishment of a property owners' association or other appropriate organization.

(8) Nothing contained herein shall be construed to require the Planning Board to approve any subdivision employing clustering if said subdivision is in conflict with any provision of the Lebanon Township Master Plan or if said subdivision will, in any way, result in a land use pattern that will adversely affect that portion of the Township in which it lies.

(9) The applicant is advised to submit a concept plan of the cluster subdivision for review and comment in accordance with this chapter.

D. Lot averaging subdivisions on tracts of 30 acres or less are permitted in accordance with the following standards:

(1) The maximum density of units per gross acre of land shall be one unit per 7.5 acres. In addition, the lot averaging development plan shall not result in a greater dwelling unit density than if the property in question were developed as a conventional subdivision. In order to determine the maximum number of lots for a lot averaging subdivision, a concept plan of a conventional subdivision shall be submitted. The concept plan shall be in sufficient detail to permit the Planning Board to make an informed decision as to the subdivision satisfying all ordinance requirements and in a form that would be acceptable to the Planning Board as a conventional subdivision without the need for any lot area or lot dimension variances or exceptions to subdivision design standards. The number of lots on the concept plan shall be the maximum number of lots permitted under a lot averaging subdivision.

(2) A lot averaging subdivision may be permitted when the applicant proposes a distribution of lot areas within the subdivision that results in at least 60% of the lots having a minimum lot area between two acres and 130,000 square feet, except in the case of a two-lot subdivision where the initial tract size is 15 acres or more, in which case one of the two lots shall be two acres to 130,000 square feet.

(3) The yard requirements for all lots developed under this provision shall be front and rear yard setbacks of 50 feet and side yard setbacks of 25 feet, and the minimum lot frontage and width shall be 200 feet, in accordance with the standards for the R-1 1/2 Zone in Schedule I. Flag lots shall be permitted in accordance with the standards of § 400-8B(9), except for the minimum lot area standard.

(4) The site design of lot averaging subdivisions should shift the more intensive development toward those lands that can best support the installation of the dwelling, well, septic system and associated site improvements. Similarly, lot averaging should seek to preserve those areas which exhibit sensitive environmental features (i.e., water bodies, floodplains, steep slopes, shallow or limestone bedrock, prime aquifer recharge areas, seasonal high water table, etc.) or which contain active or prime agricultural lands or prime forested areas.

(5) The deed for any lot created by lot averaging shall contain a restriction against its further subdivision for the purpose of creating an additional lot or lots.

(6) The applicant is advised to submit a concept plan of the lot averaging subdivision for review and comment in accordance with this chapter.

§ 400-19 Development standards in Rural Agriculture R-5 Zone.

[Added 5-29-2002 by Ord. No. 2002-4]

A. Conventional subdivisions are permitted at a density of one unit per five acres in accordance with the development standards in Schedule I.[1]

[1] Editor's Note: Schedule I, Schedule of Lot, Yard, Height and Bulk Requirements, is contained in at the end of this chapter

B. Open lands subdivisions are permitted on tracts of 30 acres or more. This option is intended to promote the retention of large contiguous wooded tracts and large farm tracts, and to promote the aggregation of smaller wooded and farm parcels. It is also intended to encourage and promote flexibility, economy and environmental soundness in subdivision layout and design. The following standards shall apply to open lands subdivisions:

(1) The maximum density of units per gross acre of land shall be one unit per five acres. In addition, the open lands development plan shall not result in a greater dwelling unit density than if the property in question were developed as a conventional subdivision. In order to determine the maximum number of lots for an open lands subdivision, a concept plan of a conventional subdivision shall be submitted. The concept plan shall be in sufficient detail to permit the Planning Board to make an informed decision as to the subdivision satisfying all ordinance requirements and in a form that would be acceptable to the Planning Board as a conventional subdivision without the need for any lot area or lot dimension variances or exceptions to subdivision design standards. The number of lots on the concept plan shall be the maximum number of lots permitted under an open lands subdivision.

(2) At least 50% of the tract shall be designated as "open lands" and shall, as a condition of approval of the development, be deed restricted for agricultural or conservation use. Lots qualifying as open lands shall be permitted a primary residence and other accessory buildings and conditional uses as provided in this chapter.

(3) At least 65% of designated open lands shall be some combination of unconstrained land area, or prime soils or soils of statewide importance, or prime forested area.

(4) The minimum lot size shall be two acres for the non-open lands residential lots created within the subdivision, with minimum front and rear yard setbacks of 50 feet and minimum side yard setbacks of 25 feet, and minimum lot frontage and width of 200 feet, in accordance with the standards for the R-1 1/2 Zone in Schedule I.

(5) For tracts of 100 acres or less, the open lands shall be contained in one deed-restricted contiguous parcel; for tracts greater than 100 acres, the open lands may be composed of noncontiguous parcels, provided that each open lands area shall contain at least 50 contiguous acres. When noncontiguous parcels of at least 50 acres are provided, each parcel may have a residence, provided that the total density is not exceeded.

(6) All lots created under this subdivision option shall be deed restricted against further subdivision for the purpose of creating an additional lot or lots.

(7) The proposed development shall comply with the standards contained in § 400-18B(7), (8) and (9).

(8) The applicant is advised to submit a concept plan of the open lands subdivision for review and comment in accordance with this chapter.

C. Lot averaging subdivisions on tracts of 30 acres or less are permitted in accordance with the following standards:

(1) The maximum density of units per gross acre of land shall be one unit per five acres. In addition, the lot averaging development plan shall not result in a greater dwelling unit density than if the property in question were developed as a conventional subdivision. In order to determine the maximum number of lots for a lot averaging subdivision, a concept plan of a conventional subdivision shall be submitted. The concept plan shall be in sufficient detail to permit the Planning Board to make an informed decision as to the subdivision satisfying all ordinance requirements and in a form that would be acceptable to the Planning Board as a conventional subdivision without the need for any lot area or lot dimension variances or exceptions to subdivision design standards. The number of lots on the concept plan shall be the maximum number of lots permitted under a lot averaging subdivision.

(2) A lot averaging subdivision may be permitted when the applicant proposes a distribution of lot areas within the subdivision that results in at least 60% of the lots having a minimum lot area between two acres and 130,000 square feet, except in the case of a two-lot subdivision where the initial tract size is 10 acres or more, in which case one of the two lots shall be two acres to 130,000 square feet.

(3) The minimum yard requirements for all lots developed under this provision shall be front and rear yard setbacks of 50 feet and side yard setbacks of 25 feet, and the minimum lot frontage and width shall be 200 feet, in accordance with the standards for the R-1 1/2 Zone in Schedule I. Flag lots shall be permitted in accordance with the standards of § 400-8B(9), except for the minimum lot area standard.

(4) The site design of lot averaging subdivisions should shift the more intensive development toward those lands that can best support the installation of the dwelling, well, septic system and associated site improvements. Similarly, lot averaging should seek to preserve those areas which exhibit sensitive environmental features (i.e., water bodies, floodplains, steep slopes, shallow or limestone bedrock, prime aquifer recharge areas, seasonal high water table, etc.) or which contain active or prime agricultural lands or prime forested areas.

(5) The deed for any lot created by lot averaging shall contain a restriction against its further subdivision for the purpose of creating an additional lot or lots.

(6) The applicant is advised to submit a concept plan of the lot averaging subdivision for review and comment in accordance with this chapter.

§ 400-19.1 Standards for major solar or photovoltaic energy facilities.

[Added 12-7-2011 by Ord. No. 2011-11]

All major solar or photovoltaic energy facility or structure installations shall comply with the following conditional use standards:

A. Major solar or photovoltaic energy facilities and structures are permitted as a principal use in the I Industrial District and B-2 Highway Business District and shall conform to the requirements for a principal structure in the zone in which such facilities and structures are to be located, except at follows.

(1) Minimum lot area: 15 acres.

(2) Minimum lot width: 450 feet.

(3) Minimum lot depth: 550 feet.

(4) Minimum front yard setback: 150 feet. For lots with frontage on two streets, the required front yard shall be maintained on both streets.

(5) Minimum side yard setback: 75 feet.

(6) Minimum rear yard setback: 100 feet.

(7) Maximum height: 10 feet.

B. No portion of major solar or photovoltaic energy facilities and structures shall occupy any areas of land designated and regulated by NJDEP as floodplains, flood hazard areas, wetlands, wetland transition areas or riparian corridors, unless approved by the NJDEP.

C. Installations shall be sited behind existing vegetation, which shall be supplemented with landscaping to shield the installation from roads and public view. To the extent achievable, solar and photovoltaic energy facilities and structures shall be sited using the natural topography to screen the energy project from public view and the view of any adjoining residences.

D. A landscaping and buffer plan shall be provided. Facilities and structures, including solar panels, and any resulting glare, shall not be visible from adjoining residential uses or zones and shall be screened by a combination of berm(s), landscaping and fencing, as necessary, with the landscaping designed to achieve a mature height of 15 feet to 20 feet. Safety fencing shall be installed behind the required landscaping at a height of seven feet.

E. Soil erosion control; soil stabilization. All ground areas occupied by the major solar or photovoltaic energy facility or structure installation that are not utilized for access to operate and maintain the installation shall be planted and maintained with grass or other vegetation recommended by the Soil Conservation District for the purpose of soil stabilization, or covered with stone, subject to the approval of outside agencies.

F. A grading and drainage plan shall be submitted which shall show the existing and proposed grading and drainage patterns.

(1) A grading and drainage plan shall be submitted under the seal of a licensed professional engineer and shall provide the details necessary to adequately demonstrate to the reviewing agency engineer that no stormwater runoff or natural water shall be so diverted as to overload existing drainage systems, increase stormwater runoff to adjacent properties, or create flooding or the need for additional drainage structures on other private properties or public lands.

(2) Prior to issuance of a certificate of occupancy and/or placing the facility online, an asbuilt grading and drainage plan, prepared by a licensed professional surveyor, shall be submitted to the reviewing agency's engineer for review and approval. The plan shall show that the as-built conditions are substantially the same as those shown on the approved grading and drainage plan.

G. A maintenance plan and land surface management plan shall be submitted for approval by the Township, which shall include provisions for the continuing maintenance of all solar panels and associated equipment and required plantings, including a schedule of specific maintenance activities to be conducted. The use of herbicides, pesticides and chemical cleaners or solvents shall not be permitted as an acceptable maintenance practice.

H. Major solar and photovoltaic energy facilities and structures and alternative energy systems shall not result in reflective glare as viewed on adjoining properties.

I. Sound levels from the energy system shall not exceed 40 dBA when measured from any site property line.

J. Battery storage for furnishing solar-derived electricity to the grid system is not permitted.

K. Thin-film solar panels are not permitted.

L. Solar facility impact statement.

(1) A solar facility impact statement shall be included with each application for a ground-mounted solar energy installation and shall identify any negative impacts associated with the proposed facility in relation to:

(a) Noise.

(b) Glare.

(c) Stormwater runoff.

(d) Floodplains.

(e) Steep slopes.

(f) Wetlands and wetland buffers.

(2) Measures proposed to mitigate or eliminate the negative impacts in Subsection L(1) above shall be described in detail, along with any associated costs.

M. Abandonment.

(1) A solar energy facility that is out of service for a continuous twelve-month period will be deemed to be abandoned. The Zoning Officer shall issue a notice of abandonment to the owner of a solar energy facility that is deemed to be abandoned. The notice shall be sent return receipt requested.

(2) The property owner shall have 30 days to respond to the notice of abandonment from the receipt date of the notice.

(3) If the property owner provides information that demonstrates the solar energy facility has not been abandoned, the Zoning Officer shall withdraw the notice of abandonment and notify the property owner that the notice has been withdrawn.

(4) If the Zoning Officer determines the solar energy facility has been abandoned, the property owner shall remove the facility in its entirety at the owner's sole expense within three months after the owner receives the notice of abandonment.

(5) If the property owner fails to remove the facility in the time allowed under Subsection M(4) above, then the Township may remove such system and place a lien on the property for the cost of the removal.

N. Decommissioning plan. All applications for a major solar facility shall be accompanied by a decommissioning plan to be implemented upon abandonment and/or in conjunction with removal of solar energy systems. Before beginning any decommissioning activities, the applicant must submit a performance bond in a form and amount satisfactory to the Township Attorney, which shall be based upon an estimate approved by the Board Engineer, assuring the availability of adequate funds to restore the site to a useful, nonhazardous condition in accordance with the Decommissioning Plan. Prior to removal of solar energy systems, a permit for removal activities shall be obtained from the Lebanon Township Construction Official. The decommissioning plan shall include provisions to:

(1) Restore the surface grade and soil after removal of aboveground structures and equipment.

(2) Restore surface grade and soil.

(3) Restore soil areas with native seed mixes and/or plant species suitable to the area, which shall not include any invasive species.

(4) The plan may provide for the retention of access roads, fences, gates or buildings in place and/or may provide for restoration of agricultural crops or forest resource land.

(5) If the property owner fails to remove the facility in accordance with the decommissioning plan, the Township may remove such. All costs incurred by the Township in connection with same shall be a first priority lien, enforceable pursuant to municipal tax lien statutes.