The following regulations shall apply to private swimming pools wherever permitted in Part 4:
A. 
Any private swimming pool shall be located in a rear yard only. In the case of a corner lot, any private swimming pool shall be located in the rear yard as determined by § 230-130B. In the case of a through lot, any private swimming pool shall be located in the rear yard as determined by § 230-130C.
[Amended 12-9-2014 by Ord. No. 2014-33]
B. 
No part of any private swimming pool, including any apron, sidewalk or decking, or equipment, shall be located within 10 feet of a property line. The edge of the water surface area of a private swimming pool shall be no less than 10 feet from the edge of the roof of any principal or accessory building or structure.
[Amended 3-9-2021 by Ord. No. 2021-03]
C. 
Safety enclosures. All pools heretofore or hereafter constructed or installed shall be protected by a safety enclosure conforming to the Uniform Construction Code of the State of New Jersey.
[Amended 12-9-2014 by Ord. No. 2014-33]
D. 
The water surface area of a private swimming pool shall be excluded when calculating coverage by accessory buildings.
E. 
Any lighting in connection with an outdoor swimming pool shall be shielded so that the direct source of light is not visible from any adjoining property or street. No light source shall exceed a height of 10 feet, and the intensity of light shall not exceed 0.3 footcandle at a property line.
F. 
Permit. An application for a permit to construct or erect a private swimming pool shall be made to the Construction Official and shall include the final plans and specifications therefor. No permit shall be issued for a private swimming pool unless the plans therefor include provision for fencing in accordance with Subsection C above and in accordance with the Uniform Construction Code requirements. An application for a pool permit shall also be accompanied by a lot grading plan conforming to the requirements of § 230-71.
The following provisions shall apply to private tennis courts or areas as accessory uses on residential lots wherever permitted in Part 4:
A. 
Any such court shall be located in a rear yard area. In the case of a corner lot, the court shall be located in the rear yard as determined by § 230-130B.
B. 
Any such court or fence enclosing such court shall be located at least 10 feet from a property line. The height of a fence is regulated in § 230-159.
C. 
Tennis courts shall be excluded when calculating coverage by accessory structures, but included when determining compliance with maximum permitted impervious coverage on a lot.
D. 
An application for a permit to construct a tennis court or similar recreational court shall be made to the Zoning Officer and shall include detailed plans and specifications therefor, including details of proposed fencing and a lot grading plan. The application shall be accompanied by any fees for fencing and other construction as may otherwise be required by this chapter and shall be accompanied by the required fee to cover the cost of review of the lot grading plan by the Township Engineer.
E. 
Prior to the authorization of any permit for the construction of such a court, the lot grading plan, conforming to the requirements of § 230-71, shall be referred to the Township Engineer for his/her review and approval. In order that the Township Engineer may make an informed decision as to the merits of the proposal, the lot grading plan shall, at a minimum, show the following:
(1) 
The location of the court and all appurtenant construction in relation to the property lines and buildings in the rear yard area.
(2) 
Existing and proposed contours at two-foot intervals in the rear yard area. Existing contours shall be shown for a distance of 25 feet beyond the property lines in the rear yard area.
(3) 
Existing and proposed elevations at the corners of the court surface, at the base of any filled or excavated area and along the centers of swales.
(4) 
Proposed swales and other stormwater drainage facilities.
(5) 
Proposed retaining walls and other proposed measures for stabilizing slopes and filled areas, including details and specifications of same.
F. 
Any lighting in connection with a tennis court shall be shielded so that the direct source of light is not visible from any adjoining property or street. No light source shall exceed a height of 10 feet, and the intensity of light shall not exceed 0.3 footcandle at a property line.
G. 
Prior to approval of the lot grading plan, the Township Engineer shall be satisfied that the means of disposal of stormwater and measures to prevent soil erosion offer adequate protection to adjoining properties.
Private stables, wherever permitted as accessory to a one-family dwelling in Part 4, shall be subject to the following regulations:
A. 
Each equine shall have its own stall, the minimum size of which shall be five feet by eight feet.
B. 
Barns and other buildings for housing animals shall be located at least 50 feet from a property line.
C. 
Fenced enclosures shall be provided for all animals kept outside a building at any time. No such fenced enclosure shall be located within 10 feet of an adjoining property.
D. 
Enclosed shelter must be provided for all animals, except bovine, before they are brought on the premises.
E. 
The keeping of equine and bovine for private use is permitted only on a lot of two acres or larger in size. No more than three equine or bovine shall be kept on a property, and there shall not be more than one such animal for each acre of lot area.
The following provisions shall apply to satellite dish antennas, as well as any antenna that is under 70 feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas. Such antennas may be installed, erected and maintained as accessory uses on a lot which contains a principal structure within all zone districts, but only in accordance with the provisions of this section. Other antennas not meeting the above criteria shall be subject to the provisions set forth in Article XXVIII, Wireless Telecommunications Equipment and Facilities.
A. 
Development standards. All antennas shall be located, designed, constructed, treated and maintained in compliance with the requirements of the New Jersey Uniform Construction Codes and the requirements set forth below. Unless otherwise provided herein, and except for the number of antennas permitted on a lot, the regulations below shall not apply to satellite dish antennas of one meter or less in diameter anywhere in the Township or to satellite dish antennas of two meters or less in diameter located in nonresidential zones.
B. 
Antennas in residential districts.
(1) 
No lot shall contain more than two antennas, not more than one of which may be a satellite dish antenna.
(2) 
No antenna shall be located in a front yard.
(3) 
Roof-mounted antennas of any type shall not extend higher than 15 feet above the highest point of the roof. Satellite dish antennas shall not be permitted on the roof unless the requirements set forth in this section cannot be satisfied as determined by the Zoning Official. In such instances no roof-mounted satellite dish antenna shall exceed eight feet in diameter nor extend higher than 10 feet above the highest point of the roof. A roof antenna shall be of mesh construction.
(4) 
In residential zone districts, ground-mounted, accessory antennas of any type shall not extend higher than 60 feet above adjacent ground level, except that ground-mounted, satellite dish antennas shall not exceed 10 feet in diameter nor 12 feet in height.
(5) 
Antennas located in a side yard shall meet the side yard setback requirement for principal buildings.
(6) 
Antennas located in a rear yard shall meet the property line setback requirement applicable to accessory buildings established in § 230-128, but in no event shall be located closer to a property line than 1/2 the height of the antenna.
C. 
Antennas in multifamily housing developments. Antennas located in multifamily housing developments shall meet the requirements of Subsection B above, except that there may be one satellite dish antenna for each 50 dwelling units up to a maximum of three such antennas.
D. 
Antennas in the TC1, TC2, B-1, B-2, B-3, B-5, OB-1, OB-1A and LR Districts. Antennas in the TC1, TC2, B-1, B-2, B-3, B-5, OB-1, OB-1A and LR Districts shall meet the requirements of Subsection B of this section above.
E. 
Antennas in the B-4, OB-2A, OB-3, OB-4, OB-5 and I Districts. Antennas in the B-4, OB-2A, OB-3, OB-4, OB-5 and I Districts shall meet the following requirements:
[Amended 4-9-2019 by Ord. No. 2019-08]
(1) 
No antenna shall be located in a front yard.
(2) 
An antenna may be erected on the roof of a building, provided that the building, including the antenna, falls within the height limits established for principal buildings in the zone district. Dish antennas exceeding 12 feet in diameter or 14 feet in height shall not be permitted on the roof. Ground-mounted antennas shall not exceed 70 feet in height, provided that no ground-mounted dish antenna shall exceed a diameter of 16 feet nor extend above the ground more than 18 feet.
(3) 
An antenna located in a side yard or a rear yard shall be located at least 30 feet from a property line, but not less than the height of the antenna.
F. 
General regulations.
(1) 
No portion of an antenna array shall extend beyond the property lines or into any front yard area. Guy wires shall not be anchored within any front yard area but may be attached to the building.
(2) 
Ground-mounted antennas shall be any antenna with its base mounted directly in the ground, even if such antenna is supported or attached to the wall of a building. Fixed-guyed antenna towers shall be fascia-mounted or guyed according to approved standards. Wire antennas that are not self-supporting shall be supported by objects within the property lines but not within any front yard areas.
(3) 
The antenna, including guy wires, supporting structures and accessory equipment shall be located and designed so as to minimize to the greatest extent possible the visual impact on surrounding properties and from public streets. Antennas should be screened from view through the addition of anticlimb fencing and architectural features or evergreen landscaping that harmonize with the elements and characteristics of the property; provided, however, that no screening shall be required which would inhibit adequate reception. Screening by fencing or plantings may be waived if natural terrain and landscaping provide adequate screening. The materials used in constructing the antenna shall not be unnecessarily bright, shiny, garish or reflective, and all antennas shall blend with the surrounding environment.
(4) 
Antennas shall meet all manufacturers' specifications. The mast or tower shall be of noncombustible and noncorrosive hardware, such as brackets, turnbuckles, clips and similar type equipment subject to rust or corrosion, and shall be protected with a zinc or cadmium coating by either galvanizing or a sherardizing process after forming. These finishes are selected to guard against corrosion and to protect the elements against electrolytic action due to the use of adjoining dissimilar metals.
(5) 
Power control and signal cables to or from the antenna shall be by underground conduit.
(6) 
The height of an antenna shall be the total maximum to which it is capable of being raised and shall be measured from the highest point of the finished grade adjacent to the structure if ground mounted or from the peak of the roof if roof mounted.
G. 
Approval of antennas. All antennas shall be subject to the review and approval of the Zoning Official. Each application shall be accompanied by a report prepared by the installer of the antenna explaining why the proposed location was selected over other locations and the reasons, with supporting data, for any requested deviation from the requirements of this section as to location or screening. When deemed necessary by the Zoning Official, the Township may consult, at the applicant's expense, with an expert in the field of antenna installations for guidance in evaluating an applicant's report when a deviation from the requirements of this section is requested.
H. 
Prohibitions. No antenna or antenna structure located in the Township, regardless of when it was erected, shall be used as a sign or as a supporting structure for any sign or lettering.
I. 
Enforcement.
(1) 
All antennas shall be maintained in good condition and in accordance with all requirements of this section.
(2) 
All antennas shall be subject to periodic reinspection. No additions, changes or modifications shall be made to an antenna, unless the addition, change or modification is in conformity with the New Jersey Uniform Construction Codes.
[Amended 9-23-2014 by Ord. No. 2014-25; 4-9-2019 by Ord. No. 2019-08; 3-9-2021 by Ord. No. 2021-03]
Outdoor storage in all zone districts shall be subject to the following provisions:
A. 
In the I and B Zones, outdoor storage, as defined at § 230-54, shall be permitted and limited in accordance with the following provisions:
(1) 
Outdoor storage shall be restricted to materials and products directly related to the principal permitted use of the premises and normally stored outside a structure.
(2) 
Outdoor storage on a lot that does not contain a principal building is prohibited.
(3) 
Outdoor storage shall be restricted to the side and/or rear yard. On corner lots, no outdoor storage shall be permitted between the street line and the building line as extended to the rear and side lot lines.
(4) 
Outdoor storage shall meet the side and rear yard setback requirements for accessory buildings.
(5) 
The maximum area of any lot that can be used for outdoor storage shall be equal to the gross floor area of the principal building(s).
(6) 
No article, material, vehicle, or equipment to be stored outdoors shall exceed the height of the principal building.
(7) 
All outdoor storage shall be screened by planting, slatted fencing or its equivalent in accordance with § 230-159, or both so as to minimize the view of such storage from any adjacent property or any public street. No wall or fence used to screen outdoor storage shall be permitted in any front yard.
(8) 
No outdoor storage shall be located in a manner that would obstruct parking, loading, or pedestrian circulation.
(9) 
Outdoor storage shall be placed on a suitable surface such as pavement, crushed stone, or other suitable material, and not on bare earth, grass, mulch, or other similar surface.
(10) 
No outdoor storage shall be located or stored in a manner that could reasonably be expected to result in littering, spillage, or leakage of material; dispersion of materials by wind, rain, floodwater, or animals; creation of offensive odors; creation of fire or explosion hazards; contamination of air, soil, or water; or other similar adverse effects.
(11) 
Outdoor storage of any hazardous, toxic, or corrosive substances, as defined in regulations promulgated by the United Stated Environmental Protection Agency or the New Jersey Department of Environmental Protection, is prohibited.
(12) 
The outdoor storage requirements set forth at Subsection A(1) through (10) above shall not apply to the following:
(a) 
The outdoor parking in the open of delivery and service vehicles, which parking shall be subject to the requirements provided in § 230-205.
(b) 
The parking of trucks and trailers in connection with permitted trucking terminals and moving and storage operations, which parking shall be subject to the location requirements applicable to off-street loading.
(c) 
The parking of trucks and trailers at loading docks during the course of loading and unloading and temporarily preceding and following the loading or unloading operations.
B. 
In the TC, OB, PBR and PBO Zones, outdoor storage is prohibited except for the storage of trash and garbage in containers and in locations as approved by the Planning Board. In addition, there shall be no outdoor storage or parking of trucks or trailers, except as follows:
(1) 
The outdoor parking in the open of delivery and service vehicles, which parking shall be subject to the requirements provided in § 230-205.
(2) 
The parking of trucks and trailers at loading docks during the course of loading and unloading and temporarily preceding and following the loading or unloading operations. There shall be no outdoor storage or parking of construction equipment, except during the course of construction on the premises.
C. 
In all residential zones, outdoor storage is prohibited, including any discarded furniture, household appliance or other debris, salvaged materials, junk or wastes of any kind, except trash, garbage, and similar wastes temporarily stored in suitable containers awaiting scavenger collection. This shall not be deemed to prohibit the display and sale of seasonal farm produce or specifically permitted outdoor uses, the outdoor parking of farm machinery or vehicles in use on a farm nor normal outdoor storage, such as firewood intended for use on the premises; nor shall this be deemed to prohibit commercial vehicles in residential districts, as authorized pursuant to § 230-134 and/or recreational vehicles and equipment, as authorized pursuant to § 230-136. In the R Zones and Two-Family Residential Overlay Zone only, temporary storage containers shall be permitted to be kept on a developed, single-family residential lot (or two-family residential lot in the case of the Two-Family Residential Overlay Zone) as a temporary structure accessory to the existing dwelling for a period not to exceed 30 days. A permit for said structure shall be obtained from the Zoning Official. The Township Engineer, Zoning Officer or Township Administrator shall reserve the right to extend such period of approved time, upon written request, for a maximum period not to exceed three months for a resident to store the unit on the property given extenuating circumstances including, but not limited to, the location of the unit, the impact of the storage of the unit on the neighborhood and/or residents, and the overall condition and maintenance of the property, or fire, flood or other natural disaster that caused displacement. A fee as set forth in Chapter 169, Fee Schedule, shall be charged for the initial permit with an additional fee of the same amount for any extension which may be granted by the Zoning Official. Metal frame structures supporting tarpaulin covers shall not be erected and are specifically prohibited.
[Amended 7-19-2022 by Ord. No. 2022-22]
D. 
Outdoor storage for garden centers in the B-5 Zone is regulated in § 230-148.
E. 
Outdoor storage in the LR Zone is regulated in Article XXIV, LR Lake Recreation District.
[Added 12-9-2014 by Ord. No. 2014-33]
Wherever permitted in Part 4, the outdoor display of merchandise shall be subject to the following requirements:
A. 
The merchandise to be displayed outdoors shall be for sale on the premises and by the principal business conducted on the property.
B. 
The merchandise to be displayed outdoors shall be located no closer than 15 feet from any property line and 25 feet from any street right-of-way and residential district.
C. 
The area devoted to the outdoor display of merchandise shall be no greater than 5% of the gross floor area of the individual business use to which it is accessory.
D. 
The area devoted to the outdoor display of merchandise shall not encroach into any required walkway, off-street parking or loading area, or public sidewalk, street or right-of-way and shall in no way obstruct any required emergency access lanes. A minimum five-foot width of sidewalk shall be left clear of merchandise to accommodate pedestrian movement.
E. 
Said merchandise shall be permitted to be displayed outdoors only during normal business hours and shall not otherwise be used as an outdoor storage area.
F. 
Except for the setback requirements provided in Subsection B above, the provisions of this section shall not apply to the outdoor display of vehicles per sale as part of a permitted motor vehicle sales use.
[Added 3-9-2021 by Ord. No. 2021-03]
G. 
The display and/or sale of merchandise from within or under a temporary tent or parking lot shall not be permitted except in accordance with § 230-143.3, Special permits.
[Added 3-9-2021 by Ord. No. 2021-03]
The following regulations shall apply to accessory parking garages wherever permitted in Part 4:
A. 
No parking garage shall be permitted between a principal building and a street right-of-way.
B. 
All parking garages, whether freestanding or attached to a principal building, shall conform to bulk requirements for principal structures, except as otherwise provided herein.
C. 
Parking garages shall be set back at least 100 feet from any residential zone boundary.
D. 
Parking garages shall not be counted as square footage for purposes of calculating floor area ratio or building coverage, provided that a green roof is constructed pursuant to § 230-161, Green roofs.
E. 
A minimum of 75% of the roof of any parking garage must be vegetated in accordance with § 230-161, Green roofs.
F. 
The architectural design and materials used in the construction of the parking garage shall conform to the design and building materials used in the construction of the principal structures.
G. 
Foundation plantings, including trees and shrubs, shall be planted along the parking garage walls to break up the extended building wall.
H. 
Garages and parking areas shall be used as automobile parking only, with no sales, dead storage, dismantling or servicing of any kind permitted.
I. 
All parking garages shall have adequate security measures and be properly lighted in accordance with § 230-86.
J. 
Parking garages shall be so designed as to minimize blank concrete facades through the use of innovative architectural detail. The design of the exterior of any exposed portion of a parking garage shall be compatible in materials, spacing of solids and voids and design of the principal structure to the extent that the parking facility is clearly identified with such principal structure.[1]
[1]
Editor's Note: Former Subsection K, regarding the B-6 Zone, which immediately followed, was repealed 4-9-2019 by Ord. No. 2019-08.
Home occupations, as defined in Article VIII, shall be subject to the following regulations wherever permitted in Part 4:
A. 
Principal use. Home occupations shall only be permitted as accessory to a permitted single-family detached unit. The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants.
B. 
Particular home occupations permitted. Except as provided in Subsection C below, customary home occupations shall include all occupations which meet the purposes, standards and requirements of this section, § 230-158, and, in particular, include, but are not necessarily limited to, the following list of examples:
(1) 
Providing instruction to not more than two individuals at a time.
(2) 
Family child-care homes, as defined in Article VIII.
(3) 
Home offices for accountants, architects, attorneys, brokers, dentists, engineers, insurance agents, medical doctors, professional planners, realtors, and members of similar professions.
(4) 
Home offices for ministers, priests, rabbis, and other members of the clergy.
(5) 
Home offices for sales and manufacturer's representatives when no retail or wholesale sales are made or transacted on the premises.
(6) 
Home studios of an artist, photographer, craftsman, writer, composer, or similar person.
(7) 
Shop of a beautician, barber, hair stylist, dressmaker, tailor, or similar person.
(8) 
Homebound employment of a physically, mentally, or emotionally handicapped person who is unable to work away from home by reason of his/her disability.
C. 
Employees. Other than members of the family residing in the dwelling unit, there shall be no more than one person employed or engaged in a home occupation.
D. 
Maximum portion of dwelling unit that may be used. Not more than 25% of the habitable floor area of the dwelling unit or 1,000 square feet, whichever is less, shall be used in the conduct of the home occupation.
E. 
Use of accessory building prohibited. No home occupation shall be conducted in any accessory building and there shall be no storage of materials, equipment, or goods of any kind associated with the home occupation permitted in any accessory building.
F. 
Outside appearance. Dwelling units which contain a home occupation shall retain the appearance of a residence. There shall be no change in the outside appearance of the building or property, or other visible evidence of the conduct of such home occupation. The public display of goods visible from the street or abutting properties and any visible advertising on the premises, including signs, shall be prohibited.
G. 
Sales to the public prohibited. There shall be no sale to the general public of goods displayed on the premises.
H. 
Maximum traffic generation. No traffic shall be generated by any home occupation which is greater in volume than would normally be expected for solely residential use.
(1) 
The following shall be deemed to be prima facie evidence of a greater volume of traffic than would normally be expected for a solely residential use:
(a) 
More than seven stops per week by delivery service, such as, but not limited to, United Parcel Service, Federal Express, Express Mail, etc., for either pickup or delivery of goods; and/or
(b) 
More than 20 vehicle trips per day of any kind.
(2) 
For purposes of administering this provision, a "trip" shall be a vehicle departure or vehicle arrival; therefore, an arrival and departure by the same vehicle shall be considered two trips.
I. 
Parking. Not more than two motor vehicles of any nonresident employee, patron, client, or any other nonresident person associated with a home occupation may be parked at the same time on a lot or parcel where a home occupation is conducted. For the purposes of meeting parking demand, the dwelling's driveway shall be utilized to meet need.
J. 
Commercial vehicle parking. No more than one commercial vehicle can be used in connection with the home occupation, which shall be permitted to be parked on the premises. Said commercial vehicle shall comply with the provisions set forth in § 230-134.
K. 
Storage. Except for the parking of commercial vehicles, as permitted in Subsection J above, outdoor storage related to a home occupation shall be prohibited.
L. 
Equipment and process limitation. No equipment or process shall be used in any home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses at the property line of the premises. No equipment or process shall be used in any home occupation which causes electrical, visual or audible interference in any radio or television receiver located off the premises or causes fluctuations in line voltage off the premises.
M. 
Nuisance. There shall be no noise, dust, smoke, fumes, odor, glare, flashes, vibrations, heat, electronic radiation, objectionable effluent, unusual risk of fire, explosion or activity otherwise prohibited by law or ordinance in connection with a home occupation.
N. 
Signage. Home occupations shall not be permitted any signs identifying, advertising or otherwise accessory to the home occupation.
Fences and walls shall be a permitted accessory use in all zone districts, subject to the following provisions:
A. 
No fence or wall shall be constructed or installed so as to constitute a hazard to traffic or safety.
B. 
No fence or wall shall encroach upon or be constructed or installed within a local public road or right-of-way, unless approved as part of the site plan or subdivision application for development.
C. 
No fence or wall shall be erected of barbed wire, topped with metal spikes or electrified nor shall any fence or wall be constructed of any material or in any manner that may be dangerous to persons or to animals.
D. 
Entrance and/or driveway gates shall not open towards the street. The total footprint of the entranceway pillars and flanking walls shall not exceed 100 square feet, and the average height of the flanking walls shall not exceed five feet.
E. 
On a comer lot, all walls and fences shall comply with § 230-132.
F. 
Deer and seasonal plant protection fencing shall be constructed of vinyl or vinyl coated materials, shall be dark green, black or brown in color and shall have openings no smaller than four square inches. Deer fence posts shall be dark green, black, or brown in color.
G. 
Recreation/sport courts may be surrounded by a fence with a maximum height of 15 feet and set back at least 10 feet from any property line.
H. 
A commercial swimming pool area must be enclosed by a suitable fence with a self-latching gate at least four feet, but no more than six feet, in height. Private residential swimming pools shall provide fencing as required per § 230-152C.
I. 
The finished side for all permitted fences shall be situated on a lot in such a manner that the finished or nonstructural side shall face abutting properties or, if facing on a street or property line, shall have the front surface exposed to said street or property line.
J. 
Limitations on chain link. Chain link fences shall be permitted only in conjunction with manufacturing or warehousing operations, business uses, communication towers, public recreational facilities, governmental uses, private swimming pools in accordance with § 230-152C, and as excepted by this section. Landscaping may be required in conjunction with such fencing. In addition, chain link fences shall also be permitted in residential zones, provided that such fences shall only be permitted in the rear yard and shall be located no closer to the street than the rear wall of the dwelling. Chain link fences are specifically prohibited along any street frontage. Further, chain link fences in residential zones shall be vinyl-coated and limited to black, dark green or brown in color.
[Amended 12-9-2014 by Ord. No. 2014-33]
K. 
Stormwater flow. Fences and walls shall be erected to avoid damming or diverting the natural flow of water or shall be integrated into a grading plan that provides for the adequate movement of stormwater.
L. 
Fencing and walls shall be permitted as an accessory use in all zoning districts in accordance with the following regulations:
[Amended 3-9-2021 by Ord. No. 2021-03]
(1) 
Residential districts.
(a) 
On any lot in any district, no fence or wall, except retaining walls, shall be erected or altered so that said wall or fence shall be over four feet in height in front yard areas and six feet in height anywhere else on the lot, except:
[1] 
A dog run may have fencing a maximum of seven feet in height, provided that such use is located in rear yard areas only and is set back from any lot line at least 15 feet. Chain link fence may be used, irrespective of any regulations to the contrary.
[2] 
A deer protection fence consisting of a fence material that shall be an open type wire grid so as to minimize the fence's visual impact on surrounding properties is permitted up to a maximum height of eight feet, shall be permitted in side and rear yard areas and is permitted on lots of three acres or more. Deer and seasonal plant protection fencing shall be constructed of vinyl or vinyl-coated materials, shall be dark green, black or brown in color and shall have openings no smaller than four square inches. Deer fence posts shall be dark green, black or brown in color.
[3] 
All fencing in connection with the keeping of animals shall be located in accordance with § 230-161.2.
[4] 
A tennis court area, located in rear yard areas only, may be surrounded by a fence a maximum of 15 feet in height; said fence shall be set back at least 10 feet from any lot line. Chain link fence may be used, irrespective of any regulations to the contrary.
[5] 
No fence or wall shall exceed five feet in height in a rear yard of a through lot.
[6] 
Gates and pillars shall be permitted in residential districts only in compliance with the lot width, height and setback standards of this subsection:
[a] 
Gates and pillars shall be located only on the main entry drive to any residential property and in compliance with the following lot width and height requirements:
Minimum Lot Widths At Street Line
(feet)
Maximum Height Including Light Fixtures
(feet)
81 to 104.9
4
105 to 119.9
6
120 and over
8
[b] 
On lots of three acres or more, entrance gates may be a maximum of 12 feet in height, provided that the length of the gate does not exceed 25 linear feet.
[c] 
Gates and pillars shall be set back as to sight distance consistent with the requirements of Article IX for driveways and parking areas in residential zones. On lots with minimum widths at the street line of 105 feet and over, they shall be located at least 10 feet from side and rear property lines. On other lots where allowed, they shall be located at least five feet from side and rear property lines. In all residential districts they shall be located at least five feet from the front street right-of-way line. Gates and/or pillars shall be erected and located in a manner that will not block, obstruct or impede access to the property by Township emergency vehicles. A minimum separation of 12 feet shall be maintained between the driveway faces of pillars, including gateposts, hinges and decorative caps.
(2) 
Nonresidential districts.
(a) 
In the TC, B, OB and LR Districts, no wall or fence shall exceed a height of six feet above ground level; provided, however, that wherever tennis courts and other court sports are permitted accessory uses, a fence used to enclose said courts may be erected to a height of not more than 15 feet above ground level, and further provided that said fence is located at least 10 feet from a property line. Upon discontinuance of tennis court use, any such fence shall either be reduced to a height of six feet or removed.
(b) 
In the I Districts, no wall or fence shall exceed a height of eight feet above ground level and shall be permitted in side and rear yards only.
M. 
Retaining walls.
(1) 
The maximum height of any retaining wall, regardless of zoning district or yard location, shall be six feet.
(2) 
For purposes of applying height limits, multiple, staggered or tiered walls shall be considered single walls unless there is a minimum horizontal distance of 10 feet between the top of any section or tier and the base of any one section or tier; the horizontal distance between the top of any section or tier shall be equal to or greater than the height of the taller section or tier. These provisions shall apply to multiple staggered or tiered walls which span property lines.
(3) 
Retaining walls shall be constructed with the following materials only:
(a) 
Stone, brick, concrete or cinder block faced with stone, brick or similar masonry material.
(b) 
Concrete shadow and open block, concrete and cinder block coated with concrete or stucco material and painted concrete block.
(c) 
Railroad tie or similar timber material.
(4) 
Prior to final approval of any retaining walls exceeding four feet in height, a certification shall be provided by a New Jersey licensed professional engineer attesting that the retaining wall was constructed in conformance with the structural design.
(5) 
Retaining walls shall be exempt from the requirements of § 230-71B(12); however a fence or safety barrier must be constructed at the top of the retaining wall, within the jurisdictional limits of § 230-71B(12). A safety fence up to 42 inches in height may be constructed atop a retaining wall; any fencing over and above said height atop a retaining wall shall require variance relief.
[Amended 12-9-2014 by Ord. No. 2014-33]
N. 
Freestanding wall construction. Freestanding walls shall be constructed with the following materials only:
(1) 
Stone, brick, concrete or cinder block faced with stone, brick or similar masonry material.
(2) 
Concrete shadow and open block, concrete and cinder block coated with concrete or stucco material and painted concrete block.
O. 
Fence construction.
(1) 
Fences shall be constructed of wood, aluminum, iron, or vinyl, inclusive of the following styles: picket, split rail, stockade, basket weave, louver, and similar. Chain link fencing shall be permitted only as specified at § 230-159J.
[Amended 12-9-2014 by Ord. No. 2014-33]
(2) 
No section of a fence located between any two upright supports shall be constructed of a single, solid wood panel unless said section of fence is 40% open.
(3) 
All fences shall be properly supported by securely anchored posts.
(4) 
The use of barbed wire or wire on which barbs or points are strung or fastened is prohibited, except in I Districts and then only when said wire is attached to a fence above a height of six feet.
P. 
All walls and fences shall be maintained in safe, sound and upright condition.
Q. 
Permits for walls and fences.
(1) 
Prior to the erection or alteration of any wall or fence, a permit for same shall be obtained from the Zoning Office in accordance with all applicable procedures and requirements of the Department.
(2) 
Prior to the issuance of a permit for any wall or fence in connection with any use, other than a one- or two-family dwelling, the Zoning Officer shall refer the application to the Planning Board for its approval, unless approval was already granted in connection with a subdivision or site plan application. In reviewing the application, the Planning Board, at its discretion, may refer same to the Design Review Committee in accordance with § 230-36.
Solar energy devices shall be a permitted accessory use in all zone districts, subject to the following provisions:
A. 
The primary purpose of the proposed solar energy device(s) shall be to produce electricity for consumption by the principal use of the property whereon said solar energy device(s) is to be located, or for the resale or transfer to the connected electricity power supply grid.
B. 
Solar energy devices may be freestanding or attached to principal or accessory uses, buildings or structures.
C. 
If freestanding, the solar energy device(s) and associated equipment shall not exceed 12 feet in height and shall be located not less than 12 feet from any side or rear property line, nor less than six feet from any other principal or accessory structure. Freestanding device(s) are prohibited in front yard areas.
D. 
If attached, the solar energy device(s) and associated equipment shall not be more than three feet higher than the finished roof to which it is mounted. In no instance shall any part of the device extend beyond the edge of the roof.
E. 
All solar energy devices shall be exempt for purposes of calculating impervious coverage on a lot.
Green roofs ("ecoroofs") shall be permitted in all zone districts, subject to the following provisions:
A. 
Structural support. The structural roof support must be sufficient to hold the additional weight of the green roof. Generally, the building structure must be adequate to hold an additional 15 to 30 pounds per square foot (psf) saturated weight, including the vegetation and growing medium that will be used (in addition to snow load requirements). An existing rock ballast roof may be structurally sufficient to hold a 10 to 20 psf green roof (if the ballast is removed). Notwithstanding the above provisions, the roof structure and any green roof additions must meet all applicable building codes.
B. 
Impervious coverage calculation. The area of a green roof shall be excluded from the calculation of impervious coverage at a one-to-one (1:1) ratio, provided the green roof does not receive water from other impervious areas.
C. 
Slope. The maximum roof slope shall be 25%, unless the applicant provides documentation of runoff control on steeper slopes.
D. 
Waterproofing. A good quality waterproofing material, such as modified asphalt, synthetic rubber, or reinforced thermal plastics, shall be used on the roof surface.
E. 
Root barrier. If a root barrier is used in addition to waterproofing material, it must extend under any gravel ballast and the growing medium and up the side of any vertical elements. Root barriers impregnated with pesticides, metals, or other chemicals that may leach into stormwater are not permitted, unless the applicant can provide documentation that leaching does not occur.
F. 
Drainage. A method of drainage must be provided, although a manufactured product is not required. The drainage layer may include fabric, gravel, or be the growing medium itself. An approved discharge location must be identified for every green roof and drain provided.
G. 
Growing medium. A minimum of four inches of growing medium is required, composed of roughly 70% porous material, 20% organic material (i.e., aged compost), and 10% digested fiber or other mix approved by the Township Landscape Architect or Landscape Architect Consultant. Green roofs with more than six inches of growing medium are acceptable, provided they meet all other requirements.
H. 
Vegetation and coverage. Drought-tolerant plants must achieve 90% coverage within two years. At least 50% of the green roof must be composed of evergreen species. A maximum of 10% of the green roof may be composed of nonvegetated components such as gravel ballast, pavers for maintenance access, etc. Mechanical units may protrude through the green roof; but are not considered elements of the green roof. Green roof vegetation shall be:
(1) 
Drought-tolerant, requiring little or no irrigation after establishment;
(2) 
Self-sustaining, without the need for fertilizers, pesticides, or herbicides;
(3) 
Able to withstand heat, cold, and high winds;
(4) 
Very low maintenance, needing little or no mowing or trimming;
(5) 
Perennial or self-sowing;
(6) 
Fire-resistant; and
(7) 
Noninvasive alien plant and tree species (as specified by the Plant Conservation Alliance Working Group).
I. 
Mulch. A method to protect exposed soil from erosion must be provided, such as gravel mulch.
J. 
Maintenance. Only nonchemical fertilizers may be used. Pesticides and herbicides of any kind are prohibited on green roofs. During the establishment period (up to three years), irrigation shall not exceed 1/2 inch of water every 10 days, regardless of water source. Post-establishment irrigation shall not exceed 1/4 inch of water every 14 days (May through October), regardless of water source.
[Added 2-22-2022 by Ord. No. 2022-06[1]]
A. 
Purpose. The purpose of this section is to promote and encourage the use of electric vehicles by requiring the safe and efficient installation of EVSE and make-ready parking spaces through municipal parking regulations and other standards. EVSE and make-ready parking spaces will support the state's transition to an electric transportation sector, reducing automobile air pollution, greenhouse gas emissions, and stormwater runoff contaminants. The goals are to:
(1) 
Provide adequate and convenient EVSE and make-ready parking spaces to serve the needs of the traveling public.
(2) 
Provide opportunities for residents to have safe and efficient personal EVSE located at or near their place of residence.
(3) 
Provide the opportunity for nonresidential uses to supply EVSE to their customers and employees.
(4) 
Create standard criteria to encourage and promote safe, efficient, and cost-effective electric vehicle charging opportunities in all zones and settings for convenience of service to those that use electric vehicles.
B. 
Approvals and permits.
(1) 
An application for development submitted solely for the installation of EVSE or make-ready parking spaces shall be considered a permitted accessory use and permitted accessory structure in all zoning or use districts and shall not require a variance pursuant to N.J.S.A. 40:55D-70.
(2) 
EVSE and make-ready parking spaces installed pursuant to Subsection C below in development applications that are subject to site plan approval are considered a permitted accessory use as described in Subsection B(1) above.
(3) 
All EVSE and make-ready parking spaces shall be subject to applicable local and/or Department of Community Affairs permit and inspection requirements.
(4) 
The Land Use Administrator shall enforce all signage and installation requirements described in this section. Failure to meet the requirements in this section shall be subject to the same enforcement and penalty provisions as other violations of Montville Township's land use regulations.
(5) 
An application for development for the installation of EVSE or make-ready spaces at an existing gasoline service station, an existing retail establishment, or any other existing building shall not be subject to site plan or other land use board review, shall not require variance relief pursuant to N.J.S.A. 40:55D-1 et seq. or any other law, rule, or regulation, and shall be approved through the issuance of a zoning permit by the administrative officer, provided the application meets the following requirements:
(a) 
The proposed installation does not violate bulk requirements applicable to the property or the conditions of the original final approval of the site plan or subsequent approvals for the existing gasoline service station, retail establishment, or other existing building;
(b) 
All other conditions of prior approvals for the gasoline service station, the existing retail establishment, or any other existing building continue to be met; and
(c) 
The proposed installation complies with the construction codes adopted in or promulgated pursuant to the "State Uniform Construction Code Act," P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), any safety standards concerning the installation, and any state rule or regulation concerning electric vehicle charging stations.
(6) 
An application pursuant to Subsection B(5) above shall be deemed complete if:
(a) 
The application, including the permit fee and all necessary documentation, is determined to be complete;
(b) 
A notice of incompleteness is not provided within 20 days after the filing of the application; or
(c) 
A one-time written correction notice is not issued by the Land Use Administrator within 20 days after filing of the application detailing all deficiencies in the application and identifying any additional information explicitly necessary to complete a review of the permit application.
(7) 
EVSE and make-ready parking spaces installed at a gasoline service station, an existing retail establishment, or any other existing building shall be subject to applicable local and/or Department of Community Affairs inspection requirements.
(8) 
A permitting application solely for the installation of electric vehicle supply equipment permitted as an accessory use shall not be subject to review based on parking requirements.
C. 
Requirements for new installation of EVSE and make-ready parking spaces.
(1) 
As a condition of preliminary site plan approval, for each application involving a multiple dwelling with five or more units of dwelling space, which shall include a multiple dwelling that is held under a condominium or cooperative form of ownership, a mutual housing corporation, or a mixed-use development, the developer or owner, as applicable, shall:
(a) 
Prepare as make-ready parking spaces at least 15% of the required off-street parking spaces, and install EVSE in at least 1/3 of the 15% of make-ready parking spaces;
(b) 
Within three years following the date of the issuance of the certificate of occupancy, install EVSE in an additional 1/3 of the original 15% of make-ready parking spaces; and
(c) 
Within six years following the date of the issuance of the certificate of occupancy, install EVSE in the final 1/3 of the original 15% of make-ready parking spaces.
(d) 
Throughout the installation of EVSE in the make-ready parking spaces, at least 5% of the electric vehicle supply equipment shall be accessible for people with disabilities.
(e) 
Nothing in this subsection shall be construed to restrict the ability to install electric vehicle supply equipment or make-ready parking spaces at a faster or more expansive rate than as required above.
(2) 
As a condition of preliminary site plan approval, each application involving a parking lot or garage not covered in Subsection C(1) above shall:
(a) 
Install at least one make-ready parking space if there will be 50 or fewer off-street parking spaces.
(b) 
Install at least two make-ready parking spaces if there will be 51 to 75 off-street parking spaces.
(c) 
Install at least three make-ready parking spaces if there will be 76 to 100 off-street parking spaces.
(d) 
Install at least four make-ready parking spaces, at least one of which shall be accessible for people with disabilities, if there will be 101 to 150 off-street parking spaces.
(e) 
Install at least 4% of the total parking spaces as make-ready parking spaces, at least 5% of which shall be accessible for people with disabilities, if there will be more than 150 off-street parking spaces.
(f) 
In lieu of installing make-ready parking spaces, a parking lot or garage may install EVSE to satisfy the requirements of this subsection.
(g) 
Nothing in this subsection shall be construed to restrict the ability to install electric vehicle supply equipment or make-ready parking spaces at a faster or more expansive rate than as required above.
(h) 
Notwithstanding the provisions of this section, a retailer that provides 25 or fewer off-street parking spaces or the developer or owner of a single-family home shall not be required to provide or install any electric vehicle supply equipment or make-ready parking spaces.
D. 
Minimum parking requirements.
(1) 
All parking spaces with EVSE and make-ready equipment shall be included in the calculation of minimum required parking spaces, pursuant to Schedule E, Off-Street Parking Requirements, included at the end of this chapter.[2]
[2]
Editor's Note: Said schedule is included as an attachment to this chapter.
(2) 
A parking space prepared with EVSE or make-ready equipment shall count as at least two parking spaces for the purpose of complying with a minimum parking space requirement. This shall result in a reduction of no more than 10% of the total required parking.
(3) 
All parking space calculations for EVSE and make-ready equipment shall be rounded up to the next full parking space.
(4) 
Additional installation of EVSE and make-ready parking spaces above what is required in Subsection C above may be encouraged, but shall not be required in development projects.
E. 
Reasonable standards for all new EVSE and make-ready parking spaces.
(1) 
Location and layout of EVSE and make-ready parking spaces is expected to vary based on the design and use of the primary parking area. It is expected flexibility will be required to provide the most convenient and functional service to users. Standards and criteria should be considered guidelines and flexibility should be allowed when alternatives can better achieve objectives for provision of this service.
(2) 
Installation.
(a) 
Installation of EVSE and make-ready parking spaces shall meet the electrical subcode of the Uniform Construction Code, N.J.A.C. 5:23-3.16.
(b) 
Each EVSE or make-ready parking space that is not accessible for people with disabilities shall be not less than nine feet wide or 18 feet in length. Exceptions may be made for existing parking spaces or parking spaces that were part of an application that received prior site plan approval.
(c) 
To the extent practical, the location of accessible parking spaces for people with disabilities with EVSE and make-ready equipment shall comply with the general accessibility requirements of the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.
(d) 
Each EVSE or make-ready parking space that is accessible for people with disabilities shall comply with the sizing of accessible parking space requirements in the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.
(3) 
EVSE parking.
(a) 
Publicly accessible EVSE.
[1] 
Publicly accessible EVSE shall be reserved for parking and charging of electric vehicles only. Electric vehicles shall be connected to the publicly accessible EVSE when parked in spaces equipped with same.
[2] 
A time limit on the use of publicly accessible EVSE may be established by the property owner or designee.
[3] 
Electric vehicles may be parked in any parking space designated for parking, subject to the restrictions that would apply to any other vehicle that would park in that space.
[4] 
Pursuant to N.J.S.A. 40:48-2, publicly accessible EVSE parking spaces shall be monitored by the Township's Police Department and enforced in the same manner as any other parking. It shall be a violation of this section to park or stand a nonelectric vehicle in such a space, or to park an electric vehicle in such a space when it is not connected to the EVSE. Any nonelectric vehicle parked or standing in a EVSE parking space or any electric vehicle parked and not connected to the EVSE shall be subject to fine and/or impoundment of the offending vehicle as described in the general penalty provisions of the Township Code at Chapter 1, Article III. Signage indicating the penalties for violations shall comply with Subsection E(5) below. Any vehicle parked in such a space shall make the appropriate payment for the space and observe the time limit for the underlying parking area, if applicable.
(b) 
Private EVSE. The use of private EVSE shall be monitored by the property owner or designee.
(4) 
Safety.
(a) 
Each publicly accessible EVSE shall be located at a parking space that is designated for electric vehicles only and identified by green-painted pavement and/or curb markings, a green-painted charging pictograph symbol, and appropriate signage pursuant to Subsection E(5) below.
(b) 
Where EVSE is installed, adequate site lighting and landscaping/screening shall be provided in accordance with Montville Township's ordinances and regulations.
(c) 
Adequate EVSE protection such as concrete-filled steel bollards shall be used for publicly accessible EVSE. Nonmountable curbing may be used in lieu of bollards if the EVSE is set back a minimum of 24 inches from the face of the curb. Any stand-alone EVSE bollards should be three to four feet high with concrete footings placed to protect the EVSE from accidental impact and to prevent damage from equipment used for snow removal.
(d) 
EVSE outlets and connector devices shall be no less than 36 inches and no higher than 48 inches from the ground or pavement surface where mounted, and shall contain a cord management system as described in Subsection E(4)(e) below. Equipment mounted on pedestals, lighting posts, bollards, or other devices shall be designated and located as to not impede pedestrian travel, create trip hazards on sidewalks, or impede snow removal.
(e) 
Each EVSE shall incorporate a cord management system or method to minimize the potential for cable entanglement, user injury, or connector damage. Cords shall be retractable or have a place to hang the connector and cord a safe and sufficient distance above the ground or pavement surface. Any cords connecting the charger to a vehicle shall be configured so that they do not cross a driveway, sidewalk, or passenger unloading area.
(f) 
Where EVSE is provided within a pedestrian circulation area, such as a sidewalk or other accessible route to a building entrance, the EVSE shall be located so as not to interfere with accessibility requirements of the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.
(g) 
Publicly accessible EVSEs shall be maintained in all respects, including the functioning of the equipment. A twenty-four-hour on-call contact shall be provided on the equipment for reporting problems with the equipment or access to it. To allow for maintenance and notification, the Township of Montville shall require the owners/designee of publicly accessible EVSE to provide information on the EVSE's geographic location, date of installation, equipment type and model, and owner contact information.
(h) 
All EVSE shall comply with the sight triangle requirements set forth at § 230-58Q.
(5) 
Signs.
(a) 
Publicly accessible EVSE shall have posted regulatory signs, as identified in this subsection, allowing only charging electric vehicles to park in such spaces. For purposes of this section, "charging" means that an electric vehicle is parked at an EVSE and is connected to the EVSE. If time limits or vehicle removal provisions are to be enforced, regulatory signs including parking restrictions shall be installed immediately adjacent to and visible from the EVSE. For private EVSE, installation of signs and sign text is at the discretion of the owner.
(b) 
All regulatory signs shall comply with visibility, legibility, size, shape, color, and reflectivity requirements contained within the Federal Manual on Uniform Traffic Control Devices as published by the Federal Highway Administration.
(c) 
Wayfinding or directional signs, if necessary, shall be permitted at appropriate decision points to effectively guide motorists to the EVSE parking space(s). Wayfinding or directional signage shall be placed in a manner that shall not interfere with any parking space, drive lane, or exit and shall comply with § 230-161.1E(5)(b) above.
(d) 
In addition to the signage described above, the following information shall be available on the EVSE or posted at or adjacent to all publicly accessible EVSE parking spaces:
[1] 
Voltage and amperage levels;
[2] 
Hour of operations and/or time limits if time limits or tow-away provisions are to be enforced by the municipality or owner/designee;
[3] 
Usage fees and parking fees, if applicable; and
[4] 
Contact information (telephone number) for reporting when the equipment is not operating or other problems.
(e) 
A logo advertising the manufacturer of the EVSE shall be permitted on the EVSE, provided that said logo does not exceed one square foot.
(6) 
Usage fees.
(a) 
Private EVSE: Nothing in this section shall be deemed to preclude a private owner/designee of an EVSE from collecting a fee for the use of the EVSE, in accordance with applicable state and federal regulations. Fees shall be available on the EVSE or posted at or adjacent to the EVSE parking space.
[1]
Editor's Note: This ordinance also repealed former § 260-161.1, Electric vehicle charging stations, added 3-9-2021 by Ord. No. 2021-03.
[Added 3-9-2021 by Ord. No. 2021-03]
The keeping of small animals, farm animals, domestic fowl and bees is permitted outright in all zones as an accessory use to any principal use or permitted conditional use, in each case subject to the standards of this section. This section shall not be interpreted to apply to commercial stables and arenas for equestrian activities, which are regulated under § 230-164, or to kennels, which are regulated under § 230-165.
A. 
Small animals. Up to three small animals may be kept accessory to each business establishment and up to six small animals may be kept accessory to each dwelling unit on a lot, except as follows:
(1) 
On permitted single-family lots, up to eight small animals are permitted on lots of at least 20,000 square feet; and one additional small animal is permitted for each 5,000 square feet of lot area in excess of 20,000 square feet. Accessory structures, including fences, for eight or more animals must be at least 10 feet from any other lot in a residential zone, unless the Township Code otherwise requires a greater setback for certain types of structures.
B. 
Domestic fowl. Up to eight domestic fowl may be kept on any lot in addition to the small animals permitted in Subsection A above.
(1) 
On lots containing farms, as defined herein, one additional fowl is permitted for every 1,000 square feet of lot area over 10,000 square feet in farm use.
(2) 
Roosters, ostriches, and emus are not permitted, except on properties with a minimum lot size of five acres.
(3) 
Structures housing domestic fowl must be located at least 10 feet away from any property line.
C. 
Farm animals. Farm animals, as defined herein, are permitted only on lots of at least one acre. The keeping of swine is prohibited, except as permitted per Chapter 438, Swine, of the Township Code.
(1) 
One farm animal is permitted for every 10,000 square feet of lot area.
(2) 
Farm animals and structures housing them must be kept at least 50 feet from any other lot in a residential zone.
(3) 
The keeping of any number of farm animals shall require a permit issued by the Board of Health.
(a) 
The Board of Health shall establish a reasonable fee for permit applications, inspections and renewals.
(b) 
Permits shall be in effect for a period of two years from the date of issue, unless sooner revoked; provided, however, that permits shall automatically terminate upon transfer of ownership or occupancy of the subject property.
(c) 
If the Board finds that the issuance of the requested permit may result in a nuisance or unsanitary conditions or that it will otherwise create a risk of harm to public health, safety or welfare, the Board may deny the application.
(d) 
In approving the issuance of a permit, the Board may impose reasonable conditions designed to protect public health, safety and welfare and to prevent nuisance and unsanitary conditions, including but not limited to restricting the number or types of animals that may be kept at any one time or restricting the keeping of animals to only certain locations on the property.
D. 
Beekeeping. Beekeeping is permitted in accordance with the following:
(1) 
Beehives shall be permitted on lots of at least 25,000 square feet in area, limited to two hives per lot.
(2) 
Beehives shall not be permitted in the front or side yard and shall have minimum required setbacks of 50 feet from all lot lines.
(3) 
No hive shall be located within 100 feet of any dwelling unit other than that occupied by the person(s) maintaining the hive(s).
E. 
General requirements for the keeping of animals.
(1) 
All animals shall be kept in such a manner so as not to create an unsanitary condition, and so as not to result in unreasonable levels of noise, odor or other conditions which disturb the peace and quiet enjoyment of neighboring properties.
(2) 
Manure shall be stored in such a manner and location that it does not create an unsanitary condition and so as to prevent drainage or run-off into any wetland resource area.
(3) 
No manure storage area shall be located within:
(a) 
One hundred feet of wetlands or watercourses.
(b) 
One hundred feet of wells.
(c) 
Four hundred feet of public water supply wells.
(d) 
One hundred feet of property lines.