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.
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]
[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.
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.
(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:
(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.
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:
(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:
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.
(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.
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.
(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.
