[Amended 2-9-2000 by Ord. No. 2-2000]
The use of land within the Township of Wall shall be subject to the following standards and limitations. Permitted and conditional uses are specifically designated on the Schedule of Permitted and Conditional Uses[1] and identified, where appropriate, by the USOMB's North American Industry Classification System (NAICS I997). All land uses shall conform with the performance standards set forth herein.
[1]
Editor's Note: The Schedule of Permitted and Conditional Uses is included at the end of this chapter.
A. 
The uses listed on the Schedule of Permitted and Conditional Uses shall be permitted in the zones designated. Said schedule is annexed hereto and made a part hereof.[1]
(1) 
Expedited review of NAICS code revisions. The Township recognizes that there may be additional uses identified by NAICS codes not contained in the Schedule of Permitted and Conditional Uses, Nonresidential Zone Districts, the inclusion of which in certain zones would be consistent with the intent and provisions of the Master Plan and this chapter.
(2) 
An applicant may request the inclusion of an additional NAICS code as a permitted or conditional use in any nonresidential zone district and shall receive an expedited review and decision on such request.
(3) 
The Land Use Officer shall prepare a one-page application form for consideration of the addition of an NAICS code to the Schedule of Permitted and Conditional Uses. An applicant may also submit such additional information concerning the nature of the applicant's use as the applicant may wish the Township to consider. There shall be no fee for the making of such an application.
(4) 
The Land Use Officer, within seven days of receipt of such an application, shall forward the application to the Township Committee, together with a report and recommendation concerning the application.
(5) 
The Township Committee shall review and act upon the application at its first regular executive meeting alter receipt of the report and recommendation from the Land Use Officer.
[1]
Editor's Note: The Schedule of Permitted and Conditional Uses is included at the end of this chapter.
B. 
Municipal buildings, facilities and services essential to the operation of the Township, subject to general review and recommendation by the Planning Board, are permitted in all zones.
[Added 8-8-2012 by Ord. No. 11-2012]
A. 
Definitions:
COLLECTOR SURFACE
Any part of a solar collector that absorbs solar energy for use in the collector's energy transformation process. Collector surface does not include frames, support and mounting hardware.
PRESERVED OPEN SPACE and PRESERVED FARMLAND
Land on which a development easement was conveyed to, or retained by, the State Agricultural Development Committee, a board, or a qualifying tax-exempt nonprofit organization pursuant to the provisions of § 24 of N.J.S.A. 4:1C-31, § 5 of N.J.S.A. 4:1C-31.1, § 1 of N.J.S.A. 4:1C-38, § 1 of N.J.S.A. 4:1C-43.1, §§ 37 through 40 of N.J.S.A. 13.8C-37 through 13:8C-40, or any other state law enacted for farmland preservation purposes.
RENEWABLE ENERGY FACILITY
A facility that engages in the production of electric energy from solar technologies, photovoltaic technologies, or other solar-based technology.
SOLAR COLLECTOR
A device, structure or part of a device or structure in which a substantial purpose is used to transform solar energy into thermal, mechanical, chemical or electrical energy.
SOLAR ENERGY
Direct radiant energy received from the sun.
SOLAR ENERGY SYSTEM
One or more solar panels and all associated equipment involved in the conversion of solar radiation to electrical energy which functions as the only principal use on the land on which such system is situated, said land constituting 10 or more acres in size.
SOLAR PANEL
A structure containing one or more receptive cells or collector devices, the purpose of which is to use solar radiation to create usable electrical energy.
B. 
Solar energy systems.
(1) 
Solar energy systems shall be a permitted use in the AI, GI-10, GI-5, OP-10, OR-10 and OR-5 zones of the Township, and shall constitute the principal use of the lot on which it is located. For all such systems site plan approval is required. Any proposed installation which is not in one of the zones listed herein shall be considered a prohibited use.
(2) 
A person who owns a preserved farmland may construct, install and operate solar energy systems on an area less than the ten-acre minimum for such a use on the preserved portions of the farm or on any portion excluded from preservation.
(3) 
A site plan application for a solar energy system shall address, and not be limited to, buffering, care and maintenance of all property associated with the installation, security, visual impacts, drainage, traffic to and from the site. Installations shall be subject to the following requirements:
(a) 
The location of ground-mounted arrays and freestanding collectors shall be set back a distance of 50 feet from all property lines.
(b) 
Ground-mounted arrays shall not exceed 20 feet in height when oriented at maximum tilt.
(c) 
A twenty-five-foot-wide, densely planted perimeter landscaped buffer that includes a combination of evergreen trees and shrubs with a six-foot-tall black vinyl-coated chain link fence located inside the landscape permineter. Plantings shall not be a lesser height than that of the solar array at time of plantings.
(d) 
No more than 80% of the total lot area shall be utilized for a solar energy system installation.
(4) 
To the extent reasonably possible, solar energy panels, regardless of how they are mounted, shall be oriented and/or screened year round so that glare is directed away from adjoining properties and streets.
(5) 
To the extent reasonably possible, solar energy systems shall be designed using such features as colors, materials, textures, screening and landscaping so as to blend into their settings and avoid visual blight. The solar energy systems shall remain painted or finished in the color or finish that was originally applied by the manufacturer. The exterior surface of any visible components shall be a nonreflective, neutral color like white, grey or another nonobtrusive color. Finishes shall be matter or nonreflective.
(6) 
Solar energy systems shall not be used for the display of advertising.
(7) 
All solar energy system collector installations must be performed by a qualified solar installer, and prior to operation the electrical connections must be inspected by the Construction Office or other appropriate electrical inspection agency as determined by the Township. In addition, any interconnection to the public utility grid must be inspected by the appropriate public utility.
(8) 
When solar storage batteries are included as part of the solar energy collector system, they must be placed in a secure container or enclosure meeting the requirements of the New Jersey State Building Code when in use and when no longer used shall be disposed of in accordance with the laws and regulations of the State of New Jersey and other applicable laws and regulations.
(9) 
Clearing of natural vegetation for the installation of a solar energy system shall be limited to that which is necessary for the construction, operation and maintenance of the system and as otherwise prescribed by applicable laws, regulations and ordinances.
(10) 
Any trees to be removed to accommodate the installation of a solar energy system shall be accompanied by a plan demonstrating the need to remove the trees. Any applicant shall locate a solar energy system so that tree removal is not required, to the extent practical.
(11) 
Any ancillary buildings and any outside storage associated with a solar energy system must, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend the facility into the natural setting and existing environment (i.e., in an agricultural setting accessory buildings could be designed to look like barns). Appropriate landscaping and architecture shall be provided to screen accessory structures from roads and adjacent residences.
(12) 
Decommissioning of system.
(a) 
Any solar energy system that has generated no electricity for a period of 12 months shall be deemed to be abandoned and shall be decommissioned within six months. A decommissioning plan shall be submitted to the approving authority as part of the site plan application process. The decommissioning plan shall include, but not be limited to the following:
[1] 
A time schedule and methods for the removal of the entire solar panel array and all associated facilities and equipment connected thereto from the premises;
[2] 
Cleaning and restoration of the property to its preinstalled condition, including grading and vegetative restabilization to eliminate any negative impacts to surrounding properties; and
[3] 
Posting of a performance bond prior to the start of the decommissioning work, in an amount to be determined by the Township Engineer, to insure the completion of this work in accordance with this and other relevant ordinances and codes.
(b) 
If said decommissioning has not been completed within the requisite six-month period, then the Township's Zoning Officer shall provide written notice by certified mail to the landowner requiring that decommissioning be completed within 30 calendar days of the receipt of said notice.
(c) 
If the decommissioning has not been completed within 30 calendar days of the receipt of said notice, the Township may either undertake the decommissioning and charge the landowner and/or facility owner and operator for all of the costs and expenses thereof, including reasonable attorney's fees, or take appropriate legal action to compel the decommissioning. All costs incurred by the Township shall be billed to the landowner and if not paid within 60 calendar days of billing, shall become a lien against the property.
[Amended 2-28-2018 by Ord. No. 2-2018; 5-26-2021 by Ord. No. 11-2021; 9-24-2025 by Ord. No. 18-2025]
A. 
Any use not specifically permitted in § 140-139 is prohibited except as noted in § 140-141. The following uses or activities are hereby prohibited anywhere within the Township:
(1) 
Manufacture of acetylene or ammonia.
(2) 
Manufacture or bulk storage of pyroxylin, plastics, explosives, fireworks or matches.
(3) 
Manufacture of acids.
(4) 
Manufacture of heavy chemicals.
(5) 
Refining of petroleum or the storage of petroleum products having a flash point of under 150º F., in excess of 200,000 gallons.
(6) 
The manufacture, batching or mixing of asphalt, asphalt products or bituminous concrete.
(7) 
Refining or manufacture of animal black, bone black, or lamp black.
(8) 
Refining, manufacture or mixing of fertilizer or potash.
(9) 
Incinerators, garbage or refuse disposal dumps or landfill, except public sanitary landfills owned by the Township.
(10) 
Manufacture of disinfectants, insecticides or other poisons or toxic gases.
(11) 
Manufacture of dye.
(12) 
Rendering or refining of grease, fat or tallow.
(13) 
Manufacture of glue, size or gelatins, where the process includes the refining and recovery of products from fish, animal refuse or offal.
(14) 
Stockyards or the slaughtering or processing of animals, fish or poultry or parts thereof.
(15) 
Storage, cleaning, curing or tanning of rawhides or skins or the pulling of wool.
(16) 
Coke ovens or manufacture of derivatives of coke.
(17) 
Manufacture or production of metals or alloys in ingot form.
(18) 
Crematoriums.
(19) 
Manufacture of rubber or rubber products.
(20) 
Manufacture of plastic or cork or their constituents.
(21) 
Manufacture of paints, oils and varnishes.
(22) 
Manufacture of soaps or detergents.
(23) 
Manufacture or repair of boilers, tank or pipe.
(24) 
Firearm target ranges, skeet or trap ranges or any place where firearms, bow and arrow, cross bow, air driven weapon, sling shot or similar weapon is discharged for practice or competitive purposes.
(25) 
Discharge of firearms, bow and arrow, cross bow, air driven weapon, sling shot or similar weapon in all of that area of the Township lying to the east and south of the center lines of the roads set forth in the following description: Beginning at a point the intersection of the center line of School House Road and the boundary line between the Township of Wall and the Township of Neptune, thence southwesterly along School House Road to the easterly right-of-way line of the Garden State Parkway, thence southeasterly along the easterly right-of-way tine of the Garden State Parkway to Belmar Boulevard; thence southeasterly along Belmar Boulevard to Woodfield Avenue; thence, along Woodfield Avenue to Allenwood Road; thence in a northeasterly direction along Allenwood Road to Belmar Boulevard; thence southeasterly along Glendola Road to Hurley Pond Road; thence southeasterly along Hurley Pond Road to New Bedford Road; thence southeasterly along New Bedford Road to Route No. 35; thence southerly along Route No. 35 to Route No. 34; thence northwesterly along Route No. 34 to Panther Trail; thence southwesterly along Panther Trail to Ramshorne Drive; thence northerly along Ramshorne Drive to River Bluffs Lane; thence southwesterly along River Bluffs Lane to Birch Place; thence northwesterly along Birch Place to Lorraine Court; thence southwesterly along the center line of Lorraine Court and the extension thereof to the Wall Township boundary in the Manasquan River.
(26) 
Rooming or boarding houses.
(27) 
Keeping or raising of horses or other similar animals or farming as defined in this chapter on lots comprised of less than five acres.
(28) 
Trailer courts, camps or parks.
(29) 
Any use of land or building or any activity which will adversely affect or impair the lawful use or peaceful enjoyment of any other land or buildings.
(30) 
Raising of swine or fowl except as set forth in § 140-208.1.
(31) 
Dog kennels.
(32) 
Landing of aircraft or landing areas for aircraft, in any zone except in the AI Airport Industrial zone.
(33) 
Junkyards.
(34) 
All classes (1 through 6) of cannabis establishment or cannabis distributors or cannabis delivery services, including cannabis cultivators, manufacturers, wholesalers, retailers, cannabis testing facilities, medical cannabis dispensaries, clinical registrant or cannabis retailer, including any alternative treatment centers deemed to hold a medical cannabis dispensary permit pursuant to Section 7 of P.L. 2009, c. 307 (N.J.S.A. 24:6I-7) are expressly prohibited within the Township of Wall.