A.
Before any permit is issued for a conditional use,
applications shall be made to the approving authority. In reviewing
the application, the approving authority shall review the number of
employees or users of the property, the requirements set forth in
this chapter, and shall give due consideration to elements which would
affect the public health, welfare, safety, comfort, and convenience,
such as, but not limited to, the proposed uses, the character of the
area, vehicular travel patterns and access, pedestrianways, landscaping,
lighting, signs, drainage, sewage treatment, potable water supply,
utilities, and structural locations and orientations, and shall conduct
a public hearing on the application. A conditional use shall be deemed
to be a permitted use in the zoning district in which it is located,
and each conditional use shall be considered as an individual case.
In all requests for approval of conditional uses, the burden of proof
shall be on the applicant. A conditional uses shall require site plan
approval.
B.
In approving a conditional use, a time limit of one
year from the date of the approval shall be set within which time
the owner shall secure a building permit; otherwise, the approval
shall be null and void.
C.
The approving authority shall not approve a conditional
use unless it finds that the use meets all the requirements of this
chapter, does not substantially impair the use and enjoyment of surrounding
properties, and does not substantially impair the character of the
surrounding area and is reasonably necessary for the convenience of
the public in the location proposed.
A.
Public utilities and public or institutional uses,
such as schools teaching academic subjects, hospitals, and federal,
state and county buildings used for public purposes may be located
in any of the residential zones if permitted by the approving authority
as conditional uses, pursuant to N.J.S.A. 40:55D-67.
B.
A lot devoted to such use may contain more than one
principal building, provided that such principal buildings are separated
by a minimum of 25 feet and all applicable setback requirements are
met.
C.
Where such conditional uses are permitted, all requirements
for the zone involved shall be complied with, including, but not limited
to, height, yards, minimum lot area, minimum floor area, off-street
parking, signs, performance standards and site plan approval.
A.
Permitted areas. A public garage or motor vehicle
service station, while necessary, may be inimical to the public safety
and welfare if located without due consideration of conditions and
surroundings. No such use shall be permitted in any district other
than the B-1 or B-2 Districts.
B.
Requirements. Anything in this chapter to the contrary
notwithstanding, the approving authority shall not order, direct or
authorize the use of any building, structure or premises as or for
a public garage or service station unless:
(1)
The entrance and exit driveway or driveways are at
least 24 feet wide but not more than 50 feet wide, 10 feet from adjoining
property lines, and at least 50 feet from the corner of intersecting
public streets. There shall be at least two driveways.
(2)
Every gasoline or oil tank, pump, lift, filling, greasing
or other device, appliance or apparatus shall be located at least
30 feet from any street line and at least 20 feet from the side and
rear lines of the premises.
(3)
The nearest boundary line of the lot or parcel of
land to be so used shall be at least 300 feet from any boundary line
of property which is used as, or upon which is erected:
(a)
A public or private school.
(b)
A church or other place of worship.
(c)
A hospital.
(d)
A public library, public art museum or other
public building.
(e)
A theater or other building or structure used
or intended to be used for motion picture, theatrical or operatic
productions, or for public entertainment.
(f)
A public playground or civic center.
(g)
A firehouse or fire station.
(h)
An existing service station.
(4)
A landscaped buffer strip shall be established and maintained along all lot lines other than street lines. Such buffer strips shall be a minimum of 10 feet in width and shall meet the requirements prescribed in § 361-84.
(5)
The buffer strip required above shall also contain screening such as dense hedges, decorative fencing or landscaped earth berms as further prescribed in § 361-85.
(6)
The site plan shall show the number and location of
fuel tanks to be installed, the dimensions and capacity of each storage
tank, the depth the tanks will be placed below finished grade, the
number and location of pumps to be installed, the type of structure
and accessory buildings to be constructed and the number of automobiles
which are to be garaged.
(7)
Accessory goods for sale may be displayed out of doors
on the pump islands and the building island only. The outdoor display
of oil cans and/or antifreeze and similar products may be on the above
islands only if contained within a suitable stand or rack, but shall
not include tire racks or sheds. Tires shall be stored only inside
the principal building or in the waste materials area, except that
two tires may be displayed on the building island only. No vending
machines shall lie located out of doors.
(8)
The sale of used motor vehicles as an accessory use
to the principal use of a public garage or service station shall be
permitted, provided that no more than five such vehicles are stored
on the premises at any one time. Storage shall be within the minimum
required accessory building setback from all property and street lines,
and all requirements of this chapter with respect to signs and screening
of outdoor display areas shall be met. This provision shall not be
construed to permit the storage of unlicensed, unregistered motor
vehicles, which shall be regulated by a separate ordinance of the
Township.
(9)
The entire area of the sight traveled by motor vehicles
shall be paved in accordance with the provisions of these land use
chapters.
(10)
Any repair of motor vehicles shall be performed
in a fully enclosed building.
A.
Permitted areas. Recognizing that outdoor recreational
facilities, while desirable, may be inimical to the public health,
safety and general welfare, if located and conducted without due consideration
of conditions and surroundings, the approving authority may authorize
such uses for the A and R-1 Districts.
B.
Requirements. The approving authority shall not order,
direct or authorize the issuance of a permit for the establishment
and maintenance of an outdoor recreational facility unless:
(1)
The applicant has filed with the approving authority
a certificate from the Warren County Health Department approving the
proposed sanitary and water supply facilities.
(2)
All outdoor recreational facilities and improvements,
including roadways, shall be located at least 100 feet from each property
line and street line and shall also be at least 250 feet from any
residence, other than a residence situated on the property, in existence
at the time of the application.
(3)
In addition to the buffer areas required in Subsection B(2) hereinabove, all parking areas shall be fully screened from view from all property lines and street lines through the use of appropriate plantings.
(4)
There shall be no advertising by the display of signs
or billboards, except that there may be displayed no more than three
signs whose total area shall not exceed 30 square feet, provided that
such sign or signs may contain only the name of the establishment
and the name of its proprietor or owner.
(5)
Required off-street parking shall be calculated based
upon maximum utilization of the outdoor recreational facility with
the objective of preventing any incidence of parking on public streets
in the Township. However, where such maximum utilization is irregular
and occasional and significantly varies from the average daily utilization,
overflow parking areas may be provided which need not be paved if,
in the opinion of the Board, their use will be infrequent enough to
allow the maintenance of a healthy grass surface. Such overflow parking
areas shall be planted in grass and shall be mowed, replanted and
otherwise suitably maintained at all times.
(6)
Lighting shall be limited to that minimally required
for safety. All lighting shall be focused away from property lines
and street lines. The Board may establish fixed hours of operation
to limit disturbance to surrounding residential areas.
(7)
The Board may impose such other conditions as it may
deem appropriate with respect to, among other matters, traffic and
parking arrangements, the amount of off-street parking, lighting,
appearance and landscaping.
A.
Permitted areas. Recognizing the recent increase in
family camping activities for recreational, educational and vacation
purposes as stimulated by the development of modern equipment, including
camp trailers and travel trailers, as well as the growing awareness
of the need for conservation and an appreciation of the outdoors,
and further recognizing that private campgrounds used for temporary
occupation by tents, travel trailers and the like may be inimical
to the public health, safety and general welfare, if located and conducted
without due consideration of conditions and surroundings, the approving
authority may authorize the establishment of private campgrounds as
conditional uses in the A and R-1 Districts.
B.
Requirements. The approving authority shall not order,
direct or authorize the issuance of a permit for the establishment
and maintenance of a private campground unless the following standards
and conditions are met:
(1)
No campground containing less than 20 contiguous acres
shall be authorized.
(2)
The applicant shall file with the approving authority
a copy of the approval of the facilities by the State Department of
Health as required by Chapter XI of the New Jersey State Sanitary
Code. Any permit issued by the Zoning Officer in accordance with the
provisions of this chapter shall be considered to be subject to such
approval.
(3)
There shall be no more than three private campgrounds
located within the Township.
(4)
The boundary lines of all campgrounds shall be clearly
marked so as to prevent campers from trespassing upon adjoining lands.
(5)
All campsites and campground facilities, including
roadways, shall be located at least 100 feet from all campground property
and street lines and shall also be at least 250 feet from any residence,
other than a residence situated on the campground, in existence at
the time of the application.
(6)
The density of campsites in a campground shall not
exceed an average of five campsites per acre. Each campsite shall
provide a minimum of 2,000 square feet of space.
(7)
No campsite shall accommodate more than three camping
units or a single camping vehicle occupied by persons within the same
party. In no case shall the total number of overnight occupants of
the campground exceed a density of 40 persons per acre.
(8)
Campsites may be equipped with permanent platforms
constructed by the owner. With the exception of canvas awnings or
screened enclosures, which are normal camping equipment, and temporary
platforms, all of which must be removed when the camping unit is removed,
construction of this nature may not be done by campsite occupants.
Permanent or semipermanent huts or other living room additions to
camping units shall not be permitted.
(10)
Except during June, July, August and September,
unoccupied camping units and equipment shall not be permitted to remain
on any campsite.
(11)
There shall be no advertising by the display
of signs or billboards, except that there may be displayed no more
than three signs whose total area shall not exceed 30 square feet,
provided that such sign or signs may contain only the name of the
establishment and the name of its proprietor or owner and are deemed
by the Board to be necessary for the operation of the campground.
(12)
Occupancy of any campsite in a particular campground
by the same person or persons shall not be permitted for more than
15 consecutive days in any month during the period from October 1
to May 1.
(13)
Potable water capable of supplying a total capacity
of at least 100 gallons per campsite per day shall be provided at
one or more locations in every campground.
(14)
Privies and pit toilets shall not be permitted.
(15)
Vending machines may be permitted within the
campground but shall be for use by campers only.
(16)
The owner of the campground shall maintain a
current register of campers.
(17)
The campground shall include one dwelling unit
which shall be occupied throughout the year by the owner or proprietor
or a responsible representative thereof.
(18)
The Board may impose such conditions as it may
deem appropriate with respect to, among other matters, traffic and
parking arrangements, the amount of off-street parking, lighting,
appearance and landscaping.
A.
Permitted areas. Churches shall be permitted on all
A, R-1, R-2, B-1 and B-2 Districts, providing due consideration is
given by the approving authority to conditions on the site and in
the surrounding area.
B.
Requirements. Anything in this chapter to the contrary
notwithstanding, the approving authority shall not order, direct,
or authorize the use of any building, structure or premises as a church
unless:
(1)
The minimum lot area is 60,000 square feet.
(2)
The maximum floor area ratio for all buildings shall
be 25%.
(3)
The maximum site coverage shall be 50%.
(4)
No church building shall be located within 75 feet
of a street right-of-way line nor within 25 feet of a property line.
(5)
No parking shall be located within 25 feet of any
property line.
(6)
No parking shall be located in the front yard.
(7)
Parking shall be screened from view from all property
lines.
A.
Permitted areas. Home occupations are permitted in
the A, R-1 and R-2 Districts as accessory uses to the principal residential
use of a lot. However, on smaller lots, due consideration shall be
given to the conditions on the site and in the surrounding area.
B.
Requirements. Where permitted as a conditional use,
home occupations may be carried out within a dwelling or accessory
building by members of the family residing therein, provided that
the following shall apply:
(1)
No more than two persons shall be employed on the
premises.
(2)
No such use shall alter the character of the residential
area in which it is located.
(3)
No more than 50% of the floor area of one floor or
500 square feet, whichever is the lesser, shall be issued for such
home occupation use.
(5)
All parking and loading requirements shall be complied
with for the particular use and shall be constructed within the minimum
required setbacks.
(6)
The lot on which the home occupation is to be established
shall be of sufficient size in order that the proposed use can comply
with all the zoning requirements for the use, including, but not limited
to, parking, setbacks and buffer areas.
A.
Permitted areas. Raising and keeping of livestock
shall be permitted in the A, R-1 and R-2 Districts as an accessory
use to the principal residential use of a lot. However, on smaller
lots, due consideration shall be given to the conditions on the site
and in the surrounding areas.
B.
Requirements. Where permitted as a conditional use,
raising and keeping of livestock may be carried out, provided that
the following shall apply:
(1)
No more than one animal weighing in excess of 200
pounds shall be permitted per premises.
(2)
No more than 40% of the lot shall be devoted to shelter
or containment of livestock, and all livestock shall be appropriately
contained.
(3)
Livestock shall not be sheltered or contained within
the front yard.
(4)
Any building used to shelter livestock shall meet
the requirements of the applicable zone for accessory structures.
In no case shall such building be closer to any lot or street line
than 25 feet.
[Added by Ord. No. 07-95]
B.
Neither the storage nor the processing of any material
shall be permitted outside.
C.
At no time shall any hazardous waste as defined by
the current New Jersey Department of Environmental Protection regulations
or laws of the state be received, stored, processed or transferred
at the recycling center.
D.
Only the amount of material which can be processed
by the recycling establishment within one month's period shall be
stored on site. Processing of material shall be completed within a
one-month period unless otherwise determined by the Planning Board
pursuant to Subsection G. Materials brought to the site shall not
remain on the site in excess of one month without being processed.
Residue remaining after processing shall not be stored on the site
for periods exceeding one month and shall be removed from the site
in accordance with the currently effective solid waste flow rules
promulgated by the New Jersey Department of Environmental Protection.
It is the intention of this section that recycling establishments
maintain a continuous flow of materials through the receipt, storage,
processing or transferring and removal in order to avoid unreasonable
accumulations of preprocessed materials, processed materials and residue
materials.
E.
The applicant shall demonstrate no significant impact on the environment by compliance with § 361-26 and submission of a completed environmental impact statement. In no event shall the option of an environmental appraisal be available for this conditional use.
F.
The Planning Board shall determine that the following
additional specific performance standards shall be met:
(1)
The receipt, storage, processing or transfer of recyclable
material shall be conducted in a manner consistent with the protection
of public health, safety and the environment.
(2)
The length of time required for processing of materials
shall not exceed that which is reasonably necessary as dictated by
the process (mechanical, natural, etc.) used to recycle the material.
(3)
The activity shall minimize the degradation of existing
lifestyles of residents of the community. This shall be determined
based on the effect on existing transportation patterns, ambient acoustical
conditions, drainage and soils characteristics, surface and groundwater
quality, and odor production and similar conditions.
(4)
All materials brought onto the site are to be removed
and no material is to be retained or used on the site in such a manner
that it would prohibit removal.
[Added 8-8-2001 by Ord. No. 2001-16]
A.
Permitted areas. Adult retirement communities shall
be permitted in all zones, provided the following conditions are met
based on specific findings by the Planning Board. These shall be considered
to be those findings which are required to be made pursuant to N.J.S.A.
40:55D-67:
(1)
That the minimum gross tract area available for any
ARC development shall be 70 acres;
(2)
That the tract must be located within an existing
sewer service area or area proposed for public or community sewage
disposal system as shown on the Existing and Proposed Sewer and Water
Service Areas Map in the current Master Plan. Every building within
the ARC development shall be connected to a public sewage disposal
and central potable water system, as approved by the Planning Board.
Additionally, the area utilized for open space shall have public sewage
and central potable water services made available by the developer
of the ARC. The sewage and water capacity provided shall be sufficient
to accommodate the uses as approved by the Planning Board;
(3)
That the tract has access to either a major collector
or major arterial road as shown on the Circulation Plan - Road Classification
Map in the current Master Plan;
(4)
That the planned adult retirement community (ARC)
is designed as a single entity; and
(5)
That no less than 35% of the gross tract acreage shall
be set aside as common area or open space area, which area shall be
distributed throughout the development and which area may be improved
with only those buildings, structures, and off-street parking and
other improvements that are designed to be incidental to the use of
the common area or open space area.
B.
Permitted principal uses. Principal permitted uses
shall consist of the following:
(1)
Single-family detached dwellings, with attached garages.
(2)
Retail business, service and office uses consisting
of the following:
(a)
Uses shall be strictly limited to convenience
commercial facilities designed primarily to service residents of the
ARC development, consisting only of uses as follows:
[1]
Retail business operations dispensing grocery,
food, pharmaceutical, drug and stationery supplies and optical, jewelry
and gift items, as well as banks and restaurants, other than drive-in
restaurants.
[2]
Professional offices of medical doctors, dentists,
chiropractors, lawyers, financial planners and accountants.
[3]
Service establishments of barbers, beauticians,
laundromat operators, dry cleaners, photographic studios, shoe repair
shops, garment pressing, tailor shops and medical and health services,
excluding veterinarian services.
C.
Permitted accessory uses. Accessory uses permitted
shall consist of the following:
(1)
Model home(s) for dwellings to be sold only within
the project;
(2)
Sales office of a temporary nature not to extend beyond
the occupancy of the last dwelling in the project and to be solely
used for sale of properties within the ARC;
(3)
Recreational and cultural facilities for the sole
use of the residents of the community and their guests, including
but not limited to clubhouse, swimming pool, library, media center,
court games, picnic areas and other active and passive recreation
facilities.
(4)
Construction office and/or trailer for the duration
of the construction of the project.
(5)
The following subordinate uses exclusively and solely
devoted to the use and benefit residents of the ARC:
D.
Design requirements. Each adult retirement community shall be designed in accordance with the standards set forth in the appropriate sections of Chapter 362, Subdivision and Site Plan Review, except that in addition the following requirements shall apply to the ARC:
(1)
Bulk requirements.
(a)
Entire tract. The following requirements shall
apply to the total contiguous portion of the tract; noncontinuous
portions of the tract shall not be included in the tract area for
the purposes of meeting the following:
[1]
Maximum gross density: four dwelling units per
acre.
[2]
Yards shall be as follows:
[a]
Lot frontage: 500 feet; provided,
however, that the frontage may be reduced to 300 feet if the developer
has authority for adjoining property to install appropriate auxiliary
lanes on the roadway giving access to the property.
[b]
Front yard: 100 feet.
[c]
Buffer: minimum of 50 feet around
perimeter of entire tract.
[4]
Maximum building height: 35 feet or two stories,
whichever is less.
[5]
Retail and service uses and professional offices
limited to a maximum of 100 square feet per dwelling unit in the ARC.
(b)
Individual building lots shall meet the following
requirements:
[1]
Lot size shall be 6,000 square feet.
[2]
Lot coverage shall not exceed 45%.
[3]
Lot frontage shall be a minimum of 50 feet.
[4]
Lot width shall be a minimum of 60 feet.
[5]
Lot depth shall be a minimum of 100 feet.
[7]
Minimum distance between buildings: 15 feet.
[8]
Corner lots may have their front yard reduced
for the minor frontage to 15 feet where no other buildings within
the block along which the minor frontage lies or directly across the
street therefrom have a major frontage.
(2)
Utilities.
(a)
All utility lines, including power, telephone
and cable television lines, shall be installed underground and adequately
shielded.
(b)
Fire hydrants shall be installed by the developer
in adequate numbers and at locations recommended by the Township Engineer
and Fire Chief.
(c)
On-site public utilities facilities may serve
off-site uses as permitted by the Planning Board.
(3)
Architecture and construction.
(a)
The architecture employed shall be aesthetically
congruous among structures, phases and sections of the ARC development,
as well as with the surrounding area as approved by the Planning Board.
(b)
All exteriors of building perimeter walls shall
be of wood, brick, stone, vinyl siding or other accepted durable material;
provided, however, that asbestos shingle or cinder block as an exterior
finish is prohibited.
(c)
The exterior of accessory structures shall harmonize
architecturally with and be constructed of materials of like character
to those used in principal structures.
(d)
In order to promote the development of harmonious
streetscapes, the design of individual detached units shall utilize
a suitable variety of different exterior finish materials and employ
altering design of facades. Adjoining dwellings shall be either distinctly
different models or have distinctly different facades with distinctly
different finish materials throughout.
(4)
Parking and loading.
(a)
Parking. All parking shall conform to the requirements of Article XII of Chapter 361, except as follows:
[2]
Additional parking shall be provided at a ratio
of a minimum of one space for each dwelling unit, for guest parking,
and shall be dispersed evenly and uniformly and conveniently throughout
the tract. On-street parking may be utilized to satisfy this requirement.
[3]
Additional parking shall be provided at the
clubhouse or community building with a minimum of 1 space per 200
square feet of building area.
[4]
Detached garages are prohibited.
[5]
No boats or recreational vehicles shall be stored
outside on individual lots with dwellings. An off-street parking lot
shall be provided for such vehicles at the ratio of one parking space
for each 20 dwelling units. Each parking space shall be a minimum
of 15 feet wide by 35 feet long, which shall be accessed by aisles
sufficiently wide to allow parking and removal of vehicles without
damage to adjoining parked vehicles.
(5)
Internal circulation.
(a)
Vehicular access.
[1]
No direct access to any residential unit shall
be permitted from any public street or highway at the perimeters of
the ARC tract.
[2]
Access shall be discouraged from any public
through road within the ARC tract. However, where the Planning Board
finds that, due to the application of specific design and construction
techniques [e.g., curvilinear layout, significant street landscaping
and street furniture, on-street parking limitations], such access
may be permitted by the Board.
(b)
Pedestrian circulation.
[1]
There shall be an adequate system of pedestrian
walks serving all facilities within the development, providing access
to residential units, accessory structures, parking areas, open spaces,
commercial facilities, recreational and other communal facilities
and along vehicular roadways as deemed necessary by the Planning Board.
[2]
A system of bike paths shall be provided throughout
the ARC to allow access to all facilities.
(6)
Landscaping.
(a)
Purpose.
[1]
Landscaping shall be provided as part of site
plan and subdivision design. It shall be conceived in a total pattern
throughout the site, integrating the various elements of site design,
preserving and enhancing the particular identity of the site and creating
a pleasing site character.
[2]
Landscaping may include plant materials such
as trees, shrubs, ground cover, perennials and annuals and other materials
such as rocks, water, sculpture, art, walls, fences, and building
and paving materials.
(b)
Landscaping plan. A landscaping plan shall be
submitted with each site plan application, unless an exception is
granted. The plan shall identify existing and proposed trees, shrubs,
ground cover, natural features, such as rock outcroppings, and other
landscaping elements. The plan should show where they are or will
be located and planting and/or construction details. When existing
natural growth is proposed to remain, the applicant shall include
in the plans proposed methods to protect existing trees and growth
during and after construction.
(c)
Site protection and general planting requirements.
[1]
Removal of debris. All stumps and other tree
parts, litter, brush, weeds, excess or scrap building materials or
other debris shall be removed from the site and disposed of in accordance
with the law. No tree stumps, portions of tree trunks or limbs shall
be buried anywhere in the development. All dead or dying trees, standing
or fallen, shall be removed from the site. If trees and limbs are
reduced to chips, they may, subject to approval of the Planning Board
Engineer, be used as mulch in landscaped areas. A developer shall
be exempt from these provisions, however, and shall be permitted to
dispose of site-generated new construction wastes on site as long
as the conditions set forth in N.J.A.C. 7:26-1.7 are met.
[2]
Protection of existing plantings. Maximum effort
should be made to save fine specimens (because of size or relative
rarity). No material or temporary soil deposits shall be placed within
four feet of shrubs or 10 feet of trees designated to be retained
on the preliminary and/or final plat. Protective barriers or tree
wells shall be installed around each plant and/or group of plants
that are to remain on the site. Barriers shall not be supported by
the plants they are protecting, but shall be self-supporting. They
shall be a minimum of four feet high and constructed of a durable
material that will last until construction is completed. Snow fences
and silt fences are examples of acceptable barriers.
[3]
Slope plantings. Landscaping of the area of
all cuts and fills and/or terraces shall be sufficient to prevent
erosion, and all roadway slopes steeper than one foot vertically to
three feet horizontally shall be planted with ground covers appropriate
for, the purpose and soil conditions, water availability and environment.
[4]
Additional landscaping. In residential developments,
besides the screening and street trees required, additional planting
or landscaping elements shall be required throughout the subdivision
where necessary for climate control, for privacy or for aesthetic
reasons in accordance with a planting plan approved by the Planning
Board and taking into consideration cost constraints. In nonresidential
developments, all areas of the site not occupied by buildings and
required improvements shall be landscaped by the planting of grass
or other ground cover, shrubs and trees as part of a site plan approved
by the Planning Board.
[5]
Planting specifications. Deciduous trees shall
have at least a two-inch caliper at planting. Wherever possible, on-site
vegetation shall be used to meet the requirements of this section.
Where on-site vegetation is insufficient to meet the requirements,
nursery-grown materials shall be acceptable. All trees, shrubs and
ground cover shall be planted according to acceptable horticulture
standards. Dead or dying plants shall be replaced by the developer
during the following planting season.
[6]
Plant species. The plant species selected should
be hardy for the particular climatic zone in which the development
is located and appropriate in terms of function and size.
(d)
Buffering.
[1]
Screening. Those setbacks required under Subsection D(1)(a) function as landscaped buffer areas and shall not contain any building, structure or improvements other than for necessary access into the interior of the portion of the tract as delineated and as approved by the Planning Board; provided, however, that customary driveways leading to attached garages are permitted within the setback required under Subsection D(1)(a).
[2]
Function and materials. Buffering shall provide
a year-round visual screen in order to minimize adverse impacts from
a site on an adjacent property or from adjacent areas. It may consist
of fencing, evergreens, berms, rocks, boulders, mounds or combinations
of these to achieve the stated objectives.
[3]
When required. Buffering shall be required.
When topographic or other barriers do not provide reasonable screening
and when the Planning Board determines that there is a need to shield
the site from adjacent properties and to minimize adverse impacts
such as: incompatible land uses, noise, glaring light and traffic.
In small-lot developments, when building design and siting do not
provide privacy, the Planning Board may require landscaping, fences
or walls to ensure privacy and screen dwelling units. When required,
buffers shall be measured from side and rear property lines, excluding
access driveways.
[a]
Where more intensive land uses
abut less-intensive uses, a buffer strip of 25 feet (but not to exceed
10% of the lot area in width) shall be required.
[b]
Parking areas, garbage collection
and utility areas and loading and unloading areas should be screened
around their perimeter by a buffer strip a minimum of five feet wide.
[c]
Where residential subdivisions
abut higher-order streets (collectors or arterials), adjacent lots
should front on lower-order streets, and a landscaped buffer area
shall be provided along the property line abutting the road. The buffer
strip shall be a minimum of 25 feet to 35 feet wide or wider (but
not to exceed 10% of the lot area) where necessary for the health
and safety of the residents, and include both trees and shrubs.
[4]
Design. Arrangement of plantings in buffers
shall provide maximum protection to adjacent properties and avoid
damage to existing plant material. Possible arrangements include planting
in parallel, serpentine or broken rows. If planted berms are used,
the minimum top width shall be four feet, and the maximum side slope
shall be 2:1.
[5]
Planting specifications. Plant materials shall
be sufficiently large and planted in such a fashion that a screen
at least eight feet in height shall be produced within three growing
seasons. All plantings shall be installed according to accepted horticulture
standards.
[6]
Maintenance. Plantings shall be watered regularly
and in a manner appropriate for the specific plant species through
the first growing season, and dead or dying plants shall be replaced
by the applicant during the next planting season. No buildings, structures,
storage of materials or parking shall be permitted within the buffer
area. Buffer areas shall be maintained and kept free of all debris,
rubbish, weeds and tall grass.
E.
Open space and recreational improvements. The developer
of the ARC shall set aside lands so delineated for permanent open
space in private ownership, which shall include improvements for use
by the residents as follows.
(1)
There shall be in each ARC a minimum of one community
or clubhouse building containing at least 10 square feet of floor
area for each dwelling unit.
(2)
Uses as deemed appropriate by the Planning Board to
serve expected populations.
(a)
Lands in private ownership shall be developed
and used by the owners and residents of the ARC, as well as members
of the general public who may be permitted use of these facilities
only for recreational purposes, and shall include the following recreation
amenities:
[1]
A minimum of eight picnic areas;
[2]
Nature trails suitably improved, traversing
and linking all recreation amenities in the permanent open space areas;
[3]
Four tennis courts;
[4]
One swimming pool of Olympic size, with changing
cabanas and a clubhouse of sufficient size to accommodate the residents
of the ARC as well as the general public as permitted; and
[5]
Four horseshoe pits and shuffleboard courts.
(b)
The Planning Board shall have the power to grant
such exceptions from the above requirements as may be reasonable if
the literal enforcement of one or more provisions is impracticable
or will exact undue hardship because of peculiar conditions pertaining
to the land in question.
(3)
Area. That portion of the tract delineated by the
overall site, whether designated for public or private ownership,
shall have a contiguous area of not less than 15% of the tract area.
This open space specifically does not include private open space incorporated
in yards for attached or detached dwellings and semiprivate open space
for the use and enjoyment of residents of the institutional facilities
and their guests.
(4)
Outdoor activities. Except for off-street parking
as herein regulated, each permitted use shall be conducted within
a completely enclosed building. No storage or display of merchandise,
articles, vending machines or equipment shall be permitted outside
any building. Mechanical equipment or trash storage facilities necessary
for the operation of a permitted use shall be fenced or screened as
required by the Planning Board.
F.
Open space organization.
(1)
The developer of the ARC shall provide for the establishment
of an open space organization pursuant to the following provisions:
(a)
The organization shall own and maintain lands
and improvements designated on the development for open space or common
facilities for the benefit of owners and residents of the ARC. Such
organization shall not be dissolved and shall not dispose of any lands
and/or improvements, by sale or otherwise, except to an organization
conceived and established to own and maintain the land and improvements,
for the benefit of the ARC development, and thereafter such organization
shall not be dissolved or dispose of its holdings without first offering
to dedicate the same to the Township of Mansfield.
(b)
In the event that such organization shall fail
to maintain its premises in reasonable order and condition, the governing
body may serve written notice upon such organization or upon the owners
of the development setting forth the manner in which the organization
has failed to maintain the land and improvements in reasonable condition,
and said notice shall include a demand that such deficiencies of maintenance
be remedied within 35 days thereof and shall state the date and place
of a hearing thereon which shall be held within 15 days of the notice.
At such hearing, the governing body may modify the terms of the original
notice as to deficiencies and may give a reasonable extension of time,
not to exceed 65 days, within which they shall be remedied. If the
deficiencies set forth in the original notice or in the modification
thereof shall not be remedied within said 35 days or any permitted
extension thereof, the governing body, in order to preserve and maintain
the premises for a period of one year, may enter upon and maintain
such land and improvements. Said entry and maintenance shall not vest
in the public any rights to use the premises except when the same
is voluntarily dedicated to the public by the owners. Before the expiration
of said year, the governing body shall, upon its initiative, or upon
the request of the organization theretofore responsible for the maintenance
of the premises, call a public hearing upon 15 days' written notice
to such organization and to the owners of the development, to be held
by the governing body, at which bearing such organization and the
owners of the development shall show cause why such maintenance by
the Township shall not, at the election of the Township, continue
for a succeeding year. If the governing body shall determine that
such organization is ready and able to maintain said premises in reasonable
condition, the Township shall cease to maintain said premises at the
end of said year. If the governing body shall determine that such
organization is not ready and able to maintain said premises in a
reasonable condition, the Township may, in its discretion, continue
to maintain said premises during the next succeeding year, subject
to similar hearing and determination in each year thereafter. The
decision of the governing body in any such case shall constitute a
final administrative decision subject to judicial review.
(c)
The cost of such maintenance by the Township
shall be assessed pro rata against the properties within the development,
the owners of which have the right of enjoyment of the premises, in
accordance with assessed value at the time of imposition of the lien
and shall become a lien and tax on said properties and be added to
and be a part of the taxes to be levied and assessed thereon, and
shall be enforced and collected with interest by the same officers
and in the same manner as other taxes.
G.
Age restriction compliance.
(1)
Age restrictions. Each dwelling unit in the ARC development
must be occupied by one permanent resident 55 years of age or older.
No permanent resident shall be under 23 years of age or younger. One
temporary resident who provides necessary health care to a permanent
resident of the dwelling units may be 21 years of age or older, provided
that such individual may not be accompanied by any person(s) intending
to reside at the premises of the unit temporarily or otherwise.
[Amended 5-28-2008 by Ord. No. 2008-06]
(2)
Certification of compliance. As a condition of preliminary
and final site plan/subdivision approval, a developer in the ARC District
shall submit a certification of compliance acceptable to the Planning
Board which states that the developer is in compliance with the requirements
of the Fair Housing Amendment Act of 1988 and will be in compliance
to the extent possible and feasible with such further amendments of
the Fair Housing Act as are applicable. The certification of compliance
shall also contain a hold harmless and indemnification provision protecting
the Township of Mansfield from any and all civil rights or other lawsuits
arising out of the developer's or its successor in title's failure
to comply with the Fair Housing Amendment Act of 1988 and amendments
thereto.
(3)
Prior to the issuance of certificates of occupancies as required under § 360-16 as a condition of an initial or a change in the occupancy, tenancy or nature of use, the Zoning Officer shall verify compliance with the age restrictions, established by Subsection G(1) above, for residents of the ARC. Upon application for a certificate of occupancy, all prospective occupants of the respective residential or institutionalized-care units shall furnish conclusive proof of age, such as a certified birth certificate, to the Zoning Officer.
H.
Deed restrictions.
(1)
Any conveyance of property or property rights by the
developer, its successors or assigns in an ARC Zone must contain deed
restrictions which put the transferee on notice that the occupancy
of property in the ARC Zone is age-restricted. Further, additional
notice must be given that a certificate of occupancy issued by the
Mansfield Township Construction Official is required each time before
occupancy, tenancy or use may commence or change.
(2)
Prior to the sale of any units within the ARC, the
developer shall execute and record a declaration of covenants and
restrictions as approved by the Planning Board, by the terms of which
all lands within the ARC and the owners thereof shall be, at all times,
bound to certain uniform requirements and standards for the maintenance
and repair of the common elements and limited common elements as defined
in N.J.S.A. 46:8B-1 et seq.
(3)
The deed of conveyance for all residential units in
the ARC Zone shall, among other things, provide that:
(a)
No exterior alterations or improvements shall
be made to a unit without prior approval of the association of homeowners
created in the declaration of covenants and restrictions.
(b)
The maintenance of the common elements and limited
common elements shall be the responsibility of the association of
homeowners created in the declaration of covenants and restrictions.
(c)
There shall be no detached accessory structures
permitted on the premises.
(d)
There shall be no satellite dishes or swimming
pools or the parking of trailers, boats or commercial vehicles, other
than in enclosed garages, on the premises.
I.
Construction scheduling and permits. In order to assure that the required elements of the ARC as listed under Subsection B of this section are developed in proper phasing sequence, the following schedule shall be complied with:
(1)
No construction. Permit for any construction on the
ARC tract shall be issued until the establishment and disposition
of the open space parcel as outlined above shall have previously been
accomplished.
(2)
All recreation facilities and community building(s)
shall be fully operational prior to the issuance of 100 certificates
of occupancy or the issuance of building permits for 50% of the approved
dwellings, whichever shall occur first.
[Added 11-14-2001 by Ord. No. 2001-18]
A.
Intent. It is the intent of this section to permit
as a conditional use subject to site plan review the construction
of new wireless telecommunications facilities and towers as conditional
uses on municipally owned property in all zones and as conditional
uses in nonresidential zones. Cellular/wireless telecommunications
equipment and facilities or towers are expressly prohibited on privately
held property in any residential zone.
B.
The following provisions shall be satisfied before
a wireless telecommunications tower and facilities shall be approved:
(1)
Total land area. The proposed tower and facilities
shall be constructed on a lot which shall be not less than five acres.
(2)
Setbacks and separation distances. The proposed tower
and facilities shall be constructed in accordance with the following
requirements:
(a)
Towers.
[1]
Towers must be set back at least 120% of total
tower height from any lot line, nonappurtenant structure or public
or private road right-of-way line.
[2]
Separation distances. All distance shall be
measured from the base of the tower to the lot line of the off-site
use or zone:
[a]
For vacant residentially zoned
land, residential uses, zones, or municipal property (unless the tower
is located on a municipal site), libraries, schools, or houses of
worship, the separation distance shall be 300 feet or 300% of the
tower height, whichever is greater.
[b]
For nonresidential lands or nonresidential
uses, the separation distance shall be at least 120% of the height
of the tower from any adjoining lot line, nonappurtenant building,
structure or street rights-of-way.
[c]
Separation distances between towers
and tower types, regardless of tower height, shall be 5,000 feet from
another lattice tower or a monopole 100 feet or greater in height.
[3]
Maximum tower height. The maximum height of
all new towers shall be 140 feet or 25 feet above the mean tree canopy,
whichever is less. Mean tree canopy shall be derived from marking
all trees 12 inches in diameter or greater measured 4.5 feet above
grade within a two-acre area surrounding the tower site. The height
of the trees shall be calculated by a professional licensed surveyor
in the State of New Jersey. Absence of a suitable stand of trees for
concealment shall render the site unacceptable. No tower shall have
a height or location which require Federal Aviation Administration
lighting. Lightning rods are excluded from tower or antennas height
calculations; however, any antennas shall be included within the height
calculations.
[4]
No tower may be located within a conservation
easement if adjacent to a residential zone.
[Added 8-24-2011 by Ord. No. 2011-17[1]]
All major solar or photovoltaic energy facilities or structure
installations shall comply with all applicable state and federal laws
and regulations and shall also comply with the following standards.
Preliminary and final site plan approval shall be obtained prior to
obtaining a zoning permit.
A.
Minimum lot size: 20 acres. In the PO and I Zones, the twenty-acre
minimum lot size does not apply for conditional use standards. Solar
installations on preserved and commercial farmland shall be subject
to the State Agriculture Development Committee (SADC) regulations.
B.
No soil shall be removed from any site upon which major solar or
photovoltaic energy facilities and structures or other necessary equipment
required for the solar facility is constructed. Grading within prime
farmland and farmlands of statewide significance shall be limited
to only that necessary to construct access roads and for construction
of inverter and switching equipment pads.
C.
Except pursuant to a permit issued by the New Jersey Department of
Environmental Protection (NJDEP), no portion of major solar or photovoltaic
energy facilities and structures shall occupy areas of land designated
and regulated by NJDEP as floodplains, flood hazard areas, wetlands,
wetland transition areas or riparian corridors. An applicability determination
from the NJDEP shall be provided to document the presence and/or absence
of these regulated areas. Buffer maintenance shall be consistent with
NJDEP regulations.
D.
Major solar or photovoltaic energy facilities and structures shall
not occupy any area beyond the required principal building setbacks
for the zone in which the facility is located, exclusive of poles
for interconnection of the facility to the electrical grid. Setback
requirements shall be equal to the principal building setback in the
zone or the minimum vegetated visual and security buffer requirement,
whichever is greater. A minimum one-hundred-foot wide vegetated visual
screen shall separate solar or photovoltaic facilities from residential
uses and properties in residential zone districts, a minimum fifty-foot
wide visual screen shall separate such facilities from public roads,
and a twenty-five-foot-wide visual screen shall separate such facilities
from properties in a nonresidential zone district.
E.
Major solar or photovoltaic energy facilities and structures shall
be visibly screened from the public traveled way (public roads, trails,
scenic highways and byways), open space, preserved farmland, publicly
owned properties and historic resources, including sites and buildings
listed or eligible for listing on the State and National Registers
of Historic Places.
(1)
To the extent achievable, solar or photovoltaic energy facilities
and structures shall be sited using the natural topography to screen
the energy project from public view and the view of any adjoining
residences.
(2)
If the property is adjacent and contiguous to a permanently preserved
farm, open space and/or public access easements it shall buffer the
farm, open space and/or easements from view.
(3)
The following minimum screening requirements shall be met. However,
notwithstanding the minimum requirements, the applicant shall demonstrate,
to the satisfaction of the Land Use Board, that the proposed screening
provides a visual screen of the facility from neighboring properties.
Additional screening may be needed to meet this requirement as determined
by the Board.
(a)
Screening shall consist of a combination of native plantings,
to the extent possible. Alternately, an earthen berm may be employed
if existing vegetated screening and native plantings will not suffice
to provide the necessary buffer and maintain the rural character of
the Township. The need for and location of vegetative screens includes
the identification of appropriate species and varieties of vegetation
to ensure that there is adequate visual screening throughout the year.
(b)
The landscaping plantings shall be designed for enhancing the
quality of the soil and the ability of the land to absorb rainwater.
(c)
Landscaping shall be limited to the extent possible of native
species of deciduous and coniferous trees and shrubs that are indigenous
to the area, as listed in the Natural Resource Inventory, and shall
not include invasive species as listed in Natural Resource Inventory
of Mansfield Township. Such plantings shall be depicted on a plan
prepared by a licensed professional. The applicant shall rely upon
existing vegetation, including existing hedgerows or windbreaks that
provide screening, to the maximum extent practical. The appropriate
height or caliper of the vegetation to be planted shall ensure that
there is a 75% screening of the solar energy generation facilities
within five years of completing the installation of the facilities.
A photo-simulated exhibit depicting screening at key locations at
the projected five-year period shall be required.
(d)
A barrier shall be installed behind the required screen which
shall:
[1]
Secure the facility at all times.
[2]
Restrict access to all electrical wiring that may be readily
accessible.
[3]
All electrical control equipment shall be labeled and secured
to prevent unauthorized access.
[5]
One or more access gates to the facility shall be provided.
The actual number and location of access gates may be determined by
the Board based on safety and security requirements of the site. Each
access gate shall include a sign identifying the property owner as
well as responsible parties for operation of the major solar and photovoltaic
energy facilities and structures; for maintenance of the facility;
and for maintenance of the visual screen, landscaping and security
fence. Contact information for all of the above responsible parties
shall be provided on each access gate sign.
[6]
No signs shall be posted on a solar facility or any associated
building, structures, or fencing, with the exception of access gate
signs, appropriate warning signs, and manufacturer's or installer's
identification.
[7]
All transformers, inverters, and high-voltage equipment and
equipment buildings shall be situated within a compound, which shall
be enclosed within a security fence and access gate, which shall remain
locked at all times. If appropriate, the entire facility shall be
enclosed within a security fence and access gate.
[8]
The height of security fences and access gates shall be eight
feet plus an angled non-barbed-wire extension, unless a lower fence
height is approved by the Board. In no case shall the fence height
be less than six feet plus an angled non-barbed-wire extension. Barbed-wire
fences are not permitted except in cases where it is demonstrated
to the satisfaction of the Board that barbed-wire fencing is required
for security purposes. In such cases, the total height of the fence
and access gates including barbed wire shall not exceed eight feet.
Approval of barbed-wire fencing for solar facilities is at the discretion
of the Board.
F.
A maintenance plan shall be submitted by the applicant for the continuing
maintenance of all required plantings, solar panels and appurtenances,
including a schedule of specific maintenance activities to be conducted.
A maintenance plan narrative shall also be included on the site plans
in note form. Maintenance of the required landscaping, fencing, solar
panels, equipment buildings, access roads, and security measures shall
be a continuing condition of any approval that may be granted, and
shall be the shared responsibility of the property owner and applicant
(if owner is not the applicant). A cost estimate for required plantings
shall be presented as part of any application and a five-year maintenance
bond approved by the Township Engineer shall be a condition of approval.
The property owner and applicant (if owner is not the applicant) shall
act as co-principals of the maintenance bond. The maintenance plan
shall be environmentally responsible.
G.
All ground areas occupied by a major solar or photovoltaic energy
facility or structure installation that are not utilized for access
to operate and maintain the installation shall be planted and maintained
with shade-tolerant grasses for the purpose of soil erosion control
and soil stabilization:
(1)
A seed mixture of native, noninvasive shade-tolerant grasses shall
be utilized and specified in a landscaping plan that shall be provided.
(2)
If it can be demonstrated by the applicant that an alternative vegetative
ground cover consisting of a seed mix of native, noninvasive plant
species and nonnative, noninvasive shade-tolerant species shall be
accepted for soil erosion control and soil stabilization, and the
alternative can be better sustained over the life of the facility,
the Board may approve such an alternative to the requirement for native,
noninvasive shade-tolerant grasses or mix of grasses.
(3)
To the extent possible, access roads within the site shall not be
constructed of impervious materials in order to minimize the amount
of soil compaction. Perimeter and internal access roads shall be provided
for security and emergency vehicle access. Minimum spacing between
rows or blocks of panels shall be 10 feet.
(4)
The bed and banks of existing drainage ditches, brooks, streams and
drainage swales shall be maintained in their natural condition, except
that where soil erosion is evident in these features due to a lack
of suitable stabilized vegetation, the Board may require such areas
to be planted and stabilized in accordance with the recommendations
found in Chapter 8, Restoration Design, of the publication entitled
"Stream Corridor Restoration, Principles, Processes and Practices,"
10/1998 published version, revised 8/2001, prepared by the Natural
Resource Conservation Service and available at www.nrcs.usda.gov/technical/stream_restoration/newtofc.htm.
H.
The required landscaping plan shall include the provision of adequate
and appropriate drainage features, which shall be designed such that
site grading and construction maximizes the natural drainage patterns
of stormwater originating within the property boundaries and beyond
property boundaries. If grading is proposed, then a grading and drainage
plan shall be submitted, which shall demonstrate that the project
is in compliance with the Township's Stormwater Ordinance and other
applicable state standards.
(1)
A grading and drainage plan, including a soil erosion, a soil stabilization
and a soil grading plan shall be submitted under the seal of a licensed
professional engineer prior to any permits being issued. The plan
shall adequately demonstrate to the Board engineer that no stormwater
runoff or natural water shall be diverted as to overload existing
drainage systems or create flooding. Such plan shall also address
the need for additional drainage structures on other private properties
or public lands.
(2)
The grading and drainage plan shall show, among other things:
(a)
All existing and proposed natural and artificial drainage courses
and other features for the control of drainage, erosion, and water
generally;
(b)
The calculated volume of water runoff from the slope and from
the lot in question, as proposed to be improved; the existence of
all natural and artificial drainage courses and facilities within
500 feet of the lot, which are or will be used to carry or contain
the runoff from the slope and the lot; and
(c)
The effect of any increased water runoff on all adjacent properties
and any other property which will be materially affected by increased
water runoff.
(3)
Calculations shall be provided to adequately demonstrate that existing
preconstruction stormwater runoff rates shall not be exceeded in the
postdevelopment condition. Disturbed areas during construction shall
be calculated to determine the need for stormwater management facilities
on the site during construction.
(4)
The use of stone shall not be permitted for soil erosion control
and soil stabilization unless as part of an overall plan approved
by the Board.
I.
In addition to those items required for an application to be deemed
complete, a site plan application shall provide the following:
(1)
Location, dimensions, and types of existing structures on the property.
(2)
Location of proposed and existing overhead and underground utility
and transmission lines.
(3)
Location of any proposed or existing substations, inverters or transformers.
(4)
Details of solar panels and arrays. Cadmium telluride solar panels
shall not be permitted due to the highly carcinogenic nature of cadmium
and the possible detrimental effects on children, wildlife, water
supplies and the environment.
(5)
Description of how the energy generated by the facility will be connected
to the electrical distribution or transmission system or the electrical
system of the intended energy user. This description shall also address
the ability to disconnect the system in the event of an emergency
or maintenance.
(6)
Description of shielding of any electric equipment to prevent interference
of radio or television reception at the property line.
(7)
Description of any necessary upgrades or modifications to existing
substations or the necessity for a new substation.
(8)
For projects over 2 MW, the location and elevations of all transmission
lines, support structures and attachments to a substation(s).
(9)
Location and condition of existing hedgerows and vegetated windbreaks.
(10)
A description of any lighting and its impact on neighboring
residences and properties.
(11)
A construction plan to include, but not limited to mounting
techniques and a description of on site construction.
(12)
A glare study prepared by a qualified individual or firm experienced
in such studies.
(13)
A description of security measures and systems to be implemented
on the site.
J.
An as-built plan shall be provided prior to activation.
K.
Permitted height: The maximum permitted vertical height above ground
for solar and photovoltaic energy panels shall be 15 feet.
L.
The use of lead-acid batteries shall not be permitted in major solar
energy systems and facilities except as standby power supplies for
control systems. Cadmium telluride solar panels shall not be permitted
due to the highly carcinogenic nature of cadmium and the possible
detrimental effects on children, wildlife, water supplies and the
environment.
M.
Solar energy generation facilities shall be designed to comply with
either of the following standards for sound emission:
(1)
The sound level shall not exceed 40 dBA when measured at any point
on the property line of the solar facility; or
(2)
The sound level shall not exceed the ambient sound levels measured
at locations at the property line of the solar facility that reasonably
represent current or potential off-site sensitive receptors in accordance
with the following requirements:
(a)
Ambient sound level measurements shall be made with an octave
band sound level meter during daylight hours for periods of at least
one-half hour and on three separate occasions, a minimum of four hours
apart, representing morning, midday and evening, at least one of which
shall be during a non-rush hour. The meter shall be set for slow response
with a one-second sampling interval; and
(b)
The data reported for each occasion shall be the octave band
values (31.5 Hz to 8,000 Hz) from the one-second sample that represents
the L90 or Lmin broadband value ("unweighted" or "flat" response,
e.g., dBZ).
N.
Disturbance of existing wooded or forested areas shall be minimized,
and shall not exceed 5% of the total area of existing wooded or forested
areas on the site.
O.
All applications for a major solar facility shall be accompanied
by a decommissioning plan to be implemented upon abandonment, or cessation
of activity, or in conjunction with removal of solar energy systems.
The decommissioning plan shall be submitted in accordance with the
requirements of this section. The decommissioning plan shall also
be documented on the site plans in note form. Prior to removal of
solar energy systems, a demolition permit for removal activities shall
be obtained from the Mansfield Township Construction Official. Disconnection
of solar energy systems shall be supervised by an electrician licensed
in the State of New Jersey. The Zoning Official shall be responsible
for compliance with the decommissioning plan.
(1)
Solar and photovoltaic energy facilities and structures which have
not been in active and continuous service for a period of 18 months
shall be removed from the property to a place of safe and legal disposal
in accordance with a decommissioning plan.
(2)
If the applicant ceases operation of the energy project for 18 months;
or begins, but does not complete, construction of the project within
18 months of receipt of final site plan approval, the applicant shall
restore the site according to a decommissioning plan prepared by the
applicant and approved by the Board. The applicant shall submit a
decommissioning plan that ensures that the site will be restored to
a useful, nonhazardous condition without significant delay, including
but not limited to the following:
(a)
Removal of aboveground and underground equipment, structures
and foundations. The plan shall describe the means by which all equipment
and components of the system(s) shall be disposed of in an environmentally
responsible manner and in accordance with prevailing federal, state
and local regulations.
(b)
Restoration of the surface grade and soil after removal of aboveground
structures and equipment.
(c)
Revegetation of restored soil areas with native seed mixes,
plant species suitable to the area, which shall not include any invasive
species. In farmland areas, the revegetation component of the decommissioning
plan may include provisions to resume agricultural use of the site.
(d)
The plan must provide for the protection of public health and
safety and for protection of the environment and natural resources
during site restoration. The decommissioning of all solar energy generation
facilities shall be done in accordance with a conservation plan designed
to address the impacts of the decommissioning process.
(e)
The plan must include a timeline for completion of site restoration
work.
(3)
Upon cessation of activity for a cumulative period of 18 months of
construction or installation activities of an approved major solar
or photovoltaic energy system, the Township may notify the owner and/or
the operator of the facility to complete construction and installation
of the facility. If the owner and/or operator fail to complete construction
and installation activities within 180 additional days, the Township
may order the owner and/or operator of the facility to implement the
decommissioning plan. Within 180 days of notice being served, the
owner and/or or operator shall substantially complete all activities
in the decommissioning plan.
(4)
Upon cessation of activity of a fully constructed major solar or
photovoltaic energy system for a cumulative period of one year, the
Township may notify the owner and/or the operator of the facility
to implement the decommissioning plan. The Township Zoning Official
shall be responsible for enforcement.
(5)
If the operator fails to fully implement the decommissioning plan subject to the procedures and timelines set forth is Subsections O(3) and (4) above, or is otherwise unable to restore the site as required within 180 days of the Township's service of notice in accordance with this section, the Township may, at its own expense, provide for the restoration of the site in accordance with the decommissioning plan and may, in accordance with the law, recover all expenses incurred for such activities from the defaulted operator and/or the property owner. The costs incurred by the municipality shall be assessed against the property, shall become a lien and tax upon the said property, shall be added to and be a part of the taxes to be levied and assessed thereon, and enforced and collected with interest by the same officers and in the same manner as other taxes.
[1]
Editor's Note: This ordinance also provided: "It is unlawful
for any person to construct, install, or operate a solar energy system
that is not in compliance with this ordinance or with any condition
contained in a building permit issued pursuant to this ordinance.
Solar energy systems approved and/or installed prior to the adoption
of this ordinance are exempt."
[Added 8-24-2011 by Ord. No. 2011-17[1]]
All small wind energy systems, facilities or structure installations
shall comply with all applicable state and federal laws and regulations
and shall also comply with the following standards:
A.
A small wind energy system shall be set back from the nearest property
boundary a distance at least equal to 150% of the system height. The
minimum lot size for freestanding wind energy systems shall be 10
acres; there is no minimum lot size for roof-mounted systems.
B.
The tower shall be designed and installed so as to not provide step
bolts or a ladder readily accessible to the public for a minimum height
of eight feet above the ground.
C.
A small wind energy system including tower shall comply with all
applicable construction and electrical codes and the National Electrical
Code.
D.
Small wind energy systems that connect to the electric utility shall
comply with New Jersey's Net Metering and Interconnection Standards
for Class I Renewable Energy Systems.
E.
MET towers shall be permitted under the same standards, permit requirements,
restoration requirements, and permit procedures as a wind energy system.
F.
The noise level of any small wind energy system shall not exceed
55 decibels as measured at the closest property line. These levels
may be exceeded during short-term events such severe windstorms.
G.
The wind generator and the tower shall remain painted in the color
that was originally applied by the manufacturer, unless a different
color is approved by the Board.
I.
Any disturbance of wooded or forested areas shall be minimized and
shall not exceed 1/4 acre.
J.
Permit requirements for a small wind energy system.
(1)
Site plan approval from the Land Use Board shall be required for
the installation of a wind energy system.
(2)
Documents: The site plan application shall be accompanied by a plot
plan which includes the following:
(a)
Property lines and physical dimensions of the property based
on a property survey prepared by a licensed land surveyor.
(b)
Location, dimensions, and types of existing structures on the
property.
(c)
Location of the proposed wind energy system tower.
(d)
The right-of-way of any public road that is contiguous with
the property.
(e)
Any overhead utility lines.
(f)
Wind energy system specifications, including manufacturer and
model, rotor diameter, tower height, tower type (freestanding or guyed).
(g)
Stamped, engineered tower and tower foundation drawings signed
and sealed by an engineer licensed in the State of New Jersey.
(h)
Noise levels of the proposed wind energy system at all property
lines.
(i)
Proposed screening of the wind energy system from adjoining
properties.
(j)
A description of any lighting and its impact on neighboring
residences and properties.
(k)
A wildlife habitat assessment report shall be prepared, either
as part of an environmental impact statement or as a separate report
that specifically addresses the wildlife habitat affected by the installation
of a wind energy system. This report shall address the impacts to
existing bird and bat populations by the wind energy system. Additionally,
the report shall address the environmental resources of the New Jersey
Department of Environmental Protection's Landscape Project and impacts
to habitats ranked 3, 4, or 5 that indicate the presence of threatened
or endangered species, including consideration for reducing or mitigating
the effect of the wind energy system on the wildlife resources of
the Township. This report shall document that the wind energy system
will not endanger/kill the varied threatened and endangered species,
bats and migratory birds of the Township.
K.
Abandoned wind energy systems.
(1)
A small wind energy system that is out of service for a continuous
twelve-month period shall be deemed to have been presumptively abandoned.
The Zoning Officer may issue a notice of abandonment to the owner
of a wind energy system that is deemed to have been abandoned. The
owner shall have the right to respond to the notice of abandonment
within 30 days from notice receipt date. The Zoning Officer shall
withdraw the notice of abandonment and notify the owner that the notice
has been withdrawn if the owner provides information that demonstrates
the wind energy system has not been abandoned. In the event that the
Zoning Officer, after investigation, determines that a wind energy
system has been abandoned, the Zoning Officer may issue a notice of
abandonment during the presumptive twelve-month period and the owner
shall have the right to respond to the notice of abandonment.
(2)
If the wind energy system is determined to be abandoned, the owner
of a wind energy system shall remove the tower and wind generator
at the owner's sole expense within three months of receipt of notice
of abandonment. If the owner fails to remove the tower and wind generator,
the Zoning Officer may, at the option of the Township Committee, have
the tower and wind generator removed at the owner's expense. The costs
incurred by the municipality shall be assessed against the property,
shall become a lien and tax upon the said property, shall be added
to and be a part of the taxes to be levied and assessed thereon, and
enforced and collected with interest by the same officers and in the
same manner as other taxes.
[1]
Editor's Note: This ordinance also provided: "It is unlawful
for any person to construct, install, or operate a wind energy system
that is not in compliance with this ordinance or with any condition
contained in a building permit issued pursuant to this ordinance.
Wind energy systems approved and/or installed prior to the adoption
of this ordinance are exempt."
[Added 5-22-2013 by Ord. No. 2013-07]
A.
Permitted areas. Placement of clothing donation bins shall not be
permitted on properties containing a residential use or uses, vacant
or undeveloped land, or on properties within the industrial zones
of the Township.
B.
It shall be unlawful for any person to place, use, or employ a clothing
donation bin (herein referred to as "bin") for solicitation purposes
within the Township of Mansfield unless all of the following requirements
are met:
(1)
Any person desiring a permit under this chapter shall file with the
Zoning Officer an original application, in writing, on a form furnished
by the Zoning Department, along with an initial application fee as
specified on the application.
(2)
The permit will be valid for a specified period of time.
(3)
In applying for such a permit, the applicant shall set forth the
following information:
(a)
The applicant's name, business name and business address;
(b)
The location where the bin would be situated, as precisely as
possible;
(c)
A description of the clothing donation bin to be covered by
the permit;
(d)
The manner in which the person anticipates any clothing or other
donations collected via the bin would be used, sold, or dispersed,
and the method by which the proceeds of collected donations would
be allocated or spent;
(e)
The name, and telephone number of the bona fide office required pursuant to Subsection B(8) of this section, of any entity which may share or profit from any clothing or other donations collected via the bin;
(f)
Name and phone number of the nonprofit organization displayed
on each bin; and
(g)
Written consent from the property owner(s) to place the bin
on the property.
(4)
All bins on a single property shall not cover a ground surface area
in excess of six feet by 12 feet, nor be more than six feet in height.
(5)
The bin(s) shall be appropriately located so as not to interfere
with sight triangles, on-site circulation, required setbacks, landscaping,
parking, and any other requirements that may have been imposed as
part of the site plan approval for the premises, and shall be placed
on a concrete or paved surface.
(6)
The Zoning Officer shall not grant an application for a permit to
place, use or employ a clothing donation bin, if he/she determines
that the placement of the bin(s) could constitute a safety hazard.
Such hazards shall include, but not be limited to, the placement of
clothing donation bins within 100 yards of any place which stores
large amounts of, or sells, fuel or other flammable liquids or gases,
or the placement of the bin would constitute a traffic hazard.
(7)
The bin(s) shall be of the type that are enclosed by use of a receiving
door and locked so that the contents of the bin(s) may not be accessed
by anyone other than those responsible for the retrieval of the contents.
(8)
The following information shall be clearly and conspicuously displayed
on the clothing donation bin(s):
(a)
The name and address of the registered person that owns the
bin(s) and of any other entity which may share or profit from clothing
or other donations collected via the bin(s);
(b)
The telephone number of the person's bona fide office, and if
applicable, the telephone number of the bona fide office of any other
entity which may share or profit from any clothing or other donations
collected via the bin(s);
(c)
In cases where any entity other than the person who owns the
bin(s) may share or profit from any clothing or other donations collected
via the bin(s), a notice, written in a clear and easily understandable
manner, indicating that clothing or other donations collected via
the bin(s), their proceeds or both, may be shared or given entirely
to, an entity other than the person who owns the bin(s), and identifying
all such entities which may share or profit from such donations;
(d)
A statement consistent with the information as required by Subsection B(3), indicating the manner in which the person anticipates any clothing or other donations collected via the bin(s) would be used, sold or dispensed and indicating the method by which the proceeds of the collected donations would be allocated.
(9)
It shall be the duty of each registered organization issued a permit
hereunder to properly maintain and service any clothing donation bin
placed within the Township so as to prevent such clothing bins from
creating any nuisance, hazardous or unsafe condition, including accumulation
of any items outside of the bin(s).
(10)
An expiring permit for a clothing donation bin may be renewed
upon application for renewal and payment of a renewal fee not to exceed
$25 annually.
(11)
If any used clothing donation bins are placed without a permit,
or an inspection reveals that such bins are not in compliance with
this section, enforcement and abatement shall take place as generally
provided under this article.
(a)
The minimum penalty of fine for the violations of any of the
provisions of this chapter shall be $100 per violation.
(b)
The Zoning Officer, the Building Inspector, or other Code Enforcement
Officer, the Police Department, and the Warren County Department of
Health are hereby individually and severally empowered to enforce
the provisions of this section.
(12)
A violation of this section may result in the Township seizing
the bin, removing it at the owner's expense and selling the contents
at public auction. All proceeds from such sale shall be paid to the
Chief Financial Officer of the municipality.
