Township of Greenwich, NJ Zoning

Editor's Note: See § 16-32, Permitting Emergency Warning Signal Device Systems in All Zones.

[Ord. No. 1/31/77 A.III § 3.3; Ord. No. 1989-8; Ord. No. 1990-11 § 2; Ord. No. 1992-8; Ord. No. 1993-10 § 1; Ord. No. 1994-6; Ord. No. 1996-11; Ord. No. 1996-12; Ord. No. 1998-18; Ord. No. 1999-1; Ord. No. 2001-1; Ord. No. 2005-19; Ord. No. 2006-12; Ord. No. 2008-08 § 2]

Certain words and terms in this chapter are defined for the purposes thereof as follows:

ACCESSORY USE OR BUILDING

A subordinate use of building, the purpose of which is incidental to that of a main use or building on the same lot.

ADULT ENTERTAINMENT USE

An establishment consisting of, including or having the characteristics of any or all of the following:

ADULT BOOKSTOREAn establishment having a substantial or significant portion of its stock-in-trade in books, magazines, publications, tapes or films that are distinguished or characterized by their emphasis on matter depicting, describing or relating to sexual activities or anatomical genital areas.

ADULT CABARETAn establishment devoted to adult entertainment, either with or without a liquor license, presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas; or a cabaret that features topless dancers, go-go dancers, strippers, male or female impersonators or similar entertainers for observation by patrons.

ADULT MOTION-PICTURE THEATERAn establishment used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to sexual activities or anatomical genital areas.

AFFORDABLE

Having a sales price or rent within the means of a low- or moderate-income household as defined in N.J.A.C. 5:93-7.4, or for housing developed in accordance with the third-round rules of the New Jersey Council on Affordable Housing, as defined by N.J.A.C. 5:94-7.

AFFORDABLE UNIT

A housing unit in the Township, the sales or rental of which is established in accordance with this section and which shall be sold to a low- or moderate-income family in accordance with this chapter.

AGRICULTURAL SALES/FARM STANDS

Sales of farm products to be conducted from a portable or permanent structure not exceeding 400 square feet in area, under the following conditions:

Only farm produce maybe sold.

Farm produce shall be limited to plant material and crops harvested from plants.

At least 50% of the produce must be grown or raised on the property or in the immediate region.

Any processed (frozen, canned, etc.) food for sale must have been grown or raised on the property or in the immediate region.

Access to the tract must be controlled by physical means to limit access to two points. The access points shall be no more than 24 feet wide.

Sales buildings or stands shall comply with the minimum setback requirements of the district.

Parking. No less than one off-street parking space for each 200 square feet of building floor area or a minimum of four spaces, whichever is greater. All parking shall be provided behind the legal right-of-way.

ALLEY

Any public or private way less than 50 feet in width unless such way existed prior to the passage of this chapter in which case any public or private way which is less than 30 feet in width.

AUTOMOBILE WRECKING

See Junkyard.

BASEMENT

A story partly underground and having more than 1/2 of its height above ground.

BUILDING

A combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof.

BUILDING AREA

That central portion of any lot lying between required yards and/or setback lines.

BUILDING HEIGHT

The vertical distance measured from the mean elevation of the finished grade along the front of the building to the highest point of the roof for flat roofs; to the mean height level (between the eaves and ridge) for gable and hipped roofs; to the deckline for mansard roofs.

CANNABIS CULTIVATOR

Any person or entity holding a Class 1 Cannabis Cultivator license issued by the State of New Jersey that grows, cultivates, or produces cannabis in the State of New Jersey, and sells, and may transport, this cannabis to other cannabis cultivators, or usable cannabis to cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers.

[Added 4-15-2021 by Ord. No. 103-2021]

CANNABIS DELIVERY

The transportation of cannabis items and related supplies to a consumer. "Cannabis delivery" also includes the use by a licensed cannabis retailer of any third party technology platform to receive, process, and fulfill orders by consumers, which third party shall not be required to be a licensed cannabis establishment, distributor, or delivery service, provided that any physical acts in connection with fulfilling the order and delivery shall be accomplished by a certified cannabis handler performing work for or on behalf of the licensed cannabis retailer, which includes a certified cannabis handler employed or otherwise working on behalf of a cannabis delivery service making off-premises deliveries of consumer purchases fulfilled by that cannabis retailer.

[Added 4-15-2021 by Ord. No. 103-2021]

CANNABIS DELIVERY SERVICE

Any person or entity holding a Class 6 Cannabis Delivery license issued by the State of New Jersey that provides courier services for consumer purchases of cannabis items and related supplies fulfilled by a cannabis retailer in order to make deliveries of the cannabis items and related supplies to that consumer, and which services include the ability of a consumer to purchase the cannabis items directly through the cannabis delivery service, which after presenting the purchase order to the cannabis retailer for fulfillment, is delivered to that consumer.

[Added 4-15-2021 by Ord. No. 103-2021]

CANNABIS DISTRIBUTOR

Any person or entity holding a Class 4 Cannabis Distributor license issued by the State of New Jersey that transports cannabis in bulk intrastate from one licensed cannabis cultivator to another licensed cannabis cultivator, or transports 40 cannabis items in bulk intrastate from any one class of licensed cannabis establishment to another class of licensed cannabis establishment, and may engage in the temporary storage of cannabis or cannabis items as necessary to carry out transportation activities.

[Added 4-15-2021 by Ord. No. 103-2021]

CANNABIS ESTABLISHMENT

A cannabis cultivator, a cannabis manufacturer, a cannabis wholesaler, or a cannabis retailer.

[Added 4-15-2021 by Ord. No. 103-2021]

CANNABIS MANUFACTURER

Any person or entity holding a Class 2 Cannabis Manufacturer license issued by the State of New Jersey, that processes cannabis items in this state by purchasing or otherwise obtaining usable cannabis, manufacturing, preparing, and packaging cannabis items, and selling, and optionally transporting, these items to other cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers.

[Added 4-15-2021 by Ord. No. 103-2021]

CANNABIS RETAILER

Any person or entity holding a Class 5 Cannabis license issued by the State of New Jersey that purchases or otherwise obtains usable cannabis from cannabis cultivators and cannabis items from cannabis manufacturers or cannabis wholesalers, and sells these to consumers from a retail store, and may use a cannabis delivery service or a certified cannabis handler for the off-premises delivery of cannabis items and related supplies to consumers. A cannabis retailer shall also accept consumer purchases to be fulfilled from its retail store that are presented by a cannabis delivery service which will be delivered by the cannabis delivery service to that consumer.

[Added 4-15-2021 by Ord. No. 103-2021]

CANNABIS WHOLESALER

Any person or entity holding a Class 3 Cannabis Wholesaler license issued by the State of New Jersey that purchases or otherwise obtains, stores, sells or otherwise transfers, and may transport, cannabis items for the purpose of resale or other transfer to either another cannabis wholesaler or to a cannabis retailer, but not to consumers.

[Added 4-15-2021 by Ord. No. 103-2021]

CELLAR

A story partly underground which has less than half of its height above ground level.

COMMON OPEN SPACE

An open space area within or related to a site designated as a development, and designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.

COMMUNITY RESIDENCE

A community residence for the developmentally disabled and community shelter for victims of domestic violence, as defined under the Municipal Land Use Law (N.J.S.A. 40:55D-66.1 and 40:55D-66.2), that contain less than six occupants, excluding resident staff, subject to the following conditions:

The community residence for the developmentally disabled and/or community shelter for victims of domestic violence is not located within 1,500 feet of an existing such residence or shelter.

If the number of persons, other than resident staff, within all such residences or shelters in the Township does not exceed 50 persons.

CONDITIONAL USE

A use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in this chapter, and upon the issuance of an authorization therefor by the Land Use Board.

[Amended by Ord. No. 2014-02]

CORNER LOT

A lot at the junction of, or a lot having frontage on two or more intersecting streets; or a lot bounded continuously on two or more sides by the same street.

DENSITY

The permitted number of dwelling units per gross area of land to be developed.

DENSITY AVERAGING

The development regulation which permits the developer the right to develop portions of the PD at densities greater than the overall density so long as the development of the entire PD does not exceed the overall density.

DEVELOPMENT

The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any use or change in the use of any building or other structure, or of any mining, excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to N.J.S.A. 40:55D-1 et seq.

DRIVEWAY, PRIVATE

A private roadway providing access for vehicles to a parking space, garage, dwelling or other structure.

DWELLING UNIT

A room, or suite of two or more rooms, which is designed for, intended for or occupied by one family or household living as an independent unit doing its own cooking.

DWELLING UNITS, MARKET-RATE

Housing units not restricted to low- and moderate-income households that may sell at any price determined by a willing seller and a willing buyer.

DWELLING, CONDOMINIUM

A building or group of buildings In which units are owned individually, and the structure, common areas and facilities are owned by all the owners on a proportional undivided basis.

DWELLING, DUPLEX

A structure on a single lot containing two dwelling units, each of which is totally separated from the other by an unpierced wall extending from ground to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall with each unit having direct access from the outside.

DWELLING, MULTIFAMILY

A building containing a minimum of three dwelling units and not exceeding three stories or 35 feet in height.

DWELLING, PATIO HOME

A detached dwelling located on the side lot line to offer one larger side yard rather than two smaller side yards if the building were sited toward the center of the lot (zero lot line).

DWELLING, SINGLE-FAMILY

A detached building designed for or occupied exclusively by one-family or dwelling unit.

DWELLING, TOWNHOME

A one-family dwelling in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit, located over another unit, and each unit is separated from any other unit by one or more common fire resistant walls.

DWELLING, TWO-FAMILY

A detached or semidetached building where not more than two individual family or dwelling units are entirely separated by vertical walls or horizontal floors, unpierced except for access to the outside or to a common cellar.

ECHO UNIT or ELDER COTTAGE HOUSING OPPORTUNITY UNIT

Separate and detached living quarters, accessory to a principal residence for the exclusive use and occupancy by elderly persons, at least one of which shall be related by blood or marriage to the owner of the lot and one of which shall be of an age 55 years or older and located upon the same lot as the principal residence.

FAMILY

One or more persons living as a single, nonprofit housekeeping unit as distinguished from individuals or groups occupying a hotel, club, fraternity or sorority house. The family shall be deemed to include necessary servants when servants share the common housekeeping facilities and services.

FAMILY DAY-CARE HOME

A family day-care home as permitted under the Municipal Land Use Law (N.J.S.A. 40:55D-66.5b), i.e., the private residence of a family day-care provider which is registered as a family day-care home pursuant to the Family Day Care Provider Registration Act, P.L. 1987, c. 27 (N.J.S.A. 30:5B-16 et seq.).

FARM MANAGEMENT UNIT

A parcel or parcels of land, whether contiguous or noncontiguous, together with agricultural or horticultural buildings, structures, and facilities, producing agricultural or horticultural products, and operating as a single enterprise.

[Added by Ord. No. 2011-09; amended by Ord. No. 2012-06]

FARM-SCALE RENEWABLE ENERGY GENERATING FACILITY

A ground-mounted renewable energy generating facility which is rated to generate no more than two megawatts (2 MW) of electricity and which constitutes an accessory use on agriculturally assessed land and which occupies no more than 10 acres of total land area.

[Added by Ord. No. 2011-09; amended by Ord. No. 2012-06]

FARMING

Agricultural activity or the raising of livestock or small animals as a major source of income and if conducted upon a lot or plot, in a single ownership of not less than five acres in area.

FLOOR AREA

For the purpose of computing floor area in determining minimum residential floor area, the area of all floors computed by measuring the inside dimension of the outside walls in a building, excluding the floors of the following: crawl spaces, cellars, porches, breezeways, patios, terraces, garages, and carports. The floor area of a second floor room or attic shall be included if the ceiling height is at least seven feet, notwithstanding that the room or attic has minor ceiling slopes, provided that these walls are at least five feet in height.

For the purpose of computing off-street-parking requirements and floor area ratio, floor area shall be defined as the area of all floors computed by using the dimensions of the outside walls of a building, excluding the basement area only if it is used for storage or mechanical equipment for heating and ventilation and not devoted to the principal use of the building, and also excluding any floor area devoted to off-street parking or loading facilities including aisles, ramps and maneuvering space.

GARAGE

Building used for housing or storing of self-propelled motor vehicles or unit portions thereof designed for use on public highways.

GARAGE, PRIVATEA garage intended for, or used by, the motor vehicles of the families resident upon the premises.

GARAGE, PUBLICAny garage not included within the definition of a private garage.[1]

GRID-SCALE RENEWABLE ENERGY GENERATING FACILITY

A renewable energy generating facility which is rated to produce greater than two megawatts (2 MW) of electricity and which constitutes a principal use on the property.

[Added by Ord. No. 2011-09; amended by Ord. No. 2012-06]

HOME OCCUPATION

A customary personal service occupation, such as dressmaking, millinery, home cooking, hairdressing, crafts, appliance repairs, carpentry, word processing and activities found of a like or substantially similar character or nature by either the zoning officer, to whom original application for a zoning clearance permit shall be made, or by the Land Use Board, in the event the application shall require site plan review and approval as provided for in Subsection 14-2.1 of Chapter 14, Site Plan Review. Such home occupation shall be conducted either within the principal dwelling house located upon the lot, in which case it shall not occupy more than the equivalent of 1/2 of the area of one floor of said dwelling house or 500 square feet, whichever is less, or within an accessory building located upon the same lot with the principal residence, in which case same shall not occupy more than 500 square feet of floor area of such accessory building. Such use shall be clearly secondary or accessory to the residential use of the principal residence located upon the lot. Not more than two persons shall be employed in the home occupation use, which persons so employed shall be residents of the principal dwelling house located upon the lot upon which the home occupation is proposed to be established. No display of products made or sold from the subject premises shall be visible from the street and no stock-in-trade shall be kept. The retail sales of goods or the providing of services in structures designed or altered to make such use the principal use of any structure shall not be considered to be a home occupation under the terms of this chapter. No machinery, equipment or operation shall cause interference with radio or television reception or other forms of electrical disturbance in the immediate area, create any noise which is discernible beyond the limits of the property nor produce any gas, fumes, dust, odors or other air pollutants, heat or movement of air. No clients or customers shall be received on a regular or scheduled basis if same would involve more than one client or customer at any one time. Except for permitted signs as otherwise provided for, there shall be no physical evidence of the use visible from the exterior of the building so devoted.

[Amended by Ord. No. 2014-02]

IMPERVIOUS SURFACES

Those surfaces which do not absorb rain. All buildings, parking areas, driveways, roads, sidewalks, and any areas in concrete, asphalt and packed stone or gravel shall be considered impervious surfaces within this definition. In addition, other areas determined by the Municipal Engineer to be impervious within the meaning of this definition will also be classed as impervious surfaces.[2]

JUNKYARD

The use of any lot for the storage, keeping or abandonment of junk, including scrap metals or other scrap material, or for the dismantling, demolition or abandonment of structures, automobiles or other vehicles, equipment and machinery or parts thereof, provided, however, that this definition shall not be deemed to include any of the foregoing uses which are accessory and incidental to any agricultural or industrial use permitted in any zone. The term "junk yard" as herein defined includes automobile wrecking yards.

LAND USE BOARD

Land Use Board as established under Chapter 13.

[Amended by Ord. No. 2014-02]

LARGE FULFILLMENT DISTRIBUTION CENTER

A large format regional fulfillment facility having a minimum gross floor area from 150,000 to more than 500,000 square feet and may be dedicated to e-commerce supply chains that pick and pack incoming orders (i.e., items/parcels) from shelves for individual delivery in order to "fulfill" individual online orders. They are short-term storage-based (holding a very high range of goods) but also rely on a high level of throughput and receive, pick, pack, kit, label, and deliver products to people's doorsteps in delivery trucks and vans. The buildings would include cross-docking functions, whereby palletized freight is moved across the distribution center to another truck to complete the rest of its journey. Characterized as having little or no storage function due to the perishable nature of many goods being shipped, such as food (including refrigeration and heated) and includes fabrication functions (e.g., sorting and packaging before final delivery), cold storage and refrigeration functions, break-bulk functions, whereby palletized freight or boxed goods are completely broken down so that a customer can receive a smaller quantity to their exact specifications.

[Added 10-19-2023 by Ord. No. 113-2023]

LAST-MILE FULFILLMENT CENTER

A fulfillment center/facility or station that primarily serves local markets having a minimum gross floor area from 50,000 to more than 150,000 square feet. Last-mile fulfillment centers also include micro/small fulfillment centers of 3,000 to more than 25,000 square feet. Last-mile fulfillment centers provide the final leg of delivery rather than a literal measurement of distance. They serve either consumers, individual households (for online shopping), or the retail stores they shop at (for traditional retail). Last-mile delivery hubs may be smaller compared to distribution centers, but truck and van trips are high, as are the parking requirements necessary to accommodate hundreds of employees, delivery vans, and trucks, and require a larger parking lot (impervious surface) footprint than other warehouse operations.

[Added 10-19-2023 by Ord. No. 113-2023]

LIGHT MANUFACTURING

The making of goods by hand or by machine through mechanical or chemical transformation of materials or substances into new products, including machining, casting and molding, joining and shearing and forming that are intended to be sold to customers upon completion. Items used in manufacturing may be raw materials or component parts of a larger product. All manufacturing occurs indoors. Light manufacturing does not include such activities or materials create no major hazard from fire or explosion or produce no toxic or corrosive fumes, gas, smoke, odors, obnoxious dust or vapor, offensive noise or vibration, glare, flashes or objectionable effluent.

[Amended 10-19-2023 by Ord. No. 113-2023]

LOT

A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.

LOT AREA

The total horizontal areas included within lot lines. Where the front lot line is the center line of a street or lies in part or in whole in the street area, the lot area shall not include that part of the lot in use or to be used as the street.

LOT DEPTH

The shortest horizontal distance between-the front lot line and a line drawn parallel to the front lot line through the midpoint of the rear lot line, providing that, in triangular lots having no rear lot line, the distance shall be measured to the midpoint of a line parallel to the front lot line which shall be not less than 10 feet in length measured between its intersections with the side lot lines.

LOT FRONTAGE

That portion of a lot extending along a street line. In odd shaped or triangular shaped lots the length of the frontage may be considered to be the same as the lot width except that such length of frontage shall not be less than 1/2 of any minimum frontage herein required and that the actual length of the street line shall be not less than 50 feet.

LOT WIDTH

The horizontal width measured at right angles to the lot depth.

LOW-INCOME FAMILY

A family whose gross aggregate income is no greater than 50% of the median income of the region, with adjustments for smaller and larger families. The Township shall qualify prospective purchasers of affordable units as "low-income families" prior to a developer selling an affordable unit to a prospective purchaser.

MAJOR DISTRIBUTION CENTER

A large-scale regional and/or interstate distribution facility having a minimum gross floor area from 500,000 to more than 1.5 million square feet. It is transit hub for large quantities of bulk goods that do not require finishing or individual packing, as they are temporarily stored on palettes before being shipped.

[Added 10-19-2023 by Ord. No. 113-2023]

MAXIMUM GROSS DENSITY RATIO

The ratio between the number of dwelling units located or proposed to be located on a lot and the gross area of the lot, including all lands within the lot used or proposed to be used for roads or any other purpose. The ratio is determined by dividing the number of dwelling units by the gross site area. This is the maximum density permitted on the lot.

MAXIMUM IMPERVIOUS COVERAGE

Is the maximum amount of impervious cover permitted on a lot or tract area and which is a measure of intensity of use of a piece of land and which is expressed as a ratio between the amount of impervious surface located on a lot or tract area and the gross area of that lot or tract area, including all lands within a tract used or proposed to be used for roads or any other purpose. Maximum impervious coverage is measured by dividing the total area of all impervious surfaces within the site by the gross site area.

MET TOWER

A meteorological tower used for gathering atmospheric information, such as wind speed and direction.

[Added by Ord. No. 2010-06; amended by Ord. No. 2011-09; Ord. No. 2012-06]

MINIMUM OPEN SPACE RATIO

The ratio between the amount of open space located within a lot or tract area and the gross area of the lot, including all lands within the lot used or proposed to be used for roads or any other purpose. The ratio is determined by dividing the amount of open space by the gross site area. This is the minimum open space that must be provided on the lot or tract area.

MODERATE-INCOME FAMILY

A family whose gross aggregate income is no greater than 80% and not less than 50% of the median income of the region, with adjustments for smaller and larger families. The Township shall qualify prospective purchasers of an affordable unit as "moderate-income families" prior to a developer selling an affordable unit to a prospective purchaser.

NONCONFORMING STRUCTURE

A structure the size, dimension or location of which was lawful prior to the adoption of this chapter, but fails to conform to the requirements of the zoning district in which it is located by reasons of the adoption of this chapter.

NONCONFORMING USE

A use or activity which was lawful prior to the adoption of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reasons of the adoption of this chapter.

NURSING HOME

Any building in which more than one room or an area exceeding 400 square feet is used for the accommodation, reception or treatment of the aged or sick who are residents therein, excluding members of the resident family.

OPEN SPACE

Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment, or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space; provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designated to be incidental to the natural openness of the land.

PARKING AREA

An open area, other than a street, driveway or public way, used for the parking of motor vehicles and available for public use whether for a fee or as a service or privilege for clients, customers, suppliers, or residents.

PARKING SPACE

Accommodation for off-street parking of motor vehicles which shall have a rectangular area of at least 200 square feet, exclusive of access drives or aisles, at least 10 feet in width and 20 feet in length.

PLANNED DEVELOPMENT or PD

An area with a specified minimum contiguous acreage of 100 acres or more to be developed as a single entity according to a plan containing one or more residential clusters, which may include appropriate commercial, or public or quasi-public uses all primarily for the benefit of the residential development.

PLANNED DEVELOPMENT SINGLE-FAMILY or PDSF

An area with a specified minimum contiguous acreage of 50 acres or more to be developed as a single entity according to a plan containing one or more residential clusters, or public or quasi-public uses all primarily for the benefit of the residential development.

PLANNED NEIGHBORHOOD CONVENIENCE SHOPPING CENTER

A shopping and service center, of 100,000 square feet or less, planned and developed as a unit, designed to meet consumer demands from local population or from the population of immediately adjacent areas or from employees working in the surrounding area. The primary functional offering will be exemplified by a mix of small retail and service-oriented uses, each use not greater in size than 15,000 square feet, except in the case of a supermarket which may exceed 15,000 square feet. Such uses shall typically be characterized as containing a supermarket with associated satellite retail and service oriented stores. This center may also include small offices or other small-scale permitted uses.

PLANNED REGIONAL SHOPPING CENTER

A retail establishment or any combination of retail establishments in a single building, or in a series of multiple buildings designed as a single retail center, designed to serve primarily regional retail needs, occupying, in total, more than 100,000 square feet.

PRESERVED FARM RENEWABLE ENERGY GENERATING FACILITY

A ground-mounted renewable energy generating facility which constitutes an accessory use on a preserved farm and which shall be permitted at a scale not to exceed 110% of the previous year's energy demand for the farm management unit or 1% of the total acreage of the farm management unit, whichever is greater. In no case shall a facility be rated to generate more than two megawatts (2 MW) of electricity.

[Added by Ord. No. 2011-09; amended by Ord. No. 2012-06]

PROFESSIONAL OFFICE

The office of a member of a recognized profession. When conducted in a residential district, a professional office shall be incidental to the residential occupation, shall be conducted by a member of the residential family entirely within a residential building and shall include only the offices of doctors or physicians, dentists, architects, landscape architects, professional engineers, lawyers and such other similar professional occupations which may be so designated by the Land Use Board upon finding by such Board that such occupation is truly professional in character by virtue of the need for similar training and experience as a condition for the practice thereof, and that the practice of such occupation shall in no way adversely affect the safe and comfortable enjoyment of property rights in any zone to a greater extent than the professional activities listed herein. The issuance of a state or local license for regulation of any gainful occupation need not be deemed indicative of professional standing.

[Amended by Ord. No. 2014-02]

RENEWABLE ENERGY FACILITY

A facility and all associated equipment that engages in the production of electric energy from solar technologies, photovoltaic technologies, or wind energy.

[Added by Ord. No. 2010-06; amended by Ord. No. 2011-09; Ord. No. 2012-06]

RESIDENTIAL CLUSTER

An area to be developed as a single entity according to a plan containing residential housing units which have a common or public open space area as an appurtenance.

RESIDENTIAL DENSITY

The number of dwelling units per gross acre of residential land area, including streets, easements and open space portions of a development.

RESIDENTIAL-SCALE RENEWABLE ENERGY GENERATING FACILITY

A renewable energy generating facility which is rated to generate no more than 10 kilowatts (10 kW) of electricity and which constitutes an accessory use to a principal residential or commercial use.

[Added by Ord. No. 2011-09; amended by Ord. No. 2012-06]

ROADWAY

MAJORA collector without parking.

MINORA local residential street without parking.

ROTOR DIAMETER

The cross-sectional dimension of the circle swept by the rotating blades of a wind-powered energy generator.

[Added by Ord. No. 2010-06; amended by Ord. No. 2011-09; Ord. No. 2012-06]

RURAL ESTATE RESIDENCE

A single-family detached residence with the following characteristics:

A minimum lot size of 10 acres shall be required.

No natural resource mapping or site capacity calculations shall be required.

The rural estate residence can have frontage on a private road, provided that the road meets the standards for private roads provided in this chapter.

A deed restriction prohibiting further subdivision of at least 10 acres shall be required.

Parking. A minimum of two off-street parking spaces per unit shall be provided.

SCHOOL, PUBLIC/PRIVATE

A school shall include a private school, religious or nonreligious, and a public school which is not conducted as a private, gainful business and is licensed under the proper governmental authority. Where a school is licensed by the State of New Jersey as an accredited elementary or secondary school, such school may include on-site housing for students, resident faculty and support staff. All schools shall meet the minimum requirements for the zone they are in, and, where applicable, meet the requirements of Subsection 16-19B.7

SETBACK LINE

A line within any lot, usually marking the limits of a required yard space, parallel to any street line, between which no building, or portion thereof, may be erected except as provided in this chapter.

SINGLE-FAMILY DETACHED OPEN SPACE COMMUNITY

A single-family detached open space community use, including single-family detached dwellings on individual lots that are clustered to preserve open space, provided that:

All single-family detached dwelling units shall include front, rear and side yards.

Parking. No less than two off-street parking spaces shall be provided on any lot on which a dwelling is hereafter erected.

SMALL WIND ENERGY SYSTEM

A wind energy system, as defined in this section, that is used to generate electricity, has a nameplate capacity of 20 kilowatts or less, and is as high as necessary to capture the wind energy resource at a maximum of 150 feet in height.

[Added by Ord. No. 2010-06; amended by Ord. No. 2011-09; Ord. No. 2012-06]

STORY

That portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between the floor and the ceiling next above it. No story shall be deemed to be a first story if its floor level is more than six feet above the level from which the height of the building is measured.

STORY, HALF

A story of which any two exterior sides meet a sloping roof not more than two feet above the floor of such story or that portion of any structure herein defined as a basement.

STREET

A public thoroughfare not less than 30 feet in width if in existence prior to the passage of this chapter, nor less than 50 feet in width if established since the date of passage of this chapter, which affords the principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road and any other thoroughfare except an alley.

STREET LINE

The dividing line between the lot and the street. Where the lot line is the center line of a street, or lies in part or in whole in the street, the lot, as referred to in this section, shall not include that part of the lot which constitutes part of the street.

STRUCTURAL ALTERATIONS

Any change in the supporting members of a building, such as bearing walls, columns, beams or girders, or in the utility system or mechanical equipment of a structure which materially alters its usability, capacity or function.

STRUCTURE

A combination of materials to form a construction for occupancy, use or ornamentation whether installed on, above or below the surface of the parcel of land. The term "structure" shall not apply to service utilities entirely below ground.

SWIMMING POOL, PRIVATE

A noncommercial swimming pool as an accessory use to a residential dwelling designed to contain a water depth of 24 inches or more.

TELECOMMUNICATIONS ANTENNA

Any antenna for the receiving and/or sending and/or relaying of wireless telephone communications or data to or from any wireless telephone, computer, radio, microwave dish or other device, whether cellular, digital, analog or by any other technology.

TELECOMMUNICATIONS TOWER

Any tower, steeple, pole, or other vertical structure designed to support a telecommunications antenna or telecommunications antennas.

USE

The purpose for which land or a building thereon is designed, arranged or intended or for which it is or may be occupied or maintained.

WAREHOUSE

A building used for storing goods and materials in inventory for extended periods of time and releasing them on demand. Warehouses also include multitenant facilities that are usually rented through short to medium-term leases.

[Added 10-19-2023 by Ord. No. 113-2023]

WIND ENERGY SYSTEM

A wind generator and all associated equipment, including any base, blade, foundation, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries or other component necessary to fully utilize the wind generator.

[Added by Ord. No. 2010-06; amended by Ord. No. 2011-09; Ord. No. 2012-06]

WIND GENERATOR

Equipment that converts energy from the wind into electricity. This term includes the rotor, blades and associated mechanism.

[Added by Ord. No. 2010-06; amended by Ord. No. 2011-09; Ord. No. 2012-06]

WIND, SOLAR OR PHOTOVOLTAIC ENERGY FACILITY OR STRUCTURE

A facility or structure for the purpose of supplying electrical energy produced from wind, solar, or photovoltaic technologies, whether such a facility or structure is a principal use, a part of the principal use, or an accessory use or structure.

[Added by Ord. No. 2010-06; amended by Ord. No. 2011-09; Ord. No. 2012-06]

YARD

An open space, as may be required by this chapter, of uniform width or depth on the same lot with a building or a group of buildings, which open space lies between the principal building or group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground level upward except as herein permitted.

YARD, FRONT

A yard extending across the full width of the lot and lying, between the front or street line of the lot and the nearest wall or part of the building. The depth of the front yard shall be measured at right angles to the front line of the lot. (See Diagrams at the end of this chapter)

Any lot abutting a street which is less than 50 feet in width shall be construed as having a front street property line or side street property line located 25 feet from the center line of said street. Notwithstanding the foregoing, any lot abutting a street shown as greater than 50 feet on the Master Plan or Official Map shall provide a front yard or side street setback measured from the right-of-way required therein.

YARD, REAR

A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest wall or part of the building such as a porch, deck or patio so that the space lying in between is unoccupied and unobstructed from the ground upward. The depth of the rear yard shall be measured at right angles to the rear of the lot in the same manner as specified herein for the measurement of lot depth. (See Diagrams at the end of this chapter)

YARD, SIDE

An open unoccupied space between the side line of the lot and the nearest wall or part of the building and extending from the front yard to the rear yard, or in the absence of either of such yards, to the front or rear lot lines, as the case may be. The width of a side yard shall be measured at right angles to the side line of the lot. (See Diagrams at the end of this chapter)

[1]

Editor's Note: The former definitions of “garden apartment” and “garden apartment development,” which immediately followed this definition, were repealed 4-18-2019 by Ord. No. 107-2019.

[2]

Editor’s Note: The former definition of "industrial," which immediately followed, was repealed 10-19-2023 by Ord. No. 113-2023.

[Ord. No. 1996-12; Ord. No. 1998-3]

A table summarizing the Schedule of Area, Yard and Building Requirements in the various zoned districts is annexed hereto and included at the end of this chapter.

[Ord. No. 12/29/75 A.IV § 4.1]

No land or premises shall be used and no building shall be emplaced, erected, razed, moved, extended, enlarged, altered or used in a manner or state, or for any purpose other than as permitted herein, for the zone in which it is located, and all construction and alterations shall be in conformity with the regulations provided for the zone in which it is located.

[Ord. No. 12/29/75 A.IV § 4.2]

No building or part thereof shall be emplaced, erected, razed, moved, extended, enlarged, altered or demolished until a permit has been granted by the Building Inspector. Application therefor shall be filed in duplicate by the owner or his agent and it shall state the intended use of the building and of the land. The application shall be accompanied by detailed plans and specifications and a plot plan showing open space, required setbacks, the established building lines with the block and such other information as may be necessary or desirable to provide for the enforcement of this chapter. Plans shall be drawn to scale and shall show actual dimensions in figures. All building plans, specifications and plot plans shall be signed by an architect or professional engineer licensed by the State of New Jersey. The owner may sign the building plans as to single-family dwellings or as to buildings accessory to said dwellings in the event that the owner has prepared the building plans, provided that the owner files an affidavit to that effect in accordance with law. Notwithstanding any other provisions of this subsection, only a land surveyor licensed by the State of New Jersey may prepare and certify said required plot plan.

No building permit shall be issued for the emplacement, erection, construction, reconstruction, alteration, razing or moving of any building or part thereof, unless the plans and intended use indicate that such building is designed to conform in all respects to the provisions of this chapter.

[Ord. No. 12/29/75 A.IV § 4.3]

No land shall be occupied or used and no buildings hereafter placed, erected or altered shall be occupied or used in whole or in part for any purpose whatsoever until a certificate of occupancy shall have been issued by the Building Inspector stating that the use and building therein specified, or either of them as the case may be, complies with all the provisions of this chapter. Such certificates of occupancy shall be granted or denied within 10 days after the date written application therefor has been received by the Building Inspector.

No change or extension or alteration of use shall be made in a nonconforming use of premises until a certificate of occupancy shall have been issued by the Building Inspector indicating that such change, extension or alteration is in conformity with the provisions of this chapter, and specifying therein the permitted altered use.

A record of all certificates of occupancy shall be kept on file in the office of the Building Inspector, and copies shall be furnished upon request to any person having a proprietary or leasehold interest in the building or land affected. A fee of $10 shall be charged for each original certificate and $1 for each copy thereof.

[Ord. No. 12/29/75 A.IV § 4.4; amended by Ord. No. 2014-02]

The Land Use Board, upon favorable site plan review, may certify to the Building Inspector that a temporary use permit for a period not to exceed one year may be issued and renewed for a period not to exceed six months for the following uses:

Temporary structures in connection with construction projects located on the same premises for office use and for storage of building materials, supplies and machinery, subject to the following conditions:

All setback requirements for the zone in which the structure may be located shall be complied with.

Said structure shall, under no circumstances, be used for habitation.

Acceptable means of ingress and egress shall be shown on the site plan.

A dwelling to be temporarily used as a model home or a real estate office for the sale of only those homes within the subdivision it services, subject to the following conditions:

The house to be used as a model home or a real estate office shall be built upon a lot approved as part of the subdivision by the Land Use Board.

Only real estate transactions involving those dwelling houses in the subdivision shall be permitted.

No business, other than selling those houses within said subdivision, shall be permitted.

Said dwelling house shall meet all building and zoning requirements and restrictions of the zone in which it is located.

[Ord. No. 12/29/75 A.IV § 4.5]

Every dwelling structure shall be built upon a lot with frontage upon a public street.

[Ord. No. 12/29/75 A.IV § 4.6]

Whenever specifically indicated on the zoning map by the use of symbols, figures or other suitable indication, setback lines of running streams or bodies of water are herewith established. Such setback lines shall mark that location closest to the stream or body of water at which any structure may be erected, regardless of other regulations in this or other ordinances regulating such setbacks, unless such other ordinances shall impose greater restrictions. This requirement shall not apply to structures necessary for access and safety such as bridges, culverts or protective walls and fences. Unless otherwise specified and indicated on the zoning maps, no structure shall be erected on land which is less than three feet above the normal or average level of any adjacent running stream, lake or body of water nor closer than 60 feet horizontally to such stream, lake or body of water, whichever conditions shall impose the greater requirements, such distance to be measured to the intersection of the finished grade with the structure at the lowest elevation of such grade.

[Ord. No. 12/29/75 A.IV § 4.7]

At the intersection or interception of two streets no hedge, fence or wall higher than three feet above curb level, nor any obstruction to vision shall be permitted on any lot within the triangular area formed by two intersecting street lines bounding said lot, and by a line connecting a point on each street line located 25 feet from the point of intersection of the street lines.

[Ord. No. 12/29/75 A.IV § 4.8]

Where a lot is a corner lot or is bounded by more than one street, the front yard setback requirement shall be met as to each abutting street. The required width of a corner lot, measured at the front yard setback line, shall be increased over the width specified in the zoning ordinance by the difference in feet between the required front yard setback and the required side yard setback.

[Ord. No. 12/29/75 A.IV § 4.9]

Every part of a required yard shall be open and unobstructed from the lowest level to the sky, except for the ordinary projection of sills, belt courses, chimneys, flues, buttresses, ornamental features and eaves, provided however that none of the enforced projections shall project into the minimum side yards more than 24 inches. Unroofed entrance porches or terraces which do not rise above the height of the floor level of the ground floor that extend into any yard providing the total area of all such porches which extend into such yards does not exceed 200 square feet, are also expected.

[Ord. No. 12/29/75 A.IV § 4.10; Ord. No. 1999-1]

No building or structure shall be erected in any zone in excess of 2 1/2 stories or 35 feet in height except as provided in this section or unless otherwise indicated in the applicable zone, in which case the district requirements shall apply.

Industrial buildings or structures shall not exceed a maximum of three stories nor a height of 45 feet.

The height limitations of this chapter shall not apply to church spires, belfries, cupolas, chimneys, ventilators, skylights, water tanks, silos, necessary mechanical appurtenances usually carried above the roof level, such as elevator housings, nor to noncommercial radio and television antenna, except where in the opinion of the Land Use Board such may be deemed to interfere with aerial navigation or constitute a fire hazard. Roof structures for the housing of stairways, tanks, ventilating fans, air-conditioning equipment or similar equipment required to operate and maintain the building may be erected above the height limits prescribed by this subsection, but in no case cover more than 10% of the roof area nor exceed the maximum height permitted in the district by more than 10 feet. These items shall be shielded by a parapet wall or other architectural relief consistent with the architecture of the main structure.

[Amended by Ord. No. 2014-02]

[Ord. No. 12/29/75 A.IV § 4.11]

A fence, wall or hedge may be constructed or maintained in a residential zone district without the issuance of any permit therefor, except that:

No fence, wall or hedge which exceeds four feet in height shall be constructed or maintained between the street line and the rear foundation wall of the main building.

No fence, wall or hedge which exceeds six feet in height shall be constructed to the rear of a foundation wall.

No fence, wall or hedge which exceeds four feet in height may be constructed on a corner lot.

[Ord. No. 12/29/75 A.IV § 4.12]

Notwithstanding any other provision of this chapter, the parking of trailers, trailer coaches, camp trailers, camp cars and house trailers in any zone is prohibited, except that this prohibition shall not extend to those used as temporary field offices on construction projects and those owned by a property owner of the Township of Greenwich; provided, however, that said trailer, trailer coach, camp trailer, camp car and house trailer shall be parked within the yard setback requirements of the residential zone in which it is parked and in no event shall they be used for a dwelling or sleeping purposes.

[Ord. No. 12/29/75 A.IV § 4.13]

The total minimum floor area required in a dwelling unit shall depend upon the number of bedrooms therein, in accordance with the following table:

Number of Bedrooms	Minimum Floor Area
1	850 square feet
2	1,000 square feet
3	1,200 square feet
4	1,600 square feet
5	2,000 square feet

In all dwelling units there shall be at least one bedroom containing at least 140 square feet of habitable floor area. Other full bedrooms shall contain at least 120 square feet of habitable floor area. There shall also be required additional floor area in the amount of 25% of the total amount required as hereinabove set forth, for such purposes as (but not limited to) dead storage, utilities, service, recreation or other, except parking. This related space shall be provided in basements, attics or accessory buildings.

[Ord. No. 1997-22; Ord. No. 1999-1]

General.

Landscaped buffers are areas provided to create a year-round visual screen and minimize adverse impacts or nuisances on a site from adjacent properties and streets. Buffering may consist of evergreens, shade trees, ornamental trees, shrubs, berms, boulders, mounds or combinations thereof, as indicated to achieve the stated objectives.

Where required, buffers shall be measured from property lines and street rights-of-way. Compliance shall be determined by the Land Use Board at the time of site plan and subdivision review.

[Amended by Ord. No. 2014-02]

All planting materials shall meet the standards of the American Association of Nurserymen. A list of acceptable plant materials is provided in Subsection 16-4.14e. Substitutions may be made from these materials at the discretion of the Land Use Board.

[Amended by Ord. No. 2014-02]

Transition buffers.

Transition buffers shall be required when any nonresidential use abuts a residential zone or conforming residential use, side or rear yard and when any multifamily use abuts a single-family zone side or rear yard. The buffer shall be placed within the nonresidential and multifamily lot along the property line. The location may be altered if approved by the Land Use Board.

[Amended by Ord. No. 2014-02]

A continuous landscape buffer space strip of not less than 35 feet in width shall be provided, except where such nonresidential use is of an industrial or manufacturing nature, in which case, the buffer strip shall be increased to 50 feet. For planned regional shopping centers, this buffer strip may be increased to 50 feet where found necessary by the Township to meet the objectives of Subsection 16-4.14A.1. Unless otherwise indicated, in the B-1 Zone the transition buffer shall be 25 feet. The transition buffer shall be used for no purpose other than landscaping and fencing. A fence or wall may be required within the transition buffer at the discretion of the Land Use Board. Said fence cannot exceed a six-foot height in the side and rear yard and not exceed a four-foot height in the front yard.

[Amended by Ord. No. 2014-02]

The transition buffer shall be planted with dense masses and groupings of shade trees, ornamental trees, evergreen trees and shrubs. No less than 75% of the buffer length shall be evergreen trees installed at a minimum height of six feet. All plantings shall be installed according to accepted horticultural standards. Based upon the intensity of the nonresidential use, the Board may require additional evergreens installed at an increased height and/or fencing.

The 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 3:1.

Unless otherwise approved by the Board, evergreens shall be spaced eight feet from the outside property line and eight feet apart in a row. A minimum of two parallel rows, spaced eight feet apart, of staggered plants shall be required between single-family residential and multifamily residential and between any residential and nonresidential use. More than one type of evergreen species shall be used. Where a fence is required, all plantings shall be placed along the outside perimeter of the fence but not closer than eight feet from the property line.

At a minimum, one deciduous tree should be planted every 40 feet within the transition strip. All deciduous trees shall be a minimum three-inch to three-and-five-tenths-inch caliper measured six inches from grade.

Existing vegetation within the transition buffer shall be preserved as desired by the Land Use Board and supplemented with shade-tolerant naturalistic massed plantings and/or fencing where deemed necessary by the Land Use Board to complete screening of adjoining land uses.

[Amended by Ord. No. 2014-02]

No buildings, structures, accessory structures, trash enclosures, parking, driveways or storage of materials shall be permitted within the transition buffer. Buffer areas shall be maintained and kept free of all debris and rubbish.

Transition buffer plantings may be waived by the Land Use Board where existing natural growth is found to be desirable by the Land Use Board and found to the satisfaction of the Land Use Board to be sufficient to provide a year-round screen of adjacent land uses or where the Board finds that fencing, in combination with a modified planting requirement, would be acceptable or advantageous under the particular development circumstances to provide a suitable buffer.

[Amended by Ord. No. 2014-02]

Reverse frontage buffers for residential uses.

Reverse frontage buffers shall be required where any residential structure and/or lots back onto any street. The buffer shall be situated adjacent to the right-of-way line. The following landscape treatments shall be provided unless otherwise approved by the Land Use Board.

[Amended by Ord. No. 2014-02]

A continuous landscape open space strip of not less than 25 feet in width shall be provided. The reverse frontage buffer shall be used for no purpose other than landscaping and may include a wall or fence not to exceed four feet in height.

The buffer shall be planted with masses and groupings of shade trees, ornamental trees, evergreen trees and shrubs in a free-form manner to provide contrast and create a more natural effect. No less than 50% of the buffer length shall be evergreen with a minimum installed height of six feet.

Existing vegetation within the landscape buffer shall be preserved where desired by the Land Use Board and supplemented with shade-tolerant naturalistic massed plantings where necessary to complete screening of residences to the satisfaction of the Land Use Board. Meander any required sidewalks, as necessary, to preserve existing trees.

[Amended by Ord. No. 2014-02]

Street trees shall be planted when required by ordinance.

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 and rubbish.

Reverse frontage buffer plantings may be waived by the Land Use Board where existing natural growth is found to be desirable by the Land Use Board and found to the satisfaction of the Land Use Board to be sufficient to provide a year-round screen of adjacent land uses.

[Amended by Ord. No. 2014-02]

Frontage buffers and commercial landscape treatments. In all nonresidential zones, there shall be maintained along the street frontage of all collector or arterial roads a frontage buffer or commercial landscape treatment as required and defined in this section.

Frontage buffer.

(a)

A frontage buffer shall be provided in the ROM and RO Zones along all collector or arterial roads where the frontage of the ROM or RO site in question faces a residential district. No frontage buffer is required in those instances where the nonresidential property is separated from the residential property by Route 78.

(b)

The required buffer shall be not less than 50 feet wide and shall be located in the required front yard setback area and adjacent to the road right-of-way. Frontage buffers shall be shown on the landscape plan submitted with the application for development and planted with grasses, deciduous trees or evergreens or constructed of berms, engineered walls or mounds, or combinations, and as approved by the Land Use Board which will enhance the appearance of the site and screen the use from facing residentially zoned properties. The frontage buffer shall be used for no purpose other than required landscaping except for permitted signage and/or permitted access. Additional material such as fencing may be required within the frontage buffer where it is determined by the Board that such material is necessary to mitigate the view from the public right-of-way of uses within the ROM or RO Zone.

[Amended by Ord. No. 2014-02]

(c)

Plantings that shall be required in the frontage buffer shall be those required in Subsection 16-4.14b(3) through (7).

(d)

Frontage buffer plantings shall not be required along internal access roads in nonresidential zones or where existing natural growth is found by the Land Use Board to be sufficient to meet the objectives of this section along collector or arterial roadways. No buildings structures, accessory structures, parking, driveways, loading areas or storage of materials shall be permitted in the frontage buffer. Driveways, utilities, fences and security structures may be permitted by the Land Use Board in accordance with an approved site plan.

[Amended by Ord. No. 2014-02]

Commercial landscape treatment.

(a)

Commercial landscape treatment in the ROM and RO Zones.

(1)

A landscape treatment area shall be provided in the ROM and RO Zones along all collector or arterial roads where the frontage of the site in question faces any other nonresidential district, except where the nonresidential property is separated from the residential property by Route 78.

(2)

This landscape treatment area shall be 40 feet wide and be located adjacent and parallel to the public road frontage as required. The landscape area shall contain two rows of trees. Each row shall be spaced 40 feet on center, parallel to the roadway and 30 feet apart, perpendicular to the roadway. Each row shall be five feet from the outside edge of the landscape area. Centered within the landscape area shall be a five-foot-wide pathway/sidewalk of asphalt, concrete or other hard surface which may be approved by the Township Engineer, and which shall also meet all ADA requirements. An illustration of this landscape treatment is provided in Figure 16-4.14d.2(a). (See Figure at end of this chapter)

(3)

In order to provide some level of consistency while providing a variety of tree types, at least two different tree types in substantially equal proportions from the following list of similarly shaped and canopied trees shall be provided within each section of the landscape. Trees within the landscape area shall be planted at a caliper of not less than three inches.

Commercial Landscape Treatment Tree Types
Acer rubrum (October Glory) - October glory red maple
Acer rubrum (Red Sunset) - Red sunset red maple
Acer saccharum (Bonfire) - Bonfire sugar maple
Acer saccharum (Green Mountain) - Green Mountain sugar maple
Quercus phellos - Willow oak
Quercus rubra - Red oak
Zelkova Serrata (Green Vase) - Green vase zelkoya

(b)

Commercial Landscape Treatment in the B-2, B-I and MXD Zones.

(1)

A landscape treatment area shall be provided in conjunction with any nonresidential development in the B-2, B-I and MXD Zones along all collector or arterial roads. This landscaped area shall be provided whether the site in question is facing another nonresidential zone or a residential zone.

(2)

The landscape treatment area provided shall be the same as the landscape treatment required in the ROM and RO Zones.

(c)

Commercial Landscape Treatment in the B-1 Zone.

(1)

A landscape treatment area shall be provided in conjunction with any nonresidential development in the B-1 Zone along any collector or arterial road. This landscaped area shall be provided whether the site in question is facing another nonresidential zone or a residential zone.

(2)

This landscape treatment area shall be 20 feet wide and be located adjacent and parallel to the public road frontage as required. The landscape area shall contain one row of trees, spaced 40 feet on center, parallel to the right-of-way and five feet from the edge of the right-of-way. A five-foot-wide pathway/sidewalk shall be placed in the landscape treatment area beginning 10 feet from the right-of-way. The pathway/sidewalk shall be constructed of asphalt, concrete or other hard surface which may be approved by the Township Engineer, and which shall also meet all ADA requirements. An illustration of this landscape treatment is provided in Figure 16-4.14d.2(b). (See Figure at end of this chapter)

(3)

In order to provide some level of consistency while providing a variety of tree types, a mix of at least two different tree types in substantially equal proportions from the list of trees approved for the ROM/RO landscape treatment area shall be provided. Trees within the landscape treatment area shall be planted at a caliper of not less than three inches.

(4)

The twenty-foot landscape treatment area as described herein shall not be required for B-1 areas located within the Village of Stewartsville.

(d)

Buffer yard plant materials.

(1)

Acceptable buffer yard plant materials are listed below by type:

Canopy Trees (minimum three-inch to three-and-one-half-inch caliper at planting)
Acer ginnala - Amur maple
Acer rubrum - Red maple
Acer saccharum - Sugar maple
Betula alba - European white birch
Betula papyrifera - Paper birch
Fagus grandifolia - American beech
Fagus sylvatica - European beech
Fraxinus americana - White ash
Fraxinus pennsylvanica - Green ash
Ginkgo biloba - Ginkgo (male only)
Gleditsia triacanthos inermis - Thornless honey locust
Liquidamber styraciflua - Sweet gum
Liriodendron tulipifera - Tulip tree
Phellodendron amurense - Amur corktree
Plantanus acerifolia - London planetree
Quercus alba - White oak
Querous coccinea - Scarlet oak
Quercus palustris - Pin oak
Quercus phellos - Willow oak
Quercus rubra - Red oak
Robina pseudosacacia inermis - Thornless black locust
Sophora japonica - Japanese pagodatree
Tilia - Linden (all species hardy to the area)
Ulmus Parvifolia - Chinese elm
Zelkova serrata - Japanese zelkova

Flower Trees (minimum six-foot height at planting)
Amelanchier canadensis - Shadblow serviceberry
Cornus florida - Flowering dogwood
Cornus kousa - Kousa dogwood
Cornus mas - Cornelian cherry
Koelreuteria paniculata - Golden raintree
Laburnum vossi - Goldenochain
Magnolia soulangina - Saucer magnolia
Malus baccata - Siberian crab
Malus floribunda - Japanese flowering crab
Malus hopa - Hopa red-flowering crab
Pyrus calleryana Aristocrat - Aristocrat pear
Prunus serrulata kwanzan - Kwanzan cherry
Prunus x yedoensis - Yoshino cherry

Evergreens (Minimum six-foot height at planting)
Narrow/Columnar:
Juniperus chinensis Spartan - Spartan juniper
Juniperus virginiana Emerals Sentinel - Emerald Sentinel juniper
Thuja occidentalis Smaragd (Emerald Green) - Emerald green arborvitae
Full Size:
Flex opaca - American holly
Picea abies - Norway spruce
Picea pungens - Colorada spruce
Pinus nigra - Austrian pine
Pinus strobus - Eastern white pine
Pseudotsuga menziesii - Douglas fir
Tsuga canadensis - Canada hemlock
Under 3 feet in height (Minimum fifteen-inch height at planting):
Berberis x gladwynensis William Penn - William Penn barberry
Berberis thunbergi atropurpurea Crimson Pygmy - Crimson Pygmy red barberry
Fothergilla gardenii - Dwarf fothergilla
Ilex crenata Helleri - Dwarf Japanese holly
Juniperus chinensis Sargentii - Sargent juniper
Kalmia latifolia Elf - Elf mountain laurel
Leucothoe axilaris - Coast luecothoe
Pyracantha coccinea Rutgers - Rutgers firethorn
Spiraea x bumalda Anthony Waterer - Anthony Waterer spiraea
Taxus baccata Repandens - Spreading English yew
Over 3 feet in height (minimum twenty-four-inch height at planting):
Aronia arbutifolia - Chokeberry
Clethra alnifolia - Summersweet clethra
Eonymus alatus Compactus - Compact burning bush
Fothergilla major - Large fothergilla
Hamamellis mollis - Chinese witchhazel
Hydrangea quercifolia - Oakleaf hydrangea
Ilex glabra - Inkberry holly
Illex x meservae China Girl - China Girl holly
Juniperus chinenis Pfitzeriana Compacta - Compact Pfitzer juniper
Juniperus chinensis Sea Green - Sea Green juniper
Kalmia latifolia - Mountain laurel
Myrica pensylvanica - Northern bayberry
Pieris japonica - Japanese pieris
Rhododendron carolinianum - Carolina rhododendron
Rhododendron catawbiense - Catawba rhododendron
Spiraea nipponica Snowmound - Snowmound spiraea
Viburnum carlesii - Koreanspice viburnum
Viburnum dentatum - Arrowwood viburnum

[Ord. No. 1999-1]

No building, parking or other disturbance shall be permitted within 250 feet of the edge of the Pohatcong Creek, the Merrill Creek or the Musconetcong River. Where included as part of a tract proposed for development, a conservation easement shall be obtained to prevent disturbance of this area.

[Ord. No. 1999-1]

All developments shall provide for adequate disposal of solid waste and provisions for handling recyclable materials as defined in the Township Recycling Ordinance, § 3-8.

For nonresidential uses and multifamily developments, there shall be at least one location for trash disposal and recyclable material situated either within a building or within the side or rear yard. Exterior trash and recyclable containers shall be fully screened with a gated enclosure constructed of board-on-board fencing or a similar material. The distance between opposite boards shall not exceed two inches. The enclosure shall not exceed a six-foot height and shall be buffered from within the site and from any lot line or street line with landscaping.

Solid waste and recycling storage areas shall be set back a minimum of 10 feet from adjoining property lines and are prohibited within the front yard. For any development proposal of 50 or more single-family detached dwelling units, or 25 or more units of multifamily dwellings, and for any commercial or industrial development proposal for the utilization of 1,000 square feet or more of land, the location and number of recycling containers, and the collection and disposition of recyclables must be provided for and approved of by the Board with jurisdiction.

Adequate access shall be provided to all solid waste and recycling storage facilities. Such access shall accommodate the type of vehicle normally used for the collection of wastes. The area for recycling shall be large enough to accommodate the recyclables being collected by the municipality.

[Ord. No. 2009-09 § I]

In the B-1 Neighborhood Business, B-2 Highway Business, ROM Research Office Manufacturing, and OP/LR Office Professional/Limited Research Zoning Districts the hours of operation shall be limited to 6:00 a.m. to 10:00 p.m. In addition, all outdoor uses shall be closed from 10:00 p.m. to 6:00 a.m. of every day.

[Added by Ord. No. 2010-06; amended by Ord. No. 2011-09; Ord. No. 2012-06]

Solar and photovoltaic facilities.

General requirements. The following general requirements shall apply to solar and photovoltaic facilities, regardless of whether they are accessory or permitted uses:

(a)

Systems shall be permitted to be ground-mounted and mounted to principal and accessory structures and buildings. Solar or photovoltaic energy structures may be mounted to a roof of any structure that does not face a public street. Solar or photovoltaic energy structures are discouraged from being mounted to a roof of any structure that faces a public street. However, installation of solar or photovoltaic energy structures on roofs facing a public street is permitted where the front-facing roof is oriented south, southwest, or southeast.

[Amended 11-19-2020 by Ord. No. 113-2020]

(b)

Facilities shall not be counted in the calculation of maximum impervious cover, unless the area under the system (excluding the footings) consists of an impervious material, such as pavement. The design of the systems shall comply with all Township stormwater, grading, and soil disturbance regulations, and the applicant shall take appropriate measures to prevent a concentrated flow of runoff.

(c)

Ground-mounted systems contained within an area of 1,000 square feet (including the aggregate area of multiple systems) to 10 acres shall require minor site plan approval prior to obtaining a zoning permit. Systems greater than 10 acres in size shall require preliminary and final site plan approval prior to obtaining a zoning permit.

(d)

Ground systems greater than 1,000 square feet shall provide one or more of the following beneath the structures: meadow grasses or agricultural area for crops or grazing farm animals.

(e)

Where the subject site consists of active agriculture, site disturbance, including, but not limited to, grading, soil removal, excavation, and soil compaction, including beneath a ground-mounted system, shall be minimized to the extent practical so that the subject site can subsequently return to active agricultural production after the useful life and removal of the solar array.

(f)

Mounting of the solar structures shall, to the extent practical, be accomplished without the use of footings, concrete, or other impervious surfaces.

(g)

Roadways within the site shall not be constructed of impervious materials and shall be designed to minimize the extent of roadways constructed and associated soil compaction. Wooded sites may not be clear-cut to construct renewable energy facilities.

(h)

Applicants are encouraged to enter into solar easements with neighboring property owners in order to ensure continuing access to sunlight for a solar or photovoltaic system.

(i)

All electrical and control equipment shall be labeled and secured to prevent unauthorized access.

(j)

There shall be no signs that are visible from any public road posted on a solar or photovoltaic system or any associated building or structure, except for the manufacturer's or installer's identification, appropriate warning signs, or owner identification.

(k)

A construction permit and/or certificate of completion issued pursuant to this section shall expire if:

(1)

The solar or photovoltaic system is not installed and functioning within 24 months from the date the permit is issued; or

(2)

The solar or photovoltaic system is out of service or otherwise unused for a continuous twelve-month period.

(l)

In addition to those items required for an application to be approved, a site plan application shall depict the following:

(1)

Location of proposed and existing underground or overhead utility or transmission lines.

(2)

Location of any proposed or existing substation, inverter or transformer.

(3)

Description of any necessary upgrades or modifications to existing substations or the necessity for a new substation.

(4)

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.

(5)

For projects over 2 MW, the location and elevations of all transmission lines, support structures and attachments to a substation(s).

(6)

For projects over 2 MW, documentation detailing the available capacity of the existing electric infrastructure in the region and the amount of that capacity the project will absorb.

(7)

For projects over 2 MW, an interconnection agreement with PJM.

(8)

Location of existing hedgerows and vegetated windbreaks. Trees within this area that have a caliper of six inches (dbh) or greater shall also be identified by location, species, and overall condition.

(9)

A decommissioning plan and estimate.

(m)

Abandonment.

(1)

A solar energy system that is out of service for a continuous twelve-month period will be deemed to have been abandoned.

(2)

The Township may issue a notice of abandonment to the owner of a solar energy system that is deemed to have been abandoned. The notice shall be sent return receipt requested.

(3)

The owner shall have the right to respond to the notice of abandonment within 30 days from the notice receipt date.

(4)

If the owner provides information that demonstrates the solar energy system has not been abandoned, the Township shall withdraw the notice of abandonment and notify the owner that the notice has been withdrawn.

(5)

If the designated Township official determines that the solar energy system has been abandoned, the owner of the solar energy system shall remove the solar energy system and properly dispose of the components at the owner's sole expense within six months after the owner receives the notice of abandonment.

(6)

In the event that the owner fails to remove the solar energy system, the Township and/or its employees and/or contractors may enter the property to remove the solar energy system (but shall not be obligated to remove same); and in the event that the Township performs the removal, all costs and expenses of such removal shall be reimbursed to the Township by the owner. In the event the owner fails to reimburse the Township, the Township may place a lien on the property in the amount of the costs and expenses of said removal; and in the event that the Township incurs any additional costs and expenses in enforcing the lien and/or collecting the money owed, the owner shall be obligated to reimburse the Township for the additional costs and expenses, including reasonable attorneys' fees.

(n)

Guidelines for standards imposed by the Board of Adjustment as conditions for use variance approval in all zones other than ROM Zones. Siting renewable energy facilities within the Township must be integrated with Greenwich's unique status as a municipality which has adopted a Master Plan and Land Development Ordinance for the primary purpose of preserving its farmland, agricultural heritage, and resource conservation.

(1)

In order to promote a policy of utilizing the most-suitable lands within the Township's Resource Conservation District (RCD) for farming, grid-scale renewable energy facilities should not be located on lots with greater than 75% prime agricultural soils.

(2)

In order to support the goal of providing for large contiguous tracts of farmland within the Township's RCD District, grid-scale renewable energy facilities should not be located on lots which are adjacent to preserved farmland.

(3)

In order to retain the rural appearance of the Township's RCD District as opposed to the industrial appearance of electric generating facilities, any grid-scale renewable energy facilities which are approved should provide sufficient land area and landscape material around the perimeter of the developed area to provide an effective year-round screen of the view of the facilities from adjacent public or private roads and residences.

Principal use requirements. The following requirements shall apply to solar and photovoltaic facilities where they are permitted principal uses. These requirements shall be bulk requirements for permitted uses in the ROM Zone.

(a)

Minimum lot size shall be 20 contiguous acres.

(b)

No more than 50% of the lot shall be covered by the renewable energy facility.

(c)

The following setbacks shall apply to ground-mounted systems:

(1)

Front yard: 100 feet.

(2)

Side yard: 50 feet, or not less than 100 feet where a lot abuts a residential district.

(3)

Rear yard: 50 feet, or not less than 100 feet where a lot abuts a residential district.

(4)

Substations shall be set back a minimum of 150 feet from a property line.

(d)

The following minimum screening requirements shall be met. However, notwithstanding the minimum requirements, the applicant shall demonstrate, to the satisfaction of the approving board, that the proposed screening provides a year-round visual screen of the facility from neighboring residential properties. Additional screening may be needed to meet this requirement, or the design and location of the solar facility shall be revised to mitigate the visual impact upon the neighboring residential properties.

(1)

Neighboring residential properties shall be defined for this purpose as those properties which abut the subject site, those properties which are located directly across the street from the subject site or, in the case of hillsides or mountainsides overlooking the subject site, properties within 500 feet of the subject site.

(2)

The proposal shall comply with the landscape buffer requirements in Section 16-4.14 of this chapter, with the following exceptions;

[a]

Any required fencing shall have a minimum height of six feet.

[b]

Deciduous trees shall have a minimum caliper of 2.5 inches (dbh) at the time of installation.

(3)

Substations and other associated transmission structures shall be screened with a double row of evergreen plantings with a minimum height of eight feet.

(4)

Existing hedgerows or vegetated windbreaks that provide screening of the subject site from neighboring properties shall be retained and augmented unless waived by the approving board.

(e)

Fencing may be required where deemed by the approving board to be necessary for health, safety or welfare or for reducing visual impact. The type of fencing shall be approved by the reviewing board in conjunction with the site plan application.

(f)

All landscaping, as installed, shall conform to and be in accordance with the plan approved and/or signed by the board. Prior to the issuance of a permanent certificate of occupancy, completion or compliance (whichever is applicable) and prior to the release of any performance guarantee, the landscaping shall be installed and a two-year maintenance guarantee in a form acceptable to the Township Attorney and in an amount acceptable to the board landscape architectural expert shall be posted with the Township. If the applicant applies for a certificate of occupancy during a nonplanting season, the applicant may obtain a temporary certificate of occupancy without installation of the landscaping but if and only if the applicant posts a performance guarantee in a form acceptable to the Township Attorney and in an amount acceptable to the Township Engineer guaranteeing installation of the landscaping during the next planting season and further guaranteeing the subsequent posting of a two-year maintenance guarantee. The applicant shall have a continuing obligation to maintain all landscaping for its intended purpose (i.e., for screening if planted for buffering purposes or for aesthetics if planted for enhancement purposes), which shall include, but not be limited to, repairing and/or replanting to the satisfaction of the Township Planning/Engineering Department any and all landscaping that becomes damaged and/or dies. (This continuing maintenance obligation is in addition to, and notwithstanding, the fact that a maintenance guarantee may or may not be required in any particular application.) In the event that the Township Engineer determines that utilization of an outside expert (e.g., board landscape architectural expert) is necessary to fulfill the intent of this section, all costs and expenses of such outside experts shall be reimbursed to the Township by the applicant.

(g)

The applicant shall submit an affidavit agreeing that any approval for a solar energy generating facility shall be subject to site plan approval for any necessary new substations or modifications to existing substations.

Accessory use requirements. The following requirements shall apply to solar and photovoltaic facilities where they are accessory to residential or commercial uses:

(a)

Ground-mounted systems which do not exceed 1,000 square feet (including the aggregate area of multiple systems) shall meet the side and rear yard setback standards for accessory structures in the zone in which the structure is located.

(b)

Ground systems shall not be located between a building line and a public street (i.e., ground systems shall not be located in a front yard).

(c)

The gross area of ground-mounted systems, including the aggregate area of multiple systems, which are greater than 1,000 square feet (including the aggregate area of multiple systems) shall meet the following screening requirements:

(1)

A solid screen of plantings and/or a fence shall be provided along property lines shared with a residential zone district and rights-of-way.

(2)

The minimum height of the screening shall be five feet.

(3)

Existing vegetation shall be retained to the extent practical.

Residential-scale renewable energy generating facilities.

(a)

Facility components shall be permitted to be mounted to principal and accessory structures and buildings or ground-mounted.

(b)

A zoning permit must be issued for all systems. Ground-mounted systems measuring greater than 1,000 square feet shall require a minor site plan approval prior to being issued a zoning permit.

(c)

Facility components shall be mounted parallel to the roof of the supporting structure and shall not protrude above eight inches from the roof.

(d)

Ground-mounted systems shall not exceed 1,000 square feet on any lot in the PDZ Zone, PDSFZ Zone or any lot in the RCD District and subject to Development Option 1.

Farm-scale renewable energy generating facilities, solar.

(a)

Ground-mounted systems which are rated to generate 10 kilowatts (10 kW) of electricity or greater shall require site plan approval prior to obtaining a zoning permit. Systems covering greater than 10 acres are prohibited.

(b)

On nonpreserved, agriculturally assessed farms, ground-mounted facilities shall be permitted on a farm management unit at a ratio of one acre devoted to the solar facility to five acres devoted to agriculture (approximately 17%) or a maximum of 10 acres maximum taken out of agricultural production, whichever first applies. This area shall be calculated including required roadways and buffers. In no case shall a facility be rated to generate more than two megawatts (2 MW) of electricity.

(c)

Ground-mounted farm-scale facilities which are to be located as accessory uses on an agriculturally assessed farm or preserved farms shall be placed as far from public rights-of-way and viewsheds in the most visually remote areas as possible.

(d)

All farm-scale solar energy generating facilities shall comply with the State Agricultural Development Committee (SADC) agricultural management practice for solar energy generation. The SADC has established an agricultural management practice (AMP), or standards, which commercial farms must meet to be eligible for right-to-farm protection for the on-farm generation of solar energy. This rule was required to implement legislation that extends the protections of the Right to Farm Act to the generation of solar energy on commercial and preserved farms within certain limits. The rule can be found on the SADC website at http://www.state.nj.us/agriculture/sadc/ruleprop/.

(e)

In no case shall such facilities be located closer than 300 feet to any residential improvement on an adjacent lot.

(f)

The energy generating facility location shall avoid prime soils.

(g)

A preserved farm renewable energy generating facility shall be permitted at a scale of energy production not to exceed 110% of the previous year's energy demand for the farm management unit or may cover a maximum of 1% of the total acreage of the farm management unit, whichever is greater. In no case shall a facility be rated to generate more than two megawatts (2 MW) of electricity.

Wind energy facilities.

General requirements. The following general requirements shall apply to wind facilities, regardless of whether they are accessory or permitted uses:

(a)

Small wind energy systems shall be considered accessory uses. Wind energy facilities that do not meet the definition shall be considered principal uses.

(b)

"System height" shall be defined as the height above grade of the tower plus the wind generator.

(c)

"Tower height" shall be defined as the height above grade of the fixed portion of the tower, excluding the wind generator.

(d)

All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.

(e)

The tower shall be designed and installed so as not to provide step bolts, a ladder, or other publicly accessible means of climbing the tower, for a minimum height of eight feet above the ground.

(f)

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 at N.J.A.C. 14:4-9.

(g)

A met tower shall be permitted under the same standards, permit requirements, restoration requirements and permit procedures as a small wind energy system.

(h)

All electrical and control equipment shall be labeled and secured to prevent unauthorized access.

(i)

There shall be no signs that are visible from any public road posted on a wind energy system or any associated building or structure, except for the manufacturer's or installer's identification, appropriate warning signs, or owner identification.

(j)

Permit requirements.

(1)

A preliminary and final site plan approval is required before a zoning permit may be issued for a wind energy system which is a principal use.

(2)

A zoning permit shall be required for the installation of a small wind energy system.

(3)

The zoning permit application shall be accompanied by a plot plan which includes the following:

[a]

Property lines and physical dimensions of the property;

[b]

Location, dimensions, and types of existing major structures on the property;

[c]

Location of the proposed small wind energy system tower;

[d]

The right-of-way of any public road that is contiguous with the property;

[e]

Location of existing and proposed overhead utility lines;

[f]

System specifications, including manufacturer and model, rotor diameter, system height, and tower type (freestanding or guyed).

(k)

A permit issued pursuant to this section shall expire if:

(1)

The wind energy system is not installed and operating within 24 months from the date the permit is issued; or

(2)

The wind energy system is out of service or otherwise unused for a continuous twelve-month period.

(l)

In addition to those items required for an application to be approved, a site plan application shall depict the following:

(1)

Location of proposed and existing overhead or underground utility or transmission lines.

(2)

Location of any proposed substation or transformer.

(3)

Description of any necessary upgrades or modifications to existing substations or the necessity for a new substation.

(4)

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.

(5)

For projects over 2 MW, the location and elevations of all transmission lines, support structures and attachments to a substation(s).

(m)

Abandonment.

(1)

A wind energy system that is out of service for a continuous twelve-month period will be deemed to have been abandoned.

(2)

The Township may issue a notice of abandonment to the owner of a wind energy system that is deemed to have been abandoned. The notice shall be sent return receipt requested.

(3)

The owner shall have the right to respond to the notice of abandonment within 30 days from the notice receipt date.

(4)

If the owner provides information that demonstrates the wind energy system has not been abandoned, the Township shall withdraw the notice of abandonment and notify the owner that the notice has been withdrawn.

(5)

If the designated Township official determines that the wind energy system has been abandoned, the owner of the wind energy system shall remove the tower and wind generator from the tower at the owner's sole expense within six months after the owner receives the notice of abandonment.

(6)

In the event that the applicant fails to remove the wind energy system, the Township and/or its employees and/or contractors may enter the property to remove the wind energy system (but shall not be obligated to remove same); and in the event that the Township performs the removal, all costs and expenses of such removal shall be reimbursed to the Township by the applicant. In the event the applicant fails to reimburse the Township, the Township may place a lien on the property in the amount of the costs and expenses of said removal; and in the event that the Township incurs any additional costs and expenses in enforcing the lien and/or collecting the money owed, the applicant shall be obligated to reimburse the Township for the additional costs and expenses, including reasonable attorneys' fees.

Principal use requirements. The following requirements shall apply to wind energy system facilities where they are permitted principal uses. These requirements shall be bulk requirements for permitted uses.

(a)

The minimum lot size shall be 20 contiguous acres.

(b)

Unless otherwise stated, all buildings and structures shall comply with the standards of the zone district.

(c)

A wind tower shall be set back from the property line a minimum distance of 150% of the system height. However, the setback to a residential use or zone district shall be a minimum of 500 feet.

(d)

Substations shall be set back a minimum of 150 feet from a property line. However, the setback to a residential use or zone district shall be a minimum of 200 feet.

(e)

No portion of the wind generator shall extend into any public road right-of-way.

(f)

A wind energy system shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration.

(g)

The wind generator and the tower shall be a neutral color that is appropriate for its location and will allow the tower to be as unobtrusive as possible, unless otherwise required by the FAA.

(h)

The applicant shall submit an affidavit agreeing that any approval for a wind energy generating facility shall be subject to site plan approval for any necessary new substations or modifications to existing substations.

Accessory use requirements. The following requirements shall apply to wind facilities where they are accessory uses:

(a)

Wind facilities as an accessory use shall be limited to one monopole.

(b)

No wind tower shall be located on a property which is less than 10 acres in size and 500 feet in width.

(c)

A wind tower shall be set back a minimum distance of 150% of the system height.

(d)

No wind tower on a residential property shall be located between a building line and a public street.

(e)

No portion of the wind generator shall extend into any public road right-of-way.

(f)

A small wind energy system shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration.

(g)

The wind generator and the tower shall be a neutral color that is appropriate for its location and will allow the tower to be as unobtrusive as possible, unless otherwise required by the FAA.

[Added 10-29-2018 by Ord. No. 2018-05]

Location requirements. All bicycle parking facilities shall be:

Located to avoid pedestrian and vehicle conflicts.

Located outside of vehicle and pedestrian travelways.

Located within 50 feet of a building entrance.

Located on pavement or a similar hard surface.

Located such that stair access from the street or main point of access is not required.

Located at least four feet from building entrances, hydrants, curb ramps, utility and signage poles, dumpsters, and other similar impediments.

Bicycle storage. All bicycle storage facilities must provide secure anchoring for locking devices for the bicycle frame and wheels, such as, but not limited to, bicycle lockers, post and loop racks, inverted "U" racks or "A-style" racks.

Minimum number of spaces.

Residential uses with four or more units: one bicycle parking space per two units.

Nonresidential uses: one bicycle parking space per 10 vehicle parking spaces.

[Ord. No. 12/29/75 A.V § 5.1; amended by Ord. No. 2016-07; 4-19-2018 by Ord. No. 2018-01]

Unless elsewhere specified in the chapter, accessory buildings shall conform to the following regulations as to their locations on the lot:

Accessory buildings may occupy not more than 25% of the rear yard area in any residence zone and not more than 40% of the rear yard area in business or industrial zones. Such accessory buildings shall be included in computing the maximum percentage of the lot area which may be built upon in any zone.

Detached accessory buildings shall not be located in the front yard. Exceptions include the following:

Reverse frontage lots (lots with two approximately parallel street frontages and which have access from only one street): Along the property line of the street frontage which does not provide access, accessory buildings shall meet side yard setback requirements, or meet a minimum setback of 10 feet, whichever is greater. Accessory buildings on reverse frontage lots shall not be located within the front yard associated with the street that provides access.

An accessory building attached to any principal building shall be considered part of the principal building and shall meet all requirements for front, side or rear yards, other setbacks and height of the principal structure.

The maximum height of accessory buildings shall not exceed 15 feet with the exception of farm structures. The height of accessory farm structures shall not exceed 45 feet, except that the height of silos shall not exceed 65 feet.

The following side and rear yard setbacks for accessory buildings shall apply in every residential zoning district:

Accessory buildings 200 square feet or less:

Lot Area	Side and Rear Yard Setback
Less than 35,000 square feet	5 feet
35,000 to less than 60,000 square feet	10 feet
60,000 to less than 150,000 square feet	15 feet
150,000 square feet and greater	20 feet

Accessory buildings greater than 200 square feet:

Lot Area	Side and Rear Yard Setback
Less than 35,000 square feet	10 feet
35,000 to less than 60,000 square feet	20 feet
60,000 to less than 150,000 square feet	30 feet
150,000 square feet and greater	50 feet

Accessory buildings in nonresidential zone districts shall meet the setback standards for principal buildings.

[Ord. No. 1/31/77 A.VI § 6.1]

A use, building or structure existing at the time of the adoption of this chapter or amended thereto or supplement thereof, although such use or structure does not conform to the provisions thereof, may be continued except as otherwise provided in this section.

[Ord. No. 1/31/77 A.VI § 6.2]

No existing structure or premises devoted to a nonconforming use shall be enlarged, extended, reconstructed, substituted or structurally altered except as changed to a conforming use or when required to do so by law or order as follows:

Any nonconforming building, structure or use which has been destroyed by fire, explosion, flood, windstorm or other act of God or the public enemy shall be considered partially destroyed if the cost of restoration equals 1/2 or less than 1/2 of the estimated true value of the building as determined by the Tax Assessor and such building or structure or use may be rebuilt, restored or repaired. If the damage is greater than above outlined, the building or use shall be considered completely destroyed and shall not be rebuilt, restored or repaired unless in conformity to the building and use requirements of this chapter.

Normal maintenance, repairs and incidental alteration of a building containing a nonconforming use is permitted, provided it does not extend the area or volume of space occupying the nonconforming use, nor change the use to which the building is put. A building containing a residential, nonconforming use may be altered in any way to improve interior livability, provided that no structural alterations are made which would increase the number of dwelling units or the bulk of the building.

[Ord. No. 1/31/77 A.VI § 6.3]

A nonconforming use shall not be extended to displace a conforming use.

[Ord. No. 1/31/77 A.VI § 6.4]

A nonconforming use shall be considered to be abandoned if there occurs a cessation of the previous use or activity on the part of the owner or tenant for a period of one year from the date of cessation of use or activity, at which time such abandoned building, structure or premises shall not be put to a nonconforming use again.

[Ord. No. 1/31/77 A.VI § 6.5]

Any nonconforming building, structure or use which has been changed to a conforming use shall not be changed back again to a nonconforming use.

[Ord. No. 2006-11]

It is the purpose of this subsection to permit uses on nonconforming lots in existence as of the date of adoption of the RCD Ordinance amendment to continue to exist and change in accordance with ordinance provisions in effect as of the date of adoption of this ordinance amendment (July 20, 2006). Developments approved, but not built, as of the date of adoption of this ordinance amendment shall be permitted to be constructed and changed in accordance with ordinance provisions in effect as of the date of adoption of this ordinance amendment. The provisions of this section apply to structures and uses on lots made nonconforming in the following zoning districts:

R-7;

R-2;

R-1;

TC;

B-1; and

B-2.

Where an existing lot, building or use conforming to zoning as of July 20, 2006, has been made nonconforming as a result of an amendment to this chapter, a new dwelling unit or addition(s) to existing dwelling units or accessory buildings may be constructed on such lot, without an appeal to the Land Use Board, according to the area and bulk requirements in effect for the zoning district in which the property was designated at the time of adoption of this ordinance amendment (see the Township of Greenwich, Land Use and Zoning Ordinance General Summary and the Township of Greenwich, Schedule of Required Area and Dimensional Regulations for the R-7 Zone).

[Amended by Ord. No. 2014-02]

A farm building, lawfully existing as of July 20, 2006, shall be considered a conforming structure and may be continued and enlarged in accordance with the area, yard and setback requirements in effect as of July 20, 2006.

[Ord. No. 1/31/7 A. VII § 7.1]

The intent of this section is to permit, as a conditional use, the creation of single-family detached dwellings on smaller lots than would otherwise be permitted within certain districts for the purpose of creating open space in usable areas and quantities, preserving desirable natural features and tree cover, and encouraging high quality of lot layout, planning and land design which will stabilize and enhance the character of the district of which they are a part, and to preserve the health, welfare and safety of the entire community.

[Ord. No. 1/31/77 A.VII § 7.2]

The following special provisions shall be satisfied before an open space zoning conditional use shall be approved.

Total land area. The proposed open space zoning development shall have a minimum contiguous land area of 50 acres.

Subdivision and site plan approval. Subdivision and site plan approval shall be obtained in accordance with the Subdivision Ordinance and Site Plan Ordinance of the Township of Greenwich.

Sewers and water. No open space zoning development shall be approved unless sewerage and public water supply are available, and installation thereof guaranteed.

Underground utilities. The entire project shall be designed and constructed to provide full public utility services including municipal sewerage, water supply and stormwater drainage, as well as electric, telephone and, where desired CATV cables, all of which utility service systems shall be installed underground, except that in cases where the Land Use Board, because of soil conditions or other special physical site problems, shall determine that this requirement would be unreasonable or not feasible, the Land Use Board may waive the underground installation requirement as to one or more of such utility services.

[Amended by Ord. No. 2014-02]

Detached single-family dwellings. Only detached single-family homes may be constructed and occupied.

Open space. There shall be dedicated irrevocably for use as common open space within the development an area or areas shown on the site plan of the entire development and approved by the Land Use Board.

[Amended by Ord. No. 2014-02]

There shall be at least one contiguous parcel of common open space (having direct access to one or more public streets in at least two places, each with a frontage of at least 50 feet) having a minimum area of 10 acres or 10% of the total land area, but not less than three, of well drained, reasonably level land, suitable for recreational use, at least 50% of which shall be improved for recreational purposes as directed by the installation of facilities and or equipment such as, by way of illustration but not of limitation, swimming pools, tennis, handball or squash courts, play fields for team sports, children's playground equipment and similar improvements. None of such facilities shall be placed so that any part thereof is within 100 feet of any street or residential property line. Usable common open space shall be developed and improved in accordance with the declared proposals set out in the developer's approved site plan of the entire development in a manner and rate consistent with the development of the subdivision. The developer shall complete various stages or portions of the improved common open space and facilities to be constructed thereon, prior to final subdivision plat approval of any section or the open space zoning development.

Except as set forth herein, each unit of common open space shall contain an area of at least one acre, and shall have a reasonable access strip at least 25 feet in width with frontage on a street.

All land to be devoted to common open space shall be reasonably usable for the purpose proposed. Undrained swamp land or land with a slope in excess of 6%, or other peculiar topography characteristics which cannot be reasonably used for any recreational purpose shall not qualify for inclusion in common open space, nor shall any land be included unless reasonable provision is made by the developer for the drainage of surface waters therefrom to prevent erosion thereof or of abutting properties. Land subject to above ground storm drainage shall not be included in the minimum open space requirements. Land subject to aerial utility line easements shall not comprise more than 25% of the minimum open space requirements, provided that said easements are a minimum of 200 feet wide and any aerial lines therein are a minimum of 25 feet above finished grade.

All or part of such common open space may be offered for dedication to the Township, but the Township shall not be obligated to accept the same. All common open space not accepted by the Township shall be conveyed irrevocably to a duly incorporated property owners association (in which the owners of each lot in the open space zoning development shall be entitled to vote on the basis of lot ownership) which shall be responsible to properly maintain perpetually all of such common open space, pay all taxes assessed to the land constituting the same as well as any improvements thereon, and supervise all activities conducted thereon, it being understood that the municipality shall have no obligation whatsoever in connection with such common open space other than normal municipal services furnished to the public in general.

The deed of conveyance of such common open space to the property owners association shall contain a restrictive covenant limiting such land to the common use of the homeowners within the open space zoning development, for the purposes initially approved by the Land Use Board or such other purposes (not inconsistent with those initially approved) which the Land Use Board might subsequently approve at the request of the property owners association. Said deeds shall also contain a restriction that said lands may not be sold or disposed of by the association, except to another organization formed to own and maintain said common open space, without first offering to dedicate the land to the municipality or if the municipality does not accept, another government agency.

Prior to the sale of any lots within the open space zoning development, the developer shall execute and record a declaration of covenants and restrictions (after approval thereof by the attorney for the Land Use Board as to form, and by the Land Use Board as to adequacy) by the terms of which all lands within the open space zoning development, and the owners thereof, shall be at all times, bound to an annual assessment, according to an equitable formula, based upon lot ownership, to meet the expenses of maintaining the common open space and all facilities therein. Such declaration of covenants and restrictions shall contain clear, unequivocal provisions creating an enforceable lien in favor of the property owners association upon each and every lot within the development (regardless of whether or not a home shall have been constructed thereon, and whether or not the vacant lot shall have been sold by the developer) for any unpaid annual assessment by the property owners association. The declaration of covenants and restrictions shall also make the Township of Greenwich a party thereto, granting to the municipality express power to compel the association to perform its obligations relative to the maintenance of the common open space and all facilities thereon, and providing that, in case of default by the association, the municipality, subject to the giving of notice and hearings provided in N.J.S.A. 40:55D-43 to cause such work to be done as may be reasonably necessary to properly maintain such common land and facilities, and in addition the municipality, in the event of failure of the association to maintain the common open space in a reasonable condition, shall have the right, after notice and hearing as provided in N.J.S.A. 40:55D-43 to the said common open space from year to year, and to charge the cost thereof ratably against each and every lot in the development for its proportionate share. Such charge shall be a tax lien upon such properties payable with the taxes. The declaration shall also provide that each deed for each lot shall contain a specific covenant to run with the title to such lot, obligating the owner to promptly pay the annual assessments of the property owners association, and providing for a lien therefore upon the lot until paid.

Certified copies of the certificate of incorporation of the property owners association, its by-laws, the declaration of covenants and restrictions, the proposed form of deed with the covenants and restrictions therein to be contained, as well as any general declaration of restrictions, protective covenants and other documents to affect title and/or the implementation of the administration of the common open space within the open space zoning development shall be submitted to the Land Use Board for approval prior to the issuance of any certificate of occupancy, and filed with the Township Clerk prior to final plat approval of the first section of the open space zoning development by the Land Use Board. The Declaration of Covenants and Restrictions and any general declaration restricting the use, area, and yard requirements of the individual lots shall be recorded in the office of the County Clerk.

The implementation of an open space development shall be planned so as to coordinate the improvement of common open space and recreation uses and the construction of dwelling uses, so that development of each use shall proceed at the same rate or in the same proportion. To ensure compliance with this subsection, the Township engineer shall, prior to final plat approval of each section of the open space development, review said development and examine the construction which has taken place on the site. If he shall find that the development has not taken place in accordance with the approved site plan, then he shall report such fact to the Land Use Board which shall not approve the final plat.

[Amended by Ord. No. 2014-02]

[Ord. No. 1/31/77 A.VIII § 7.3]

Except as provided in this chapter, no building permit shall be issued for the construction of any dwelling house on any lot in an open space zoning development if it is substantially similar in exterior design and appearance to any neighboring dwelling then in existence, or for which a building permit has been issued or pending, on any lot, the nearest boundary of which is within 150 feet of the nearest boundary of the lot on which proposed dwelling is to be constructed.

Houses upon lots within such specified distance from each other shall be considered substantially similar in exterior design and appearance if they have any one or more of the following characteristics in common:

The same basic dimensions and floor plans without substantial differentiation of one or more exterior elevations.

The same basic dimension and floor plans without substantial change in orientation of the houses on the lots with reference to the front street.

The same basic height and design of the roofs without substantial change in design or exterior appearance.

The same basic size, type and location of windows and doorways in the front elevation, as well as the appearances and arrangement of the porches and garages thereon without substantial variation.

The same basic kind and color of materials used in the front elevation without substantial variation in design, character and appearance from auxiliary buildings. Developers are encouraged to use a variety of stone, brick, lateral and vertical siding and other exterior treatment of residences in order to afford independent characteristics thereto and differentiation from other dwellings in the same neighborhood.

In addition to the requirements set out in paragraphs 1 through 5 above, there shall be not less than eight individual basic house designs within each open space zoning development and each basic house design shall provide alternate roof elevations, window and door locations, placement of garages, and other similar features. Wherever feasible, not more than two houses of the same basic design shall be constructed along both sides of a common street in a single block.

To insure conformity with the provisions of these regulations and to thus increase and protect respective property values of the dwellings with an open space zoning development. No building permit shall be issued for the construction of any residence therein unless and until the full floor plan and elevations with a general description of the exterior appearance and front treatment of the said building shall have been exhibited to the zoning officer, together with a site plan showing its proposed location on the lot. Such plans, elevations, design and site plans shall be prepared by a licensed engineer or architect and shall be considered in the context of the immediate neighborhood to determine its compliance with the distance regulations herein provided, and its conformity with these regulations. If there is any controversy regarding such compliance, the applicant shall have a right to present the matter directly to the Greenwich Township Land Use Board, which Board may grant relief to the applicant, after hearing, when, in its opinion, such relief can be granted in a manner not detrimental to the public interest and provided such relief will not substantially impair the purpose of these regulations or otherwise impair the zoning plan.

[Amended by Ord. No. 2014-02]

[1]

Editor's Note: Former § 16-8, Garden Apartments (Ord. No. 1/31/77 A.VIII, as amended) was repealed 4-18-2019 by Ord. No. 107-2019.

[Ord. No. 12/29/75 A.X § 10.1]

Each residential dwelling unit shall provide for two off-street parking spaces. All other uses permitted by this chapter shall provide, as a minimum, the number of off-street parking spaces specified in Subsection 16-10.2. When computation of the number of required parking spaces based upon this schedule results in a fraction, such fraction shall be resolved to the next highest whole number.

[Ord. No. 1/31/77 A.X § 10.2; Ord. No. 1997-22]

Unless specifically noted, off-street parking spaces shall be provided in accordance with the following schedule.

Code	Requirements
A	One space for each 50 square feet of gross floor area.
B	One space for each 150 square feet of gross floor area.
C	One space for each 200 square feet of gross floor area.
D	One space for each 250 square feet of gross floor area.
E	One space for each 300 square feet of gross floor area.
F	One space for each 600 square feet of gross floor area.
G	One space for each 1,500 square feet lot area.

Use	Parking Spaces Required	Additional Requirements
Advertising Agencies	E
Alcoholic Beverage Retail Sales	D
Appliance Retail Sales	E
Art Galleries	E
Art or Ceramics School	D
Auditoriums	One space for every 3 seats
Auto Supplies, Parts & Accessories	E
Automotive Body & Paint Shops	C
Automotive Laundry or Car Wash	E	Plus 20 stacking spaces
Automotive Repair	C
Automotive Sales & Rentals (New or Used)	F	In addition to parking required for display
Banks	D	5 minimum + 5 stacking per drive-up window
Barber Shop	3 per chair
Beauty & Cosmetic Shop	5 per chair
Blueprinting & Photostating Sales & Service	C
Book, Periodicals, Newspaper Sales	C
Bowling Alleys	6 spaces per alley
Broadcasting Studios & Offices	E
Business & Factory Maintenance Facility	D
Business Offices	D
Business Services Office	E
Business School	C
Building Material Sales	G
Butcher Shop or Meat Market	C
Cafeterias	B
Carpet & Rug Retail Sales	F
Caterers	E
Churches/Temples	1 space/4 seats or 1 space/400 square feet gross floor area, whichever greater
Cleaner or Launderer	D
Clinic (Medical & Offices) (Out-Patient)	B
Clubs & Lodges	B
Cocktail Lounges	B
Costume Rental	D
Credit Union Office	D
Counter Service Food Establishments	A	5 minimum
Dairy Bars	A
Delivery Services	E
Dentists Office	C
Diners and Restaurants	B	Or 1 for every 3 seats, whichever is greater
Display Equipment Materials Sale	E
Doctor's Office	B	5 minimum
Drive-in Establishments (not specified herein)
Dance School	F
Eating & Drinking Establishments	B
Finance Companies	E
Florists (wholesale)	F
Food Products Retail Sales	B
Fraternal Organizations, Lodges and Other Private Clubs	B
Funeral Home or Mortuary	B
Furniture Sales & Warehousing	F
Gasoline Service Station	E
Garden & Landscape Supplies	G
Garden Apartments & Multi-Family Structures	1.5 spaces per dwelling unit + 0.5 spaces per bedroom
General Office Buildings	C
Grocery	B
Hardware, Retail Sales	C
Heating & Plumbing Supplies Sales & Installation	E
Hi-Fi, Radio & TV Sales & Repair	C
Home Improvement Supplies	D
Home Occupation or Home Professional Office	D
Hospitals	E
Ice Cream Shops	A
Indoor Theatre	1 for each 2 seats
Industrial Equipment Sales & Service	E
Industrial Establishments	"See manufacturing"
Interior Decorating Establishment	E
Laboratory & Research Facility	1 space for each 350 square feet of floor area
Laundry & Dry Cleaning (Self Service)	C
Lawn Maintenance Service Office	E
Leather Goods or Luggage Store	D
Library	E
Locksmith	E
Lumber Yard	G
Luncheonette	B
Major Appliance Sales	F
Management Consultants Offices	E
Manufacturing Establishments	1 space for each employee maximum work shift or 1 space for each 500 square feet of gross floor area, whichever is greater
Medical Clinics & Offices (Out-Patient)	B
Monument & Tombstone Sales	G
Motels or Hotel	1 car for each unit 1 for each employee
Music School	E
Nurseries	F
Nursery & Supply Sales (Retail)	E
Nursery Schools	3 per classroom
Office Fixtures & Furnishings Sales & Equipment	F
Office, Business & Professional	C
Office, General	C
Office, Services	C
One and Two Family Dwellings	2 spaces/dwelling unit
Optometrist's Office	C
Physician's Office	B
Professional Offices other than Medical	D
Professional Schools	D
Public Service Offices	C
Public Utilities Offices	C
Photographic Studio	D
Physical Culture or Health Establishment	D
Post Office	C
Printing Establishments	E
Public Facilities	E
Reducing Salon	D
Refreshment Stands	A
Retail Sales (except as specifically listed)	C
Sandwich Shop	B
Schools (other than mentioned)	E
Snack Bar	A
Seed & Garden Supplies	E
Shoe & Hat Repair	D
Social Service Organization Offices	E
Swim Clubs	G
Swimming Pools & Related Equipment Sales	G
Taverns & Inns	B
Telephone Answering Service Office	E
Tire Shops	E
Trailer & Mobile Homes Sales & Rentals	G
Taxicab Dispatch Office	E	+1 per taxicab
Telephone & Telegraph Office	E
Television, Radio & Phonograph Sales	e
Travel Bureau Office	D
Trucks & Truck Body Sales	G
Truck Terminals	1 each employee
Veterinary Hospitals & Kennels	D
Warehousing	1.5 space for each employee on the maximum work shift or 1 space for each 860 square feet of gross floor area

Uses related or similar to one of the aforementioned uses shall provide adequate off-street parking in accordance with the aforementioned standards. For any uses not listed, the minimum off-street requirements is listed in Code C of this subsection.

[Ord. No. 12/29/75 A.X § 10.3]

In all zones, for every building or part thereof hereafter erected, which is to be occupied by manufacturing, storage, goods display, retail store, wholesale store or warehouse, market, hospital laundry, dry cleaning or other use similarly requiring the receipt or distribution in vehicles of materials or merchandise, there shall be provided and maintained on the same premises with such building at least one off-street loading space independent of required off-street parking area with access to a street.

Each loading space shall be at least 10 feet in width, 40 feet in length and have a fourteen-foot clearance above grade.

Such space may occupy all or part of the required side or rear yard only.

[Ord. No. 12/29/75 A.X § 10.4; amended by Ord. No. 1999-1; Ord. No. 2014-02]

No building permit or certificate of occupancy shall be issued by the building inspector for any construction or alteration of a building, the use of land or change in use in a nonresidential zone, until a site plan shall have been submitted to the Land Use Board as provided by ordinance and the Land Use Board shall have ascertained that all of the following requirements will be complied with:

All off-street parking areas shall be surfaced with an asphalt, bituminous or cement binder pavement which shall be graded and drained to dispose of all surface water as approved by the Township Engineer.

All lighting in connection with building exteriors, walks and off-street parking shall be so arranged and shielded as to reflect the light downward away from all adjoining and nearby residence buildings, residence zones and streets.

In addition to required parking lot planting as designated in Subsection 16-10.4h below, the off-street parking area shall be effectively screened on any side which adjoins or faces premises situated in any residential zone by a screening consisting of an evergreen hedge of sufficient height and density as to obscure the view of such parking, using plant materials approved by the Land Use Board; provided, however, that a decorative fence or wall not less than four feet nor more than six feet in height, maintained in good condition, may be substituted if approved by the Land Use Board. The Land Use Board shall not approve a hedge of less than three feet in height measured at the time of planting. At the discretion of the reviewing Board, these additional plantings may be waived where such parking is screened by a frontage buffer or transition buffer provided pursuant to Subsection 16-4.14.

No part of any off-street parking area shall extend into any required front yard more than the front yard setback requirement of the zone in which it is situated unless specifically permitted in the respective zone.

All off-street parking areas shall be used solely for the parking of motor vehicles and no commercial repair work or service of any kind shall be conducted on such parking lot. No sign, other than entrance, exit, ownership, and condition of use signs, shall be maintained.

Off-street parking facilities, as accessory to any use permitted in a residence zone, shall be provided on the same lot with the permitted principal building.

Off-street parking facilities required by the provisions of this chapter shall be provided on the same lot with the permitted principal building, except that in the B-1 and MXD Zones, parking may be provided on an adjacent and contiguous property where preexisting undersized lot conditions prevent all parking from being accomplished on site and where the Land Use Board finds that no reasonable alternative to such parking exists. In addition, loading and unloading spaces shall be prohibited in the area between the front building line and the street. Not more than 25% of required nonresidential parking shall be located between the front building line and the street except as permitted below:

There shall be no restriction of such parking where a transition buffer or frontage buffer is provided between the parking and the street in accordance with subsections 16-4.14b and 16-4.14d.1.

To the extent possible, parking areas should be located within side or rear yards. Where the Board finds that the 25% limitation of parking location as indicated is impractical or unworkable due to particular site conditions, parking may be located in between the front building line and street, provided that all other chapter requirements are met. In such cases, additional landscaping may be required by the Board to further mitigate the view of front yard parking.

Parking lot landscaping.

Except for detached single-family dwelling units, a screen planting, berm, fence, wall or combination thereof, no less than three feet in height, shall be provided between the off-street parking areas (including drive-through lanes and interior drives running parallel to other roads) and any lot line or street line except where a building intervenes or where such area is screened behind a transition or frontage buffer provided pursuant to Subsection 16-4.14. When adjoining or facing premises situated in any residential zone, additional planting may be required to obscure the view of such parking pursuant to Subsection 16-10.4c, except where this intent is met with a required transition or frontage buffer.

Parking lot street frontage screening and perimeter screening shall be a minimum of five feet wide. Shrubs used for screening shall be planted in a double row. At the discretion of the reviewing Board, these plantings may be waived where such parking is screened by a frontage buffer or transition buffer provided pursuant to Subsection 16-4.14.

All loading areas shall be landscaped and screened sufficiently to obscure the view of trucks, loading platforms and loading activities from any lot line or street line throughout the year. Such screening shall be an extension of the building, fence, berm, wall, planting or combination thereof and shall not be less than six feet in height. At the discretion of the reviewing Board, these plantings may be waived where such parking is screened by a frontage buffer or transition buffer provided pursuant to Subsection 16-4.14.

In parking lots, at least 5% of the total square footage of interior parking area, including accessways, shall be landscaped with shrub plantings no higher than three feet. Such landscaped areas shall be distributed throughout the parking area in order to break the view of parking cars in a manner not impairing visibility. The landscaping should be located in protected areas such as along walkways, in center islands or at the end of bays. In parking lots containing more than 100 vehicles, at least 8% of the interior parking area shall be landscaped with shrubs.

Interior parking lot landscaping, as noted above, shall not be required for parking lots with 20 or less parking spaces.

One shade tree measuring a minimum of 2 1/2 inch to three-inch caliper shall be provided for every four parking spaces in the vicinity of the parking lot and within planting islands. The preservation or relocation of existing trees is encouraged to meet this requirement. This provision excludes trees required for landscape buffers or street tree planting.

Curbed planting islands of nine feet in width shall be placed at the end of each row of parking spaces along an internal traffic aisle.

A maximum of 20 parking spaces shall be permitted in a row without a curbed planting island of nine feet in width. At the Board's discretion, seven-foot by seven-foot curbed planting diamonds containing shade trees may be considered if overall effect exceeds that which would be created by standard planting islands.

Parking lots in excess of 100 vehicles shall, where practical, be subdivided into modules of not more than 60 spaces, utilizing continuous curbed planting islands of a minimum ten-foot width located perpendicular to the parking stalls.

10.

Landscaping within parking lots shall not obstruct the view of approaching vehicles. Shrubs within sight lines shall not exceed a mature height of three feet and trees shall not contain branches lower than seven feet in height as measured from the curbline.

11.

Parking areas shall be screened from interior drives using evergreen, deciduous and flowering trees and shrubs to create a continuous landscape strip. Pedestrian walkways shall be integrated within these strips where determined necessary by the Land Use Board.

12.

Interior parking and landscaping shall, insofar as possible be used to delineate and guide major traffic movement within the parking area so as to prevent cross-space driving wherever possible. A portion of the landscaping for interior parking spaces, not to exceed 40% of the total requirement, may be relocated so as to emphasize corridors or spatial landscaped areas within the general parking area, if helpful in achieving better traffic patterns or use, or in achieving greater overall aesthetic effect.

13.

Parking structures shall receive landscape treatment which softens the bulk and scale of the structures and screens the ground level cars from public rights-of-way and buildings. Deck level planting shall be treated similarly to a parking lot on grade.

Any owner or group of owners of a business building or buildings may jointly sponsor off-street parking facilities, provided that the area of the parking facilities equals the total parking area requirement of each owner participating therein, and further provided that such jointly sponsored facilities comply with all the other requirements of this chapter. In addition, all entrances and exits shall be recorded as permanent easements or rights-of-way and deeded to the Township.

Those portions of the property which are not used for off-street parking or landscaped in accordance with the requirements of Subsection 16-10.4h shall be attractively planted with trees, shrubs, plants in size and number, and grass lawns as may be required by the Land Use Board. Special plantings or fences as may be required by the Land Use Board in addition to those required in Subsection 16-10.4h shall be provided along the zone boundary lines so that parking areas shall not be visible from the adjoining or adjacent residential properties, where the required plantings in Subsection 16-10.4h are not sufficient to meet this purpose. All portions of the property which are landscaped shall be adequately maintained by the owner, keeping all plantings alive and healthy or replaced. See also Subsection 16-10.4r below.

The entire perimeter of all parking areas and the edges of all entrances and exits shall be enclosed with a granite block or concrete curbing at least six inches above the paving surface and shall meet the requirements of the New Jersey Department of Transportation standard specifications. Curbing shall not be less than five feet from any fences or screening, nor less than five feet from any building. Where minimum distances from parking area to property lines, to buildings and to zone boundary lines as set forth in required conditions under the particular zone regulations, differ from five feet, the curbing shall be at the distance prescribed under the particular zone's required conditions.

All parking areas shall be designed with service aisles to meet the following standards:

Parallel - to thirty-degree-angle parking — twelve-foot aisle width.

Thirty-one-degree to forty-five-degree-angle parking — fourteen-foot aisle width.

Forty-six-degree to sixty-degree-angle parking — eighteen-foot aisle width.

Sixty-one-degree to ninety-degree-angle parking and access drives — twenty-four-foot aisle widths.

Only one-way traffic circulation shall be permitted in 12, 14 and 18 foot aisle widths.

Each parking space shall have a rectangular area of at least 200 square feet, exclusive of access drives or aisles, at least 10 feet in width and 20 feet in length.

Lines showing the proper width and depth of parking spaces as required by this chapter shall be painted on the parking surface and shall be maintained at all times. These parking space markings shall be double-sided between spaces with lines 18 inches on center. Lines shall be four inches wide. Markings for designated handicapped parking spaces shall be in accordance with applicable provisions of the Americans with Disabilities Act of 1990.

All new uses or expansion of existing uses in nonresidential zones shall be required to provide curbs, sidewalks and shade trees within the street right-of-way. All such facilities shall be installed in accordance with Township specifications.

The amount of off-street parking area to be paved may be reduced by the Land Use Board if it can be clearly demonstrated by the applicant that such additional parking area is not necessary; provided, however, that the entire amount of such unpaved parking area must at all times be kept attractively landscaped and available for parking in the event that future conditions should so require. In the event that any factors relied upon by the applicant for a reduction of the paved parking area shall change to such an extent, as determined by the Land Use Board, to require an addition to the paved parking area, the Land Use Board shall order such increase as it deems necessary after giving the applicant a reasonable opportunity to be heard thereon. No such increase so ordered shall be in excess of the requirements of this chapter.

No certificate of occupancy shall be issued unless, at time of completion, said off-street parking area fully complies with all of the Land Use Board's requirements, as certified in writing by the Land Use Board.

Parking areas for the physically handicapped shall be provided in accordance with the requirements of the Americans with Disabilities Act of 1990. Designated handicapped parking spaces shall be located on the shortest route of travel from adjacent parking to an accessible entrance.

Maintenance of off-street parking and loading areas.

Every parcel of land hereafter used as a public or private off-street parking or loading area shall be maintained in good condition, free of hazards and deterioration. All pavement areas, sidewalks, curbs, drainage facilities, lighting, bumpers, guardrails, markings, signs, bicycle parking devices, landscaping and other improvements shall be maintained in workable, safe and good conditions. Said maintenance shall be the subject of a developer's agreement which shall be part of the requirement for the grant of any nonresidential preliminary approval.

The governing body may authorize repairs for such improvements if, after proper notice, the owner falls to maintain such improvements and/or such conditions constitute a hazard to health and safety or where such improvements are governed by a development or other similar agreement which are described in subsections 14-3.6c.2 and 15-8.9c.2.

Where pedestrians must cross service roads or access roads to reach parking areas, crosswalks should be clearly designated by pavement markings and be in accordance with applicable provisions of the Americans with Disabilities Act of 1990.

In business districts, provision for pedestrian access between adjoining commercial lots should be encouraged.

All parking and loading spaces and driveways shall be so arranged that cars and trucks may be turned on the lot so that it is not necessary to back into any street.

[1]

Editor's Note: Prior ordinance history includes portions of Ordinance No. 1999-1.

[Ord. No. 2008-08 § 1]

This section shall be known as the "Sign Regulations of the Township of Greenwich, Warren County, New Jersey."

[Ord. No. 2008-08 § 1]

It is the purpose of this section to promote the public health, safety and general welfare through reasonable, consistent and non-discriminatory sign standards. The sign regulations in this section are not intended to censor speech or to regulate viewpoints, but instead are intended to regulate the secondary effects of speech and especially insofar as those secondary effects may adversely affect aesthetics and traffic and pedestrian safety. In order to preserve and enhance the Township as a desirable community in which to live and do business, a pleasing, visually attractive environment is of foremost importance. The regulation of signs within the Township is a highly contributive means by which to achieve this desired end. These sign regulations have been prepared with the intent of enhancing the visual environment of the Township and promoting its continued well-being, and are intended to:

Encourage the effective use of signs as a means of communications in the Township;

Maintain and enhance the aesthetic environment;

Improve pedestrian and traffic safety;

Minimize the possible adverse affect of signs on nearby public and private property;

Foster the integration of signage with architectural and landscape designs;

Lessen the visual clutter that may otherwise be caused by the proliferation, improper placement, illumination, animation, excessive height, and excessive size (area) of signs which compete for the attention of pedestrian and vehicular traffic;

Allow signs that are compatible with their surroundings and aid orientation, while precluding the placement of signs that contribute to sign clutter or that conceal or obstruct adjacent land uses or signs;

Encourage and allow signs that are appropriate to the zoning district in which they are located and consistent with the category of use and function to which they pertain;

Curtail the size and number of signs and sign messages to the minimum reasonably necessary to identify a residential or business location and the nature of any such business;

Establish sign size in relationship to the scale of the lot and building on which the sign is to be placed or to which it pertains;

Categorize signs based upon the function that they serve and tailor the regulation of signs based upon their function;

Preclude signs from conflicting with the principal permitted use of the site and adjoining sites;

Regulate signs in a manner so as to not interfere with, obstruct the vision of or distract motorists, bicyclists or pedestrians;

Except to the extent expressly preempted by state or federal law, ensure that signs are constructed, installed and maintained in a safe and satisfactory manner, and protect the public from unsafe signs;

Preserve, conserve, protect, and enhance the aesthetic quality and scenic beauty of all districts of the Township;

Allow for traffic control devices consistent with national standards and whose purpose is to promote highway safety and efficiency by providing for the orderly movement of road users on streets and highways, and that notify road users of regulations and provide warning and guidance needed for the safe, uniform and efficient operation of all elements of the traffic stream;

Protect property values by precluding to the maximum extent possible sign-types that create a nuisance to the occupancy or use of other properties as a result of their size, height, illumination, brightness, or movement;

Protect property values by ensuring that sign-types, as well as the number of signs, are in harmony with buildings, neighborhoods, and conforming signs in the area;

Regulate the appearance and design of signs in a manner that promotes and enhances the beautification of the Township and that complements the natural surroundings;

Preserve and enhance the rural and historic character and scenic vistas of the Township; and

Enable the fair and consistent enforcement of these sign regulations.

[Ord. No. 2008-08 § 1]

All words used in this section shall carry their customary dictionary meanings, except that the following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

ABANDONED OR DISCONTINUED SIGN OR SIGN STRUCTURE

A sign or sign structure is considered abandoned or discontinued when its owner fails to operate or maintain a sign for a period of six months or longer. The following conditions shall be considered as the failure to operate or maintain a sign: (i) a sign displaying advertising for a product or service which is no longer available or displaying advertising for a business which is no longer licensed, or (ii) a sign which is blank.

ADVERTISING

Sign copy intended to aid, directly or indirectly, in the sale, use or promotion of a product, commodity, service, activity, entertainment, or real or personal property.

AGRICULTURAL IDENTIFICATION SIGN

A sign in a district with a permitted agricultural use and whose function is exclusively for identifying a farm or other property in agricultural use.

AGRICULTURAL PRODUCE SIGN

A sign in a district with a permitted agricultural use and whose function is exclusively for advertising for the normal, incidental and customary sale of products, produce or livestock raised on the premises.

ANIMATED SIGN

A sign which includes action, motion, or color changes, or the optical illusion of action, motion, or color changes, including signs set in motion by movement of the atmosphere, or made up of a series of sections that turn.

ARTWORK

A two- or three-dimensional representation of a creative idea that is expressed in a form and manner as to provide aesthetic enjoyment for the viewer rather than to specifically convey the name of the business or a commercial message about the products or services offered on the property upon which the artwork is displayed.

AWNING SIGN

See Canopy Sign.

B-1 STEWARTSVILLE DISTRICT

The B-1 District located in the Village of Stewartsville, i.e., that entire B-1 District that includes the intersection of County Road 637 and County Road 638.

BANDIT SIGN

See Snipe Sign.

BANNER

Any sign or string of one or more signs, usually made of cloth or other lightweight material, which is used to attract attention, whether or not imprinted with words or characters, including but not limited to balloons and pennants. Flags shall not be considered banners.

BEACON

A stationary or revolving light which flashes or projects illumination, single color or multicolored, in any manner which has the effect of attracting or diverting attention, except, however, this term does not include any kind of lighting device which is required or necessary under the safety regulations of the Federal Aviation Administration or other similar agency. This definition does apply to any similar type of lighting device contained entirely within a structure and which does not project light to the exterior of the structure.

BILLBOARD

A sign structure and/or sign utilized for advertising an establishment, an activity, a product, service or entertainment, which is sold, produced, manufactured, available or furnished at a place other than on the property on which said sign structure and/or sign is located. The term billboard includes a commercial off-premises or off-site sign.

BUILDING FRONTAGE

The length of the single face of a building or that portion of a building occupied by a single office, business or enterprise, commonly referred to as "store-front," which is abutting a street, parking area, or other means of customer access such as an arcade, a mall or a walkway. The building frontage for a side facade shall be the length of the single face of a side of a building or that portion of a side of a building occupied by a single office, business or enterprise.

CANOPY SIGN

Any sign that is a part of or attached to an awning or canopy, i.e., a fabric, plastic, or structural protective cover constructed over a door, entrance, window, or outdoor service area that is constructed as an integral part of a building.

CODE

The Revised General Ordinances of the Township of Greenwich.

COMMERCIAL MESSAGE

Any sign wording, logo, or other representation or image that directly or indirectly names, advertises, or calls attention to a product, service, sale or sales event or other commercial activity.

CONSTRUCTION SIGN

A temporary on-premises sign identifying the ongoing construction activity during the time that a building permit is active and prior to completion of the work for which the permit was issued, containing sign copy that is limited to the ongoing construction activity and identifying the contractor and/or any subcontractor engaged to perform construction activity on the site.

COPY

The linguistic or graphic content of a sign.

DOUBLE-FACED SIGN

A single sign with items of information on both sides of the sign and mounted as a single structure.

ELECTION SIGN

A temporary sign erected or displayed for the purpose of expressing support for or opposition to a candidate or stating a position regarding an issue upon which the voters of the Township shall vote.

ERECT

To construct, build, raise, assemble, place, affix, attach, create, paint, draw, or in any other way bring into being or establish; but it does not include any of the foregoing activities when performed as an incident to the change of advertising message or customary maintenance or repair of a sign.

FACADE

The side of a building, either front or side; and a building facade may be less than the entire side of a building if limited to the occupancy of a portion of a building.

FLAG

Any fabric, or bunting containing distinct colors, patterns or symbols, used as an ornamental flag or as a symbol of government, political subdivision, corporation or business or other entity. (See also Ornamental Flag.)

FLAGPOLE

A pole on which to raise a flag.

FLASHING SIGN

A sign which permits light to be turned on or off intermittently more frequently than once per minute or any illuminated sign on which such illumination is not kept stationary or constant in intensity and color at all times when such sign is in use, including an LED (light emitting diode) or digital sign and changes more frequently than once per minute.

FREE EXPRESSION SIGN

A sign, not in excess of three square feet in size (area) per side and the top of the sign is not more than six feet off the ground, communicating information or views on matters of public policy concern or containing any other noncommercial message, that is otherwise lawful.

FREESTANDING MONUMENT SIGN

A freestanding sign whose ratio of width of sign to width of support is less than three to one.

FREESTANDING POLE SIGN

A freestanding sign whose ratio of width of sign to width of support is equal to or greater than three to one.

FREESTANDING SIGN

A sign supported by structures or supports that are placed on or anchored in the ground or at ground level and which are independent of any building or other structure. Unless otherwise limited or restricted, a freestanding sign may be either a freestanding monument sign or a freestanding pole sign.

FRONTAGE

The length of the property line of a parcel of land, which runs parallel with and along a road right-of-way or street, exclusive of alleyways.

FUTURE DEVELOPMENT SIGN

A sign that functions to advertise the future or proposed development of the premises upon which the sign is erected.

GARAGE OR YARD SALE SIGN (GARAGE-YARD SALE SIGN)

Any on-site temporary sign pertaining to the sale of personal property in, at or upon any residentially-zoned property located in the Township. Garage or yard sales shall include but not be limited to all such sales, and shall include the advertising of the holding of any such sale, or the offering to make any sale, whether made under any name such as garage sale, lawn sale, yard sale, front yard sale, back yard sale, home sale, attic sale, rummage sale, patio sale, flea market sale, or any similar designation.

GRAND OPENING SIGN

An on-premises temporary sign that functions to announce the opening of a new business, that does not exceed 24 square feet in sign area and that is not displayed for longer than 30 days before the opening date for the new business and for not longer than seven days after the opening date of the new business.

GROUND LEVEL

The finished grade of a parcel of land exclusive of any filling, berming or mounding.

HEIGHT

Vertical distance measured from ground level nearest the base of the sign to the highest point on the sign.

HOLIDAY AND SEASONAL DECORATIONS

Decorations that pertain to legal or other recognized holidays or to a season of the year.

ILLEGAL SIGN

Any sign, which has been determined to be in violation of any provision of this § 16-11, and/or any sign that was unlawfully erected under the law then in effect and which does not conform to this § 16-11.

ILLUMINATED SIGN

Any sign or portion thereof, which is illuminated by artificial light, either from an interior or exterior source, including outline, reflective or phosphorescent light, whether or not the source of light is directly affixed as part of the sign.

INCIDENTAL SIGN

A sign not exceeding one square foot in size attached to a freestanding sign or affixed to a wall, that either (a) identifies credit cards accepted by the owner, tenant, or occupant of the parcel where the incidental sign is located, or (b) provides an official notice of services required by law or trade affiliation.

INTERMITTENT SIGN

A sign which permits light to be turned on or off intermittently more frequently than once every 12 hours or which is operated in a way whereby light is turned on or off intermittently more frequently than once every 12 hours, including any illuminated sign on which such illumination is not kept stationary or constant in intensity and color at all times when such sign is in use, including an LED (light emitting diode) or digital sign, and which varies in intensity or color more frequently than once every 12 hours.

LOT

See definition of Parcel.

MACHINERY OR EQUIPMENT SIGN

Signs incorporated into machinery or equipment by a manufacturer or distributor, that function only to identify or advertise the product or service dispensed by the machine or equipment, such as signs customarily affixed to vending machines, newspaper racks, telephone booths, and gasoline pumps.

MAINTENANCE

Replacing, repairing or repainting of a portion of a sign structure, or periodically changing changeable copy or renewing copy, which has been made unusable by ordinary wear.

MARQUEE

Any permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building, generally designed and constructed to provide protection from the weather.

MARQUEE SIGN

Any sign attached to a marquee.

MEMORIAL SIGN OR TABLET

A sign that functions to bear the name of a building and/or the date of erection or construction of a building, which forms a part of the building and is not greater than three square feet, such as a cornerstone or building plaque.

NAMEPLATE SIGN OR OCCUPANT IDENTIFICATION SIGN

A sign indicating the name and/or profession or address of a person or persons residing on the premises or legally occupying the premises.

NONCOMMERCIAL MESSAGE

Any message which is not a commercial message.

NONCOMMERCIAL ON-SITE DIRECTIONAL SIGN

An on-site sign providing direction or information to pedestrian or vehicular traffic that is related or reasonably necessary to the movement of pedestrian or vehicular traffic on the premises, and not displaying a commercial message (e.g., "entrance," "exit," "caution," "no parking," "one-way only," "no trespassing," and the like).

NONCONFORMING SIGN

A sign which does not conform to the regulations provided in this § 16-11.

OFF-PREMISES SIGN or OFF-SITE SIGN

Any advertising sign relating in its subject matter to commodities, accommodations, services or activities on a premises other than the premises on which the sign is located.

ON-PREMISES SIGN or ON-SITE SIGN

Any sign relating in its subject matter to the commodities, accommodations, service or activities on the premises on which the sign is located.

ORNAMENTAL FLAG

Any fabric or similar material containing patterns, drawings or symbols used for decorative purposes and designed to be flown as a flag.

PARAPET

A false front or wall extension above the roofline of a building.

PARCEL

Land which has been or which is proposed to be used, developed, or built upon as a unit under single ownership.

PENNANT

Any series of small flag-like or streamer-like pieces of cloth, plastic, paper or similar material attached in a row to any staff, cord, building, or at only one or two edges, the remainder hanging loosely.

PERMANENT SIGN

Any sign which, when installed, is intended for permanent use. For the purposes of this section any sign with an intended use in excess of 12 months from the date of installation shall be deemed a permanent sign.

PORTABLE SIGN

Any sign, banner, or poster that is not permanently attached to the ground or structure. For purposes of this section, a cold air inflatable sign shall be considered a portable sign.

PREMISES

Any property owned, leased or controlled by the person actively engaged in business at that location.

PRINCIPAL USE

The use which constitutes the primary activity, function or purpose to which a parcel of land or a building is put.

PROJECTING SIGN

Any sign affixed perpendicularly to a building or wall in such a manner that its leading edge extends more than 10 inches beyond the surface of such building or wall.

REAL ESTATE SIGN

A sign advertising the sale, rental or lease of the premises or part of the premises on which the sign is displayed temporarily.

REVOLVING SIGN or ROTATING SIGN

Any sign that revolves or rotates.

ROOF SIGN

Any sign erected and constructed wholly on or over the roof of a building, which is supported by the roof structure, or any sign that extends in whole or in part above the roofline of a building.

ROOFLINE

The highest continuous horizontal line of a roof. On a sloping roof, the roofline is the principal ridgeline or the highest line common to one or more principal slopes of a roof. On a flat roof, the roofline is the highest continuous line of a roof or parapet, whichever is higher.

SAFETY SIGN

See Warning Sign.

SANDWICH BOARD SIGN

A temporary portable double-faced, freestanding sign.

SIGHT VISIBILITY TRIANGLE

A triangular shaped portion of land established at street intersections or street and driveway intersections in which nothing is erected, or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection. For street intersections, this triangle is measured 30 feet in length from the intersection along the abutting right-of-way lines to form a triangle, although these distances may vary based on the type of intersecting road; and for driveway intersections, this triangle is measured 10 feet from the intersection along the right-of-way line and along the driveway line to form a triangle.

SIGN

Any device, fixture, placard or structure which uses color, form, graphics, illumination, architectural style or design with text, or writing to advertise, attract attention, announce the purpose of or identify the purpose of any person or entity, or to communicate information of any kind to the public. The term "sign" includes sign structure. The following shall not be considered signs subject to the regulations of this section: artwork, holiday or seasonal decorations, cemetery markers, machinery or equipment signs, memorial signs or tablets.

SIGN AREA

The total square foot area of a sign surface, including all parts thereof devoted to the background, computed by bounding the exterior of the sign structure or surface with a series of straight or curved lines tangent thereto (see illustrative examples referenced in Subsection 16-11.4). The area of a sign painted directly on a wall, canopy or awning and signs with letters attached directly to walls, canopies, or awnings shall be calculated by constructing an imaginary series of straight lines or lines formed, bounded or characterized by curves around the outside of all elements of the sign.

SIGN FACE

The part of the sign that is or can be used to identify, display, advertise, communicate information, or for the visual representation, which attracts or intends to attract the attention of the public for any purpose.

SIGN REGULATIONS

This § 16-11, known as the "Sign Regulations of the Township of Greenwich, Warren County, New Jersey."

SIGN STRUCTURE

Any structure which is designed specifically for the purpose of supporting a sign, which has supports or which is capable of supporting a sign. The definition shall include any decorative covers, braces, wires, supports, or other components attached to or placed around the sign structure.

SNIPE SIGN (BANDIT SIGN)

Any sign tacked, nailed, posted, pasted, glued or otherwise attached to trees, rocks, or other natural features, or poles, stakes, or fences, with the message appearing thereon not applicable to the present use of the premises upon which the sign is located.

SPECIAL EVENT SIGN

A content-neutral sign providing notice of, or direction to, an event, gathering, assembly or meeting that is open to the public at large.

STATUTORY SIGN

A sign required by any statute or regulation of the State of New Jersey or the United States.

STREET ADDRESS SIGN

Any sign denoting the street address of the premises on which it is attached or located.

SUBDIVISION MONUMENT IDENTIFICATION SIGN

A monument sign, which contains only the name of a platted subdivision or other residential development. A subdivision monument identification sign at a platted subdivision or neighborhood entrance shall not be considered a billboard.

SUBSTANTIALLY DAMAGED or DESTROYED

As it pertains to a nonconforming sign, shall mean that (a) 50% or more of the upright supports of a sign structure are physically damaged such that normal repair practices of the sign industry would call for, in the case of wooden structures, replacement of the broken supports and, in the case of a metal sign structure, replacement of at least 25% of the length above ground of each broken, bent, or twisted support, or (b) that more than 50% of a wall or attached sign is physically damaged such that normal repair practices of the sign industry would call for the same to be replaced or repaired.

TEMPORARY SIGN

A sign intended for a use not permanent in nature. For the purposes of this section, a sign with an intended use of one year or less shall be deemed a temporary sign.

TIME AND TEMPERATURE SIGN

A sign, which functions only to display the current time and temperature at intervals no more frequently than once per minute and which contains no other messages. Time and temperature signs are regulated within the zoning districts, if any, in which they are expressly allowed.

TOWNSHIP

The Township Committee of the Township of Greenwich, Warren County, New Jersey.

TRAFFIC CONTROL DEVICE SIGN

Any sign located within the right-of-way that functions as a traffic control device and that is described and identified in the Manual on Uniform Traffic Control Devices (MUTCD) and approved by the Federal Highway Administrator as the National Standard. A traffic control device sign includes those signs that are classified and defined by their function as regulatory signs (that give notice of traffic laws or regulations), warning signs (that give notice of a situation that might not readily be apparent), and guide signs (that show route designations, directions, distances, services, points of interest, and other geographical, recreational, or cultural information).

VEHICLE SIGN

Any sign or signs where the total sign area covers more than 10 square feet of the vehicle.

VISIBILITY TRIANGLE

See Sight Visibility Triangle.

WALL SIGN

A sign, which is painted on, fastened to, or erected against the wall of a building with its face in a parallel plane with the plane of the building facade or wall, that does not extend above the height of the vertical wall or eaves, which is used for advertising.

WARNING SIGN or SAFETY SIGN

A sign that functions to provide a warning of a dangerous condition or situation that might not be readily apparent or that poses a threat of serious injury (e.g., gas line, high voltage, condemned building, etc.) or that functions to provide a warning of a violation of law (e.g., no trespassing, no hunting allowed, etc.).

WIND SIGN

A sign, which uses objects or material fastened in such a manner as to move upon being subjected to pressure by wind, and shall include banners, pennants, ribbons, spinners, streamers or captive balloons; however, the term wind sign shall not include flags.

WINDOW SIGN

Any sign mounted in any fashion on the interior or exterior of the surface of a window.

[Ord. No. 2008-08 § 1]

Diagrams appended to the end of this section illustrate methods of measurement.

[Ord. No. 2008-08 § 1]

The following signs and sign-types are prohibited within the Township and shall not be erected. Any lawfully existing permanent sign or sign-type which is among the prohibited signs and sign-types listed below shall be deemed a nonconforming sign subject to the provisions of Subsection 16-11.6.

Billboards.

Revolving Signs.

Flashing Signs.

Animated Signs.

Wind Signs.

Portable Signs.

Roof Signs.

Abandoned and Discontinued Signs.

Snipe Signs; Bandit Signs.

Projecting Signs, Except as Expressly Allowed.

Bus Bench Advertising Signs; Bus Shelter Advertising Signs.

Signs that emit smoke, visible vapor or smoke, sound, odor, or visible particles or gaseous matter.

Signs that have unshielded illuminating devices.

Signs that obstruct, conceal, hide or otherwise obscure from view any official traffic or governmental sign, signal or device.

Wall signs that exceed 100 square feet in sign area.

Freestanding signs that are higher than 20 feet.

Signs within a sight visibility triangle that obstruct a clear view of pedestrian or vehicular traffic.

Signs in the public right-of-way, other than Traffic Control Device Signs, Warning Signs or Safety Signs.

Signs other than a Traffic Control Device Sign that use the word "stop" or "danger," or present or imply the need or requirement of stopping or the existence of danger, or which copy or imitate an official traffic control device signs, and which are adjacent to the right-of-way of any road, street, or highway.

Signs nailed, fastened or affixed to any tree.

Signs prohibited by state or federal law.

Vehicle sign or signs which have a total sign area on any vehicle in excess of 10 square feet, when the vehicle is not "regularly used in the conduct of the business or activity" advertised on the vehicle, and (a) is visible from a street right-of-way within 100 feet of the vehicle, and (b) is parked for more than two consecutive hours within 100 feet of any street right-of-way. A vehicle shall not be considered "regularly used in the conduct of the business or activity" if the vehicle is used primarily (i) for advertising, or (ii) for the purpose of advertising, or (iii) for the purpose of providing transportation for owners or employees of the business or activity advertised on the vehicle.

Signs located on real property without the permission of the property owner.

Beacons, except as required by federal or state law.

Intermittent signs.

Sandwich Board signs.

aa.

Signs located, painted or affixed on a water tower, storage tower, or cell tower that are visible from a public street or roadway.

[Ord. No. 2008-08 § 1]

A nonconforming sign that was lawfully erected may continue to be maintained until the nonconforming sign is substantially damaged or destroyed. At such time that the nonconforming sign is substantially damaged or destroyed, the nonconforming sign must either (a) be removed or (b) be brought into conformity with this section and with any other applicable law or regulation.

[Ord. No. 2008-08 § 1]

This section does not pertain to the following:

A sign, other than a window sign, located entirely inside the premises of a building or enclosed space.

A sign on a motor vehicle, other than a prohibited vehicle sign or signs.

A statutory sign.

A traffic control device sign.

Any sign not visible from a public street, sidewalk or right-of-way; except that the foregoing does not exempt a sign for a commercial use that is visible from an abutting residential use.

[Ord. No. 2008-08 § 1]

It shall be unlawful for any person or business or the person in charge of the business to erect, construct, or alter a permanent sign structure whose construction is subject to the New Jersey Uniform Construction Code, without first obtaining such building permit from the Township as may be required by the New Jersey Uniform Construction Code. Permit fees, if any, shall be paid in accordance with the applicable fee schedules. The requirement of a building permit under the New Jersey Uniform Construction Code is separate and independent of the requirement for a sign permit under this section.

[Ord. No. 2008-08 § 1]

Freestanding and wall signs may be illuminated unless stated otherwise in the specific zoning district regulations, provided the illumination is designed and installed in such a manner that light from the sign meets all requirements of this Code and the New Jersey Uniform Construction Code. The following standards shall apply:

Illumination of signs shall be by either indirect lighting or diffused-lighting, and shall not cause light spillage onto adjacent properties.

Lights used for the illumination of freestanding or wall signs shall be shielded so as not to project light above the freestanding sign or the highest elevation of the front wall of the building on which the wall sign is displayed or more than 18 feet above the ground level, whichever is less.

Free-form exposed neon lights for signs are prohibited.

The light intensity for the illumination of a sign visible from the public right-of-way shall not exceed fifty foot candles per square foot on a standard Weston photolight source, illuminated surface or display window.

Illumination shall be of a continuous (non-intermittent) nature and of a uniform color value.

Illumination of signs, where permitted, which face property with a residential use shall not be illuminated between the hours of 10:00 p.m. and 7:00 a.m., except that an establishment may keep the sign illuminated until the business is closed to the public but not thereafter.

Illumination of signs shall also comply with any stricter provisions that may be established by the Township Lighting Ordinance.

Illuminated signs, in addition to conforming to all other requirements of this section, shall be shielded in such a manner so that no direct source of light is cast into residential properties or into a public street or right-of-way. Illuminated signs shall not interfere with pedestrian or motorist vision. The illumination shall not be reflective or phosphorescent and shall perform in a steady nonfluctuating or nonundulating manner and shall be placed in a manner that will not create a nuisance to other premises or interfere with vehicular movements.

[Ord. No. 2008-08 § 1]

Notwithstanding anything contained in these sign regulations or this Code to the contrary, any sign erected pursuant to the provisions of these sign regulations or this Code with a commercial message may, at the option of the owner, contain a noncommercial message unrelated to the business located on the premises where the sign is erected. The noncommercial message may occupy the entire sign face or any portion thereof. The sign face may be changed from a commercial to a noncommercial message, or from one noncommercial message to another, as frequently as desired by the owner of the sign, provided that the sign is not a prohibited sign or sign-type and provided that the size, height, setback and other dimensional criteria contained in these sign regulations and this Code have been satisfied.

[Ord. No. 2008-08 § 1]

Notwithstanding anything in these sign regulations or this Code to the contrary, no sign or sign structure shall be subject to any limitation based upon the content (viewpoint) of the message contained on such sign or displayed on such sign structure.

[Ord. No. 2008-08 § 1]

Allowed temporary and allowed permanent signs of the type described in Subsection 16-11.25 shall be exempt from sign permitting hereunder.

No sign permit shall be issued for the erection of a prohibited sign.

Unless exempt from permitting, no permanent sign shall be erected, altered, relocated, maintained or displayed until a sign permit is obtained from and appropriate fee, if any, is paid to the Township.

A sign lawfully erected under permit may be repainted or have ordinary and customary repairs performed, including replacement of plastic or glass panels, without a new sign permit; however, if such sign is to be structurally altered in any manner, a new sign permit shall be required and the altered sign must meet all requirements of this section and this Code.

[Ord. No. 2008-08 § 1]

A sign permit application for a permanent sign shall be made upon a form provided by the Township. The sign permit application is in addition to any building permit application required by the New Jersey Uniform Construction Code. The sign permit application shall be accompanied by plans and specifications drawn to scale, together with any site plan required by this section or this Code. The applicant shall furnish the following information on or with the sign permit application form:

The legal description of the real property where the sign is proposed to be located.

The zoning district for the real property on which the sign will be located.

The name, mailing address and telephone number (where available) of the owner(s) of the real property where the sign is proposed to be located.

A notarized statement of authorization signed by the owner(s) consenting to the placement of the proposed sign on the real property.

The name, mailing address and telephone number of the sign contractor.

Type of proposed sign (e.g., wall sign or freestanding sign).

The square footage of the surface area of the proposed sign.

The value of the proposed sign.

If the proposed sign is a freestanding sign:

(a)

The height of the proposed freestanding sign.

(b)

The size (sign area) of the freestanding sign, and the dimensions utilized to calculate the size.

(c)

The setback to the sign from the nearest lot line.

(d)

The distance of the closest freestanding sign to the proposed freestanding sign.

(e)

Whether there is an existing freestanding sign on the same lot where the proposed freestanding sign will be located, and its distance as measured along the right-of-way.

(f)

The front and side yard setbacks for the proposed sign.

10.

If the proposed sign is an attached sign, the building frontage for the building to which the attached sign shall be affixed.

11.

The number, type, location, and surface area for all existing signs on the same lot and/or building on which the sign will be located.

12.

Whether the proposed sign will be an illuminated or nonilluminated sign.

An applicant shall deliver a sign permit application for a permanent sign to the Township's Zoning Officer or his or her designee, or such other person as may be designated by the Township. The sign permit application shall be reviewed for a determination of whether the proposed sign meets the applicable requirements of this section and any applicable zoning law. The review of the sign permit application shall be completed within 10 calendar days, and the application shall be granted or denied within that time frame. In the event that no decision is rendered within 10 calendar days following submission, the application shall be deemed denied and the applicant may appeal to the Land Use Board . Any appeal shall be heard and a decision rendered within the time frames specified in this section or otherwise set forth or provided for appeals.

[Amended by Ord. No. 2014-02]

[Ord. No. 2008-08 § 1]

Sign permit application fees. Every person making an application for a sign permit shall pay a $20 sign permit application fee to the Township at the time of the application.

Building permit fees distinguished. The sign permit fee, if any, shall be separate and apart from any required fee for a building permit for the erection of a sign covered by the New Jersey Uniform Construction Code.

Enforcement of this section. Nothing contained in this section shall be construed as prohibiting the Township from taking appropriate legal action, including the filing of legal proceedings in a court of competent jurisdiction, to enforce this section.

[Ord. No. 2008-08 § 1]

Duration of permit. If the work authorized under a sign permit has not been completed within six months after the date of issuance, the permit shall become null and void and a new application for a sign permit shall be required.

Maintenance of signs.

All visible portions of a sign and its supporting structure shall be maintained in a safe condition and neat appearance according to the following:

(a)

If the sign is lighted, all lights shall be maintained in working order and functioning in a safe manner.

(b)

If the sign is painted, the painted surface shall be kept in good condition.

(c)

Every sign shall be kept in such manner as to constitute a complete or whole sign.

Lawfully erected nonconforming signs may suffer only ordinary and customary repairs and maintenance. As provided in Subsection 16-11.12, a lawfully-erected nonconforming sign shall not be structurally altered except in full conformance with this section.

[Ord. No. 2008-08 § 1; amended by Ord. No. 2014-02]

Whenever it is alleged that there has been an error in any order, action, decision, determination, or requirement by an administrative official in the enforcement and application of any provision contained within these section regulations or any other provision of this Code pertaining to sign permits (including any allegation that an administrative official has failed to act within applicable time frames), the aggrieved party shall file a written appeal with the Land Use Board.

The written appeal shall be filed with the Land Use Board in accordance with § 16-11.

The Land Use Board shall hold a hearing within 45 days following receipt of the written appeal.

The Land Use Board shall render a written decision within 10 days following the hearing.

[Ord. No. 2008-08 § 1; amended by Ord. No. 2014-02]

The appellate decisions of the Land Use Board pursuant to Subsection 16-11.16, above, shall be deemed final, subject to judicial review as provided by law.

[Ord. No. 2008-08 § 1]

The Zoning Official shall be the enforcing official of this section, and enforcement shall be governed by this Code, including § 16-26 and § 16-27, except that imprisonment shall not be a penalty for a violation of this § 16-11. In addition, the following enforcement provisions shall apply:

Whenever a temporary sign is erected or maintained in violation of this § 16-11, the same may be removed by the Zoning Official at any time without notice.

Whenever a temporary sign is erected or posted on public property in violation of this § 16-11, the same shall be considered litter and may be removed at any time by any person.

Whenever permanent sign is erected or maintained in violation of this § 16-11 or this Code, the Zoning Official shall send a letter by certified mail to the owner of said sign and/or the owner of the premises on which the sign is located, ordering that such sign shall be brought into conformity with this § 16-11 and this Code within 30 days. If the sign is not brought into conformity or removed by the end of the thirty-day period, the Zoning Official may cause the same to be removed at the expense of the owner of the sign and the owner of the premises on which the sign is located.

In the event that any sign or sign structure is in violation of this § 16-11 or this Code, the Zoning Official may cause the same to be removed summarily and without written notice if it is an immediate peril to persons or property.

[Ord. No. 2008-08 § 1]

The boundaries of the various districts shown upon the official zoning map and the regulations of this Code governing the use of land and buildings and other matters set forth therein, as the same may be amended from time to time, are made part of this section. Except provided in this section, no sign shall be erected, enlarged, reconstructed or structurally altered which does not comply with all the district regulations established by this section for the zoning district in which it is located.

[Ord. No. 2008-08 § 1]

Freestanding signs, temporary and permanent, shall comply with the following setback and sight clearance standards.

Setback. Temporary and permanent freestanding signs shall be set back from any lot line by the greater of (i) at least 10 feet, or (ii) a distance equal to the height of the freestanding sign. Permanent freestanding signs shall be set back by a distance of at least 100 feet from any other permanent freestanding sign. Permanent freestanding signs on a corner lot shall be set back by a distance of at least 300 feet from any other permanent freestanding signs on the same lot, measured along the right-of-way.

Sight clearance. Freestanding signs shall have a minimum sight clearance from three feet above grade to eight feet above grade when located within 50 feet of any public right-of-way intersection or within 30 feet of any driveway or other point of ingress or egress.

[Ord. No. 2008-08 § 1]

Required setbacks for signs in all zoning districts shall be measured from the property line to the nearest part of the sign.

[Ord. No. 2008-08 § 1]

Double-faced signs shall be permitted in all zoning districts, provided the signs are designed and constructed such that the two sign faces are back to back with a minimum distance of 18 inches between the two sign faces and directionally oriented 180° from each other. The maximum sign area allowed shall be permitted for each sign face.

[Ord. No. 2008-08 § 1]

Freestanding signs. Freestanding signs shall consist of materials and colors similar to and compatible with the primary structure. The components of a freestanding sign relating to an assemblage of businesses such as a shopping center shall be arranged in an aesthetically compatible and visually coordinated manner.

Wall signs. Permanent wall signs shall be attached to a wall with non-rusting metal hardware. The maximum vertical dimension for a permanent wall sign shall be two feet, except that the maximum vertical dimension for a permanent wall sign on a building fronting on Route 57, Route 519, or Route 22 shall be four feet. Permanent wall signs in multi-tenant buildings and shopping centers shall maintain a consistent design theme by their arrangement in an aesthetically compatible and visually coordinated manner, and shall be of a uniform height above grade. Permanent or temporary walls signs shall be positioned so as not to interrupt architectural details.

[Ord. No. 2008-08 § 1]

The regulations in this section apply in every zoning district, except where otherwise specified or indicated. Sign permits are not required for signs and sign-types described and identified in this section.

Street address signs. For each parcel, residence or business, one street address sign may be displayed. For each residence, the street address sign shall not exceed two square feet in sign area unless required by applicable law. For each business or parcel in nonresidential use, the street address sign shall not exceed six square feet in sign area unless required by applicable law.

Nameplate or occupant identification signs. For each residence, business or other occupancy, one nameplate sign may be displayed. For residences the nameplate or occupant identification signs shall not exceed two square feet in sign area. For any nonresidential use, the nameplate or occupant identification sign shall not exceed six square feet in sign area.

Noncommercial on-site directional signs. Noncommercial on-site directional signs, not exceeding four square feet in sign area, shall be allowed on each parcel.

Noncommercial on-site parking space signs. Noncommercial on-site parking space number signs, not exceeding one square foot of sign face per sign, shall be allowed on each parcel in noncommercial use having multiple parking spaces on site. One such sign shall be allowed for each parking space.

Free expression signs. For each parcel, one free expression sign not exceeding three square feet in size (sign area) may be displayed. The free expression sign may be displayed as an attached sign or as a freestanding sign; if displayed as a freestanding sign, the freestanding sign shall not exceed three feet in height. A free expression sign is in addition to any other sign permitted under this section and is permitted in any zoning district. Only one such sign shall be permitted on each parcel.

Election signs. For each parcel, one election sign for each candidate and each issue may be displayed. An election sign may be displayed as an attached sign or as a freestanding sign. The election sign shall not exceed six square feet in size (sign area) if located on a lot in residential use and shall not exceed 24 square feet in size (sign area) if located on a lot in nonresidential use. If the election sign is displayed as a freestanding sign on the parcel, the election sign shall not exceed six feet in height. An election sign shall be removed within seven calendar days following the election to which it pertains.

Flagpoles. One flagpole is allowed for each parcel. Flagpoles shall not exceed 25 feet in height and shall be set back a minimum of 35 feet from the right-of-way.

Flags. For each flagpole, two flags not greater than 24 square feet in size (sign area) each may be displayed.

Warning signs and safety signs. Warning signs and safety signs, not exceeding six square feet in size (sign area), shall be allowed in all districts.

Temporary construction signs. One temporary construction sign shall be allowed on each parcel. For a temporary construction, signs shall not exceed six square feet in size (sign area).

Number. For each parcel, one temporary construction sign shall be allowed.

Size and height. For a parcel in residential use, the temporary construction sign shall not exceed six square feet in size (sign area) and four feet in height; and for a parcel in nonresidential use, the temporary construction sign shall not exceed 24 square feet in size (sign area) and six feet in height.

Duration. Temporary real estate signs shall be removed within seven days following the issuance of the certificate of occupancy or the expiration date of any applicable building permit, whichever shall first occur.

Temporary real estate signs.

Number. For each parcel, one temporary real estate sign may be displayed on each parcel of land or part thereof that is for sale, lease, or rent; however, when more than one dwelling unit or nonresidential space on a parcel of land is for sale, lease, or rent, there may be one real estate sign for each such unit or space. For a parcel with dual street frontage, such parcels may have one additional temporary real estate sign per frontage.

Size and height. For a parcel in residential use, the temporary real estate sign shall not exceed six square feet in size (sign area) and four feet in height; and for a parcel in nonresidential use, the temporary real estate sign shall not exceed 24 square feet in size (sign area) and six feet in height.

Duration. Temporary real estate signs shall be removed within seven days following the closing or settlement of a sale, lease or rental of the real estate that was offered for sale, lease, or rent.

Temporary garage-yard sale signs. For each parcel with a lawful residential use, one temporary garage-yard sale sign may be displayed. A temporary garage-yard sale sign shall not exceed three square feet in size and three feet in height. A temporary garage-yard sale sign may not be displayed for a period longer than three days twice a year.

Temporary window signs. For each parcel, one or more temporary window signs may be displayed. On parcels that are in residential use, the temporary window sign(s) shall not exceed an aggregate of three square feet in sign area. On parcels that are in nonresidential use, the temporary window sign(s) shall not exceed an aggregate of 24 square feet in sign area. Temporary window signs shall not cover more than 25% of any window surface.

Temporary future development signs. A temporary future development sign shall be allowed in new subdivisions, subject to the following limitations:

Number. No more than one such sign shall be allowed upon any property held in single and separate ownership, unless the property fronts upon more than one public street, in which event one sign may be erected on each street frontage.

Size. A temporary future development sign shall not exceed 24 square feet in sign area.

Height. A temporary future development sign shall not exceed six feet in height.

Duration. Temporary future development signs shall be removed within seven days after the last dwelling has been sold.

Temporary special event signs. Temporary special event signs as approved by the Zoning Officer as meeting the following content-neutral criteria: (a) the signs are temporary signs for a limited time and frequency, (b) the signs are for a special event as defined herein (see special event sign), (c) the temporary signs will not exceed three square feet in size (area) and three feet in height, (d) the temporary signs will not conceal or obstruct adjacent land uses or signs, (e) the temporary signs will not conflict with the principal permitted use of the site or adjoining sites, (f) the temporary signs will not interfere with, obstruct the vision of or distract motorists, bicyclists or pedestrians, (g) the temporary signs will be installed and maintained in a safe manner, and (h) the display of temporary signs for a special event shall not begin any earlier than one week before the event and shall be removed within two business days after the event. Consistent with Subsection 16-11.11, approval or disapproval shall not be based on the content of the message contained (i.e., the viewpoint expressed) on such signs. The Zoning Officer shall render a decision within ten days after an application is made for such signs. Such a decision shall be deemed an administrative interpretation and any person adversely affected has the right to appeal the decision to the Land Use Board.

[Amended by Ord. No. 2014-02]

Temporary grand opening signs. For each new business or business name change, one temporary grand opening sign shall be permitted. A temporary grand opening sign may be a temporary covering, such as a toaster cover, sign boot, or sign sock, which covers an existing permitted attached or freestanding sign.

[Ord. No. 2008-08 § 1]

In addition to the permanent and temporary signs and sign-types that are allowed pursuant to Subsection 16-11.25, the following permanent and temporary signs are also allowed within the districts designated in the Greenwich Township Land Use Code, as amended from time to time, as the HPA, RCD, PDZ, and PDSFZ Districts, as set forth below. The permanent signs described below require a sign permit.

Subdivision monument identification signs. For each platted subdivision or neighborhood entrance, one subdivision freestanding monument identification sign not exceeding six feet in height and 24 square feet in size (sign area) shall be allowed.

Freestanding signs and mounted wall signs for multi-family residential uses. For each parcel with a permitted multi-family residential use, there may be one permanent freestanding identification sign per development for each public street frontage and one wall identification sign for each building. A permanent freestanding identification sign shall not exceed 24 square feet in size (sign area) and shall not exceed eight feet in height. A permanent wall identification sign shall not exceed six feet in size (sign area).

Freestanding signs and mounted wall signs for institutional uses. For each parcel with a permitted institutional use, there may be one permanent freestanding identification sign that does not exceed 24 square feet in size (sign area) and not exceeding eight feet in height; if the parcel fronts along Route 57 or Route 22, the freestanding identification sign may be 12 feet in height. For each parcel with a permitted institutional use, there may be one permanent wall identification sign that does not exceed 24 square feet in size (sign area).

Permanent agricultural signs. For each parcel allowed a permitted agricultural use, there may be one permanent freestanding agricultural identification sign that does not exceed 10 square feet in size (sign area) and not exceeding 10 feet in height.

Temporary agricultural produce signs. For each parcel allowed a permitted agricultural use, up to two temporary agricultural produce signs may be displayed per business establishment on a parcel or lot. A temporary agricultural produce sign shall not exceed 10 square feet in size (area). A temporary freestanding agricultural produce sign shall not exceed 10 feet in height.

[Ord. No. 2008-08 § 1]

In addition to the permanent and temporary signs and sign-types that are allowed pursuant to Subsection 16-11.25, the following permanent signs are also allowed within the B-1 Districts, as set forth below. Other than incidental signs, the permanent signs described below require a sign permit.

Permanent freestanding signs. Permanent freestanding signs are allowed as follows:

Number. One permanent freestanding sign is allowed. If the lot is a corner lot, one additional permanent freestanding sign is allowed subject to the setback requirements set forth below.

Height. The height of a permanent freestanding sign shall not exceed 12 feet. If the B-1 District is in Stewartsville, the height of a permanent freestanding sign shall not exceed eight feet.

Size. The maximum size (sign area) of the permanent freestanding sign shall not exceed the lesser of 30 square feet or 5% of the building front facade. If the B-1 District is in Stewartsville, the maximum size (sign area) of a permanent freestanding sign shall not exceed 10 square feet.

Setbacks. The following setbacks shall apply:

(a)

A permanent freestanding sign shall be set back at least 15 feet from each lot line and right-of-way.

(b)

A permanent freestanding sign shall be set back at least 100 feet from any other permanent freestanding sign.

(c)

If the permanent freestanding sign is on a corner lot, it shall be set back at least 300 feet, measured along the right-of-way, from any other permanent freestanding sign.

(d)

The permanent freestanding sign shall comply with any additional setback requirements in this Code.

Permanent wall signs.

Number. One permanent wall sign per tenancy is allowed.

Size. The aggregate size (sign area) allowed for all such signs on the lot shall not exceed 5% of the front facade of the principal building on the lot. However, in the event that there is no freestanding sign on the lot, the aggregate size allowed for all such signs on the lot shall not exceed 7% of the front facade of the principal building on the lot. The maximum size (area) of a permanent wall sign shall not exceed 24 square feet. If the B-1 District is in Stewartsville, the maximum size (area) of a permanent wall sign shall not exceed eight square feet.

Incidental signs. Up to four incidental signs may be permitted to be attached (i) to a freestanding sign structure or (ii) to a building wall, but not perpendicular to the wall. An incidental sign shall not exceed one square foot in size.

[Ord. No. 2008-08 § 1]

In addition to the permanent and temporary signs and sign-types that are allowed pursuant to Subsection 16-11.25, the following permanent signs are also allowed within the B-2 Districts, as set forth below. Other than incidental signs, the permanent signs described below require a sign permit.

Permanent freestanding signs. Permanent freestanding signs are allowed as follows:

Number. One permanent freestanding sign is allowed. If the lot is a corner lot, one additional permanent freestanding sign is allowed subject to the setback requirements set forth below.

Height. The height of a permanent freestanding sign shall not exceed 16 feet. If the lot fronts on Route 22, the height of a permanent freestanding sign shall not exceed 20 feet.

Size. The maximum size (sign area) of the permanent freestanding sign shall not exceed the lesser of 40 square feet or 4% of the building front facade.

Setbacks. The following setbacks shall apply:

(a)

A permanent freestanding sign shall be set back at least 15 feet from each lot line and right-of-way.

(b)

A permanent freestanding sign shall be set back at least 100 feet from any other permanent freestanding sign.

(c)

If the permanent freestanding sign is on a corner lot, it shall be set back at least 300 feet, measured along the right-of-way, from any other permanent freestanding sign.

(d)

The permanent freestanding sign shall comply with any additional setback requirements in this Code.

Permanent wall signs.

Number. One permanent wall sign per tenancy is allowed.

Size. The aggregate size (sign area) allowed for all such signs on the lot shall not exceed 4% of the front facade of the principal building on the lot. The maximum size (area) of a permanent wall sign shall not exceed 100 square feet.

[Ord. No. 2008-08 § 1]

In addition to the permanent and temporary signs and sign-types that are allowed pursuant to Subsection 16-11.25, the following permanent signs are also allowed within the ROM, RO, and OP/LR Districts, as set forth below. Other than incidental signs, the permanent signs described below require a sign permit.

Permanent freestanding signs. Permanent freestanding signs are allowed as follows:

Number. One permanent freestanding sign is allowed. If the lot is a corner lot, one additional permanent freestanding sign is allowed subject to the setback requirements set forth below.

Height. The height of a permanent freestanding sign shall not exceed 16 feet.

Size. The maximum size (sign area) of the permanent freestanding sign shall not exceed the lesser of 100 square feet or 4% of the building front facade.

Setbacks. The following setbacks shall apply:

(a)

A permanent freestanding sign shall be set back at least 25 feet from each lot line and right-of-way. If the District is OP/LR, the sign shall be set back a minimum of 100 feet from the front and rear lot lines and shall be set back a minimum of 75 feet from the side lot lines.

(b)

A permanent freestanding sign shall be set back at least 100 feet from any other permanent freestanding sign.

(c)

If the permanent freestanding sign is on a corner lot, it shall be set back at least 300 feet, measured along the right-of-way, from any other permanent freestanding sign.

(d)

The permanent freestanding sign shall comply with any additional setback requirements in this Code.

Permanent wall signs.

Number. One permanent wall sign per tenancy is allowed.

[Ord. No. 2008-08 § 1]

Any permit actually issued prior to the effective date of the adoption of the sign regulations that comprise this section shall remain valid but only until the earlier of the following dates: (a) the date that said permit expires by its own terms or expired under the operation of the former ordinance, or (b) 90 days after the effective date of the adoption of this section.[1]

[1]

Editor's Note: Ordinance No. 2008-08, codified herein as § 16-11, was adopted April 17, 2008.

[Ord. No. 2008-08 § 1]

Generally. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this section is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this section.

Severability where less speech results. Without diminishing or limiting in any way the declaration of severability set forth above in Subsection 16-11.31a, or elsewhere in this section, this Code, or any adopting ordinance, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this section is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this section, even if such severability would result in a situation where there would be less speech, whether by subjecting previously exempt signs to permitting or otherwise.

Severability of provisions pertaining to prohibited signs. Without diminishing or limiting in any way the declaration of severability set forth above in Subsection 16-11.31a, or elsewhere in this section, this Code, or any adopting ordinance, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this section or any other law is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this section that pertains to prohibited signs, including specifically those signs and sign-types prohibited and not allowed under Subsection 16-11.5. Furthermore, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of Subsection 16-11.5 is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of Subsection 16-11.5.

Severability of prohibition on billboards. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this section and/or any other code provisions and/or laws are declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect the prohibition on billboards as contained herein.

[Ord. No. 12/29/75 A.XII § 12.1]

A private swimming pool shall be located in a residential zone only.

[Ord. No. 12/29/75 A.XII § 12.2]

A private swimming pool shall not be located, constructed or maintained on any lot or land area except in conformity with the requirements of this section. A permit shall be required to locate, construct or maintain a private swimming pool.

[Ord. No. 12/29/75 A.XII § 12.3]

Every private swimming pool shall be enclosed with a good quality chain link wire, wooden-enclosed fence, exclusive of snow fence, or other equivalent fence with open spaces no more than three inches, of not less than four feet nor more than six feet in height, except for aboveground pool structures where said structure and/or structure with attached topping fence and gate, are at least four feet above the ground level and a removable ladder is attached only when the pool is occupied. Such fence shall have a self-closing locking-type gate, which is to be maintained in working order at all times and shall be located at least five feet from lot lines.

[Ord. No. 12/29/75 A.XII § 12.4]

Such pool shall be located in the rear yard only, not less than 15 feet from side and rear lot lines.

[Ord. No. 12/29/75 A.XII § 12.5]

Such pool shall not occupy more than 25% of the rear yard area, excluding all private garages or other accessory buildings or structures.

[Ord. No. 12/29/75 A.XII § 12.6]

Water supply connections shall be as follows:

If water for such a pool is supplied from a private well, there shall be no cross-connection with the public water supply system.

If the water for such pool is supplied from the public water supply system, the inlet shall be above the overflow level of said pool.

[Ord. No. 12/29/75 A.XII § 12.7]

No permit shall be granted for the installation or construction of such swimming pool unless the plans shall meet the minimum construction requirements of the Township and the building inspector certifies that the drainage of such a pool is adequate and will not interfere with the public water supply system, with existing sanitary facilities or with the public streets.

[Ord. No. 12/29/75 A.XII § 12.8]

No loudspeaker or amplifying device shall be permitted which will project sound beyond the bounds of the property or lot where such a pool is located.

[Ord. No. 12/29/75 A.XII § 12.9]

No lighting or spotlighting shall be permitted which will shine directly beyond the bounds of the property or lot where such a pool is located.

[Ord. No. 12/29/75 A.XII § 12.10]

Permits shall be secured from the Township Zoning Officer. Permit fee shall be $15 upon initial installation of the pool.

[Amended by Ord. No. 2014-02]

[Ord. No. 1993-10 § 2; amended by Ord. No. 2014-02]

Elder Cottage Housing Opportunity (ECHO) units shall be permitted as a conditional use as accessory structures and uses in all residential zone districts.

Each such unit shall consist of a single dwelling unit not to exceed 750 square feet in interior area, on a single level, constructed so as to be readily removable and owned or provided by a county, state or municipal agency, which shall be responsible for its removal.

ECHO units may be erected only upon lots on which a single-family residence is already located; may not be constructed within the front yard of any lot; shall be constructed and removed in accordance with all applicable ordinances, statutes and regulations; and shall be a conditional use requiring approval of a site plan by the Land Use Board and as to all other relevant details by the Health Officer, Fire Subcode Official, and Building Subcode Official of Greenwich Township.

[Ord. No. 1993-10 § 2; amended by Ord. No. 2014-02]

An ECHO unit shall be permitted only upon application to the Land Use Board by the owner of the property upon which the principal residence unit associated with the said ECHO unit is located. The ECHO permit shall be renewable annually upon application of the owner of the property, after certification by the Zoning Enforcement Official of the continuing compliance by the permittee with the conditions of original issuance. Notice of application for the original permit or any renewals shall be served in accordance with the provisions of N.J.S.A. 40:55D-12.

[Ord. No. 1993-10 § 2]

An ECHO unit shall be occupied by no more than two people, who shall be related to each other by blood or marriage, at least one of whom shall be 55 years of age or older and unable to live independently, and at least one of whom shall be related by blood, marriage, or adoption to one or more of the persons residing in the principal dwelling associated with the said ECHO unit.

[Ord. No. 1993-10 § 2]

An ECHO unit shall not be erected on any lot unless the lot area be at least 15,000 square feet. ECHO units shall in no case be erected within the front yard of the lot as elsewhere defined, and when erected in the side yard or rear yard, shall conform to all provisions of the Greenwich Township Zoning Ordinance establishing minimum side and rear yard setback requirements for principal structures for the zone district in which the lot is located, such that the outer walls of the ECHO unit shall be the prescribed distance from side or rear lot boundaries.

[Ord. No. 1993-10 § 2]

ECHO units shall conform to all other provisions of the Greenwich Township Code as to accessory structures; may be manufactured dwelling units as elsewhere defined and regulated, provided that the width or shorter horizontal dimension of the unit shall be no less than 22 feet; shall be provided with adequate water supply and sewage disposal arrangements, which may be by means of interconnections with the facilities of the principal residence as approved by the Code Enforcement Official and the Health Officer; and shall be erected upon a foundation of pressure-treated wood or equivalent material which meets applicable construction codes while allowing complete removal when the need for the unit ends.

[Ord. No. 1993-10 § 2; amended by Ord. No. 2014-02]

An ECHO unit shall be removed from the premises upon the death of the dependent occupant for whom permitted, unless the other occupant (if there be such) and the resident in the principal dwelling specifically request from the Land Use Board a continuation of the permit; or upon a permanent change of residence of the said occupant or occupants. Removal shall be completed within 90 days of such event. The site shall be restored, such that no visible evidence of the unit remains.

[Ord. No. 1993-10 § 2; amended by Ord. No. 2014-02]

Notwithstanding any other provisions of the Greenwich Township Code, a site plan for the construction of an ECHO unit shall be submitted to the Land Use Board for approval prior to the issuance of any permit by a Zoning or other Code Enforcement Official. The approval by the Health Officer of all water and sewage disposal arrangements shall be required before the Land Use Board shall act on the application.

[Ord. No. 1993-10 § 2]

ECHO units may not be constructed or erected within planned unit or planned unit residential developments.

[Ord. No. 1993-10 § 2; amended by Ord. No. 2014-02]

The applicant for permission to construct an ECHO unit shall submit a sketch plat, which shall be to scale, showing the location of all existing or proposed buildings, structures, drives, walkways, and the layout of utility services, including proposed water and sewer connections, plus landscaping and screening if such are contemplated. Said sketch site plat shall be endorsed in writing by the government agency which will own or provide the ECHO unit.

The said site plan sketch shall be of sufficient detail and shall be submitted in sufficient numbers of copies, to adequately inform the Land Use Board concerning the proposal. The said plat shall be reviewed by the Land Use Board and the Board Engineer. The said engineer shall determine completeness.

Applicable design guidelines set forth in Chapter 14, Site Plan Review, of the Code of the Township of Greenwich shall guide the applicant in developing the site plan and the Board Engineer in reviewing it.

No fee shall be required for submittal or review of such site plan. The application shall not be deemed compete until approved by the Health Officer, Fire Subcode Official and Building Subcode Official.

[Ord. No. 1998-12; Ord. No. 1999-1]

Streetlighting of a type supplied by the utility and of a type and number approved by the Township Engineer shall be required at all street intersections and along all arterial, collector and local streets and anywhere else deemed necessary for safety reasons. Wherever electric utility installations are required to be underground, the applicant shall provide underground services for streetlighting.

[Ord. No. 1998-12; Ord. No. 1999-1]

All parking areas and walkways thereto and appurtenant passageways, building entrances, loading areas and driveways required for nonresidential or multifamily uses shall be adequately illuminated during the hours of operation which occur after sunset. Any adjacent residential zone or use shall be shielded from the glare of illumination from site lighting and automobile headlights.

Site lighting shall be provided in all areas accessible to the public in accordance with the following table shown in Figure 1 and Figure 2. (See Figures 1 and 2 at the end of this chapter)

[Ord. No. 1998-12; Ord. No. 1999-1]

A lighting plan, prepared by the applicant's engineer, shall be provided with all site plan and major subdivision applications. Any outdoor lighting, such as building and sidewalk illumination, driveways with no adjacent parking, the lighting of signs and ornamental lighting, shall be shown on a lighting plan in sufficient detail to allow a determination of the effects upon adjacent properties and traffic safety. The objective of these specifications is to minimize undesirable off-premises effects. No light shall shine into windows or onto streets and driveways in such a manner as to interfere with or distract driver vision. To achieve these requirements, the intensity of such light sources, the light shielding and similar characteristics shall be subject to site plan approval.

[Ord. No. 1998-12; Ord. No. 1999-1]

All lighting shall be designed to meet the following minimum criteria:

All lighting from fixtures shall be cut off at property lines adjoining residential areas and zones.

Fixtures shall provide cutoff so that the lamp or refractor is not visible from adjoining roadways or residential areas. Where lights along property lines, including interior fixtures, would be visible to adjacent residents, the lights shall be appropriately shielded. Such shielding may include berming, landscape material, decorative fencing and, in the case of buildings in excess of two stories or 35 feet, interior window shades or other appropriate treatment that restricts exterior light passage.

Sky glow effects are prohibited. All fixtures shall incorporate reflectors or refractors to direct lighting to the ground and effectively eliminate undirected spillage.

Maximum desirable luminaire mounting heights shall be 25 feet, measured from ground level to the center line of the light source or the height of the building, whichever is less.

A minimum uniformity ratio varying from six to one for the high pedestrian traffic areas to 10 to one for the low pedestrian traffic areas. The uniformity ratio shall be the ratio of the maintained average to minimum intensity.

[Ord. No. 1998-12; Ord. No. 1999-1; Ord. No. 2009-08 § I]

Automatic shutoff devices shall be required for all parking areas providing 20 or more parking spaces, and all lighting in such parking areas shall be extinguished within one hour of the close of business or termination of the last working shift at the site, with the sole exceptions being illumination required for public safety and security of the property as determined by the Greenwich Township Police Department.

All exterior lighting on nonresidential properties, including illuminated signage, shall be extinguished within one hour of the close of business or termination of the last working shift at the site, with the sole exception being illumination required for public safety and security of the property as determined by the Greenwich Township Police Department.

Notwithstanding paragraphs a and b above, and with the sole exception being illumination required for public safety and security as determined by the Greenwich Township Police Department, all lighting in all zoning districts shall be turned off between 11:00 p.m. and 6:00 a.m. This shall also apply to signage lighting. Provisions shall be made for reduction in the intensity of illumination to the minimum need for security purposes when a facility is not in operation.

Exterior floodlights on residential properties under the control of motion/infrared or other detection devices shall not remain illuminated longer than 30 minutes after the cessation of the activity which caused their illumination. Any other exterior floodlights on residential properties shall not remain illuminated after 12:00 midnight.

[Ord. No. 1999-1]

Dimensioned manufacturer's lighting details and specifications, including footcandle distributions and ISO footcandle diagrams, shall be provided. In general, light sources with downward projection and with the lens of the light flush with the fixture housing are preferred. Canopy lights associated with nonresidential uses shall have the light lens flush with the ceiling. All lights shall be concealed source nonglare lighting and shall be focused downward so that the direct source of light is not visible from adjoining streets or properties. The lens shall be parallel to the ground. Movable fixture housings are prohibited.

The style of any light or light standard shall be consistent with the architectural style of the principal building and, where appropriate, the architectural character of the surrounding area.

Freestanding lights within parking lots shall be protected to avoid being damaged by vehicles. Where possible, these should be located within landscape islands.

Freestanding lights at the perimeter of parking lots shall be aligned with the parking stall striping and located a minimum of 2 1/2 feet to the edge of the curb.

[Ord. No. 1998-18]

This district is intended to protect and preserve areas of prime agricultural soils for continued agricultural uses. Development occurring in this district should be designed where feasible to preserve prime agricultural soils and minimize the conflict with agricultural operations. A secondary goal of this district is preservation of open space for conservation and recreational purposes. In the Agricultural and Open Space Preservation Residential District, the following regulations shall apply.

[Ord. No. 1998-18]

A building may be erected or altered, to be used either in whole or in part, and a lot may be used or occupied for any of the following uses, and no other, provided that such uses shall comply with such regulations as yard, lot size, lot width, building area and height, impervious surfaces, easements, buffer yards, off-street parking and other provisions as are specified in other sections herein. Any of the following uses shall be permitted, provided that all other regulations of this chapter have also been met:

Agriculture and horticulture.

Forestry.

Agricultural sales/farm stands (see Subsection 16-3.3, Definitions, for additional conditions of this permitted use).

Christmas tree planting.

Plant nursery.

Single-family detached.

Single-family detached open space community (see Subsection 16-3.3, Definitions, for additional conditions of this permitted use).

Rural estate residence (see Subsection 16-3.3, Definitions, for additional conditions of this permitted use).

Community center.

Municipal building and other public buildings.

Family day-care homes (see Subsection 16-3.3, Definitions, for additional conditions of this permitted use).

Community residences (see Subsection 16-3.3, Definitions, for additional conditions of this permitted use).

[Ord. No. 1998-18]

Any of the following uses shall be considered permitted, provided that the conditions for conditional use approval have been met in accordance with Subsection 16-19B, Conditional Uses:

Open space/professional/business office.

Riding academy.

Kennel.

Residential conversion.

Bed and breakfast.

Place of worship.

School.

Recreational facility.

Golf course.

Planned residential recreation community.

Boarding.

Cemetery.

Home occupation.

Residential accessory structure.

Accessory residential dwelling unit.

Veterinary office or clinic.

[Ord. No. 1998-18]

Any use, other than those uses listed in subsections 16-13.2 and 16-13.3, is prohibited.

[Ord. No. 1998-18]

Permitted signs shall be those permitted in accordance with § 16-11.

[Ord. No. 1998-18]

Refer to the Schedule of Required Area, Density, Open Space and Coverage Regulations for the R-7 Zone at the end of this chapter.

Refer to the Schedule of Required Area and Dimensional Regulations for the R-7 Zone at the end of this chapter.

[Ord. No. 1998-18]

Lot averaging. An applicant may create a subdivision with residential lots having variable lot area, provided that:

The overall development density on the tract shall be no greater than one dwelling unit per seven acres.

The minimum lot area shall be one acre with public water and two acres without public water and shall meet the bulk requirements for a residential lot in a single-family open space development.

All lots greater than seven acres in area in a conventional subdivision employing lot averaging shall be deed restricted against further subdivision.

Flag lots with minimum lot frontages of 50 feet are permitted, provided that the lot contains a minimum of two acres within the flag portion of the lot and the placement of the proposed dwelling units shall be set back a minimum of 250 feet from adjacent dwelling units located on public or approved private streets.

The Land Use Board may require, in cooperation with the applicant, the reservation of equestrian trails across a conventional subdivision tract where there is an adjacent approved or dedicated equestrian trail or where a trail has been so designated on an equestrian trail plan map approved by the Land Use Board.

[Amended by Ord. No. 2014-02]

Environmentally sensitive areas on lots shall be protected by a conservation easement.

[Ord. No. 1998-18]

Lot area. A lot area of one acre is permitted with public water service or documentation by a certified hydrogeologist that there is adequate quantity and quality of groundwater to support one acre lots. In the absence of that documentation, a two acre lot is required in an open space community development.

Creation of agricultural open space. Up to 60% of the 70% open space required to be set aside in an open space community can be in the form of a farm owned and operated by an individual or corporation, provided that it is deed restricted in perpetuity against any further subdivision.

Provision of improved open space.

Ten percent of the minimum required open space shall be set aside as improved open space accessible to the public or the homeowners' association. Improved open space is open space that is graded, landscaped and improved with recreation equipment, ballfields or a village commons with street furniture, decorative fencing, etc.

The creation of improved open space shall entitle each development to one additional dwelling unit per 50 acres of tract area.

Equestrian or walking trails should be set aside in each open space community subdivision as a portion of the open space accessible to the public or the homeowners' association.

Farmstead density bonus. Where, in the process of developing a single-family detached open space community on a parcel containing an existing dwelling unit identified as historic or architecturally significant by the Township or Warren County, an applicant agrees to rehabilitate and upgrade the existing unit to meet current building code requirements and market the same for occupancy, such unit will not be counted, against the maximum number of units permitted as part of the development in accordance with the requirements of this chapter. This provision is conditioned upon the following.

No more than one existing dwelling unit may be incorporated as an additional lot.

Existing farmstead outbuildings (e.g., barn, well house, etc.) must be rehabilitated to meet local safety codes and be maintained as part of the additional lot.

The applicant must demonstrate and the Board must find that the rehabilitated unit will be sufficiently upgraded to salable standards appropriately marketed.

All proposed lots must meet current land development ordinance requirements.

Historic or culturally significant structures listed on the State or National Register of Historic Places or structures listed in an adopted County Master Plan document that are not currently listed in the Greenwich Master Plan or otherwise designated by the Township Historic Commission are also eligible for inclusion in this process.

All applicants for farmstead density bonus shall provide a complete set of plans to the Township Historic Commission, including elevations sufficient to clearly indicate any proposed modifications and/or reconstruction of the existing farm house and farmstead outbuildings. The Historic Commission shall provide comments and recommendations to the Land Use Board within the normal review time associated with the application.

[Amended by Ord. No. 2014-02]

A common open space area of at least 100 feet in width adjoining all cluster lots shall be designated as common open space and be held in a community association. Where possible, this area will be located adjacent to the deed restricted/farmstead parcel and separated from the residentially clustered lots. The amount of area necessary to produce this one-hundred-foot area will be subtracted from the required open space that would otherwise be required in the remaining farmstead.

[Ord. No. 1998-18]

Lot development plan required. Where a lot includes slopes in excess of 10% that are likely to be disturbed in the process of developing a house, driveway or septic system, an individual lot development plan shall be prepared and submitted prior to preliminary approval. The individual lot development plan shall show the proposed locations for a house, septic system and driveway and shall also show a proposed driveway profile, if required by the Township Engineer. Prior to the issuance of a construction permit, the Construction Official shall ascertain compliance with the approved individual lot development plan.

Standards for development on steep slopes.

No septic field or portion thereof shall be located on a slope of 12% or more.

Homes may be sited on slopes of up to 25% provided that a soil erosion and sediment control plan is submitted to the Township Engineer for his review and recommendation for any construction proposed on slopes over 15%.

Driveway grades shall not exceed 15% at any point, shall not exceed 12% for a distance of more than 50 feet and shall not exceed 8% within 20 feet of the front street right-of-way.

[Ord. No. 1987-11]

In the R-2 Rural Residential Zone, no lot shall be used and no structure shall be erected, altered or occupied for any purpose except the following:

Detached single-family dwellings and the accessory structures and uses customarily incidental thereto.

All farm and agricultural activities, including nurseries, poultry and livestock raising, provided that:

The keeping or raising of swine shall not be allowed except as a part of a general farming operation on a property of not less than 10 acres, and provided further that not more than 25 head shall be allowed in any case.

No building, fenced run or other enclosure for the shelter of swine shall be closer to any property line or zone boundary than 200 feet.

No building erected entirely or partially for the storage of hay or other flammable material shall be closer than 100 feet to any property line.

No building for the shelter of fowl or farm livestock shall be closer than 150 feet from an adjoining property line.

No garbage-fed swine shall be raised in the Township.

The minimum lot area for any farm or agricultural activity shall be five acres.

The sale of farm or dairy produce which has been raised on the farm from which it is to be sold except that no slaughtering shall be allowed.

A professional office, provided that the office space shall not comprise more than 25% of the habitable floor area of the principal building.

Home occupations, provided that:

Noise or other objectionable characteristics incident thereto shall not be discernible beyond the boundaries of the lot.

The total floor area, including accessory structures, devoted to any permitted home occupation shall not exceed 25% of the habitable floor area of the principal building.

Parks and playgrounds not operated for profit.

Public buildings, including public schools but not including correctional institutions or hospitals exclusively for the isolation of contagious diseases or for the insane.

Eleemosynary, charitable and philanthropic institutions.

Churches, provided that one off-street parking space shall be provided for each five seats.

Nonprofit parochial and private schools of an academic nature.

Not more than three garages for the motor vehicles owned by the resident family members, provided that not more than one commercial vehicle, of a rated capacity not exceeding 3/4 ton, owned and used by a resident of the premises, shall be stored in such facility.

[1]

Editor's Note: Refer to § 16-20, Right to Farm The R-2 Rural Residential Zone provisions previously contained herein and adopted by Ord. No. 4/12/78 have been superseded in entirety by the provisions set forth herein.

[Ord. No. 1987-11]

Any use other than those uses listed in Subsection 16-14.1 is prohibited.

The following uses are expressly prohibited in all zone districts:

[Added 4-15-2021 by Ord. No. 103-2021; amended 12-21-2023 by Ord. No. 114-2023]

Cannabis establishments Class 1, 2, 3, and 4 shall not be permitted as a use in any zone in the Township.

Cannabis establishments Class 5, retail, shall be a permitted conditional use in the following Zoning District in accordance with the standards under Paragraph a4 below:

(a)

Highway Business Zone (B-2).

There shall be no more than one Class 5 retailer awarded a conditional use approval and site plan approval in the Highway Business Zone (B-2).

Any Cannabis use must submit for a conditional use approval and site plan approval to the Planning Board. The following conditions must be satisfied:

(a)

All Class 5 establishments located without the Township shall meet all requirements for licensure and hold the appropriate license issued by the Cannabis Regulatory Commission, Department of Treasury, State of New Jersey.

(b)

The premises operated by the cannabis retailer shall conform to all zoning requirements set forth in Chapter 16 for the zone in which the use is conditionally permitted, as well as the general requirements set forth in Chapter 16, unless otherwise specifically provided under this section.

(c)

The operating hours of a cannabis retailer shall be between 9:00 a.m. and 8:00 p.m. daily. It shall be unlawful for any cannabis retailer to sell or dispense cannabis or cannabis products at any time other than between these hours.

(d)

All facilities shall be closed within enclosed buildings and shall not be permitted outdoors.

(e)

All cannabis products shall be stored securely indoors and on-site. No operations shall be conducted outside. No outside storage of any cannabis, cannabis products or cannabis-related materials shall be permitted.

(f)

No cannabis product shall be displayed in any windows or doors. No cannabis product shall be visible from a public sidewalk, public street or right-of-way or any other public place.

(g)

Deliveries to any Cannabis business shall be limited from 8:00 a.m. to 8:00 p.m., seven days a week.

(h)

Cannabis waste shall be stored, secured, and managed in accordance with applicable state laws.

(i)

Consumption of cannabis products, by any means of ingestion, shall not be permitted on the cannabis retailer premises or adjacent grounds.

(j)

Outside generators and other mechanical equipment used for any kind of power supply, cooling or ventilation shall be enclosed and have appropriate baffles, mufflers, and/or other noise reduction systems to mitigate noise pollution.

(k)

All cannabis establishments shall provide detailed information on odor control from these sites. This shall include air treatment systems with sufficient odor absorbing ventilation and exhaust systems such that any odors generated inside the facility are not detectable by a person of reasonable sensitivity anywhere on adjacent property, within public rights-of-way, or within any other unit located in the same building if the use occupies a portion of a building. All cannabis establishments shall provide for noise mitigation features designed to minimize disturbance from machinery, processing and/or packaging operations, loading and other noise generating equipment or machinery. All licensed facilities must operate within applicable state decibel requirements.

(l)

No cannabis Class 5 establishments shall be located within 500 feet as measured from the building to the common property line or zone, of an elementary school, high school, or charter school.

(m)

No cannabis retailer shall be housed in a vehicle or any movable or mobile structure.

(n)

The premises operated by a cannabis retailer shall be secured in accordance with State of New Jersey statutes and regulations and shall have a round-the-clock video surveillance system, 365 days a year.

(o)

Signage design at the premises operated by a cannabis retailer shall comply with the Township's sign regulations at Section 16-11 of the Code. In addition, signage design shall not include artistic or photographic renderings of cannabis leaves, plants or the glorification of cannabis or its use.

(p)

A cannabis retailer shall prevent and eliminate any conditions on the site that constitute a nuisance, including, but not limited to: preventing odors from escaping the interior of the facility; maintaining the exterior of the facility and immediately adjacent sidewalk and public right-of-way free of litter, debris, and trash; and properly storing and disposing of all waste generated on the site in accordance with applicable law and regulation.

(q)

The following parking schedule shall be used to calculate the required number of off-street parking spaces per use. Where the calculation results in a fraction of a space, the required number of parking spaces shall be rounded to the nearest whole number.

[1]

Number of parking spaces required.

[a]

Class 5 Retailer - two spaces per every 500 square feet of gross floor area.

Additional criteria for Cannabis Establishments:

(a)

For each cannabis establishment located within the Township a security plan shall be submitted to the Greenwich Township Police and a copy of the submission shall be provided to the Township. The security plan shall demonstrate how the facility will maintain effective security and control of the operations. The plan should include the following but not limited to:

[1]

Type of security system to be installed.

[2]

Installation, operation and maintenance of security camera covering all interior and exterior parking lots, loading areas and other such areas of the establishments.

[3]

Tracking and recordkeeping of products and materials.

[4]

Type of lighting provided in and around the establishments.

[5]

Location on-site security team and armed guard on premises.

[Ord. No. 1987-11]

The following requirements shall be complied with in the R-2 Rural Residential Zone:

Minimum lot area and width. Each lot shall have an area of not less than 81,000 square feet measured within 360 feet of the front street property line and a lot width of not less than 225 feet, provided, however, that on a cul-de-sac or curved street each lot shall have a frontage along the front street property line of at least 75 feet and a lot width of 225 feet measured along a line 100 feet from the front street property line. Wherever public water from an off-site utility is available and is utilized to serve the development, lots may be reduced in area to 40,250 square feet measured within 230 feet of the front street property line and the lot width measured 100 feet from the front street property line, may be reduced to 175 feet.

Minimum depth of front yard. All buildings and structures shall be set back a minimum of 75 feet from the front street property line.

[Amended 4-19-2018 by Ord. No. 2018-01]

Minimum width of side yard. All buildings and structures, except accessory buildings and structures, shall be set back a minimum of 40 feet from any side property line.

[Amended 4-19-2018 by Ord. No. 2018-01]

Minimum depth of rear yard. All buildings and structures, except accessory buildings and structures, shall be set back a minimum of 100 feet from any rear property line.

[Amended 4-19-2018 by Ord. No. 2018-01]

Maximum building size. No building or structure shall exceed a maximum of 2 1/2 stories or 35 feet.

Impervious coverage. No more than 10% of the area of a lot shall be covered by buildings, structures or impervious surfaces.

Applicability. A major subdivision of an entire tract consisting of 30 or more acres intended for development with residential lots may incorporate the technique of cluster development, where it can be demonstrated to the satisfaction of the Board that the environmental, agricultural or recreational benefits of clustering will outweigh any potential detriment from the creation of lots that are smaller than the minimum required for the district and where it can be demonstrated that the open space created as a result of the cluster will be of benefit to the general public or to the residents of the cluster subdivision. In such cases, the minimum lot area, dimensional, and yard requirements may be modified as provided in Subsection 16-14.4f hereinbelow.

Density. The overall number of lots permitted in a cluster subdivision shall not exceed the number that would be approved for a conventional subdivision. To determine the number of lots permitted, the developer may elect either to plat a conventional subdivision, providing all environmental data required by the Land Use Board to determine how many of the lots would be suitable for development, or, in the alternative, to divide 70% of the gross tract area by the required minimum lot size for the district.

[Amended by Ord. No. 2014-02]

Land use. Development in a cluster subdivision shall be limited to single-family detached dwellings.

Deed restrictions. Open space areas which will be held in common by a homeowners' association and not dedicated to the Township shall be protected by a deed restriction, with the Township as a party beneficiary.

Findings. The developer shall demonstrate to the satisfaction of the Board that the smaller lots in a cluster subdivision will be adequate to support homesites and individual septic systems and wells and that the environmental, agricultural or recreational benefits from clustering will outweigh any potential detriment from the creation of smaller lots. The developer is urged to submit a conceptual plan to the Land Use Board for discussion purposes; it is recommended that such submission include sufficient environmental data to permit the Board to indicate to the applicant, early in the review process, the probability of approval of a cluster subdivision.

[Amended by Ord. No. 2014-02]

Permitted modification of minimum lot area and width. No lot in a cluster subdivision shall have a lot area of less than 57,600 square feet measured within 320 feet of the front street property line, nor shall any lot have a lot width of less than 180 feet, provided, however, that on a cul-de-sac or curved street, each lot shall have a frontage along the front street property line of at least 75 feet and a lot width of at least 180 feet measured along a line 100 feet from the front street property line. All other setback and bulk requirements for the R-2 Zone shall be met on each lot within the cluster subdivision. In a cluster subdivision which will be served by public water from an off-site source, the requirements of Subsection 16-15.4 shall apply to the development.

Open space requirements.

In a cluster subdivision, land area equal in acreage to a minimum of 15% of the entire tract shall be set aside as open space for recreation or conservation purposes and shall be suitably located and/or improved for its intended purpose.

Such open space may be offered to the Township for public purposes or it may be owned and maintained by an association. Any lands intended to be offered to the Township for public purposes shall be so declared prior to preliminary approval. All lands not offered to and/or not accepted by the Township shall be owned and maintained by an association.

Any open space offered to the Township shall meet the following requirements:

(a)

The minimum size of each parcel offered shall be two acres.

(b)

Lands offered for recreational purposes shall be improved by the developer, including equipment, walkways and landscaping, in order to qualify the lands for acceptance by the Township.

(c)

Any lands offered to the Township shall be subject to review by the Land Use Board, which, in its review and evaluation of the suitability of such land, shall be guided by the master plan of the Township, by the ability to assemble and relate such lands to an overall plan and by the accessibility and potential utility of such lands. The Land Use Board may request an opinion from other public agencies or individuals as to the advisability of the Township's accepting any lands offered to the Township.

[Amended by Ord. No. 2014-02]

Perimeter lot requirements.

Any lot in the tract fronting upon an arterial street, as shown on the master plan or official map, shall have a minimum width at the front street property line of 225 feet.

Any perimeter lot in a tract proposed for a cluster subdivision shall be increased in size over the minimum required by the addition of a twenty-five-foot buffer easement along the portion of the lot abutting the tract perimeter.

[Ord. No. 1987-11]

The R-1 and R-1A Residential Zone provisions previously contained herein and adopted by Ord. No. 12/29/75 and the R-1.5 Rural Residential Zone provisions adopted by Ord. No. 4/12/87 have been superseded by the R-1 Residential Zone provisions as set forth herein.

In the R-1 Residential Zone, no lot shall be used and no structure shall be erected, altered or occupied for any purpose except the following:

Detached single-family dwelling and the accessory structures and uses customarily incidental thereto.

All farm and agricultural activities including nurseries, poultry and livestock raising, provided that:

No building, fenced run or other enclosure for the shelter of swine shall be closer to any property line or zone boundary than 200 feet.

No building erected entirely or partially for the storage of hay or other flammable material shall be closer than 100 feet to any property line.

No building for the shelter of fowl or farm livestock shall be closer than 150 feet from an adjoining property line.

No garbage-fed swine shall be raised in the Township.

The minimum lot area for any farm or agricultural activity shall be five acres.

The sale of farm or dairy produce which has been raised on the farm from which it is to be sold except that no slaughtering shall be allowed.

A professional office providing that the office space shall not comprise more than 25% of the habitable floor area of the principal building.

Home occupations provided that:

Noise or other objectionable characteristics incident thereto shall not be discernible beyond the confines of the structure.

The total floor area, including accessory structures, devoted to any permitted home occupation shall not exceed 25% of the habitable floor area of the principal building.

Parks and playgrounds not operated for profit.

Public buildings, including public schools, but not including correctional institutions or hospitals exclusively for the isolation of contagious diseases or for the insane.

Eleemosynary, charitable and philanthropic institutions.

Churches, provided that one off-street parking space shall be provided for each five person seating capacity.

Non-profit parochial and private schools of an academic nature.

Not more than three garages for the motor vehicles owned by the resident family members, provided that not more than one commercial vehicle of a rated capacity not exceeding 3/4 ton, owned and used by a resident of the premises, shall be stored in such facility.

[1]

Editor's Note: Refer to § 16-20 for "Right to Farm."

[Ord. No. 1987-11]

Any use other than those listed in Subsection 16-15.1 is prohibited.

[Ord. No. 1987-11]

The following requirements shall be complied with in the R-1 Residential Zone:

Minimum lot area. Each lot shall be served by public water from an off-site source and shall have an area of not less than 40,250 square feet measured within 230 feet of the front street property line and a lot width of not less than 175 feet, provided, however, that on a cul-de-sac or curved street each lot shall have a frontage along the front street property line of at least 75 feet and a lot width of at least 175 feet measured along a line 100 feet from the front street property line. Wherever a lot cannot be served by public water from an off-site source, it shall have a minimum area of not less than 81,000 square feet measured within 360 feet of the front street property line and a lot width of not less than 225 feet.

Minimum depth of front yard. All buildings and structures shall be set back a minimum of 50 feet from the front street property line.

[Amended 4-19-2018 by Ord. No. 2018-01]

Minimum width of side yard. All buildings and structures, except accessory buildings and structures, shall be set back a minimum of 30 feet from any side property line.

[Amended 4-19-2018 by Ord. No. 2018-01]

Minimum depth of rear yard. All buildings and structures, except accessory buildings and structures, shall be set back a minimum of 50 feet from any rear property line.

[Amended 4-19-2018 by Ord. No. 2018-01]

Maximum building height. No building or structure shall exceed a maximum of 2 1/2 stories or 35 feet.

Impervious coverage. No more than 15% of the area of a lot shall be covered by buildings, structures, or impervious surfaces.

[Ord. No. 1987-11]

[Amended by Ord. No. 2014-02]

Land use. Development in a cluster subdivision shall be limited to single-family detached dwellings.

Findings. The developer shall demonstrate to the satisfaction of the Board that the smaller lots in a cluster subdivision will be adequate to support homesites and individual septic systems, and, where public water from an off-site source is not available, individual wells, and that the environmental, agricultural or recreational benefits from clustering will outweigh any potential detriment from the creation of smaller lots. The developer is urged to submit a conceptual plan to the Land Use Board for discussion purposes; it is recommended that such submission include sufficient environmental data to permit the Board to indicate to the applicant, early in the review process, the probability of approval of a cluster subdivision.

[Amended by Ord. No. 2014-02]

Permitted modification of minimum lot area and width. No lot in a cluster subdivision shall have a lot area of less than 30,000 square feet measured within 200 feet of the front street property line, nor shall any lot have a lot width of less than 150 feet, provided, however, that on a cul-de-sac or curved street, each lot shall have a frontage along the front street property line of at least 75 feet and a lot width of at least 150 feet measured along a line 100 feet from the front street property line. All other setback and bulk requirements for the R-1 Zone shall be met on each lot within the cluster subdivision. In a cluster subdivision which will not be served by public water from an off-site source, the requirements of Subsection 16-14.4f shall apply to the development.

Open space requirements.

Any open space offered to the Township shall meet the following requirements:

(a)

The minimum size of each parcel offered shall be two acres.

(b)

Lands offered for recreational purposes shall be improved by the developer, including equipment, walkways and landscaping, in order to qualify the lands for acceptance by the Township.

(c)

[Amended by Ord. No. 2014-02]

Perimeter lot requirements.

Any lot in the tract fronting upon an arterial street, as shown on the master plan or official map, shall have a minimum width at the front street property line of 175 feet.

Any perimeter lot in a tract proposed for a cluster subdivision shall be increased in size over the minimum required by the addition of a twenty-foot buffer easement along the portion of the lot abutting the tract perimeter.

[Ord. No. 1989-8; Ord. No. 1990-11 § 2]

See Exhibit A for the General Development Plan Checklist adopted by Ordinance No. 1990-11.

[Ord. No. 1989-8; Ord. No. 1990-11 § 2]

The purpose of the Planned Development Zone (PDZ) (hereinafter PDZ or PD) is to implement the Greenwich Township fair share plan in a manner which promotes flexibility, economy and environmental soundness in the layout and design of development and to provide a realistic opportunity for the construction of housing for low- and moderate-income households as provided by the Fair Housing Act of 1985.

[Ord. No. 1989-8; Ord. No. 1990-11 § 2]

Application for development within the Affordable Housing District and that portion of the B-2 District designated within the PDZ may, in accordance with N.J.S.A. 40:55D-45.3, be made at the option of the applicant in accordance with the regulations and procedures described in this subsection pertaining to general development plan.

[Ord. No. 1989-8; amended by Ord. No. 1990-11 § 2; Ord. No. 2014-02]

Land Use Board review. The Land Use Board shall review an application for general development approval of a planned development within the PDZ in the following manner:

Notice. Public notice of a hearing of an application for planned development shall be given as required by statute in accordance with N.J.S.A. 40:55D-12.

Time for action. Upon submission to the administrative officer of a complete general development plan application for planned development, the Land Use Board shall grant or deny general development plan approval within 95 days of the date of submission or within such further time as may be consented to by the applicant pursuant to N.J.S.A. 40:55D-45, et seq. Failure of the Board to act within the prescribed time shall constitute approval.

Preliminary and final approval shall be required for each development section as per Township ordinances.

Required submissions - complete application. An application for approval of the general development plan shall be deemed complete, as per the provisions of N.J.S.A. 40:55D-10.3, upon submission by the applicant of the following:

A complete application in a form established by the Land Use Board, containing the following minimum information:

(a)

The name of the developer.

(b)

A signed statement of the developer affirming compliance with the minimum criteria for planned development contained in this subsection.

(c)

Proof that the property taxes pertaining to the subject property have been paid to date.

(d)

A corporate or partnership disclosure statement, where applicable, in accordance with the provisions of N.J.S.A. 40:55D-48.1 and 40:55D-48.2.

(e)

The following fees shall be required of the applicant:

(1)

Two hundred fifty dollars application fee, plus.

(2)

Fifty dollars per dwelling unit proposed (Affordable Housing Units at no cost),

(3)

Provided however, that if the Land Use Board shall determine that the fees provided for herein are inadequate to cover the actual costs of administration of the application the developer shall be obligated to pay such additional fees as are necessary to cover the reasonable costs of administration. Where review costs exceed, or are anticipated to exceed the application fee, the applicant shall pay the additional amount prior to signing of plan or release of any resolution. Where the review fees cost less than the application fee, the difference shall be refunded to the applicant if so requested.

An overall development plan consisting of the following:

(a)

A land use plan, at a scale of one inch equals 100 feet indicating the tract area and general locations of the land uses to be included in the planned development. The total number of dwelling units and amount of nonresidential floor area to be provided and proposed land area to be devoted to residential and nonresidential use shall be set forth. In addition, the proposed types of nonresidential uses to be included in the planned development shall be set forth, and the land area to be occupied by each proposed use shall be estimated. The density and intensity of use of the entire planned development shall be set forth, and a residential density and a nonresidential floor area ratio shall be provided.

(b)

A circulation plan, indicating the general location and types of transportation facilities, including facilities for pedestrian access within the planned development and any proposed improvements to the existing transportation system outside the planned development.

(c)

A stormwater management plan, indicating the proposed method of controlling and managing stormwater on site.

(d)

An open space plan, indicating the approximate major land areas to become open space, a description of the intended improvements within said area, and the allocation of responsibility for maintenance of the open space.

(e)

A development plan, setting forth the permitted number of dwelling units, the amount of nonresidential floor space, the residential density and the nonresidential floor area ratio for the general development plan, according to a schedule which sets forth the timing of any sections of the development.

(f)

A utility plan, indicating the need for and showing the proposed location of sewage and water lines, any drainage facilities necessitated by the physical characteristics of the site, proposed methods for handling solid waste disposal, and a plan for the operation and maintenance of proposed utilities.

(g)

A community facility plan indicating the scope and type of supporting community facilities which may be provided within the proposed development.

(h)

A housing plan outlining the number of housing units to be provided and the extent to which any housing obligation assigned to the municipality by the Council on Affordable Housing will be fulfilled by the development.

(i)

A fiscal report describing the anticipated demand on municipal services to be generated by the planned development and any other financial impacts to be faced by the municipality or school districts as a result of the completion of the planned development. The fiscal report shall also include a detailed projection of property tax revenues which will accrue to the county, municipality and school district according to the timing schedule provided under this subsection and following the completion of the planned development in its entirety. The fiscal report shall be submitted for informational and municipal planning purposes; nothing in the report shall serve as a basis for the Board to delay or deny an approval or impose any conditions inconsistent with the terms of the May 19, 1989 Developer's Agreement.

(j)

A proposed timing schedule, including any terms or conditions which are intended to protect the interests of the public and of the residents who occupy any section of the planned development prior to the completion of the development in its entirety. The proposed timing schedule shall, consistent with Sections 1d and 4g of the May 19, 1989 Developer's Agreement, permit the construction of the entire development in a period of between six and 10 years, depending upon market conditions, from the date of the issuance of the first certificate of occupancy within the development provided that nothing in the timing schedule shall preclude the developer from constructing the units and completing the project, and hence satisfying Greenwich's low- and moderate-income housing obligation, in a shorter period of time if market conditions allow.

(k)

A municipal development agreement between the municipality and the developer relating to the planned development as executed on May 19, 1989.

The items listed in subsections 16-15.5.2.1 b.1 and b.2 above shall constitute the submissions required to be enumerated on a checklist supplied to the applicant as per the provisions of N.J.S.A. 40:55D-10.3.

Technical analysis. Upon submission of an application for general development plan approval to the Land Use Board, the applicant shall, simultaneously therewith, submit a copy of receipt of a copy of the application by the Land Use Board Secretary, the Land Use Board or a subcommittee thereof (if same shall exist), shall meet with the developer and the developer's experts within such reasonable time thereafter as shall be agreed upon between the Land Use Board (or its subcommittee) and the developer, for the purpose of reviewing:

The traffic circulation plan;

The stormwater management plan; and

The environmental impact statement.

Technical report submitted to Land Use Board. A subcommittee shall submit a report of its technical analysis to the full Land Use Board within 45 days of submission of complete application by the applicant. The review of the technical coordinating Committee shall be based upon the design standards set forth in this subsection and any other applicable recognized professional engineering standards.

Land Use Board review. The Land Use Board shall schedule hearings on the application for general development plan approval at the time the application is deemed complete by the Board.

The Land Use Board shall begin its review with an analysis of:

(a)

The land use element of the overall development plan; and

(b)

The open space element of the overall development plan.

Upon receipt of the report of the technical coordinating Committee, the Land Use Board shall review the recommendations contained in the report in connection with:

(a)

The traffic circulation plan;

(b)

The stormwater management plan; and

(c)

The environmental impact statement.

The Land Use Board shall expedite review of all general development plan application submitted pursuant to the provisions hereof, including but not limited to (a) giving priority to hearings on such applications over applicants not providing a component of Greenwich Township's fair share of low- and moderate-income housing and (b) holding special meetings, if it is reasonably feasible for the Land Use Board to do so and upon the request of the applicant, at the expense of the applicant.

Action by the Land Use Board. The Land Use Board shall prior to approving any planned development as provided herein, find the following facts and make the following conclusions:

That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the zoning ordinance standards pursuant to N.J.S.A. 40:55D-65c;

That the proposals for maintenance and conservation of the common open space are reliable, and the amount, location and purpose of the common open space are adequate to protect the public health and safety, to promote the general welfare and to accomplish the purposes for which the common open space was created.

That provisions through the physical design of the proposed development for public services, control over vehicular and pedestrian traffic, and the amenities of light and air, recreation and visual enjoyment are adequate;

That the proposed planned development will not have an unreasonably adverse or reasonably avoidable adverse impact upon the area in which it is proposed to be established;

In the case of a proposed development which contemplates construction over a period of years, that the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development are adequate.

[Ord. No. 1989-8; Ord. No. 1990-11 § 2]

General development plan approval shall confer upon the applicant the following rights and obligations until the entire planned development is fully developed:

That the general terms and conditions upon which approval has been granted, including, but not limited to, on-tract or off tract improvement requirements, shall not be changed;

That the provisions of this subsection effective on the date of approval with respect to permitted uses, permitted densities, parking requirements and layout and design standards shall not be changed.

The terms of the effect of any general development plan approval shall be determined by the Land Use Board using the guidelines set forth in this subsection, except that the term of the effect of the approval shall not be less than six years nor exceed 20 years from the date upon which the developer receives final approval of the first section of the planned development.

[Amended by Ord. No. 2014-02]

In making its determination regarding the duration of the effect of approval of the general development plan, the Land Use Board shall consider the number of dwelling units to be constructed, prevailing economic development and the likelihood of its fulfillment, the developer's capability of completing the proposed development, and the contents of the general development plan and any conditions which the Land Use Board attaches to the approval thereof, and the terms of the May 19, 1989 Developer's Agreement.

Approval of preliminary and final site plan and/or subdivision applications which may be submitted from time to time for portions of the general development plan shall be granted upon proof of compliance with the approved Overall Development Plan and with the permitted uses, densities and development standards set forth in this subsection as of the date of approval of the Planned Development Zone. Notwithstanding the above, the applicant may be required by the Land Use Board to post any performance or maintenance guarantees and pay any inspection fees permitted by statute in accordance with N.J.S.A. 40:55D-53 and required by ordinance.

[Amended by Ord. No. 2014-02]

Modification of timing schedule. In the event that the developer seeks to substantially modify the proposed timing schedule, such modification shall require the approval of the Land Use Board. The Land Use Board shall, in deciding whether or not to grant approval of the modification, take into consideration prevailing economic and market conditions, anticipated and actual needs for residential units and nonresidential space within the municipality and the region, the availability and capacity of public facilities to accommodate the proposed development and the terms of the municipal development agreement and the terms of any grant of substantive certification.

[Amended by Ord. No. 2014-02]

[Ord. No. 1989-8; amended by Ord. No. 1990-11 § 2; Ord. No. 2014-02]

Except as provided hereunder, the developer shall be required to gain the prior approval of the Land Use Board if, after approval of the general development plan, the developer wishes to make any substantial variation in the location of land uses within the planned development or to substantially increase the density of residential development or the floor area ratio of nonresidential development in any section of the planned development.

Except as provided hereunder, once a general development plan has been approved by the Land Use Board, it may be substantially amended or revised only upon application by the developer approved by the Land Use Board.

A developer, without violating the terms of the approval pursuant to this subsection, may, in undertaking any section of the planned development, reduce the number of residential units or amounts of nonresidential floor space by no more than 15% or reduce the residential density or nonresidential floor area ratio by no more than 15%; provided, however, the developer may not reduce the number of residential units to be provided pursuant to the Township's fair share plan approved by the council on affordable housing, without prior municipal approval.

[Ord. No. 1989-8; Ord. No. 1990-11 § 2]

Upon the completion of each section of the development as set forth in the approved general development plan, the developer shall notify the administrative officer, by certified mail, as evidence that the developer is fulfilling his obligations under the approved plan. For purposes of this subsection "completion" of any section of the development shall mean that the developer has acquired a certificate of occupancy for every residential unit or every nonresidential structure. If the municipality does not receive such notification at the completion of any section of the development, the municipality shall notify the developer, by certified mail, in order to determine whether or not the terms of the approved plan are being complied with.

If a developer does not complete any section of the development within eight months of the date provided for in the approved plan, or if at any time the municipality has cause to believe that the developer is not fulfilling his obligations pursuant to the approved plan, the municipality shall notify the developer, by certified mail, and the developer will have 10 days within which to give evidence that he is fulfilling his obligations pursuant to the approved plan. Delay resulting from delay in availability of utilities' shall not constitute grounds for termination. The municipality thereafter shall conduct a hearing to determine whether or not the developer is in violation of the approved plan. If, after such a hearing, the municipality finds good cause to terminate the approval, it shall provide written notice of same to the developer and the approval shall be terminated 30 days thereafter provided such action is not inconsistent with the terms of the municipal development agreement or any grant of substantive certification.

In the event that a developer who has general development plan approval does not make an application for preliminary approval for the first section of the planned development which is the subject of that general development plan approval within five years of the date upon which the general development plan has been approved by the Land Use Board, the municipality shall have cause to terminate the approval.

[Amended by Ord. No. 2014-02]

[Ord. No. 1989-8; Ord. No. 1990-11 § 2]

In the event that a development which is the subject of an approved general development plan is completed before the end of the term of the approval, the approval shall terminate with the completion of the development. For the purposes of this subsection, a development shall be considered complete on the date upon which a certificate of occupancy has been issued for the final residential or nonresidential structure in the last section of the development in accordance with the timing schedule set forth in the approved general development plan and the developer has fulfilled all of his obligations pursuant to the approval.

[Ord. No. 1989-8; Ord. No. 1990-11 § 2]

Principal uses.

Affordable Housing District (See Greenwich Township Zoning Map).

(a)

Single-family detached dwellings.

(b)

Patio Homes.

(c)

Duplex dwellings, including low- and moderate-income housing.

(d)

Public or private parks and playgrounds.

(e)

Public or private recreation buildings and facilities.

(f)

Public utilities.

B-2 District (See Greenwich Township Zoning Map).

(a)

All uses and activities permitted in the B-2 Highway Business Zone on the date this subsection takes effect.

Accessory uses and structures.

Garages and Off-Street Parking Facilities.

Storage and Maintenance Buildings.

All uses and structures customarily incidental to and supportive of the principal permitted uses, or combination thereof approved as part of the site plan for the development.

Renewable energy facilities, pursuant to Section 16-4.19 of the Greenwich Township Land Use Code.

[Added by Ord. No. 2010-06;[1] amended by Ord. No. 2011-09; Ord. No. 2012-06]

[1]

Editor's Note: This ordinance also provided for the renumbering of former Subsection b4 as Subsection b5.

Sign types.

(a)

For purposes of this subsection, all signs related to the PD development shall be in conformance with existing Greenwich Township Revised General Ordinances, § 16-11.

(b)

Additional general design requirements in addition to § 16-11.

(1)

The area of a sign shall be measured around the outside edges of a framed or enclosed sign or by the area utilized by isolated words and/or symbols, including the background, whether open or enclosed, but said area shall not include any supporting framework and bracing incidental to the display itself.

(2)

Maintenance. Signs must be constructed of durable material, maintained in good condition and not become dilapidated or unsightly. The ground area beneath freestanding signs shall be kept neat and clean and any landscaping shall be maintained in good condition.

[Ord. No. 1989-8; Ord. No. 1990-11 § 2]

Development in the PD Zone shall be served by public water and sewerage systems, including the provision of such service to all single-family detached dwellings located therein, without regard to the minimum size of the individual lot.

Freshwater wetlands shall be protected in accordance with the New Jersey "Freshwater Wetlands Protection Act."

Density. In a PD there shall be not more than three dwelling units for each gross acre of said PD which, in addition to the land covered by buildings, includes streets, easements and open space portions of the development. Density averaging shall be permitted as defined in Subsection 16-3.3 of this Zoning Chapter.

Maximum gross densities within a PD for each residential use type shall be as follows:

Single-family detached - two dwelling units per acre (max)	2 DU/AC (max)
Patio Homes - five dwelling units per acre (max)	5 DU/AC (max)
Duplexes - 10 dwelling units per acre (max)	10 DU/AC (max)

(Reserved)

The PD site shall have a minimum of 150 feet frontage on a public street.

No building, private driveway or parking area shall be located within 50 feet of any external boundary of the overall site of a PD. No building or structure other than entrance gatehouses, fences, or freestanding walls shall be located within said setback area.

Coverage. The maximum coverage by buildings shall not exceed 50% of the gross area of each residential section. The maximum coverage by all impervious surfaces, including buildings, shall not exceed 70% of each individual building lot.

Building height. No building shall exceed a height of 2 1/2 stories or 35 feet in height.

Residential unit mix. In the PD option there shall be a mix of residential housing types. In the PD option district 200 single-family detached homes on lots of 13,000 square feet or greater shall be permitted. Three hundred patio homes on lots of 5,000 square feet or greater shall be permitted. Notwithstanding anything to the contrary, in the event there is significant change in market conditions, and subject to the determination thereof and the approval thereof by the Land Use Board, a maximum of 10% of the total units may be converted from patio style to single-family homes or from single-family homes to patio style homes. A maximum of 70 low- and moderate-income duplex units on lot of 5,000 square feet or greater for each two unit building shall also be permitted. Thirty-five of the duplexes shall be low-income units and 35 of them shall be moderate income units.

[Amended by Ord. No. 2014-02]

For purposes of this subsection, roadways within the Affordable Housing District, shall have the following minimum right-of-way and cartway widths:

	Major Roadways Public	Minor Roadways Public
Right-of-way	52 feet	52 feet
Cartways	32 feet	30 feet

In all other respects, public roadways shall be designed and constructed in accordance with the right-of-way widths, cartway widths, pavement specifications and other design considerations contained in the Greenwich Township Streets and Roads Ordinance which is in effect on the date of adoption of ordinance.*

In the event that the applicant pursuant to N.J.S.A. 40:55D-45.3a does not submit a general development plan to the Land Use Board prior to seeking preliminary approval pursuant to N.J.S.A. 40:55D-46 or 48, the Land Use Board in determining the period of time for such approval pursuant to N.J.S.A. 40:55D-49d shall take into consideration the provisions of paragraph 4g of the May 19, 1989 Developer's Agreement. The Board in reviewing such application shall comply with the provisions of Subsections 16-15.5.21e and f.

[Amended by Ord. No. 2014-02]

Each single-family home, patio home and duplex shall have a basement.

Notwithstanding the above, the development requirements in that portion of the B-2 District designated within the PDZ on the Greenwich Township Zoning Map shall be those set forth in the Greenwich Township Zoning Ordinance for the B-2 Highway Business Zone in effect on the date this ordinance takes effect.[1] Furthermore, in the event that the applicant does not submit a general development plan for that portion of the B2 District designated within the PDZ, the applicant may, at the option of the applicant, develop said property pursuant to planned development or conventional site plan applications and approvals.

[1]

Editor's Note: This subsection was adopted by Ordinance No. 1990-11, July 26, 1990 and became effective pursuant to law.

[Ord. No. 1989-8; Ord. No. 1990-11 § 2]

Single-family detached.

Lot area (min.): 13,000 square feet.

Lot width (min.): 90 feet.

Lot depth (min.): 125 feet.

Front yards (min.): 30 feet.

Side yards (min.): 10 feet one side 25 feet combined.

Rear yard (min.): 40 feet.

Lot width at cul-de-sac: 90 feet at building setback line.

Patio homes.

Lot area (min.): 5,000 square feet.

Lot width (min.): 50 feet.

Lot depth (min.): 80 feet.

Front yard (min.): 25 feet.

Side yards (min.): zero feet one side 15 feet combined.

Rear yard (min.): 15 feet.

Lot width at cul-de-sac (min.): 50 feet at building setback line.

Duplexes.

Lot area/bldg. (min.): 5,000 square feet.

Lot width (min.): 50 feet.

Lot depth (min.): 80 feet.

Front yard (min.): 25 feet.

Side yards (min.): zero feet one side 15 feet combined.

Rear yard (min.): 15 feet.

Lot width at cul-de-sac (min.): 50 feet at building setback line

Notwithstanding anything to the contrary in Subsection 16-15.5.5b., no patio or duplex shall have a zero-foot side yard setback on adjacent lots.

[Ord. No. 1989-8; Ord. No. 1990-11 § 2]

Bedroom distribution. An applicant shall comply with the following distribution:

At a minimum, 35% of all low- and moderate-income units shall be two bedroom units; and

At a minimum, 15% of all low- and moderate-income units shall be three bedroom units; and

No more than 20% of all low- and moderate-income units may be efficiency units.

Each dwelling unit shall have the following minimum net habitable floor area:

Duplexes
1 Bedroom	550 square feet
2 Bedroom	660 square feet
3 Bedroom	850 square feet

Initial pricing.

The applicant shall provide that the initial price of a low- and moderate-income owner-occupied single-family housing unit be established so that after a down payment of 10%, the monthly principal, interest, taxes, insurance and condominium fees do not exceed 28% of an eligible gross monthly income.

The applicant shall provide that rents, excluding utilities, be set so as not to exceed 30% of the gross monthly income of the appropriate household size. Maximum rent shall be calculated as a percentage of the uncapped Section 8 income limit or other recognized standard adopted by the council that applies to the rental housing unit.

The following criteria shall be considered in determining rents and sale prices:

(a)

Efficiency units shall be affordable to one-person households;

(b)

One-bedroom units shall be affordable to two-person households;

(c)

Two-bedroom units shall be affordable to three-person households;

(d)

Three-bedroom units shall be affordable to five-person households; and

(e)

Four-bedroom units shall be affordable to seven-person households.

The applicant shall provide that rents, including an allowance for utilities consistent with the personal benefit expense allowance for utilities as defined by HUD or a similar allowance approved by the council, be set so as not to exceed 30% of the gross monthly income of the appropriate household size as outlined in paragraph c.2 above.

Housing units that satisfy the criteria in paragraphs c.1 through c.4 above shall be considered affordable.

Median income by household size shall be established by the uncapped Section 8 income limits, published by HUD, as defined in Subchapter 1 or other recognized standard adopted by the council that applies to the rental housing unit or sales unit.

For purposes of this subsection, "low-income household" and "moderate income household" shall comply with the definitions of "low-income family" and "moderate income family" respectively, as defined in Subsection 16-3.3.

Low- and moderate-income housing units shall be zero lot line duplexes without a common wall situated on the development tract in locations no less desirable than the other dwelling units within the development, and shall be at least equally accessible to common open space, community facilities and shopping facilities as other market rate housing units.

Any submitted site plan shall indicate the number, unit plan, and location of the low- and moderate-income units within the development.

The applicant shall submit, with the application for development, a narrative description of the mechanism to be used to insure that the required affordable dwelling units are rented or sold only to low- and moderate-income households and that such units will continue to be occupied by low- and moderate-income households for a period not less than 20 years. In addition to such description, actual samples of language to be included in the nature of covenants shall be submitted for review and approval. All covenants and deeds shall comply with the recapture regulations of the council on affordable housing published in the July 17, 1989 New Jersey Register and with any form deed required by COAH.

The submitted description shall indicate the entity or entities responsible for monitoring the occupancy of the low- and moderate-income units and shall provide a detailed discussion concerning resales, permitted increases in price, prequalification of occupants and other relevant considerations. The applicant shall indicate whether it will administer controls on initial occupancies, contract with the New Jersey Housing Mortgage Finance Agency or with a municipal agency or its designee. The same indication shall be made for subsequent resales, provided that the seller of the resale unit shall bear the cost of the resale review and approval.

Final approval shall not be granted for any residential section of any planned development unless the following phasing plan for the construction and occupancy of required low- and moderate-income units to market dwelling units have been adhered to in each individual planned development:

Minimum Percentage of Low- and Moderate-income Units Completed	Percentage of Market Housing Units Competed
0	25
10	25 + 1 unit
50	50
75	75
100	100

A "range of affordability" for housing units created shall be provided in accordance with N.J.A.C. 5:92-14.2.

A "set aside" for housing units restricted for occupancy to senior citizens shall be provided in accordance with N.J.A.C. 5:92-14.3.

The applicant shall provide for a preference for residents of Greenwich Township to the extent permitted under COAH regulations. N.J.A.C. 5:92-15.1.

All affordable housing units created must abide by applicable affirmative marketing regulations N.J.A.C. 5:92-15.2.

[Ord. No. 1989-8; Ord. No. 1990-11 § 2]

Parking shall be provided for all residential uses as follows:

Single-family detached	2 SP/DU
Patio homes	2 SP/DU
Duplexes	1.5 SP/DU

All required parking for dwelling units shall be provided off-street. Parking spaces located in garaged areas shall be included in the calculation of required parking spaces (for two-car garage - 1 garage space can be counted; for one-car garage it will not be counted).

[Ord. No. 1989-8; Ord. No. 1990-11 § 2]

Land area equal to a minimum of 15% of the tract of land proposed for the planned development shall be specifically set-aside for conservation, open space, flood plain, wetlands, easements and storm drainage basins, recreation and/or other open space. Land utilized for street rights-of-way shall not be included as part of the above 15%.

In its preparation of the set-aside open space and the purposes proposed for its use, the developer shall be guided by the recommendations contained within the Township Master Plan prepared by the Land Use Board, the environmental characteristics of the land, and the anticipated demographics of the resident population. High priority concerns include:

[Amended by Ord. No. 2014-02]

The location and construction of adequate recreational facilities throughout the project.

The conservation of stream rambles throughout the project for passive recreational use, thereby forming connective links for pedestrian travel.

The protection of environmentally fragile and important resource land areas, including aquatic buffer areas, flood plains, wetlands, and treed acreage.

The common open space shall be distributed throughout the development so that as many residential lots as is practicable abut and have access to the common open space.

Open space will be deeded to the Township or dedicated to an open space organization or trust, with incorporation and bylaws to be approved by the Land Use Board. If common open space is not dedicated to the Township, the developer shall provide for and establish an open space organization or trust for the ownership and maintenance of the common open space. Such organization or trust shall not be dissolved, nor shall it dispose of any common open space by sale or otherwise.

[Amended by Ord. No. 2014-02]

If the applicant proposes that the open space shall be dedicated to the Township, then the Land Use Board shall forward such request with its recommendation to the Township Committee prior to the granting of preliminary plan approval of any development application containing such open space.

All lands not offered to and/or not accepted by the Township shall be owned and maintained by an open space organization or trust as provided in N.J.S.A. 40:55D-43 and stipulated herein.

In the event that the organization created for common open space management shall fail to maintain any open space or recreation area in a reasonable order and condition in accordance with the approved site plan, the Township may serve notice upon such organization or upon the owners of the development, setting forth the manner in which the organization has failed to maintain such areas in reasonable conditions, and said notice shall include a demand that such deficiencies of maintenance be cured within 35 days thereof and shall set the date and place of a hearing thereon which shall be held within 15 days of the notice. At such hearing the Township may modify the terms of the original notice as to the deficiencies and may give an extension of time not to exceed 65 days, within which time the deficiencies shall be cured.

If the deficiencies set forth in the original notice or in modifications thereof shall not be cured within said 35 days or any extension thereof, the Township, in order to preserve the common open space and maintain the same for a period of one year, may enter upon and maintain such land. Said entry and said maintenance shall not vest in the public any rights to use the open space and recreation areas except when the same is voluntarily dedicated to the public by the owners.

The cost of such maintenance by the Township shall be assessed pro rata against the properties within the development that have a right of enjoyment of the open space in accordance with the 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 enforced and collected with interest by the Township in the same manner as other taxes.

Any open space organization or trust initially created by the developer shall clearly describe in its bylaws the rights and obligations of the homeowners and tenants in the residential development and the articles of incorporation of the organization shall be submitted for review by the Land Use Board prior to the granting of final approval by the Township.

[Amended by Ord. No. 2014-02]

[Ord. No. 1989-8; Ord. No. 1990-11 § 2]

The provisions of this subsection shall be liberally construed and interpreted in order to facilitate the Township's implementation of its Fair Share Plan.

[Ord. No. 1989-8; amended by Ord. No. 1990-11 § 2; Ord. No. 2014-02]

This subsection shall take effect after final passage and publication and the filing of same in the offices of the Warren County Land Use Board as required by law.

[Ord. No. 1992-8]

The purpose of the Planned Development Single-family Zone (PDSFZ) (hereinafter PDSFZ) is to implement the Greenwich Township Master Plan in a manner which promotes flexibility, economy and environmental soundness in the layout and design of development and to provide a transition zone adjacent to the PD Zone.

[Ord. No. 1992-8]

Application for development within the affordable housing district and that portion of the B-2 District designated within the PDSF Zone may, in accordance with N.J.S.A. 40:55D-45.3, be made at the option of the applicant in accordance with the regulations and procedures described in this subsection pertaining to General Development Plan.

[Ord. No. 1992-8]

Land Use Board review. The Land Use Board shall review an application for general development approval of a planned development within the PDSF Zone in the following manner:

[Amended by Ord. No. 2014-02]

Notice. Public notice of a hearing of an application for Planned Development shall be given as required by statute in accordance with N.J.S.A. 40:55D-12.

Time for action. Upon submission to the administrative officer of a complete general development plan application for planned development, the Land Use Board shall grant or deny general development plan approval within 95 days of the date of submission or within such further time as may be consented to by the applicant pursuant to N.J.S.A. 40:55D-45 et seq. Failure of the Board to act within the prescribed time shall constitute approval.

Preliminary and final approval shall be required for each development section as per Township ordinances.

A complete application in a form established by the Land Use Board, containing the following minimum information:

[Amended by Ord. No. 2014-02]

(a)

The name of the developer.

(b)

A signed statement of the developer affirming compliance with the minimum criteria for planned development contained in this subsection.

(c)

Proof that the property taxes pertaining to the subject property have been paid to date.

(d)

A corporate or partnership disclosure statement, where applicable, in accordance with the provisions of N.J.S.A. 40:55D-48.1 and 40:55D-48.2

(e)

The following fees shall be required of the applicant:

(1)

Two hundred fifty dollars application fee, plus.

(2)

Fifty dollars per dwelling unit proposed. (Affordable Housing Units at no cost).

(3)

Provided, however, that if the Land Use Board shall determine that the fees provided for herein are adequate to cover the actual costs of administration of the application the developer shall be obligated to pay such additional fees as are necessary to cover the reasonable costs of administration. Where review costs exceed, or are anticipated to exceed the application fee, the applicant shall pay the additional amount prior to signing of plan or release of any resolution. Where the review fees cost less than the application fee, the difference shall be refunded to the applicant if so requested.

[Amended by Ord. No. 2014-02]

An overall development plan consisting of the following:

(a)

A land use plan, at a scale of 1 inch equals 100 feet indicating the tract area and general locations of the land uses to be included in the planned development. The total number of dwelling units and amount of nonresidential floor area to be provided and proposed land area to be devoted to residential and nonresidential use shall be set forth. In addition, the proposed types of nonresidential uses to be included in the planned development shall be set forth, and the land area to be occupied by each proposed use shall be estimated. The density and intensity of use of the entire planned development shall be set forth, and a residential density and a nonresidential floor area ratio shall be provided.

(b)

(c)

A stormwater management plan, indicating the proposed method of controlling and managing stormwater on site.

(d)

(e)

(f)

A utility plan, indicating the need for and showing the proposed location of sewage and water lines, any drainage facilities necessitated by the physical characteristics of the site, proposed methods for handling solid waste disposal and a plan for the operation and maintenance of proposed utilities.

(g)

A community facility plan indicating the scope and type of supporting community facilities which may be provided within the proposed development.

(h)

A housing plan outlining the number of housing units to be provided.

(i)

(j)

(k)

A municipal development agreement between the municipality and the developer relating to the planned development as executed on May 19, 1989.

The items listed in sections 16-15.5.2.b.1 and b.2 above shall constitute the submissions required to be enumerated on a checklist supplied to the applicant as per the provisions of N.J.S.A. 40:55D-10.3.

[Amended by Ord. No. 2014-02]

The traffic circulation plan;

The stormwater management plan; and

The environmental impact statement.

Technical report submitted to the Land Use Board. A subcommittee shall submit a report of its technical analysis to the full Land Use Board within 45 days of submission of complete application by the applicant. The review of the technical coordinating Committee shall be based upon the design standards set forth in this subsection and any other applicable recognized professional engineering standards.

[Amended by Ord. No. 2014-02]

Land Use Board review. The Land Use Board shall schedule hearings on the application for general development plan approval at the time the application is deemed complete by the Board.

[Amended by Ord. No. 2014-02]

The Land Use Board shall begin its review with an analysis of:

(a)

The land use element of the overall development plan; and

(b)

The open space element of the overall development plan.

Upon receipt of the report of the Technical Coordinating Committee, the Land Use Board shall review the recommendations contained in the report in connection with:

(a)

The traffic circulation plan;

(b)

The stormwater management plan; and

(c)

The environmental impact statement.

The Land Use Board shall expedite review of all general development plan application submitted pursuant to the provisions hereof, including but not limited to (a) giving priority to hearings on such applications over applicants not providing infrastructure relating to Greenwich Township's affordable housing zone and (b) holding special meetings, if it is reasonably feasible for the Land Use Board to do so and upon the request of the applicant, at the expense of the applicant.

Action by the Land Use Board. The Land Use Board shall prior to approving any planned development as provided herein, find the following facts and make the following conclusions:

[Amended by Ord. No. 2014-02]

Adverse impact upon the area in which it is proposed to be established;

[Ord. No. 1992-8]

General development plan approval shall confer upon the applicant the following rights and obligations until the entire planned development is fully developed:

That the general terms and conditions upon which approval has been granted, including, but not limited to, on tract or off tract improvement requirements, shall not be changed;

The term of the effect of any general development plan approval shall be determined by the Land Use Board using the guidelines set forth in this subsection, except that the term of the effect of the approval shall not be less than six years nor exceed 20 years from the date upon which the developer receives final approval of the first section of the planned development.

[Amended by Ord. No. 2014-02]

Approval of preliminary and final site plan and/or subdivision applications which may be submitted from time to time for portions of the general development plan shall be granted upon proof of compliance with the approved overall development plan and with the permitted uses, densities and development standards set forth in this subsection as of the date of approval of the Planned Development Zone. Notwithstanding the above, the applicant may be required by the Land Use Board to post any performance or maintenance guarantees and pay any inspection fees permitted by statute, in accordance with N.J.S.A. 40:55D-53 and required by ordinance.

[Amended by Ord. No. 2014-02]

[Ord. No. 1992-8; amended by Ord. No. 2014-02]

[Ord. No. 1992-8]

Upon the completion of each section of the development as set forth in the approved general development plan, the developer shall notify the administrative officer, by certified mail, as evidence that the developer is fulfilling his obligations under the approved plan. For purposes of this section "completion" of any section of the development shall mean that the developer has acquired a certificate of occupancy for every residential unit. If the municipality does not receive such notification at the completion of any section of the development, the municipality shall notify the developer, by certified mail, in order to determine whether or not the terms of the approved plan are being complied with.

If a developer does not complete any section of the development with eight months of the date provided for in the approved plan, or if at any time the municipality has cause to believe that the developer is not fulfilling his obligations pursuant to the approved plan, the municipality shall notify the developer, by certified mail, and the developer will have 10 days within which to give evidence that he is fulfilling his obligations pursuant to the approved plan. Delay resulting from delay in availability of utilities shall not constitute grounds for termination. The municipality thereafter shall conduct a hearing to determine whether or not the developer is in violation of the approved plan. If, after such a hearing, the municipality finds good cause to terminate the approval, it shall provide written notice of same to the developer and the approval shall be terminated 30 days thereafter provided such action is not inconsistent with the terms of the Municipal Development Agreement or any grant of substantive certification.

[Amended by Ord. No. 2014-02]

[Ord. No. 1992-8]

In the event that a development which is the subject of an approved general development plan is completed before the end of the term of the approval, the approval shall terminate with the completion of the development. For the purposes of this section, a development shall be considered complete on the date upon which a certificate of occupancy has been issued for the final residential or nonresidential structure in the last section of the development in accordance with the timing schedule set forth in the approved general development plan and the developer has fulfilled all of his obligations pursuant to the approval.

[Ord. No. 1992-8]

Principal uses.

Single-family detached dwellings.

Patio homes.

Public or private parks and playgrounds.

Public or private recreation buildings and facilities.

Public utilities.

Accessory uses and structures.

Garages and off-street parking facilities.

Storage and maintenance buildings.

All uses and structures customarily incidental to and supportive of the principal permitted uses, or combination thereof approved as part of the site plan for the development.

Renewable energy facilities, pursuant to Section 16-4.19 of the Greenwich Township Land Use Code.

[Added by Ord. No. 2010-06;[1] amended by Ord. No. 2011-09; Ord. No. 2012-06]

[1]

Editor's Note: This ordinance also provided for the renumbering of former Subsection b4 as Subsection b5.

Sign types.

(a)

For purposes of this subsection, all signs related to the PDSF development shall be in conformance with existing Greenwich Township Ordinance § 16-11.

(b)

Additional general design requirements in addition to § 16-11.

(1)

The area of a sign shall be measured around the outside edges of a framed or enclosed sign or by the area utilized by isolated words and/or symbols, including the background whether open or enclosed, but said area shall not include any supporting framework and bracing incidental to the display itself.

(2)

Maintenance. Signs must be constructed of durable material; maintained in good condition and not become dilapidated or unsightly. The ground area beneath freestanding signs shall be kept neat and clean and any landscaping shall be maintained in good condition.

[Ord. No. 1992-8]

Development in the PDSF Zone shall be served by public water and sewerage systems, including the provisions of such service to all single-family detached dwellings located therein, without regard to the minimum size of the individual lot.

Freshwater wetlands shall be protected in accordance with the New Jersey "Freshwater Wetlands Protection Act."

Density. In a PDSF there shall be not more than one dwelling unit for each gross acre of said PDSF which, in addition to the land covered by buildings, includes streets, easements and open space portions of the development and any other dedicated lands for a total of no less and no more than 240 units. Density averaging shall be permitted as defined in Subsection 16-3.3 of this Zoning Ordinance.

Maximum gross densities within a PDSF for each residential use type shall be as follows:

Single-family detached-two dwelling units per acre (max)	2 DU/AC (max)
Patio homes-five dwelling units per acre (max)	5 DU/AC (max)

The PDSF site shall have a minimum of 150 feet frontage on a public street.

No building, private driveway or parking area shall be located within 50 feet of any external boundary of the overall site of a PDSF. No building or structure other than entrance gatehouses, fences or freestanding walls shall be located within said setback area.

Building height. No building shall exceed a height of 2 1/2 stories or 35 feet in height.

For purposes of this ordinance section, roadways within the Affordable Housing District shall have the following minimum right-of-way and cartway widths:

	Major Roadways Public	Minor Roadways Public
Right-of-way	52 feet	52 feet
Cartway	32 feet	30 feet

Single-family detached.

Lot area (min.): 13,000 square feet.

Lot width (min.): 90 feet.

Lot depth (min.): 125 feet.

Front yard (min.): 30 feet.

Side yards (min.): 10 feet one side - 25 feet combined.

Rear yard (min.): 40 feet.

Lot width at cul-de-sac: 90 feet at building setback line.

Patio homes.

Lot area (min.): 5,000 square feet.

Lot width (min.): 50 feet.

Lot depth (min.): 80 feet.

Front yard (min.): 25 feet.

Side yards (min.): zero feet one side - 15 feet combined.

Rear yard (min.): 15 feet.

Lot width at cul-de-sac (min.): 50 feet at building setback line.

[Ord. No. 1992-8]

Parking shall be provided for all residential uses as follows:

Single-family detached	2 SP/DU
Patio homes	2 SP/DU

All required parking for dwelling units shall be provided off-street. Parking spaces located in garaged areas shall be included in the calculation of required parking spaces (for two-car garage - one garage space can be counted. For one-car garage it will not be counted.)

[Ord. No. 1992-8]

Land area equal to a minimum of 15% of the tract of land proposed for the planned development shall be specifically set aside for conservation, open space, flood plain, wetlands, easements and storm drainage basins, recreation and/or other open space. Land utilized for street right-of-way shall not be included as part of the above 15%.

In its preparation of the set-aside open space and the purposes proposed for its use, the developer shall be guided by the recommendations contained within the Township master plan prepared by the Land Use Board, the environmental characteristics of the land, and the anticipated demographics of the resident population. High priority concerns include:

[Amended by Ord. No. 2014-02]

The location and construction of adequate recreational facilities throughout the project;

The conservation of stream rambles throughout the project for passive recreational use, thereby forming connective links for pedestrian travel;

The protection of environmentally fragile and important resource land areas, including aquatic buffer areas, flood plains, wetlands, and treed acreage.

The common open space shall be distributed throughout the development so that as many residential lots as is practicable abut and have access to the common open space.

[Amended by Ord. No. 2014-02]

All lands not offered to and/or not accepted by the Township shall be owned and maintained by an open space organization or trust as provided in N.J.S.A. 40:55D-43 and stipulate herein.

[Amended by Ord. No. 2014-02]

[Ord. No. 1992-8]

The provisions of this subsection shall be liberally construed and interpreted in order to facilitate the Township's implementation of its Fair Share Plan.

[Ord. No. 1992-8]

This subsection shall take effect after final passage and publication and the filing of same in the offices of the Warren County Planning Board as required by law.

[Ord. No. 12/29/75 A.XVI § 16.1]

In the R-75 Single-family Residential Zone no lot shall be used or no structure shall be erected, altered or occupied for any person except the following:

Detached single-family dwelling and the accessory structures and uses normally auxiliary thereto.

The offices of a member of a recognized profession who is in residence on the lot and providing that not more than 25% of the habitable floor space is in office space.

Home occupations provided that:

Noise or other objectionable characteristic incident thereto shall not be discernible beyond the confines of the structure.

The total floor area including accessory structures devoted to any permitted home occupation shall not exceed 25% of the habitable floor area of the principal dwelling on the lot.

Parks and playgrounds not operated for profit.

Public buildings, including public schools but not including correctional institutions or hospitals exclusively for the isolation of contagious diseases or for the insane.

Eleemosynary, charitable and philanthropic institutions.

Churches, provided that one off-street parking space shall be provided for each five person seating capacity.

Nonprofit parochial and private schools of an academic nature.

Not more than three garages for the motor vehicles owned by the resident family members, provided that not more than one commercial vehicle shall be stored in such facility.

[1]

Editor's Note: Refer to § 16-20 for "Right to Farm."

[Ord. No. 12/29/75 A.XVI § 16.2]

Any use other than those uses listed in Subsection 16-16.1 is prohibited.

[Ord. No. 12/29/75 A.XVI § 16.3]

Except as provided in Subsection 16-16.4, the following requirements shall be complied with in the R-75 Single-Family Residential Zone:

Minimum lot area. Each lot shall have an area of not less than 7,500 square feet measured within 100 feet of the front street property line, provided, however, on a cul-de-sac or curved street each lot shall have a frontage along the front street property line of at least 50 feet and a lot width of at least 75 feet measured along a line 25 feet from the front street property line.

Minimum depth of front yard. All buildings and structures shall setback a minimum of 25 feet from the front street line. In lieu of the minimum front yard depths required by this chapter, when 25% of the block frontage within 200 feet of a proposed building is already improved with buildings, the front yard depth at the front of a proposed building:

Shall conform to the average alignment of the two nearest buildings within such 200 feet, in cases where such average alignment exceeds the minimum front yard depth required in the zone within which such proposed building is situated, provided, however, that in no case shall the depth of such front yard be required to exceed such minimum depth by more than 10 feet.

May conform to the average alignment of the two nearest buildings within such 200 feet, in cases where such average alignment is less than the minimum front yard depth required in the zone within which such proposed building is situated, provided, however, that in no case shall such front yard have a depth of less than 10 feet.

Accessory buildings and structures shall conform to the front yard setback specified in Subsection 16-5.1 which such restrictions are more strict than the ones set forth in this section.

Minimum width of side yard. All buildings and structures, except accessory buildings and structures, shall be set back a minimum of 10 feet from the side property lines.

[Amended 4-19-2018 by Ord. No. 2018-01]

Minimum depth of rear yard. All buildings and structures, except accessory buildings and structures, shall set back a minimum of 35 feet from the rear property line.

[Amended 4-19-2018 by Ord. No. 2018-01]

Maximum building depth. No building or structure shall exceed a maximum of 2 1/2 stories or 35 feet.

Maximum lot coverage. No more than 20% of the area of a lot shall be covered by buildings or structures.

[Ord. No. 12/29/75 A.XVI § 16.4]

Uses specified in Subsection 16-16.1, paragraphs e, f, g and h, shall comply with the conditions required by Subsection 16-15.3.

[Ord. No. 1998-18]

This district is intended to provide an area for single-family development and uses that support a sense of community and to accommodate growth pressures from the R-7 area by being a receiving area for development that would otherwise eliminate areas of prime agricultural soils and the more rural and/or environmentally sensitive areas of Greenwich Township. In the Town Center District, the following regulations shall apply.

[Ord. No. 1998-18]

Agriculture and horticulture.

Forestry.

Agricultural sales/farm stands (see Subsection 16-3.3, Definitions, for additional conditions of this permitted use).

Christmas tree planting.

Plant nursery.

Single-family detached.

Rural estate residence (see Subsection 16-3.3, Definitions, for additional conditions of this permitted use).

Community center.

Municipal building and other public buildings.

Family day-care homes (see Subsection 16-3.3, Definitions, for additional conditions of this permitted use).

Community residences (see Subsection 16-3.3, Definitions, for additional conditions of this permitted use).

Single-family detached open space community (with or without transfer of development credits) (see Subsection 16-3.3, Definitions, for additional conditions of this permitted use).

Planned town center development.

[Ord. No. 1998-18]

Any of the following uses shall be considered permitted, provided that the conditions for conditional use approval have been met in accordance with § 16-19B, Conditional Uses, or as otherwise provided in this section:

Residential conversion.

Bed and breakfast.

Place of worship.

School.

Recreational facility.

Boarding.

Cemetery.

Home occupation.

Residential accessory structure.

Accessory residential dwelling unit.

[Ord. No. 1998-18]

Any use, other than those uses listed in subsections 16-16A.2 and 16-16A.3, is prohibited.

[Ord. No. 1998-18]

Permitted signs shall be those developed in accordance with § 16-11.

[Ord. No. 1998-18]

Refer to the Schedule of Required Area, Density, Open Space and Coverage Regulations for the TC Zone at the end of this chapter.

Refer to the Schedule of Required Area and Dimensional Regulations for the TC Zone at the end of this chapter.

[Ord. No. 1998-18]

Hamlet subdivision. An applicant may create a hamlet subdivision with residential lots having variable lot areas provided that:

The overall development density on the tract shall be no greater than one dwelling unit per three acres.

The minimum lot area shall be one acre and shall meet the bulk requirements for a residential lot in a single-family open space development. Lots with less than two acres shall be required to have public or community water service.

All lots greater than three acres in area in a conventional subdivision employing lot averaging shall be deed restricted against further subdivision.

The Land Use Board may require, in cooperation with the applicant, the reservation of equestrian trails across a hamlet subdivision tract where there is an adjacent approved or dedicated equestrian trail or where a trail has been so designated on an equestrian trail plan map approved by the Land Use Board.

[Amended by Ord. No. 2014-02]

The applicant may donate land area to the municipality for open space, park and other public uses in a hamlet subdivision. The overall development density shall remain at one dwelling unit per three acres. Land donated to the municipality shall count toward the calculation of development density.

[Ord. No. 1998-18; Ord. No. 2005-11]

Public or community water service is required.

Creation of agricultural open space. Up to 25% of the required open space required to be set aside in an open space community can be in the form of a farm owned and operated by an individual or corporation, provided that it is deed restricted in perpetuity against any further subdivision.

Provision of improved open space.

Twenty percent of the minimum required open space shall be set aside as improved open space accessible to the public or the homeowners' association. Improved open space is open space that is graded, landscaped and improved with recreation equipment, ballfields or a village commons with street furniture, decorative fencing, etc.

The creation of improved open space shall entitle each development to one additional dwelling unit per 50 acres of tract area.

Equestrian or walking trails should be set aside in each open space community subdivision as a portion of the open space accessible to the public or the homeowners' association.

Farmstead density bonus. See Subsection 16-13.8d.

Affordable housing growth share requirement.

Affordable housing shall be as defined under the FHA's and COAH's regulations. For every eight market-rate residential units constructed, one affordable housing unit shall be provided. For every fraction of an affordable housing unit generated under the growth share, one affordable housing unit shall be provided.

No density bonus shall be granted for the construction of the affordable housing units on-site, but the affordable housing units themselves shall not be included in the calculation of density for the purposes of this subsection.

The affordable housing unit(s) to be produced shall be available to a low-income individual or household should only one affordable housing unit be required. Thereafter, each of the affordable units shall be divided evenly between low- and moderate-income individuals and households; except in the event of the applicable formulas resulting in an odd number of affordable units, in which event the unit shall be a low-income residential unit.

All affordable units shall strictly comply with COAH's regulations and policies, including, but not limited to, pricing, phasing, bedroom distribution, controls on affordability, range of affordability, affirmative marketing, and income qualification.

It shall be the applicant's responsibility, at its sole cost and expense, to arrange for a COAH and Township approved qualification service to ensure full COAH compliance and to file such certifications, reports and/or monitoring forms as may be required by COAH or the Court to verify COAH compliance of each affordable unit.

[Ord. No. 1998-18]

A Planned Town Center Development of up to 1.5 dwelling units per acre may be permitted in the Town Center District with the inclusion of transfer of development credits from the Agricultural and Open Space Preservation Residential (R-7) District, provided that the following conditions are met:

There is public sewer and water service.

Density calculations. A receiving tract involved in a Planned Town Center Development shall be entitled to a base gross density of 0.3 dwelling unit per acre and can add additional dwelling units per acre through transfer of development credits up to a total gross density on the receiving tract of 1.5 dwelling units per acre. An additional dwelling unit can be added by rehabilitation of an existing farmstead residence. Sending tracts are entitled to a development transfer credit equal to a base gross density of 0.3 dwelling units per acre for agricultural and developable soils and 0.5 dwelling units for wetland soils.

Deed Restriction on Sending Area Properties. Density credit on receiving tracts shall only be given upon the condition that a restriction against further subdivision shall be placed on lands identified as sending properties.

One thousand square feet per unit in a Planned Town Center Development shall be set aside and developed as improved open space in the form of a town square and neighborhood plazas and recreation areas.

Two thousand square feet per unit in a Planned Town Carter Development shall be set aside for greenbelt, equestrian trails, preserved woodlands and critical environmental features.

Street Pattern and connectivity. The local street system of any proposed Planned Town Center Development shall be designed to be safe, efficient, convenient and attractive, considering use by all modes of transportation that will use the system (including, without limitation, cars, trucks, buses, bicycles, pedestrians and emergency vehicles). The street pattern should be in the form of a modified grid conforming to neotraditional town planning principles. The local street system shall provide multiple direct connections to and between local destinations such as parks, schools and shopping. Local streets must provide for both intra- and interneighborhood connections to knit developments together, rather than forming barriers between them. The street configuration within each parcel must contribute to the street system of the neighborhood. Sidewalks would be required on both sides of all streets in a Town Center Planned Development.

A minimum of 30% of the residential structures in a Planned Town Center Development shall be built with twelve-foot deep front porches. All residences facing a town square shall have a porch.

Residential garages in a Planned Town Center Development shall be designed according to the following regulations:

(a)

At least 30% shall be developed as side, rear detached or alley entered garages.

(b)

No more than 50% of the garages shall be two-car front entry.

(c)

All garages shall be set back 10 feet or more behind the front building facade.

(d)

No front garages for properties shall face directly on a town square.

Up to 10% of a Planned Town Center Development site area can be set aside for public uses and permitted conditional uses.

10.

Compactness and a variety of residential lots are design goals of a Planned Town Center Development. A minimum of 1/3 of the single-family residential lots in a Planned Town Center Development shall be 7,500 to 15,000 square feet in area. No residential lot shall be greater than 30,000 square feet in area.

11.

A Planned Town Center Development must set aside a minimum of 40% of the tract area in open space. Land set aside for a village green, stormwater management and improved recreation area can be included in the calculation of minimum open space requirement. The Land Use Board can reduce the amount of open space set aside to a minimum of 20% if the development has set aside land for public use or other permitted conditional uses.

[Amended by Ord. No. 2014-02]

Planned town center development area and bulk regulations.

Large lot single-family detached dwelling.

(a)

Maximum lot area: 30,000 square feet.

(b)

Minimum lot width: 90 feet.

(c)

Minimum lot depth: 150 feet.

(d)

Minimum yard requirements:

(1)

Built-to-line front yard: 25 feet.

(2)

Side yard: 15 feet.

(3)

Rear yard: 75 feet.

(e)

Maximum building height: 40 feet.

(f)

Maximum building coverage: 25%.

(g)

Maximum impervious coverage: 50%.

(h)

Detached rear or side yard garage setback: five feet.

(i)

Attached garage setback: 15 feet.

Small lot single-family detached dwelling.

(a)

Minimum lot area: 7,500 square feet.

(b)

Maximum lot area: 15,000 square feet.

(c)

Minimum lot width: 75 feet.

(d)

Minimum lot depth: 100 feet.

(e)

Minimum yard requirements:

(1)

Built-to-line front yard: 15 feet.

(2)

Side yard: 10 feet.

(3)

Rear yard: 50 feet.

(f)

Maximum building height: 40 feet.

(g)

Maximums building coverage: 40%.

(h)

Maximum impervious coverage: 60%.

(i)

Detached rear or side yard garage setback: five feet.

(j)

Attached garage setback: 10 feet.

Community facilities, civic, institutional and religious uses.

(a)

Minimum lot area: 10,000 square feet.

(b)

Maximum lot area: 40,000 square feet.

(c)

Minimum lot width: 80 feet minimum, 150 feet maximum.

(d)

Minimum lot depth: 110 feet.

(e)

Minimum yard requirements:

(1)

Built-to-line front yard: 15 feet.

[a]

Community facilities: 15 feet.

[b]

Religious: 25 feet.

[c]

Institutional: 20 feet.

(2)

Side yard: 15 feet minimum, 30 feet maximum.

(3)

Rear yard: 75 feet minimum.

(f)

Maximum building height: 45 feet; three stories.

(g)

Steeples or decorative towers: 75 feet.

(h)

Maximum building coverage: 70%.

(i)

Maximum impervious coverage: 80%.

(j)

Maximum building size: 100 feet in length, including adjacent buildings on adjacent lots if attached thereto.

(k)

Minimum interior yards: 15 feet (open space between buildings on the same lot).

(l)

All off-street parking must be in the rear yards. Alleys are recommended.

Additional uses permitted in a Planned Town Center Development:

Bed and breakfast.

Home occupation.

Accessory unit.

Community residences.

(e)

School.

(f)

Family day care.

[Added by Ord. No. 2013-01]

The purpose of this district is to recognize the historic residences and related structures situated along Route 173 at the southern portion of the Township. These are single-family homes which are listed in the New Jersey State Historic Preservation Inventory. Some are currently in the ROM Research Office Manufacturing Zone, while others are in the RCD Residential Conservation District. It is the intent of this section to place these properties in a zone district that relates to their unique setting and historic character and contains appropriate regulations. Most are served by public water. The Musconetcong River, a "Wild and Scenic River," forms the southern boundary of the district.

[Added by Ord. No. 2013-01]

Principal permitted uses:

Single-family detached dwellings.

[Added by Ord. No. 2013-01]

Garages related to single-family detached dwellings on the same lot.

Barns or other buildings for horticultural purposes or for farm storage.

Swimming pools, which shall be located only in the rear yard and shall be enclosed by a chain-link or other barrier fence a minimum of four feet in height, with landscape buffering a minimum of 20 feet wide adjacent to all neighboring properties.

[Added by Ord. No. 2013-01]

Home occupation in accordance with the conditional use standards set forth in Section 16-19B.11.

[Added by Ord. No. 2013-01]

Minimum lot area: 81,000 square feet with no public water or public sewer; 40,250 square feet with public water or public sewer.

Minimum front yard setback: 25 feet.

Minimum rear yard setback: 40 feet.

Minimum side yard setback (each side): 20 feet.

Minimum lot frontage: 100 feet.

Maximum building height: 2 1/2 stories or 35 feet.

Maximum lot coverage: 30% for lots less than 1/2 acre, 15% for lots less than one acre but more than 1/2 acre.

[Added by Ord. No. 2013-01]

All such accessory uses and structures shall be located in the rear yards only and outside all side and rear yard setback areas.

Maximum building height: 15 feet, except for barns, which shall not exceed 35 feet.

[Ord. No. 1998-1]

The purpose of this district is to promote neighborhood convenience retail and service type business designed to serve local consumer needs. It is intended that the scale and design of commercial development match the residential/rural character of the area. Where such development is in the form of a planned neighborhood convenience shopping center, the center shall be designed in a manner complementary to the scale and character of the area.

[Ord. No. 1999-1]

Retail and service business designed to meet resident consumer needs such as but not limited to:

Grocery, dairy and retail bakeries.

Supermarkets.

Delicatessens.

Liquor stores.

Drugs, pharmaceuticals and customary accessories.

Confectionery, candy store.

Book and stationary stores.

Antique stores.

Department, apparel and accessory stores, including tailoring.

10.

Florists.

11.

Meat and poultry sales, provided no slaughtering be permitted.

12.

Jewelry stores.

13.

Gift shops.

14.

Home appliance sales and repair stores.

15.

Sporting goods, bicycles and hobby shops.

16.

Eating and drinking places, not including drive-in, drive-through or drive-up restaurants.

17.

Camera, photographic and art supply.

18.

Electronics, audio, video rental, sales and repair.

Personal service establishments such as but not limited to:

Barber and beauty shops.

Tailoring and dress making.

Dry cleaning services and laundry collection, provided that no bulk processing shall be done on the premises.

Self-service laundry operation.

Shoe repair shops.

Banks and fiduciary institutions.

Credit agencies.

Security and commodity brokers.

Real estate, insurance and title offices.

10.

Holding and investment companies.

11.

Legal services.

12.

Engineering, architectural and similar professional offices.

13.

Accounting and bookkeeping services.

14.

Travel agencies.

Business and professional offices.

Child-care centers as governed by N.J.S.A. 40:55D-66.6 of the Municipal Land Use Law.

Public buildings and uses.

Public utilities and related structures.

Houses of worship.

Public or private schools.

Residential dwellings in existence as of January 1, 1999.

Farms and agricultural uses, subject to Subsection 16-14.1b.

Planned neighborhood convenience shopping centers, subject to the requirements of § 16-17.

[1]

Editor's Note: Refer to § 16-20, "Right to Farm."

[Ord. No. 1999-1]

Parking and loading in accordance with the requirements of § 16-10.

Signs in accordance with the requirements of § 16-11.

Other customary accessory uses and buildings clearly incidental to the principal use and building.

Renewable energy facilities, pursuant to Section 16-4.19 of the Greenwich Township Land Use Code.

[Added by Ord. No. 2010-06; amended by Ord. No. 2011-09; Ord. No. 2012-06]

[Ord. No. 1999-1]

Residential accessory apartments. Residential apartments may be located on the second floor in a building containing a retail store, service establishment or office on the first floor under the conditions designated in § 16-19B.

[Ord. No. 1999-1]

The following uses shall be and are hereby prohibited:

Any use other than those listed as permitted, conditional or accessory uses or substantially similar to the uses listed as determined by the Zoning Officer or Land Use Board.

[Amended by Ord. No. 2014-02]

In addition, the following activities and uses are specifically prohibited:

Auction sales.

Theaters.

Bowling alleys.

Hot dog stands and other similar roadside restaurants.

Gas stations/service stations.

Automobile/trucking repair and service.

Car washes.

Automobile sales or rental.

Warehouse, not otherwise incidental and accessory to permitted uses.

10.

Trucking facilities and distribution centers.

11.

Operations which require bulk storage space outside the primary structure.

12.

Operations which require any fabrication, assembly or other intermediate processing of goods for sale to the public.

13.

Operations which require bulk storage of flammable or explosive material on the premises.

14.

Adult entertainment uses consisting of, including or having the characteristics of any of the following: adult bookstore, adult cabaret, adult motion-picture theater.

15.

Massage parlor.

[Ord. No. 1999-1]

The following requirements shall be complied with, except as may be otherwise noted in Subsection 16-17.7:

Minimum lot area: 40,000 square feet.*

Minimum lot width: 150 feet.

Minimum lot depth: 200 feet.

Minimum lot frontage: 150 feet.

Minimum front yard: 70 feet.

Minimum side yard: 25 feet.

Minimum rear yard: 50 feet.

Maximum height: 2.5 stories and 35 feet.

Maximum FAR: 0.20.

Minimum floor area: 800 square feet.

Maximum impervious coverage: 70%.

NOTES:
*	Currently conforming lots under 40,000 square feet and in existence as of January 1, 1999 shall be considered conforming with regard to bulk conditions, however, no amendment may be made to these lots or structures thereon that would further nonconformance with the above bulk standards.

[Ord. No. 1999-1]

Due to the unique lot size conditions and nature of existing structures in the Stewartsville B-1 District, the following requirements shall apply only in the Stewartsville B-1 District. Except as modified below, all other regulations applying to the B-1 District shall be enforced.

Permitted, conditional, accessory and prohibited uses shall be as otherwise indicated in this Zone, except that planned convenience shopping centers shall not be permitted.

Bulk requirements shall be as follows:

Minimum lot area: 7,500 square feet.

Minimum lot frontage: 50 feet.

Minimum front yard: 20 feet.*

Minimum side yard: 10 feet.

Minimum rear yard: 35 feet.

Maximum height: 2.5 stores and 35 feet.

Maximum FAR: 0.25.

Maximum impervious coverage: 85%.

NOTES:
*	Front yards may be amended in accordance with Subsection 16-16.3.b.

Parking setbacks. Parking shall be located no closer than 10 feet to any front building wall and no closer than five feet to the side and rear building walls. Parking shall be permitted in the front yard only where side or rear yard parking is made impossible by existing development conditions. Where possible, shared access and parking with adjoining nonresidential properties should be pursued.

Conversions or modifications of existing buildings to commercial use should be accomplished in a manner consistent with the historic and architectural character of the area and the residential scale of the village area. Considerations in the review and development of new commercial structures or the modification of existing structures to commercial use shall include: maintenance of existing residential facade and character, expansion consistent with existing and surrounding architecture, adequate screening of parking areas from adjacent properties and village-scaled signage.

[Ord. No. 1999-1]

Planned neighborhood convenience shopping centers shall be permitted in the B-1 Zone in accordance with the requirements of this Zone, except that the following special requirements shall apply for such uses. These standards support small-scale, everyday shopping and services assembled together in an attractive, convenient destination to primarily serve local and nearby consumer demand. See also the definition in § 16-3.

Permitted and prohibited uses shall be the same as those identified for the B-1 District unless otherwise modified herein.

The minimum tract area for a planned neighborhood convenience shopping center shall be five acres.

Total impervious coverage shall be limited to 75% of the tract area.

Maximum FAR shall be 0.20, except however, no planned neighborhood convenience shopping center shall exceed 100,000 square feet. Except in the case of a supermarket, no individual store in the center shall exceed 15,000 square feet.

More than one permitted use shall be permitted on a track, i.e., more than one retail or other permitted establishment will be permitted in the center and, at a minimum, three permitted uses shall be provided.

If a center is built in phases, each phase shall include an appropriate share of the proposed streets and circulation system, landscaping and outdoor spaces, screening and other site and architectural amenities of the entire project. The extent of these improvements shall be determined for each phase of a specific project at the time of development approval and may not be based solely upon a proportional or equal share of the entire site. Requirements for a phased project may include off-site improvements.

Design requirements.

The site design shall provide for a unified layout of permitted uses served by common on-site parking and stormwater control facilities, together with a common driveway access point. See also § 16-10.

Parking and loading areas shall be screened from views of adjacent streets and residential areas through planting and berming. Parking lots and loading areas shall be located and landscaped in accordance with the requirements of § 16-10.

A comprehensive signage plan shall be provided which covers overall project identification, individual building/tenant identification, traffic regulations, pedestrian crossing, street identification, parking and directional instructions. There shall be only one freestanding or monument sign permitted for the center and one wall sign permitted per tenant. Otherwise size and design standards shall be in accordance with § 16-11.

There shall be a unified architectural facade treatment and theme for the uses contained in the center with an integrated lighting, landscaping and graphic business sign program designed to enhance the small-scale character of the center. Architectural treatment of facades throughout the center should be consistent and contain similar architectural elements. The use of awnings, colonnade or similar features throughout the length of the facade is strongly encouraged to protect customers from the elements and add visual interest to the front of the building.

In order to add architectural interest and variety and avoid the effect of a single, long or massive wall with no relationship to human size, no wall that faces a street or connecting walkway shall have a blank, uninterrupted length exceeding 30 feet without including at least two of the following: change in plane, change in texture or masonry pattern, windows or equivalent element that subdivides the wall into smaller scale proportions.

All facades shall also incorporate a recognizable architectural base and top.

(a)

The base may consist of, but is not limited to:

(1)

Thicker walls, ledges, or sills;

(2)

Integrally textured materials such as stone or other masonry;

(3)

Integrally colored patterned materials such as smooth-finished stone or tile;

(4)

Lighter or darker colored materials, mullions or panels; or

(5)

Planters.

(b)

The top may consist of, but is not limited to:

(1)

Cornice treatments, other than just colored stripes or bands, with integrally textured material such as stone or other masonry or differently colored materials;

(2)

Sloping roof with overhangs and brackets; roofs may be shed, mansard or pitched. Dormers or similar design features shall be provided to break up large expanses of roof area.

(3)

Stepped parapets.

A variety of building heights should be provided, not to exceed the maximum height of the zone, except that architectural elements such as cupolas, dormers, parapets or other architectural features that add visual interest may exceed the maximum height by not more than 10 feet or 10% of the total building height, whichever is less.

Building entrances shall be clearly defined and recessed or framed by a sheltering element such as an awning, arcade or portico in order to provide shelter from the elements.

Quality finish materials shall be used in all construction which may include, but are not limited to: brick masonry or stone; integrally tinted, textured masonry block; stucco or wood siding. Exterior building materials shall not include smooth-faced concrete block, tilt-up concrete panels or prefabricated steel panels.

10.

Exterior freestanding lighting fixtures shall not exceed the height of proposed structures, and in no case shall be greater than 25 feet in height, whichever is less. The source of illumination shall be recessed and shielded within the fixture itself. To the degree possible, the fixture design shall be consistent in character with the design of the center. Lighting shall also comply with all applicable lighting standards of the Township of Greenwich.

11.

Access for service and deliveries shall not obstruct overall site traffic patterns. All service shall be isolated from main public circulation drives and screened from public view by building placement, landscaping, fencing or combination thereof.

12.

Where used, fences and walls shall be constructed of material similar to, or compatible with the primary building wall material and architecture. (Chain-link-type fences with or without wood slats or other inserts are not acceptable screening devices). Fencing shall not impair traffic safety by obscuring views.

13.

Long expanses of fences or wall surfaces shall be architecturally designed so as to avoid monotony by use of reheating elements, alternative opaque and transparent sections or architectural elements.

14.

Vending machines shall not be located outside of approved buildings.

[Ord. No. 2009-02A § I]

The purpose of the MG Municipal Government District is to provide regulations for municipal governmental buildings and uses, and to ensure their compatibility with surrounding land uses, fire and rescue facilities, and similar governmental buildings and uses.

[Ord. No. 2009-02A § I]

Principal permitted uses on the land and in the buildings, municipal governmental buildings, fire and rescue facilities, and similar governmental buildings and uses.

Accessory uses permitted.

Off-street parking lots and structures.

Play fields or recreational facilities.

Signs.

Fences and walls.

Renewable energy facilities, pursuant to Section 16-4.19 of the Greenwich Township Land Use Code.

[Added by Ord. No. 2010-06; amended by Ord. No. 2011-09; Ord. No. 2012-06]

[Ord. No. 2009-02A § I]

Minimum lot area (square feet): 80,000.

Minimum lot frontage (feet): 200.

Minimum lot width (feet): 200.

Minimum lot depth (feet): 400.

Minimum side yard (feet): 50.

Minimum front yard (feet): 50.

Minimum rear yard (feet): 50.

Maximum impervious coverage (percent): 70.

Maximum building height (feet): 35.

[Ord. No. 1999-1]

The purpose of this District is to promote highway business uses or shopping centers, including buildings or groups of buildings designed to be maintained and operated as a single coordinated entity. Larger retail and commercial activities shall be supported that serve both local and regional needs. This District is intended to promote coordinated and comprehensively planned business and professional office uses. Small-scale uses on lots less than five acres are not encouraged.

[Ord. No. 1999-1]

All business and commercial uses permitted in the B-1 Zone.

Garden centers.

Auction sales, provided all goods are displayed in an enclosed building.

Furniture and appliance sales.

Hardware and farm machinery.

Department stores.

Eating and drinking establishments, not including drive-through, unless in accordance with applicable conditional use requirements. Drive-in or drive-up uses are prohibited.

Heaters.

Recreation and amusement facilities operated for private profit such as: bowling alleys, skating rinks and indoor tennis facilities.

Health clubs.

Business and professional offices.

Hotels and motels.

Child-care centers as governed by N.J.S.A. of the Municipal Land Use Law.

Public buildings and uses.

Public and private schools.

Public utilities and related structures.

Farms and agricultural uses subject to Subsection 16-14.1b.

Residential dwellings in existence as of January 1, 1999.

Planned regional shopping centers in accordance with Subsection 16-18.7.

[1]

Editor's Note: Refer to § 16.20, Right to Farm.

[Ord. No. 1999-1]

All accessory uses permitted in the B-1 District.

[Ord. No. 1999-1]

Retail self-storage facilities, not including general warehousing and distribution centers, shall be a permitted conditional use in accordance with the requirements of § 16-19B.

Drive-through/fast-food restaurants in accordance with the requirements of § 16-19B and only as part of, and designed to be compatible with, a planned regional shopping center.

[Ord. No. 1999-1]

The following uses shall be and are hereby prohibited:

Any use other than those listed as permitted, conditional or accessory uses or substantially similar to the uses listed as determined by the Zoning Officer or Land Use Board.

[Amended by Ord. No. 2014-02]

In addition, the following activities and uses are specifically prohibited:

Gas/service stations.

Auto dealers, sales and rental.

Car wash.

Hot dog stands and other similar roadside restaurants.

Automobile or trucking repair and service.

Warehouse, not otherwise incidental and accessory to permitted uses.

Trucking facilities and distribution centers.

Operations which require bulk storage space outside the primary structure.

Operations which require any fabrication, assembly or other intermediate processing of goods for sale to the public.

10.

Operations which require bulk storage of flammable or explosive material on the premises.

11.

Adult entertainment uses consisting of, including or having the characteristics of any of the following: adult bookstore, adult cabaret, adult motion-picture theater.

12.

Massage parlor.

[Ord. No. 1999-1]

The following requirements shall apply in the B-2 District:

Minimum lot area: five acres.

Minimum lot depth: 400 feet.

Minimum lot frontage: 550 feet.

Minimum front yard: 75 feet.

Minimum side yard: 70 feet.

Minimum rear yard: 50 feet.

Maximum height: two stores and 35 feet.

Maximum FAR:

One-story building: 0.20.

Two-story building: 0.25.

Maximum lot coverage for buildings or structures: .20

Minimum floor area. All business buildings shall have a minimum floor area of 5,000 square feet, except that in a planned shopping center, the total of all buildings shall have a floor area of 50,000 square feet.

Maximum impervious coverage: 60%.

Orientation. Wherever possible, access shall be from a new or existing street intersection with Route 22 and not from Route 22. The use of common driveways or connections between adjoining parking lots is to be encouraged.

[Ord. No. 1999-1]

Planned regional shopping centers shall be permitted in the B-2 Zone in accordance with the requirements of this Zone, except that the following special requirements shall apply for such uses. These standards are intended to ensure that large retail building development is compatible with its surroundings and generates a positive visual character to enhance and contribute to the community character of Greenwich Township.

Permitted and prohibited uses shall be the same as those identified for the B-2 District unless otherwise modified herein.

The minimum tract area for a planned regional shopping center shall be 15 acres.

Total impervious coverage shall be limited to 65% of the tract area. There shall be no individual lot coverage requirement assigned to any individual building or structure within the planned development.

Maximum FAR shall be 0.20.

Minimum front yard: 125 feet.

Minimum side yard: 75 feet.

Minimum rear yard: 100 feet.

More than one permitted use shall be permitted on a tract as part of the planned regional shopping center and, at a minimum, four of the permitted uses/establishments shall be provided.

If a center is to be built in phases, each phase shall include an appropriate share of the proposed streets and circulation system, landscaping and outdoor spaces, screening and other site and architect amenities of the entire project. The extent of these improvements shall be determined for each phase of a specific project at the time of development approval and may not be based solely upon a proportional or equal share of the entire site. Requirements for a phased project may include off-site improvements.

Design requirements. The planned regional shopping center shall be designed to create a cohesive environment integrating the developed and undeveloped portions of the development area, with strong visual identity, physically linked by pedestrian connections, plazas or, other amenities and related by a single design theme. Architectural style of the planned regional shopping center shall be designed to avoid a big box commercial center appearance through facade ornamentation, building offsets and entry treatments and upgraded building materials and colors.

All planned regional shopping centers shall be located in a group of at least four retail establishments located in a complex which is planned, developed, owned or managed as a single unit with off-street parking provided on the property.

There shall be a unified architectural facade treatment and theme for the uses contained in the center, with an integrated lighting, landscaping and graphic business sign program designed to enhance the small-scale character of the center. Architectural treatment of facades throughout the center should be consistent and contain consistent architectural elements.

Ground floor facades that face public streets, shall have arcades, display windows, entry areas, awnings or other such features alone no less than 60% of their horizontal length.

Building facades shall include architectural features, such as columns, ribs or pilaster, piers or fenestration patterns, and be subdivided and proportioned using such features as windows, entrances, arcades, arbors, etc., in such a manner as to add architectural interest and variety and avoid the effect of a single, monolithic facade of long or massive walls. A repeating pattern of facade pattern design may be used that includes color change, texture change or material module change. In combination with these, the facade face may be further detailed by inclusion of an expression of architectural or structural bays through a change in plane no less than 12 inches in width, such as an offset, reveal or projecting rib.

Public entries to retail uses on site shall have clearly defined, highly visible entrances featuring no less than two of the following: canopies or porticos; overhangs; recesses/projections; arcades; raised corniced parapets over the door; peaked roof forms; arches; outdoor patios; display windows; architectural details such as tile work and moldings which are integrated into the building structure and design; integral planters or wing walls that incorporate landscaped areas and/or places for sitting.

Quality finish materials shall be used in all construction which may include, but are not limited to: brick or stone masonry; integrally tinted, textured masonry block stucco; or wood siding. Exterior building materials shall not include smooth-faced concrete block, tilt-up concrete panels or prefabricated steel panes.

10.

Facade colors shall be low reflectance, subtle, neutral or earth tone colors. The use of high-intensity colors, metallic colors, black or fluorescent colors shall be prohibited. Building trim and accent areas may feature brighter colors, including primary colors. Neon tubing shall not be an acceptable feature for building or accent areas.

11.

At least 10% of the acreage of the center site shall be devoted to pedestrian spaces, including but not limited to sidewalks in front of the stores, and associated landscaping and water features, including but not limited to fountains, plazas, any lawn or landscaped areas within parking lots, outdoor entertainment or outdoor recreation facilities. Should the combined requirements of other portions of this section result in a greater amount, the greater amount shall be the requirement.

12.

13.

Access for service and deliveries shall not obstruct overall site traffic patterns. All service areas shall be isolated from main public circulation drives and screened from public view by building placement, landscaping, fencing or combination thereof.

14.

Where used, fences and walls shall be constructed of material similar to, or compatible with, the primary building material and architecture. (Chain-link-type fences with or without wood slats or other inserts are not acceptable screening devices). Fencing shall not impair traffic safety by obscuring views.

15.

Long expanses of fences or wall surfaces shall be architecturally designed so as to avoid monotony by use of repeating elements, alternative opaque and transparent sections, or architectural elements.

16.

Open-air or enclosed pedestrian spaces shall act as connectors of buildings and shall contain such amenities as changes in level, benches, water features, opportunities for entertainment and seating areas to provide a sense of place and orientation for its users.

17.

Each planned regional shopping center shall contribute to the establishment or enhancement of community and public spaces by providing one or more outdoor entertainment, outdoor recreation facilities and/or plaza area devoted for public gathering, local events or community activity which shall constitute a design focal point for the planned development. In such areas, at least two of the following shall be provided: patio/seating area, pedestrian plaza with benches, outdoor playground area, kiosk area, water feature, clock tower or other such deliberately shaped area and/or a focal feature or amenity that, in the judgment of the Board, adequately enhances such community and public spaces and provides an appropriate publicly oriented focal point for the center. Such area shall not be less than 15,000 square feet or 5% of the total square footage proposed for the entire planned development, whichever is greater. This area shall be in addition to required pedestrian spaces identified in Subsection 16-18.7j.11 above. The content of such area of the planned development shall be approved by the Board of Jurisdiction. Any such areas shall have direct access to the public sidewalk, and such features shall not be constructed of materials that are inferior to the principal materials of the building and landscape.

18.

Where any loading or service area is visible from any residential site or residentially zoned area located within 1,500 feet, such area shall be suitably bermed and planted for its entire length so as to provide a year-round screen from such areas. Such berming and planning shall, at a minimum, be in accordance with the transition buffer planting width and of such materials as indicated in Subsection 16-4.14 for the B-2 Zone. Buffer width may be increased to a maximum of 50 feet and/or there may be an increase in planting, berming, fencing or other materials where determined to be necessary by the Township to provide an effective year-round screen of loading and service area activities.

Pedestrian circulation.

Buildings shall be sited to form a progression of pedestrian-oriented open spaces with visual as well as pedestrian connections between such spaces. Where the planned regional shopping center is made up of two or more groupings of structures separated by roadways, landscaping or open space, these individual buildings or groupings of buildings shall be connected by pedestrian linkages.

Sidewalks at least six feet in width shall be provided along all sides of the lot that abut a public street.

Continuous internal pedestrian walkways, no less than eight feet in width, shall be provided from the public sidewalk or right-of-way to the principal customer entrance of all principal buildings on the site. At a minimum, walkways shall connect focal points of pedestrian activity such as, but not limited to, transit stops, street crossings and building and store entry points, and shall feature adjoining landscaped areas that include trees, shrubs, benches, flower beds, ground covers or other such materials for no less than 25% of the length of the walkway.

Sidewalks, no less than eight feet in width, shall be provided along the full length of the building along any facade featuring a customer entrance, and along any facade abutting public parking areas. Such sidewalks shall be located at least six feet from the facade of the building to provide planting beds for foundation landscaping, except where features such as arcades or entryways are part of the facade.

Internal pedestrian walkways provided in conformance with Subsection 16-18.7k.3 above shall provide weather protection features such as awnings or arcades at all customer entrances.

All internal pedestrian walkways shall be distinguished from driving surfaces through the use of durable, low-maintenance surface material such as pavers, bricks or scored concrete to enhance pedestrian safety and comfort, as well as the attractiveness of the walkways.

[Ord. No. 1999-1]

This Zone is designed for a building or a group of buildings in single ownership used for offices for business, professional, executive or administrative purposes, scientific or research laboratories and light industry, the operation of which shall not exceed the limitations established by the performance standards hereinafter set forth in this section. It is the primary intent of this Zone to encourage high quality research and office park development. Uses which require large amounts of truck activity are discouraged.

[Ord. No. 1999-1; Ord. No. 2006-10]

Administrative, business, professional or executive office buildings.

Scientific or research laboratory.

Light manufacturing.

[Amended 10-19-2023 by Ord. No. 113-2023]

(Reserved)[2]

[2]

Editor's Note: Former Paragraph d, regarding warehouses in association with approved research office and manufacturing uses, was repealed 10-19-2023 by Ord. No. 113-2023.

Telephone exchange or public utility office building or substation serving the immediate area.

Agricultural activities, provided that the minimum lot size for such activity shall not be less than 10 acres, and provided further that all structures shall be subject to all other setback and use restrictions and that agricultural use meet the requirements of Subsection 16-14.1b and c, with the exception of lot size.

Planned office and/or industrial parks on tracts of at least 50 acres, consisting of all or some of the uses listed in Subsection 16-18A.2a through e.

Child-care centers in accordance with N.J.S.A. 40:55D-66.

Renewable energy facility of at least 20 contiguous acres, pursuant to Section 16-4.19 of the Greenwich Township Land Use Code.

[Added by Ord. No. 2010-06; amended by Ord. No. 2011-09; Ord. No. 2012-06]

[1]

Editor's Note: Refer to § 16.20, Right to Farm.

[Ord. No. 1999-1]

The following accessory uses customarily incidental to and located on the same lot or tract with the primary use or uses shall be and are hereby permitted in the Research Office and Manufacturing Zone:

Parking and garages for the storage of company vehicles.

Maintenance structures incidental to the maintenance of buildings, structures and equipment used on the site,

Heating and power facilities for furnishing heat and energy to structures on the site only.

Sewerage and sewage treatment, water, fire protection, drainage and other utility facilities.

Structures for the storage of documents, records, testing, research or experimental equipment.

A cafeteria or restaurant used and intended solely for the convenience of the employees and visitors of a permitted building, but not open to the general public, and provided that no advertisement or other evidence of such services shall be visible from the street.

Living quarters for custodians or caretakers.

Guest dormitory facilities for the temporary accommodation of visitors or company employees.

Renewable energy facility, pursuant to Section 16-4.19 of the Greenwich Township Land Use Code.

[Added by Ord. No. 2010-06; amended by Ord. No. 2011-09; Ord. No. 2012-06]

Storage of materials, substances and products accessory to the principal use provided the storage area does not exceed 30% of the total building floor area.

[Added 10-19-2023 by Ord. No. 113-2023]

[Ord. No. 1999-1]

None.

[Ord. No. 1999-1]

The following uses shall be and are hereby prohibited in the ROM Zone:

Any use other than those listed as permitted, conditional or accessory uses.

Any type of residential use unless clearly incidental or accessory to the permitted principal use on the same lot.

Any retail or wholesale sales or services; provided, however, this shall not be construed to prohibit sale or distribution of products manufactured, fabricated, finished or assembled in conjunction with the principal use on the lot.

Warehouse or major distribution facility or large fulfillment distribution center or last-mile fulfillment center and flex space.

[Amended 10-19-2023 by Ord. No. 113-2023]

Trucking companies or truck stops.

Slaughtering of fowl and small animals for retail or wholesale sales from the premises.

Sand, clay or gravel mining or other extractive processes and the commercial stripping of topsoil.

Processing, sale, storage or reclamation of junk of all kinds, including automobile wrecking, except that this shall not preclude the storage and processing of waste material normally associated with or incidental to any primary industrial activity herein permitted except in accordance with a sanitary landfill method approved by the County or State Department of Health.

The commercial disposal of domestic refuse or the dumping of garbage, trash or incinerated material, except in accordance with a sanitary landfill method approved by the County or State Department of Health, provided that nonputrescent or waste may be used as landfill where no deleterious conditions will result.

Any operation conducted outside the confines of a building.

[Ord. No. 1999-1]

The following requirements shall be complied with in the Research Office and Manufacturing Zone.

Minimum lot area. Each lot shall have an area of not less than 10 acres, measured within 750 feet of the front street property line.

Minimum lot width. Each lot shall have a width of not less than 400 feet, measured at the front street property line.

Minimum depth of front yard. All buildings and structures shall be set back a minimum of 150 feet from the front street property line.

[Amended 4-19-2018 by Ord. No. 2018-01]

Minimum rear yard setback. All buildings and structures shall be set back a minimum of 100 feet from the rear property line.

Distance between buildings. No building shall be erected closer than 100 feet to any other building situated on the same site.

Maximum building height. No building or structure shall exceed a maximum of three stories nor a height of 45 feet.

Floor area ratio. The total floor area of all buildings on a lot or tract shall not exceed 10% of the total lot or tract area.

[Amended 10-19-2023 by Ord. No. 113-2023]

Maximum lot cover. No more than 45% of the total lot or area may be occupied by buildings, off-street parking areas or access drives.

[Amended 10-19-2023 by Ord. No. 113-2023]

District boundary line restrictions. In addition to the foregoing minimum requirements, when a lot adjoins a residential zone there shall be a building setback from such residential zone of not less than 200 feet as measured from the property line, or in the case of a front yard, as measured from the right-of-way.

Roof screening. Provision shall be made for architectural screening of roof appurtenances such as cooling towers and ventilating ducts so that such appurtenances are not visible from surrounding properties or streets. See also Subsection 16-4.10c.

Off-street parking. Parking shall be provided as required under § 16-10 of this chapter and in accordance with the following provisions and subject to the review and approval of a site plan by the Land Use Board to ascertain the adequacy of such off-street parking.

[Amended by Ord. No. 2014-02]

General requirements. The general requirements for off-street parking areas as set forth in § 16-10 shall apply to parking in this zone, except where inconsistent with the requirements of this section.

Front yard. Visitor parking, which shall be in addition to the required employee parking, is permitted in the front yard, provided that such parking is located outside of any required buffer and is limited to 10% of the total parking requirement on site.

Side yard. Parking, as required, may be permitted in the side yard, provided that no parking is closer than 30 feet to the side property line nor 10 feet to any building or located in any required buffer area. Where such parking abuts a residential district, no parking shall be located closer than 75 feet from the side property line.

Rear yard. Parking, as required, may be permitted in the rear yard, provided that no parking is located closer than 30 feet to the rear property line nor 10 feet to any building or located in any required buffer area. Where such parking abuts a residential district, no parking shall be located closer than 100 feet from the rear property line.

Sidewalks. Sidewalks, where constructed along the building, shall be located not less than 10 feet from the building. Where sidewalks adjoin a parking area or access drive, the sidewalk shall be constructed six inches above the surface of such parking area or access drive.

Shade trees and planting areas. Parking lot landscaping shall be provided in accordance with Subsection 16-10.4.

Traffic circulation.

Direct access to or from an interchange is prohibited.

All entrances and exits to the site shall be at locations approved by the Land Use Board to ensure maximum safety to the abutting street system.

[Amended by Ord. No. 2014-02]

Direct ingress or egress shall be prohibited within 150 feet of any intersection.

Curbed pedestrian walks, not less than eight feet wide, shall be provided between every second battery of parking alternating with landscaped islands as required. Said sidewalks shall be constructed six inches above the abutting paved parking areas.

Each site shall be provided with marginal roads or access lanes to serve the required parking area as approved by the Land Use Board. Such roads or lanes shall be curbed with a width between curbs of not less than 30 feet and shall have no direct access to any off-street parking space or stalls. In addition thereto, there shall be provided a service drive at least 30 feet wide which shall service every building on the site.

[Amended by Ord. No. 2014-02]

Landscaping. Those portions of all front side and rear yards that are not used for off-street parking shall be attractively planted with trees, shrubs, plants and lawns. To ensure compliance with the provisions of this chapter, a plan showing the location, size and type of all existing and proposed trees and other proposed plant materials shall be submitted with the site plan for approval by the Land Use Board. Such landscaping shall be in addition to any required as part of any frontage buffer, transition buffer or commercial landscape area as required under Subsection 16-4.14.

[Amended by Ord. No. 2014-02]

Lighting. Suitable lighting shall be provided along walks or access drives and within the parking areas. Lighting shall be arranged and shielded so as to reflect the light downward away from all adjoining streets and abutting properties. All lighting shall comply with the Township Lighting Ordinance. (See § 16-12B)

Maintenance. All off-street parking areas shall be continuously maintained and kept in good and clean condition and proper repair.

Utilities. Each development shall be provided with adequate utilities, such as water, sewerage and sewage treatment facilities, as well as drainage facilities to properly dispose of all surface water as required by the Township Engineer and approved by the Land Use Board. Power and telephone lines shall be placed underground.

[Amended by Ord. No. 2014-02]

Trash disposal. Each site shall have an area or areas, concealed from any street, parking area or adjacent property, for the orderly deposit and pickup of trash, which area or areas shall be approved as part of the site plan. See also Subsection 16-4.16.

Storage. No storage of any kind shall be permitted in this Zone other than within a building.

Transition buffer.

[Added 10-19-2023 by Ord. No. 113-2023]

A limit of disturbance measuring 100 feet shall be established from a property line that abuts with or is located across from a right-of-way or access easement from a residential zone or use.

(a)

Buildings, structures, aboveground utilities, parking lots, access drives or other improvements shall not be installed within the limit of disturbance. Underground utilities may be installed within the limit of disturbance where necessary or required but must be installed in a manner to minimize disturbance of the existing area and not create a direct line of sight to existing or proposed improvements on the industrial zone property from an abutting residential zone or use. Trees, landscaping, fences, sound barriers and other improvements may be installed in the limit of disturbance as deemed necessary by the Board to enhance the existing buffer.

(b)

Existing vegetation within the limit of disturbance shall be preserved.

(c)

Clearing and grading within the limit of disturbance shall be prohibited.

Accessory structures, outdoor storage, loading docks, refuse disposal, truck access drives and parking areas shall not be located within a yard on the site that is abutting a residential zone or use without an intervening building.

[Ord. No. 1999-1]

This district is designed primarily for professional, executive and administrative offices, corporate offices and research operations with only Incidental shipping and receiving related to non-production-oriented uses.

[Ord. No. 1999-1; Ord. No. 2006-10]

Professional, executive, corporate offices and administrative offices.

Scientific or research laboratory; provided, however, that:

Pilot plants for the testing of manufacturing, processing or fabrication methods or for the testing of products or materials shall be permitted only as accessory to a research laboratory, and in no case shall more than 25% of the total floor area be devoted to such uses. No materials or finished products shall be manufactured, processed or fabricated on said premises for sale, except such as are incidental to said laboratory research, design or experimental work.

No manufactured or commercial explosives shall be kept, maintained or stored on said premises, except in small quantities for laboratory research, design or experimental use, and then only in compliance with all applicable federal, state and local safety statutes.

Warehouses only when provided in connection and clearly subordinate to (i.e., not more than 10% of) a permitted use in the zone, and further provided that no outside storage of vehicles or materials of any kind is required.

Telephone exchange or public utility office building (not including storage or garages).

Farms.

Agriculture activities on lots of not less than 10 acres in area.

Banks and bank branches within an approved office park.

Health clubs, racquet sports courts, and other indoor athletic facilities within an approved office and/or industrial park. These may be freestanding so long as they are part of an approved office/industrial park plan.

Public and private schools.

Child-care centers in accordance with N.J.S.A. 40:55D-66.

Renewable energy facility of at least 20 acres, pursuant to Section 16-4.19 of the Greenwich Township Land Use Code.

[Added by Ord. No. 2010-06]

[Ord. No. 1999-1]

The accessory uses permitted in the RO Zone shall be the same accessory uses as listed for the ROM Zone, Subsection 16-18A.3.

[Ord. No. 1999-1; Ord. No. 2006-10]

Hotels and conference centers, having a minimum of 100 rooms each, and containing facilities for meetings, banquets, public assemblies, restaurants and lounges totaling at least 10% of the gross floor area of the hotel.

Hotels and conference centers shall only be permitted where it can be demonstrated to the satisfaction of the reviewing Board that adequate water and sewer is available through a public or private community system.

No impervious coverage, including buildings, parking and loading areas, and driveways, shall be located closer than 500 feet to the nearest residential use or zone.

No hotel or conference center shall be located on a lot smaller than 50 acres in area.

Restaurants and taverns, but only as part of a hotel and/or conference center, and located within the confines of the hotel and/or conference center.

[Ord. No. 1999-1]

The following uses shall be and are hereby prohibited in the RO Zone:

Any use other than those listed in subsections 16-18B.1 through 16-18B.4.

All other uses specifically prohibited in the ROM Zone.

[Ord. No. 1999-1]

The following requirements shall be complied with in the Research Office Zone:

Minimum lot area. Each lot shall have an area of not less than five acres, measured within 550 feet of the front street property line.

Minimum lot width. Each lot shall have a width of not less than 300 feet, measured at the front street property line.

Minimum front yard setback. All buildings and structures shall be set back a minimum of 100 feet from the front street property line, unless otherwise indicated in Subsection 16-18B.6j below.

Minimum side yard setback. All buildings and structures shall be set back a minimum of 75 feet from the side property line.

Minimum rear yard setback. All buildings and structures shall be set back a minimum of 75 feet from the rear property line.

Distance between buildings. No building shall be erected closer than 100 feet to any other building situated on the same site.

Maximum building height. No building or structure shall exceed a maximum of three stories nor a height of 45 feet.

Floor area ratio. The total floor area of all buildings on a lot or tract shall not exceed 10% of the total lot or tract area.

Maximum lot cover. No more than 45% of the total lot or tract area may be occupied by buildings, off-street parking areas or access drives.

Unless otherwise noted in § 16-18B, all other requirements of the ROM Zone shall apply in the RO Zone.

[Ord. No. 2006-12]

The purpose of the Office Professional/Limited Research Zone is to permit a variety of campus-type office, professional and limited-research facilities when served by public sewer collection services. This zoning district is located in the westerly portion of the Township and is a transitional zoning district designation, between residential neighborhoods located to the east and intensely developed commercial areas located along Route 22. Development within this zoning district will be required to provide for a substantial separation (landscaped buffer) of not less than 200 feet between residential neighborhoods and all impervious coverage areas on a lot.

[Ord. No. 2006-12]

Professional, executive, corporate offices and administrative offices.

Scientific or research laboratory; provided, however, that:

Data processing facilities.

Telephone exchange or public utility office building (not including storage or garages).

Farms.

Agriculture activities on lots of not less than 10 acres in area.

Public and private schools.

Child-care centers in accordance with N.J.S.A. 40:55D-66.

Planned office parks on tracts of at least 15 acres, consisting of all or some of the uses listed above and/or the uses in paragraphs 1 through 3 indicated below.

Personal service uses, such as a bank, insurance agency, travel agency, barber, beauty salon, when proposed as part of a planned office park development, not making up more than 5% of the square footage proposed as part of that development.

Banks and bank branches within an approved office park.

[Ord. No. 2006-12]

The following accessory uses customarily incidental to and located on the same lot or tract with the primary use or uses shall be and are hereby permitted in the OP/LR Zone.

Parking and garages for the storage of company vehicles.

Maintenance structures incidental to the maintenance of buildings, structures and equipment used on the site.

Heating and power facilities for furnishing heat and energy to structures on the site only.

Structures for the storage of documents, records, testing, research or experimental equipment.

Living quarters for custodians or caretakers.

Guest dormitory facilities for the temporary accommodation of visitors or company employees.

Renewable energy facility, pursuant to Section 16-4.19 of the Greenwich Township Land Use Code.

[Added by Ord. No. 2010-06; amended by Ord. No. 2011-09; Ord. No. 2012-06]

[Ord. No. 2006-12]

Renewable energy facility.

[Added by Ord. No. 2010-06]

[Ord. No. 2006-12]

The following uses shall be and are hereby prohibited in the OP/LR Zone:

Any use other than those uses listed in subsections 16-18C.2 and 3.

[Ord. No. 2006-12]

The following requirements shall be complied with in the Office Professional/Limited Research Zone:

Minimum lot area. Each lot shall have an area of not less than 10 acres, measured within 750 feet of the front street property line.

Minimum lot width. Each lot shall have a width of not less than 400 feet measured at the front street property line.

Minimum depth of front yard. All buildings and structures shall be set back a minimum of 150 feet from the front street property line.

[Amended 4-19-2018 by Ord. No. 2018-01]

Minimum side yard setback. All buildings and structures shall be set back a minimum of 75 feet from the side property line.

Minimum rear yard setback. All buildings and structures shall be set back a minimum of 100 feet from the rear property line.

Distance between buildings. No building shall be erected closer than 50 feet to any other building situated on the same site.

Maximum building height. No building or structure shall exceed a maximum of 2 1/2 stories nor a height of 35 feet.

Floor area ratio. The total floor area of all buildings on a lot or tract shall not exceed 15% of the total lot or tract area.

Maximum lot cover. No more than 45% of the total lot or tract area may be occupied by buildings, off-street parking areas or access drives.

District boundary line restrictions. In addition to the foregoing minimum requirements, when a lot adjoins a residential zone, there shall be a setback from such residential zone or use of not less than 200 feet for all impervious coverage and buildings, as measured from the property line or, in the case of a front yard, as measured from the right-of-way.

Roof screening. Provision shall be made for architectural screening of roof appurtenances such as cooling towers and ventilating ducts so that such appurtenances are camouflaged with an architectural treatment and are not visible from surrounding properties or streets. See also Subsection 16-4.10c. Such appurtenances may be not higher than 10 feet above the overall building height, irrespective of the actual height of the building.

Off-street parking. Parking shall be provided as required under § 16-10 of this section and in accordance with the following provisions and subject to the review and approval of a site plan by the Land Use Board to ascertain the adequacy of such off-street parking:

[Amended by Ord. No. 2014-02]

Front yard. Visitor parking, which shall be in addition to the required employee parking, is permitted in the front yard, provided such parking is located outside of any required buffer and is limited to 10% of the total parking requirement on site.

Side yard. Parking, as required, may be permitted in the side yard, provided no parking is closer than 30 feet to the side property line nor 10 feet to any building or located in any required buffer area. Where such parking abuts a residential district, no parking shall be located closer than 200 feet to the side property line.

Rear yard. Parking, as required, may be permitted in the rear yard, provided no parking is located closer than 30 feet to the rear property line nor 10 feet to any building or located in any required buffer area. Where such parking abuts a residential district, no parking shall be located closer than 200 feet to the rear property line.

Shade trees and planting areas. Parking lot landscaping shall be provided in accordance with Subsection 16-10.4.

Traffic circulation.

All entrances and exists to the site shall be at locations approved by the Land Use Board to ensure maximum safety to the abutting street system.

[Amended by Ord. No. 2014-02]

[Ord. No. 12/29/75 A.XIX § 19.1; Ord. No. 1988-4; Ord. No. 1999-1; Ord. No. 2006-11]

The purposes of the Resource Conservation District are:

To encourage land use patterns and development practices which enhance Township, county and state efforts to retain farmland and protect and preserve agricultural activity within the Township.

To protect and promote the continuation of farming in Greenwich Township where farming is a valuable component of the local economy.

To protect prime soils and soils of statewide importance for their long-term value as an essential natural resource in any agricultural or horticultural pursuit.

To permit limited non-farm-related residential development in a location and manner that will be consistent with the continuation of farming and natural resource protection.

To support the preservation of existing farm operations and limit conflicts between agricultural and nonagricultural uses by encouraging the separation of residential from active farms.

To limit impervious coverage in order to maximize groundwater recharge capacities and protect underlying carbonate rock groundwater reserves.

To implement the goals, objectives, policies and programs set forth in the 2006 Land Use Plan, Conservation Plan and the recommendations of the 2006 Reexamination Report of the Master Plan and Development Regulations for the Township of Greenwich.

To protect agricultural lands and promote agriculture as a valuable component of the local economy and the essential character of the Township.

To encourage land use patterns and development practices which enhance Township, county and state efforts to protect surface and ground water capable of providing potable water supplies to the region, and protect and preserve underlying groundwater reserves for future generations of New Jersey citizens, consistent with the goals for water supply protection with the State Plan, the Highlands Water Protection and Planning Act and the Greenwich Township Master Plan.

[Ord. No. 12/29/75 A.XIX § 19.2; Ord. No. 1988-4; Ord. No. 1999-1; Ord. No. 2006-11]

Conventional subdivision. A subdivision which employs a fixed minimum lot size requirement, as specified in the appropriate district regulations.

Lot size averaging. A residential development option that allows a range of minimum lot areas, provided that the maximum density for the parcel is not exceeded.

Open lands. That portion of land, including any farm-related dwelling or accessory buildings located thereon, that is voluntarily deed-restricted by the landowner for resource conservation or agricultural use in order to qualify for the open lands subdivision pursuant to this chapter.

Unconstrained land. The area of a tract is not encumbered by wetlands, transition areas, state open waters, floodplain areas, riparian corridors, Category 1 (C-1) buffer areas, steep slope areas in excess of 20% existing easement areas and roads, and Highlands special or critical resource protection areas.

[Ord. No. 12/29/75 XIX § 19.3; Ord. No. 1988-4; Ord. No. 1999-1; Ord. No. 2006-11]

Farms. See Right-to-Farm Ordinance (§ 16-20 of this chapter).

Single-family detached dwellings.

Public recreation.

Public recreation parks and playgrounds, but not including amusement parks, commercial recreation or similar uses which detract from the natural rural characteristics of the district or are operated for profit.

Agricultural uses, including barns.

Harvesting of wild crops, such as berries and tree fruits.

Repair and maintenance of farm buildings and machinery located and used on the same premises, including required workshops.

Keeping of livestock, provided that no livestock shall be housed within a distance of 200 feet from any property line.

Conservation areas and public purpose areas.

Development Option I.

[Ord. No. 12/29/75A. XIX § 19.4; Ord. No. 1988-4; Ord. No. 1997-22; Ord. No. 1999-1; Ord. No. 2006-11]

Private garages.

Swimming pools in accordance with § 16-12.

Private greenhouses, garden houses, barns, silos, tool sheds, tennis courts and outdoor fireplaces.

Off-street parking.

Fences and walls. (See Subsection 16-4.11.)

Private residential tool or garden sheds.

Signs.

Temporary sales or construction trailer(s).

The trailer(s) shall be located on the same lot as the principal permitted use and shall meet all setback requirements for principal buildings in the zone.

The trailer(s) shall be shown on the site plan for the principal permitted use and shall be reviewed by the administrative officer on an individual case basis.

The trailer(s) shall be permitted to remain only for the period of construction, renting or sale of the permitted use.

Only one sales trailer and two construction trailers are permitted per project.

Amateur radio antennas [and antenna] support structure not to exceed 45 feet in height unless the structure is retractable. The height of a retractable antenna structure shall not exceed 45 feet when the structure is not being used for the transmission and/or reception of amateur radio signals and 65 feet when the structure is fully extended and in use for the transmission and/or reception of amateur radio signals.

Parking of one commercial vehicle not longer than 20 feet in length,

Dog runs. Dog runs are permitted as accessory uses to residential properties.

Horticultural use, including nursery or greenhouse, provided that the maximum impervious coverage standards for the zone are not exceeded, including all impervious coverage on the lot.

Home occupations.

Barns.

Parking and storage of farm equipment and vehicles related to the production of agriculture undertaken on the lot on which the vehicle is stored, or on a lot contained within the Greenwich Township Resource Conservation District.

Renewable energy facility, pursuant to Section 16-4.19 of the Greenwich Township Land Use Code.

[Added by Ord. No. 2010-06; amended by Ord. No. 2011-09; Ord. No. 2012-06]

[Added by Ord. No. 2010-06]

Renewable energy facility.

[Added by Ord. No. 2010-06]

[Ord. No. 1999-1; Ord. No. 2006-11]

No building shall exceed 35 feet in height and 2 1/2 stories.[1]

[1]

Editor's Note: Former Subsections 16-19.5b, regarding accessory buildings, and 16-19.5c, regarding farm structures, which immediately followed this subsection, were repealed 4-9-2018 by Ord. No. 2018-01.

Each individual use shall provide parking spaces according to § 16-10. Where a permitted use of land includes different specific activities with different specific parking requirements, the total number of required parking spaces shall be obtained by individually computing the parking requirements for each different activity and adding the resulting numbers together.

Dwelling units shall each provide two spaces per dwelling unit, which shall not encroach upon the right-of-way.

All uses shall comply with the off-street parking requirements of Subsection 16-10.1.

[Ord. No. 2006-11]

See Subsection 16-11.26.

[Ord. No. 2006-11]

District
		RCD Conventional Subdivision	RCD Development Option I
Minimum requirements:
Principal building:
	Lot area (acres)	20	2
	Lot frontage (feet)	400	150
	Lot width (feet)	400	150
	Lot depth (feet)	400	200
	Side yard (feet)	100	30
	Front yard (feet)	100	50
	Rear yard (feet)	100	50
Accessory building:
	Distance to side line (feet)	50	20
	Distance to rear line (feet)	50	20
	Distance to other building (feet)	20	20
Maximum requirements:
Impervious coverage		5%	10%**
Density (units/acre)		0.05	0.01

NOTES:
*	Where properties abut limited-access, major arterial, arterial and major collector roadways, an additional 40 feet shall be added to the minimum front setback or rear yard setback requirement. In the case of lots whose rear yard fronts on the above roadways, a landscaped berm of a minimum height of four feet is required and an easement shall be granted to the Township. The easement shall include a covenant that the owner shall be responsible for the maintenance of the easement area.
**	Maximum impervious coverage shall be reduced 1% when lots greater than two acres are provided, as follows:
3 acres or less:		9%
4 acres or less, but greater than 3 acres		8%
5 acres or less, but greater than 4 acres		7%
6 acres or less, but greater than 5 acres		6%
7 acres or less, but greater than 6 acres		5%
Lots greater than 7 acres		5%
Further provided that the total impervious coverage of the tract shall be limited to a maximum of 5% when some lots in the subdivision are proposed to allow more than 5% per lot. Deed restrictions shall be required to maintain the maximum 5% of tract impervious coverage requirement after the time of subdivision.

[Ord. No. 2006-11]

See Subsection 16-4.14 of this chapter for design standards.

[Ord. No. 2006-11]

See Subsection 16-4.11.

[Ord. No. 2006-11]

All subdivisions shall provide a plan for source-separation or recycling in accordance with local, county and state recycling requirements, as the case may be.

[Ord. No. 2006-11]

See § 16-5 of this chapter for design standards.

[Ord. No. 2006-11]

Purpose. The purpose of this development option is to provide flexibility in the arrangement of residential development that will allow for the preservation of the rural character, productive farmland soils, woodlands and other critical habitat areas found throughout the Township. The impervious coverage limits required are intended to maximize groundwater recharge capacities. It is intended that this ordinance will encourage development that minimizes negative environmental impacts while providing creative flexibility for residential and agricultural development. Unless otherwise stated, the standards stated below shall supersede other standards stated in this chapter.

Zoning requirements.

This lot size averaging subdivision option is available for parcels containing a minimum of 20 contiguous acres. Development parcels may be separated by existing roadways; however, a minimum of 20 acres shall be provided on each side of the road.

Permitted uses. Single-family detached houses, agricultural uses and accessory uses as stated in subsections 16-19.3 and 16-19.4.

Density. The maximum permitted density shall be 0.1 unit per gross acre. Gross acreage shall include the entire tract except existing street rights-of-way and those areas either to be dedicated or easements granted to the Township. In order to calculate the maximum permissible number of lots, the total gross tract acreage (exclusive of existing street rights-of-way, easements, and lands to be dedicated) shall be multiplied by 0.1.

Minimum lot size: two acres.

A lot-averaging subdivision may be permitted when the applicant proposes a distribution of lot areas within the subdivision that results in at least 50% of the lots having a minimum lot area of two acres, except in the case of a two-lot subdivision, in which case one of the two lots shall be not larger than two acres, and further provided that the minimum 80% open lands is provided. Lots in existence as of the date of adoption of this ordinance (July 20, 2006) 40 acres or less may be subdivided conventionally at a density of 0.10, provided that not less than 80% open lands are provided and non-open lands on each lot created do not exceed two-acres in area.

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

On tracts in areas which are predominantly active agricultural lands or consist of prime agricultural soils or soils of statewide importance, the preservation of agricultural lands and soils shall take precedence. On tracts in areas which are predominantly forested areas, the preservation of forested areas shall take precedence.

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

Minimum setback of building envelope from lakes or stream channels: 300 feet.

10.

Lot frontage. Where a lot abuts a noninterior public street, the minimum lot frontage shall be 200 feet.

11.

Minimum open lands required: 80%. (Note: *Open lands shall be deed restricted against any improvements resulting in an increase in impervious coverage above the 5% maximum impervious coverage on a lot.)

Details required for preliminary subdivision plats.

The applicant is advised to submit a concept plan of the lot-averaging subdivision for review and comment in accordance with the ordinance.

In addition to the requirements for conventional subdivisions, applications under this option shall provide, with the preliminary major subdivision application, the location of the building envelope for each lot proposed.

Design standards.

All lot size averaging subdivisions shall be governed by the following design standards:

Standards for Locating New Residential Development.

(a)

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

(b)

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

(c)

Development on hillsides shall be located at an appropriate point in the foreground to midground of the hill so that the development does not create a barrier to a ridgeline or other topographical feature perceived as a ridgeline or top of a hill visible from the existing road or scenic corridor.

(d)

Natural features such as trees, hilltops and views, natural terrain, open waters and natural drainage ridge lines shall be preserved wherever possible in designing any development containing such features. As part of the subdivision or site plan review process, development should be designed to preserve scenic vistas and views of cultural/historic landmarks and of unique geologic and topographic features. On hillsides, development should be sited below the ridgeline and the height and location of development should protect unobstructed views of the ridges from public roadways.

Design Standards for Public Roads.

(a)

Right-of-way width and cartway width for existing and proposed roadways on the Greenwich Township Master Plan shall comply with design standards outlined in this chapter.

(b)

Right-of-way width and cartway width for interior public streets shall comply with design standards for local roads.

(c)

Minimum distance between access points on Interior and noninterior public roads: 200 feet. Access points shall include individual and common driveways and on-site public roadways. Shared or common driveways shall be provided whenever possible to minimize the creation of new roads and unnecessary impervious coverage.

(d)

Sidewalks shall not be required; however, a bicycle path shall be required on noninterior public streets.

(e)

Curbing shall only be used where necessary to provide for stormwater management in accordance with accepted stormwater management practices.

(f)

Roadways shall follow existing contours to minimize the extent of cuts and fills. Landscape/Design features such as hedgerows, flowering shrubs, stone rows, and post-and-board fences shall be retained and placed within conservation easements.

Landscaping and lawns.

(a)

All basins shall require landscaping plans. Basin designs and landscape plans shall be designed so that they blend naturally into the landscape. Bioretention basins shall be provided where possible.

(b)

Interior roadways shall have deciduous trees planted 30 feet on center. Trees shall be a minimum of 2 1/2 inches in caliper at the time of planting.

Fencing and walls. See Subsection 16-4.11.

(a)

Perimeter fencing is permitted if it is post-and-rail or post-and-board type.

(b)

Privacy fencing shall be kept to a minimum and restricted to an area within the boundaries designated for permitted building envelopes.

(c)

Walls shall be permitted.

Accessory buildings and structures.

[Amended 4-19-2018 by Ord. No. 2018-01]

(a)

See § 16-5 of this chapter for design standards.

(b)

Septics, wells and driveways may be located outside building envelopes.

Existing Structures.

(a)

Existing structures shall be analyzed for their historic significance and salvageability.

(b)

Those structures deemed significant shall be saved for an adaptive use consistent with permitted uses in the zone.

(c)

Existing structures may remain outside of a lot's building envelope.

Concept plan review. An applicant for a lot-size averaging subdivision shall submit a concept plan of the subdivision to the administrative officer for review and comment.

The developer shall not be required to submit any application fees for informal concept plan review; however, no professional review(s) shall be undertaken unless the developer agrees to pay for said review(s) and files the escrow fees specified for concept plan review.

(a)

The developer shall not be bound by any plan for which concept review is requested, and the approving authority shall not be bound by any such review.

(b)

A developer desiring to have a concept plan reviewed by the approving authority shall so notify the administrative officer and schedule a meeting. A plan shall be submitted at least three weeks prior to a scheduled meeting with the administrative officer at which the concept review is requested.

Concept plan required details. The following information shall be provided for concept plan review:

(a)

A plan at a scale of not less than one inch equals 100 feet clearly and legibly drawn.

(b)

A key map at a scale of not less than one inch equals 800 feet showing the entire development and its relation to surrounding areas.

(c)

Existing structures and uses.

(d)

Existing and proposed street and lot layout in conformance with ordinance bulk standards, showing that portion proposed for development in relation to the entire tract.

(e)

Area of original tract.

(f)

Zoning district and North arrow.

(g)

Block and lot number for the tract.

(h)

Proposed method of water supply and sewage treatment.

(i)

Proposed access points and roadways.

(j)

Existing topography and contours based on United States Geological Survey (USGS) data, unless more detailed data is available, illustrating areas with slopes of 15% or greater.

(k)

Natural resources and features, such as forested areas, wetlands, major rock outcroppings, lakes, ponds, streams, drainage ditches, impoundments and watercourses.

(l)

Soil mapping and interpretations based on the United States Department of Agriculture (USDA) Soil Survey for Somerset County.

(m)

Location of flood hazard areas and floodways.

(n)

Existing easements, deed restrictions and covenants.

(o)

A written summary of how the concept plan provides for the arrangement of residential development that will allow for the preservation of the rural character, productive farmland soils, woodlands and other critical habitat areas and minimize negative environmental impacts.

(p)

Certification that the applicant is the owner of the land or the owner's duly authorized agent, or that the owner has given his consent under an option agreement or a contract to purchase.

[1]

Editor's Note: Former § 16-19A, BI Business Industrial Zone, previously codified herein and containing portions of Ordinance Nos. 1991-1, 2003-12 and 2005-05, was repealed in its entirety by Ordinance No. 2008-15.

[Ord. No. 2008-15 § 2]

The purposes of the Highlands Preservation Area (HPA) Zoning District are:

To encourage land use patterns and development practices which enhance the Township, county and state efforts to retain farmland and protect drinking water and other significant natural resources within the Township.

To permit limited nonfarm related residential development in a location and manner that will be consistent with the continuation of farming and natural resource protection.

To support the preservation of existing farm operations and limit conflicts between agricultural and nonagricultural uses by encouraging the separation of residential from active farms.

To limit impervious coverage in order to maximize groundwater recharge capacities and protect underlying carbonate rock groundwater reserves.

To encourage land use patterns and development practices which enhance Township, county and state efforts to protect surface and groundwater and other significant natural resources consistent with the provisions of the New Jersey Highlands Water Protection and Planning Act (N.J.S.A. 13:20-1 et seq.) and NJDEP Highlands Rules (N.J.A.C. 7.28 et seq.) which establishes the environmental standards and procedures by which the NJDEP shall review any development applications within the Highlands Preservation Area pursuant to the Highlands Act and the Greenwich Township Master Plan.

[Ord. No. 2008-15 § 2]

CONVENTIONAL SUBDIVISION

A subdivision which employs a fixed minimum lot size requirement, as specified in the appropriate district regulations.

HIGHLANDS ACT

The Highlands Water Protection and Planning Act, N.J.S.A. 13:20-1 et seq.

HIGHLANDS APPLICABILITY DETERMINATION (HAD)

Pursuant to the Highlands Act, a determination issued by the NJDEP in accordance with the N.J.A.C. 7:38-2.4 confirming whether a proposed development activity within the Preservation Area is a major development pursuant to N.J.A.C. 7:38-2.2, exempt from the Highlands Act pursuant to N.J.A.C. 7:38-2.3, and otherwise consistent with the applicable area wide Water Quality Management Plan as defined under N.J.A.C. 7:15.

HIGHLANDS PRESERVATION AREA APPROVAL (HPAA)

Pursuant to the Highlands Act, the authorization to engage in a regulated Activity in the Preservation Area in accordance with the rules and procedures established by the New Jersey Department of Environmental Protection at N.J.A.C. 7:38-6, including an HPAA that contains a waiver pursuant to N.J.S.A. 13:20-33b.

HIGHLANDS RESOURCE AREA

Those features within the Preservation Area that merit special protection pursuant to N.J.S.A. 13:20-32b such as Highlands open waters; flood hazard areas; steep slopes; forested areas; rare, threatened or endangered species habitat; rare or threatened plant habitat; areas with historic or archaeological features; and unique or irreplaceable land types.

HIGHLANDS RESOURCE AREA DETERMINATION (HRAD)

Pursuant to the Highlands Act, a determination issued by the NJDEP in accordance with N.J.A.C. 7:38-4.1 that confirms the presence or absence of a Highlands Resource Area on a site, and the location and, as applicable, the boundary of each Highlands Resource Area.

LOT SIZE AVERAGING

A residential development option that allows a range of minimum lot areas, provided that the maximum density for the parcel is not exceeded.

OPEN LANDS

That portion of land, including any farm-related dwelling or accessory buildings located thereon, that is voluntarily deed-restricted by the landowner for resource conservation or agricultural use in order to qualify for the open lands subdivision pursuant to this chapter.

PRESERVATION AREA

That portion of the Highlands Region so designated by N.J.S.A. 13:20-7b.

UNCONSTRAINED LAND

The area of a tract that is not encumbered by wetlands and wetland transition areas, state open waters, floodplain areas, riparian corridors, Category 1 (C-1) buffer areas, steep slope areas or other Highlands Resource Area.

[Ord. No. 2008-15 § 2]

In the Highlands Preservation Area Zoning District, the following shall apply:

Principal permitted uses on the land and in buildings.

Farms. See Right-to-Farm Ordinance (§ 16-20 of this chapter).

Single-family detached dwellings.

Public recreation.

Agricultural uses, including barns.

Harvesting of wild crops, such as berries and tree fruits.

Repair and maintenance of farm buildings and machinery located and used on the same premises, including required workshops.

Keeping of livestock, provided that no livestock shall be housed within a distance of 200 feet from any property line.

Conservation areas and public purpose areas.

10.

Development Option 1.

Accessory uses permitted.

Private garages.

Swimming pools in accordance with § 16-12.

Private greenhouses, garden houses, barns, silos, tool sheds, tennis courts and outdoor fireplaces.

Off-street parking.

Fences and walls. (See Subsection 16-4.11.)

Private residential tool or garden sheds.

Signs.

Temporary Sales or Construction Trailer(s).

(a)

The trailer(s) shall be located on the same lot as the principal permitted use and shall meet all setback requirements for principal buildings in the zone.

(b)

The trailer(s) shall be shown on the site plan for the principal permitted use and shall be reviewed by the administrative officer on an individual case basis.

(c)

The trailer(s) shall be permitted to remain only for the period of construction, renting or sale of the permitted use.

(d)

Only one sales trailer and two construction trailers are permitted per project.

Amateur radio antennas [and antenna] support structure not to exceed 45 feet in height, unless the structure is retractable. The height of a retractable antenna structure shall not exceed 45 feet when the structure is not being used for the transmission and/or reception of amateur radio signals and 65 feet when the structure is fully extended and in use for the transmission and/or reception of amateur radio signals.

10.

Parking of one commercial vehicle not longer than 20 feet in length.

11.

Dog runs are permitted as accessory uses to residential properties.

12.

Horticultural use, including nursery or greenhouse, provided that the maximum impervious coverage standards for the zone are not exceeded, including all impervious coverage on the lot.

Home occupations.

Barns.

Renewable energy facility, pursuant to Section 16-4.19 of the Greenwich Township Land Use Code.

[Added by Ord. No. 2010-06; amended by Ord. No. 2011-09; Ord. No. 2012-06]

Conditional uses.

[Added by Ord. No. 2010-06[1]]

Renewable energy facility.

[Added by Ord. No. 2010-06]

[1]

Editor's Note: This ordinance also provided for the renumbering of former Subsections c through j as Subsections d through k, respectively.

Maximum building height.

No building shall exceed 35 feet in height and 2.5 stories.

The height of accessory buildings shall not exceed 15 feet. This restriction shall not apply to barns located on active farms.

The height of farm structures shall not exceed 45 feet, except that the height of silos shall not exceed 65 feet.

Minimum off-street parking. Each individual use shall provide parking spaces according to § 16-10. Where a permitted use of land includes different specific activities with different specific parking requirements, the total number of required parking spaces shall be obtained by individually computing the parking requirements for each different activity and adding the resulting numbers together.

Dwelling units shall each provide two spaces per dwelling unit, which shall not encroach upon the right-of-way.

All uses shall comply with the off-street parking requirements of Subsection 16-10.1.

Permitted signs. See § 16-11, Sign Regulations.

Area and yard requirements (detached dwelling).

Minimum Requirements		HPA Conventional Subdivision		HPA Development Option 1
Principal building:
	Lot area (square feet)+	20 acres		2 acres
	Lot frontage (feet)	400		150
	Lot width (feet)	400		150
	Lot depth (feet)	400		200
	Side yard (feet)	100		30
	Front yard (feet)*	100		50
	Rear yard (feet)*	100		50
Accessory building:
	Distance to side line (feet)	50		20
	Distance to rear line (feet)	50		20
	Distance to other building (feet)	20		20
Maximum requirements:
	Impervious coverage (percent)	5		10**
	Density (units/acre)+	0.05		0.1
+	Lot area and density shall apply upon the issuance of a HAD or HPAA with waiver from NJDEP providing applicable relief to the development restrictions for major highlands development pursuant to Highlands Act at N.J.S.A. 13-20-1.
*	Where properties abut limited access, major arterial, arterial and major collector roadways, an additional 40 feet shall be added to the minimum front setback or rear yard setback requirement. In the case of lots whose rear yard fronts on the above roadways, a landscaped berm of a minimum height of four feet is required and an easement shall be granted to the Township. The easement shall include a covenant that the owner shall be responsible for the maintenance of the easement area.
**	Maximum impervious coverage shall be reduced 1% when lots greater than two acres are provided, as follows:
	3 acres or less		9%
	4 acres or less, but greater than 3 acres		8%
	5 acres or less, but greater than 4 acres		7%
	6 acres or less, but greater than 5 acres		6%
	7 acres or less, but greater than 6 acres		5%
	Lots greater than 7 acres		5%; and
Further provided that the total impervious coverage of the tract shall be limited to a maximum of 5% when some lots in the subdivision are proposed to allow more than 5% per lot. Deed restrictions shall be required to maintain the maximum 5% of tract impervious coverage requirement after the time of subdivision.

Landscaping and preservation of natural features. See § 16-4 of this chapter for design standards.

Fences, walls, and hedges. See Subsection 16-4.11.

Source-separation or recycling plan. All subdivisions shall provide a plan for source separation or recycling in accordance with local, county and state recycling requirements, as the case may be.

Accessory buildings. See § 16-5 of this chapter for design standards.

Requirements for development option 1: Lot Size Averaging in the HPA Zoning District.

Purpose. The purpose of this development option is to provide flexibility in the arrangement of residential development that will allow for the preservation of the rural character, productive farmland soils, woodlands and other Highlands Resource Areas found throughout the Township. The impervious coverage limits required are intended to maximize groundwater recharge capacities. It is intended that this ordinance will encourage development that minimizes negative environmental impacts while providing creative flexibility for residential and agricultural development. Unless otherwise stated, the standards stated below shall supersede other standards stated in this chapter.

Zoning requirements.

(a)

This lot size averaging subdivision option is available for parcels containing a minimum of 20 contiguous acres. Development parcels may be separated by existing roadways, however, a minimum of 20 acres shall be provided on each side of the road.

(b)

Permitted uses: single-family detached houses, agricultural uses and accessory uses as stated in Subsection 16-19.3a and b.

(c)

Density. The maximum permitted density shall be 0.1 units per gross acre. Gross acreage shall include the entire tract except existing street rights-of-way and those areas either to be dedicated or easements granted to the Township. In order to calculate the maximum permissible number of lots, the total gross tract acreage (exclusive of existing street rights-of-way, easements, and lands to be dedicated) shall be multiplied by 0.1.

(d)

Minimum lot size: two acres.

(e)

A lot averaging subdivision may be permitted when the applicant proposes a distribution of lot areas within the subdivision that results in at least 50% of the lots having a minimum lot area of two acres, except in the case of a two lot subdivision, in which case one of the two lots shall be not larger than two acres, and further provided that the minimum 80% open lands is provided. Lots in existence as of the date of adoption of this ordinance (date of adoption here mo/day/yr.) 40 acres or less may be subdivided conventionally at a density of .10 provided that not less than 80% open lands are provided and non-open lands on each lot created do not exceed two acres in area.

(f)

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

(g)

(h)

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

(i)

Minimum setback of building envelope from lakes or stream channels: 300 feet.

(j)

Lot frontage. Where a lot abuts a non-interior public street, the minimum lot frontage shall be 200 feet.

(k)

Minimum open lands required: 80%*.

*Open lands shall be deed restricted against any improvements resulting in an increase in impervious coverage above the 5% maximum impervious coverage on a lot.

Details required for preliminary subdivision plats.

(a)

The applicant is advised to submit a concept plan of the lot averaging subdivision for review and comment in accordance with the ordinance.

(b)

(c)

The applicant is advised to submit a HPAA with Waiver from NJDEP demonstrating that the lot averaging subdivision is consistent with the provisions of the Highlands Act.

Design standards. All lot size averaging subdivisions shall be governed by the following design standards:

(a)

Standards for locating new residential development.

(1)

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

(2)

(3)

Development on hillsides shall be located at an appropriate point in the foreground to midpoint of the hill so that the development does not create a barrier to a ridgeline or other topographical feature perceived as a ridgeline or top of a hill visible from the existing road or scenic corridor.

(4)

(5)

The development shall provide for the protection of any other Highlands Resource Area as may be identified through a HRAD issued by the NJDEP in accordance with N.J.A.C. 7:38-4.1.

(b)

Design standards for public roads.

(1)

Right-of-way width and cartway width for existing and proposed roadways on the Greenwich Township master plan shall comply with design standards outlined in this chapter.

(2)

Right-of-way width and cartway width for interior public streets shall comply with design standards for local roads.

(3)

(Reserved)

(4)

Minimum distance between access points on interior and non-interior public roads: 200 feet. Access points shall include individual and common driveways and on-site public roadways. Shared or common driveways shall be provided whenever possible to minimize the creation of new roads and unnecessary impervious coverage.

(5)

Sidewalks shall not be required, however, a bicycle path shall be required on non-interior public streets.

(6)

Curbing shall only be used where necessary to provide for stormwater management in accordance with accepted stormwater management practices.

(7)

Roadways shall follow existing contours to minimize the extent of cuts and fills. Landscaping/design features such as hedge rows, flowering shrubs, stone rows, and post and board fences shall be retained and placed within conservation easements.

(c)

Landscaping and lawns.

(1)

All basins shall require landscaping plans. Basin designs and landscape plans shall be designed to that they blend naturally into the landscape. Bioretention basins shall be provided where possible.

(2)

Interior roadways shall have deciduous trees planted 30 feet on center. Trees shall be a minimum of 2 1/2 inches in caliper at the time of planting.

(d)

Fencing and walls. See Subsection 16-4.11.

(1)

Perimeter fencing is permitted if it is post and rail or post and board type.

(2)

Privacy fencing shall be kept to a minimum and restricted to an area within the boundaries designated for permitted building envelopes.

(3)

Walls shall be permitted.

(e)

Accessory buildings and structures.

(1)

Accessory buildings shall be located within the principal building envelope areas.

(2)

Accessory structures shall be located within the building envelope area unless otherwise stated in this ordinance.

(3)

Septics, wells and driveways may be located outside building envelopes.

(f)

Existing structures.

(1)

Existing structures shall be analyzed for their historic significance and salvageability.

(2)

Those structures deemed significant shall be saved for an adaptive use consistent with permitted uses in the zone.

(3)

Existing structures may remain outside of a lot's building envelope.

Concept plan review. An applicant for a lot-size averaging subdivision shall submit a concept plan of the subdivision to the Administrative Officer for review and comment.

(a)

(1)

The developer shall not be bound by any plan for which concept review is requested, and the approving authority shall not be bound by any such review.

(2)

A developer desiring to have a concept plan reviewed by the approving authority shall so notify the administrative officer and schedule a meeting. A plan shall be submitted at least three weeks prior to a scheduled meeting with the Administrative Officer at which the concept review is requested.

(b)

Concept plan required details. The following information shall be provided for concept plan review:

(1)

A plan at a scale of not less than one inch equals 100 feet clearly and legibly drawn.

(2)

A key map at a scale of not less than one inch equals 800 feet showing the entire development and its relation to surrounding areas.

(3)

Existing structures and uses.

(4)

Existing and proposed street and lot layout in conformance with ordinance bulk standards, showing that portion proposed for development in relation to the entire tract.

(5)

Area of original tract.

(6)

Zoning district and North arrow.

(7)

Block and lot number for the tract.

(8)

Proposed method of water supply and sewage treatment.

(9)

Proposed access points and roadways.

(10)

Existing topography and contours based on United States Geological Survey (USGS) data, unless more detailed data is available, illustrating areas with slopes of 15% or greater.

(11)

Natural resources and features, such as forested areas, wetlands, major rock outcroppings, lakes, ponds, streams, drainage ditches, impoundments and watercourses.

(12)

Soil mapping and interpretations based on the United States Department of Agriculture (USDA) Soil Survey for Somerset County.

(13)

Location of flood hazard areas and floodways.

(14)

Existing easements, deed restrictions and covenants.

(15)

(16)

Certification that the applicant is the owner of the land or the owner's duly authorized agent, or that the owner has given his consent under an option agreement or a contract to purchase.

[Ord. No. 1998-18]

Uses listed as conditional uses in a particular district may be permitted after it has been determined that the development proposal complies with the conditions and standards set forth herein for the location and operation of such use.

[Ord. No. 1998-18]

Existing residential or farm structures may be converted into a professional office or low-impact general office use in the R-7 Residential Zone.

The minimum tract size shall be 25 acres.

The proposed business activity shall have direct access to a collector or arterial street.

The maximum floor area ratio of area devoted to the business activity shall be .023.

Not more than 10% of the total tract area may be devoted to the office use. The remainder of the tract shall be deed restricted to permitted farm activities and related farm residential use. This remainder property shall be deed restricted from further subdivision.

Any now construction on site in association with the office use shall maintain, to the extent possible, a rural agricultural and/or residential scale and appearance and shall be sited in such a way as to blend into the existing rural agricultural appearance of the property.

Any new construction on site in association with the office use shall maintain side and rear yard setbacks twice that ordinarily required in the zone. Where conversion of an existing dwelling or farm structure is proposed, the conversion shall not cause the structure to infringe into the otherwise required front, side or rear setback.

No office use shall have more than 30 employees on site at any given time.

[Ord. No. 1998-18]

Riding academies, liveries or boarding stables are subject to the following provisions:

A lot area of not less than 10 acres shall be required.

Dwellings and accessory farm buildings shall be permitted in accordance with the regulations for agriculture and horticulture.

No more than one horse per acre shall be permitted.

Horse shows shall be permitted only by approval of the Township Committee and shall be limited to a specified number each year for each riding academy.

Parking. No less than one off-street parking space shall be provided for every three horse boarding spaces.

[Ord. No. 1998-18]

The keeping of more than six dogs that are more than six months old for breeding, training, selling, or boarding for a fee is permitted, provided that the following conditions are met:

Minimum lot size shall be 10 acres.

No animal shelter or runway shall be located closer than 300 feet to any residential building other than the owner's.

The total number of dogs on the property shall not exceed five dogs per acre, or 30 dogs maximum, excluding dogs under six months of age.

All kennels must present proof of a waste disposal and a management program certified acceptable by the County Health Department or local Board of Health.

Parking. There shall be no less than one off-street parking space for each employee, plus one space for each seven animals in capacity; except for training, where one space shall be provided for each three animals.

[Ord. No. 1998-18]

Such use shall include the conversion of an existing dwelling into more than one dwelling or the conversion of an accessory building into no more than one dwelling, provided that:

The yard requirements for the district in which the use is located shall be met.

There shall be a maximum of one residential conversion per residential building or residential lot.

The following minimum floor areas per unit shall be required:

Type	R-75 District (square feet)	Other Districts (square feet)
Efficiency	300	600
1-bedroom	400	700
2-bedroom	600	950

All conversions must comply with all applicable regulations of the State of New Jersey in addition to all local building codes and permit requirements of Greenwich Township and Warren County, as applicable.

The appearance of the conversion shall be in conformance with the existing structure regarding size, bulk, etc.

Where provided, exterior fire escapes and outside stairways shall be located at the rear or side of the building.

Documentation that the existing well and septic system can accommodate additional unit demands is required.

Parking. There shall be no less than two off-street parking spaces for each dwelling unit. In addition, the following standards shall be met:

No off-street parking shall be permitted in the front yard. Parking in the side and rear yards shall be visibly buffered from the street and the adjacent yards.

The intensity of development may be contingent upon the amount of parking permitted for any given lot. No parking shall be so extensive in proportion to the total area of any lot so as to detract from the residential character of the community. The maximum impervious surface ratio for the district may not be exceeded.

All drainage on-site shall be handled in accordance with the recommendations of the Municipal Engineer.

The owner must reside on the property used for residential conversion.

[Ord. No. 1998-18]

The use and occupancy of a detached dwelling shall be permitted for accommodating transient guests for rent, subject to the following additional conditions and restrictions:

No more than six guest rooms may be provided. No more than two adults and two children may occupy one guest room.

The minimum lot size for the guest house use shall be six acres in the R-7 District and one acre in the Town Center District.

No external alterations, additions or changes to the exterior structure shall be permitted except as required by the State of New Jersey or any other governmental agency for safety reasons.

The use shall be carried on primarily by members of the immediate family which must reside on the premises. Nonresident employees shall be limited to two in addition to the resident members of the family.

There shall be no separate kitchen or cooking facilities in any guest room. Food shall be served only to guests on the premises.

The maximum uninterrupted length of stay at a guest house shall be 14 days.

The use of any amenities provided by the guest house such as swimming pools or tennis courts shall be restricted in use to guests of the establishment.

There shall be no use of show windows or display or advertising visible outside the premises to attract guests other than a single, nonilluminated sign which meets the regulations set forth in § 16-11 of this chapter.

If the facility is served by an on lot water supply system and/or an on lot wastewater disposal system, the applicant shall demonstrate to the satisfaction of the municipal Health Officer and the governing body that these on lot facilities are adequate to serve the maximum number of guests which could be housed at the facility at any one time for a sustained period.

Parking. One off-street parking space shall be provided for each guest room, plus one space for each employee and two spaces for the owners of the property. The off-street parking spaces shall be located either to the rear of the main dwelling or screened from the roadway by a five-foot fence or plant material as specified by the reviewing Board.

[Ord. No. 1998-18]

Such use shall include a church, synagogue or other place of worship, provided that:

The use of the principal structure shall be for public worship with the intent of a community-based congregation.

Maximum impervious coverage permitted shall be 50%.

Minimum yards. Where said use abuts a residential use, the minimum yard shall be doubled.

Parking. There shall be one off-street parking space for each three seats provided for patron use, or at least one off-street parking space for each 40 square feet of gross floor area used or intended to be used for service of patrons, guests, or members, whichever requires the greater number of off-street parking spaces, plus one additional space for each full-time employee. Parking areas shall be adequately screened when situated next to land zoned for or in residential use.

[Ord. No. 1998-18]

A school shall include a private school, religious or nonreligious, and a public school which is not conducted as a private, gainful business, and is licensed under the proper governmental authority, provided that:

Minimum lot area.

The minimum lot area for an elementary school shall be 10 acres, plus one acre for each 100 students of projected maximum enrollment of the school in excess of 1,000 students.

The minimum lot area for a junior high or middle school or high school shall be 20 acres, plus one acre for each 100 students of projected maximum enrollment of the school in excess of 1,000 students.

Access shall be onto an arterial or collector road as delineated in the Municipal Master Plan.

Outdoor play areas shall be screened so as to protect - adjacent residential neighborhoods from inappropriate noise and other disturbances.

Parking.

Elementary school, kindergarten, junior high school or middle school. There shall be no less than one off-street parking space for each faculty member and employee plus one space per two classrooms.

Senior high school. There shall be no less than one off-street parking space per faculty member and employee, plus one space per 10 students of projected building capacity.

[Ord. No. 1998-18]

Such use shall include a recreational facility, wildlife refuge or park, owned or operated by the municipality, other governmental agency, quasi-public association or homeowners' association, provided that:

No outdoor active recreational area shall be located nearer to any lot line than 100 feet.

Outdoor play areas shall be sufficiently screened and isolated so as to protect the neighborhood from inappropriate noise and other disturbances.

Parking. There shall be no less than one off-street parking space for each five persons of total design capacity of the facility. Parking areas shall be adequately screened when situated next to land zoned for or in residential use.

[Ord. No. 1998-18]

A golf course may include a nine- or eighteen-hole golf course, a clubhouse, restaurant and other accessory uses, provided that these are clearly accessory to the golf course, and is subject to the following provisions:

A lot area of not less than 140 acres for an eighteen-hole golf course and 70 acres for a nine-hole golf course shall be required.

No building shall be closer than 100 feet to any lot line.

A buffer shall be provided, in accordance with the provisions of Subsection 16-4.14, along side and rear property lines where abutting properties are in any residential district.

Parking. There shall be one off-street parking space per four people of total design capacity, including accessory uses.

[Ord. No. 1998-18]

A cemetery shall include a burial place or graveyard, including a mausoleum, crematory, or columbarium, provided that:

Cemetery area and bulk regulations.

The minimum lot size shall be 25 acres.

No more than 10% of the entire area, to a maximum of five acres, may be devoted to aboveground buildings not serving as burial markers or memorials, such as business and administration offices, chapels, maintenance facilities, bathhouses, greenhouses, work houses, repair shops and the like. This restriction includes parking facilities.

For all accessory buildings, the setback line requirement shall be the same as for single-family detached dwellings in the zone in which the cemetery is located.

A twenty-foot buffer strip shall be provided between a building or burial site and the cemetery property line.

The side yard for all accessory buildings shall be the same as that required for single-family detached dwellings in the zone in which the cemetery is located.

If the cemetery area exceeds 50 acres, one dwelling, to be used for custodial personnel, may be permitted. If the cemetery area is less than 50 acres, there shall be no dwellings.

Cemetery design standards.

The maximum height of mausoleums, columbariums and other burial structures shall be 15 feet.

The maximum height of accessory buildings, including dwelling units where permitted, shall be three stories or 35 feet.

For all entrance features, including gates, fountains, statuary, identification signs and the like:

(a)

There shall be not more than two identification signs at such entrance, and the same shall conform to § 16-11.

(b)

The main portion of entrance features shall be located at least 10 feet from the nearest right-of-way line of any public street.

(c)

No such entrance features shall exceed 12 feet in height.

Parking.

Accessory Buildings Other than Chapels. There shall be no less than one space for each 200 square feet of floor area.

Chapels. There shall be no less than one space for each 100 square feet of floor area of auditorium or three fixed seats, whichever is greater.

[Ord. No. 1998-18]

Home occupations may be permitted, provided that:

Noise or other objectionable characteristics incident thereto shall not be discernible beyond the boundaries of the lot.

The total floor area, including accessory structures, devoted to any permitted home occupation shall not exceed 25% of the habitable floor area of the principal building.

The requirements for home occupations provided in Subsection 16-3.3, Definitions, are met.

[Ord. No. 1998-18]

Such use shall include a residential accessory structure or use, including but not limited to:

Parking spaces for the parking of passenger automobiles; parking of commercial vehicles not exceeding one-ton loading capacity within a completely enclosed building.

Structures, such as fences and walls, with a maximum height of seven feet.

Buildings such as storage sheds, bathhouses and private greenhouses, provided that they meet the following requirements:

All structures with a floor area of less than 100 square feet shall be no closer than 12 feet to any property line.

All structures with a floor area of 100 square feet or more shall meet the setback requirement of the applicable district.

[Ord. No. 1998-18]

A maximum of one attached/detached accessory residential dwelling structure on lots having at least 40 acres and whose principal use is a farm shall be permitted.

Such a structure shall be utilized by domestic servants, caretakers, farm labor or family members and for occasional gratuitous guests.

Bulk requirements of the R-7 District apply.

No less than one off-street parking space shall be allocated to the accessory residential dwelling unit.

[Ord. No. 1998-18]

Boarding shall include the keeping of not more than two roomers, boarders or lodgers on a monthly lease basis as an accessory use within the principal structure use and shall be permitted, provided that:

The use of an existing building for boarding shall be permitted subject to the following regulations:

Applications shall be filed with the Municipal Zoning Officer.

The application shall consist of a written request and the following information:

(a)

Four photographs of the house, one showing each side of the building.

(b)

Sketch plan of the lot showing width and depth of the lot, size and location of all structures, including any accessory buildings such as garages and storage sheds.

Any dwelling converted shall be occupied in part by the owner or his agent.

No additional rooms shall be constructed for this purpose.

Parking. No less than two off-street spaces shall be permitted per dwelling unit.

[Ord. No. 1998-18]

Such use shall include the office of veterinarian with accessory animal kennel. Such use shall be subject to the following provisions:

Such use shall require a minimum of 10 acres if it includes a kennel or the outdoor boarding of dogs. No animal runway or outdoor pen shall be located closer than 150 feet from any lot line, street line or zoning district boundary.

Parking. There shall be no less than one off-street parking space for every 300 square feet of gross floor area. All parking shall include frontage buffers in accordance with Subsection 16-4.14D.

[Ord. No. 1998-18]

An area with a specified minimum contiguous acreage of 50 acres or more may be developed as a single entity according to a plan containing one or more residential clusters, whereby the open space created by the clustering of the residential units may be used for commercial recreational purposes. Variations of a PRRC community are also:

Planned residential eighteen-hole golf course country club development. A PR RC with a minimum contiguous area of 250 acres or more, where the primary commercial recreational use is an eighteen hole golf course country club.

Planned residential nine-hole golf course country club development. A PRRC with a minimum contiguous area of 125 acres or more, where the primary commercial recreational use is a nine-hole golf course country club.

Planned equestrian community. A planned residential recreation development with a minimum contiguous area of 50 acres or more specially designed for those persons and households who wish to raise, keep and enjoy horses, ponies and mules in a rural atmosphere featuring bridle paths and individual and common stables. Facilities in a planned equestrian community can be open to the public for commercial gain.

Planned dude ranch community. A planned residential recreation development with a minimum contiguous area of 100 acres or more specially designed around open space created or used to allow tourists and vacationers to experience the lifestyle of a working farm.

Planned health and recreation community. A planned residential recreation development with a minimum contiguous area of 150 acres or more specially designed for those persons and households who wish to enjoy a wide range of health and outdoor recreation activities as part of their residential lifestyle. The focus of the planned health and recreation community would be a community center or country club which could include recreation facilities such as tennis courts, swimming pools, play areas, health spas, cross country skiing, jogging trails, putting greens, clubhouses, exercise rooms and activity rooms. A country club open to public membership would also be permitted in a planned health and recreation community.

Intent.

The intent of this subsection is to permit, as a conditional use in the portions of the R-7 Zone which are designated to be severed, PRRC's which provide for the construction of detached single-family dwellings on smaller lots than would otherwise be permitted in conventional subdivisions and the construction of certain types of attached single-family dwellings, at a density reflecting the carrying capacity of the land in the R-7 Zone, in exchange for open space for the development of commercial-recreational facilities to provide a variety of recreational opportunities primarily for the use by the residents of the development. A development consisting of commercial recreational facilities and residential units should be integrated into the site as to protect and preserve significant natural features and resources (such as steep slopes, woodlands, wetlands, floodplains, stream corridors and scenic vistas).

A prospective developer of a planned residential recreation community must submit a conceptual plan for informal review prior to the submission of a formal development application to enable the Land Use Board to evaluate and comment on the suitability of the tract in question for a planned residential recreation community which will satisfy the intent of this section and the required conditions set forth at Subsection 16-19B.16c below.

[Amended by Ord. No. 2014-02]

Required conditions for a planned residential county club development.

Total land area.

(a)

A planned residential recreation development shall embrace a minimum contiguous land area as specified below for each type of PRRC, located entirely within a portion of the R-7 designated for sewers:

Type of PRRC	Total Minimum Land Area (acres)
Planned residential eighteen-hole golf course country club development	250
Planned Residential nine-hole golf course country club development	125
Planned equestrian community	25
Planned dude ranch community	100
Planned health and recreation community	150

(b)

For the purposes of this section, the term "contiguous" shall mean separate parcels joined by a common boundary at least 500 feet in length, to ensure the creation of large, integrated open space areas. Such parcels may be separated by an existing street classified as a local street, provided that each parcel has at least 500 feet of frontage directly across from each other when measured between the same two points spaced 500 feet apart along the street center line.

Permitted uses in all PRRCs. The uses listed below shall only be permitted in conjunction with those permitted uses listed for the R-7 Zone.

Permitted Accessory Uses in All PRRC's:

(a)

Garages and off-street parking facilities.

(b)

Decorative structures shown on the approved plan as part of the plan for the development, including walls, fences, lampposts, trellises and the like.

(c)

Signs in accordance with § 16-11 of Greenwich Township's Zoning Ordinance.

(d)

Public utility structures.

(e)

Swimming pools, tennis courts and playgrounds in conjunction with permitted use of the golf course and clubhouse.

(f)

Nonstructural passive recreational uses, including hiking, bicycling and cross-country skiing.

Permitted uses in a planned nine- or eighteen-hole golf course country club:

(a)

The minimum acreage for an eighteen-hole golf course country club shall be 110 acres. The minimum acreage for a nine-hole golf course country club shall be 55 acres.

(b)

Private membership golf course.

(c)

A private membership country club with facilities, including men's and women's locker rooms, rest rooms, showers, dining rooms and/or snack bar, meeting and banquet facilities, kitchens and/or grills, offices, pro shops, golf cart and club storage, only in conjunction with a private membership golf course. The maximum square footage of the clubhouse shall be 40,000 square feet.

(d)

Permitted accessory uses:

(1)

Storage and maintenance buildings necessary for the upkeep of the golf course country club.

Permitted uses in a planned equestrian community:

(a)

Stables.

(b)

Equine veterinary facilities and riding academies are permitted commercial uses in all planned equestrian communities with an area of 100 acres or more.

Permitted uses in a Planned Dude Ranch Community.

(a)

Guest facilities. Guests could be accommodated through an expansion of an existing residential structure, designed as part of a new residential structure or in a motel architecturally designed as an integral part of the farm complex. There would be a limit of 10 guest rooms per 50 acres in a planned dude ranch community.

(b)

A farmer's market consisting of booths and stalls selling farm produce, crafts and food services is permitted in a planned dude ranch community with an area of 200 acres, but the farmer's market can occupy only five acres of the total property.

Permitted uses in a planned health and recreation community:

(a)

Outdoor recreational facilities.

(b)

Health spas.

(c)

Country club facilities. Total membership in a health and recreation club shall be restricted by two times the number of dwelling units minus one.

(d)

A planned health and recreation community with 400 acres or greater could include all of the commercial facilities permitted in the other types of planned residential recreational developments.

Density. The maximum number of dwelling units permitted to be constructed in a PRRC shall be one dwelling unit per five acres or .2du/ac.

Public utilities. All PRRC developments shall be served by public utility services, including municipal or municipally authorized private utility sewerage systems and sewage treatment plants, water supply and distribution systems, electric, telephone and CATV services.

Design criteria. The following design standards shall apply to the commercial recreation uses and related facilities:

Parking for commercial recreational uses.

(a)

Restaurant and banquet facilities: one space per three seats.

(b)

Golf course: five spaces per hole.

(c)

Courts: two spaces per court.

(d)

Swimming pools: one space per 100 square feet of pool surface area.

(e)

All other facilities not specified above, excluding locker rooms and storage and maintenance areas: one space per 250 square feet of floor area.

(f)

All parking spaces serving the golf course above 50 spaces can be satisfied in parking areas using grass paver blocks or similar semipervious building materials.

(g)

Riding academy: one space per three horse boarding spaces.

(h)

Equine veterinary facilities: one space per 300 square feet of floor area.

(i)

Dude ranch guest rooms: one space per room.

(j)

Farmer's market: one space per 125 square feet of building area.

(k)

Sports equipment shop: one space per 300 square feet of floor area.

(1)

Boat sales and rental: one space per 300 square feet of floor area.

Landscaped buffers shall be provided between the residential properties and the commercial recreation uses in order to protect the privacy of the residents of the PRRC.

Coverage. All PRRC's shall have a maximum impervious coverage of 25% or less.

Buffers. All commercial recreation and retail uses in a PRRC shall be set back a minimum of 150 feet from all off tract property lines.

Height. The Land Use Board may permit a building height of up to 40 feet if there is a finding that the additional building height contributes to a distinctive architectural character which furthers the intent of the PRRC use.

[Amended by Ord. No. 2014-02]

Common open space.

All of the land not improved and not utilized for residential lots or commercial recreational use in a PRRC shall be designated as common open space. All PRRC uses are required to maintain a minimum of 70% in open space or recreation area.

All property owners in the development shall have the right to use the common open space and any recreational facilities located on the site.

All open space and all common elements in the development shall be deeded to a homeowners' association established to own and maintain the common elements as provided at N.J.S.A. 40:55D-43. The homeowners' association documents shall be submitted to the Municipal Attorney prior to final approval of the PRRC.

If a commercial recreation facility is discontinued for whatever reason, the minimum amount of open space required to meet duster development requirements shall be deeded back to the homeowners in the planned recreational residential development at a nominal cost. Any open space acreage above the minimum amount which must be set aside to meet the open space requirements of a cluster development can be retained by the owner of the commercial facility if this use ceases to exist. This open space can then be used for other activities permitted in the zone only after a public hearing and approval of an application by the Land Use Board. In its evaluation of the reuse of any open space retained by the owner of the commercial facility, the Board should be guided by the intent of the R-7 District and the purpose of the planned residential development conditional use which is preservation of natural features and resources and creation of an open space setting compatible with a rural residential lifestyle and a fitting of the intensity of development within the carrying capacity limitations of the land.

[Amended by Ord. No. 2014-02]

Development review procedures.

The applicant should be required to submit plans in accordance with the procedures in Chapter 14, Site Plan Review.

The applicant for a planned golf course country club development shall be required to prove that sufficient water is available, even during periods of drought, for irrigation of the golf course turf A study shall be undertaken and the report prepared by a certified hydrogeologist on the availability of water for irrigation. The report shall list the sources of water supply proposed to be used, and the study shall include a comparison of the amount of water needed for irrigation to the amount of water currently available. If groundwater is to be pumped for irrigation purposes, the impacts on wells on adjacent properties during periods of normal rainfall as well as during periods of drought shall be documented and included in the hydrogeologic report. The report shall be prepared in accordance with the guidelines described in the New Jersey Geological Survey Report GSR-29.

The applicant shall also provide an economic study on the maintenance and operation costs involved in the commercial recreation facilities in a PRRC in relation to the number of members and the estimated fees required to sustain such a facility.

The applicant for a planned equestrian community shall be required to present an acceptable plan for the maintenance of bridle paths and the handling of equine wastes.

[Ord. No. 1999-1]

In the B-1 District only, a residential accessory apartment may be permitted above a nonresidential use in accordance with the following conditions.

No structure may contain more than two apartments above the first floor.

The minimum floor area for accessory dwelling units shall be as follows:

Efficiency units/studios: 450 square feet.

One-bedroom units: 600 square feet.

Two-bedroom units: 750 square feet.

Three-or-more-bedroom units: 880 square feet.

Accessory units shall be complete and independent living areas containing a living/sleeping area with a kitchen and complete sanitary facilities for the exclusive use of its occupants. It shall consist of not less than two rooms, one of which shall be a full bathroom.

The dwelling unit may only be developed in combination with a permitted nonresidential use which must be the primary use of the structure.

No dwelling unit may be located on the ground floor, basement or attic area.

The accessory dwelling unit shall comply with all applicable building codes and all the laws of the State of New Jersey and the Township of Greenwich, including all building codes and Board of Health requirements.

For each accessory dwelling unit, there shall be provided 1.5 parking spaces per unit plus .5 spaces per bedroom. Such spaces shall have direct and unrestricted driveway access and not be blocked by any other parking spaces.

No directly contiguous nonresidential use shall be permitted on the same floor with a residential use.

The residential portion of any structure shall have a separate entrance, whether directly or via an unobstructed passageway.

[Ord. No. 1999-1]

Self-storage facilities or mini-warehouses for the use of the general public, where conditionally permitted, shall adhere to the following:

No self-storage unit shall be more than one story or 20 feet in height.

Units shall be sited in such a manner and landscaping provided such that no storage units shall be visible from the public right-of-way. Only the associated office, if any, and any permitted signage shall be visible from the public right-of-way.

Any application for such development shall include a detailed landscape plan, prepared by a certified landscape architect in the State of New Jersey, which shall include plantings, in combination with the siting of the facility and the natural topography of the site, which will have the effect of providing a year-round screening of the site from the public right-of-way. The Board may require fencing and/or walls in addition to any required planting where it deems it necessary to property shield such facilities from the public view.

Bright colors shall not be used in the construction or painting of such facilities, including doors and trim. Earth tones shall be employed wherever possible.

[Ord. No. 1999-1]

Where permitted, a fast-food drive-through restaurant shall be physically attached to and part of a planned neighborhood convenience or planned regional shopping center in the B-2 District. Such use shall not be freestanding.

No flags, hanging banners, strings of banners or other such signs shall be permitted. See also Subsection 16-11.9. Window signs shall be permitted where they total not more than 15% of window area and where all other requirements of Subsection 16-11.11j are met. There shall not be more than one window sign at any given time.

The architecture, landscaping and overall design of any fast food drive-through restaurant shall be consistent with the approved architecture, landscaping and overall design of the planned commercial development of which it is a part. Such use shall be designed as an integral part of the overall center.

[Ord. No. 1999-1]

Motor vehicle/automobile service stations, filling or gasoline stations and motor vehicle repair garages, shall comply with the requirements of the B-I Zone, except where altered as follows:

Each lot shall have a minimum lot size of two acres.

All buildings shall have minimum floor area of 1,500 square feet, except for shelter kiosks which may be associated with the station. A convenience store shall be permitted with a service station, provided that the convenience store not exceed a maximum of 5,000 square feet and further provided that said store meet all other bulk provisions of the zone and site plan/design provisions of the chapter.

A landscape buffer strip shall be established and maintained along all lot lines (or boundaries of the area leased for the use in the case of a planned shopping center) other than street lines, except that access driveways may cross, but not otherwise be located within the buffer strip, if necessary. Such buffer strips shall be a minimum of 25 feet in width except where a greater area is required in conjunction with a required frontage buffer, commercial landscape strip or transition buffer as required by Subsection 16-4.14, in which case the greater of the buffer/landscape areas shall be provided.

Where the required buffer is not superseded by that identified in Subsection 16-4.14, the buffer shall be landscaped by the planting of grass and/or ground cover, shrubs and trees. Two shrubs and one tree shall be provided for each 500 square feet of area, or fraction thereof, of the buffer strip. If located within a planned shopping center, the landscaping of the use shall be consistent with the overall landscape plan of the center. If not part of the center, the buffer strip requirement identified above in Subsection 16-19B.20c, shall also contain screening of dense hedges (not less than three feet in height at the time of planting) and/or decorative fencing (six feet in height).

No public or private garage accommodating more than five vehicles and no service stations shall have any entrance or exit within 200 feet of the entrance to a public school, public library, theater, church, hospital, public park, playground or fire station.

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. All public garages and service stations shall be so arranged and all gasoline pumps shall be so placed, as to permit all services to be rendered entirely within the lot lines. No gasoline or oil pumps shall be placed within 40 feet of any street line or lot line.

Accessory goods for sale may be displayed out of doors on the pump islands(s) and 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 not to include tie racks or sheds. Tires shall be stored only inside the principal building. No vending machines shall be located out of doors.

All areas of the site not landscaped or in a buffer area shall be paved with an asphalt bituminous or cement binder pavement which shall be graded and drained to dispose of all surface water, as approved by the Township Engineer.

Any repair of motor vehicles shall be performed in a fully enclosed building, and no motor vehicle shall be offered for sale on the site. No motor vehicle parts or partially dismantled motor vehicle shall be stored outside of an enclosed building.

No vehicles shall be permitted to be standing or parked on the premises of a filling station other than those used or served by the employees.

Any outdoor storage of waste materials or supplies shall be to the rear of the building and within an area entirely enclosed by a board-on-board fence enclosure to a height of not less than six feet. The area of such enclosure shall not exceed 100 square feet and shall not be closer than 15 feet to any lot or street line and not closer than 25 feet to another lot which is within a residential district or a street line which is across the street from a residential district except where any of the provisions of Subsection 16-4.14 require a greater area, in which case such area shall be provided.

No waste material whatsoever shall be discharged into any watercourse or storm drainage system.

[Added by Ord. No. 2010-06]

Conditional use standards for renewable energy facilities can be found in Section 16-4.19 of the Greenwich Township Land Use Code.

[Added 12-21-2023 by Ord. No. 114-2023]

GENERAL PROVISIONS.

Authority; purpose.

(a)

This chapter is enacted in accordance with the provisions of the "New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act" (P.L. 2021, c. 16) (the "Act"), and the regulations promulgated by the Cannabis Regulatory Commission ("CRC"), N.J.A.C. 17:30-1.1 et seq.

(b)

The purpose of this chapter is to regulate the establishment and operation of cannabis business in the Township of Greenwich and to specify the conditions and limitations applicable thereto.

Applicable laws.

(a)

All municipal approvals issued and all proceedings under this chapter shall be in accordance with the Act, and all other applicable laws of the State of New Jersey.

(b)

The provisions and standards set forth in this chapter are subject to the enabling authority of the State of New Jersey, by and through the CRC, and are subject to compliance with all statutes and/or regulations promulgated and adopted by the State of New Jersey or its agencies.

(c)

If any provision of this chapter is inconsistent with the statutes and/or regulations of the State of New Jersey or its agencies, the State statutes and/or regulations shall prevail.

STATE AND MUNICIPAL LICENSES AND APPROVALS REQUIRED.

Licenses required. No cannabis business shall operate in the Township without the receipt of a state permit or license and full regulatory oversight of the cannabis business by the CRC or other state licensing authority and final issuance of a license by the Township in accordance with the provisions of this chapter.

Maximum quantity of municipal licenses authorized. Only the following marketplace classes of cannabis businesses shall be allowed to operate in the Township, subject to the maximum quantity limitations and requirements set forth herein and elsewhere in this Code, and all other classes shall be prohibited:

(a)

Class 5 Cannabis Retailer: Not more than 1.

Municipal licensing. Except as otherwise provided immediately below, each municipal license shall be effective from January 1 until December 31 and shall be annually renewed upon the submission of an application and renewal fee provided all conditions and requirements of applicable State law and this chapter are met.

(a)

A new license shall be effective upon its issuance. If issued after January 1, then the license shall be in effect for its initial term until December 31 of the following calendar year.

MUNICIPAL FEES. Application fee; annual licensing fee.

The application and annual fees for cannabis licenses in the Township shall be as follows:

Class 5 Cannabis Retailer

$2,000

The annual license fee shall be paid on or before January 1 and shall cover the time period from January 1 until December 31, except for the first year a license is issued.

Licenses issued pursuant to this chapter shall be personal to the licensee and shall not be transferable.

ENFORCEMENT, VIOLATIONS AND PENALTIES.

Suspension, revocation or non-renewal of license. Any suspension, revocation or non-renewal of a CRC-issued license or permit for the operation of any cannabis business, or any adjudication of felony criminal guilt by the cannabis business or any of its principals, shall constitute an automatic revocation of a local license issued pursuant to this chapter, at which time the operation shall immediately cease. A criminal conviction voids and prohibits any future reinstatement of a local license.

Violations and penalties. Any violation of the terms of this chapter, of any condition of the license, or of any State, or local law, regulation or provision of this Code may result in the revocation of a license authorized under this chapter, and may further subject the licensee to any applicable penalties, including, but not limited to, the general penalties set forth in Subsection 4-7.21 of this Code.

Enforcement. The provisions of this chapter shall be enforced by the Greenwich Township Police Department, and/or Zoning Officer.

LOCAL CANNABIS TRANSFER AND USER TAX.

Purpose. The purpose of section is to implement the provisions of the Act, set forth at N.J.S.A. 40:48I-1, which authorize a municipality to impose transfer and user taxes on cannabis establishments.

Definitions. All terms herein shall be defined as set forth in Section 3 of the Act and Section 16-3 of Chapter of the Township Code.

Cannabis transfer tax.

(a)

All cannabis businesses operating in the Township shall be subject to the following transfer tax on the sale of cannabis or cannabis related items:

(1)

Class 5 cannabis retailers: 2% of the receipts from each sale.

(b)

The transfer tax imposed pursuant to this section shall be in addition to any other tax or fee imposed pursuant to statute or local ordinance or resolution by any governmental entity with regard to cannabis.

(c)

Any transaction for which the transfer tax is imposed shall be exempt from the tax imposed under the "Sales and Use Tax Act," N.J.S.A. 54:32B-1 et seq.

(d)

The transfer tax shall be collected or paid, and remitted to the Township by the cannabis business purchasing or receiving the cannabis or cannabis item. The transfer tax shall be stated, charged and shown separately on any sales slip, invoice, receipt or other statement or memorandum of the price paid or payable or equivalent value of the transfer for the cannabis or cannabis item.

Cannabis user tax.

(a)

Any concurrent license holder operating more than one cannabis business shall be subject to a 2% user tax. The user tax shall be imposed on the value of each transfer or use of cannabis or cannabis items not otherwise subject to the transfer tax imposed pursuant to this Subsection, from the license holder's establishment that is located in the Township to any of the other license holder's establishments, whether located in the Township or in another municipality.

(b)

The user tax shall be in addition to any other tax or fee imposed pursuant to statute or local ordinance or resolution by any governmental entity with regard to cannabis. Any transaction for which the user tax is imposed, is exempt from the tax imposed under the Sales and Use Tax Act, N.J.S.A. 54:32B-1 et seq.

(c)

The user tax shall be stated, charged and shown separately on any sales slip, invoice, receipt or other statement or memorandum of the price paid or payable or equivalent value of the transfer for the cannabis or cannabis item.

Collection of cannabis transfer and user tax. In accordance with the provisions of the Act:

(a)

Every cannabis establishment required to collect the transfer and user taxes imposed by this chapter shall be personally liable for the transfer and user tax imposed, collected, or required by this chapter and the Act.

(b)

Any cannabis establishment collecting a transfer tax or user tax shall have the same right with respect to collecting the tax from another cannabis establishment or the consumer as if the tax was a part of the sale and payable at the same time. With respect to non-payment of the transfer tax or user tax by the cannabis establishment or consumer, as if the tax was part of the purchase price of the cannabis or cannabis item and payable at the same time, provided that the Township's chief financial officer is joined as a party in any action or proceeding brought to collect the transfer tax or user tax.

(c)

No cannabis establishment required to collect the transfer and user taxes imposed by this chapter shall advertise or hold out to any person or to the public in general, in any manner, directly or indirectly, that the transfer tax or user tax will not be separately charged and stated to another cannabis establishment or the consumer or that the transfer tax or user tax will be refunded to the cannabis establishment or the consumer.

Remittance of cannabis taxes; delinquencies.

(a)

All revenues collected from the transfer tax and user tax imposed pursuant to this chapter shall be remitted to the Township's chief financial officer on a monthly basis.

(b)

The chief financial officer shall enforce the payment of delinquent taxes or transfer fees imposed by this chapter in the same manner as provided for municipal real property taxes.

(c)

In the event that the transfer tax or user tax imposed by this chapter is not paid as and when due by a cannabis establishment, the unpaid balance, and any interest accruing thereon, shall be a lien on the parcel of real property comprising the cannabis establishment's premises in the same manner as all other unpaid Township taxes, fees, or other charges. The lien shall be superior and paramount to the interest in the parcel of any owner, lessee, tenant, mortgagee, or other person, except the lien of Township taxes, and shall be on a parity with and deemed equal to the Township lien on the parcel for unpaid property taxes due and owing in the same year.

(d)

The Township shall file in the office of its tax collector a statement showing the amount and due date of the unpaid balance of cannabis taxes and identifying the lot and block number of the parcel of real property that comprises the delinquent cannabis establishment's premises. The lien shall be enforced as a municipal lien in the same manner as all other municipal liens are enforced.

(e)

No licensed cannabis establishment operating in the Township shall be permitted to renew a license issued pursuant to this chapter should any transfer or user tax imposed hereunder be delinquent.

[Ord. No. 12/29/75 A.XIX § 19.5; Ord. No. 1988-4; Ord. No. 1999-1]

Prior to the issuance of any construction or occupancy permit for any nonresidential use, the applicant shall submit a statement of evidence to the Construction Official showing compliance with the applicable approval procedures of all authorized governmental agencies and with all of the following regulations. In the case of a structure being built where the future use is not known, a construction permit may be issued with the condition that no certificate of occupancy will be issued until such time as this documentation is submitted with respect to the particular occupant. A new site plan application and a new certificate of occupancy shall be required in the event of a change of any use of any nonresidential structure.

Fire and explosion hazards. All activities or operations involving fire or explosion hazards shall be carried on in conformity with the provisions of the edition of the Fire Prevention Code of the National Board of Fire Underwriters in effect at the time the site plan application is approved.

Smoke, fumes, gases, dust, odors. There shall be no emission of any smoke, fumes, gas, dust, odors or any other atmospheric pollutant which will disseminate beyond the boundaries of the lot occupied by such use.

Liquid or solid waste. No industrial operation shall discharge industrial waste of any kind Into any reservoir, pond, pool or other body of open water. The discharge of untreated industrial waste into a stream shall be prohibited. All methods of sewage and industrial waste treatment shall be approved by the Township and New Jersey Department of Environmental Protection.

Vibration. There shall be no vibration which is discernible to the human sense of feeling beyond the immediate site on which such use is conducted.

Noise. There shall be no noise emanating from the operation or use measured from any point on the property line of the lot on which the operation is located which shall exceed the values given in the following table in any octave band of frequency. The sound pressure level shall be measured with sound level meters and/or analyzers conforming to "United States of America Standard Specification for General Purpose Sound Level Meters," S1.4-1961, or latest revision, "United States of America Standard Specification for Octave, Half-Octave, and Third-Octave Band Filter Sets," S1.11-1966, or latest revision, published by United States of America Standards Institute, New York, New York.

Octave Band Center Frequency in Cycles Per Second	Sound Pressure Level Decibels re0.0002 dyne/cm²
63	58
125	49
250	42
500	37
1,000	33
2,000	25
4,000	25
8,000	24

For objectionable noises due to intermittence, beat frequency or hammering, or if the noise is not smooth and continuous, corrections shall be made to the above table by subtracting five decibels from each of the decibel levels given.

Glare. There shall be no direct or sky-reflected glare exceeding 0.5 footcandle measured at the property line of the lot occupied by such use. This regulation shall not apply to lights used at the entrances or exits of service drives leading to a parking lot.

[1]

Editor's Note: Former § 16-19D, Requirements for Developments Increasing the Township's Growth Share Obligation for Affordable Housing (Ord. No. 2005-19, as amended), was repealed 10-29-2018 by Ord. No. 2018-03. See now Ch. 27, Affordable Housing.

[Added 10-29-2018 by Ord. No. 2018-05; amended 4-18-2019 by Ord. No. 105-2019]

Purpose.

The Township hereby establishes the MF-1 Multifamily Housing 1 Zone to comply with the requirements and terms of a settlement agreement entered on January 15, 2019, between the Township and Fair Share Housing Center and to address the Township's affordable housing obligation established therein. This section creates design and bulk standards to ensure that multifamily housing in this zone is developed in a manner that is sensitive to the character of the surrounding area.

Permitted uses.

Affordable multifamily dwelling units that are constructed, controlled, and maintained in accordance with all applicable regulations of the Council on Affordable Housing ("COAH"), as well as the Fair Housing Act (N.J.S.A. 52:27D-301 et seq.), and the Uniform Housing Affordability Controls (N.J.A.C. 5:80-26.1 et seq.).

(a)

In an affordable multifamily dwelling housing development, there may be one property manager's unit, which shall not be a restricted affordable unit and which is not counted toward the permitted units in § 16-19E.f.10.

Municipal buildings and uses.

Accessory uses.

Accessory uses and structures customarily incidental to permitted uses.

Sewerage and sewage treatment, water, fire protection, stormwater management and other utility facilities.

Parking and loading in accordance with the requirements of § 16-10.

Signs in accordance with the requirements of § 16-11.26, except that the minimum setback for freestanding signs shall be five feet.

Storage and maintenance buildings in accordance with the requirements of § 16-5.1.

Recreational open space areas such as parks, recreation areas or facilities, tennis courts, bikeways, playgrounds and swimming facilities, along with structures and necessary features appurtenant thereto.

Community buildings and uses, including but not limited to a leasing office, maintenance facility and storage, management office, and workout room/fitness studio.

Conditional uses.

None.

Prohibited uses.

Any use other than those uses listed in § 16-19E.b is prohibited.

Requirements.

Minimum tract area: 13 acres.

Minimum lot width: 300 feet.

Minimum lot depth: 400 feet.

Minimum setback to Dumont Road: 15 feet.

Minimum setback to Greenwich Street: 50 feet.

Stormwater facilities may have a minimum front yard setback of 20 feet, provided the following standards are met:

(a)

The stormwater facility(ies) may not include a retaining wall visible from the public right-of-way.

(b)

The stormwater facility shall be entirely seeded with grass and landscaped with plantings, except for one or more flow channels and other necessary structures for the conveyance of water and function of the facility.

(c)

To allow maintenance access, a minimum ten-foot setback from any basin structure to a right-of-way, building or parking area shall be provided.

Minimum side and rear yard setback: 50 feet.

(a)

The side or rear yard setback shall be increased where the applicable lot line is immediately adjacent to a residential zone district: 125 feet.

Minimum distance between buildings:

(a)

Front to any building: 60 feet.

(b)

Rear to any building: 60 feet.

(c)

Side to any building: 20 feet.

Maximum building coverage: 20%.

10.

Maximum impervious coverage: 40%.

11.

Number of units: not more and not less than 66 affordable units.

12.

Building design.

(a)

Maximum building height: 2.5 stories/35 feet.

(b)

Maximum units per building: 12.

(c)

Maximum building length: 300 feet.

(d)

An overall theme of design and architectural mode shall be utilized within the development for the purpose of presenting an aesthetically desirable effect, and shall be such that they provide varied building elevations, design and structural appearance within the context of the overall theme.

(e)

Buildings with flat roofs shall be prohibited. Buildings roofs shall be pitched and may include hipped roofs and gable roofs.

(f)

The front facade of an affordable multifamily dwelling building shall not continue on the same plane for a linear distance of more than 75 feet. Minimum two-foot offsets shall be required at breaks in the facade planes.

(g)

Mechanical equipment shall be screened from view of public streets and residentially zoned lots. Screening shall consist of plantings, fencing or other material found acceptable by the approving authority.

13.

Landscape and buffer requirements.

(a)

A fifty-foot transition buffer shall be provided along the side and rear lot lines in which the development is visible from adjacent residential uses. Said buffer shall be provided in accordance with the standards set forth in § 16-4.14.

(b)

The buffer shall be planted with dense masses and groupings of shade trees, ornamental trees, evergreen trees and shrubs; it shall also include a berm. No less than 75% of the buffer length shall be evergreen trees installed at a minimum height of six feet. All plantings shall be installed according to accepted horticultural standards. The existing buffer (plantings, berm, etc.) may be substituted for required plantings.

(c)

All affordable multifamily dwelling buildings shall be provided with an aesthetically pleasing and functional landscape component. Building foundation plantings, planting clusters located in strategic areas, and shade trees along roadways and sidewalks shall be incorporated into an overall landscape plan.

(d)

Street trees shall be provided along all public and private roads.

14.

Circulation and parking.

(a)

Minimum distance between a building and off-street parking space: 10 feet.

(b)

Maximum distance between off-street parking space and the unit served: 200 feet.

(c)

Sidewalks shall be provided along all both sides of public and private streets and interior drives.

(d)

The Residential Site Improvement Standards shall govern and supersede the parking requirements in § 16-10.2.

[Added 4-18-2019 by Ord. No. 106-2019]

Purpose.

The Township hereby establishes the MF-2 Multifamily Housing 2 Zone to comply with the requirements and terms of a settlement agreement entered on January 15, 2019, between the Township and Fair Share Housing Center and to address the Township's affordable housing obligation established therein. This section creates design and bulk standards to ensure that multifamily housing in this zone is developed in a manner that is sensitive to the character of the surrounding area.

Permitted uses.

(a)

In a multifamily affordable housing development, there may be one property manager's unit, which shall not be a restricted affordable unit and which is not counted toward the permitted units in § 16-19F.f.11.

Municipal buildings and uses.

Accessory uses.

Accessory uses and structures customarily incidental to permitted uses.

Sewerage and sewage treatment, water, fire protection, stormwater management and other utility facilities.

Parking and loading in accordance with the requirements of § 16-10.

Signs in accordance with the requirements of § 16-11.

Storage and maintenance buildings in accordance with the requirements of § 16-5.1.

Community buildings and uses, including but not limited to a leasing office, management office, and workout room/fitness studio.

Conditional uses.

None.

Prohibited uses.

Any use other than those uses listed in § 16-19F.b is prohibited.

Requirements.

Minimum tract area: 4.5 acres.

Minimum lot width: 300 feet.

Minimum lot depth: 200 feet.

Minimum setback to Route 173: 50 feet.

Minimum setback to Voorhees Road: 25 feet.

Minimum side and rear yard setback: 40 feet.

Minimum distance between buildings:

(a)

Front to any building: 60 feet.

(b)

Rear to any building: 60 feet.

(c)

Side to any building: 20 feet.

Maximum building coverage: 30%.

Maximum impervious coverage: 55%.

10.

Number of units: not more and not less than 64 units.

11.

Building design.

(a)

Maximum building height: three stories/40 feet.

(b)

Maximum building length: 300 feet.

(c)

(d)

Buildings with flat roofs visible from the public right-of-way shall be prohibited. Buildings roofs shall be pitched and may include mansard roofs, hipped roofs and gable roofs.

(e)

The front facade of a multifamily building shall not continue on the same plane for a linear distance of more than 75 feet. Minimum two-foot offsets shall be required at breaks in the facade planes.

(f)

12.

Landscape buffer requirements.

(a)

A fifteen-foot transition buffer shall be provided along the side and rear lot lines in accordance with the standards set forth in § 16-4.14.

(b)

The buffer shall be planted with dense masses and groupings of shade trees, ornamental trees, evergreen trees and shrubs. No less than 75% of the buffer length shall be evergreen trees installed at a minimum height of six feet. All plantings shall be installed according to accepted horticultural standards.

(c)

All multifamily buildings shall be provided with an aesthetically pleasing and functional landscape component. Building foundation plantings, planting clusters located in strategic areas, and shade trees along roadways and sidewalks shall be incorporated into an overall landscape plan.

(d)

Street trees shall be provided along all public and private roads.

13.

Circulation and parking.

(a)

Minimum distance between building and an off-street parking space: 10 feet.

(b)

Sidewalks shall be provided along both sides of public and private streets and interior drives.

(c)

Parking shall not be permitted between the building facade and public road.

[Ord. No. 1980-18 § 1; amended by Ord. No. 2014-02]

The Land Use Board of the Township of Greenwich has found and so recommended and the Township Committee hereby finds and determines that farming has existed and been carried on in the Township for hundreds of years and long before the residential development that has since been prevalent in the Township. The Land Use Board further finds that residences have been located in close proximity to existing working farms that engage in spraying, the spreading of animal wastes, fertilizing and irrigation as well as other activities which are indigenous to farming. The Land Use Board finds and determines that farmers must be secure in their ability to earn a livelihood and utilize customary farming procedures and techniques.

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

[Ord. No. 1980-18 § 2]

The right to farm lands and properties zoned for that use within the Township of Greenwich is hereby recognized to exist as a right to the farmer, his agents or assigns to utilize his land and properties in such a manner as to pursue his livelihood, and is hereby declared to be a permitted use in all zones of the Township, notwithstanding specific and prohibited uses set forth elsewhere in this section, subject only to the restrictions and regulations set forth in any applicable Township, county and state health codes and regulations.

[Ord. No. 1980-18 § 3; Ord. No. 1998-6]

This right to farm recognizes the following activities which are by way of example and not by way of limitations:

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

Use of necessary farm laborers.

The application of chemical fertilizers, insecticides and herbicides in accordance with manufacturer's instructions and the application of manure, except for the following limitations on poultry manure:

Poultry manure will not be stockpiled in the field;

The spreading of poultry manure should not take place closer than 50 feet to any occupied adjacent property line unless permission is given from the property owner of adjacent land;

Poultry manure will not be spread on frozen ground, ground which is snow covered or on ground that is too wet to be plowed within 24 hours;

Poultry manure spread on crop land must be soil incorporated within 12 hours by moldboards plowing or by chisel plowing followed by disking. Twenty-four hours will be allowed for emergency situations;

Poultry manure may not be spread on the surface of grass highland or pasture land;

Poultry manure may be spread on no-till corn land having less than 8% slope at 1/2 the usual rate during the months of March, April and May, so long as odor is not a problem. The moisture content must be 50% or less;

Poultry manure cannot be spread on the same field twice in one year unless a crop has been planted and harvested;

Application of poultry manure per acre concerning soil content will be within the jurisdiction of the Warren County Soil Conservation;

Land slope application of 8% or above must contain a plan and approval from the Warren County Soil Conservation for control of runoff and erosion;

10.

There shall exist a three-thousand-foot buffer zone around any school which could be spread with poultry manure only when school is closed with 60% or driest manure;

11.

Penalties for violations of this section shall be in accordance with Chapter 3, § 3-1, penalty provision.

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

Construction of fences for these animals and livestock.

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

The control of vermin and pests, provided such control is practiced under applicable State Fish and Game Laws.

The use of land for recreation purposes, e.g., snowmobiling, etc., shall be done only with the permission of the farm owners. Any recreational use of the farmland which changes the underlying agricultural nature of the use shall be subject to the usual site plan review, variance applications and all permits where otherwise required.

[Ord. No. 1980-18 § 4]

The activities set forth herein incidental to the right to farm and when reasonable and necessary for that particular farming activity and livestock or fowl production, and when conducted in accordance with generally accepted agricultural practices, may occur on holidays, Sundays and weekdays, at night and during the day. The noise, odors, dust and fumes that are caused by these activities are recognized as ancillary to the permitted activities set forth in this section and the right to farm.

[Ord. No. 1980-18 § 5; amended by Ord. No. 2014-02]

For the purpose of giving due notice of nearby uses to proposed residents, the Land Use Board shall require an applicant for a major or minor subdivision, as a condition of approval thereof, to include the following notice both on the subdivision plat itself and in an instrument in recordable form to provide constructive record notice to buyers of the existence of any proximate, nonresidential uses, such instrument to be approved by the Land Use Board prior to the filing of the final subdivision plat. Such notice shall read as follows:

"Grantee is hereby NOTICED there is, or may in the future be, farm use near the described premises from which may emanate noise, odors, dust and fumes associated with agricultural practices permitted under the 'Right to Farm' section (§ 16-20) of the Greenwich Township Zoning Ordinance."

[1]

Editor's Note: Former § 16-21, Organization, § 16-22, Powers of the Planning Board, § 16-23, Provisions Applicable to Both the Planning Board and Zoning Board of Adjustment, and § 16-24, Appeals, as amended, were repealed by Ord. No. 2014-02. See now § 13-1, Land Use Board.

[1]

Editor's Note: Former Subsection 16.25.1, Application Fees, containing portions of Ordinance No. 1/31/77 A.XXIII § 24.1, was repealed 12-28-1995 by Ord. No. 1995-14 and 4-2-1996 by Ord. No. 1996-7.

[Ord. No. 12/29/75 A.XXI § 21.1; Ord. No. 1/31/77 § 13; amended 11-18-2021 by Ord. No. 113-2021]

The office of the Zoning/Code Enforcement Officer of the Township of Greenwich is hereby created. Appointments to the office of the Zoning/Code Enforcement shall be made by the Mayor, subject to confirmation by the Township Committee of the Township of Greenwich. The term of office shall be one year. Every appointment shall be made for the term of one year to commence January 1 and terminate December 31 of the succeeding year. A vacancy in the office shall be filled by the Mayor, subject to confirmation by the Township Committee, for the unexpired term only.

The Zoning/Code Enforcement Officer must not reside within Greenwich Township because of the possibility of conflicts of interest.

Duties: It shall be the duty of the Zoning/Code Enforcement Officer to:

Issue zoning permits in accordance with the Township Code. The zoning permit fee shall be set and amended by the Mayor and Township Committee at any time.

Issue permits for permanent and temporary signs.

Issue any other permits a Zoning/Code Enforcement Officer is required by law to issue.

Make an inspection of every parcel of land, building or structure for which a zoning permit is requested prior to the issuance of such permit, when necessary, in order to ascertain that said construction, occupancy or use will comply with every standard, regulation and requirement of this article for such occupation and use.

After proper inspection and investigation, issue zoning permits in appropriate instances and within his/her jurisdiction.

Administrative Duties: In addition to the duty of enforcement of this article and prosecuting the violations thereof, the Zoning/Code Enforcement shall:

Maintain accurate and complete records of all applications for zoning permits and of all such permits issued, together with a notation of all special terms or conditions imposed thereunder. He shall be responsible for the filing and safekeeping of all plans and specifications submitted to him with any application, and the same shall form a part of the records of his office and shall be available to all officials of the Township of Greenwich. Copies of any permits or certificates shall be furnished upon request to any person who shall have a right thereto by law.

Provide a monthly report of permits and violations issued to the Mayor and Township Committee.

Enforcement Duties.

It shall be the duty of the Zoning/Code Enforcement Officer to enforce this chapter and, pursuant to that duty, to investigate any violation or alleged violation of this chapter coming to his attention, whether by complaint of third persons or from his own personal knowledge or observation.

It shall be the duty of the Zoning/Code Enforcement Officer to issue notices to individuals to cease and desist from violating the zoning ordinance and to sign and file complaints alleging the violation of any zoning ordinance in a municipal court.

[Ord. No. 12/29/75 A.XXII § 22.1; Ord. No. 1/21/77 § 14]

Any owner or agent, and any person or corporation, who shall violate any of the provisions of this chapter or fail to comply therewith or with any of the requirements thereof, or who shall erect, structurally alter, enlarge, rebuild or move any building or building or any structure, or who shall put into use any lot or land in violation of any detailed statement or plan, submitted and approved hereunder, or who shall refuse reasonable opportunity to inspect any premises, and who shall fail to abate such violation or refusal within 10 days after written notice has been served upon him, either by mail or by personal service, upon conviction shall be liable to a fine of $500 or imprisonment for not more than 90 days, or to both such fine and imprisonment. Each and every day such violation continues shall be deemed a separate and distinct violation.

[Ord. No. 12/29/75 A.XXII § 22.2; Ord. No. 1/21/77 § 15]

The owner of any building or structure, lot or land, or part thereof, where anything in violation of this chapter shall be placed or shall exist, and any architect, builder, contractor, agent, person or corporation employed in connection therewith and who did assist in the commission of any such violation upon conviction thereof shall each be liable to the fine or imprisonment, or both, hereinbefore specified.

[Ord. No. 12/29/75 A.XXIII § 23.1; Ord. No. 1/31/77 § 14]

If any section, paragraph, subdivision, clause or provision of this chapter shall be adjudged invalid, such adjudication shall apply only to the section, paragraph, subdivision, clause or provision so adjudged and the remainder of this chapter shall be deemed valid and effective.

[Ord. No. 12/29/75 A.XXIV § 24.1; Ord. No. 1/31/77 § 16]

All ordinances or parts of ordinances inconsistent with the provisions of this chapter are hereby repealed to the extent of such inconsistencies.

[Ord. No. 12/29/75 A.XXIV § 24.2; Ord. No. 1/31/77 § 16]

The following ordinances and any amendments thereto, are specifically repealed:

The Greenwich Township Zoning Ordinance of 1958.

An Ordinance to Regulate the Installation, Construction, Location and Maintenance of Signs and Providing for Applications and Permits and Penalties for the Violation Thereof in the Township of Greenwich, County of Warren and State of New Jersey adopted December 28,1970.

[Ord. No. 12/29/75 A.XXV § 25.1; Ord. No. 12/29/75 § 17]

This chapter shall take effect upon its final passage and publication as provided by law, but any building or structure the erection of which has been authorized by a permit issued by the building inspector prior to the passage of this chapter may be completed in accordance with the permit and the requirement of law and ordinance in force at the time when such permit was granted and may be used for the purpose designated in the plans and in the permit.

[Ord. No. 1981-9]

All fees required for zoning shall be in accordance with the fee schedule established by Chapter 17 of the Revised General Ordinances of the Township of Greenwich.

[Ord. No. 1992-7; amended by Ord. No. 2014-02]

There shall be permitted, as a conditional use in all zone districts in the Township of Greenwich and upon prior approval thereof by the Land Use Board pursuant to N.J.S.A. 40:55D-67, emergency warning signal device systems (either individual units or chains or groups of units interconnected) the purpose of which is to provide early notification and warning to 100% of the threatened population of an actual or imminent risk to the public health and safety on account of any natural or man-made disaster or risk.

[Ord. No. 1992-7; amended by Ord. No. 2014-02]

The specifications and standards applicable to the conditional use and which must be found by the Land Use Board to have been satisfied by the applicant prior to the granting of a conditional use permit therefor, shall be as follows:

The proposed use shall benefit the general public by the protection of the public health and safety through early notification of actual or potential risks.

The site chosen for the proposed use shall be appropriate for its intended use in order that the signal device on that particular site and/or those on other sites in the Township provide for 100% notification of the threatened population.

The signal device shall be installed on structures located in, outside or at a greater elevation than the protected area of floodwater inundation.

Where practicable or feasible, the signal device shall be located in areas of highest ambient noise levels and shall be removed, to the greatest extent practicable, from nearby residences.

The signal device (and/or the system of signal devices) shall achieve a minimum audible warning signal strength throughout the threatened area of 75 dB.

The signal device shall be of such a design and construction and/or shall be so located as to not expose any member of the public to a signal maximum sound level exceeding 123 dB.

The signal device shall be designed and constructed so as to be reasonably safe and secure from tampering, vandalism and risk to the public health and safety on account of exposure to energized electrical devices or the ability to climb the structure upon which the device is mounted.

Upon approval of the application and the granting of a conditional use permit therefor, the applicant shall engage in a program of public information, including notification to the Township emergency services providers of the purpose, operating modes (signal characteristics) and testing schedule of the signal device. The applicant shall file, with the providers of the emergency services in the Township of Greenwich, a written plan and specifications for use of the emergency warning device, including and approved (by all agencies having jurisdiction thereof) evacuation procedures plan.

The applicant shall demonstrate that the emergency warning device or system is characterized by redundancy and protective measures which reasonably assure, in accordance with prevailing practices attending such systems, its ability to function when the need for same exists.

The maximum overall height of the signal device, including its mounting system (tower, pole, etc.), shall not exceed 50 feet, unless it shall be clearly demonstrated to the Land Use Board that a greater height is reasonably necessary to enable the device to serve its intended purpose, in which event the Land Use Board may approve a greater height, but in no event a height in excess of 75 feet above the level of prevailing terrain.

The applicant shall demonstrate to the Land Use Board that a plan of ownership, maintenance and operational responsibilities exists so as to assure the continuing ability of the emergency warning signal device system to function when the need exists.

[Ord. No. 2001-1]

Purpose. The purpose of this section is to regulate the location and placement of telecommunications antennas and telecommunications towers, as well as other structures constructed in association with telecommunications antennas and telecommunications towers within the Township of Greenwich. It is also the purpose of this section to recognize that telecommunications towers that support telecommunications antennas negatively impact on the rural and historic character of Greenwich Township, further negatively impact environmentally sensitive areas, and denigrate open space, contrary to the purposes of the Greenwich Township Master Plan. The goals of this section are to:

Protect agricultural areas, open space preservation areas, residential areas, and town center areas from the potential adverse impacts of telecommunications towers and telecommunications antennas;

Encourage the location of telecommunications towers in nonresidential areas and along major transportation corridors;

Minimize the total number of telecommunications towers throughout Greenwich Township;

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

Encourage users of telecommunications towers and telecommunications antennas to locate them, to the extent possible, in areas where the adverse impact on Greenwich Township is minimal;

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

Enhance the ability of the providers of telecommunications services to provide such services to the community effectively and efficiently;

Consider the impact of telecommunications towers and telecommunications antennas and the use thereof on public health and safety; and

Avoid potential damage to adjacent properties from telecommunications tower failure through proper engineering and careful siting of telecommunications towers.

Conditional use. Telecommunications towers and telecommunications antennas shall be a conditional use in the B-2 Highway Business Zone District, ROM Research Office Manufacturing Zone District, I Industrial Zone District and B-I Business Industrial Zone District.

Prohibited use. Telecommunications towers and telecommunications antennas shall be prohibited in any zone district other than those in which telecommunications towers and telecommunications antennas are a conditional use.

Conditional use standards for the location of telecommunications antennas.

It shall be required that the applicant present documentary evidence regarding the need for telecommunications antennas at the proposed location. This information shall identify the communications network layout and coverage areas to demonstrate the need for new equipment at a specific location within the Township of Greenwich.

It shall be required that the applicant evidence a good faith attempt has been made to pursue the potential for collocation of its telecommunications antennas on existing telecommunications towers within the applicant's search area, whether or not within the Township of Greenwich, prior to the construction of an entirely new telecommunications tower in order that the total number of towers within the Township of Greenwich shall be minimized while achieving the wireless communications service goals of the applicant. In that regard, it shall be required that the applicant, if unsuccessful in securing a collocation agreement with the owner of an existing telecommunications tower, demonstrate, with specificity and documentary evidence, the efforts made to achieve collocation, the results of those efforts and the reasons for the applicant's inability to do so. In the event of the inability of an applicant to establish its telecommunications antennas collocated with the existing facilities of an already established telecommunications provider, the second priority site shall be the location of the proposed telecommunications antennas on an existing electric transmission tower or other existing buildings or structures.

Collocation of emergency services equipment. The applicant shall allow any of the emergency services of the Township of Greenwich, including but not limited to fire, rescue, first aid and police, to locate equipment on the telecommunications tower of the applicant.

Design standards for towers and antennas. The following design standards shall apply and be considered part of the site plan review process and require approval pursuant to N.J.S.A. 40:55D-46 and N.J.S.A. 40:55D-50:

Aesthetics. Telecommunications towers and telecommunications antennas shall meet the following requirements:

(a)

All applicants shall camouflage all telecommunications towers which are not collocated on existing telecommunications towers or on an existing electronic transmission tower. In the event it is demonstrated that it is impossible to camouflage the telecommunications tower, the telecommunications tower shall be painted a neutral color so as to reduce visual obtrusiveness. This requirement shall be subject to any and all FAA regulations.

(b)

At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening and landscaping that will blend them into the natural setting and surrounding buildings and shall be located behind existing structures, buildings or terrain features which will shield the buildings and related structures from view.

(c)

If a telecommunications antenna is installed on a structure other than a telecommunications tower or an existing electronic transmission tower, the antenna and supporting electrical and mechanical equipment must be at a neutral ratio that is identical to, or closely comparable with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

Lighting. No lighting shall be permitted except as follows, which shall be subject to review and approval of the appropriate land use Board as part of the site plan applications.

(a)

A building enclosing electronic equipment may have one light at the entrance to the building, provided that the light is attached to the building, is focused downward and is switched so that the light is turned on only when workers are at the building.

(b)

No lighting is permitted on a tower except lighting specifically required by the FAA.

(c)

Any such required lighting shall be focused and shielded to the greatest extent possible so as not to project toward adjacent and nearby properties.

Maximum height. The maximum height for all telecommunications antennas located in the B-2 Highway Business Zone District, the ROM Research Office Manufacturing Zone District, the I Industrial Zone District, and the B-I Business Industrial Zone District shall be 150 feet. The maximum height for all telecommunications antennas located within property owned by the Township of Greenwich shall be 175 feet.

State and federal requirements. All telecommunications towers and telecommunications antennas must meet or exceed current standards and regulations of the FAA, the FCC and any other state or federal agency with the authority to regulate such uses, and when such raised standards and regulations are changed, then the owners of the telecommunications towers and telecommunications antennas governed by this section shall bring such telecommunications towers and telecommunications antennas into compliance with such revised standards within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring telecommunications towers and telecommunications antennas into compliance with such revised standards and regulations shall constitute grounds for the immediate removal of the tower or antenna at the owner's expense.

Building codes. To ensure the structural integrity of telecommunications towers and telecommunications antennas, the owner of a telecommunications tower and/or telecommunications antennas shall ensure that it is constructed and maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for telecommunications towers and/or telecommunications antennas that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the Township of Greenwich concludes that a telecommunications tower or telecommunications antenna fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the telecommunications tower and/or telecommunications antenna, the owner shall have 30 calendar days to bring such telecommunications tower and/or telecommunications antenna into compliance with such standards. Failure to bring such tower into compliance within said 30 calendar days shall constitute grounds for the immediate removal of the telecommunications tower and/or telecommunications antenna by the owner or by the Township at the owner's expense. In addition, all telecommunications towers shall be constructed with sufficient load tolerance to accommodate the collocation of at least one additional telecommunications service.

Signs. No signs shall be allowed on the telecommunications antenna or telecommunications tower except as may be required by the FAA or FCC or as required by other law or ordinance.

Electronic equipment shelter buildings. Any proposed building related to electronic equipment shall not be more than 15 feet in height nor more than 600 square feet in area, and only one such building shall be permitted on the lot for each provider of communications services located on the site. In the event the use of the site becomes shared with a collocating wireless communications provider, there shall be permitted a maximum increase in overall area of existing electronic equipment shelter buildings of 200 square feet for each such subsequent collocating wireless communications provider.

Security. All towers shall be designated with anticlimbing devices in order to prevent unauthorized access. Additionally, any tower supporting cellular or other wireless tower antennas and any building enclosing related electronic equipment shall be surrounded by a fence between six feet and eight feet high, excluding barbed wire. The fence shall be bordered by a double stepped row of evergreen conifer trees of at least eight feet tall at the time of planting and shall be planted 10 feet on center.

Interference with public safety communications. No telecommunications antenna and/or its related electronic equipment shall interfere with any public safety communications.

10.

Noise. Noise levels at any property line shall not exceed 50 decibels or current noise standards promulgated by the State of New Jersey, whichever is less.

11.

Generators. Any generator located on site shall be enclosed within a portion of the electronic equipment building. Any fuel storage shall be done in compliance with federal and state regulations and shall be limited to fuel stored within the primary fuel tank provided by the manufacturer of the generator. No auxiliary or supplementary fuel storage shall be permitted.

General requirements.

Principal use. Telecommunications towers and telecommunications antennas shall be considered as a principal use. An existing structure on the same lot shall not preclude the installation of a telecommunications tower or a telecommunications antenna tower on such lot.

Lot size. For purposes of determining whether the installation of a tower or antenna complies with the zone district development regulations, including but not limited to setback requirements, lot coverage requirements and such other requirements, the dimensions of the entire lot shall control even though the antennas may be located on leased parcels within such lot.

Facility abandonment. In the event that any telecommunications tower or telecommunications antenna is abandoned or not operated for a period of six months, the same shall be removed and the site cleaned and restored within 60 days' notice by the Township of Greenwich at the sole expense of the owner. The owner shall provide a performance bond and/or other assurances satisfactory to the appropriate Land Use Board and the Township Attorney that will cause the antennas, the supporting tower, the auxiliary building enclosing related electronic equipment and, all other related improvements to the land to be removed and the site cleaned and restored at no cost to the Township of Greenwich.

Site plan submission and approval requirements. The applicant shall be required to submit plans in accordance with the procedures in Chapter 14, Site Plan Review. In addition, the following shall be required as part of any application for site plan review for any telecommunications tower and/or telecommunications antenna:

The applicant shall request a preliminary meeting with Township professionals prior to filing an application. Said meeting shall be conducted in accordance with § 17-10 of the Revised Ordinances of the Township of Greenwich. Said meeting and the payment of the escrow deposit shall be mandatory. At such meeting, the applicant shall provide a copy of all plans and all other documentary evidence the applicant shall offer in support of its application. Said meeting shall be mandatory and shall be conducted no less than 10 days prior to any hearing on the application.

The applicant shall pay an escrow deposit in addition to all other escrow deposits in the amount of $5,000 for the payment of an expert witness to be designated by the Land Use Board, who shall review the application, plans and documentary evidence to be offered in support of the application, who shall appear at all hearings on behalf of the Board conducting the hearing and who shall have the right to testify against the application.

[Amended by Ord. No. 2014-02]

A scaled site plan clearly indicating the location, type and height of the proposed telecommunications tower and/or antenna, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), adjacent roadways, proposed means of access, setback from property lines, elevation drawings of the proposed tower and other structures, topography, woodlands, tree lines, buffers or significant topographic terrain features, parking and other information deemed necessary to assess compliance with this section.

The setback between the proposed telecommunications tower and/or telecommunications antenna and the nearest residential unit.

Documentation by a qualified expert regarding the capacity of the proposed telecommunications tower for the number and type of antennas.

Documentation by a qualified expert that any proposed telecommunications tower will have sufficient structural integrity to support the proposed telecommunications antennas and the anticipated future collocated telecommunications antennas in all anticipated wind and/or ice loading conditions and that the structural standards developed for telecommunications antennas by the Electronic Industries Association (EIA) and/or the Telecommunication Industry Association have been met.

A letter of intent by the applicant, in a form acceptable to the Township. Attorney, indicating the applicant will share the use of any telecommunications tower with other telecommunications services. Additionally, the applicant shall make available to subsequent co-locators, any space in the applicant's existing equipment building or, if no additional space is available to address the needs of the proposed co-locator, the applicant shall make available a portion of the site for construction of an additional equipment building for the use of the proposed co-locator.

A visual sight distance analysis graphically simulating the appearance of any proposed telecommunications tower and indicating the view from at least five locations around and within one mile of the proposed tower where the tower will be most visible.

An overall comprehensive plan indicating how the applicant intends to provide full wireless or cellular telecommunications service throughout the Township and, to the greatest extent possible, how its plan to provide full service specifically relates to and is coordinated with the needs of all other providers of cellular communications services within the Township of Greenwich. Specifically, the plan shall indicate the following:

(a)

How the proposed antenna relates to the location of any existing telecommunications towers within the Township of Greenwich.

(b)

How the proposed location relates to the anticipated need for additional telecommunications antennas and supporting telecommunications towers within and near the Township of Greenwich by the applicant and by other providers of cellular communications services within the Township.

(c)

How the proposed location relates to the objective of allocating the telecommunications antennas of many different providers of cellular or other forms of wireless communication services on the same telecommunications tower.

(d)

How the proposed location relates to the overall objective of providing full cellular or other wireless or other forms of wireless telecommunications services with the Township of Greenwich while, at the same time, limiting the number of towers to the fewest possible.

(e)

A radio frequency (RF) emissions report from a qualified expert detailing latent site emissions.

10.

Upon completion of the construction of the facility, as built drawings (plans and profiles) certified by a professional engineer licensed by the State of New Jersey shall be submitted showing all improvements, appurtenances, structures and conditions at the time of preparation.

11.

No modifications and/or additions to the facilities which were the subject of an approved site plan shall be made without subsequent application to, review and approval of an amended site plan showing such modifications or additions.

12.

The applicant shall protect and preserve by deed restriction, which shall be subject to the approval of the Township Attorney, all existing, proposed and/or required buffers subject to reasonable construction easements to facilitate completion of all proposed improvements.

13.

The road or drive leading to all electronic equipment shelter buildings shall be designed and constructed of suitable width so as to permit the safe passage of firefighting and emergency equipment. The access drive or roadway shall be continuously maintained so as to provide for suitable and safe access by these vehicles, which shall include the obligation of the applicant to periodically trim and remove brush, weeds or other vegetation as required. The security fence which encloses electronic equipment shelter buildings as provided for in paragraph e.8 herein, shall be secured by a lock or locking mechanism. The Township Fire Department shall be provided either the key or security code, whichever the case may be, in order to obtain access to the building in the event of an emergency.