Township of Upper Deerfield, NJ Article VIII Special Standards and Requirements

§ 405-36 Apartments.

[Amended 9-1-1988 by Ord. No. 316; 6-16-2005 by Ord. No. 558]

Garden apartment projects may be developed as provided in the Schedule of District Regulations[1] on minimum tracts of 20 acres. Gross dwelling density for the tract shall not exceed six units per acre.

A. The following regulations shall be applicable to any garden apartment project.

(1) Each dwelling unit shall contain complete kitchen facilities, toilet, bathing and sleeping facilities and shall have a minimum habitable floor area consistent with the following.

(a) Efficiency unit: 500 square feet.

(b) One-bedroom unit: 600 square feet.

(c) Two-bedroom unit: 700 square feet.

(d) Three-bedroom unit: 900 square feet.

(2) In addition to the required habitable floor area, there shall be a minimum storage area in each building for bicycles, carriages, furniture and similar incidental equipment or items equal to 70 square feet in area by a minimum of seven feet in height per unit.

(3) A maximum of 10% of the total number of units in a completed development may be three-bedroom units; up to 50% of the total units in a completed development may be two-bedroom apartments; and the remainder shall be either one-bedroom or efficiency apartments. In the event that a development is completed in sections, the above-stated proportions of three-, two- and one-bedroom or efficiency apartments shall be substantially maintained as construction of the development progresses.

(4) A minimum of 25% of the total area of the apartment development land area, exclusive of normal dwelling dooryards, buffer strips, parking areas and street rights-of-way, shall be designed for common open space and recreational area. No one recreational area shall be less than 10,000 square feet in area nor 100 feet in its narrowest dimension. Each recreational area shall be conveniently accessible to the development inhabitants. Common open space and recreational areas shall be either made available for conveyance to the Township with a deed restriction applying that it will be permanently devoted to playground or park use or held in private ownership, but only when a deed reversion clause is arranged in favor of the Township in the event that the use of the land for common open space and recreational purposes ceases to exist for a period of one year.

(5) All recreational areas and/or parks shall be improved by the developer, including equipment, walkways and landscaping. The Planning Board, in reviewing the plans, shall determine that the recreational areas are suited to their intended use in terms of the environment and will meet the needs of the development's inhabitants. Not more than 50% of the development's areas shall be in one of the following: a floodplain, areas with a slope of greater than 10%, a watercourse or other areas unsuitable for recreational purposes due to environmental considerations.

(6) Open space adjacent to buildings not surfaced as walkways, driveways, parking areas, utility areas or other required improvements shall be graded and seeded to provide a thick stand of grass or other ground cover material. Two suitable specimen trees and four evergreen shrubs, exclusive of those used in connection with parking or other areas, shall, at a minimum, be provided for each dwelling unit. The Planning Board, in reviewing plans, shall determine that the landscaping plan is designed to optimize solar access and protect buildings from prevailing winds.

(7) Maintenance of open space and recreational areas of garden apartment developments shall be the responsibility of the developer/owner unless the land is deeded to and accepted by the Township.

(8) For every three apartment units which are not provided with laundry facilities or facility hookups, there shall be provided within the same building or structure as said units at least one washer and one dryer. No less than one garbage or trash pickup area shall be established with suitable receptacle in close proximity to each eight apartment units. Detrimental effects on the aesthetic character of the development shall be minimized where necessary through the use of enclosures or screens composed of suitable fencing, masonry walls or shrubbery at least six feet in height around the perimeter of said areas used for garbage pickup or other utility areas. Fencing and walls shall not be more than fifty-percent opaque on the vertical surface.

(9) Every building shall have a minimum setback of 40 feet from any public street or road and 15 feet from any private interior road, driveway or parking area.

(10) Driveways, parking areas and all pedestrianways shall be provided at all times with adequate illumination so shielded as to avoid deleterious glare to adjacent or nearby residential units.

(11) Parking areas, screening, signs and driveways shall be designed and constructed in accordance with the provisions of this chapter.

(12) All on-site electricity, utility and cable television services shall be installed below ground.

(13) No garden apartment development shall be constructed in any area where public sewerage facilities and water supply system are not available or cannot be made available by the developer. For purposes of this section, "public sewerage facilities and water supply systems" shall mean those operated by the Township of Upper Deerfield or other public or quasi-public agency or company approved and authorized to so provide such services by the Township of Upper Deerfield.

(14) All streets and roads created by an apartment development shall be oriented in an east-west direction to permit the buildings constructed thereon to maximize solar gain within the limits of practicability and feasibility.

(15) All garden apartment development shall incorporate energy conservation techniques and alternative sources of energy utilization, including passive and active solar power and wind turbines, into the design of the proposed structures to the maximum extent practical. The applicant shall detail the techniques to be utilized to conserve energy use in the development in an energy conservation analysis and report hereby required to be submitted with the application for approval.

(16) There shall be no dwelling unit below the ground-floor level and not above the second story of any structure.

(17) There shall be not more than 12 dwelling units in each building or structure. The facade of any building shall not exceed 60 feet in length unless each increment of 60 feet is interrupted by an angle of at least 45° or an offset of at least five feet.

(18) Courtyards bounded on three or more sides by the wings of a single building or by walls of separate buildings shall have a minimum width between any two walls of at least two feet for each one foot of height of the tallest adjacent building or wall.

(19) No garden apartment dwelling structures shall be located within 25 feet of another dwelling structure. The maximum building height of a principal building shall be 35 feet and 15 feet for an accessory building. The minimum lot frontage along the improved road shall be not less than 1/2 of the lot depth. The minimum lot depth shall be 150 feet. Yard setback requirements shall be as follows:

	Yard	Principal Building (feet)	Accessory Building (feet)
	Front	25	—
	Side (each)	25	10
	Rear	35	10

(20) There shall be a buffer along the entire perimeter of the property, except for the front yard, of no less than 10 feet in width measured from the property line and suitably landscaped with grass and/or ground cover, shrubs and trees. No buildings, including garages, other accessory structures, interior streets and driveways, parking areas, drying yards or play areas, shall be located within the buffer area.

(21) Ingress and egress driveways may be permitted in the front yard area, but nothing herein contained shall be construed to permit parking areas in the front yard. Required parking areas shall be permitted within the required rear and side yard areas, provided that such areas shall be no closer than 20 feet to any property line.

B. In applying for approval of an apartment project, an applicant shall submit five copies of a market analysis and needs survey which shall describe and demonstrate the need for said proposed project in terms of the regional housing market, as defined by the Township Master Plan. Said analysis and survey shall include data and information on vacancy rates, cost and location of other housing facilities within the Township and the region and other pertinent data. The analysis and survey shall reasonably indicate that the need for the type, magnitude (number of units) and cost of housing proposed does exist within the region. Failure to demonstrate such need shall be just cause for denying the application.

[1] Editor's Note: The Schedule of District Regulations is included at the end of this chapter.

§ 405-37 Bulk storage of dry materials. [1]

[Added 11-1-1990 by Ord. No. 366]

A. The bulk storage of materials is strictly limited to dry, natural materials, such as but not necessarily limited to sand, gravel, stone or rock, cement, lumber, grains and similar products.

B. Environmental impact.

(1) The storage of materials, their handling on the site and transport to and from the site shall be such that no nuisance, such as noise, erosion of materials, dirt, odor, insect or animal infestation, or other unpleasant, unhealthy or unsafe condition occurs or becomes a problem for adjacent properties or the public in general. Special care shall be taken to prevent an environmental degradation of the site or any adjoining properties as a result of the movement, handling or storage of such materials. The Planning Board shall require special conditions of operation or site improvements to a proposed bulk storage site to prevent or mitigate environmental or nuisance problems or conditions.

(2) Where a proposed bulk storage facility adjoins a stream or prime agricultural soils or where the use of lands for bulk storage of materials entails activities or changes to the site which could affect groundwater or surface water, the natural topography, or the removal of 1/2 acre or more of woodland, the Planning Board may require an environmental impact statement in order to determine whether the proposal will be environmentally detrimental.

C. Access.

(1) The access driveway to a bulk storage facility shall be designed and constructed to safely and efficiently handle the large, heavy equipment expected to use it. Such driveways' entrances shall be adequately defined with concrete monolithic curb radii and shall be paved with bituminous or concrete cement for a length of at least 50 feet. The design of the driveway and entrance shall be subject to the review and approval of the Planning Board Engineer.

(2) Once a bulk-storage-of-materials use is constructed and utilized, a condition of continued compliance with site plan approval shall be that the driveway is maintained free of ruts or potholes and is not littered to such an extent or duration with spilled materials as to be tracked or otherwise deposited on the public right-of-way.

(3) The driveway shall be provided with a gate to prevent unwarranted or unauthorized access by vehicles to the storage areas during periods when the facility is not in operation.

(4) The minimum side yard requirement for the bulk storage of materials as listed in the Schedule of District Regulations may be reduced by the Planning Board when a site proposed for bulk storage of materials abuts a railroad right-of-way and materials are to be moved to or from the site by rail.

D. No storage or handling of materials shall be permitted within 100 feet of any residential zoning district boundary or any residentially used property.

E. Facilities or lands used for bulk storage of materials shall be fenced to prevent unwarranted access by people or animals.

F. Storage facilities shall be designed to safely and adequately retain their respective materials and to prevent leakage, erosion, spillover or other release of materials.

G. Landscaping.

(1) Landscaping shall be provided in suitable density to provide a visual buffer along that portion of the facility adjoining any public right-of-way except a railroad right-of-way. Said buffer shall use berms, fencing and plant material to provide a visual screen of the stored materials. Where a bulk storage facility adjoins a residential zoning district or residentially used property, a similar buffer shall be provided and maintained between the facility or use and the adjoining district or property.

(2) The landscaping plan shall clearly demonstrate how the visual buffer will be achieved and shall be subject to the review and approval of the Planning Board and its professionals. All landscaped areas and buffers shall be maintained to assure that plant material lives and serves the purpose for which it was intended.

H. An application for a conditional use permit for the storage of bulk materials shall include a detailed schedule of the hours of operation, including the handling and movement of materials to and from the site. The Planning Board, in granting a conditional use permit, may set reasonable hours of operation for handling activities or movement of materials to and from the site so as to avoid or reduce traffic congestion, disturbance of adjoining residential properties or other situations deemed unsafe or unreasonable for the public health, safety or welfare.

I. In granting a conditional use permit for any proposed bulk-storage-of-material use or facility, the Planning Board shall find that said proposed use:

(1) Will not endanger or degrade the natural environment.

(2) Will be compatible with surrounding land uses or will be suitably buffered so as to reduce or eliminate conflicts in uses.

(3) Will not create unnecessary or excessive traffic on local roadways which would make for unsafe or unreasonable interference with local traffic or land uses along such roadways.

(4) Will not result in unsafe, unreasonable nuisances to surrounding properties or the public in general.

[1] Editor's Note: Former § 98-26, Campgrounds, was deleted 9-1-1988 by Ord. No. 316.

§ 405-38 Cluster developments.

[Amended 3-17-2005 by Ord. No. 547]

A. Cluster developments are permitted in the R-1, R-2 and R-3 Residential Districts in accordance with the following regulations:

(1) The maximum permitted density shall be 1/2 unit per acre in the R-1 Residential District and 3/4 unit per acre in the R-2 and R-3 Residential Districts.

[Amended 3-1-2007 by Ord. No. 582]

(2) Land area equal to a minimum of 20% of the tract of land proposed for development shall not be included in lots but shall be set aside for conservation, open space, recreation and park area, or other public purposes. Land utilized for street rights-of-way, driveways, parking lots, dooryards, utility stations, buffer strips and loading areas shall not be included as part of the above 20%.

(3) Land for conservation, open space, recreation, park areas or other public purposes may be satisfied by inclusion of such required space on the developed site or by noncontiguous off-site land as provided herein.

(4) No more than 50% of the total open space within the development site shall be located in one or more of the following: a floodplain, areas with a slope greater than 10%, and watercourses or bodies of water or other areas deemed unsuitable for recreational purposes due to environmental reasons as made evident by the Planning Board's review of the environmental impact statement required to be submitted. When open space requirements are being met by utilization of noncontiguous open space off site from the development, then not more than 25% of the total open space saved off site from the development shall be located in one or more of the following: a floodplain, areas with a slope greater than 10%, and watercourses or bodies of water or other areas deemed unsuitable for recreational purposes due to environmental reasons as made evident by the Planning Board's review of the environmental impact statement required to be submitted.

(5) At least 50% of the total open space saved shall be used for one or more of the following active recreational purposes: golf courses and country clubs; swimming pools and cabana clubs; tennis, badminton and basketball courts; riding clubs; limited membership outdoor recreational areas; private landscaped areas under the supervision of a homeowners' association as provided in this section.

(6) The remaining portions of open space saved shall be permanently devoted to one or more of the following open land uses: parks or playgrounds; woodland conservation areas; agricultural; game preserves; wild fowl refuges; pedestrian walkways; bicycling and bridle trails (excluding motorized cycles and all-terrain vehicles or similar motorized vehicles); stream preservation; and watershed protection or flood control areas.

(7) In certain circumstances, the land area equal to a minimum of 20% of the tract of land proposed for development to be set aside for conservation, open space, recreation and park area or other public purposes can be satisfied by the utilization of noncontiguous parcels of land. The Planning Board shall retain sole discretion in determining the suitableness of utilizing noncontiguous parcels to satisfy this section.

(8) Provisions made with respect to any proposed cluster development for open space and recreational areas shall be reviewed, found adequate and approved by the Planning Board. In its review, the Planning Board shall investigate the size of parcels devoted to open space and recreational areas, their location within or outside of the project, the topography, the uses contemplated upon such open space and recreation areas, configurations of the parcels under consideration, facilities and improvements to be provided, the provisions made for maintenance and access to said parcels, traffic flow around said parcels, the ecological aspects, the staging or timing of the open space and recreational area development, and how various categories of recreational facilities or open space and their location will be proportionally related to the staging of development of housing units, if such staging is proposed. The Planning Board shall make detailed findings concerning the adequacy or inadequacy of the aforesaid items in conformity with the provisions of this chapter and any adopted Township Master Plan. The provisions made shall be deemed adequate if the Planning Board determines that:

(a) Portions of the open space and recreational area are readily accessible to all residential dwelling units;

(b) The uses being designated for open space and recreational areas are reasonably related to and appropriate and sufficient to meet the needs of the project's residents for a variety of uses appealing to all socioeconomic levels and age groups;

(c) The uses being designated for open space and recreational areas will be functional upon the arrival of the residents who will use them;

(d) The topography of the land is suitable for the uses contemplated, and the uses will not be detrimental to the ecology of the area; and

(e) The open space and recreational areas are conveniently and appropriately designed with regard to the project's pedestrian and vehicular traffic patterns to provide access to, in, around and from the uses proposed.

(f) In addition to the foregoing criteria, if the required open space is provided on one or more noncontiguous parcels, such areas shall be reviewed, found adequate, and approved by the Planning Board. Since the intended use of noncontiguous parcel or parcels may not be exclusively devoted to the residential development, such use and other provisions must satisfy other stated goals and objectives of any adopted Township Master Plan with regard to the use of the parcel, convenience, recreational uses, open space or other purposes benefiting the residents of the Township as a whole.

(9) The Planning Board shall find that the restrictions, covenants or other legal devices designed to preserve open space and recreational areas for the uses initially proposed, to protect open space and recreational areas from erosion into other uses, and to confine open space and recreational areas to the uses approved are adequate for such purposes.

(10) While nothing herein contained shall be deemed to require that, as a condition of cluster development project approval, a developer must make available lands for public use which are proposed as open space and recreational areas, the Township may, at any time and from time to time, accept the dedication of said land or any interest therein for public use and maintenance where a free and uncoerced offer is made by the developer. That said offer is free and uncoerced shall be established on the record of any public meeting wherein said offer is made. Lands offered to the Township shall meet the following requirements:

(a) 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.

(b) Any land offered to the Township shall be optimally related to the overall plan and design of the development or Township Open Space Plan goals and objectives and improved to best suit the purpose(s) for which it is intended.

(c) The lands offered to the Township shall be subject to review by the Planning 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 Planning Board may request an opinion of other public agencies or individuals as to the advisability of the Township's accepting any lands to be offered to the Township.

(d) Every parcel of land offered to and accepted by the Township shall be conveyed to the Township by deed at time of submission of the final plan to the Township for review and approval. The deed shall contain such restrictions as may reasonably be required by the Planning Board to effectuate the plan hereinabove pertaining to the use of such areas. Should the subdivision consist of a number of development stages, the Planning Board may require that acreage proportionate in size to the stage being considered for final approval be donated to the Township simultaneously with the granting of final subdivision approval for that particular stage, even though these lands may be located in a different section of the overall development.

(e) The minimum size of each parcel offered to the Township shall be five acres.

(11) Any lands intended for use as open space or recreational areas and not to be dedicated to the Township or other public agency shall have a deed restriction approved by the Township Attorney, specifying that it will be permanently devoted to one or more of the various open space or recreational uses approved by the Planning Board. There also shall be incorporated into the deed for said open space or recreational lands a reversion clause, also approved by the Township Attorney, arranged in favor of the Township, stating that in the event the private open space or recreational use ceases to function for a period of one year said lands shall be subject to the provisions of § 405-62A(14) contained herein.

B. Prior to approval of a cluster development project, the Planning Board shall find the following facts and conclusions:

(1) That departures by the proposed development from the zoning regulations otherwise applicable to the subject property conform to the standards of this section.

(2) That the proposals for maintenance and conservation of the common open space are reliable and that the amount, location and purpose of the common open space are adequate.

(3) The noncontiguous site is suitable.

(4) The Township agrees to accept public dedication of the open space.

(5) That provision 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.

(6) That the proposed development will not have an unreasonably adverse impact upon the area in which it is proposed to be established.

(7) In the case of a 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.[1]

[1] Editor's Note: Former § 98-28, Duplexes and semidetached houses, as amended, which immediately followed this section, was deleted 5-4-1995 by Ord. No. 435. Former § 98-28.1, Flea markets, auctions and outdoor sales, added 9-1-1988 by Ord. No. 316 and which immediately followed former § 98-28, was deleted 8-2-1990 by Ord. No. 360.

§ 405-39 Gasoline service stations, repair garages and car washes.

[Amended 9-1-1988 by Ord. No. 316]

Gasoline stations and repair garages, which include facilities or structures used for the painting of motor vehicles, may be established when they meet the following conditions:

A. In addition to site plan details required by § 405-76, the site plan submitted in connection with an application for a gasoline station or repair garage shall also include:

(1) The location of all fuel tanks and pumps;

(2) The dimensions and capacity of each tank;

(3) The depth the tanks will be placed below ground level;

(4) The location and use of all structures, principal and accessory, to be constructed; and

(5) The location and number of automobiles or motor vehicles in need of service which are to be garaged or parked on the premises.

B. No motor vehicle gasoline or service station or repair garage shall be located within 200 feet of the entrance of a school, recreational area or facility, library or hospital. Such distances shall be measured in a straight line from the property line of referenced structures, areas or facilities to the station or garage lot line nearest said structure, area or facility along the street line.

C. It is intended that gasoline or service stations and repair garages be designed compatibly with other permitted commercial and industrial uses in the zone district in which they are proposed to be located, that they not be stripped along the available highway frontage or at more than two quadrants of any intersection and that they be included within shopping centers and in industrial parks as an integral part of the overall design. Ingress and egress shall be designed to recognize turning movements generated. These access points shall be coordinated with the access points required for adjacent or nearby uses and the frequency of intersecting side streets.

D. Any part of a property or site to be used for the repair of vehicles, dispensing or changing of fluids, prolonged motor vehicle idling or painting of vehicles shall not be located in any floodplain or within 100 feet of a residence, church, school, library, eating establishment or health-care facility unless undertaken entirely within an enclosed structure.

E. All fuel pumps shall be located at least 35 feet from any property line. All fuel tanks shall be installed underground and shall be located at least 30 feet from any property line. The spacing between any two pumping islands and between any islands and any structure shall be subject to the review and approval of the Planning Board or Township Engineer.

[Amended 1-19-1996 by Ord. No. 449]

F. All storage areas shall be suitably screened, and no vehicles shall be stored on site which are not awaiting repair work. Facilities for trash disposal shall be provided and, where necessary, screened. No junked automobiles or parts thereof and no unregistered motor vehicles shall be permitted outside an enclosed building. In the case of repair garages which are part of or established in conjunction with the sale of motor vehicles and the sale or repair of farm equipment or machines, unregistered vehicles may be stored outside a structure on designated sales areas.

G. As a minimum, screening as required in §§ 405-29 and 405-62A(4) shall be required along any property line adjoining a residentially zoned or used property. The Planning Board may require additional buffering or other protective measures as necessary to protect surrounding properties from the effect of light, noise or air pollution generated on the site.

H. Any part of the site proposed for a gasoline or service station or repair garage subject to access by motor vehicles shall be paved or provided with a dustless, hard surface. The areas used for the dispensing of gasoline or other fuels shall be paved with a hard surface and sufficient drainage to contain and collect for proper disposal any spills of said liquids should they occur.

I. Except in the case of farm equipment machinery, recreational vehicles or boats, all work on vehicles or boats involving body or hull repairs, removal of engines or transmissions, or painting shall be performed in an enclosed, ventilated building or structure.

J. Driveways shall not be more than 24 feet at property lines and curblines and shall be located at least 10 feet from the intersection of street right-of-way lines. Driveway entrances shall be paved with portland cement or asphaltic concrete.

K. Accessory goods for sale may be displayed in the building and on the pump island(s). All other exterior display and parking of equipment for rent or sale shall be permitted, provided that the area devoted to the purpose is in addition to the minimum lot size required for a gasoline or service station or repair garage; the area devoted to this purpose does not exceed 20% of the total area of the entire site; the maximum sign area for the station or garage is not exceeded; and the location of the equipment being rented or sold does not interfere with the required off-street parking requirements for the service station and does not interfere with the on-site traffic circulation indicated on the approved site plan.

L. All gasoline stations and/or repair garages shall be provided with adequate and sufficient facilities, equipment and structures and shall be designed to ensure against degradation of or adverse effects to the environment and adjacent land uses within 500 feet of the property involved. Such facilities and equipment include storage tanks for used motor oil or petroleum products, emission control and air quality devices and separate disposal systems designed to properly handle wastewaters used in connection with such uses, including motor vehicle cleaning.

M. In addition to complying with all the requirements listed in § 405-39A through K, car washes shall also meet the following standards:

(1) Sufficient on-site area shall be provided to permit cars or other vehicles waiting for service. Such waiting areas shall be suitably screened from adjoining properties.

(2) All wastewater generated from such uses shall be recycled, and such wastewater not able to be recycled shall be disposed of in a public wastewater system or an approved on-site disposal system designed to handle such flows and prevent degradation of groundwater supplies. No wastewater will be allowed to leave the site through surface runoff or storm drains.

N. All gasoline service stations shall provide public rest room facilities for their patrons' use.

[Added 1-19-1996 by Ord. No. 449]

§ 405-40 Industrial parks.

Industrial parks may be established on minimum parcels of 50 acres or more. All industrial parks shall conform to the following standards:

A. Industrial or commercial uses shall be limited to those uses permitted by right in a GI General Industry District and listed as principal and conditional uses in a GI General Industry District as shown on the Schedule of District Regulations.[1] The Planning Board may permit other commercial or industrial uses if said proposed use does not subvert the intent or purpose of the GI District.

[1] Editor's Note: The Schedule of District Regulations is included at the end of this chapter.

B. Any industrial park shall be subject to subdivision review and shall obtain approval of the Planning Board for any parcel within said park to be sold, leased or otherwise established and utilized for an industrial or commercial use as permitted by this section.

C. In reviewing any proposed industrial park, the Planning Board shall either determine that no adverse effects will result from such development or make such requirements as deemed reasonable and necessary to minimize or eliminate any adverse effects.

D. The minimum road right-of-way in an industrial park shall be 60 feet.

E. Industrial parks shall have a buffer strip established around the perimeter of the park which shall be a minimum of 50 feet wide and landscaped as specified by the approving authority. Said buffer may be utilized in computing minimum setback requirements in connection with any single tract within the park.

F. The minimum tract or lot size within an industrial park shall be two acres. The approving authority shall be guided by the minimum and maximum building standards for individual sites within an industrial park as set forth in the Schedule of District Regulations.[2]

[2] Editor's Note: The Schedule of District Regulations is included at the end of this chapter.

G. Sites proposed for industrial parks shall have access to major transportation arteries and utilities.

§ 405-41 Keeping of animals and livestock; kennels and animal hospitals.

[Amended 9-1-1988 by Ord. No. 316]

The keeping of animals and/or livestock and the use and operation of kennels and/or animal hospitals shall be in accordance with the following.

A. For purposes of this chapter, animals and livestock shall be separated into the following classifications:

(1) Class I animals: horses, ponies, donkeys or any other animals belonging to the biological order of perissodactyla.

(2) Class II animals: cattle, pigs, goats, sheep or other animals commonly referred to as "livestock."

(3) Class III animals: any feathered vertebrate animal, including but not limited to chickens, geese, ducks, turkeys, hens, pheasants or other animals commonly referred to as "barnyard fowl."

(4) Class IV animals: dogs, cats, parakeets, parrots, small pet birds, hamsters, guinea pigs and similar or usual domestic pets.

(5) Class V animals: fox, mink, fur-bearing animals, including rabbits except when one or two are kept as domestic pets, monkeys or other wild animals which by state or federal law require a license to be kept in captivity.

B. The keeping of animals and/or livestock shall be permitted as per the Schedule of District Regulations,[1] provided that the following requirements are met:

(1) Not more than one Class I animal shall be kept on a lot of at least two acres in size, provided that said animal is kept enclosed in a pen or corral containing not less than 5,000 square feet in area. Each additional Class I animal shall require an additional acre in lot area and an additional 2,000 square feet of pen or corral space. At a minimum, box stalls of 100 square feet and/or straight stalls of five feet by eight feet per animal shall be provided. No animal shall be housed or manure stored closer than 100 feet to any adjacent property line.

(2) In any residential district on a lot of at least one acre in size, not more than two Class II animals (except pigs) or 12 Class III animals may be kept, except in the case of cattle, wherein the lot size shall be no less than three acres. The keeping of pigs shall be prohibited in all residential zoning districts. All such animals shall be kept enclosed in a pen, corral or other suitable enclosure with appropriate animal housing provided. No animal shall be housed or manure stored closer than 100 feet to any adjacent property line.

(3) The keeping of Class IV animals shall be permitted in all zoning districts, provided that the breeding and sale of such animals may be determined a commercial use by the Zoning Officer based upon the number of animals involved within a reasonable time period and the use of property or structures thereon for such activity. When so determined a commercial activity, the property owner shall be subject to the requirements of this chapter for such commercial activity, including site plan review.

(4) All fencing in connection with the enclosure of animals shall be installed no less than 10 feet from adjacent property lines and at least 50 feet from the nearest dwelling, excluding the owner's.

(5) In computing the acreage required for the keeping of animals or livestock, each class of animal as set forth herein shall be computed separately, resulting in a cumulative total. Subsection B(1) through (6) shall not apply to any agricultural district or any farm, as defined by this chapter, except that the keeping, breeding or sale of all Class V animals shall be prohibited in all zone districts within the Township of Upper Deerfield.

[Amended 12-19-1991 by Ord. No. 381]

(6) An apiary shall be permitted on any lot of at least two acres in size, provided that bees kept for the production of honey shall be housed no less than 100 feet from the nearest dwelling, except the hive owner's, and bees kept for other purposes shall be housed no less than 200 feet from the nearest dwelling, excluding the owner's. All hives shall be located at least 25 feet from any property line.

(7) Kennels, small animal grooming shops, animal hospitals or any place wherein animals may be boarded for a fee are permitted as provided in the Schedule of District Regulations[2] on parcels of at least five acres in size, unless such use is contained in a fully enclosed, soundproof building, wherein area, yard and building requirements of the zone district in which it is located shall apply. Wherever permitted, the following requirements shall apply:

(a) Animal runs and any other outdoor animal areas shall be no less than 50 feet from adjacent property lines.

(b) Off-street parking facilities shall be provided on the premises in such quantity as shall be determined by the Planning Board.

(c) Adequate screening shall be required.

(d) Any such use shall be free of noise, odor or other objectionable nuisances, and in granting approval conditions may be imposed upon an applicant to eliminate or reduce any such nuisances.

(e) Pet shops, riding academies or establishments and animal obedience and training schools are considered commercial uses and are not covered by this section.

[2] Editor's Note: The Schedule of District Regulations is included at the end of this chapter.

(8) Poultry, fowl or turkey farms may be established wherever agricultural use/purpose activities are permitted in accordance with the Schedule of District Regulations,[3] provided that they meet the following conditions:

(a) All applications for poultry, fowl or turkey farms or the raising and breeding of any Class III animals shall be accompanied by a written opinion of the County Agricultural Agent concerning the possible nuisance characteristics of such use and recommended measures for adequately dealing with them. Such opinion shall be reviewed by the Planning Board and, where deemed appropriate, made a condition of approval. Site plan review shall not be required in connection with any such proposed use; however, the applicant shall provide a drawing to scale of the proposed use and a written statement detailing the purpose of the operation, the manner in which the animals will be housed, methods for recycling or disposing of manure, the number of animals to be kept in relation to the size of the parcel, all building or range areas, property line setbacks and proposals for regular rotation and cropping of range areas, including schedules.

(b) Any such use must meet the following conditions:

[1] Turkeys are to be raised only inside entirely enclosed buildings.

[2] Minimum parcel size shall be 10 acres when animals are to be outside.

[3] Surface runoff from range areas shall be retained on site.

[4] Fencing or other barriers are to be erected to catch debris or feathers from being blown off the site to whatever practical extent possible.

[3] Editor's Note: The Schedule of District Regulations is included at the end of this chapter.

[1] Editor's Note: The Schedule of District Regulations is included at the end of this chapter.

§ 405-42 Resource extraction.

[Amended 9-1-1988 by Ord. No. 316; 2-15-2018 by Ord. No. 771]

A. Resource extraction and the removal of sand, gravel, rock, earth, minerals, clay or other burden shall not be permitted in any zone in Upper Deerfield Township except as otherwise provided in Subsection B hereof.

B. The following activities are not precluded by the provisions of Subsection A above:

(1) The excavation, stockpiling and moving of soils as may be permitted activities on commercial farms pursuant to the Right to Farm Act provided for in N.J.S.A. 4:1C-1 and regulations promulgated thereunder;

(2) The extraction, use, movement and removal of soils and earth materials as may be necessary pursuant to approved and validly existing construction permit and/or valid site plan approval subject to the requirements of the Cumberland Soil Conservation District.

(3) Excavations and grading for yards, sidewalks, drainage ditches, sewage disposal systems or other minor yard improvements.

(4) All existing approved sanitary landfill operations which are in conformance with all applicable federal, state and local statutes, regulations and ordinances.

(5) New streets, roadways or driveways where regulated by other ordinances.

(6) Excavations made by Upper Deerfield Township, the County of Cumberland or the State of New Jersey or by their agents, servants and/or employees as part of construction of public improvements, such as streets, highways, drainage, sewers, water lines or other similar projects.

(7) Underground utility lines within the bounds of the public streets and roadways.

(8) Resource extraction activities for validly existing prior nonconforming uses as more particularly defined in Subsection C that are in compliance with the requirements set forth in Subsection D below.

C. Activities qualifying for continuation as valid, preexisting, nonconforming resource extraction uses.

(1) For resource extraction operations to qualify for continuation pursuant to the provisions of Subsection D below, it:

(a) Shall have been in operation prior to the date upon which this section was adopted; and

(b) Shall have obtained conditional use and site plan approvals from the Upper Deerfield Land Use Board prior to the date of the adoption of this section; and

(c) Shall have been operated in compliance with all prior approvals and permits; and

(d) Shall have paid all fees and monies due Upper Deerfield Township for permits, site plan applications and escrows as required by the ordinance in effect at the time of approval; and

(e) Shall not have been abandoned.

D. Continuation of valid pre-existing resource extraction operations.

(1) The continuation of valid pre-existing resource extraction operations, as defined herein, shall be subject to the following requirements.

(a) Periodic review and approval by Upper Deerfield Township Planning Board.

[1] As required by § 405-42D(2) and as a condition of the issuance of the permits by Township Committee pursuant to that section, the landowner shall have made application to and received the approval of the Upper Deerfield Township Planning Board within three years of the date of the last Planning Board review and/or approval confirming that the continued operations meet the requirements of the prior approvals and this section.

(b) No expansion of resource extraction operations.

[1] The resource extractions operation shall be limited to those areas approved prior to the adoption of this section, and shall not be expanded beyond those areas approved on the parcel subject to the approval, and shall not expand into any contiguous parcel.

(c) Abandonment.

[1] The right to continuation of the resource extraction operation shall cease upon the abandonment of those operations. The operations shall be deemed abandoned if the landowner fails to obtain permits for two consecutive years.

(2) Application requirements for Planning Board periodic review.

(a) Requirements for submission to the Planning Board of an application for periodic review shall include the following:

[1] The name and address of the applicant; if the applicant is a partnership, the partnership name, business address, together with the names of all partners and their residential addresses and the date and state under which organized; if the applicant is a corporation, the name of the corporation, the place of business of such corporation, the date and state of incorporation, the names and addresses of all officers and the positions held in such corporation, together with the names and addresses of all directors of such corporation, the names and addresses of all stockholders holding 10% or more of the stock of the corporation and the name and address of the legal representative of the corporation. If a foreign corporation, whether the same is authorized to do business in the State of New Jersey.

[2] If the owner is not the applicant, written consent of the owner to the application and proposed excavation and soil removal shall be submitted with the application as well as a statement of the relationship between the owner and the applicant. The name and business address of the owner, if an individual; the name, residence and business address of each partner, if a partnership; the name, date and state under which organized, if a corporation, and if a foreign corporation, whether the same is authorized to do business in the State of New Jersey. A corporate applicant shall indicate the names of directors, principal officers and local representatives and their business addresses.

[3] A detailed description of the premises and its location, together with the Upper Deerfield Township Tax Map block and lot number or numbers and current zoning designation.

[4] Four copies of a survey and site plan of the premises for which the periodic review approval is sought, prepared by a licensed engineer and surveyor licensed by the State of New Jersey at a scale of not more than 100 feet to the inch, showing the following information:

[a] Property boundaries, existing topographical contour lines of the land involved and abutting lands and roads within 500 feet.

[b] A copy of the United States Geological Survey quadrangle sheets showing topographical information within one mile of the premises; the proposed topographical contour grades which will result from the intended soil removal; all roads and buildings, streams and bodies of water within 500 feet of the premises.

[c] The names and addresses of adjoining landowners within 300 feet.

[d] Existing water drainage conditions and water levels depicting on-site drainage collection and distribution.

[e] All wooded areas.

[f] The limit of the area or areas on the premises within which the soil operations or removal is to be conducted and the dimensions of the premises or lot.

[g] The existing elevations of the lands, buildings, structures, streets, streams, bodies of water and watercourses on the premises or lot and the proposed final elevations at each point where existing elevations are shown on the map which are to be changed as a result of completion of the proposed work.

[h] The proposed slopes and lateral supports at the limits of the areas, upon completion of the excavations and soil removal operations.

[i] The proposed provisions and facilities for water drainage of a requisite on-site sedimentation pond which shall collect all drainage from the site.

[j] The location and approximate quantities of topsoil stockpiles.

[k] The location of any existing wetlands or stream encroachment lines.

[l] An accurate cross-section or sections showing the location or locations and quantities, in cubic yards, of soil to be removed.

[5] Plans showing the place or places where the entrances or exits to the excavation or area of soil removal operation fences or buildings are to be located. The plan should contain a map indicating the planned routes for all trucks entering or leaving the facility. The map shall identify routes through the Township to reach major thoroughfares in or around Upper Deerfield Township. The proposed routes shall be selected with safety in mind, but shall attempt to minimize truck traffic through or around residential developments, recreation areas or narrow (less than twenty-four feet wide) roads. Truck routes will be distributed at least quarterly to all truck drivers or operators. Post a permanent sign at the entrance and/or exit which states "Designated Truck Routes Must Be Obeyed." This information may be included on the survey and site plan.

[6] A statement of the type of equipment and apparatus to be used in the excavation and soil removal operations.

[7] The applicant's best estimate of the total cubic yards of soil to be removed pursuant to the permit and the number and location of acres to be mined during the permit year.

[8] The applicant's best estimate of the period of time for which the excavation or soil removal operations will be conducted and the removal completed.

[9] A reclamation plan for the eventual rehabilitation and use of the site covered by the permit after the resources have been removed, which conforms to the terms of this chapter. Such a plan, at a scale of not less than one inch to 100 feet, showing topographic contour intervals at not less than 10 feet, should be adaptable to the particular surroundings and in general agreement with the Township Master Plan, as adopted. The plan shall show the proposed treatment of the channel of any stream within the rehabilitation area and limits of excavation which will protect, as much as is reasonably possible, the natural or improved channel and any adjacent wooded areas considered vital to the function of the rehabilitated area.

[10] A twenty-four-hour telephone number for use in case of emergency and the name, address and phone number of the person having direct charge or supervision of the operation.

[11] A copy of the soil erosion and sediment control plan which has been approved by the Cumberland County Soil Conservation District pursuant to N.J.S.A. 4:24-39 et seq. No action shall be taken on any application prior to the submission of this approved plan.

[12] An environmental impact statement in conformance with § 405-42D(2)(a)[15] of this section.

[13] A buffer/landscape plan in conformance with § 405-42D(4)(a)[10] of this section.

[14] Notice to property owners within 200 feet of the boundaries of the property for which the periodic review approval is sought in accordance with the provisions of N.J.S.A. 40:55D.

[15] An environmental impact statement prepared in accordance with 42 U.S.C. § 4331 et seq. in the following form and including the following information.

[a] Purpose. The environmental impact statement shall provide a full and fair discussion of significant environmental impacts. Statements shall be concise, clear and to the point and shall be supported by evidence that the applicant has made the necessary environmental analysis.

[b] Implementation. To achieve the purposes in Subsection D(2)[15][a], applicants shall prepare environmental impact statements in the following manner:

[i] Environmental impact statements shall be analytic rather than encyclopedic.

[ii] Impacts shall be discussed in proportion to their significance. As in a finding of no significant impact, there should be only enough discussion to show why more study is not warranted.

[iii] Environmental impact statements shall be kept concise. Environmental impact statement shall include a four-season study of the impact and effect of the operation on the environment and shall include a twenty-year projection and impact analysis.

[iv] Environmental impact statements shall serve as the means of assessing the environmental impact of proposed applicant's actions.

[v] All factual representatives contained in the statement shall be under oath or affirmation.

[vi] Timing. An applicant shall commence preparation of an environmental impact statement as close as possible to the time the applicant will submit his application for renewal of a permit so that preparation can be completed in time for the final renewal statement to be included with the permit application.

[c] Writing. Environmental impact statements shall be written in plain language and may use appropriate graphics so that decision makers and the public can readily understand them.

[d] Applicants shall use a format for environmental impact statements which will encourage good analysis and clear presentation of the alternatives included in the proposed action. The following format should be followed unless there is a compelling reason to do otherwise:

[i] Cover sheet.

[ii] Summary.

[iii] Table of contents.

[iv] Purpose of report.

[v] Affected environment.

[vi] List of unavoidable adverse impacts.

[vii] List of preparers.

[viii] Index.

[ix] Appendices (if any).

[e] Cover sheet. The cover sheet shall not exceed one page. It shall include:

[i] The title of the proposed action that is the subject of the statement.

[ii] The name, address and telephone number of the person who can supply further information.

[iii] A designation of the statement as a draft, final or draft or final supplement.

[iv] A one-paragraph abstract of the statement.

[f] Summary. Each environmental impact statement shall contain a summary which adequately and accurately summarizes the statement. The summary shall stress the major conclusions, adverse impacts and the issues to be resolved. The summary should normally not exceed 10 pages.

[g] Affected environment. The environment impact statement shall succinctly describe the environment of the area(s) to be affected. Data and analyses in a statement shall be commensurate with the importance of the impact, with less important material summarized, consolidated or simply referenced. Verbose descriptions of the affected environment are themselves no measure of the adequacy of an environmental impact statement.

[h] Unavoidable adverse impacts. This discussion will include the environmental impacts of the proposed action, any adverse environmental effects which cannot be avoided should the proposal be implemented, the relationship between short-term impacts on the immediate site environs and the maintenance and enhancement of long-term productivity and any irreversible or irretrievable commitments of resources which would be involved in the proposal should it be implemented. It shall include discussions of:

[i] Direct effects and their significance.

[ii] Indirect effects and their significance.

[iii] Possible conflicts between the proposed action and the objectives of local land use plans, policies and controls for the area concerned, including a discussion of possible conflicts between the proposed action and the objectives of the New Jersey Department of Environmental Protection.

[iv] Energy requirements and conservation potential of various alternatives and mitigation measures.

[v] Natural or depletable resource requirements and conservation potential of various alternatives and mitigation measures.

[vi] Means to mitigate adverse environmental impacts.

[i] List of preparers. The environmental impact statement shall list the names, together with their qualifications (expertise, experience, professional disciplines), of the persons who were primarily responsible for preparing the environmental impact statement or significant background papers, including basic components of the statement. Where possible, the persons who are responsible for a particular analysis, including analyses in background papers, shall be identified.

[j] Appendix. If an applicant prepares an appendix to an environmental impact statement, the appendix shall:

[i] Consist of material prepared in connection with an environmental impact statement.

[ii] Normally consist of material which substantiates any analysis fundamental to the impact statement.

[iii] Normally be analytic and relevant to the decision to be made.

(3) Zoning standards applicable to continued use.

(a) The zoning standards applicable to the continued operations of resource extraction activities shall include the following, except where an existing resource extraction operation has been granted site plan approval by the Upper Deerfield Township Planning Board, wherein the approved site plan shall control:

[1] The site is designed so that no area of excavation, sedimentation pond, storage area, equipment or machinery, or other structure or facility is closer than:

[a] One hundred fifty feet to any property line.

[b] Five hundred feet to any residential dwelling existing on the date the permit is issued.

[2] The site is at least 25 acres in size, unless it is contiguous to lands already used by an active land mining operation, in which case the coordination of restoration plans between the new and existing uses will be required. When considering such coordination, the Planning Board shall require that both tracts involved are in the same ownership or that binding agreements exist between property owners to assure such coordination.

[3] The site has sufficient arable topsoil stored on site for restoration. Such topsoil stockpiles shall be treated, planted and graded so as to protect the same from wind and water erosion.

[4] The site is fenced or blocked so as to prevent unauthorized entry into the resource extraction operation area.

[5] The site is designed so that surface runoff will be maintained on the parcel involved in a manner that will provide for on-site recharge to groundwater.

[6] The operation will be carried out in accordance with an excavation schedule which depicts an anticipated sequence, as well as anticipated length of time, that each twenty-five-acre unit of the parcel proposed for excavation will be worked.

[7] The plan includes restoration of disturbed areas at the completion of the resource extraction operation in accordance with the provisions of § 405-42D(4)(a)[23] herein.

[8] The plan will not involve clearing adjacent to ponds in excess of 20 acres or an area necessary to complete scheduled operations or will not involve unreclaimed clearing exceeding 150 acres for surface excavation at any time.

(4) Design and performance standards applicable to continued resource extraction operations.

(a) The continued resource extraction operations pursuant to the terms of this section and Chapter 312 of the Township Code shall meet the following design and performance standards, except where an existing resource extraction operation has been granted site plan approval by the Upper Deerfield Township Planning Board, wherein the approved site plan shall control:

[1] Appearance. Permitted excavations shall be operated in a neat and orderly manner, free of junk, trash or unnecessary debris. Buildings shall be maintained in a sound condition, in good repair and appearance. Weeds shall be cut as frequently as necessary to eliminate fire and health hazards, and nonoperative vehicles and equipment shall be safely stored for periods not exceeding six months. Storage or placement of materials on site other than subsoil and topsoil which originated from the lot shall only be as allowed and approved by the Planning Board Engineer. Such storage of materials shall be identified on the topographical map submitted with the periodic review application pursuant to § 405-42D(2)(a)[4]. Storage of such materials shall not interfere with the timely stabilization or final restoration of the site.

[2] Control of dust. Permitted excavations shall be operated so as to reduce dust to a minimum. Unless otherwise specified by the Township Engineer, operations shall be conducted in accordance with the following standards:

[3] Access roads shall be maintained in a reasonably dust-free condition. In order to minimize dust, access roads shall be paved. Areas used for the movement of haulage vehicles and mobile equipment closer than 100 feet to the point at which haulage vehicles are to be loaded shall be sprinkled with water as frequently as necessary to reduce the stirring of dust and soil to the minimum level possible.

[4] The owner and operator of a land mining, earth and resource extraction operation shall be responsible for cleanup of any earth, dust or other accumulation deposited upon the public roadways by any motor vehicle, truck or common carrier traffic picking up or discharging extracted resources. The Township Public Works Department may conduct such cleanup and assess costs of the same against the owner and/or operator of the operation after giving three days' notice to the owner and/or operator that cleanup of the roadway is required for the health, safety and welfare of residents and travelers upon the roadway. Failure to pay the cost of removal within 30 days of billing shall be a further violation of this section and shall be a cause for suspension of a permit pursuant to Chapter 312 of the Township Code.

[5] The owner or operator of a land mining, earth and resource extraction operation shall insure that vibration and dust occurring from the extraction of resources or from the operation of equipment or structures incident to the same are properly maintained and operated so as to utilize muffling or insulating devices to minimize vibration and conducted in such a way as to reduce or eliminate dust, including the spraying of water on and at the extraction point in dusty conditions.

[6] Noise and vibration. Excessive noise is prohibited. All activities shall conform to the applicable state noise regulations under the Noise Control Act of 1971, N.J.S.A. 13:1G-1.

[7] Machinery utilized in the daily operations at the mine will feature "white noise" reverse beepers.

[8] Idling and standing by. The owner and operator of a resource extraction operation shall clearly mark all entranceways to the premises sufficiently to give warning to any and all motor vehicle, truck or common carrier traffic picking up or discharging extracted resources that idling or standing prior to the hours of operation listed in § 405-42D(5) of this section is prohibited. The owner and operator a motor vehicle, truck or common carrier traffic picking up or discharging extracted resources shall not idle or stand at the entrance to a land mining, earth and resource extraction operation prior to the hours of operation listed in § 405-42D(5) of this section.

[9] Protection of streams and water-bearing strata. Permitted excavations shall be conducted in a manner so as to keep adjacent streams, percolation ponds and water-bearing strata free from undesirable obstruction, silting, contamination or pollution of any kind, and shall not involve excavation below the seasonal high-water table. If the permit holder and Planning Board Engineer cannot agree on soil erosion and sediment control measures to be followed, any controversy shall be referred to the New Jersey Soil Conservation Service for resolution.

[10] Buffer and landscaping. The owner and permit holder shall maintain a protective buffer zone for the duration of the mining operation, which shall consist of a strip of land not less than 75 feet in width adjacent to all property lines designed as follows.

[a] The buffer adjacent to public roads shall be designed as follows:

[i] All portions of a frontage landscape strip shall be planted in trees, shrubs, grass or ground cover, except for those ground areas that are mulched. Trees may be clustered for decorative effect following professional landscaping standards for spacing, location, and design. An earth bank or berm may be a part of the protective landscaped buffer zone.

[ii] Trees shall be provided within the frontage landscape strip at the rate of one tree for every 25 feet to 40 feet of street frontage, or portion thereof (excluding driveways) depending on tree height at maturity. Trees must be of a type that is suitable to local growing conditions.

[iii] Upon planting, new trees shall have a caliper of no less than 2.5 inches, and may be clustered for decorative effect and environmental benefit following professional landscaping standards for spacing, location, and design.

[iv] Trees and shrubs in the frontage landscape strip are not to extend into the street right-of-way, nor interfere with the sight triangle requirements specified in § 405-18 of the Zoning and Development Code for street and driveway intersections.

[v] Shrubs are to be provided within the frontage landscape strip at the rate of 10 shrubs for every 60 feet of street frontage, or portion thereof (excluding driveways). Shrubs must be at least 18 inches tall at the time of planting.

[vi] Trees planted in the frontage strip shall not be located beneath overhead electrical wires.

[b] The buffer adjacent to side and rear property lines shall be designed as follows:

[i] Buffers may be comprised of earth berms, fences, and landscaping, which shall be of a sufficient quantity, species and size to add some protection from noise, dust, fumes and the like. The buffering shall be designed to insure a year-round high and low visual screen and consist predominantly of native evergreen and deciduous trees and shrubs. Any physical barriers to be constructed, such as fencing, shall be constructed within the buffer area.

[ii] Two or more species of evergreen and deciduous trees are to be provided to reduce the effects of potential tree disease and to provide a more naturalized buffer.

[iii] If shade trees are to be installed, they shall be provided in the buffer at the rate of one tree per 1,000 square feet of buffer area.

[iv] Landscaping buffers shall be designed to block 75% of all views from one side to the other within five years after planting.

[v] An earth bank or berm may be a part of the protective landscaped buffer zone. The Planning Board Engineer shall approve the design of the earth bank or berm and same shall be landscaped, stabilized and maintained.

[11] The Planning Board Planner shall approve all items to be installed or planted.

[12] Blasting. Blasting shall not be permitted in conjunction with any approval issued under this chapter.

[13] Erosion. Throughout the duration of the mining operation, the owner and permit holder shall construct and maintain an earth bank or berm or whatever is necessary in the determination of the Planning Board Engineer and in compliance with the soil erosion and sediment control permit, to prevent any erosion which may occur from being carried onto public roads or watercourses or property of others during the extent of the removal operation.

[14] Tracking and spillage. The owner and permit holder shall take reasonable precautions, including, but not limited to, the covering of the material in the vehicle and installation of tracking pads, to prevent the spilling of mine materials from and/or tracking of same by vehicles used in conjunction with the mining operation onto public roads or property. All such precautions shall conform to the standards of the Soil Conservation Service.

[15] Road maintenance. The permittee shall repair, restore and repave that portion of the public road at the drive access from time to time in accordance with the specifications and requirements of the Township Engineer.

[16] Fences.

[a] In the case of any open excavation, there shall be a fence, with suitable gates, completely enclosing the portion of the property on which the excavation is located.

[b] All such fences shall be of durable construction and at least six feet in height. All such fences must be approved by the Planning Board Planner. The fence shall be located at all points 40 feet or more distant from the edge of such excavation.

[c] All barriers and gates employed by the owner or permit holder for the purpose of blocking and/or restricting access to ingress and egress points at mining operation sites shall conform with the following standards:

[i] Fences located within 75 feet of a public right-of-way shall be black vinyl-coated chain link.

[ii] A reflective strip a minimum dimension of six inches in height shall be positioned across the entire face of the barrier or gate. The reflective strip shall consist of alternating diagonal stripes of white and international orange.

[iii] The use of ropes, wires, chains, cables and similar-type materials are prohibited for barrier or gate usage.

[17] Sedimentation pond. Each owner and permit holder shall maintain an on-site sedimentation pond which shall collect all drainage from the site. The design of the sedimentation pond shall conform to the standards of the Soil Conservation Service. The owner and permit holder shall also provide for the adjustment of the pH of the collected waters to conform to the Standards of the Soil Conservation Service and the New Jersey Department of Environmental Protection and Energy. The design of the pond and the provisions for the treatment of the collected water shall be subject to the approval of the Planning Board Engineer.

[18] Acreage markers. During the term of any permit, the limits of the acreage included in the permit shall be prominently marked at the site of operation by markers at least five feet in height above ground levels and painted a color to be designated by the Planning Board Engineer so that the limits of the permit area shall be readily identified. The lateral interval between said markers shall not exceed 400 feet in distance. No mining operation shall be conducted without the above markers being in place. The Planning Board Engineer may waive portions of this requirement when he deems it impractical to mark the entire perimeter of the permit area.

[19] Interim grading and stabilization. Any area of a lot which was previously mined or disturbed but not completed and which is not part of an area covered by a current mining permit issued pursuant to Chapter 312 of the Township Code shall be graded and stabilized within six months of the issuance of the current mining permit. Interim grading shall be as approved by the Planning Board Engineer and shall include sufficient topsoil to establish a temporary vegetative cover.

[20] Acid soil (generally a pyrite-bearing material). In order to provide suitable conditions for growth of vegetation and to prevent the acidifying of drainage water with resultant damage and destruction to aquatic life in those areas underlain with acid formations with pH below 4.0, the following requirements shall be met:

[a] Grading shall be such that a minimum of acid formation shall be exposed.

[b] All exposed acid materials shall be covered with a minimum of 12 inches of suitable subsoil in addition to a minimum of five inches of topsoil which shall be sufficient to support a vegetative cover. Topsoil shall have an organic content as specified herein. The Planning Board Engineer may require the addition of lime to the remaining topsoil to support vegetative growth, in his discretion.

[c] Brooks and ditches with acid formation exposed shall be surfaced with trap rock or other suitable material to prevent water from flowing in contact with the acid material.

[d] Ponds with exposed underwater acid formation shall be treated with lime and phosphate as needed to establish a suitable pH, and provisions shall be made for neutralization maintenance as required.

[21] Interim slopes and temporary grading. In the removal of subsoil, the permit holder shall conduct the operations in such a manner so that there shall be no sharp downward slopes, pits or depressions. In order to eliminate dangerous slopes, faces and excavations which may create conditions harmful to the health, safety and welfare of the public, temporary grading and backfilling is required on a daily basis.

[22] Standards relating to production and processing.

[a] All mining operations shall be conducted in a manner not inconsistent with the rehabilitation plan and in such a manner that the objectives of the plan may be realized after the sand and gravel have been removed.

[b] If overburden is stockpiled in either windrows or concentrated piles, it shall be stabilized in a manner so that it does not become a source of dust and dirt to adjacent property owners. Topsoil, when practicable, shall be stockpiled separately from the rest of the overburden.

[c] No operation shall accumulate or discharge beyond the property lines any waste matter in violation of the applicable standards of the New Jersey State Department of Health.

[23] Standards relating to land restoration.

[a] The parties to the permit for extraction mining, including any applicant, owner or operator are responsible for the rehabilitation of the area is substantial compliance with the restoration plan on file with the Township Planning Board.

[b] Dry pit restoration. The dry pit may be backfilled with sand, gravel, overburden, topsoil or other non-noxious, nonflammable, noncombustible solids. For excavations backfilled and restored, the following requirements shall be met:

[i] The graded or backfilled area shall not permit stagnant water to collect or remain therein.

[ii] The finished topography and surface of the area shall be in such a manner as to not be uncomplimentary with the surrounding area and shall be consistent with the finished topography and surface of adjacent lands and area to all practicable extent.

[iii] The finished final condition of the area shall be in substantial compliance with the restoration plan.

[iv] Topsoil shall be restored in approximately the same quality and quantity as existed at the time the resource extraction operation was initiated. Drainage flows, including direction and volume, shall be restored to the maximum extent practical to those flows existing at the time the resource extraction operation was initiated, but in no case shall the finished final condition of the area permit stagnant water to collect.

[v] Any sedimentary pond or stormwater management basin created by the resource extraction operation shall be restored to the maximum extent practical to the conditions existing at the time the resource extraction operation was initiated and in accord with the restoration plan.

[vi] All equipment, machinery and structures, except for structures that are usable for any other use authorized for the area, shall be removed within six months after the resource extraction operation is terminated and restoration is completed.

[24] Hours of operation. Unless modified by the Planning Board, no land mining, earth and resource extraction operations pursuant to this section shall be conducted before 6:00 a.m. nor after 4:30 p.m. Monday through Friday, nor before 7:00 a.m. nor after 1:00 p.m. on Saturdays. There shall be no operations of any kind on Sundays or on the following holidays: New Year's Day, Memorial Day, July 4th, Labor Day, Thanksgiving Day and Christmas Day.

(5) Inspections.

(a) The owner and operator of a resource extraction operation shall permit a minimum of two inspections per year of the premises by the official charged with enforcement of this section for the purpose of determining whether or not the owner and operator is in full compliance with its permit as well as full compliance with all applicable ordinances, statutes, and relevant administrative rules and regulations. At least four days prior to conducting said inspection, the official charged with enforcement shall provide the owner and operator with written notice of their intent to conduct inspection. Said inspections of the premises shall be permitted at any reasonable time by such person or persons assigned to conduct such inspections. Such inspections may include the depth of the pit, area already mined and extent to which area not being mined is being reclaimed and/or stabilized. The owner and operator shall pay any cost thereof, which costs shall be included as part of the escrow fee which is deposited with the Township or as guaranteed by a letter of credit.

(b) The inspector shall issue an inspection report, in writing, to both the Planning Board and to the owner and operator within 20 days of any inspection pursuant to Subsection D(5)(a) above, and may, identify any conditions requiring correction and abatement. The inspector shall provide a copy of the inspection report to Township Committee. Upon receipt, the Township Committee may take such action as it deems appropriate to cure the violation and/or suspend or revoke the resource extraction permit.

§ 405-43 Seasonal agricultural employee housing.

[Amended 9-1-1988 by Ord. No. 316]

Seasonal agricultural employee housing may be constructed only in connection with an ongoing agricultural operation wherein the residents of such housing shall be employed. Such housing shall be designed, constructed and utilized for habitation during the growing season and shall not be occupied or utilized on a year-round basis. All such housing shall conform to the following provisions:

A. All housing shall be located on lands not classified as Class I or Class II agricultural soils as delineated by the United States Natural Resources Conservation Service.

B. Housing shall have direct access to a public roadway, and any access roadway or driveway shall be constructed and maintained in a safe, sufficient manner to enable vehicles, including emergency vehicles, to reach said housing. Areas shall be provided for the parking of vehicles owned by residents of said housing in close proximity thereto.

C. Any housing of agricultural employees on a year-round basis, other than a single-family home occupied by a single family, shall be considered a boardinghouse or dormitory and shall require site plan review as set forth in § 405-104 of this chapter.

§ 405-44 Mobile homes and trailers.

[Amended 3-2-1989 by Ord No. 328; 4-27-1989 by Ord. No. 330; 12-19-1991 by Ord. No. 381]

Storage, placement and use of mobile homes and travel trailers or recreational vehicles shall be in accordance with the provisions of this section.

A. Temporary use:

(1) Temporary use of one mobile home structure for an office, tool, equipment or materials storage or as quarters for a watchman, as an accessory use to a permitted construction project on the same lot therewith for a period to be set forth on the permit therefor and as determined by the approving authority, shall be permitted. The period of such use shall not exceed 60 days from the date of issuance of a certificate of occupancy for the structure or use under construction. In no case shall the permit for said temporary use exceed 18 months.

(2) Temporary residential use of one mobile home or recreational vehicle by the owner(s) of a permitted residential structure under construction on property of at least one acre in size and as an accessory use to said permitted residential construction, provided that:

(a) Proper and adequate provision is made for sanitary waste disposal and potable water supply wherein no health hazard is created.

(b) The temporary connection of any such mobile home or recreational vehicle to any public utility meets all Uniform Construction Codes and subcodes or other applicable regulations as required to safeguard public health and safety.

(c) Said use shall be by permit and for a period to begin with the start of construction (as opposed to the issuance of a building permit) and ending with the issuance of a certificate of occupancy or six months from the date of the issuance of the temporary permit, whichever shall occur first.

(d) Said use shall be temporary and in no case permitted to continue after the cessation of construction on the residential structure, it being the intent of this subsection to permit property owners to safeguard and watch over the construction to prevent theft and vandalism thereto. No actions which attempt to make permanent the placement of any mobile home or recreational vehicle on the site, such as installation of a foundation, separate septic system or similar action, shall be permitted.

(e) Any mobile home or recreational vehicle so used shall be disconnected from any public utility, including electric, gas, water or sewer, and the mobile home or recreational vehicle removed from the site at termination of the said permit.

(3) Temporary use of one mobile home on a lot where an existing residential structure has been destroyed by fire, natural disaster, explosion or similar catastrophe, and only when occupied by the owner of the said destroyed residential structure, while a new residential structure is being constructed. Said use shall be for six months and shall only begin with the start of said construction. Said permitted temporary use may be extended not more than an additional six months (total period of time: one year) by the Planning Board wherein it can be reasonably demonstrated that actual construction has been delayed. Said temporary use of a trailer shall cease and the mobile home shall cease to be occupied and shall be removed from the property involved within one month of the date of issuance of a certificate of occupancy for the new residential structure.

[Amended 12-30-2009 by Ord. No. 649]

(4) A zoning permit shall be required for any such temporary use of a mobile home or recreational vehicle as provided for hereinabove. No mobile home or trailer utilized in accordance with the provisions of this subsection shall be placed upon a permanent foundation or shall be in any other way placed, installed or attached to another structure which would make the said mobile home's or trailer's removal from the site impossible or otherwise unnecessarily difficult.

B. Storage of a mobile home or recreational vehicle.

(1) Permanent storage of one unoccupied mobile home on a lot, only when entirely enclosed within a permitted principal or accessory structure, shall be permitted.

(2) Travel trailers, including mobile homes used for recreational purposes, may be stored on the property of their owner and shall be considered as an accessory use and be subject to the standards set forth in the Schedule of District Regulations[1] for accessory uses in the district in which said travel trailer or recreational mobile home is to be stored. No travel trailer or recreational mobile home shall be occupied or used as a dwelling place or for the conduct of any business, except if a zoning permit has been issued as provided for in Subsection A hereinabove.

[1] Editor's Note: The Schedule of District Regulations is included at the end of this chapter.

C. Temporary use of a highway trailer.

(1) Temporary use of one highway trailer at a construction site for the storage of construction or building materials or the contents of a structure being reconstructed or renovated or as a workshop containing tools and machinery used in connection with construction shall be permitted upon issuance of a permit from the Zoning Officer.

(2) Such use of a trailer shall only be permitted on sites where a building permit has been issued and shall be valid as long as said building permit remains valid. The use of the trailer shall cease and the trailer removed from the site:

(a) Prior to the issuance of a certificate of occupancy for the structure or use for which the building permit had been issued;

(b) If construction, reconstruction or renovation work ceases for more than 30 days; or

(c) When the Zoning Officer determines use of the trailer is causing a threat to public health, safety or welfare, including creating a nuisance to surrounding properties due to noise, emissions or the accumulation of trash or debris.

(3) In cases where construction involves multiple properties or structures in the same ownership, location of a storage trailer on a property other than the one whereon construction is taking place may be permitted.

(4) Any trailer used for temporary storage as provided in this section shall be located on the property:

(a) In a safe and secure manner;

(b) Not closer than 20 feet to any principal or inhabited structure located on an adjoining property; or

(c) So as not to block vision for any vehicle using a driveway or street on or adjoining the property where said trailer is located.

(5) A trailer used for such temporary storage shall at all times be kept clean and free of debris or waste material and kept secure from entry by all unauthorized persons.

§ 405-45 Motels and hotels.

[Added 9-1-1988 by Ord. No. 316]

Motels and hotels shall be permitted as provided in the Schedule of District Regulations[1] and shall comply with the following conditions:

A. In addition to sleeping units, a motel or hotel may contain as an accessory use restaurant(s), cocktail lounge(s), meeting or conference room(s), swimming pool(s), a health club, cabanas, a barbershop, beauty shop, newsstand, shops for the retail sale of goods, including tobacco, sundries, drugs, clothing, gifts, stationery, greeting cards and similar merchandise; provided, however, that such shops are sized and primarily geared to serving the needs of guests of the motel or hotel. With the exception of swimming pools and cabanas, all such accessory uses shall be within the principal building or structurally attached thereto and shall be primarily designed for the use and enjoyment of guests of the motel or hotel. The Planning Board may stipulate limitations on the size of such accessory uses in order to assure compliance with this stated intent. No food or refreshments shall be sold, vended or served through any opening of any building or part of any building. The complete transaction and delivery of food or refreshment shall be conducted within the principal building.

B. The maximum gross density of any motel or hotel development shall be based upon one motel unit per 2,500 square feet of gross land area for the site involved. Not less than 20% of the site involved shall be maintained in open space free of parking areas, driveways and structures, except recreational facilities such as swimming pools, tennis courts, playgrounds or the like.

C. The minimum floor area of a sleeping unit shall be 270 square feet.

D. All motels and hotels shall comply with the following special design requirements:

(1) Every building containing sleeping units on or above a second story shall be equipped with one or more elevators.

(2) Sufficient laundry, drying, garbage pickup and other utility areas shall be provided and shall be so located with consideration to both convenience and to minimizing the detrimental effect on the aesthetic character of the development and its surroundings and shall be enclosed and shielded from view by fencing or walls with shrubbery of at least six feet in height around the perimeter thereof. Fencing and walls shall not be more than 15% open on the vertical surface.

(3) A buffer strip of 10 feet in depth, free of any improvements other than access driveway entrances or exits, plantings and landscaping and permitted signs, shall be maintained along all property lines except those property lines coexistent with the street right-of-way lines. Said buffer area width shall be increased to 20 feet along any property line adjacent to a residential zoning district or property used for residential purposes.

(4) All motel or hotel developments shall be served by an approved sanitary sewer and water supply system as required by this chapter and other ordinances and regulations of the Township of Upper Deerfield. In terms of water supply, sufficient supply shall be provided for fire suppression as deemed necessary by the local fire officials.

(5) All motel and hotel developments shall be suitably landscaped with a liberal and functional landscaping plan or scheme. Interior roads, parking areas and pedestrian walks shall be provided with shade trees which are of an appropriate size and character to afford shade as intended within a reasonable period of time from their planting. Open space adjacent to buildings and walls between buildings and border strips along the side of pedestrian walks shall be graded and seeded to provide a thick stand of grass or other plant material. Approaches to dwelling structures and entrance areas shall also be suitably landscaped. All other areas not used for buildings, terraces, drives and parking areas shall be seeded or landscaped and shall be kept in an attractive condition.

(6) Interior development roads, parking areas, entranceways and pedestrian walks shall be provided with sufficient illumination to minimize hazards to pedestrians and motor vehicles utilizing the same and shall, where necessary, be shielded to avoid disturbing glares to occupants of buildings or adjoining properties. Lighting shall be so arranged as to reflect away from any adjoining properties.

(7) All swimming pools shall be constructed in accordance with § 405-32 of this chapter.

(8) No building containing sleeping units shall be closer than 10 feet from any proposed interior driveway nor closer than 10 feet from any proposed parking area.

(9) Driveways shall not be less than 20 feet nor more than 36 feet in width as measured at the property line. Driveways must be at least 10 feet from any side lot line.

(10) The entire area of the site traveled or used for parking by motor vehicles shall be hard surfaced with cement or macadam.

[1] Editor's Note: The Schedule of District Regulations is included at the end of this chapter.

§ 405-46 Parochial and private schools.

[Amended 9-1-1988 by Ord. No. 316]

Parochial and private schools, including nursery or preschool facilities, shall be permitted as provided in the Schedule of District Regulations[1] in accordance with the following conditions:

A. Such schools shall have appropriate licensing or recognition by the New Jersey Department of Education and have their curriculum approved by it.

B. The minimum lot area of any such school shall be increased by one additional acre for every 100 pupils or fraction thereof that the school is designed to serve. The minimum lot area for an intermediate school, high school or institution of higher learning shall be 10 acres, plus one acre for each 100 pupils or fraction thereof to be served or capable of being served.

C. The minimum street frontage for an elementary school shall be 500 feet, and the minimum frontage for all other schools shall be 700 feet.

D. No parking or play area shall be permitted within 50 feet of any street or property line.

E. Off-street parking requirements shall be the same as those set forth in § 405-27A(4) through (7), as applicable; provided, however, that off-street parking requirements may be increased if, in the considered judgment of the Planning Board, such considerations as the unavailability of bus service, the distances from centers of population or a relatively high percentage of pupils drive their own cars make such increased requirements necessary and desirable. In the case of nursery and/or preschool facilities, the off-street parking requirements shall be the same as those for a kindergarten in addition to sufficient spaces being provided for the pickup and delivery of babies and preschoolers.

F. No driveways shall open onto a public street or road within 150 feet of any intersection of such street or road with another public street or road. In determining the suitability of proposed or existing driveways upon the site, the Planning Board shall consider such factors as grade and site clearance, the number and pattern of driveways, the number, location and design of ingress and egress points, the volume of traffic which may be anticipated on the site and upon adjoining roads and the condition and width of the pavement of adjoining roads.

G. Illumination for night athletic activities, parking areas, driveways or other areas shall be shielded from view from adjoining streets and residential areas.

H. Suitable recreational areas shall be provided for use of students of the school if the school is intended for high school level or less students.

I. In the case of a nursery and/or preschool facility, the following shall apply:

(1) When such a facility is located adjacent to an arterial roadway, as classified in the Township Master Plan, or a nonresidential or agricultural zoning district, a buffer area at least 20 feet wide shall be established adjacent to such arterial roadway and/or nonresidential zoning district boundary. Such buffer area shall include a berm and landscaping sufficient to provide a visual and noise buffer between the facility and its accessory uses and the arterial roadway and/or the adjoining nonresidential or agricultural zoning district.

(2) Play areas shall be entirely fenced with four-foot-high fencing with self-latching gates.

(3) No such use shall be operated or occupied during the hours of 7:00 p.m. to 6:00 a.m.

(4) Use of such facilities, their buildings or grounds for other than a nursery or preschool facility shall be prohibited unless and until a variance is granted by the Planning Board and a site plan has been reviewed and approved for such activity or use(s).

[Amended 12-30-2009 by Ord. No. 649]

(5) All play areas shall be located outside of all minimum yard areas and subject to the provisions of § 405-14C of this chapter.

[1] Editor's Note: The Schedule of District Regulations is included at the end of this chapter.

§ 405-47 Planned commercial centers.

A. Planned commercial centers shall be classified as one of the following:

(1) Neighborhood centers or convenience centers encompassing not less than three nor more than 10 acres and designed to provide for sale of convenience goods (food, drugs and sundries) and personal services (cleaning, photo development and medical or dental offices).

(2) Community centers involving 10 acres or more and/or 100,000 to 300,000 square feet of gross floor area, including a variety, discount or junior department store.

(3) Regional shopping center encompassing between 30 and 50 acres or more and one or more full-line department stores of 100,000 square feet of gross leasable area (GLA).

B. The following standards shall apply to planned commercial centers:

(1) Any planned commercial center shall be designed as a unified whole with harmony of design and architecture.

(2) No more than 30% of the lot area shall be occupied by principal uses nor more than 5% by permitted accessory uses, except for parking and loading areas; and if the center consists of more than one building, they shall be separated by not less than 15 feet.

(3) All planned commercial centers shall abut and have their principal access onto collector or arterial roads.

(4) Not more than 30% of the lot area shall be occupied by principal uses or structures nor more than 5% by accessory uses or structures, excluding parking and loading areas. The minimum setback for any planned commercial center from any roadway shall be 30 feet. If the center consists of more than one structure, they shall be separated by not less than 15 feet.

(5) A minimum of 2.5 square feet of automobile parking space shall be provided for each square foot of gross floor area devoted to sales and/or patron use. In addition, adequate areas shall be provided for the loading and unloading of delivery trucks and other vehicles as specified elsewhere in this chapter, for the provision of vehicle entry and access drives and for the provision of required landscaped areas and pedestrian walkways. All of the above-described areas, except landscaped areas and conventionally paved entrance drives and pedestrian walkways, shall be surfaced with an approved type of porous paving and graded and drained to adequately dispose of any additional surface water that might accumulate on the site.

(6) Landscaped and planted areas providing adequate screening shall occupy a space at least 20 feet in width between parking areas and adjoining road right-of-way lines or property lines abutting a residential district or residentially used property, and a space 10 feet in width separating each double-tiered parking bay. Parking and buffered areas shall be designed and landscaped as provided in § 405-62.

(7) All planned commercial centers shall provide the following:

(a) Areas and facilities for the collection of solid waste.

(b) Fire zones designed to facilitate easy access to structures for emergency vehicles. Such zones shall be approved by the appropriate local fire official.

(c) Structure and property illumination designed to protect adjoining properties and streets from direct glare.

(d) Screening so as to protect adjoining properties and roadways from direct glare from vehicles and blowing debris.

(e) On-site retention of surface drainage whenever possible.

(f) Adequate parking and loading areas and pedestrian walkways.

(g) Signs and driveways shall conform to the standards of Article IX with the exception that access to and from the property involved shall be limited to the least number of driveways sufficient to provide safe and efficient movement of traffic to and from the site.

(8) The maximum heights permitted, excluding signs, shall be:

(a) Neighborhood center: 35 feet.

(b) Community center: 50 feet.

(c) Regional center: 50 feet.

(9) In neighborhood centers, residential units may be permitted when approved by the Planning Board, provided that they meet the following standards:

(a) Residential units shall be located above commercial uses and secondary uses to them and shall be occupied by the owner, manager or employee of said commercial uses.

(b) Adequate parking facilities shall be provided for residential units.

(c) Residential units are not less than 900 square feet.

(d) Not more than one residential use is permitted for each commercial use permitted, and total residential units shall not exceed eight.

(e) No commercial sign shall be attached to, overhang or obstruct the vision of a residential unit or be located in whole or part on the same level as any residential unit(s).

(10) No neighborhood commercial center shall be permitted adjacent to an existing neighborhood center. In connection with all planned commercial centers, the Planning Board may require a marketing analysis in order to determine whether the proposed center will meet an existing need. It shall be the responsibility of the applicant to demonstrate the need for the proposed commercial center and reasonably justify its establishment.

C. Small business and storage complexes. Within any GI Industry or B-2 Business Zoning District, small business and storage complexes may be established subject to the following:

[Added 9-1-1988 by Ord. No. 316]

(1) Permitted uses.

(a) The following uses are permitted within such a complex:

[1] Warehousing and storage facilities, provided that outdoor storage shall not be permitted unless in conjunction with a use being carried out in a structure located on the lot or tract of land whereon said structure is located, and not more than 500 square feet of an area shall be utilized for such outdoor storage. The storage of vehicles utilized in the use or travel trailers allowed to be stored as part of a mini storage operation shall be excluded from said restriction on outdoor storage outlined herein.

[2] Service business operations such as plumbing or electrical contractors, products assembly, wholesale and distribution operations, professional or business offices, mini banks providing general banking services and similar activities.

[3] Similar business, distribution, warehousing or storage, office or light industrial uses and activities.

(b) The Planning Board may, where deemed appropriate and reasonable, deny a permit for a given use found to be not in keeping with the intent of this section because the intensity of the use or its effect upon the environment, area, adjoining properties or the complex itself is detrimental or otherwise adversely affects said items. The emission of fumes or waste, the need for special equipment or facilities to handle said emissions or to permit the use to be carried out, the volume and intensity of traffic generated by the proposed use or the size of the operation and use shall be reasons for denying permission for a given use to be located in such a facility.

(2) Such complexes shall be planned and developed as a whole on minimum lots or tracts of 10 acres. All uses shall be located on a lot or tract of land being not less than one acre in a GI General Industry Zoning District and not less than 1/2 acre in a B-2 Business Zoning District. Such lots or tracts, regardless of ownership, shall front upon an improved street or private road conforming to the standards contained in this chapter and the adopted Township Master Plan.

(3) Each use or structure shall be located on a separate lot or tract and shall be subject to site plan review as set forth in § 405-69 herein. Minimum setback requirements shall be set by the Planning Board upon approval of the proposed complex, and the Planning Board shall be guided by the standards set forth in the Schedule of District Regulations[1] for the zoning district in which said complex is to be located. It is the intent of this use and section to provide flexibility for design in order to accommodate small, relatively new businesses in a planned environment.

[1] Editor's Note: The Schedule of District Regulations is included at the end of this chapter.

(4) All such complexes and each use therein shall be served by public sanitary sewer and water.

(5) There shall be no display of products visible from any street or private access road. Such complex shall be permitted one freestanding sign located at the main entrance from any public roadway. Said sign shall not exceed eight feet in height nor an area of greater than 200 square feet and may be illuminated. In addition, each use within the complex may have one attached sign located on its main structure, provided that said sign does not exceed 5% of the front facade of said structure. Direction signs not exceeding four square feet shall be permitted. All such signs shall maintain a uniformity of design within the complex and shall in all other respects be subject to the provisions of § 405-31 of this chapter.

[Amended 9-20-2007 by Ord. No. 594]

(6) In the event that individual lots and/or structures are sold to separate persons from the owners of the complex, deed restrictions or covenants shall be required to maintain the planned nature of the complex and the provisions of this section.

(7) Adequate parking and loading facilities shall be provided for each use within any such complex as provided in §§ 405-27 and 405-28 of this chapter.

(8) Adequate screening shall be provided between uses and adjoining properties not a part of the complex.

(9) Except in the case of a public mini storage facility, no use within such a complex shall be permitted to have as an accessory use a residential unit for use, regardless of the relationship of the proposed resident of said unit to the use involved.

(10) An applicant for approval of such a complex need not obtain subdivision approval prior to the creation of new lots, regardless of how this is accomplished, in order to gain conditional use and site plan approval of a proposed complex. The complex shall be considered as a whole until such time as subdivision approval is applied for and granted. The approval of such a complex shall not in any way indicate subdivision approval or authorize the transfer of the ownership of land prior to said subdivision approval, which approval shall be subject to all requirements of this chapter.

§ 405-48 Poultry or turkey farms.

A. All applications for turkey or poultry farms or the raising and breeding of same shall be accompanied by a written opinion of the County Agricultural Agent concerning possible nuisance characteristics and measures for adequately dealing with them, which shall be reviewed by the Planning Board and, where deemed applicable, made conditions of approval. In addition to the plan detail requirements for site plan review, any application for said use shall set forth the purpose of the operation, the manner in which birds will be housed, methods for recycling or disposing of manure, the number of birds to be kept in relation to the size of the parcel, all building or range areas, property line setbacks and, in the case of poultry if birds are to be kept outdoors, proposals for regular rotation and cropping of range areas including schedules.

B. Any turkey or poultry farm must meet the following conditions:

(1) Turkeys are to be raised only inside entirely enclosed buildings.

(2) Minimum parcel size shall be 10 acres when birds are to be outside.

(3) Surface runoff from range areas shall be retained on site.

§ 405-49 Private clubs, golf courses, lodges and social buildings.

[Added 9-1-1988 by Ord. No. 316]

Private clubs, golf courses, lodges and social buildings shall be permitted as set forth in the Schedule of District Regulations[1] and in accordance with the following conditions:

A. The minimum lot size of any tract proposed for such a use shall be one acre or large enough to accommodate the use intended, such as, in the case of a golf course, the course, clubhouse, parking areas and other attendant facilities or land area.

B. In addition to the application procedures set forth in Article XI of this chapter, an applicant for a conditional use permit for a private club, golf course, lodge or social building shall file with the Planning Board a statement setting forth full particulars on the operation and use of said facility; a copy of the organization's articles of incorporation, if a corporation; or trade name certificate, which is required to be filed under Title 56 of the New Jersey Revised Statutes. In addition, the Planning Board may, in any case, require that the names and addresses of all charter members be furnished.

C. The proposed use must be a bona fide nonprofit organization operated solely for recreation and the enjoyment of the members of said organization and their guests.

D. The proposed use in the proposed location shall not adversely affect the safe, comfortable enjoyment of properties in the neighborhood. The design of any structures erected in connection with such a use shall be in keeping with the general character of the neighborhood and area; and sufficient landscaping, including trees, shrubs and lawn or ground cover, shall be provided to serve as a buffer between said use and adjoining properties and to ensure an attractive appearance for said use.

E. All off-street parking within 30 feet of any property line shall be adequately screened from adjacent properties, and all lighting shall be shielded to prevent glare onto adjoining properties.

F. Any residential uses proposed in connection with a private club or golf course shall be regulated in accordance with all applicable standards and regulations for such uses as contained in this chapter in addition to the provisions of this section.

[1] Editor's Note: The Schedule of District Regulations is included at the end of this chapter.

§ 405-50 Professional office centers.

[Added 9-1-1988 by Ord. No. 316]

Professional office centers may be established in accordance with the provisions of the Schedule of District Regulations[1] and subject to the following:

A. Any such center shall be designed as a whole or complete complex with all structures or units having a uniformity of design and bearing architectural and aesthetic relationship to each other when more than one structure is proposed.

B. The minimum tract size for any such center shall be not less than two acres, and the maximum height of any structure within such a complex shall not exceed 35 feet. Maximum lot coverage shall be 70%.

C. Such centers may provide office space to insurance companies, banks, financial institutions, businesses and industries, professional corporations, partnerships or individuals, including but not limited to lawyers, doctors, dentists, architects, land surveyors, engineers, planners or other recognized professions, brokerage firms, real estate firms or other companies, firms or operations requiring office space.

D. In addition to providing office space for such uses as those set forth in Subsection C hereinabove, space may be also provided for such accessory uses to the offices of said uses as follows: radiology or medical laboratories intended to serve the needs of the patients of doctors or dentists having office space within the complex, eyewear sales and repair, newsstands, a restaurant or food takeout service designed and sized to primarily serve the needs of the complex's occupants and patrons, a drugstore, office supply store, reproduction or copy center and such other uses as found to be incidental and customarily accessory to the offices located with such a center. The size and location of such accessory uses shall be determined by the Planning Board, and such uses shall be designed primarily to serve the needs of the center's occupants and patrons and not the general public. All such accessory uses shall, however, when permitted, conform to all standards set forth in this chapter related to the type of use proposed.

E. The parking and loading areas, common grounds or yard area of other common facilities shall be held in common ownership either by the owner of the center or by tenants or an owners' association responsible for its upkeep and maintenance. Such association's bylaws, articles of incorporation and other pertinent documents shall be subject to review and approval by the Planning Board as would a homeowners' association in the case of a residential development. Such organization shall be subject to the same requirements as set forth in § 405-62A(14) of this chapter.

F. No residential use shall be permitted in connection with a professional office complex.

G. All office complexes or centers having offices on a second floor or higher shall have at least one elevator per structure.

H. Parking and loading facilities required in connection with a professional or business center shall be determined by the total number of office units available and type of uses said units will serve.

I. All such centers shall be suitably landscaped, and all parking areas and pedestrian walkways shall be well lighted. When located along an arterial and/or major collector roadway, as identified in the Township's adopted Master Plan, parking area shall not be located, to the greatest extent possible, between said center's structures and the street right-of-way lines of any such arterial and/or major collector roadway.

J. In determining whether or not to permit the development of such a center, the Planning Board shall be guided by the number of existing office spaces available in the area and the cost of said space in order to determine if a need for such space exists. The developer may be required to submit a needs survey and report or market analysis in order to justify such a center, and failure to reasonably so justify shall be cause for rejection of the application.

K. Said centers shall be located only if the site for which they are proposed has frontage upon a collector or arterial street.

L. Not more than 25% of the total floor area of any such professional office or business center shall be occupied by nonoffice uses at any one time, nor shall more than 50% of the ground floor of any structure within the center be occupied by nonoffice uses. This requirement is intended to assure that said center remains a business and/or professional office center and not a shopping center or retail business complex. In addition, the display of products from any structure in a center shall be primarily aimed at persons walking alongside of said structure and visible or designed to attract the attention of persons traveling along adjacent roadways.

[1] Editor's Note: The Schedule of District Regulations is included at the end of this chapter.

§ 405-51 Public utility installations.

Public utility installations, other than essential services, shall be permitted, provided that the following standards shall be satisfied:

A. Any application for such use shall include a statement setting forth the need and purpose of the installation.

B. Proof shall be furnished to the appropriate approval authority that the proposed installation in the location specified is necessary for the convenient and efficient operation of the public utility involved and for the satisfactory and convenient provision of service by the utility to the neighborhood or area in which the particular use is to be located.

C. The design of any building in connection with such facility shall conform to the general character of the area in which it is proposed to be located.

D. The applicant shall demonstrate that the proposed use will in no way adversely affect the safe and comfortable enjoyment of neighboring properties. Adequate and attractive fences and other screening devices shall be described and shown on the plan for the proposed use. Appropriate landscaping, including trees, shrubs and lawn areas, shall also be provided.

E. As a prerequisite for filing application for a public utility installation, said utility shall have filed with the Municipal Clerk a map currently indicating the location of existing and proposed structures within the municipality. All public utility installations shall be in conformity with the National Electric Safety Code as well as performance standards contained in this chapter.

§ 405-52 Roadside stands.

[Amended 9-1-1988 by Ord. No. 316]

Roadside stands for the sale of farm, truck gardening, nursery gardening and greenhouse produce may be established subject to the following conditions:

A. No roadside stand shall be permitted on an arterial roadway, as classified in the Township Master Plan, unless said stand is located in compliance with the maximum setback requirements for principal uses for the zone district in which said stand is to be located.

B. There shall be only one entrance and one exit from the roadway upon which said use fronts.

C. No display of goods shall be permitted closer than 10 feet to a road right-of-way line or 30 feet to an adjoining property line.

D. No structure or parking areas to be used or required in connection with such a use shall be located within a required front yard area for the principal use of the property involved.

E. Parking and signs shall comply with the requirements contained in this chapter.

F. The sale of live animals or poultry shall be prohibited.

§ 405-53 Rural residences.

[Amended 9-1-1988 by Ord. No. 316; 1-19-1996 by Ord. No. 449]

It is the intent of this section to permit the use of land currently zoned for agricultural use for residential purposes when it can be reasonably demonstrated that the lands involved are not suited to agricultural use and are needed to provide housing for a member or employee of the farm on which said lands are a part. The subdivision of such lands and development thereon of a single-family residential dwelling may be permitted only in accordance with the following conditions:

A. Any parcel to be used for a rural residence shall be a minimum of one acre in size.

B. The land to be utilized is not classified as prime farmland, as defined by the Natural Resources Conservation Service of the United States Department of Agriculture. The basis for determining the boundaries of soil classification defined as Class I, II and III agricultural soils by the Natural Resources Conservation Service shall be the Soil Survey of Cumberland County, dated April 1978, and as updated and supplemented from time to time. An applicant may submit other acceptable soil survey material which is more site-specific, i.e., the specific mapping of a site using Natural Resources Conservation Service soil classifications.

C. The creation of a rural residence lot is for the construction of a residence for a member of the family of the farm owner or a person who is directly involved with or employed on the farm where the lot is to be created.

D. Not more than one such rural residences shall be permitted within a five-year period, regardless of the ownership of the land in question.

E. The rural residence lot to be created will be located on a public road, and no new road shall be constructed in connection with the rural residence lot creation.

F. The yard and setback requirements for a residence when an accessory use to a farm and as set forth in the Schedule of District Regulations[1] shall apply to a rural residence along with all other applicable sections of this chapter, including § 405-69, Subdivision and site plan review.

[1] Editor's Note: The Schedule of District Regulations is included at the end of this chapter.

§ 405-54 School bus shelters.

[Added 9-1-1988 by Ord. No. 316]

School bus shelters may be located as provided in the Schedule of District Regulations[1] and according to the following conditions:

A. An applicant may submit, with a single application, a proposal for the location of more than one location in more than one zone.

B. Proof shall be furnished to the Planning Board by the applicant that the Board of Education has approved said locations, and any locations proposed to be situated within a public right-of-way shall have been approved by the appropriate authority having jurisdiction over such use of public rights-of-way.

C. No shelter may exceed 10 feet in height or 200 square feet in floor area.

D. In residential zones, all signs attached to the structure shall be designed to read from within said structure, shall not exceed two in number and shall not exceed a total of 20 square feet in area. In nonresidential zones, such signs shall not exceed four in number and shall not exceed a total of 40 square feet in area.

E. The Planning Board may reduce or waive all yard area and setback requirements in granting approval for school bus shelters.

F. The posting of a performance guaranty as per the provisions of Article X of this chapter may be required to assure the maintenance of a school bus shelter.

[1] Editor's Note: The Schedule of District Regulations is included at the end of this chapter.

§ 405-55 Townhouses, multifamily dwellings and senior housing.

[Amended 4-27-1989 by Ord. No. 330; 5-5-2005 by Ord. No. 554; 9-5-2019 by Ord. No. 810]

Townhouse or multifamily dwelling projects shall be permitted when, besides complying with the provisions of this section and the Schedule of District Regulations, the proposed project meets an affordable housing obligation as identified in the current adopted Housing Element and Fair Share Plan or other otherwise in the Land Use Plan Element of the Master Plan. All such projects shall comply with the following:

A. Gross density for any townhouse, multifamily dwellings and/or senior housing development shall not exceed four units per acre, unless the development is 100% affordable or inclusionary development as defined in Chapter 108. 100% affordable or inclusionary development shall be permitted a gross density of six units per acre.

B. The maximum and minimum building standards as set forth in the Schedule of District Regulations[1] shall apply to any such development.

[1] Editor's Note: Said schedule is on file in the Township offices.

C. Primary site requirements.

(1) No block or grouping of townhouses and multifamily dwellings shall be closer than 35 feet to any other block or grouping, except for fee simple lots where other standards may apply (see Schedule of District Regulations or operative redevelopment plan as applicable).

(2) Building separation distances.

(a) In senior housing developments where townhouse and quadraplex dwellings are not intended or permitted to be on individual lots, the following building separation distances shall apply:

Requirement	Standard
Minimum distance from building front to building front	60 feet
Minimum distance from building front to building side	35 feet
Minimum distance from building front to building rear	60 feet
Minimum distance from building side to building rear	35 feet
Minimum distance from building rear to building rear	50 feet
Minimum distance from building side to building side	20 feet

(b) The front of a building shall be considered that portion of a facade facing the street, residential access driveway, or parking lot. The rear of a building shall be that facade of a building opposite the front of the building. The sides of the building constitute the other remaining facades of the building.

(3) No dwelling shall front upon an arterial or major collector street, as classified in the Township Master Plan.

(4) No building shall be closer than 30 feet to a tract boundary, excepting a guardhouse at the main entrance and no other structure shall be closer than 20 feet to a right-of-way.

(5) No parking space shall be closer than 12 feet to the building. This provision shall not be construed as to affect private parking in a residential dwelling driveway.

D. Each ground-floor dwelling unit shall be provided with a private yard area of not less than 500 square feet, which shall be screened by fencing, walls or shrubbery to a height of not less than six feet. Such fencing or screening requirements may be waived when decks, balconies or other suitable private, outdoor areas are provided.

E. Building design.

(1) A development under this section shall maintain a continuity, compatibility and harmony of design and construction throughout. For townhouse development, no less than four dwelling units nor more than eight shall be included in one continuous attached block or grouping of units, exclusive of covered walkways between groupings. Multifamily dwellings shall be limited to eight dwellings on any one floor. Variations in townhouse facades within groupings or blocks of townhouses shall be required unless horizontal or vertical shifts or offsets are provided. In any development under this section, street furniture, signs, lighting facilities and other common elements of the site shall be of similar and compatible design.

(2) Direction signs shall be permitted upon review and approval of the Zoning Officer, when said signs do not exceed six square feet in area and will not create a visual obstruction for motorists.

(3) Natural topography and existing trees shall be maintained whenever possible and incorporated into the project design.

F. Open space and recreation.

(1) A minimum of 20% of the total area of a townhouse, multifamily or senior housing project, but not including any open land consisting of dooryards, buffer strips, parking areas and street rights-of-way, shall be designated for common recreational purposes. A multifamily project containing 10 or less units wherein land adjoining the units is owned in common ownership, either by the project owner or a homeowners' association in accordance with § 405-62A(14), shall be exempt from providing 20% of the project in common open space or recreational area.

(2) Not more than 50% of the recreational area shall include one or more of the following: a floodplain, areas with a slope of greater than 10%, watercourses, freshwater wetlands or other areas unsuitable for recreational purposes due to environmental considerations.

(3) When required, however, no one recreational area shall be less than 10,000 square feet in area nor less than 100 feet in width at its narrowest dimension. All such areas shall be:

(a) Improved by the developer, including equipment facilities, walkways and landscaping. The Planning Board, in reviewing the plans, shall determine that the recreational area is suited to its intended use in terms of the environment and will meet the needs of the project's inhabitants as provided in § 405-38A(5).

(b) Maintained by the project owner or a homeowners' association in accordance with the provisions of § 405-62A(14). The provisions of § 405-38A(6) shall apply in the case of townhouse and multifamily projects.

(c) Designed so open space adjacent to buildings not surfaced shall be graded and seeded to provide a thick stand of grass or other ground cover material. Two suitable specimen trees and four evergreen shrubs, exclusive of those areas used in connection with parking or other areas, shall be provided for each dwelling unit. This requirement for trees shall only be waived or modified if the site upon which the project is to be constructed is wooded and found to have adequate trees standing which will remain after development and construction are completed. Any landscaping shall be subject to the approval of the Township Shade Tree Commission, or Planning Board when no Commission exists.

G. Buffers and common facilities.

(1) Perimeter buffer requirements. For any townhouse, multifamily and senior housing development, landscape buffers shall be required along the perimeter property lines and where residential building types change. In the development of the site, existing vegetation shall be retained which is of high quality and appropriate density. Where existing vegetation is unsuitable, it shall be augmented or replaced by new plantings in accordance with a landscape plan submitted to and approved by the board with jurisdiction over the application. The perimeter buffer shall be a minimum width of 20 feet and suitable for its function of site enhancement, screening, or control of climatic effects. The perimeter buffer may be planted within any required perimeter setback but shall not be included in any fee simple lot. The buffer shall be planted in accordance with the landscaping buffer standards of § 405-62(A)(4). Utility installations, stormwater management facilities, refuse collection facilities and parking areas shall not be located in the required buffer area and shall be suitably screened to avoid a visual or other nuisance.

(2) Where on-site sewage disposal facilities are found safe and approved by the appropriate health agencies, common use of such facilities shall be permitted.

(3) Street widths, parking, parking courts and similar facilities for vehicles shall meet the Residential Site Improvement Standards at N.J.A.C. 5:21-1 et seq.

H. Affordable housing. Any district containing the word "inclusionary" in its title or identified in the Housing Element and Fair Share Plan of the municipality as a site for affordable housing shall provide a minimum of 15% of total units when the tenure is for rent or lease and 20% of total units when the tenure is for sale (whether fee simple, condominium, cooperative or other horizontal property regime). Any such affordable housing shall comport with the requirements of Chapter 108 of the Code of the Township of Upper Deerfield.

§ 405-56 Renewable energy facilities.

[Added 11-19-2009 by Ord. No. 643]

Renewable energy facilities may be located, installed and operated as a conditional use in the General Industry District and the Eco-Industrial District, subject to the following:

A. The parcel shall be a minimum of 20 contiguous acres.

B. Renewable energy facilities shall not be permitted in a front yard.

C. Setbacks. Renewable energy facilities shall comply with the following minimum setback requirements:

(1) The minimum setback from an adjoining right-of-way-line based on the functional classification shall be as follows:

(a) Local roads: 100 feet.

(b) Collector road: 500 feet.

(c) Arterial road: 1,000 feet.

(2) The minimum setback from all other property lines shall be 100 feet.

(3) Wind turbines shall be set back from all property lines a minimum distance equal to the maximum height of the wind turbine as measured to the tip of the blade at its highest position plus 50 feet.

D. Renewable energy facilities, to the extent practical, shall be located so as to not be visible from the street. Installation of landscaping or other materials may be required to satisfy this screening requirement.

E. Renewable energy facilities shall not exceed the following heights:

(1) Solar panels: 15 feet.

(2) Wind turbines: 120 feet to the tip of the blade at its highest position.

F. Renewable energy facilities shall, based on their impervious surface area, be calculated as a percentage of lot coverage. The percentage of lot coverage attributable to renewable energy facilities shall not exceed 50%.

G. Renewable energy facilities shall be located to eliminate any nuisances to surrounding properties.

H. Renewable energy facilities shall not block, interfere or otherwise impair visibility at intersections, a scenic vista or view from an adjoining residential structure.

I. Abandonment.

(1) A renewable energy facility that is out of service for a continuous twelve-month period will be deemed to have been abandoned.

(2) The Zoning Officer may issue a notice of abandonment to the owner. The notice shall be sent via regular and certified mail, return receipt requested, to the owner of record.

(3) Abandoned renewable energy facilities shall be removed at the owner's sole expense within six months after the owner receives a notice of abandonment from the municipality. If the system is not removed within six months of receipt of notice from the Township notifying the owner of such abandonment, the Township may remove the system as set forth below.

(4) When an owner of a renewable energy facility has been notified to remove same and has not done so six months after receiving said notice, then the Township may remove such system and place a lien upon the property for the cost of the removal. If removed by the owner, a demolition permit shall be obtained and the facility shall be removed. Upon removal, the site shall be cleaned, restored and landscaped as required by the Township to blend with the existing surrounding area at the time of abandonment.

§ 405-57 Large-scale retail stores.

[Added 11-19-2009 by Ord. No. 643; amended 7-19-2012 by Ord. No. 693]

A. Large-scale retail stores shall be permitted as a conditional use within the districts specified, subject to the following:

(1) The parcel shall contain a minimum of 20 contiguous acres with 500 feet of frontage.

(2) The parcel shall have frontage and provide vehicular access to/from either an arterial road or a collector road.

(3) Front building setback from a collector road: 100 feet.

(4) Front building setback from an arterial road: 150 feet.

(5) Side building setback: 50 feet each.

(6) Rear building setback: 50 feet.

(7) Maximum building height: 2.5 stories; 35 feet.

(8) Maximum impervious coverage: 75%.

B. Large-scale retail store site plans shall be reviewed subject to the Upper Deerfield Redevelopment Area Design Guidelines dated November 9, 2005, as may be amended,[1] and the Planning Board shall have the power to review waivers from such guidelines in accordance with § 405-63.

[1] Editor's Note: See Ch. A430, Redevelopment Plan, Attachment 10.

§ 405-58 Yard sales.

[Amended 1-19-1996 by Ord. No. 449]

An owner or person in possession of a residential dwelling may hold a yard, tag or garage sale no more than three times in any calendar year. Any such sale shall not exceed two consecutive days, nor shall any such sale be held on consecutive weekends.[1]

[1] Editor's Note: Former Art. IX, Planned Development, as amended, which immediately followed this article, was repealed 6-16-2005 by Ord. No. 559.