[Ord. #99-09; Ord. #99-13; Ord. #2010-06, § 2; Ord. No. 2011-06, § 2; Ord. No. 2011-07, § 2; Ord. No. 2017-03 §§ 5, 6]
Before a construction permit or Certificate of Occupancy shall
be issued for any conditional use as permitted by this ordinance,
application shall be made to the Planning Board. The review by the
Planning Board of a conditional use shall include any required site
plan review pursuant to this ordinance. Public notice and a hearing
shall be required as stipulated in this ordinance.
A.
Public Utility Uses.
1.
For purposes of this ordinance, the term "public utility uses" shall
include such uses as telephone dial equipment centers, power substations
and other utilities serving the public, such as sewage treatment plants,
but shall exclude dumps and sanitary landfills.
2.
The proposed installation in a specific location must be reasonably
necessary for the satisfactory provision of service by the utility
to the neighborhood or area in which the particular use is located.
3.
The design of any building in connection with such facilities must
not adversely affect the safe, comfortable enjoyment of property rights
in the surrounding area.
4.
Adequate fences and other safety devices must be provided as may
be required. Fences, when used to enclose public utility facilities
such as electrical power substations, shall be built in accordance
with the applicable requirements of the New Jersey Board of Public
Utility Commissioners and the National Electrical Code in effect at
the time of the construction.
5.
Landscaping, including shrubs, trees and lawns, shall be provided
and maintained.
6.
Off-street parking shall be provided as determined by the Planning
Board during site plan review.
B.
Schools.
1.
For purposes of this ordinance, schools shall include public and
private day schools of elementary and/or high school grade licensed
by the State of New Jersey.
2.
Schools shall be permitted as a conditional use in the "AR-2," "AR-3,"
"AR-4" zones and shall meet the area and yard requirements set forth
in Section 402 of this ordinance.
3.
No building height shall exceed fifty-five feet (55') except as allowed
in Section 602.
4.
Schools shall provide one and one-quarter (l 1/4) parking space per
employee for grades kindergarten through tenth, two and one-half (2 1/2)
parking spaces per employee for grades eleven and twelve, and in all
cases sufficient space for school bus loading and unloading.
5.
Schools may have one (1) free-standing sign not exceeding twenty
(20) square feet in area, ten feet (10') in height and set back at
least twenty-five feet (25') from all street and property lines, plus
one attached sign not exceeding twenty-five (25) square feet.
6.
Athletic fields and other recreational facilities shall be set back
a minimum of fifty feet (50') from side and rear property lines.
7.
Where recreation facilities, or other facilities for active use adjoin
a residential district or use, a landscaped buffer area shall be provided
along the property line, to be approved by the Planning Board.
C.
Churches.
1.
For purposes of this ordinance, churches shall include commonly known,
recognized and long-established sects or denominations.
2.
Churches shall be permitted as a conditional use in the "AR-3" and
"AR-4" Agricultural Residential zones, and the "VN-1" and "VN-2" Village
Neighborhood zones, and shall meet the area and yard requirements
set forth in Section 402 of this ordinance.
3.
No building height shall exceed fifty-five feet (55') except as allowed
in Section 602.
4.
Churches shall provide one (1) parking space per every three (3)
permanent seats. One seat shall be considered equivalent to twenty-two
inches (22") in calculating the capacity of pews or benches.
5.
Churches may have one (1) free-standing sign not exceeding twenty
(20) square feet in area, ten feet (10') in height and set back at
least twenty-five feet (25') from all street and property lines plus
one (1) attached sign not exceeding twenty-five (25) square feet in
area.
6.
Churches may not be located on a road which serves primarily a "local"
function of providing access to abutting uses.
7.
Traffic movement generated by a church use shall not have a negative
or adverse impact on adjoining and nearby properties.
D.
Car Washes.
1.
Car washes shall be permitted as a Conditional Use in the "HC" Highway
Commercial zone and shall meet the area and yard requirements set
forth in Section 404 of this ordinance.
2.
All mechanical activities must be conducted within a totally enclosed
building.
3.
Off-street parking shall be provided in accordance with the following
schedule: Three access lanes for each mechanized car wash entrance
with each lane having a minimum capacity for twelve (12) vehicles;
one (1) separate space for each waxing, upholstery cleaning or similar
specialized service area; and one (1) space for every one employee.
All vehicle entrances shall be from the rear of the building and all
parked and waiting vehicles shall be accommodated on the lot.
4.
One (1) sign shall be permitted, either free-standing or attached,
not exceeding an area equivalent to five percent (5%) of the first
floor portion of the front facade or sixteen (16) square feet, whichever
is smaller. Free-standing signs shall be set back at least twenty-five
feet (25') from all street and lot lines and shall be a maximum of
twelve feet (12') in height.
5.
All of the other area, yard, building coverage, height, and general
requirements of the respective zone and other applicable requirements
of this ordinance must be met; specific attention shall be given to
the control of water discharge from the site.
E.
Motels.
1.
Motels shall be permitted as a Conditional Use in the "HC" Highway
Commercial zone and shall meet the area and yard requirements set
forth in Section 404 of this ordinance.
2.
Any motel that may be constructed on a lot or parcel of land must
contain a minimum of at least twenty (20) units of accommodation,
exclusive of, but in addition to, a permanent, on-site superintendent's
living quarters. The minimum number of units of accommodation in any
single building shall be ten (10).
3.
Each unit of accommodation shall contain a minimum floor area of
two hundred fifty (250) square feet. Ceilings shall be a minimum of
eight feet (8') in height.
4.
Each unit of accommodation shall include a minimum of two (2) rooms;
a bedroom and a separate bathroom. No more than twenty percent (20%)
of the units shall include cooking facilities within said unit.
5.
There shall be a residency limitation on all guests of thirty (30)
days maximum, provided that the residency limitation shall not apply
to an employee living on the premises.
6.
Off-street parking shall be provided at the ratio of one and one-quarter
(1.25) spaces per room.
7.
One sign shall be permitted, either free-standing or attached, not
exceeding an area equivalent to five percent (5%) of the first floor
portion of the front facade or sixteen (16) square feet, whichever
is smaller. Free-standing signs shall be set back at least twenty-five
feet (25') from all street and lot lines and shall be a maximum of
twelve feet (12') in height.
8.
All of the other area, yard, building coverage, height, and general
requirements of the respective zone and other applicable requirements
of this ordinance must be met.
F.
Service Stations and Repair Garages.
1.
Service stations and repair garages shall be permitted as a Conditional
Use in the "HC" Highway Commercial zone and shall meet the area and
yard requirements as set forth in this Section.
2.
The minimum lot size for service stations shall be one (1) acre and
the minimum frontage shall be one hundred fifty feet (150'). All yard
set backs shall be a minimum of fifty feet (50').
3.
No service station shall be located within five hundred feet (500')
of any fire house, school, playground, church, hospital, public building
or institution.
4.
All appliances, storage areas and trash facilities other than gasoline
filling pumps or air pumps shall be within a building. Gasoline filling
pumps and air pumps shall be permitted within the required front yard
space of service station but shall be no closer than thirty feet (30')
to any future street line. All lubrication, repair or similar activities
shall be performed in a fully enclosed building and no dismantled
parts shall be displayed outside of an enclosed building.
5.
No junked motor vehicle or part thereof shall be permitted on the
premises of any service station. Moreover, no more than six (6) motor
vehicles may be located upon any service station premises outside
of a closed or roofed building for a period of time not to exceed
four (4) days, and providing that the owners of said motor vehicles
are awaiting their repair or disposition.
6.
Landscaping shall be provided in the front yard area equal to at
least twenty percent (20%) of the front yard area and such landscaping
shall be reasonably distributed throughout the entire front yard area.
7.
The exterior display and parking of motor vehicles, trailers, boats
or other similar equipment for sale shall not be permitted as part
of a service station.
8.
Service stations shall provide at least six (6) off-street parking
spaces for the first lift, wheel alignment pit or similar work area;
five (5) additional spaces for a second work area; and an additional
three (3) spaces for each additional work area. Such spaces shall
be separated from the driveway and general apron areas which give
access to the gasoline and air pumps and service areas. No designated
parking space shall obstruct access to such facilities. No parking
shall be permitted on unpaved areas.
9.
Service stations may be permitted one (1) free-standing sign and
one (1) sign attached flat against the building. The free-standing
sign shall not exceed an area of sixteen (16) square feet, shall be
set back at least twenty feet (20') from all street rights-of-way
and lot lines and shall be a maximum of twelve feet (12') in height.
The attached sign shall not exceed thirty (30) square feet in area.
10.
All of the other area, yard, and general requirements of the
respective zone and other applicable requirements of this ordinance
must be met.
G.
Accessory Apartments.
1.
One (1) additional dwelling unit may be created on lots in the "AR-3"
or "AR-4" zone by the addition of an accessory apartment within a
single-family dwelling or within an accessory structure located on
a lot which contains an existing residential dwelling and which meets
all of the requirements specified herein.
2.
In order to create an accessory apartment under the provisions of
this section, the following minimum lot area shall be required:
Four (4) acres in the "AR-3" zone; and
Five (5) acres in the "AR-4" zone.
3.
The requirements for lot frontage, width, depth, coverage and all
setbacks shall be as required for a single-family dwelling in the
zone.
4.
Two (2) off-street parking spaces per dwelling unit shall be provided.
5.
Adequate sewage disposal and water supply shall be provided as approved
by the Board of Health.
6.
An accessory apartment shall be no larger than twenty-five percent
(25%) of the net habitable floor area of the dwelling unit and a minimum
of five hundred (500) square feet.
7.
An accessory apartment shall have at least two (2) rooms and shall
have sanitary facilities, cooking facilities and a kitchen sink for
the exclusive use of its occupants.
8.
Each and every dwelling unit shall have direct access to the outdoors
or to a hall from which there is direct access to the outdoors.
9.
Any application for creation of an apartment involving the enlargement
of an existing dwelling shall be evaluated in terms of the need for
adequate space for the apartment and remaining residential unit, and/or
creation of adequate facilities for both units, and/or adequate access
to both units. In any case, the area of the accessory apartment shall
be no more than twenty-five percent (25%) of the net habitable floor
area of the existing building.
10.
An accessory apartment may be created within an accessory structure
located on a lot which contains an existing residential dwelling and
which meets all of the requirements set forth herein. Such an apartment
may be no larger than twenty-five percent (25%) of the net habitable
floor area of the existing dwelling and the space to be converted
for residential use.
H.
Health Care Facilities.
Health care facilities shall be permitted on lots of not less
than five (5) acres in the Professional and Office zone. All other
bulk requirements of the Professional and Office zone shall apply.
I.
Nursing Homes.
1.
Nursing homes shall be permitted as a conditional use in the AR zone
and shall meet the area and yard requirements as set forth in this
section.
2.
The minimum lot size for a nursing home shall be ten (10) acres.
4.
Maximum lot coverage shall be not more than twenty percent (20%).
Maximum building coverage shall be not more than ten percent (10%)
of the total lot.
5.
In order to approve a nursing home, the Board must find that there
will be no substantial adverse traffic impact, sight distance shall
meet AASHTO standards, there shall be no significant impact from noise,
light or odor.
6.
The application shall be consistent with the Wastewater Plan of the
Township.
7.
Adequate lighting shall be provided on site. However, the maximum
lighting intensity at the property line shall be not more than 0.05
foot candles and there shall be no "hot spots." All lighting shall
be adequately shielded so as to avoid a negative impact on adjacent
residential uses.
8.
There shall be a buffer consisting of trees, shrubs, berms, or fences
or any combination thereof as being deemed appropriate by the Board
to insure that the impact of the operation on the neighboring properties
is adequately mitigated.
9.
All structures shall meet the setback requirements for principal
structures.
10.
There shall be no significant water supply or water quality
impact associated with the nursing home. Adequacy of supply shall
be demonstrated through suitable testing mechanisms.
J.
Golf Courses.
1.
Golf courses shall be permitted
as a conditional use in residential zones and shall meet the area
and yard requirements and such other requirements as are indicated
below:
a.
Minimum tract size shall be eighty (80) acres.
b.
The Board in considering a golf course application shall require
a turf management plan which meets best management practices. Such
plan shall demonstrate that there will be minimal adverse impact on
ground and surface waters.
c.
There shall be no substantial negative impact on the neighborhood
from traffic, noise, lights (both site lighting and vehicular lighting).
d.
A site management plan shall be submitted which indicates the
means by which the golf course will be irrigated, and its facilities
maintained. The means by which wildlife, in particular water fowl,
will be managed on site shall be identified.
e.
The property should be located in reasonable proximity to a
collector street. Parking shall be provided for six (6) spaces for
each tee. Additionally, parking shall be provided for any club house
facilities at a rate of one (1) space for each four (4) seats.
f.
The golf course shall be designed so as to avoid negative impact
on adjacent residential uses of land. Specifically, the design shall
incorporate concern with regard to typical golf operations and their
relationship to residential property.
g.
Any non-golf related activities held in or on any golf course
facility shall, in the opinion of the Board, adequately address traffic,
food preparation and general public safety.
h.
There shall be no significant water supply or water quality
impact associated with the golf course. Adequacy of supply shall be
demonstrated through suitable testing mechanisms.
i.
Golfing activities (play and practice) shall be limited to dawn
to dusk.
j.
All facilities shall be located no closer than forty feet (40')
from any side property line. Front and rear yard setbacks shall be
ninety feet (90').
K.
Accessory Farm Dwelling Units.
1.
Accessory farm dwelling units shall
be permitted where they are:
a.
Dedicated solely to the use of farm workers for residential
purposes. The applicant shall demonstrate a specific need to justify
the number of units requested.
b.
Actively operating as a farm.
c.
Annual certification confirming continued compliance with the
condition of approval shall be provided by the applicant.
d.
Unit to be not more than one thousand two hundred (1,200) square
feet nor less than five hundred (500) square feet.
e.
At no time shall the density of all dwelling units on a given
farm tract exceed the maximum residential density permitted in the
zone.
L.
Accessory Dwellings for Agricultural Educational Facilities.
1.
Accessory dwellings for agricultural
educational facilities shall be permitted where they are:
M.
Communications Facilities as a Conditional Use.
1.
The purpose of this ordinance is
to provide sound land use policies, procedures and regulations for
personal wireless telecommunications facilities to minimize the on
and off site effects of those facilities, while allowing their development
to provide comprehensive wireless telecommunications services in Frelinghuysen
Township to benefit residents and businesses. The Ordinance expresses
a preference that antennas be located on existing buildings and towers,
preferably on municipal or other public property, rather than on newly
constructed telecommunications towers; and encourages co-location
and site sharing of new and existing cellular communications facilities.
This ordinance amendment is designed to create the opportunity
to locate communications facilities in areas in which, in the opinion
of the Township, will have the least impact on the rural/undeveloped
character of the community nor will it encroach on the reasonable
expectations of the residents of the Township that their homes and
personal safety remain protected. The intent of this ordinance is
to limit the location of such facilities to areas which are both acceptable
to communication companies wishing to provide service and consistent
with the above objectives. The overriding objective of this provision
is to ensure that the public health, safety and welfare is safeguarded
and that the following purposes of the MLUL are advanced (see N.J.S.A.
40:55D-2):
a.
To secure safety from fire, flood, panic and other natural and
man-made disasters;
b.
To encourage the appropriate and efficient expenditure of public
funds by the coordination of public development with land use policies;
c.
To provide sufficient space in appropriate locations for a variety
of agricultural, residential, recreational, commercial and industrial
uses and open space, both public and private, according to their respective
environmental requirements in order to meet the needs of all New Jersey
citizens;
d.
To promote a desirable visual environment through creative development
techniques and good civic design and arrangements;
e.
To promote the conservation of historic sites and districts,
open space, energy resources and valuable natural resources in the
State and to prevent urban sprawl and degradation of the environment
through improper use of land;
f.
To encourage coordination of the various public and private
procedures and activities shaping land development with a view of
lessening the cost of such development and to the more efficient use
of land.
2.
ANTENNA
ANTENNA SUPPORT STRUCTURE
CO-LOCATION
COMMUNICATION FACILITY
TELECOMMUNICATIONS TOWER
Definitions.
A system of electrical conductors that transmit or receive
radio frequency signals for wireless communications.
A structure other than a telecommunications tower which is
attached to a building or other structure and on which one (1) or
more antennas are located.
Use of a common telecommunications tower or antenna support
structure or a common site by two (2) or more wireless license holders
or by one (1) wireless license holder for more than one (1) type of
communications technology and/or placement of antennas on a structure
owned or operated by a utility or other public entity.
A commercial facility licensed by the Federal Communications
Commission transmitting/receiving air time, available equipment and
customary support facilities, access, and security facilities. This
specifically does not include microwave or television transmission.
A freestanding structure on which one (1) or more antennas
are located, including lattice towers, guyed towers, monopoles and
similar structures.
3.
Use Permitted, Bulk Requirements.
Communication facilities are permitted in all zones as a conditional
use, subject to the following bulk requirements and other conditions:
a.
Minimum lot area - five (5) acres.
b.
Minimum setback to any property boundary or recreation facility
-hundred twenty-five percent (125%) of the height of the structure.
c.
Maximum height of structure - hundred twenty feet (120'), except
where more than one (1) set of commercial transmitting/receiving antennas
are co-located on a tower, the total height of the tower shall be
not greater than one hundred eighty feet (180'). This shall be measured
as the overall height, including antennas.
d.
If cellular communications facilities are located on the roof
of a building, the area of the cellular communications facility and
other equipment and structures shall not occupy more than twenty-five
percent (25%) of the roof area. Height and setback required shall
be as measured from the ground level.
e.
No such facility shall be located within five hundred feet (500')
of a dwelling or within one thousand feet (1,000') of a school.
f.
Site plan approval by the Frelinghuysen Township Planning Board
shall be required.
g.
In the event such communication facilities are abandoned or
not operated for a period of one (1) year, the same shall be removed,
at the option of the Township, at the sole expense of the operator.
h.
Noise levels at any property line shall be not more than fifty
(50) decibels.
i.
Any access to a communications facility shall conform to the
driveway provisions of the Frelinghuysen Township Code.
j.
Any generator located on the site shall be within an equipment
structure. All fuel shall be contained in accordance with NJDEP requirements.
k.
It is the specific intent of this provision to avoid clearing
beyond that required for access to the facility, its construction
and maintenance.
l.
Location priority is given, to existing cellular communications
facilities or water tanks, to existing high tension wire structures
as regulated by State and Federal regulations, to municipal land,
and such other location as the applicant proves is essential to provide
required service to the Frelinghuysen Township community. Applicant
shall document its efforts to meet these priority requirements.
m.
All cellular communications facilities shall be located to minimize
visual impact on the surrounding area in accordance with the following
standards. In applying these standards, locations in a higher priority
category under paragraph l shall be deemed more acceptable than lower
priority sites.
(1)
Cellular communications facilities shall be located to avoid
being visually solitary or prominent when viewed from residential
areas and the public way. The facility shall be obscured by vegetation,
tree cover, topographic features and/or other structures to the maximum
extent feasible.
(2)
Sites for cellular communications facilities must demonstrate
that they provide minimal visual impact on residential areas and public
ways. Potential visual impact must be analyzed to illustrate that
the selected site provides the best opportunity to minimize the visual
impact of the proposed facility.
(3)
Application for cellular communications facilities shall demonstrate
that to the extent feasible, historically significant views, streetscapes,
and landscapes have been considered and avoided in the siting of a
cellular communications facility.
n.
Cellular
communications facilities shall be deemed a public utility under the
Frelinghuysen Township Code and shall meet all requirements of this
section and of Section 601A.
o.
Co-location. Ordinance limitation on the number of principal
uses on a lot (e.g., Section 501 of the Township Code) shall not apply.
p.
Fencing and Other Safety Devices. Cellular communications facilities
shall be surrounded by security features such as a fence. The security
fence shall not exceed eight feet (8') in height. All towers shall
be designed with anti-climbing devices in order to prevent unauthorized
access. Additional safety devices shall be permitted or required,
as needed, and as approved by the Planning Board.
q.
Landscaping. Landscaping shall be provided along the perimeter
of the security fence and other areas deemed necessary to provide
a visual screen or buffer for adjoining private properties and the
public right-of-way.
r.
Signs. Signs shall not be permitted except for required signs
displaying owner contact information, warnings, equipment information,
and safety instructions. Such signs shall not exceed two (2) square
feet in area. No commercial advertising shall be permitted on any
cellular communications facility.
s.
Color. Cellular communications facilities shall be of a color
appropriate to the tower's locational context and to make it as unobtrusive
as possible, unless otherwise required by the Federal Aviation Administration
(FAA).
t.
Activity and Access. All equipment shall be designed and automated
to the greatest extent possible in order to reduce the need for on-site
maintenance and thereby minimize the need for vehicular trips to and
from the site. Access shall be from established site access points
whenever possible. Minimal off-street parking shall be permitted as
needed and as approved by the Planning Board.
u.
Lighting. No lighting is permitted except as follows:
(1)
Cellular communications facilities enclosing electronic equipment
may have security and safety lighting at the entrance, provided that
the light is attached to the facility, is focused downward and is
on timing devices and/or sensors so that the light is turned off when
not needed for safety or security purposes; and
(2)
No lighting is permitted on a cellular communications facility
except lighting that specifically is required by the Federal Aviation
Administration (FAA), and by such required lighting shall be focused
and shielded to the greatest extent possible so as not to project
towards adjacent and nearby properties.
(3)
Monopole. Any proposed new telecommunications tower shall be
a "monopole" unless the applicant can demonstrate, that a different
type pole is necessary for the co-location of additional antennas
on the tower. The applicant shall employ camouflage technology.
v.
Radio Frequency Emissions. The FCC has sole jurisdiction of
the field of regulations of radio frequency (RF) emissions. Cellular
communications facilities which meet the FCC standards shall not be
conditioned or denied on the basis of RF effects. Applicants shall
provide current FCC information concerning cellular communications
facilities and radio frequency emission standards. Cellular communications
facilities shall be required to provide information on the projected
power density of the proposed facility and how this meets the FCC
standards.
w.
Structural Integrity. Cellular communications facilities must
be constructed to the Electronic Industries Association/Telecommunications
Industries Association (EIA/TIA) 222 Revision F Standard entitled
"Structural Standards for Steel Antenna Towers and Antenna Supporting
Structures" (or equivalent), as it may be updated or amended.
x.
Maintenance. Cellular communications facilities shall be maintained
to assure their continued structural integrity. The owner of the cellular
communications facility shall also perform such other maintenance
of the structure and of the site as to assure that it does not create
a visual nuisance. Safety inspections shall be performed not less
than once per year. A report indicating the condition of all facilities
shall be submitted to the Township Clerk and not later than January
10 of any given calendar year following installation of the facility.
y.
Each application for a cellular communications facility shall
be accompanied by a plan which shall reference all existing cellular
communications facility locations in the applicant's Frelinghuysen
Township inventory, any such facilities in the abutting towns within
or without New Jersey which provide service to areas within the Frelinghuysen
Township community, any changes proposed within the following twelve
(12) month period, including plans for new locations and the discontinuance
of relocation or existing facilities.
z.
Each application shall include a site location alternative analysis
describing the location of other sites considered, the availability
of those sites, the extent to which other sites do or do not meet
the provider service or engineering needs, and the reason why the
subject site was chosen. The analysis shall address the following
issues:
aa.
How the proposed location of the cellular communications facility
relates to the objective of providing full wireless communication
services within Frelinghuysen Township.
(1)
How the proposed location of the proposed cellular communications
facility relates to the location of any existing antennas within and
near the Frelinghuysen Township community.
(2)
How the proposed location of the proposed cellular communications
facility relates to the anticipated need for additional antennas within
and near the Frelinghuysen Township community and also meets the needs
for emergency services communications.
(3)
How the proposed location of the proposed cellular communications
facility relates to the objective of collocating the antennas of many
different providers of wireless communication services on the same
cellular communications facility tower. All such facilities shall
make space available for State, County and local emergency communications
services.
bb.
The Planning Board may retain technical consultants as it deems
necessary to provide assistance in the review of the site location
alternative analysis. The service provider shall bear the reasonable
cost associated with such consultation which cost shall be deposited
in accordance with the Frelinghuysen Township's escrow provisions.
Removal of abandoned cellular communications facilities. Any
cellular communications facility that has not been operated for a
continuous period of twelve (12) months shall be considered abandoned.
If there are two (2) or more users of a single cellular communications
facility, then the abandonment shall not become effective until all
users cease using the cellular communications facility for a continuous
period of twelve (12) months. The owner of such cellular communications
facility shall remove same within ninety (90) days of notice from
the Zoning Officer that the cellular communications facility is abandoned.
If such cellular communications facility is not removed within said
ninety (90) days, the municipality may remove such cellular communications
facility at the owner's expense. If the facility is to be retained,
the provider(s) shall establish that the facility will be reused within
one (1) year of discontinuance. If a facility is not reused within
one (1) year, a demolition permit shall be obtained and the facility
removed at the expense of the facility owner or the private landowner.
At the discretion of the Zoning Officer, upon good cause shown, the
one (1) year reuse period may be extended for a period not to exceed
one (1) additional year. The owner shall be required to submit to
the Township Administration (Township Clerk) verification of yearly
permits or renewal period. The status of the tower with respect to
its continued use shall also be confirmed. Frelinghuysen Township
retains the right to use any abandoned cellular communications facility
on municipal property for its own use.
cc.
Cellular communications facilities in existence on the date
of the adoption of this ordinance, which do not comply with the requirements
of this ordinance (non-conforming cellular communications facilities)
are subject to the following provisions.
(1)
Nonconforming cellular communications facilities may continue
in use for the purpose now used, but may not be expanded without complying
with this ordinance.
(2)
Nonconforming cellular communications facilities which are partially
damaged or destroyed due to any reason or cause may be repaired and
restored to their former use, location and physical dimensions subject
to obtaining a building permit therefor, but without otherwise complying
with this ordinance. If this destruction is greater than forty percent
(40%), then repair or restoration will require compliance with this
ordinance.
(3)
The owner of any non-conforming cellular communications facility
may repair, rebuild and/or upgrade (but not expand such cellular communications
facility or increase its height or reduce its setbacks); in order
to improve the structural integrity of the facility, to allow the
facility to accommodate collocated antennas or facilities, or to upgrade
the facilities to current engineering, technological or communications
standards, without having to conform to the provisions of this ordinance.
dd.
In addition to the applicable documentation, required escrow
fees, and items of information required for site plan approval the
following additional documentation and items of information are required
to be submitted to the Planning Board for review and approval as part
of the site plan submission:
(1)
Documentation by a qualified expert regarding the capacity of
any proposed cellular communications facility for the number and type
of antennas;
(2)
Documentation by a qualified expert that any proposed cellular
communications facility will have sufficient structural integrity
to support the proposed antennas and the anticipated future collocated
antennas.
(3)
A letter of intent by the applicant, in a form which is reviewed
and approved by the Township Planning Board, indicating that the applicant
will share the use of the cellular communications facility with other
approved providers of wireless communication services.
(4)
A visual impact study, graphically simulating through models,
computer-enhanced graphics, or similar techniques, the appearance
of any proposed tower and indicating its view from at least five (5)
locations around and within one (1) mile of the proposed cellular
communications facility where the cellular communications facility
will be most visible. Aerial photographs of the impact area shall
also be submitted.
4.
Co-location and New Facilities.
[Added 12-19-2018 by Ord.
No. 2018-16]
a
Purpose and Substantial Change. It is the purpose of these subsection
provisions to provide specific conditions and standards for the location,
co-location and operation of cellular antennas and cellular towers
within the Township of Frelinghuysen. These subsection provisions
recognize that there may be benefits to the construction and operation
of cellular antennas and cellular towers and that state and/or federal
laws and/or regulations specifically regulate aspects of such operation.
These article provisions also acknowledge the need to safeguard the
public good and preserve the intent and purposes of the Frelinghuysen
Township zoning plan. These subsection provisions enable the location
and co-location of cellular antennas and cellular towers within the
Township of Frelinghuysen in order to provide the fullest extent of
communications services while simultaneously limiting the number of
cellular towers to the fewest possible. These provisions further seek
to preserve the rural, agricultural character of the Township of Frelinghuysen
and to protect its historical resources.
b
This subsection also sets forth requirements for eligible facilities
requests for modifications to existing wireless towers or base stations
that do not constitute a substantial change.
c
SUBSTANTIAL CHANGE
i
ii
iii
iv
v
vi
The definitions set forth in 47
U.S.C. § 1455 are incorporated herein, as may be amended,
including the following definition of "substantial change," per 47
CFR 1.4000I(c):[1]
A modification substantially changes the physical dimensions
of an eligible support structure if it meets any of the following
criteria:
For towers other than towers in the public rights-of-way, it
increases the height of the tower by more than 10% or by the height
of one additional antenna array with separation from the nearest existing
antenna not to exceed 20 feet, whichever is greater; for other eligible
support structures, it increases the height of the structure by more
than 10% or more than 10 feet, whichever is greater. Changes in height
must be measured from the original support structure in cases where
deployments are or will be separated horizontally, such as on buildings'
rooftops; in other circumstances, changes in height must be measured
from the dimensions of the tower or base station, inclusive of originally
approved appurtenances and any modifications that were approved prior
to the passage of the Spectrum Act. 47 CFR 1.4000I(b)(7)(i)(A);[2]
For towers other than towers in the public rights-of-way, it
involves adding an appurtenance to the body of the tower that would
protrude from the edge of the tower more than 20 feet, or more than
the width of the tower structure at the level of the appurtenance,
whichever is greater; for other eligible support structures, it involves
adding an appurtenance to the body of the structure that would protrude
from the edge of the structure by more than six feet;
For any eligible support structure, it involves installation
of more than the standard number of new equipment cabinets for the
technology involved, but not to exceed four cabinets; or, for towers
in the public rights-of-way and base stations, it involves installation
of any new equipment cabinets on the ground if there are no preexisting
ground cabinets associated with the structure, or else involves installation
of ground cabinets that are more than 10% larger in height or overall
volume than any other ground cabinets associated with the structure;
It entails any excavation or deployment outside the current
site;
It would defeat the concealment elements of the eligible support
structure; or
It does not comply with conditions associated with the siting
approval of the construction or modification of the eligible support
structure or base station equipment; provided, however, that this
limitation does not apply to any modification that is noncompliant
only in a manner that would not exceed the thresholds identified in
Paragraphs (i)-(iv) of this section.
5.
Certain Communications Facilities as Permitted Use.
[Added 12-19-2018 by Ord.
No. 2018-16]
a
The uses listed in this section are deemed to be permitted uses and
shall not require a conditional use permit or variance application,
notwithstanding any other provision of the chapter. Jurisdiction shall
rest with the Land Use Board of the Township of Frelinghuysen.
b
Permitted Uses. The following uses are specifically permitted: antennas
in any zone on property owned by the Township of Frelinghuysen upon
which is located an existing wireless communication facility or an
existing electric transmission tower.
c
The Land Use Board may waive the submission requirements of § LDO-601M3
for any permitted use.
6.
Application Procedure.
[Added 12-19-2018 by Ord.
No. 2018-16]
a
Co-location on an
Existing Structure; Eligible Facilities Request.
[1]
Application. Frelinghuysen Township shall prepare and make publicly
available an application form which shall contain the information
necessary for Frelinghuysen Township to consider whether an application
is an eligible facilities request. The application may not require
the applicant to demonstrate a need or business case for the proposed
modification.
[2]
Type of Review. Upon receipt of an application for an eligible
facilities request pursuant to this chapter, the Land Use Board Engineer
shall review such application to determine whether the application
so qualifies.
[3]
Time Frame for Review. Within 60 days of the date on which an
applicant submits an application seeking approval under this chapter,
Frelinghuysen Township shall approve the application unless it determines
that the application is not covered by this chapter.
[4]
Tolling of the Time Frame for Review. The sixty-day review period
begins to run when the application is filed and may be tolled only
by mutual agreement by Frelinghuysen Township and the applicant or
in cases where the Land Use Board Engineer determines that the application
is incomplete.
(A)
To toll the time frame for incompleteness, the
Land Use Board Engineer must provide written notice to the applicant
within 30 days of receipt of the application, specifically delineating
all missing documents or information required in the application.
(B)
The time frame for review begins running again
when the applicant makes a supplemental submission in response to
the Land Use Board Engineer's notice of incompleteness.
(C)
Following a supplemental submission, the Land Use
Board Engineer will notify the applicant within 10 days that the supplemental
submission did not provide the information identified in the original
notice delineating missing information. The time frame is tolled in
the case of second or subsequent notices pursuant to the procedures
identified in Subsection M6a[7] of this section. Second or subsequent
notices of incompleteness may not specify missing documents or information
that were not delineated in the original notice of incompleteness.
[5]
If the Land Use Board Engineer determines that the applicant's
request for co-location is a substantial change to co-location on
an existing structure as defined in this ordinance, the presumptively
reasonable time frame, as prescribed by the FCC's Shot Clock order,
will begin to run from the issuance of the Land Use Board Engineer's
decision that the application is not a covered request. To the extent
such information is necessary, the Land Use Board Engineer may request
additional information from the applicant to evaluate the application.
When the Land Use Board Engineer determines that such an application
constitutes a substantial change, Subsection M6b below must be complied
with.
[6]
Failure to Act. In the event the Land Use Board Engineer fails
to approve or deny a request seeking approval under this chapter within
the time frame for review (accounting for any tolling), the request
shall be deemed granted. The deemed grant does not become effective
until the applicant notifies Frelinghuysen Township in writing after
the review period has expired (accounting for any tolling) that the
application has been deemed granted.
[7]
Remedies. Applicants and the Land Use Board Engineer may bring
claims related to this section to any court of competent jurisdiction.
b
New Wireless Facility
and Substantial Change to Co-location on an Existing Structure.
[1]
All cellular antenna applications in zones in which cellular
antennas are a conditional use shall be submitted to the Land Use
Board of Frelinghuysen Township. All cellular antenna applications
in zones where cellular antennas are prohibited uses shall be submitted
to the Frelinghuysen Township Land Use Board for a use variance.
[2]
The Land Use Board reserves the right to engage, at the applicant's
expense, a radio frequency engineer to review the documentation submitted
by the applicant in its comprehensive plan and to testify as to the
engineer's findings.
[3]
The applicant shall, as part of its application, prepare and
submit a comprehensive plan. Each comprehensive plan shall be presented
in single, bound volumes. The comprehensive plan does not supplant
or supersede any other site plan submission requirements. The comprehensive
plan shall contain, at a minimum, a complete presentation on each
of the following topics:
(A)
Existing Service. The applicant shall address whether
its subscribers can receive adequate service from cellular antennas
located outside of the borders of Frelinghuysen Township.
(B)
Existing Antenna Locations. The applicant shall
graphically depict the location of existing cellular antennas in Frelinghuysen
Township and explain how the proposed cellular antenna interacts with
the existing cellular antennas.
(C)
Co-location. The applicant shall demonstrate all
existing structures that are available for location of the proposed
cellular antennas. In the event that the application does not utilize
any existing structure and instead proposed the construction of a
new cellular tower, the applicant shall demonstrate either that it
is impossible to obtain similar proposed signal coverage by co-locating
the cellular antennas on existing structures or that no such structures
are available.
(D)
Frelinghuysen Township Coverage. The applicant
shall set forth its strategy for providing the fullest possible signal
coverage within the borders of Frelinghuysen Township. The applicant
shall additionally demonstrate how the proposed cellular antennas
advance its strategy for fullest possible signal coverage within the
borders of Frelinghuysen Township.
(E)
Emissions Standards. The applicant shall set forth
the applicable emission standards set by the Federal Communications
Commission and all other applicable technical requirements of other
federal and/or state governmental agencies with appropriate jurisdiction.
The applicant shall demonstrate that the proposed cellular antennas
meet all such technical emission standards.
(F)
Actual Emissions. The applicant shall submit a
full report of aggregate emissions of its own cellular antennas and
of all other cellular antennas located on the same structure once
the proposed cellular antennas are in operation.
(G)
Municipal Property Preference. The applicant shall
demonstrate whether the proposed cellular antennas can be located
on municipally owned property.
(H)
Architectural Harmony. The applicant shall demonstrate
how its proposed cellular antennas and/or cellular towers are designed
to blend in with their surroundings and be as visually unintrusive
and as inconspicuous as possible.
(I)
Written Notice to Other Service Providers. The
applicant shall supply copies of correspondence to all other owners
and/or operators and/or providers of cellular antennas, wireless communication
services and/or cellular towers regarding inquiry as to availability
of existing cellular tower space and whether the construction of an
additional cellular tower is required.
(J)
Appearance. The applicant shall demonstrate how
the proposed location of the cellular tower attempts to minimize the
visual prominence and solitary appearance of the cellular tower when
viewed from either residential areas or from the public right-of-way.
(K)
Cellular Tower Design. The applicant shall demonstrate
that the proposed cellular tower design is the safest and least visually
intrusive design and the design most accommodating for co-location
of other cellular antennas. If a monopole design is not submitted,
the applicant shall demonstrate why the submitted design is superior
to a monopole design.
[4]
The maximum height of any towers within the Township is 199
feet.
c
All applications for cellular towers, including co-location or new
towers, shall comply with any and all general applicable building,
structural, electrical, and safety codes, as well as any others deemed
by the Township to be related to health and safety. Further, all such
applications shall also comply with the requirements of any Historic
Preservation District, as applicable.
[Amended 12-16-2020 by Ord. No. 2020-15]
d
Failure of the applicant to submit a completed comprehensive plan
according to the specifications set forth above shall render an application
incomplete and thereby prevent hearing of the application by the appropriate
board.
e
All applicants shall appropriately conceal the cell tower antennas
and related structures.
7.
Restoration and Removal of Cellular Antennas and Cellular Towers.
[Added 12-19-2018 by Ord.
No. 2018-16]
a
The applicant shall post a performance bond for the demolition, dismantling
and removal of any cellular antenna and/or cellular tower.
b
Every cellular antenna and cellular tower shall be demolished, removed
and dismantled promptly after 180 continuous days of nonuse.
c
The applicant and/or operator of the cellular antenna shall provide
the Township with a copy of any notice or letter of intent to cease
operations in the event that such a notice or letter is sent by the
applicant and/or owner to the FCC.
8.
Eligible Facilities
Request Application and Fee. An eligible facilities request application
shall include, but is not limited to, the following:
[Added 12-19-2018 by Ord.
No. 2018-16]
a
Address of the wireless tower.
b
The height (measured in feet above ground level) of the existing
tower as originally approved, including any modifications approved
prior to February 22, 2012.
c
What is the height (measured in feet above ground level) at which
the modifications to the transmission equipment will occur on the
tower?
d
What will the height (measured in feet above ground level) of the
existing tower be after the modifications to the transmission equipment
are installed?
e
Effect of modifications of transmission equipment on tower height:
[1]
Will the modifications in transmission equipment (addition,
removal or replacement of transmission equipment) result in increasing
the height above ground level of the existing tower?
[2]
Will the modifications in transmission equipment result in increasing
the height above ground level of the existing tower by more than:
(A) 10% of the height of the existing tower, as originally approved,
including any modifications approved prior to February 22, 2012; or
(B) 20 feet above the height of the existing tower, as originally
approved, including any modifications approved prior to February 22,
2012, whichever height increase is greater?
f
Will the modifications in transmission equipment (measured at the
height above ground level where the transmission equipment will be
attached to the tower) result in any transmission equipment protruding
horizontally from the edge of tower by more than 20 feet or by more
than the existing width of the tower at that height, whichever of
these dimensions is greater?
g
Will the proposed changes in transmission equipment involve excavation
or placement of new equipment outside the existing tower site or outside
any access or utility easements currently related to the site?
h
Will the proposed modification in transmission equipment involve
installation of more than the standard number of new equipment cabinets
for the technology involved, but no to exceed four?
i
Will the proposed modification in transmission equipment defeat the
existing concealment elements of the tower?
j
Prior Conditions of Approval.
k
List of all equipment to be co-located or added to the tower or ground
equipment.
l
Applicant's certification that they have the legal authority to co-locate/modify
the support structure, which may include approvals from the jurisdiction
authorizing the initial placement of transmission equipment on the
tower or other structure.
m
The identity of the owner of the parcel and the owner of the existing
tower(s), and proof that the owner of the parcel and tower have authorized
the applicant to co-locate on the tower.
n
Detailed Site Plan. Except where the facility will be located entirely
within an existing structure or an existing building, a detailed site
plan shall show:
[1]
Existing and Proposed Improvements. The location and dimensions
of the existing facility and the maximum height above ground of the
facility (also identified in height above sea level).
[2]
Elevation. The benchmarks and datum used for elevations.
[3]
Design. The design of the facility, including the specific type
of support structure and the design, type, location, size, height
and configuration of applicant's existing and proposed antennas and
other equipment. The method(s) by which the antennas will be attached
to the mounting structure shall be depicted.
[4]
Setbacks. All existing setbacks.
[5]
Location of Accessways. The location of all existing accessways
and the location and design of all proposed accessways.
o
Application Fee. All applicants shall pay an application fee of $500
at the time that the application is filed.
N.
Solar Energy Systems.
1.
The primary purpose of a solar energy will be to provide power for
the principal and/or accessory use of the property whereon said system
is to be located and shall not be for the generation of power for
commercial purposes, although this provision shall not be interpreted
to prohibit the sale of excess power generated from time to time from
a solar energy system designed to meet the energy needs of the principal
use.
2.
Solar energy systems shall only be permitted as a conditional accessory
use on the same lot as the principal use. All energy systems require
approval from the Zoning Officer and Construction Official prior to
installation. Applications for a solar energy system shall include
information demonstrating compliance with the provisions of this ordinance.
In the event that the Zoning Officer or Construction Official does
not believe the provisions of this ordinance will be satisfied, an
applicant may request a variance.
3.
As a guide to protection of solar access and in the review of development
applications, the Planning Board or Board of Adjustment may consider
the United States Department of Housing and Urban Development, Office
of Policy Development and Research, booklet entitled "Protecting Solar
Access for Residential Development, A Guidebook for Planning Officials,"
as the same may be updated and revised from time to time.
4.
OWNER
SOLAR ENERGY SYSTEM
SOLAR PANELS
Definitions.
The individual or entity that intends to own and operate
the solar energy system in accordance with this ordinance.
A solar energy system and all associated equipment that convert
solar energy into usable electrical energy through the use of solar
panels.
A structure containing one (1) or more receptive cells, the
purpose of which is to convert solar energy into usable electrical
energy by way of a solar energy system.
5.
Solar energy systems are permitted
in all zones as a conditional accessory use, subject to the following
bulk requirements and other conditions:
a.
Solar panels shall be permitted as a rooftop installation in
any zoning district. The solar panels shall not exceed a height of
eight inches (8") from the rooftop. Rooftop systems shall be considered
a permitted accessory use subject to approval of the Zoning Officer
and Construction Official.
b.
All ground arrays shall be set back a minimum distance equivalent
to the setback required for the principal structure according to the
underlying zone requirements.
c.
Ground arrays shall not exceed a height of fifteen feet (15').
d.
All electrical wires servicing a ground mount solar system,
other than wires necessary to interconnect the solar panels, and the
grounding wires shall be located underground.
e.
In order to obtain a zoning permit for placement of a solar
array in the front yard, the applicant must demonstrate to the Zoning
Board the necessity for the front yard installation by reason of an
extraordinary and exceptional situation uniquely affecting a specific
piece of property resulting in an exceptional difficulty and undue
hardship to the applicant. The clearing of brush or wooded areas alone
will not constitute an undue hardship.
f.
When a solar energy system is proposed in the front yard, the
following standards shall apply:
(1)
Structure shall be screened according
to Figure 601N5, generally stated as follows:
(a)
Where natural evergreen or dense deciduous screening
is already in existence, no additional screening shall be required
between the property line(s) and the solar energy system.
(b)
The recommended distance and planting material
is identified in Figure 601N5. It is the intent of this section that
the landscaping shall shield the solar energy system when viewed from
the street and adjacent properties.
(c)
Planting is not required between the solar energy
system and the residence located on the same lot; only if the array
is completely shielded from the front and side property lines.
(2)
Front yard solar energy systems are limited to a horizontal
coverage equal to one thousand (1,000) square feet.
6.
The installation of a solar energy system shall conform to the National
Electric Code as adopted by the New Jersey Department of Community
Affairs.
7.
Solar energy systems that connect to the electric utility shall comply
with the New Jersey's Net Metering and Interconnection Standards for
Class I Renewable Energy Systems and as required by the electric utility
servicing the parcel.
8.
Solar energy systems shall not be used for displaying any advertising
except for reasonable identification of the manufacture or operator
of the system. In no case shall identification be visible from a property
line.
9.
The design of a solar energy system shall, to the extent practicable,
use materials, colors, textures, screening and landscaping that will
blend the facility into a natural setting and existing environment.
10.
Abandonment:
a.
A solar energy system that is out of service for a continuous
12-month period shall be deemed abandoned.
b.
The Construction Official 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.
c.
Any abandoned system shall be removed at the owner's sole expense
within six (6) months after the owner receives the Notice of Abandonment
from the Township Construction Official. If the system is not removed
within six (6) months of receipt of notice, the Township may remove
the system as set forth below.
When an owner of a solar energy system has been notified to
remove same and has not done so six (6) 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 revegetated
to blend with the existing surrounding vegetation at the time of abandonment.
Solar panels removed from the site should be deposited at a
recognized solar panel recycling center. Panels that are not recycled
must be disposed of in accordance with current NJDEP or EPA requirements.
11.
Permit Requirements:
a.
A building and electrical permit shall be required for the installation
of a solar energy system.
b.
The minor site plan shall include the following:
(1)
Name, address and phone number of the owner and applicant; north
arrow, graphic and written scale; date of preparation; Block and Lot;
name and address, signature, and license number of person(s) preparing
the survey; revision box and date of each revision; zone data box;
and key map;
(2)
Property lines and physical dimensions of the property;
(3)
Location, dimension, and types of existing principal and accessory
structures on the property;
(4)
Location of the proposed solar energy system;
(5)
The right-of-way delineation of any public road that is contiguous
with the property;
(6)
Any overhead utility lines;
(7)
Location and definition of easements;
(8)
Solar energy system specifications, including manufacturer and
model of all components, panel height and width;
(9)
One (1) photograph of the subject premises depicting the area
for which a solar energy system is proposed;
(10)
Valid survey representative of current conditions
of the property to be approved by the Board Engineer.
12.
Expiration: Any minor site plan
or other approval issued pursuant to this ordinance shall expire if:
13.
Violations: It is unlawful for any person to construct, install,
or operate a solar energy system that is not in compliance with this
ordinance or with any condition contained in a building permit issued
pursuant to this ordinance. Solar energy systems installed prior to
the adoption of this ordinance are exempt.
14.
Notwithstanding any other provision of this section or of the
Land Development Ordinance, solar energy systems shall be a permitted
use on any property owned by the Township of Frelinghuysen, and the
provisions set forth at Section 601(N)(1) through 601(N)(13) shall
be inapplicable to such facilities on Township-owned property, except
as otherwise required by law.
[Ord. No. 2017-03 § 6]
O.
Wind Energy Systems.
1.
The primary purpose of a wind system will be to provide power for
the principal and/or accessory use of the property whereon said system
is to be located and shall not be for the generation of power for
commercial purposes, although this provision shall not be interpreted
to prohibit the sale of excess power generated from time to time from
a wind energy system designed to meet the energy needs of the principal
use.
2.
Wind energy systems shall only be permitted as a conditional accessory
use on the same lot as the principal use. All wind energy systems
require approval from the Zoning Officer and Construction Official
prior to installation. Applications for a wind energy system shall
include information demonstrating compliance with the provisions of
this ordinance. In the event that the Zoning Officer or Construction
Official does not believe the provisions of this ordinance will be
satisfied, an applicant may request a variance.
3.
ENERGY SYSTEM
OWNER
ROTOR DIAMETER
TOTAL HEIGHT
TOWER
WIND ENERGY SYSTEM
WIND TURBINE
Definitions.
A wind energy system as defined herein.
The individual or entity that intends to own and operate
the wind energy system in accordance with this ordinance.
The cross sectional dimension of the circle swept by the
rotating blades of a wind-powered energy generator.
In relation to a wind energy system, the vertical distance
measured from the average elevation of the finished grade to the tip
of a wind generator blade when the tip is at its highest point, or
the highest point of the wind energy system, whichever is greatest.
A monopole, freestanding, or guyed structure that supports
a wind generator.
A wind turbine and all associated equipment, including any
base, blade, foundation, nacelle, rotor, tower, transformer, vane,
wire, inverter, batteries or other component necessary to fully utilize
the wind generator.
Equipment that converts energy from the wind into electricity.
This term includes rotor, blades and associated mechanical and electrical
conversion components necessary to generate, store and/or transfer
energy.
4.
Wind energy systems are permitted
on a minimum of ten (10) acres as a conditional accessory use, subject
to the following bulk requirements and other conditions:
(a)
Minimum setbacks: all wind turbines shall be set back from all
property lines a distance equal to one hundred twenty-five percent
(125%) of the height of the structure as defined herein.
(b)
Wind turbines shall not be permitted in a front yard unless
as they are a minimum of four hundred feet (400') from the street
right-of-way.
(c)
The maximum height of a wind energy system shall be two hundred
feet (200') at its highest point.
(d)
No such facility shall be located within three hundred feet
(300') of a neighboring dwelling or within one thousand feet (1,000')
of a school property.
(e)
No more than one (1) wind turbine shall be permitted per property.
(f)
Wind turbines shall not be permitted as a rooftop installation.
(g)
All electrical wires associated with a wind energy system, other
than wires necessary to connect the wind generator to the tower wiring,
the tower wiring to the junction box, and the grounding wires shall
be located underground.
(h)
Wind turbines shall be designed with an automatic brake or governing
system to prevent over-speeding and excessive pressure on the tower
structure.
(i)
Wind energy systems shall not be artificially lighted, except
to the extent required by the FAA or other applicable authority.
(j)
All ground mounted electrical and control equipment shall be
labeled and secured to prevent unauthorized access.
(k)
The tower shall be designed and installed to provide removable
step bolts, or not to provide a ladder, or other publicly accessible
means of climbing the tower, for a minimum height of eight feet (8')
above ground level.
(l)
All moving parts of the wind energy system shall be a minimum
of ten feet (10') above ground level.
(m)
The blades on the wind energy system shall be constructed of
a corrosive resistant material.
5.
Sound: All wind energy systems
shall comply with the following:
(a)
For properties within, or adjacent to, a residential use or
zone, sound levels of the wind energy system shall not exceed 55 dBA
at a common property line.
(b)
In all other cases, sound levels of the wind energy system shall
not exceed 65dBA at a common property line.
(c)
These levels may be exceeded during short-term events such as
utility outages and/or severe windstorms.
6.
Wind energy systems that connect to the electric utility shall comply
with the New Jersey's Net Metering and Interconnection Standards for
Class I Renewable Energy Systems and as required by the electric utility
servicing the parcel.
7.
Energy systems shall not be used for displaying any advertising except
for reasonable identification of the manufacturer or operator of the
system. In no case shall identification be visible from a property
line.
8.
The design of a wind energy system shall, to the extent practicable,
use materials; colors, textures, screening and landscaping that will
blend the facility into the natural setting and existing environment.
9.
Abandonment:
(a)
A wind energy system that is out of service for a continuous
12-month period shall be deemed abandoned.
(b)
The Construction Official 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.
(c)
Any abandoned system shall be removed at the owner's sole expense
within six months after the owner receives the Notice of Abandonment
from the Township Construction Official. If the system is not removed
within six (6) months of receipt of notice, the Township may remove
the system as set forth below.
When an owner of a wind energy system has been notified to remove
same and has not done so six (6) 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 revegetated to blend with
the existing surrounding vegetation at the time of abandonment.
10.
Permit Requirements:
(a)
A building and electrical permit shall be required for the installation
of a wind or energy system.
(b)
Minor site plan approval is required and shall include the following:
(1)
Name, address and phone number of the owner and
applicant; north arrow, graphic and written scale; date of preparation;
Block and Lot; name and address, signature, and license number of
person(s) preparing the survey; revision box and date of each revision;
zone data box; and key map;
(2)
Property lines and physical dimensions of the property;
(3)
Location, dimension, and types of existing principal
and accessory structures on the property;
(4)
Location of the proposed wind energy system;
(5)
The right-of-way delineation of any public road
that is contiguous with the property;
(6)
Any overhead utility lines;
(7)
Location and definition of easements;
(8)
Wind energy system specifications, including manufacturer
and model, rotor diameter, tower height or panel height and width;
(9)
One (1) photograph of the subject premises depicting
the area for which a wind energy system is proposed;
(10)
Valid survey representative of current conditions
of the property to be approved by the Land Use Engineer.
11.
Expiration: Any minor site plan
or other approval issued pursuant to this ordinance shall expire if:
12.
Violations: It is unlawful for any person to construct, install,
or operate an energy system that is not in compliance with this ordinance
or with any condition contained in a building permit issued pursuant
to this ordinance. Energy systems installed prior to the adoption
of this ordinance are exempt.
P.
Cannabis
Cultivation and Manufacturing.
[Added 8-18-2021 by Ord. No. 2021-09]
1.
A cannabis cultivation
and/or manufacturing facility use shall be permitted in the ROM District
provided the following conditions, to the extent not inconsistent
with State law or regulation, are met:
a.
The facility shall meet all of the requirements for licensure
by the New Jersey Cannabis Regulatory Commission and/or the New Jersey
Department of Health.
b.
Enclosed building: All cultivation, manufacturing, storage and
distribution activities shall take place within enclosed building
or greenhouse structures. The facility shall be the sole occupant
of its building.
c.
Fencing: All structures utilized for any cultivation, manufacturing,
storage or distribution of cannabis shall be enclosed by a fence at
least seven feet high.
d.
Security: All structures shall be designed, using safety and
security barriers, to prevent the unlawful and unauthorized entry
into the structures as prescribed by State law.
[1]
There shall be controlled access to the site, with 24/7 on-site
video monitoring of the exterior and interior of the facility, which
video shall be retained and stored for the period prescribed by State
law, but in no case shall such video be retained and stored for less
than 30 days.
[2]
Plans and reports depicting or describing access and security
details information concerning the facility shall be deemed and protected
as confidential security documents, exempt from disclosure as public
records.
e.
There shall be no direct sales to the public from the property.
Nothing herein shall permit the retail sale of cannabis or marijuana
products, the dispensing of cannabis or marijuana product, or the
direct point sale or distribution of marijuana products except to
other cannabis businesses licensed by the State.
f.
Noise: Cannabis cultivation and manufacturing facilities shall
operate in compliance with state and local noise laws and regulations,
except in emergency situations requiring the use of a backup generator.
g.
Odor: Cannabis cultivation and manufacturing operations shall
utilize available technology to filter and recirculate air, so that
odors are not discernable by a reasonable person beyond the property
line.
h.
Location: One thousand (1,000) linear feet measured from the
lot line of the school or college/university facility to the nearest
portion of the building containing a cannabis use. The subsequent
approval of a school or any other facility in proximity to the cannabis
use shall not render any existing cannabis business a nonconforming
use.
i.
Emergency power: Cannabis cultivation and manufacturing operations
shall have a backup generator, capable of maintaining at a minimum
all electronic security systems in the event of a power failure.
j.
Signs: Cannabis cultivation and manufacturing facilities shall
only be permitted to have one sign, displaying the site address only,
in compliance with sign requirements for the ROM Zone.
k.
Lighting: No light generated by any cannabis cultivation and
manufacturing activities shall result in measurable light changes
at the nearest property boundary to each structure.
l.
Consumption: No cannabis or cannabis product shall be smoked,
eaten or otherwise consumed on the premises of any cannabis cultivation
or manufacturing facility.
A.
Christmas tree sale: The annual sale of Christmas trees is permitted
in all zoning districts between December 1 and December 25, inclusive.
B.
Height limits: Excepting for residential dwelling units as permitted
in this ordinance, penthouses or roof structures for the housing of
stairways, tanks, ventilating fans, air conditioning equipment or
similar equipment required to operate and maintain the building; skylights,
spires, cupolas, flagpoles, chimneys or similar structures; may be
erected above the height limits prescribed by this ordinance, but
in no case more than fifteen percent (15%) more than the maximum height
permitted for use in the district, except that silos and barns for
farming purposes associated with farming shall be a maximum of fifty-five
feet (55') in height.
C.
Parking of commercial vehicles in residential zones: One registered
commercial vehicle of a gross registered weight not exceeding 14,000
pounds, owned or used by a resident of the premises shall be permitted
to be regularly parked or garaged on a lot in any residential district,
including the "VN-1" and "VN-2" Village Neighborhood zones. Additional
commercial vehicles as described herein shall be permitted provided
they are garaged at all times when not in use. The provisions of this
ordinance must be met on the single lot for which the use is accessory
to the main use of the premises. This provision shall not be deemed
to limit the number of commercial trucks or cars used on a farm, or
construction equipment which is used on the site for construction
purposes.
Any resident who, on the date of adoption of this ordinance
customarily parks or garages on a residential premises a registered
commercial vehicle of gross registered weight exceeding 14,000 pounds
shall be permitted to maintain one (1) such vehicle on the premises.
Any resident seeking to establish rights under this Section may apply
to the Zoning Officer for a permit for such use, which shall expire
upon change in ownership of the property in question.
D.
Public election voting places: The provisions of this ordinance shall
not be construed as to interfere with the temporary use of any property
as a voting place in connection with a municipal or other public election.
E.
Public utility lines: Public utility lines for the transportation
and distribution and control of water, electricity, gas, oil, steam,
telegraph and telephone communications, and their supporting members,
other than buildings or structures, shall not be required to be located
on a lot nor shall this ordinance be interpreted as to prohibit the
use of a property in any zone for the above uses.
[Ord. #2004-01; Ord. #2005-13 § 4]
A.
Basis For Establishing Critical Areas.
The mapping of the critical areas within Frelinghuysen Township
is indicated on the map entitled "Critical Areas" which is part of
this ordinance. As noted on the map, the basis for the delineation
of flood plain areas were the Flood Insurance Rate Maps, panels 5
and 10, prepared by the Federal Emergency Management Agency and dated
February 4, 1983. The mapped information shall be deemed conclusive
for the purpose of administering the land use control measures of
this ordinance: however, the Planning Board or Zoning Board of Adjustment,
as the case may be, may request the delineation of the 100-year floodplain
along any stream located on a tract which is the subject of a development
application, such delineation to be prepared by a licensed engineer.
It should be noted that more flood plain areas exist in the
Township than those already mapped. Moreover, the State Department
of Environmental Protection, Division of Water Resources, in accordance
with the Flood Hazard Area Control Act (N.J.S.A. 58-16A-50 et seq.),
has adopted N.J.A.C. 7:13 and will be mapping the "flood hazard areas"
in Frelinghuysen Township. The Department of Environmental Protection
mapping shall take precedence when completed.
The basis for the delineation of steep slope areas on the "Critical
Areas" map were the U.S. Geological Survey maps, dated 1971. However,
the Planning Board or Zoning Board of Adjustment may consider other
sources of information at the time of subdivision and/or site plan
approval.
Additionally, while information depicted on the Critical Areas
map has been prepared as accurately as possible; nevertheless, it
must be understood that detailed information mapped at such a large
scale may not represent the actual conditions on any particular parcel
of land. Therefore, the information is not intended to take the place
of specific on-site engineering data presented to the Township at
the time applications are submitted for approval of a subdivision,
site plan, construction permit, and/or any other application which
considers the "critical areas" categories of information depicted
on the map.
Finally, while not included as a "Critical Areas" environmental
factor per se, both Wetlands and Hydric Soils have been mapped as
part of the Land Use Plan portion of the Frelinghuysen Township Master
Plan, and are subject to regulations in this ordinance and any State
and/or Federal laws which may supersede them.
B.
Regulations for Flood Plain Areas.
1.
Purpose.
The purpose of these regulations is to encourage only that development
of flood prone areas within Frelinghuysen Township which 1) is appropriate
in light of the probability of flood damage and the need to reduce
flood losses, 2) represents an acceptable social and economic use
of the land in relation to the hazards involved, 3) does not increase
the danger to human, plant or animal life, 4) provides that no decreases
in the amount of available storage for flood waters within the flood
plain results from any development; and conversely, to discourage
all other development. This zone is created in recognition of the
increased threat, severity, and frequency of floods expected to result
from continued development. It is intended to retain areas adjacent
to streams and rivers free from structures and other obstructions
to the water flow during the periodic rises in the water level.
These regulations are intended to protect flood plains so that
flood water may have a natural course to follow; that the water course
is not constricted or altered in a manner that will increase water
velocities or create a dam; that the water level may rise without
danger to persons, animals or property; that the water level may rise
and cover larger land surfaces for the purposes of greater water percolation
and recharging of the underground water supply; and that a park-like
network is developed throughout the Township along these water courses.
2.
Definitions.
a.
Appeal: A request for the review of the Planning Board Engineer's
interpretation of any provision of this Section or a request for a
variance from the Planning Board.
b.
Channel: The bed and banks of the water courses located within
the boundaries of the Township of Frelinghuysen which convey the normal
flow of said water courses most of the time.
c.
Design Flood: The relative size or magnitude of a flood, expressed
as a design discharge in cubic feet per second; which is developed
from hydrologic criteria, represents a major flood of reasonable expectancy,
reflects both flood experience and flood potential, and is the basis
of the delineation of the floodway and the flood hazard area and of
the water surface elevations thereof.
d.
Design Flood Profile: The elevations of the water surface of
the floodway design flood and the flood hazard area design flood.
e.
Development: Any man-made change to improved or unimproved real
estate including, but not limited to, buildings or other structures,
mining, dredging, filling, grading, paving, excavation or drilling
operations located within the flood hazard area.
f.
Flood Elevation Determination: A determination of the water
surface elevations of the design flood, i.e., the flood level that
has a one percent (1%) or greater chance of occurrence in any given
year.
g.
Flood Fringe Area: The portion of the flood hazard area outside
of the floodway.
h.
Flood Hazard Area: Land in the flood plain subject to a one
percent (1%) or greater chance of flood in any given year.
j.
Flood Plain: The relatively flat area adjoining a water channel
which has been or may be covered by flood water of the channel.
k.
Flood Plain Management Regulations: State or local regulations,
in any combination thereof, which provide standards for the purpose
of flood damage prevention and reduction.
l.
Floodway: The river or other watercourse and the adjacent land
area that must be reserved in order to discharge the design flood
without cumulatively increasing the water surface elevation more than
two-tenths (0.2) foot.
m.
Habitable Floor: For flood plain management purposes, any floor,
including the basement, usable for living purposes, which includes
working, sleeping, eating, cooking or recreation, or a combination
thereof. A floor used only for storage purposes is not a "habitable
floor".
n.
New Construction: Structures for which the start of construction
commenced on or after the effective date of this ordinance.
o.
New Jersey Floodway Design Flood: The discharge from a flood
having a one percent (1%) chance of being equalled or exceeded in
any given year.
p.
New Jersey Flood Hazard Area Design Flood: The discharge resulting
from a flood having a one percent (1%) chance of being equalled or
exceeded in any given year plus twenty-five percent (25%).
q.
Structure: For flood plain management purposes, a walled or
roofed building, including a gas or liquid storage tank, that is principally
above ground. For insurance purposes, "structure" means a walled and
roofed building, other than a gas or liquid storage tank, that is
principally above ground and affixed to a permanent site. For the
latter purpose, the term includes a building while in the course of
construction, alteration or repair but does not include building materials
or supplies intended for use in such construction, alteration or repair,
unless such material or supplies are within an enclosed building on
the premises.
r.
Substantial Improvement: Any repair,
reconstruction or improvement of a structure, the cost of which equals
or exceeds fifty percent (50%) of the market value of the structure
either:
1)
Before the improvement or repair is started; or,
2)
If the structure has been damaged
and is being restored, before the damage occurred. For the purpose
of this definition, "substantial improvement" is considered to occur
when the first alteration of any wall, floor or other structural part
of the floor commences, whether or not that alteration affects the
external dimensions of the structure. The term does not, however,
include either:
(a)
Any project for improvement of a structure to comply
with existing State or local health, sanitary or safety code specifications
which is solely necessary to assure safe living conditions; or,
(b)
Any alteration of a structure listed on the National
Register of Historic Places or the State Inventory of Historic Places.
s.
Variance: A grant of relief by the Planning Board from the requirements
of this Section permitting construction in a manner otherwise prohibited
by this Section because the literal enforcement would result in unnecessary
hardship.
C.
Site Plan Review.
All proposals for any development within a flood plain area
shall require site plan approval by the Planning Board in accordance
with Section 800 of this ordinance; provided, however, that when a
plan does not include the construction of permanent buildings or structures
but, instead, includes such work as grading, landscaping, work associated
with agricultural uses and similar uses, and where, in the opinion
of the Planning Board Engineer, the proposed work is of such a minor
nature that Planning Board review is not required, site plan approval
by the Planning Board may be waived. In any case, all other requirements
of this Section shall apply.
Fees shall be as provided for site plans in Section 901 of this
ordinance and public notice of public hearings shall be given as stipulated
for site plans in Section 706D of this ordinance. In addition to the
applicable information required for preliminary site plan approval
stipulated in Section 804 of this ordinance, the following additional
information shall be provided:
1.
Proposed finished grade elevations at the corners of any structure
or structures.
2.
The extent of proposed or previous filling, cutting or regrading
of the land, if any.
3.
The location, type and size of all existing and proposed erosion
and siltation control measures, such as slope protection, soil stabilization,
sedimentation basins, sediment trap headwalls and aprons.
4.
Proof of stream encroachment lines (floodway) obtained from the Department
of Environmental Protection. Should this information not be available
through the Department of Environmental Protection, it is required
that the applicant submit a floodway delineation for the reach of
the stream involved with all required engineering data to the Planning
Board Engineer for review and approval.
5.
The applicant should be prepared
to present evidence that the proposal:
a.
Has an inherent low flood damage potential.
b.
Either acting alone or in combination with the existing or future
uses will not obstruct flood flows or increase flood heights and/or
velocities or reduce ground absorption or storage volume of storm
water.
c.
Does not affect adversely the water carrying or storage capacity
of the channel, floodway or flood fringe areas.
d.
Does not increase local run-off and erosion and provides proper
drainage of the area to an existing adequate water course or drainage
system.
e.
Does not unduly stress or degrade the natural environment of
the flood plain or degrade the quality of surface water or the quality
or quantity of ground waters.
f.
Does not require channel modification or relocation.
g.
Is set forth in this ordinance as a permitted use.
h.
Is not a prohibited use in that portion of the flood plain where
proposed to be located.
6.
Where required by the Planning Board, the applicant shall furnish
information relating to subsurface conditions based on percolation
tests and soil borings or probes. Test borings or probes shall be
performed by a licensed professional engineer and shall be in accordance
with acceptable engineering standards and practices. Written notification
of intention to conduct such tests shall be forwarded to and received
by the Planning Board Engineer at least two (2) working days prior
to testing. A detailed report of the test shall be submitted to the
Planning Board and the Planning Board Engineer for review.
D.
Uses In Floodways And Flood Fringe Areas.
1.
Prohibited Uses.
No person shall hereafter engage in, cause or permit other persons
to engage in prohibited uses within a delineated flood plain. The
following uses shall be prohibited:
a.
Placing, depositing or dumping any vehicles, solid waste, garbage,
refuse, trash, rubbish or debris.
b.
Dumping or discharging untreated domestic sewerage or industrial
waste, either solid or liquid.
c.
Storage or disposal of pesticides.
d.
Storage or processing of materials that are in time of flooding
buoyant, flammable or explosive.
e.
The storage or processing of hazardous materials that could
be injurious in time of flooding to human, animal or plant life.
f.
New construction of any structure.
2.
Permitted Uses in Floodways.
Within any floodway area, no encroachments, including fill,
new construction, substantial improvements, or other development shall
be permitted unless a technical evaluation demonstrates that encroachment
shall not result in any increase in flood lands during the occurrence
of a flood having a one percent (1%) chance of being equalled or exceeded
in any given year.
Channel improvements or changes may be permitted only in connection
with stream improvements and stabilization, which improvements or
changes have the approval of the State Department of Environmental
Protection, the Warren County Planning Board and the Frelinghuysen
Township Planning Board. The accepted practices of soil husbandry
and farming as well as recreational uses in the nature of parks, wildlife
preserves, play yards, picnic areas, golf courses and boat landings
shall be permitted. Any proposed use involving the removal of trees
shall be undertaken in accordance with the approval of the Frelinghuysen
Township Planning Board. Material, equipment or vehicles related to
and used in conjunction with a permitted use shall not be parked or
stored in the floodway area.
3.
Permitted Uses In The Flood Fringe
Areas.
Within any flood fringe area, the accepted practices of soil
husbandry and farming as well as restricted uses in the nature of
parks, wildlife preserves and undeveloped common open space shall
be permitted provided site plan approval is acquired from the Township.
Additionally, improvements, including substantial improvements, may
be made to structures existing within the flood fringe area on the
date of adoption of this ordinance provided that the lowest habitable
floor is at a minimum of one foot (1') above the flood hazard design
elevation and provided further that:
E.
Conditions Of Approval.
The Planning Board may impose such conditions on permitted uses
as it deems appropriate in order to promote the public safety, health
and welfare to protect public and private property, wildlife and fisheries
and to preserve and enhance the natural environment of the flood plain.
No Certificate of Occupancy shall be issued unless all conditions
of approval have been complied with. In all flood hazard areas, the
following conditions are specified in any case:
1.
All substantial improvements shall be constructed with materials
and utility equipment resistant to flood damage.
2.
All substantial improvements shall be constructed by methods and
practices that minimize flood damage.
3.
All new and replacement water supply systems shall be designed to
minimize or eliminate infiltration of flood waters into the system.
4.
All new and replacement sanitary sewerage systems shall be designed
to minimize or eliminate infiltration of flood waters into the system
and discharges from the system into the flood waters.
5.
On-site waste disposal systems shall be located to avoid impairment
to them or contamination from them during flooding.
6.
All substantial improvements shall be anchored to prevent flotation,
collapse or lateral movement of the structure.
7.
All subdivision proposals shall be consistent with the need to minimize
flood damage.
8.
All subdivision proposals shall have public utilities and facilities
such as sewer, gas, electrical and water systems located and constructed
to minimize flood damage.
9.
All subdivision proposals shall have adequate drainage provided to
reduce exposure to flood damage.
10.
Appropriate and adequate controls on operations, sureties, deed
restrictions and maintenance bonds shall be provided.
11.
The construction of storm water detention and/or retention facilities,
channel modifications, dikes, levees and other protective measures
shall be required.
12.
The installation of an adequate flood warning system shall be
required.
13.
The postponement of development until such a time as protective
measures are installed or implemented shall be required.
14.
Substantial improvement of any residential structure shall have
the lowest habitable floor, including a cellar or basement, elevated
to one (1) foot above the design flood elevation.
15.
Substantial improvement of any
commercial, industrial or other non-residential structure shall either
have the lowest floor, including a cellar or basement, elevated to
one (1) foot above the design flood elevation or, together with the
attendant utility and sanitary facilities, be floodproofed so that
below the design flood level the structure is water tight with walls
substantially impermeable to the passage of water and with structural
components having the capability of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy. A licensed professional engineer or
architect shall certify that the standards of this Section are satisfied.
Such certification shall be provided to the Planning Board. Any or
all of the following floodproofing measures may be required:
a.
Installation of watertight doors, bulkheads and shutters, or
similar devices.
b.
Reinforced walls to resist water pressure.
c.
Use of paints, membranes or mortars to reduce seepage of water
through walls.
d.
Addition of weights to structures to resist flotation.
e.
Installation of pumps to lower water levels of structures.
f.
Pumping facilities or comparable measures for the subsurface
drainage systems of the building to relieve external foundation wall
and basement flood pressures. Over the sidewalk and under the sidewalk
gravity or sump pump drains are not permitted. All such drains shall
outlet into an existing adequate water course or drainage system.
g.
Construction that resists rupture or collapse caused by water
pressure or floating debris.
h.
Installation of valves or controls on sanitary and storm drains
which will permit the drains to be closed to prevent backup of sewerage
or storm waters into the structure; gravity drainage of basements
may be eliminated by mechanical devices.
i.
Location of all electrical equipment, circuits and installed electrical
appliances in a manner which will assure they are not subject to inundation
and flooding.
16.
Fill shall be no lower than one (1) foot above the flood hazard
design elevation and shall extend at such height for a distance of
at least fifteen (15) feet beyond the limits of any structure erected
thereon.
17.
Structures on fill shall be so built that the basement, or in
the event there is no basement, that the lowest habitable floor is
at a minimum of one (1) foot above the flood hazard design elevation;
this should be accomplished without transporting off-site fill to
the site.
F.
Variances From Conditions.
Variances from the conditions of this Section may be issued
by the Frelinghuysen Township Planning Board in conformance with the
following provisions:
1.
For the reconstruction, rehabilitation or restoration of structures
listed on the National Register of Historic Places or the State Inventory
of Historic Places.
2.
If an increase in flood levels within any designated floodway or
flood fringe area would not occur during the design flood.
3.
Upon a determination that the variance is the minimum necessary to
afford relief considering the flood hazards.
4.
Upon a determination that failure to grant the variance would result
in exceptional hardship to the applicant and a determination that
the granting of the variance will not result in increased flood heights,
additional threats to public safety, extraordinary public expense,
create nuisances, cause fraud on or victimization of the public or
conflict with existing local laws or ordinances.
G.
Flood Insurance.
Flood insurance in accordance with the Federal Insurance Agency
shall be required for all developments in the flood plain.
H.
Warning and Disclaimer.
The degree of flood protection required herein is considered
reasonable for regulatory purposes and is based on scientific and
engineering considerations. Larger floods can and will occur on rare
occasions. Flood heights may be increased by man-made or natural causes.
This ordinance does not imply that land outside flood hazard areas
will be free from flooding or flood damage. This ordinance shall not
create liability on the part of the Township of Frelinghuysen or by
any other officer or employee thereof for any flood damages that result
from reliance on this ordinance or any administrative decision lawfully
made thereunder.
I.
Steep Slopes.
1.
The purpose of designating steep slopes as a "critical area" is to
prevent soil erosion and stormwater runoff resulting from development
of such steep slope lands.
2.
If a tract or individual lot that is the subject of a site plan or
subdivision application includes a portion of its area in slopes over
fifteen percent (15%), the applicant shall demonstrate to the satisfaction
of the Planning Board or Zoning Board of Adjustment, as the case may
be, that development of the tract or lot will not increase stormwater
runoff beyond the rate of runoff in its undeveloped state, or create
soil erosion, as a result of disturbance or development of the steep
slope areas.
3.
Moreover, in addition to the minimum lot area requirements in the
"AR-2," and "AR-6" zones, development in all zones shall occur only
on the portion of the tract outside the steep slope area, where feasible.
"Development" shall include structures, roads, wells and sewage disposal
systems.
[Ord. #98-01 §§ 19—26; Ord. #98-01A
§§ 24—31; Ord. #2000-04 § 1; Ord. #2004-01
§ 3; Ord. #2004-01 § 2; Ord. #2005-13 § 4]
A.
Types and Locations.
Lot Size Averaging is permitted in the VN-1, VN-2, and AR-6
zones.
B.
Lot Size Averaging.
1.
Purpose.
The purpose of residential lot size averaging is to promote
subdivision design that will preserve environmentally sensitive areas
such as stream corridors, ponds, wetlands and steep slopes; stone
rows, tree rows and hedge rows; provide open space for visual amenity;
minimize stormwater runoff by reducing impervious surfaces and retaining
natural vegetation; conserve energy through more efficient use of
land and roads; and promote a sense of community.
2.
Maximum Number of Dwelling Units Permitted.
The maximum number of dwelling units permitted within a residential
development shall be that which is otherwise achievable under conventional
single family development. For purposes of this determination a "Qualifying
Map" shall be prepared. This Qualifying Map shall indicate generally
that the soils, means of access and topography are suitable for the
creation of single family lots generally meeting all standards adopted
in this code for adequate single family lots.
3.
Area and Yard Requirements.
|
Zone
| |||
|---|---|---|---|
|
Lot Area
|
VN-1
|
VN-2
|
AR-6
|
|
Minimum
|
1.0 acre*
|
1.0 acre*
|
1.25 acres
|
|
Average
|
1 acre
|
2 acres
|
6 acres
|
*Using conventional well and septic system design for
each lot. Where alternative designs such as a community water system
or alternative septic system design or community waste- water system
are available and when it is demonstrated that the proposed system
will meet or exceed the water quality standards of a conventional
septic system, minimum lot sizes may be decreased in the VN-1 and
VN-2 zones to a minimum of 0.75 acre and in the AR-6 zone to a minimum
of one (1) acre. Designated geologic formations are those specified
in the Geologic Formations Map in the Township of Frelinghuysen Natural
Resources Element of the Master Plan.
Minimum Bulk Requirements for Lots of Less than 2 Acres
All bulk requirements for reduced sized lots under lot size
averaging for both principal building and accessory building shall
comply with the following:
|
Minimum
| |
|
Front yard setback
|
80'
|
|
Side yard setback
|
40'
|
|
Rear yard setback
|
75'
|
|
Distance to any other building
|
15'
|
|
Maximum
| |
|
Building coverage by Principal building
|
10%
|
|
Building coverage by Accessory buildings
|
2%
|
Where lots exceed the minimum lot areas in a given zone,
bulk requirements shall be as set forth in 402 and 403.
4.
Lot Size Averaging Requirements.
A lot size averaging proposal shall include provisions for the
preservation and protection of features which significantly contribute
to the rural character of Frelinghuysen Township. These features include,
without limitation, stone rows, sink holes, tree rows, hedge rows,
streams, rock outcroppings, significant tree stands as well as specimen
trees. Drainage shall be designed so as to retain as much stormwater
as possible on site without resort to significant collection facilities.
Curbing shall be minimized, and shall be provided when necessary to
control stormwater flows for roads with a grade in excess of seven
percent (7%). Dwellings shall be constructed so as to tie roof drains
and leaders into dry wells wherever possible. Driveways shall be constructed
so as to avoid discharge of stormwater drainage into public streets.
Yards shall be graded, so as to retain stormwater flows, subject to
a finding by the Board that waste disposal, structural integrity of
the dwelling, and residents' health, safety and welfare are not compromised.
5.
Utility Services.
Where an applicant can demonstrate that construction of a central
water service facility central sewerage service facility and/or alternative
design for individual subsurface disposal systems is appropriate and
meets the standards promulgated by the New Jersey Department of Health,
Warren County Health Department, Frelinghuysen Township Board of Health
and/or others having jurisdiction over these matters, minimum lot
size may be reduced to 0.75 acres.
6.
Lot Size Averaging.
Lot size averaging is an approach to development which is encouraged
by the Township. However, lot size averaging shall be permitted by
the Planning Board in its sole discretion rather than a matter of
right. In the event that the Planning Board finds that the proposed
lot size averaging scheme does not meet the objectives enumerated
hereinabove or such other objectives set out in the duly adopted Township
Master Plan, the Board shall deny such approach and the developer
applicant shall have the right to propose a conventional subdivision
in accordance with the standards contained in this Code.
9.
Open Space Requirements.
a.
Land area equal to a minimum of thirty percent (30%) of the
tract of land proposed for residential development shall not be included
in lots and shall be set aside for conservation, open space, flood
plain, recreation and/or other common space. Such lands shall be optimally
related to the overall plan and design of the development, shall be
improved to best suit the purpose(s) for which they are intended,
and shall be situated within Frelinghuysen Township. Land utilized
for street rights-of-way shall not be included as part of the above
thirty percent (30%).
b.
In its preparation of the set-aside common open space and the
purposes proposed for its use, the developer shall be guided by the
recommendations contained within the Township Master Plan prepared
by the Planning Board. High priority concerns include:
(2)
The conservation of stream rambles throughout the Township for
passive recreational use;
(3)
The location and construction of adequate active recreational
facilities for the residents of the Township;
(4)
The common open space shall be distributed throughout the development
so that as many residential lots as is practicable abut and have access
to the common open space.
c.
The Township shall review the submitted common open space plan
in the context of the particular development proposal, the particular
characteristics of the subject land area, and the ability, desirability
and practicality of relating the proposed open space to adjacent and
nearby lands.
d.
Should the proposed development consist of a number of stages,
the Planning Board may require that acreage proportionate in size
to the stage being considered for final approval be set aside simultaneously
with the granting of final approval for that particular stage, even
though these lands may be located in a different section of the overall
development.
e.
Common open space may be offered for dedication to the Township
or dedicated to an open space organization or trust, with incorporation
and by-laws to be approved by the Planning Board. If common open space
is not dedicated and accepted by the Township, the landowner shall
provide for and establish an open space organization or trust for
the ownership and maintenance of the common open space. Such organization
or trust shall not be dissolved, nor shall it dispose of any common
open space by sale or otherwise, except to an organization conceived
and established to own and maintain the common recreation areas and
development open space, and without first offering to dedicate the
same to the Township.
(1)
If the applicant proposes that the common open space shall be
dedicated to the Township, then the Planning Board shall forward such
request with its recommendation to the Township Committee prior to
the granting of preliminary plan approval of any development application
containing common open space.
(2)
All lands not offered to and/or not accepted by the Township
shall be owned and maintained by an open space organization or trust
as provided in N.J.S.A. 40:55D-43 and stipulated herein.
f.
In the event that the organization created for common open space
management shall fail to maintain any open space or recreation area
in a reasonable order and condition in accordance with the plan, the
Township may serve notice upon such organization or upon the owners
of the development, setting forth the manner in which the organization
has failed to maintain such areas in reasonable conditions, and said
notice shall include a demand that such deficiencies of maintenance
be cured within thirty (30) days thereof and shall set the date and
place of a hearing thereon which shall be held within fifteen (15)
days of the notice. At such hearing the Township may modify the terms
of the original notice as to the deficiencies and may give an extension
of time not to exceed sixty-five (65) days, within which time the
deficiencies shall be cured.
(1)
If the deficiencies set forth in the original notice or in modifications
thereof shall not be cured within said thirty (30) days or any extension
thereof, the Township, in order to preserve the common open space
and maintain the same for a period of one year, may enter upon and
maintain such land. Said entry and said maintenance shall not vest
in the public any rights to use the open space and recreation areas
except when the same is voluntarily dedicated to the public by the
owners.
(2)
Before the expiration of said year, the Township shall, upon
its initiative or upon the request of the organization theretofore
responsible for the maintenance of said areas, call a public hearing
upon fifteen (15) days written notice to such organization and to
the owners of the development to be held by the Township, at which
hearing such organization and owners of the development shall show
cause why such maintenance by the municipality shall not, at the election
of the Township, continue for a succeeding year. If the Township shall
determine that such organization is ready and able to maintain such
open space and recreation areas in reasonable condition, the Township
shall cease to maintain such open space and recreation areas at the
end of said year. If the Township shall determine such organization
is not ready and able to maintain said open space and recreation areas
in a reasonable condition, the Township may, in its discretion, continue
to maintain said open space and recreation areas during the next succeeding
year and, subject to a similar hearing and determination, in each
year thereafter. The decision of the Township in any case shall constitute
a final administrative decision subject to judicial review.
(3)
The cost of such maintenance by the Township shall be assessed
pro rata against the properties within the development that have a
right of enjoyment of the open space in accordance with the assessed
value at the time of imposition of the lien, and shall become a lien
and tax on said properties and be added to and be a part of the taxes
to be levied and assessed thereon, and enforced and collected with
interest by the Township in the same manner as other taxes.
g.
Any open space organization or trust initially created by the
developer shall clearly describe in its by-laws the rights of the
municipality and the rights and obligations of the homeowners and
tenants in the residential development and the articles of incorporation
of the organization shall be submitted for review by the Planning
Board prior to the granting of final approval by the Township.
C.
Multi Use and Large Scale Developments.
1.
Any developer of a parcel of land greater than one hundred (100)
acres in size for which the developer is seeking approval on a planned
development may submit a general development plan to the Planning
Board prior to the granting of preliminary approval of that development
by the Planning Board.
2.
The Planning Board shall grant or deny general development plan approval
within ninety-five (95) days after submission of an application deemed
complete by the Board, or within such further time as may be consented
to by the applicant. Failure of the Planning Board to act within the
period prescribed shall constitute general development plan approval
of the planned development.
3.
General Development Plan - General
Requirements.
a.
The general development plan shall set forth the permitted number
of dwelling units, the amount of nonresidential floor space, the residential
density, and the nonresidential floor area ratio for the planned development,
in its entirety, according to a schedule which sets forth the timing
of the various sections of the development. The planned development
shall be developed in accordance with the general development plan
approved by the Planning Board notwithstanding any provision of P.L.
1975, c. 291 (C. 40:55D-1 et seq.), or an ordinance or regulation
adopted pursuant thereto after the effective date of the approval.
b.
The term of the effect of the general development plan approval shall be determined by the Planning Board using the guidelines set forth in subsection c of this section, except that the term of the effect of the approval may be up to twenty (20) years from the date upon which the developer receives final approval of the first section of the planned development.
c.
In making its determination regarding the duration of the effect
of approval of the development plan, the Planning Board shall consider:
the number of dwelling units or amount of nonresidential floor area
to be constructed, prevailing economic conditions, the timing schedule
to be followed in completing the development and the likelihood of
its fulfillment, the developer's capability of completing the proposed
development, and the contents of the general development plan and
any conditions which the planning board attaches to the approval thereof.
4.
General Development Plan - Required
Contents.
a.
A general land use plan at a scale specified by ordinance indicating
the tract area and general locations of the land uses to be included
in the planned development. The total number of dwelling units and
amount of nonresidential floor area to be provided and proposed land
area to be devoted to residential and nonresidential use shall be
set forth. In addition, the proposed types of nonresidential uses
to be included in the planned development shall be set forth, density
and intensity of use of the entire planned development shall be set
forth, and a residential density and a nonresidential floor area ratio
shall be provided;
b.
A circulation plan showing the general location and types of
transportation facilities, including facilities for pedestrian access,
within the planned development, and any proposed improvements to the
existing transportation system outside the planned development;
c.
An open space plan showing the proposed land area and general
location of parks and any other land area to be set aside for conservation
and recreational purposes and a general description of improvements
proposed to be made thereon, including a plan for the operation and
maintenance of parks and recreational lands;
d.
A utility plan indicating the need for and showing the proposed
location of sewage and water lines, any drainage facilities necessitated
by the physical characteristics of the site, proposed methods for
handling solid waste disposal, and a plan for the operation and maintenance
of proposed utilities;
e.
A storm water management plan setting forth the proposed method
of controlling and managing storm water on the site;
f.
An environmental inventory in accordance with the provisions
of Section 804 C 2 of this Code, including a general description of
the vegetation, soils, topography, geology, surface hydrology, climate
and cultural resources of the site, existing man-made structures or
features and the probable impact of the development on the environmental
attributes of the site;
g.
A community facility plan indicating the scope and type of supporting
community facilities which may include, but not be limited to, educational
or cultural facilities, historic sites, libraries, hospitals, firehouses,
and police stations;
h.
A housing plan outlining the number of housing units to be provided
and the extent to which any housing obligation assigned to the municipality
pursuant to P.L. 1985, c. 222 (C. 52:27D-301 et seq.) will be fulfilled
by the development;
i.
A local service plan indicating those public services which
the applicant proposes to provide and which may include, but not be
limited to, water, sewer, cable and solid waste disposal;
j.
A fiscal report describing the anticipated demand on municipal services to be generated by the planned development and any other financial impacts to be faced by municipality or school districts as a result of the completion of the planned development. The fiscal report shall also include a detailed projection of property tax revenues which will accrue to the county municipality and school district according to the timing schedule provided under subsection k of this section, and following the completion of the planned development in its entirety;
k.
A proposed timing schedule in the case of a planned development
whose construction is contemplated over a period of years, including
any terms or conditions which are intended to protect the interests
of the public and of the residents who occupy any section of the planned
development prior to the completion of the development in its entirety;
and
l.
A municipal development agreement, which shall mean a written
agreement between a municipality and a developer relating to the planned
development.
5.
Modification of Timing Schedule. In the event that the developer
seeds to modify the proposed timing schedule, such modification shall
require the approval of the Planning Board. The Planning Board shall,
in deciding whether or not to grant approval of the modification,
take into consideration prevailing economic and market conditions,
anticipated and actual needs for residential units and nonresidential
space within the municipality and the region, and the availability
and capacity of public facilities to accommodate the proposed development.
6.
Variation in Certain Physical Features,
Approval Required.
a.
Except as provided hereunder, the developer shall be required
to gain the prior approval of the Planning Board if, after approval
of the general development plan, the developer wishes to make any
variation in the location of land uses within the planned development
or to increase the density of residential development or the floor
area ratio of nonresidential development in any section of the planned
development.
b.
Any variation in the location of land uses or increase in density
or floor area ratio proposed in reaction to a negative decision of,
or condition of development approval imposed by the Department of
Environmental Protection or other Federal, State or County agency
having jurisdiction, shall be approved by the Planning Board if the
developer can demonstrate, to the satisfaction of the Planning Board,
that the variation being proposed is a direct result of such determination
by the Department of Environmental Protection.
7.
Amendments, Approval Required.
a.
Except as provided hereunder, once a general development plan
has been approved by the Planning Board, it may be amended or revised
only upon application by the developer approved by the Planning Board.
b.
A developer, without violation the terms of the approval pursuant
to this act, may, in undertaking any section of the planned development,
reduce the number of residential units or amounts of nonresidential
floor space by no more than fifteen percent (15%) or reduce the residential
density or nonresidential floor area ratio by no more than fifteen
percent (15%); provided, however, that a developer may not reduce
the number of residential units to be provided pursuant to P.L. 1985,
c. 222 (C. 52:27D-301 et al.), without prior municipal approval.
8.
Completion of Development Sections.
a.
Upon the completion of each section of the development as set
forth in the approved general development plan, the developer shall
notify the administrative officer, by certified mail, as evidence
that the developer is fulfilling his obligations under the approved
plan. For the purposes of this section, "completion" of any section
of the development shall mean that the developer has acquired a Certificate
of Occupancy for every residential unit or every nonresidential structure,
as set forth in the approved general development plan. If the municipality
does not receive such notification at the completion of any section
of the development, the municipality shall notify the developer, by
certified mail, in order to determine whether or not the terms of
the approved plan are being complied with.
If a developer does not complete any section of the development
within eight (8) months of the date provided for in the approved general
development plan, or if at any time the municipality has cause to
believe that the developer is not fulfilling his obligations pursuant
to the approved general development plan, the municipality shall notify
the developer, by certified mail, and the developer shall have ten
(10) days within which to give evidence that he is fulfilling his
obligations pursuant to the approved general development plan. The
municipality thereafter shall conduct a hearing to determine whether
or not the developer is in violation of the approved plan. If, after
such a hearing, the municipality finds good cause to terminate the
approval, it shall provide written notice of same to the developer
and the approval shall be terminated thirty (30) days thereafter.
b.
In the event that a developer who has general development plan
approval does not apply for preliminary approval of the planned development
which is the subject of that general development plan approval within
five (5) years of the date upon which the general development plan
has been approved by the Planning Board, the municipality shall have
cause to terminate the approval.
9.
Termination of General Development Approval. In the event that a
development which is the subject of an approved general development
plan is completed before the end of the term of the approval, the
approval shall terminate with the completion of the development. For
the purposes of this section, a development shall be considered complete
on the date upon which a Certification of Occupancy has been issued
for the final residential or nonresidential structure in the last
section of the development in accordance with the timing schedule
set forth in the approved general development plan and the developer
has fulfilled all of his obligations pursuant to the approval.
10.
This section of the Code shall apply in addition to all other
requirements for subdivision or site plan review and approval as set
forth in the Code of the Township of Frelinghuysen.
[Ord. #94-09 §§ 4—7]
Wetlands and Hydric Soils have been mapped as part of the Land
Use Plan portion of the Frelinghuysen Township Master Plan. The wetlands
of Frelinghuysen Township are scattered throughout the Township and
are an indispensable and fragile natural resource subject to flooding,
erosion, and soil limitations.
A.
Basis for Establishing Wetlands Protection.
Freshwater wetlands play an integral role in maintaining the
quality of life through material contribution to the water quality
of the Township, its economy, food supply, and fish and wildlife resources
by:
1.
Protecting subsurface and potable drinking water supplies from contamination
with hazardous chemicals by serving to purify surface water and groundwater
resources;
2.
Providing a natural means of flood and storm damage protection through
absorption and storage of water during high runoff periods and through
the reduction of flood crests, thereby protecting against the loss
of life and property;
3.
Serving as a buffer zone between dry land and water courses, thereby
retarding soil erosion;
4.
Providing essential breeding, spawning, nesting and wintering habitats
for a major portion of the Township's fish and wildlife, including
migrating birds, endangered species, and commercially and recreationally
important wildlife.
5.
Maintaining critical base flow to surface waters through the gradual
release of stored flood waters and ground water, particularly during
drought periods.
It is the policy of Frelinghuysen Township that activities in
or affecting wetlands do not destroy the natural wetland functions
important to the public safety and general welfare and that it is
consistent with the public interest to establish a program of systematic
review of activities and permitted uses in order to protect this finite
and valuable resource.
B.
Definitions.
1.
"Transition area" means an area of land adjacent to a freshwater
wetland which serves to protect the wetland from adverse impacts.
The extent of the transition area shall be determined on a site specific
basis in accordance with this ordinance.
2.
"Hydrophytic Vegetation" and "Hydrophyte" means plant life adapted
to growth and reproduction under saturated root zone conditions during
a significant portion of the growing season.
3.
"Wetlands" or "Freshwater Wetlands" means those areas in which: l)
at least periodically the land supports predominantly hydrophytes;
and/or 2) the substrate is predominantly undrained hydric soil; and/or
3) the substrate is nonsoil and is saturated with water or covered
with shallow water at some time during the growing season of each
year. Wetlands generally include swamps, marshes, bogs, wet meadows
and similar areas. Such areas may be seasonally, semi-permanently
or permanently flooded. Wetlands in the Township include but are not
limited to those which have been mapped by the U.S. Fish and Wildlife
Service.
The applicant for site plan and/or subdivision review shall
delineate wetlands on the tract which is the subject of the development
application, such delineation to be prepared by a qualified consultant.
The Planning Board or Zoning Board of Adjustment, as the case may
be, may submit the delineation to the U.S. Army Corps of Engineers
for verification.
4.
"Hydric Soils" are defined by the U.S. Soil Conservation Service
as soils that are either: l) saturated at or near the soil surface
with water that is virtually lacking free oxygen for significant periods
during the growing season or, 2) flooded frequently for long periods
during the growing season. The Hydric Soils map in the Township Land
Use Plan designates those soils in the Township designated as hydric
soils.
C.
Exceptions and Variances.
The Planning Board or Zoning Board of Adjustment shall approve
development within a wetlands area or transition area in accordance
with applicable State and Federal regulation.
