[Ord. No. 636 A 101]
It is the purpose of the Township of Sparta in adopting this
Comprehensive Land Management Code pursuant to N.J.S.A. 40:55D-1 et
seq. to promote and protect the public health, safety, morals and
general welfare and the furtherance of the following related and more
specific objectives.
To encourage municipal action to guide the appropriate use or
development of all land in the Township in a manner which will promote
public health, safety, morals and general welfare;
To secure safety from flood, fire, panic or other natural or
man-made disasters;
To provide adequate light, air and open space;
To ensure that the development of individual neighborhoods does
not conflict with the development of the general welfare of the municipality
or of neighboring municipalities, the County of Sussex and the State
of New Jersey as a whole;
To promote the establishment of appropriate population densities
in concentrations that will contribute to the well-being of persons,
neighborhoods, communities and regions and the preservation of the
environment;
To encourage the appropriate and efficient expenditure of public
funds by the coordination of public development with land use policies;
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;
To encourage the location and design of transportation routes
which will promote the free flow of traffic while discouraging location
of such facilities and routes which result in congestion or blight;
To promote a desirable visual environment through creative development
techniques and good civic design and arrangements;
To promote the conservation of open space and valuable natural
resources and to prevent urban sprawl and degradation of the environment
through improper use of land;
To encourage an appropriate housing mix according to the needs
of the municipality and region and in an appropriate scale and pace
which will not impinge upon the ability of the Township to properly
service the needs of its citizens;
To encourage coordination of the various public and private
procedures and activities shaping land development with the view of
lessening the cost of development while maintaining the quality of
development through more efficient use of land;
To promote the conservation of energy through the use of planning
practices designed to reduce energy consumption and to provide for
maximum utilization of renewable energy sources.
[Ord. No. 636 A 102]
The following portions of the Revised Ordinances of the Township of Sparta, New Jersey, (1979) are hereby repealed: Chapter 18 Land Use Procedures, Chapter 19 Comprehensive Land Management Code as amended.
[Ord. No. 636 A 103]
If any section, subsection or paragraph of this chapter shall
be declared to be unconstitutional, invalid or inoperative in whole
or in part by a court of competent jurisdiction, such section, subsection
or paragraph shall, to the extent that it is not unconstitutional,
invalid or inoperative, remain in full force and effect and no such
determination shall be deemed to invalidate the remaining sections,
subsections or paragraphs of this chapter.
[Ord. No. 636 A 201; Ord. No. 649; Ord. No.
665; Ord. No. 691 § I; Ord. No. 720 § I; Ord. No. 750 § 1; Ord. No. 772 § I; Ord.
No. 841 §§ I - III; Ord. No. 878 § 5; Ord.
No. 883 § I; Ord. No.
1001 § 2; Ord. No. 1003 § 1; Ord. No. 02-20 § 1; Ord. No. 05-03 § 5; Ord. No. 06-13 § 1; Ord. No. 07-26 § 1; Ord.
No. 10-01; Ord. No. 11-05 § 1; Ord. No. 12-01 § 1; Ord. No. 13-04; Ord. No. 2016-21 § 1; amended 3-10-2020 by Ord. No. 2020-04; 2-23-2021 by Ord. No. 2021-01]
As used in this chapter, the following words and their derivations
shall have the meaning herein given. Any word or term not defined
herein shall be defined by the unabridged edition of the Random House
Dictionary of the English Language. Moreover, whenever a term is used
in this chapter which is defined to the contrary of these sections,
it shall have the definition as stated in the Municipal Land Use Law.
When not inconsistent with the context, words used in the present
tense include the future, words in the plural include the singular,
words in the singular include the plural, words in the masculine gender
include the feminine. The word "shall" is mandatory and not merely
directory. The word "may" is permissive.
Shall mean separate or subordinate structure to the main
use on the lot.
Shall mean a use subordinate to and customarily incidental
to the principal use on the same lot.
Shall mean Township Planner or his designee.
Shall mean average daily vehicular traffic movements.
Shall mean the New Jersey Council on Affordable Housing established
under the Act and which has primary jurisdiction for the administration
of housing obligations in accordance with sound regional planning
considerations in this State.
See Farm.
Shall mean any change in or addition to the supporting members
of a building such as walls, columns, beams, girders, posts or piers.
Shall mean any place of business displaying for public patronage
or keeping for operation in excess of two mechanical or electric amusement
devices and one jukebox.
Shall mean any exterior transmitting or receiving device
mounted on a tower, building or structure, and use the communications
that radiate or capture electromagnetic waves, digital signals, analogue
signals, radio frequencies (excluding radar signals), wireless telecommunications
signals or other communication signals.
Shall mean a building or buildings containing a minimum of
10 or more “for sale” or “rental” dwelling
units, together with common elements including, but not limited to,
community rooms, exercise facilities, terraces, pergolas, indoor and
outdoor passive and/or active recreational areas, surface parking,
structured and underground garage parking and related improvements.
[Added 3-10-2020 by Ord. No. 2020-04]
Shall mean the land owner, optionee or contract purchaser,
submitting an application for development. See Developer.
Shall mean the application form, fees and all accompanying
documents required for approval of a subdivision plat, site plan,
conditional use variance or direction for the issuance of a building
permit as required by this chapter. See Complete application.
Shall mean any municipal agency acting pursuant to the authority
of N.J.S.A. 40:55D-1 et seq.
Shall mean soil that, when dry, contains not less than 4%
by weight of organic material and the balance of which is mineral
matter.
Shall mean the average of the elevations of the lowest points
taken within six feet of the four corners and the four mid-points
of the smallest rectangle that encompasses the entire building footprint.
 |
Shall mean that portion of a building mostly underground
having more than 1/2 of its clear height below the finished average
grade elevation of the adjoining ground and having at least one means
of egress to the exterior of the building.
Note: A basement shall be considered 1/2 story. A cellar
shall be considered 1/2 story if on average, a maximum of four feet
of its height is above finished grade elevation.
Shall mean an inn for temporary overnight guests providing
breakfast service only and meeting the standards of the New Jersey
Bed and Breakfast Association.
Shall mean a room planned and used primarily for sleeping.
Shall mean the aggregate of private lots, passages, rear
alleys and rear lanes, circumscribed by thoroughfares.
Shall mean a person who is not related to the principal resident
and who may or may not pay for the privilege of boarding.
Shall mean the pledge of cash or a letter of credit or an
insurance agreement, underwritten by a reputable insurance company,
which is approved as to form by the Township Attorney and as to sufficiency
by the Township Council, to provide financial surety against the act
of default of an applicant in failing to comply with standards of
this Code and/or the conditions of his approved plan.
Shall mean a strip of land containing natural woodlands to
which other planted screening materials, earth mounds or other natural
divisions may be incorporated in separating one kind of land use from
another.
Shall mean any combination of material forming any structure
which is erected on the ground and is permanently affixed thereto,
designed, intended or arranged for housing shelter, enclosure or enclosing
of persons, animals or property of any kind and having a roof.
Shall mean the ratio of the horizontal area, measured from
the exterior surface of the exterior walls including cantilever portions
of the structure of the principal structure on a lot to the total
area.
Shall mean the portion of lot remaining after required yards
are provided.
Shall mean a line established by the Zoning Ordinance, within
a lot defining the minimum distance between any structure or portion
thereof to be erected or altered, and an adjacent right-of-way, easement,
street line, property line, or common open space.
Shall mean those areas within boundaries accepted by the
Department pursuant to N.J.A.C. 7:8E-5B.
Shall mean the geographic depiction of the boundaries for
Coastal Planning Areas, CAFRA Centers, CAFRA Cores and CAFRA Nodes
pursuant to N.J.A.C. 7:7E-5B.3.
Shall mean any portion of a building completely underground
or partially underground, which does not meet the definition of basement
and has on average a maximum of four feet of its height above finished
grade elevation.
Shall mean systems, structures and physical improvements
for the movement of people, goods, water, air, sewerage or power by
means of streets, highways, towers, waterways, railways, airways,
pipes, and conduits in the handling of people and goods by such means
as terminals, stations, warehouses, other storage buildings or transshipment
points.
Shall mean the removal of all standing trees on a lot or
portion of a lot.
Shall mean the triangle formed by the point of intersection
of the right-of-way lines of two intersecting streets and the points
on each of the intersection right-of-way lines at a given distance
from the point of intersection which shall remain open and unobstructed.
Shall mean areas to be developed as single-family units according
to plan containing residential housing which has a common or public
open space as an appurtenance.
Shall mean the use of a common wireless telecommunications
tower or a common structure, by two or more wireless license holders
or unlicensed holders nevertheless regulated by the Federal Communications
Commission or by one wireless license holder for more than one type
of communications technology and/or the placement of a wireless telecommunication
tower on a structure owned or operated by utility or other public
entity.
Shall mean one of the following types of commercial development:
NEIGHBORHOODRetail shopping outlets designed and intended to serve the day-to-day convenience needs of the residents of the immediate neighborhood.
COMMUNITYRetail shopping outlets designed and intended to serve the shopping needs of the entire Township as well as additional regional demand beyond Township boundaries.
Shall mean trucks, buses and sedan delivery vehicles, station
wagons with advertising matter on the side or any other commercially
registered vehicle except a passenger car with no advertising matter
exposed to view, excluding vehicles with a chassis load of 3/4 tons
or less.
Shall mean ownership of two or more contiguous parcels of
real property by one person or by two or more beneficial owners.
Shall mean a parcel or parcels of land, or an area of water,
or a combination of land and water, within a site designed and intended
for use or enjoyment of residents and owners of the development. Common
property may contain such accessory structures and improvements as
are necessary and appropriate for the benefit of the residents and
owners of the development. The common property shall be managed in
accordance with the provisions of a homeowners' association, condominium
association, and/or restrictive deeds and covenants.
Shall mean buildings, structures, recreational devices, service
systems and other facilities generally available to and/or operated
for the benefit of residents including but not limited to swimming
pools, tennis courts, building entries and passageways, roads, drainage
systems, pedestrian and bicycle pathways, sewage treatment plants
and other facilities (municipal buildings, schools).
Shall mean the increase in soil bulk density.
Shall mean an application form completed as specified by
the Code and the rules and regulations of the Township of Sparta and
all accompanying documents and fees as required by the Code for approval
of an application for development including where applicable, but
not limited to, a site plan or subdivision plat provided that the
administrative officer may require such additional information not
specified in this Code or any revisions in the accompanying document
as are reasonably necessary to make an informed decision as to whether
the requirements necessary for approval of the application for development
have been met. The application shall not be deemed incomplete for
lack of such additional information or any revisions in the accompanying
document though required by the administrative officer or the municipal
agency. In addition, the municipal agency may waive any of the requirements
required by this Code as are appropriate due to the peculiar special
circumstances of any property and/or application. When the application
has been deemed to satisfy sufficient requirements of this Code, the
administrative officer shall immediately certify the completeness
of the application and the application shall be deemed complete on
the date certified for the purposes of commencement of the time period
for action by the municipal agency.
Shall mean a use as may be permitted in a particular zone
district only upon a showing that such use in a specified location
will comply with the conditions and standards for the location or
operation of such use as contained in this chapter and upon the issuance
of an authorization therefor by the Planning Board.
Shall mean the form of ownership of real property under a
master deed providing for ownership by one or more owners of units
of improvements together with an undivided interest in common elements
appurtenant to each such unit and meeting the requirements of the
N.J. Condominium Act.
Shall mean the land covered by the master deed whether or
not contiguous and all improvements thereon, all owned either in fee
simple or under lease, and all easements, rights and appurtenances
belonging thereto or intended for the benefit thereof.
Shall mean a pedestrian-oriented area of commercial and civic
uses serving the surrounding municipality, generally including housing
and access to public transportation.
Shall mean the area of forest patch that is greater than
300 feet from a forest edge.
Shall mean a lot at the junction of, and having frontage
on, two or more intersecting streets.
Shall mean an agency designated by the County Board of Chosen
Freeholders to review municipal stormwater management plans and implementing
ordinance(s). The County review agency may either be:
A County planning agency; or
A County water resource association created under N.J.S.A.
58:16A-55.5, if the ordinance or resolution delegates authority to
approve, conditionally approve, or disapprove municipal stormwater
management plans and implementing ordinances.
Shall mean the portion of a site, expressed as a percentage,
covered by impervious materials.
Shall mean calendar day.
Shall mean an uncovered, elevated accessory structure attached
to the principal structure with three open sides (excluding safety
railing).
Shall mean the permitted number of dwelling units per gross
area to be developed.
Shall mean the New Jersey Department of Environmental Protection.
Shall mean a person professionally qualified and duly licensed
in New Jersey to perform engineering services that may include, but
not necessarily be limited to, development of project requirements,
creation and development of project design and preparation of drawings
and specifications.
Shall mean a State Development and Redevelopment Plan Center
as designated by the State Planning Commission such as urban, regional,
town, village, or hamlet.
Shall mean the legal or beneficial owner or owners of a lot
or of any land proposed to be included in a proposed development including
the holder of an option or contract to purchase, or other person having
an enforceable proprietary interest in such land.
Shall mean the division of a parcel of land into two or more
parcels, the construction, reconstruction, conversion, structural
alteration, relocation or enlargement of any building or structure,
any mining excavation or landfill, and any use or change in the use
of any building or other structure, or land or extension of use of
land, by any person for which permission is required under the Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq. In the case of development
of agricultural lands, development means: any activity that requires
a State permit; any activity reviewed by the County Agricultural Board
(CAB) and the State Agricultural Development Committee (SADC), and
municipal review of any activity not exempted by the Right to Farm
Act, N.J.S.A. 4:1C-1 et seq.
Shall mean the diameter of a tree measured 4 1/2 feet
(forestry method) above the ground level on the downhill side of existing
trees. Trees utilized in the replacement of existing trees or proposed
in a landscape plan shall be measured 12 inches above the ground level
for trees over four inch in caliper; the measurement shall be six
inches above nursery grade for trees up to four inch caliper (nursery
method).
Shall mean the Division of State and Regional Planning in
the New Jersey Department of Community Affairs.
Shall mean the removal of surface water or ground water from
land or drains graded or by other means and including control of runoff
during and after construction or development, to minimize erosion
and sedimentation, to assure the adequacy of existing and proposed
culverts and bridges, to include water recharge into the ground where
practical, to lessen nonpoint pollution, to maintain the integrity
of stream channels for their biological functions.
Shall mean a geographic area within which stormwater, sediments,
or dissolved materials drain to a particular receiving waterbody or
to a particular point along a receiving waterbody.
Shall mean the lands required for the installation of storm
water sewers or drainage ditches, or required along a natural stream
or watercourse for preserving the channel and providing for the flow
of water therein to safeguard the public against flood damage, in
accordance with N.J.S.A. 58:1-1 to 58:1-34.
Shall mean a limiting line established by a series of perpendicular
drop points marking the maximum radius of the crown of an existing
tree, but not less than six feet from the trunk.
Shall mean any place or premises used for sale, dispensing
or serving of food, refreshment or beverage to customers in automobiles
or other motorized vehicles, including those establishments where
customers may serve the food, refreshments or beverages on the premises.
Shall mean one or more rooms, designed, occupied or intended
for occupancy as separate living quarters with cooking, sleeping and
sanitary facilities provided within the dwelling unit for the exclusive
use of a single family maintaining a household.
Shall mean a right which one person has to use the lands
of another (owner) for a specific purpose not inconsistent with the
general property rights of the owner.
Shall mean a neighborhood designated by the Urban Coordinating
Council "in consultation and conjunction with" the New Jersey Redevelopment
Authority pursuant to N.J.S.A. 55:19-69.
Shall mean least cost housing units of any type usually with
one bedroom designed for occupancy by young married couples, singles
and divorced citizens often designed with the possibility for expansion
of living area to include more than one bedroom.
Shall mean an area or feature which is of significant environmental
value, including but not limited to: stream corridors; natural heritage
priority sites; habitat of endangered or threatened species; large
areas of contiguous open space or upland forest; steep slopes; and
well head protection and groundwater recharge areas. Habitats of endangered
or threatened species are identified using the Department's Landscape
Project as approved by the Department's Endangered and Nongame Species
Program.
Shall mean a facility dedicated to boarding, training of
horses, and the holding of equestrian events, including show rings
(indoor or outdoor), stables, practice facilities, barns, polo grounds
and similar infrastructure dedicated to horses.
Shall mean the detachment and movement of soil or rock fragments
by water, wind, ice or gravity.
Shall mean the erection, construction, alteration or maintenance
by public utilities or municipal or other governmental agencies of
underground, surface or overhead gas, electrical, steam or water transmission
systems, including poles, wires, mains, drains, sewers, pipes, conduits,
cables, fire alarm boxes, control boxes, transformers, junction boxes,
police call boxes, traffic signals, light stations, telephone lines,
hydrants or other similar equipment and accessories therewith reasonably
necessary for the furnishing of adequate service by such utility or
governmental agency for the public safety, health and general welfare.
"Essential service" shall include firehouses and fire stations and
first aid and emergency aid squads. Underground utilities shall be
subject to requirements of the Public Utilities Commission as well
as other municipal ordinances where appropriate.
Shall mean any number of persons maintaining a single household.
A "family" may include foster children placed in such households by
the State Division of Youth and Family Services or a duly incorporated
child care agency but shall not include roomers or members of a fraternity
or sorority.
Shall mean an area of land which is actively devoted to agricultural
or horticultural use which occupies no less than five acres, exclusive
of the land upon which the farmhouse is located and such additional
land may actually be used in connection with the firehouse as provided
in N.J.S.A. 54:4-23, 4-23.4, 4-23.11.
See General Regulations.
Shall mean the official action of the Planning Board or Board
of Adjustment taken on a development plan which has been given preliminary
approval, and after all conditions, engineering plans, and other requirements
have been completed or fulfilled, and the required improvements have
been installed, or guarantees properly posted for their completion,
or approval, conditioned upon the position of such guarantees.
Shall mean the final map of all or a portion of the subdivision
which is presented to the Planning Board for final approval in accordance
with these regulations and which, if approved, shall be filed with
the proper County Recording Officer.
Shall mean the relatively flat area joining the water channel
which has been or may be covered by flood water of the channel including
the following components:
FLOODWAYThe river or other watercourse on the adjacent area that must be reserved in order to discharge the design flood without cumulatively increasing the water surface elevation more than one foot.
FLOOD HAZARD AREALand in the flood plain consisting of the floodway and flood fringe area.
FLOOD FRINGE AREAPortion of flood hazard area outside the floodway.
Shall mean the area of all floors computed by using the dimensions
of the outside walls of each floor of a building. In computing the
second floor area, only those areas having a five-foot or more clear
headroom with completed floor/ceiling partitions and a minimum ceiling
height of seven feet six inches may be considered.
Shall mean the area between a building facade and the vehicular
lanes, inclusive of its built and planted components. Frontage is
divided into private frontage and public frontage.
Shall mean a detached accessory building or portion of a
main building for the parking or temporary storage of automobiles
of occupants of the main building and wherein not more than one space
is rented to persons not resident of the lot or not more than one
commercial vehicle with a rated capacity to exceed 3/4 ton.
Shall mean any building, premises or land in which or upon
which a business, service or industry involving the retail sales or
rental of new or used motor vehicles, prepackaged motor fuel or motor
vehicle parts is conducted or rendered other than service stations,
automotive, as defined in this section.
Shall mean the Mayor and Council of the Township of Sparta.
Shall mean:
Shall mean the total gross household income from all sources
of all members of the household in determining the amounts of income
to be excluded. The Township shall consider the number of minor children
in the household and such other factors as are given similar consideration
under Federal and State subsidized housing guidelines.
Shall mean a space under a sloping roof which has an internal
stairway as a means of access and egress and in which the ceiling
area at a height of five feet above the 1/2 story floor joists is
less than 50% of the entire floor directly below.
Note: A basement shall be considered 1/2 story. A cellar
shall be considered 1/2 story if on average, a maximum of four feet
of its height is above finished grade elevation.
Shall mean the vertical distance from the finished average
grade elevation to the top of a structure or the highest point of
the roof surface of a building.
Shall mean any building, structure, area or property that
is significant in history, architecture or archaeology or culture
of the State, its communities, or the nation, and has been so designated
by the State or National Register of Historic Places.
Shall mean any activity carried out for gain by a resident
such as a physician, surgeon, dentist, lawyer, bookkeeper, accountant,
auditor, business and computer consultant, architect, engineer, seamstress,
artist, tutor, broker or member of a design profession, incidental
to and carried out by the person residing on the premises.
Shall mean a duly incorporated organization of property owners
with mandatory membership by each purchaser of property usually for
the maintenance and/or operation of common facilities or services.
Shall mean a facility offering transient lodging accommodations
to the general public and providing additional services, such as restaurants,
meeting rooms, health club and spas and catering facilities with access
to guest rooms via hallways from a main lobby.
Shall mean that portion of one lot or more than one lot which
is improved or is proposed to be improved with principal and accessory
buildings and structures including driveways, parking lots, pedestrian
walkways, signs, and other man-made improvements on the ground surface,
which are more impervious than the natural surface.
Shall mean a surface that has been covered with a layer of
material so that it is highly resistant to infiltration by water.
Shall mean the use of fluorescent (and other vapor light)
or incandescent lighting set apart from, but directed towards the
surface of the sign.
Shall mean the process by which water seeps into the soil
from precipitation.
Shall mean a use by a public or nonprofit quasi-public or
private institution for educational, religious, charitable, medical,
or civic purposes. Nonprofit institutional uses are those limited
to churches, nonprofit chartered membership organizations, public
schools covering grades kindergarten through grade 12, hospitals for
humans, and libraries. Profit-making institutional uses are those
limited to sanatoriums, nursing homes, convalescent homes and rest
homes, or private schools and trade schools.
Shall mean any person whether residing within or without
the Township whose right to use, acquire or enjoy property is or may
be affected by any action taken under this Code, or whose right to
use, acquire or enjoy property under this Code or under any other
law of the State of New Jersey or of the United States has been denied,
violated or infringed by an action or failure to act under this Code.
Shall mean the use of fluorescent (and other vapor light)
or incandescent lighting to illuminate a sign from behind the lettering
or from inside the sign structure.
Shall mean a point where two or more streets meet and/or
cross.
Shall mean a business devoted to the boarding, care or breeding
of dogs, cats or other small animals normally and usually kept as
household pets.
Shall mean a standing body of open water whether created
naturally or by artificial impoundment.
For the purpose of this chapter, land shall be classified as either severely restricted, moderately restricted or least restricted as contained in § 18-5 of this Code.
Shall mean an off-street space on the same lot with the building
or group of buildings for the temporary parking of commercial vehicles
while loading and unloading, having a vertical clearance of at least
15 feet.
Shall mean a parcel of land, exclusive of any adjoining street,
established by a separate description in a recorded deed, a subdivision
or other recorded map, or otherwise as permitted by law, for the purpose
of sale, lease, mortgage or separate use which is occupied or capable
of being occupied, in accordance with the requirements of this Code
by a building or buildings and the necessary uses, including such
open spaces as are required by this Code; except that, for the purposes
of this Code, contiguous undersized parcels, in single ownership,
shall be considered as one lot.
Shall mean the area contained within the lot lines of a lot,
excluding any portion of the street right-of-way.
Shall mean that portion of a lot covered by impervious material
(i.e., paving, building and sidewalks, etc.).
Shall mean the shortest horizontal distance between the midpoint
of the front line through the midpoint of the rear lot line.
Shall mean the horizontal distance between side lot lines
measured along the street line.
Shall mean the distance between side lines of a lot measured
parallel to the street right-of-way at the building setback line.
Shall mean dwelling units developed pursuant to the Township
Zoning Ordinance and made available to low and moderate income households.
Shall mean a household whose aggregate gross annual income
at the time of purchase or rental does not exceed 50% of the median
income established and adjusted from time to time for the geographic
area in which the Township is located by the U.S. Department of Housing
and Urban Development.
Shall mean any security other than cash which may be accepted
by the Township for the maintenance of any improvements required by
this Code.
Shall mean any "development" that provides for ultimately
disturbing one or more acres of land. Disturbance for the purpose
of this rule is the placement of impervious surface or exposure and/or
movement of soil or bedrock or clearing, cutting, or removing of vegetation.
Shall mean any subdivision not classified as a minor subdivision.
Shall mean a development plan of a single lot which does
not involve any new street or extension of any off tract improvements
and is within the scope of development specifically permitted by this
chapter as a minor site plan as follows:
A change in use involving no building construction other than
interior modification or interior structural alteration and no additional
off street parking;
Minor exterior structural changes such as entry enclosures,
porticos and other structural appurtenances including roof appurtenances;
or
Alterations to the existing facade of existing buildings not
involving expansions of the square footage of the existing buildings.
Shall mean the division of a tract of land meeting one or
more of the following conditions:
The elimination of a property line or property lines for the
purpose of enlarging an existing parcel of land or combining contiguous
lots or parcels of land.
The division of a parcel of land for the purpose of enlarging
an adjoining parcel wherein the remaining parcel is not in conflict
with the Zoning Ordinance nor is its future use or development adversely
affected.
The division of a tract of land into not more than three separate
lots or parcels, including any remaining area, wherein all such lots
or parcels meet all of the following requirements:
Said lots are not in conflict with the Zoning Ordinance, Master
Plan or Official Map.
All lots front on an existing street as defined in this chapter
which is improved sufficiently to meet all requirements and standards
of Sparta Township so that a building permit could be issued to construct
a building on each lot.
No new streets or roads are involved.
The resulting lots are suitable for their intended purpose without
the necessity of making unusual changes in grades of the lots.
The creation of said lots will not produce a drainage problem
or result in the necessity for drainage improvements.
The creation of said lots will not adversely affect the uniform
and comprehensive development of any remaining parcel or adjoining
land in terms of:
Shall mean a household whose aggregate gross annual income
at the time of purchase or rental is between 50% and 80% of the median
income established and adjusted from time to time for the geographic
area in which the Township is located by the U.S. Department of Housing
and Urban Development.
Shall mean a facility offering transient lodging accommodations
to the general public with the majority of all rooms having direct
access to the outside without the necessity of passing through the
main lobby of the building.
Shall mean the approving agency designated in this Code to
take action on an application pursuant to its jurisdiction as set
forth in the Municipal Land Use Law such as, the Planning Board or
Zoning Board of Adjustment.
Shall mean any city, borough, town, township, or village.
Shall mean the earth itself, the water upon or under the
surface of the earth, the air above the earth, and plants, animals,
fish, birds, insects and other living creatures growing upon or inhabiting
the earth, the water or the air.
Shall mean an area designated by the State Planning Commission
concentrating facilities and activities which are not organized in
a compact form.
Shall mean a lot of record existing at the date of the passage
of this chapter which does not conform to the regulations of this
Code for the zone in which it is located.
Shall mean a building or structure, the size or location
upon the lot does not conform with the regulations of this Code for
the zone in which it is located.
Shall mean a use of any building, structure, or land which
existed prior to the passage of this Code and which use does not conform
with the regulations of the district in which it is located.
Shall mean a chemical element or compound, such as nitrogen
or phosphorus, which is essential to and promotes the development
of organisms.
Shall mean located outside the lot lines of the lot in question
but within the property (of which the property is a part) which is
the subject of the development application or on a contiguous portion
of a street right-of-way.
Shall mean not located on the property which is the subject
of a development application or on a contiguous portion of a street
or right-of-way.
Shall mean an improvement which is not located on the property
which is the subject of an application for development nor on a contiguous
portion of a street or right-of-way and includes any of the following:
All improvements, whether new, extensions or modifications,
of the types required for on-tract installation where the need for
the providing of such improvements, off-tract, is in whole or in part
made necessary by the application of the applicant and where the making
of such improvements will confer a benefit on the applicant's lands,
which are the subject of the application.
Any improvement or facility, the installation of which is required
in the public interest, and the public need for which would not have
arisen but for the applicant's application and the installation of
which will confer a benefit upon the applicant's lands, which are
the subject of the application. Improvements required to maintain
a safe flow of vehicular and pedestrian traffic are specifically declared
to be necessary in the public interest.
Shall mean a map adopted in accordance with the provisions
of N.J.S.A. 40:55D-32 et seq.
Shall mean located on the lot in question.
Shall mean located on the property which is the subject of
a development application or on a contiguous portion of a street or
right-of-way.
Shall mean any improvement, the installation of which may
be required as part of an application for development and which is
to be located on the property which is the subject of an application
for development or on a contiguous street or right-of-way.
Shall mean any parcel or area of land or water essentially
unimproved and set aside, dedicated, designed or reserved for public
or private use or enjoyment or for the use and enjoyment of owners
and occupants of land adjoining or neighboring such open space; provided
that such areas may be improved with only those buildings, structures,
streets and off-street parking and other improvements that are designed
to be incidental to the natural openness of the land.
Shall mean an open area, other than a street or other public
way, used for the parking of motor vehicles and available for use
as a service or privilege to guests, licensees, clients, customers,
suppliers or residents. It shall include driveways and access drives
located within the lot area.
Shall mean an accommodation for the off-street parking of
one motor vehicle, which space shall have an area required by this
Code.
Shall mean for purposes of notice, any applicant for development,
the owners of the subject property, and all owners of property and
government agencies entitled to notice by law.
Shall mean a cleared way for pedestrians and/or bicycles
to travel which may or may not be paved.
Shall mean a cleared way for horses to travel which is not
paved.
Shall mean any security which may be accepted and approved
by the Township Attorney, including cash, provided that no more than
10% of the total performance guarantee can be required to be secured
by cash.
Shall mean any individual, corporation, company, partnership,
firm, association, Township of Sparta, or political subdivision of
this State subject to municipal jurisdiction pursuant to the Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq.
Shall mean the numbers of peak hour vehicular traffic movements
for land uses of various types.
Shall mean any dredged spoil, solid waste, incinerator residue,
filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge,
munitions, chemical wastes, biological materials, medical wastes,
radioactive substance (except those regulated under the Atomic Energy
Act of 1954, as amended (42 U.S.C. 2011 et seq.), thermal waste, wrecked
or discarded equipment, rock, sand, cellar dirt, industrial, municipal,
agricultural, and construction waste or runoff, or other residue discharged
directly or indirectly to the land, groundwaters or surface waters
of the State, or to a domestic treatment works. "Pollutant" includes
both hazardous and nonhazardous pollutants.
Shall mean any private pool whether permanently constructed
or of the portable type having a depth of more than 18 inches, or
having a depth of more than 25 inches when partly or wholly above
ground, or having a surface area exceeding 100 square feet, designed,
used and maintained for swimming or bathing purposes by an individual
for use of members of his or her household and guests, and located
on the applicant's land or land under the applicant's control, and
shall include all buildings, structures, equipment and appurtenances
thereto.
Shall mean and include any shallow pool whether permanently
constructed or of the portable type which is less than 18 inches below
the level of the surrounding land, less than 24 inches deep when partly
or wholly above ground and less than 100 square feet in water surface
area.
Shall mean an accessory structure located in conjunction
with an inground pool and is limited to a changing room and storage.
Shall mean an accessory structure located in conjunction
with an inground pool and may include a kitchen, bathroom, shower
and changing room, but shall not include a bedroom or be used as sleeping
quarters.
Shall mean the official action taken by the Planning Board
on a preliminary plat or preliminary planned development application
which determines whether or not the map submitted is in proper form
and meets the established standards adopted for design layout and
development of the subdivision. Such preliminary approval confers
upon a subdivider all rights provided for by virtue of the provisions
of N.J.S.A. 40:55D-49.
Shall mean architectural drawings prepared during early and
introductory stages of the design of a project illustrating in a schematic
form its scope, scale, relationship to its site and immediate environs.
Shall mean a structure arranged, adopted, or designed for
the predominant or primary use for which a lot may be used.
Shall mean the primary or predominant use of the premises.
Shall mean a use related to professional services and/or
administrative and executive purposes including but not limited to
architecture, medicine, dentistry, engineering, law, accounting, insurance
and real estate.
Shall mean:
Shall mean a building which is owned and used by a governmental
agency.
Shall mean a master plan, capital improvement program or
other proposal for land development adopted by the appropriate public
body, or any amendment thereto.
Shall mean the land reserved or dedicated for the installation
of storm water sewers or drainage ditches, or required along a natural
stream or watercourse for preserving the biological as well as drainage
function of the channel and providing for the flow of water to safeguard
the public against flood damage, sedimentation and erosion and to
assure the adequacy of existing and proposed culverts and bridges.
Shall mean an open space area conveyed or otherwise dedicated
to a municipality, municipal agency, board of education, State or
County agency, or other public body for recreational or conservational
uses.
Shall mean a facility whose primary purpose is for the transfer
of people between modes of transportation.
Shall mean public utility installations such as power generating
stations, electric substations, power distribution, transmission lines,
radio and television signal towers, telephone exchanges and similar
facilities. This definition shall not apply to telephone poles, gas,
water, and television distribution lines intended to provided direct
service to properties when the same are approved by the appropriate
Township agency.
Shall be approved by the Planning Board for all cluster subdivisions.
The map shall depict a subdivision designed to meet the standard yard
requirements of the zone. The total number of cluster subdivision
lots may not exceed the number of standard lots which would have been
otherwise permitted.
Shall mean the majority of the full authorized membership
of a municipal agency.
Shall mean any uses or structures permitted in the ED or
PDRM-1 zones that are adjacent to and use the railroad and are adjacent
to the railroad or a rail siding.
[Added 2-23-2021 by Ord. No. 2021-01]
Shall mean the amount of water from precipitation that infiltrates
into the ground and is not evapotranspired.
Shall mean a nursery-grown certified tree, properly balled
and burlapped, marked with a durable label indicating genus, species
and variety and satisfying the standards established for nursery stock
and installation as set forth by American Association of Nurserymen.
Shall mean a building or structure having the appearance,
size and bulk of a single family dwelling in keeping with the goal
of the 1993 Interchange Master Plan, generally similar to single family
residence Classes 18 through 20 inclusive, as depicted in the "Real
Property Appraisal Manual for New Jersey Assessors" Third Edition,
issued by the Local Property and Public Utility Branch, Division of
Taxation, Department of the Treasury, State of New Jersey and as shown
in Appendix "A" of the 1993 Amendment to the Interchange Master Plan.
Shall mean an area to be developed as a single entity according
to a plan containing residential housing units which have a common
or public open space area as an appurtenance.
Shall mean an establishment where food and drink are prepared,
served and consumed primarily within the principal building.
Shall mean a building in which food and drink is served to
patrons from counters for consumption either inside or outside the
building and may include facilities for serving food and drink to
patrons in automobiles.
Shall mean the strip of land on which a road, path or public
utility is located, owned by, or dedicated to the public or subject
to an easement in a public agency.
Shall mean a body of running water flowing on the earth whether
seasonal or permanent.
Shall mean the highest continuous horizontal line of a roof.
On a sloping roof, the roof line is the principal ridge line or the
highest line common to one or more principal slopes of the roof. On
a flat roof, the roof line is the highest continuous line of the roof
or parapet, whichever is higher.
Shall mean one who rents a room and either takes in foods
or takes meals by prearrangement.
Shall mean any structure or part thereof used to receive
satellite transmissions. If said structure and mounting device is
greater than three feet, it shall be considered an accessory structure
and shall conform to the yard requirements of the zone.
Shall mean solid material, mineral or organic, that is in
suspension, is being transported, or has been moved from its site
of origin by air, water or gravity as a product of erosion.
Shall mean the deposit of soil that has been transported
from its site of origin by water, ice, wind, gravity or other natural
means as a product of erosion.
Shall mean the removal of larger trees on an individual basis
while leaving trees of lesser size.
Shall mean a building or group of buildings containing individual
dwelling units designed for occupancy and the particular use of senior
citizens; where residents are provided with physical support services,
designed to meet the daily physical needs of the elderly.
Shall mean a retail place of business engaged primarily in
the sale of motor fuels but also in supplying goods and services generally
required in the operation and maintenance of automotive vehicles and
the fulfilling of motorist needs.
Shall mean the required yard or distance between buildings
and property lines.
Shall mean a building or part thereof in which or from which
a service is rendered directly to the ultimate customer.
Shall mean the distance of clear sight from a given point
in particular directions such as the sight distance that may be required
in the alignment of streets and roads and the location of driveways.
Shall mean and include every device, frame, letter, figure,
character, mark, plane, point, design, picture, stroke, stripe, trademark,
model, emblem, object, logo or reading matter, which is used or intended
to be used to attract attention or convey information when placed
outdoors in view of the general public; in addition, any of the above
shall be considered a sign within the meaning of this chapter, when
placed near the inside surface of a window in such a way as to be
used to convey information to the public.
Shall mean a sign which directs attention to a business,
commodity, service or other facility or entertainment sold or offered
elsewhere than on the premises where the sign is located.
Shall mean the entire space within a single continuous perimeter
enclosing the extreme limits of a sign.
Shall mean a sign which directs attention to a business,
commodity or profession conducted or offered upon the property where
the sign is displayed.
Shall mean an off-premises sign, the purpose of which is
to indicate the direction to a permitted use. On-premises signs directing
and controlling traffic shall also be considered directional signs.
Shall mean the area of a building wall fronting on a street
including windows and doors.
Shall mean a sign in which the artificial light is not maintained
constant in intensity, color or frequency at all times when such sign
is in use.
Shall mean any sign supported by uprights or braces upon
or in the ground, and not attached to any building.
See Sign, advertising.
Shall mean a temporary sign presenting information expressing
support for or opposition to a candidate or candidates for public
office, a political party, or ballot measure, presenting an issue
to be voted upon, or pertaining to an upcoming election.
Shall mean a temporary freestanding sign used to advertise
the sale or rental of the premises upon which it is placed.
Shall mean any sign that is displayed or erected for a maximum
of 47 days, not requiring a permit, including political signs.
Shall mean and include the largest vertical height of the
background upon which the lettering, illustration or display is presented.
This shall not include the supporting members of any sign which are
used solely for such support. If the letters, illustration, or display
are attached directly to the face of the building, the height of the
sign shall be the height of the largest letter, illustration or total
display, whichever is the greater.
Shall mean a sign located within the interior of a site having
multiple buildings or offices, the sign of which is approved by the
Planning Board or Zoning Board of Adjustment to provide for identification
and location of individual tenants, and is deemed appropriate for
the public safety and better vehicular and pedestrian circulation.
Shall mean the management of any wooded tract or lot of land
to insure its continued survival and welfare, whether for commercial
or noncommercial purposes, pursuant to a plan approved by the New
Jersey Department of Forestry.
See Dwelling unit.
Shall mean ownership by one person or ownership by two or
more persons as joint tenants, as tenants by the entirety, or as tenants
in common, of a separate lot not adjacent to land in which any of
the above-mentioned persons have any beneficial interest whatsoever;
including, among others, interest by marriage and/or blood. For purposes
of this definition, participation in a corporation by stock ownership
or participation in a partnership is a beneficiary interest.
Shall mean the lot or lots upon which a major development
is to occur or has occurred.
Shall mean all lands within a closed boundary survey of a
site, including public rights-of-way.
Shall mean a development plan of one or more lots on which
is shown:
The existing and proposed conditions of the lot, including but
not necessarily limited to topography, vegetation, drainage, flood
plains, marshes and waterways;
The location of all existing and proposed buildings, drives,
parking spaces, walkways, means of ingress and egress, drainage facilities,
utility services, landscaping, structures and signs, lighting, screening
devices;
Any other information that may be reasonably required in order
to make an informed determination pursuant to this Code.
Shall mean all unconsolidated mineral and organic material
of any origin.
Shall mean the removal of sand and gravel resources, chiefly
by means of excavation, which may permit washing, grading and screening
of material, but not including the quarrying of rock or similar material.
Shall mean a small retail outlet that focuses on selling
a particular product range and associated items. Specialty store business
operators should maintain considerable depth in the type of product
that they specialize in selling, in addition to providing higher service
quality and expert guidance to shoppers. Specialty retail may include
antique shops, art studios and galleries, restaurants, cafe's, bakeries,
gift shops, and similar specialty retail uses.
Shall mean standards in § 18-5 of this Code which regulate noise levels, glare, earthborne or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic matters, explosive and inflammable matters, smoke and airborne particles, waste, discharge, screening of unsightly objects or conditions, and such other similar matters as may be reasonably required in that section of any applicable Federal, State or County laws or regulations.
Shall mean an area delineated on the State Plan Policy Map
and adopted by the State Planning Commission that is intended to be
the focus for much of the State's future redevelopment and revitalization
efforts.
Shall mean the geographic application of the State Development
and Redevelopment Plan's goals and statewide policies, and the official
map of these goals and policies.
Shall mean man-made trees, clock tower, bell steeples, light
poles and similar alternative design mounting structures that camouflage
or conceal the presence of antennas or towers.
Shall mean a building or part thereof in which or from which
merchandise or services are furnished directly to the public.
Shall mean a building or part thereof where merchandise is
displayed for sale and sold at wholesale, but where no goods, wares,
merchandise or material is warehoused.
Shall mean water resulting from precipitation (including
rain and snow) that runs off the land's surface, is transmitted to
the subsurface, or is captured by separate storm sewers or other sewage
or drainage facilities, or conveyed by snow removal equipment.
Shall mean an excavation or embankment and related areas
designed to retain stormwater runoff. A stormwater management basin
may either be normally dry (that is, a detention basin or infiltration
basin), retain water in a permanent pool (a retention basin), or be
planted mainly with wetland vegetation (most constructed stormwater
wetlands).
Shall mean any structural or nonstructural strategy, practice,
technology, process, program, or other method intended to control
or reduce stormwater runoff and associated pollutants, or to induce
or control the infiltration or groundwater recharge of stormwater
or to eliminate illicit or illegal nonstormwater discharges into stormwater
conveyances.
Shall mean water flow on the surface of the ground or in
storm sewers, resulting from precipitation.
Shall mean a set of rooms on one floor level of a building.
For purposes of this Land Management Code, a basement as defined herein
shall be considered a half-story. A cellar as defined in this section
shall be considered a half-story if more than four feet of the total
height is above finished grade elevation.
Shall mean any street, avenue, boulevard, road, lane, parking
viaduct, alley or other way which is an existing State, County or
municipal roadway, or a street or way on a plat duly filed and recorded
in the office of the County Recording Officer prior to the appointment
of a Planning Board and the grant to such Board of the power to review
plats, and includes the land between the street lines whether improved
or unimproved, and may comprise pavement, shoulders, gutters, sidewalks,
parking areas and other areas within the street lines. For the purpose
of this Code, streets shall be classified as follows:
LOCAL ARTERIAL STREETA Township road that lies between two arterial roads which are either County roads or State highways.
COLLECTOR STREETAll those streets or roads which carry traffic from local streets to the local arterial streets, County roads, or State highways. The entrance road to a major subdivision or site plan shall also be considered a collector street.
LOCAL STREETMinor streets and cul-de-sac streets which are primarily intended to provide access to abutting properties. The local street standards would also be applicable for minimum design standards for commercial and industrial site plans.
Shall mean the right-of-way line of a street dedication or
deed of record.
Shall mean any combination of materials forming any construction,
the use of which requires location on the ground or attachment to
something having location either above, below, or on the ground and
including among other things, display stands, platforms, poles, flagpoles,
standpipes, earthenworks, tanks and towers of any kind. The term "structure"
shall include the term "building." For the purpose of determining
compliance with the setback requirements of this Code, it shall not
include structures such as fences, fuel oil tanks, septic tanks, or
leaching pools, or any system buried below grade.
Shall mean the division of a lot, tract or parcel of land
into two or more lots, sites or other divisions of land for the purpose,
whether immediate or future, of sale or building development, except
that the following divisions shall not be considered subdivisions
provided no new streets or roads are involved.
Divisions of land found by the Planning Board or division committee
thereof appointed by the Chairman to be for agricultural purposes
where the resulting parcels are five acres or larger in size;
Division of property by testamentary or intestate provisions;
Divisions of property upon court order, including but not limited
to, judgments of foreclosure.
Consolidation of existing lots by deed or other recorded instrument.
Subdivision also includes resubdivision and where appropriate to the
context, relates to the process of subdividing or to the lands or
territory divided. The transfer of title to one or more adjoining
lots owned by the same person or persons as the same are designated
on a map filed in the Sussex County Clerk's Office prior to the establishment
of a Planning Board in the Township pursuant to the Municipal Planning
Act of 1953 shall be considered a subdivision of land.
The conveyance of one or more adjoining lots, tracts, or parcels
of land, owned by the same person or persons and all of which are
found and certified by the administrative officer are found to the
requirements of this Code and are shown and designated as separate
lots, tracts, or parcels on the tax map or atlas of the municipality.
The term "subdivision" also includes the term "resubdivision."
Shall mean the removal of undesirable, competitive, diseased
or damaged trees so as to cultivate and improve the remaining trees
on the site.
Shall mean a way for use by vehicular and pedestrian traffic
and to provide access to lots and open spaces, consisting of vehicular
lanes and the public frontage.
Shall mean a flood hazard area, which may be influenced by
stormwater runoff from inland areas, but which is primarily caused
by the Atlantic Ocean.
Shall mean the arable soil within eight inches of the surface.
Shall mean the enclosed area in which the tower and its appurtenances
are located.
Shall mean a wheel-based noncommercial vehicle that is designed
to be transported by traction and which is used or may be used as
a dwelling or for the transportation or storage of goods, materials,
livestock or any object. The regulations in this chapter that apply
to trailers shall also apply to the following vehicles as herein defined
below:
TRAVEL TRAILERA vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreation and vacation uses. It shall have body width not exceeding eight feet and a body length not exceeding 32 feet.
PICKUP COACHA structure designed primarily to be mounted on a pickup or truck chassis and with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreational and vacation uses.
MOTORIZED HOMEA portable dwelling designed and constructed as an integral part of a self-propelled vehicle.
BOAT TRAILERA trailer designed for the purpose of transporting a boat over land.
HOUSE TRAILERA trailer with a built-in or attached tent designed and equipped to render it suitable for use as a temporary dwelling for travel, recreational and vacation uses.
Used to mount signs, satellite receiving dish antennas, sheds,
or other structures may not be used to circumvent the yard requirements
of an accessory structure within any given zone.
Shall mean a typed or printed verbatim record of the proceedings
or reproduction thereof.
Shall mean one of several areas on a Zoning Map regulated
by the SmartCode. Transect Zones are administratively similar to the
land use zones in conventional codes, except that in addition to the
usual building use, density, height and setback requirements, other
elements of the intended habitat are integrated, including those of
the private lot and building and public frontage.
Shall mean any deciduous or coniferous species, which reaches
a mature height of 12 feet or more at maturity and has a typical DPM
of four-inch caliper or greater.
Shall mean a premises which is used for the temporary parking
of motor freight vehicles between trips and for the transfer of freight
between trucks or between trucks and rail facilities for shipment
elsewhere and where the storage of freight or cargo is only temporary.
Shall mean a neighborhood given priority access to State
resources through the New Jersey Redevelopment Authority.
Shall mean a zone designated by the New Jersey Enterprise
Zone Authority pursuant to the New Jersey Urban Enterprise Zones Act,
N.J.S.A. 52:27H-60 et seq.
Shall mean previously developed portions of areas:
Delineated on the State Plan Policy Map (SPPM) as the Metropolitan
Planning Area (PA1), Designated Centers, Cores or Nodes;
Designated as CAFRA Centers, Cores or Nodes;
Designated as Urban Enterprise Zones; and
Designated as Urban Coordinating Council Empowerment Neighborhoods.
Shall mean permission to depart from the literal requirements
of a zoning regulation, granted by the Planning Board or Zoning Board
of Adjustment, pursuant to the Municipal Land Use Law.
Shall mean the office used by a veterinarian for out-patient
treatment of dogs, cats or other small animals normally and usually
kept as small pets.
Shall mean a building used for the temporary storage of goods,
materials or merchandise for later or subsequent distribution or delivery
elsewhere for purposes of processing or sale.
Shall mean the ocean and its estuaries, all springs, streams,
wetlands, and bodies of surface or groundwaters, whether natural or
artificial, within the boundaries of the State of New Jersey or subject
to its jurisdiction.
Shall mean an operation in which material is removed below
the water table.
Shall mean an area that is inundated or saturated by surface
water or groundwater at a frequency and duration sufficient to support,
and that under normal circumstances does support, a prevalence of
vegetation typically adapted for life in saturated soil conditions,
commonly known as hydrophytic vegetation.
Shall mean an antenna that transmits or receives radio frequency
signals for wireless telecommunications towers and the users of towers
or other structures.
Shall mean the accessory structures or uses serving the tower
site such as equipment sheds, telecommunications antennas and fences.
Shall mean a free-standing, vertical structure designed to
support one or more wireless telecommunications antennas. The height
of the tower shall not include a lightning rod.
Shall mean:
FRONT YARDAn area, unoccupied except by a use as hereinafter specifically permitted, extending across the full width of a lot and lying between the abutting street right-of-way line and the nearest part of the principal structure on the lot.
SIDE YARDAn area, unoccupied except by a use as hereinafter specifically permitted, extending from the front yard to the rear yard of a lot and lying between the side lot line and the nearest part of the principal structure on the lot.
REAR YARDAn area, unoccupied except by a use as hereinafter specifically permitted, extending across the full width of a lot and lying between the rear lot line and the nearest part of the existing or proposed principal structure on the lot. If there is no rear lot line, as in the case of a triangular shaped lot, or if there is doubt as to determination of rear yard measurement, the rear yard requirement of this chapter shall be construed as conforming provided there can be drawn entirely within the property a quadrilateral formed by the rear line of the existing or proposed principal building, the extension of the sidelines of the principal building from the rear of the principal building and a line connecting said extending building side line which quadrilateral shall have an average depth measured from the rear of the building equal to at least the required minimum rear yard. In no event shall the principal building be located closer to a property line at any point other than the minimum side yard requirement. (See Illustration #1.)
|
ILLUSTRATION #1
(Rear yard)
 |
Shall mean a document signed by the Zoning Officer:
Which is required by this Code as a condition precedent to the
commencement of a use or the erection, construction, reconstruction,
alteration, conversion or illustration of a structure or building;
and
Which acknowledges that such use, structure or building complies
with the provisions of the zoning regulations or variance therefrom
duly authorized by the Planning Board or the Zoning Board of Adjustment.
[Ord. No. 636 A 301]
[Ord. No. 636 A302; Ord. No. 841 § IV]
a.
Establishment. There is hereby established pursuant to N.J.S.A. 40:55D-23
in the Township of Sparta, a Planning Board of nine members, consisting
of the following four classes:
Class I. The Mayor.
Class II. One of the officials of the municipality other than
a member of the Governing Body to be appointed by the Council; provided
that, if there is an Environmental Commission, the member of the Environmental
Commission who is also a member of the Planning Board as required
by N.J.S.A. 40:56-1 shall be deemed to be the Class II Planning Board
Member if there is both a member of the Zoning Board of Adjustment
and a member of the Board of Education among the Class IV members.
Class III. A member of the Governing Body to be appointed by
it.
Class IV. Six other citizens of the municipality to be appointed
by the Township Council.
The members of Class IV shall hold no other municipal office,
except that one member may be a member of the Zoning Board of Adjustment
and one may be a member of the Board of Education. A member of the
Environmental Commission who is also a member of the Planning Board
as required by N.J.S.A. 40:56-1 shall be a Class IV.
Planning Board member unless there be among the Class IV members
of the Planning Board both a member of the Zoning Board of Adjustment
and a member of the Board of Education in which case the member of
the Environmental Commission shall be deemed to be a Class II member
of the Planning Board.
1.
Alternate Members. There may be two alternate members appointed by
the Township Council as Class IV members and they shall meet the qualifications
of Class IV members. Alternate members shall be designated at the
time of appointment by the Mayor as Alternate No. 1 and Alternate
No. 2. The terms of the alternate members shall be for two years except
that the terms for the first alternate member shall be such that the
term of not more than one alternate member shall expire in any one
year provided, however, that in no instance shall the terms of the
alternate members first appointed exceed two years. A vacancy occurring
otherwise and by the unexpired term shall be filled by the appointing
authority for the unexpired term only. Alternate members may participate
in discussions of the proceedings but may not vote except in the absence
or disqualification of a regular member of any class. A vote shall
not be delayed in order that a regular member may vote instead of
an alternate member. In the event that a choice must be made as to
which alternate member is to vote, Alternate No. 1 shall vote.
b.
Terms. The term of the member composing Class I shall correspond
with his official tenure. The terms of the members composing Class
II and Class III shall be for one year or terminate at the completion
of their respective terms of office, whichever occurs first, except
for a Class II member who is also a member of the Environmental Commission.
The term of a Class II or Class IV member who is also a member of
the Environmental Commission shall be for three years or terminate
at the completion of his term of office as a member of the Environmental
Commission, whichever occurs first.
The terms of a Class IV member who is also a member of the Zoning
Board of Adjustment or Board of Education shall terminate whenever
he is no longer a member of such other body or at the completion of
his Class IV term, whichever occurs first.
The terms of all Class IV members first appointed pursuant to
this section shall be so determined that to the greatest practicable
extent the expiration of such term shall be distributed evenly over
the first four years after their appointment as determined by resolution
of the Governing Body, providing however, that no term of any member
shall exceed four years and further provided that nothing herein shall
affect the term of any present member of the Planning Board, all of
whom shall continue in office until the completion of the terms for
which they were appointed. Thereafter, all Class IV members shall
be appointed for terms of four years except as otherwise hereinabove
provided. All terms shall run from January 1 of the year in which
the appointment is made.
c.
Vacancies and Removals. If a vacancy in any class shall occur otherwise
than by expiration of term, it shall be filled by appointment as above
provided for the unexpired term. Any member other than a Class I member,
after a public hearing if he requests one, may be removed by the Governing
Body for cause.
d.
Organization of Board. The Planning Board shall elect a Chairman
and Vice Chairman from the members of Class IV and select a Secretary
who shall be a member of the Planning Board.
e.
Planning Board Attorney. The office of Planning Board Attorney is
hereby created. The Planning Board may annually appoint to such office,
fix compensation or rate of compensation of an attorney-at-law of
New Jersey other than the Township Attorney. Such compensation, however,
shall not exceed the amount appropriated by the Governing Body for
this use.
f.
Experts and Staff. In addition, the Planning Board may also employ
or contract for the services of experts and other staff and services
as it may deem necessary. The Board shall not however exceed, exclusive
of gifts or grants, the amount appropriated by the Governing Body
for its use. The Township Manager shall appoint a person to perform
secretarial or clerical functions for the Planning Board and, in particular,
to assist the Secretary of the Planning Board.
g.
Powers and Duties Generally. The Planning Board is authorized to
adopt bylaws governing its procedural operation. It shall also have
the following powers and duties.
1.
To make and adopt at least every six years and amend a Master Plan
for the physical development of the Township, considering any areas
outside its boundaries, which in the Board's judgment bear essential
relation to the planning of the Township, in accordance with the provisions
of N.J.S.A. 40:55F-28.
2.
To hear and decide site plan and subdivision applications in accordance
with the provisions of N.J.S.A. 40:55D-1 et seq. and the Comprehensive
Land Management Code.
3.
To hear applications for conditional uses and in proper cases to
approve conditional use permits in accordance with the provisions
of the Zoning Ordinance pursuant to N.J.S.A. 40:55D-67.
4.
To participate in the preparation and review of programs or plans
required of the Planning Board by State or Federal law or regulations.
5.
To prepare an official map for Sparta Township in accordance with
the provisions of N.J.S.A. 40:55D-1 et seq.
6.
To assemble data on a continuing basis as part of a continuous planning
process.
7.
To annually prepare a program of municipal capital improvement projects
projected over a term of six years and amendments thereto, and recommend
same to the Governing Body.
8.
To consider and make report to the Governing Body within 35 days
after referral as to any proposed development regulation submitted
to it pursuant to the provisions of N.J.S.A. 40:55D-26(a), and also
pass upon other matters specifically referred to the Planning Board
by the Mayor and Township Council, pursuant to the provisions of N.J.S.A.
40:55D-26(b).
9.
When reviewing applications for approval of subdivision plats, site
plans or conditional uses, to grant to the same extent and subject
to the same restrictions as the Zoning Board of Adjustment:
(a)
Variances pursuant to N.J.S.A. 40:55D-70c;
(b)
Direction pursuant to N.J.S.A. 40:55D-34 for issuance of permit
for building or structure in the bed of a mapped street or public
drainage way, flood control basin or public area reserved pursuant
to N.J.S.A. 40:55d-34; and
(c)
Direction pursuant to N.J.S.A. 40:55D-35 of said act for issuance
of a permit for building or structure not related to a street. Whenever
relief is requested pursuant to this section, notice of a hearing
on the application for development shall include reference to the
request for a variance, or direction for issuance of a permit, as
the case may be.
10.
To perform such other advisory duties as are assigned to it by ordinance
or resolution of the Governing Body for the aid and assistance to
other agencies or officers.
h.
Time for Decision.
1.
Minor Subdivisions and Minor Site Plans. Minor subdivision and minor
site plan approvals shall be granted or denied within 45 days of the
date of submission of a complete application which has been certified
as complete to the Planning Board or within such further time as may
be consented to by the applicant. Approval of a minor subdivision
shall expire 190 days from the date of Planning Board approval unless
within such period a plat in conformity with such approval and the
provisions of the "Map Filing Law," or a deed clearly describing the
approved minor subdivision, is filed by the developer with the County
Recording Officer, the Municipal Engineer and the Municipal Tax Assessor.
Any such plat or deed must be signed by the Chairman and Secretary
of the Planning Board before it will be accepted for filing by the
County Recording Officer.
2.
Preliminary Approval — Major Subdivisions. Upon submission
of a complete application which has been certified as complete for
a subdivision of 10 or fewer lots, the Planning Board shall grant
or deny preliminary approval within 45 days of the date of such submission
or within such further time as may be consented to by the developer.
Upon submission of a complete application for a subdivision of more
than 10 lots, the Planning Board shall grant or deny preliminary approval
within 95 days of such submission or within such further time as may
be consented to by the developer. Otherwise, the Planning Board shall
be deemed to have granted preliminary approval for the subdivision.
3.
Ancillary Powers. Whenever the Planning Board is called upon to exercise
its ancillary powers before the granting of a variance as set forth
in N.J.S.A. 40:55D-60, the Planning Board shall grant or deny approval
of the application within 120 days after submission by the developer
of a complete application 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 approval of the application and
a certificate of the Planner as to the failure of the Planning Board
to act shall be issued on request of the applicant.
4.
Final Approval. Application for final subdivision approval shall
be granted or denied within 45 days of submission of a complete application
which has been certified as complete or within such further time as
may be consented to by the applicant. Final approval of major subdivision
shall expire 95 days from the date of signing of the plat unless within
such period the plat shall have been duly filed by the developer with
the County Recording Officer. The Planning Board may, for good cause
shown, extend the period for recording for an additional period not
to exceed 190 days from the date of signing of the plat.
i.
Applications; Procedure for Filing. Applications for development
within the jurisdiction of the Planning Board pursuant to the provisions
of N.J.S.A. 40:55D-1 et seq. shall be filed with the Secretary of
the Planning Board. Applicant shall file 12 copies of a sketch plat;
four copies of applications for minor subdivision approval; four copies
of application for major subdivision approval; or four copies of application
for site plan review, or conditional use approval. The applicant shall
also file all fees, plot plans, maps or other papers required by virtue
of any provision of this chapter or any rule of the Planning Board.
The Secretary shall obtain all necessary forms from the Secretary
of the Planning Board. The Planner shall inform the applicant of the
steps to be taken to initiate applications and of the regular meeting
dates of the Board.
j.
Advisory Committee. The Council may appoint one or more persons as
a Citizens Advisory Committee to assist or collaborate with the Planning
Board in its duties, but such person or persons shall have no power
to vote or take other action required of the Board. Such person or
persons shall serve at the pleasure of the Council.
k.
Environmental Commission. Whenever the Environmental Commission has
prepared and submitted to the Planning Board an index of the natural
resources of the municipality, the Planning Board shall make available
to the Environmental Commission an informational copy of every application
for development to the Planning Board. Failure of the Planning Board
to make such informational copy available to the Environmental Commission
shall not invalidate any hearing or proceeding.
l.
Rules and Regulations. The Board shall adopt such rules and regulations
as may be necessary to carry into effect the provisions and purposes
of this chapter. In the issuance of subpoenas, administration of oaths
and taking of testimony, the provisions of the County and Municipal
Investigations Law of 1953 (N.J.S.2A:67A-1 et seq.) shall apply.
[Ord. No. 636 A 303; Ord. No. 676 § 1; Ord. No. 841 §§ V, VI]
a.
Establishment. A Zoning Board of Adjustment is hereby established
pursuant to N.J.S.A. 40:55D-69 et seq. consisting of seven regular
members and not more than two alternate members of the Township of
Sparta appointed by the Council to serve for terms of four years from
July 1 of the year of their appointment. The terms of the members
first appointed shall be so determined that to the greatest practicable
extent the expiration of such terms shall be distributed evenly over
the first four years for regular members and first two years for alternate
members after their appointment; provided that the initial term of
no member shall exceed four years. Thereafter, the term of each member
shall be for four years. Nothing in this chapter shall, however, be
construed to affect the term of any present member of the Zoning Board
of Adjustment, all of whom shall continue in office until the completion
of the terms for which they were appointed.
Alternate members shall be designated at the time of appointment
by the appointing authority as Alternate No. 1 and Alternate No. 2.
No member of the Zoning Board of Adjustment may hold any elective
office or position under the municipality.
A vacancy occurring otherwise than by expiration of term shall
be filled for the unexpired term only.
A member may, after public hearing if he requests it, be removed
by the Governing Body for cause.
Alternate members may participate in discussions of the proceedings
but may not vote except in the absence or disqualification of a regular
member. A vote shall not be delayed in order that a regular member
may vote instead of an alternate member. In the event that a choice
must be made as to which alternate member is to vote, Alternate No.
1 shall vote.
b.
Officers. The Board of Adjustment shall elect a Chairman and Vice
Chairman from its members and shall also select a Secretary who may
be either a Board member or a municipal employee.
c.
Board of Adjustment Attorney. There is hereby created the office
of Attorney to the Zoning Board of Adjustment. The Zoning Board of
Adjustment may annually appoint, fix the compensation of or agree
upon the rate of compensation of the Zoning Board of Adjustment Attorney,
who shall be an attorney other than the municipal attorney. Such compensation,
however, shall not exceed the amount appropriated by the Governing
Body for this use.
d.
Experts and Staff. In addition, the Zoning Board of Adjustment may
also employ or contract for and fix the compensation of such experts
and other staff and services as it may deem necessary. The Board shall
not authorize expenditures which exceed, exclusive of gifts or grants,
the amount appropriated by the Governing Body for its use.
e.
Rules and Regulations. The Board shall adopt such rules and regulations
as may be necessary to carry into effect the provisions and purposes
of this chapter. In the issuance of subpoenas, administration of oaths
and taking of testimony, the provisions of the County and Municipal
Investigations Law of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
f.
Powers of the Zoning Board of Adjustment.
1.
The powers of the Zoning Board of Adjustment shall be in accordance
with N.J.S.A. 40:55D-69 et seq. and amendments thereto, and with the
provisions of this chapter.
2.
It is further the intent of this chapter to confer upon the Zoning
Board of Adjustment as full and complete powers as may lawfully be
conferred upon such Board, including, not by way of limitation, the
authority, in connection with any case, action or proceeding before
the Board, to interpret and construe the provisions of this chapter
or any term, clause, sentence or work hereof, and the Zoning Map,
in accordance with the general rules of construction, applicable to
legislative enactments.
3.
The Board may, in appropriate cases and subject to appropriate conditions
and safeguards, grant variances from the terms of this chapter in
accordance with the general or specific rules contained herein, and
with the general rules hereby laid down that equity shall be done
in cases where the strict construction of the provisions of this chapter
would work undue hardship, including a variance for a conditional
use. The powers and duties of the Board having been delegated to and
imposed upon it by statute, the Board shall in all cases follow the
provisions applicable to it in said Chapter 291, P.L. 1975, or subsequent
statutes in such case made and provided, and it shall from time to
time furnish to any person requesting the same a copy of its rules
and information as to how appeals or applications may properly be
filed with the Board for its decision thereon.
g.
Appeals and Applications.
1.
Appeals to the Board of Adjustment may be taken by any interested
party affected by any decision of an administrative officer of the
municipality based on or made in the enforcement of the Zoning Ordinance
or Official Map. Such appeal shall be taken within 20 days by filing
a notice of appeal with the officer from whom the appeal is taken
specifying the grounds of such appeal. The officer from whom the appeal
is taken shall immediately transmit to the Board all the papers constituting
the record upon which the action appeal from was taken.
2.
Application addressed to the original jurisdiction of the Zoning
Board of Adjustment without prior application to an administrative
officer, shall be filed with the Zoning Officer of the Township. Four
copies of the application shall be filed. At the time of filing the
appeal or application, but in no event less than 10 days prior to
the date set for hearing, the applicant shall also file plot plans,
maps, or other papers required by virtue of any provision of this
chapter or any rule of the Zoning Board of Adjustment. The applicant
shall obtain all necessary forms from the Zoning Officer of the Township.
The Zoning Officer shall inform the applicant of the steps to be taken
to initiate proceedings and of the regular meeting dates of the Board.
3.
An appeal stays all proceedings in furtherance of the action in respect
of which the decision appealed from was made, unless the officer from
whom the appeal is taken certifies to the Zoning Board of Adjustment
after the notice of appeal shall have been filed with him that, by
reason of facts stated in the certificate, a stay would, in his opinion,
cause imminent peril to life or property. In such case, proceedings
shall not be stayed otherwise than by a restraining order which may
be granted by the Zoning Board of Adjustment or by the Superior Court
of New Jersey on application or notice to the officer from whom the
appeal is taken on the due cause shown.
h.
Power to Reverse or Modify Decisions. In exercising the above-mentioned
power, the Zoning Board of Adjustment may, in conformity with the
provisions of N.J.S.A. 40:55D-1 et seq. or amendments thereto or subsequent
statutes applying reverse or affirm wholly or partly or may modify
the order, requirement, decision or determination as ought to be made,
and to that end have all the powers of the administrative officer
from whom the appeal was taken.
i.
Expiration of Variance. Any variance from the terms the terms of
this chapter hereafter granted by the Zoning Board of Adjustment permitting
the erection or alteration of any structure or structures, or permitting
a specified use of any premises shall expire by limitation unless
such construction or alteration shall have been actually commenced
on each and every structure permitted by said variance, or unless
such permitted use has actually been commenced, within 18 months from
the date of entry of the judgment or determination of the Zoning Board
of Adjustment; except however, that the running of the period of limitation
herein provided shall be tolled from the date of filing an appeal
from the decision of the Zoning Board of Adjustment to the Governing
Body or to a court of competent jurisdiction until the termination
in any manner of such appeal or proceeding.
j.
Powers Granted by Law. The Zoning Board of Adjustment shall have
such powers as are granted by law to:
1.
Hear and decide appeals where it is alleged by the applicant that
there is error in any order, requirement, decision or refusal made
by an administrative official or agency based on or made in the enforcement
of the Zoning Ordinance.
2.
Hear and decide requests for interpretation of the map or Zoning
Ordinance, or for decisions upon other special questions upon which
such board is authorized by the Zoning Ordinance to pass.
3.
Where by reason of exceptional narrowness, shallowness, or shape
of a specific piece of property, or by reason of exceptional topographic
conditions, or by reason of other extraordinary and exceptional situation
or condition of such piece of property, the strict application of
any regulations in the Zoning Ordinance would result in peculiar and
exceptional practical difficulties to, or exceptional and undue hardship
upon the developer of such property, to grant upon application or
an appeal relating to such property, a variance from such strict application,
so as to relieve such difficulties or hardship; provided, however,
that no variance shall be granted under this subsection to allow a
structure or use in a district restricted against such structure or
use; and further provided that the proposed development does not require
approval by the Planning Board of a subdivision, site plan or conditional
use in conjunction with which the Planning Board shall review a request
for a variance pursuant to Subsection 47 of the Municipal Land Use
Law of 1975.
4.
In particular cases and for special reasons, grant a variance to
allow departure from regulations pursuant to N.J.S.A. 40:55D-1 et
seq., including but not limited to allowing a structure or use in
a district restricted against such structure or use but only by affirmative
vote of at least five members, in the case of a municipal board, or
2/3 of the full authorized membership, in the case of a regional board
pursuant to N.J.S.A. 40:55D-1 et seq.
5.
No variance or other relief may be granted under the provisions of
this section unless such variance or other relief can be granted without
substantial detriment to the public good and will not substantially
impair the intent and purpose of the zone plan and Zoning Ordinance.
Any application under any subsection of this section may be referred
to any appropriate person or agency, including the Planning Board,
for its report provided that such reference shall not extend the period
of time within which the Zoning Board of Adjustment shall act.
k.
Additional Powers. The Zoning Board of Adjustment shall, in addition to the powers specified in Subsection j of this subsection have power given by law to:
1.
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-34 for a
building or structure in the bed of a mapped street or public drainageway,
flood control basin or public area reserved on the Official Map.
2.
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-36 for a
building or structure not related to a street.
3.
The Zoning Board of Adjustment shall have the power to grant to the same extent and subject to the same restrictions as the Planning Board, subdivision or site plan approval pursuant to Article 6 of c.291, P.L. 1975, or conditional use approval pursuant to N.J.S.A. 40:55D-67 whenever the proposed development requires approval by the Zoning Board of Adjustment of a variance pursuant to Subsection d of Section 57 of this Act (N.J.S.A. 40:55D-70). The developer may elect to submit a separate application requesting approval of the variance and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance shall be conditioned upon grant of all required subsequent approvals by the Zoning Board of Adjustment. No such subsequent approval shall be granted unless such approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zone plan and Zoning Ordinance. The number of votes of Board members required to grant any such subsequent approval shall be as otherwise provided in this act for the approval in question, and the special vote.
l.
Time for Decision. The Zoning Board of Adjustment shall render its
decision not later than 120 days after the date: (1) an appeal is
taken from the decision of an administrative officer; or (2) the submission
of a complete application which has been certified as complete for
development to the Board pursuant to the provisions of N.J.S.A. 40:55D-70(b).
Failure of the Board to render a decision within such 120-day
period or within such further time as may be consented to by the applicant
shall constitute a decision favorable to the applicant.
[Ord. No. 636 A 304; Ord. No. 676 §§ 3 —
5; Ord. No. 841 §§ VII —
IX; Ord. No. 878 §§ 1,
2; Ord. No. 02-20 § 5; Ord. No. 2015-12; Ord.
No. 2015-13]
a.
Conflicts of Interest. No member of the Planning Board or Zoning
Board of Adjustment shall act on any matter in which he has either
directly or indirectly any personal or financial interest. Whenever
any such member shall disqualify himself from acting on a particular
matter, he shall not continue to sit with the Board on the hearing
of such matter nor participate in any discussion or decision relating
thereto.
b.
Meetings.
1.
Meetings of both the Planning Board and Zoning Board of Adjustment
shall be scheduled no less often than once a month and any meeting
so scheduled shall be held as scheduled unless cancelled for lack
of applications for development to process.
2.
Special meetings may be provided for at the call of the Chairman
or on the request of any two Board members, which shall be held on
notice to its members and the public in accordance with all applicable
legal requirements.
3.
No action shall be taken at any meeting without a quorum being present.
4.
All actions shall be taken by majority vote of a quorum except as
otherwise required by any provision of N.J.S.A. 40:55D-1 et seq.
5.
All regular meetings and all special meetings shall be open to the
public. Notice of all such meetings shall be given in accordance with
the requirements of the Open Public Meetings Law, N.J.S.A. 10:4-6
et seq. An executive session for the purpose of discussing and studying
any matters to come before either Board shall not be deemed a regular
or special meeting in accordance with the provisions of N.J.S.A. 40:55D-9.
c.
Minutes. Minutes of every regular or special meeting shall be kept
and shall include the names of the persons appearing and addressing
the Board and of the persons appearing by attorney, the action taken
by the Board, the findings, if any, made by it and reasons therefor.
The minutes shall thereafter be made available for public inspection
during normal business hours at the office of the Municipal Clerk.
Any interested party shall have the right to compel production of
the minutes for use as evidence in any legal proceeding concerning
the subject matter of such minutes. Such interested party may be charged
a fee for reproduction of the minutes for his use as provided for
in the rules of the Board.
d.
Fees. Fees for applications or for the rendering of any service by
the Planning Board or Zoning Board of Adjustment or any member of
their administrative staffs which is not otherwise provided by ordinance
may be provided for and adopted as part of the rules of the Board
and copies of said rules or of the separate fee schedule shall be
available to the public.[1]
e.
Hearings.
1.
Rules. The Planning Board and Zoning Board of Adjustment may make
rules governing the conduct of hearings before such bodies which rules
shall not be inconsistent with the provisions of N.J.S.A. 40:55D-1
et seq. or of this chapter.
2.
Oaths. The officer presiding at the hearing or such person as he
may designate shall have power to administer oaths and issue subpoenas
to compel the attendance of witnesses and the production of relevant
evidence, including witnesses and documents presented by the parties,
and the provisions of the "County and Municipal Investigations Law"
N.J.S.A. 2A:67A-1 et seq. shall apply.
3.
Testimony. The testimony of all witnesses relating to an application
for development shall be taken under oath or affirmation by the presiding
officer and the right of cross-examination shall be permitted to all
interested parties through their attorneys, if represented, or directly,
if not represented, subject to the discretion of the presiding officer
and to reasonable limitations as to time and number of witnesses.
4.
Evidence. Technical rules of evidence shall not be applicable to
the hearing, but the Board may exclude irrelevant, immaterial or unduly
repetitious evidence.
5.
Records. Each Board shall provide for the verbatim recording of the
proceedings by either stenographer, mechanical or electronic means.
The Board shall furnish a transcript of the proceedings to an interested
party at his expense but shall not charge such interested party more
than the maximum permitted in N.J.S.A. 2A:11-1S. Said transcript shall
be certified in writing by the transcriber to be accurate.
6.
When any hearing before the Planning Board or Zoning Board of Adjustment
shall carry over two or more meetings, a member of the Board who was
absent for one or more of the meetings shall be eligible to vote on
the matter upon which the hearing was conducted, notwithstanding his
absence from one or more of the meetings, provided, however that such
Board member has available to him a transcript or a recording of the
meeting from which he was absent, and certifies in writing to the
Board that he has read such transcript or listened to such recording.
7.
The municipal agency shall include findings of fact and conclusions
based thereon in each decision on any application for development
and shall reduce the decision to writing. The municipal agency shall
provide the findings and conclusions through:
(a)
A resolution adopted at a meeting held within the time period
provided in the act for action by the municipal agency on the application
for development; or
(b)
A memorializing resolution adopted at a meeting held not later
than 45 days after the date of the meeting at which the municipal
agency voted to grant or deny approval. Only the members of the municipal
agency who voted for the action taken may vote on the memorializing
resolution, and the vote of a majority of such members present at
the meting at which the resolution is presented for adoption shall
be sufficient to adopt the resolution. An action resulting from the
failure of a motion to approve an application shall be memorialized
by resolution as provided above, with those members voting against
the motion for approval being the members eligible to vote on the
memorializing resolution. The vote on any such resolution shall be
deemed to be a memorialization of the action of the municipal agency
and not to be an action of the municipal agency; however, the date
of the adoption of the resolution shall constitute the date of the
decision for purposes of the mailings, filings and publications.
8.
A copy of the decision shall be mailed by the municipal agency within
10 days of the date of decision to the applicant, or if represented,
then to his attorney, without separate charge, and to all who request
a copy of the decision for a reasonable fee. A copy of the decision
shall also be filed by the municipal agency in the office of the administrative
officer. The administrative officer shall make a copy of such filed
decision available to any interested party for a reasonable fee and
available for public inspection at his office during reasonable hours.
f.
Notice of Hearing Involving Applications for Development. Notices
of hearings on applications for development shall be given as follows:
1.
The public notice of the hearing shall be given to the owners of
all real property as shown on the current tax duplicate located within
200 feet in all directions of the property which is the subject of
such hearing provided that this requirement shall be deemed satisfied
by notice to the: (1) condominium association, in the case of any
unit owner whose unit has a unit above or below it; or (2) horizontal
property regime, in the case of any co-owner whose apartment has an
apartment above or below it. Notice shall be given by serving a copy
thereof on the property owner as shown on the said current tax duplicate,
or his agent in charge of the property owner at his address as shown
on the current tax duplicate. Notice to a partnership owner may be
made by service upon any partner. Notice to a corporate owner may
be made by service upon its president, a vice president, secretary
or other person authorized by appointment or by law to accept service
on behalf of the corporation. Notice to a condominium association,
horizontal property regime, community trust or homeowners' association,
because of its ownership of common elements are areas located within
200 feet of the property which is subject of the hearing, may be made
in the same manner as to a corporation without further notice to unit
owners, co-owners, or homeowners on account of such common elements
or areas.
2.
Notice of all hearings on applications for development involving
property located within 200 feet of a municipality adjoining the Township
of Sparta shall be given by personal service or certified mail to
the clerk of such municipality.
3.
Notice shall be given by personal service or certified mail to the
Sussex County Planning Board of a hearing on an application for development
of property adjacent to an existing County road or proposed road shown
on the Official County Map or on the County Master Plan, adjoining
other County land or situated within 200 feet of a municipal boundary
of the Township of Sparta.
4.
Notice shall be given by personal service or certified mail to the
New Jersey Commissioner of Transportation of a hearing on an application
for development of property adjacent to a State highway.
5.
Notice shall be given by personal service or certified mail to the
State Planning Commission of a hearing on an application for development
of property which exceeds 150 acres of 500 dwelling units. Such notice
shall include a copy of any maps or documents required to be on file
with the Township Clerk.
6.
Upon the written request of an applicant, the Tax Assessor of the
Township shall, within seven days, make and certify a list from said
current tax duplicates of names and addresses of owners to whom the
applicant is required to give notice pursuant to Subsection f1 of
this subsection. The applicant shall be entitled to rely upon the
information contained in such list and failure to give notice to any
owner not on the list shall not invalidate any hearing or proceeding.
A sum not to exceed $10 may be charged for such list.
7.
The applicant shall file an affidavit of proof of service with the
Township agency holding the hearing on the application for development
in the event that the applicant is required to give notice pursuant
to this subsection.
8.
Notice pursuant to Subsections f4, 5, 6 and 7 of this subsection
shall not be deemed to be required, unless public notice pursuant
to Subsection f1 and notice to Subsection f2 of this subsection are
required.
9.
Notice of hearings pursuant to Subsections f1 and 2 of this subsection
shall be required for all applications for development for which notice
is required pursuant to N.J.S.A. 40:55D-12 et seq. and public notice
of a hearing on an application for development shall also be required
for all preliminary major site plan applications but not including
any minor site plans as defined by this chapter.
g.
Decisions. The municipal agency shall include findings of fact and
conclusions based thereon in each decision on any application for
development and shall reduce the decision in writing. The municipal
agency shall provide the findings and conclusions through:
1.
A resolution adopted at a meeting held within the time period provided
in the Act for action by the municipal agency on the application for
development; or
2.
A memorializing resolution adopted at a meeting held not later than 45 days after the date of the meeting at which the municipal agency voted to grant or deny approval. Only the members of the municipal agency who voted for action taken may vote on the memorializing resolution, and the vote of a majority of such members present at the meeting at which the resolution is presented for adoption shall be sufficient to adopt the resolution. An action pursuant to Section 5 of the Act 9 (N.J.A.C. 40:55D-9) (resulting from the failure of a motion to approve an application) shall be memorialized by resolution as provided above, with those members voting against the motion for approval being the members eligible to vote on the memorialization of the action of the municipal agency and not to be an action of the municipal agency; however, the date of the adoption of the resolution shall constitute the date of the decision for purposes of the mailings, filings and publications required by Subsections h and i of this subsection (C.40:55D-10). If the municipal agency fails to adopt a resolution or memorializing resolution as hereinabove specified, any interested party may apply to the Superior Court in a summary manner for an order compelling the municipal agency to reduce its findings and conclusions to writing within a stated time and the cost of the application, including attorney's fees shall be assessed against the municipality.
h.
Publication of Decision. A brief notice of every final decision shall
be published in the official newspaper of the municipality. Such publication
shall be arranged by the Secretary of the Planning Board or Zoning
Board of Adjustment, as the case may be, without separate charge to
the applicant. Said notice shall be sent to the official newspaper
for publication within 10 days of the date of any such decision.
i.
Payment of Taxes. Pursuant to the provisions of N.J.S.A. 40:55D-39
and N.J.S.A. 40:55D-65, every application for development submitted
to the Planning Board or Zoning Board of Adjustment shall be accompanied
by proof that no taxes or assessments for local improvements are due
or delinquent on the property which is the subject of such application;
or, if it is shown that taxes or assessments are delinquent on said
property any approvals or other relief granted by either Board shall
be conditioned upon either the prompt payment of such taxes or assessments
or the making of adequate provisions for the payment thereof in such
manner that the municipality will be adequately protected.
j.
Complete Application; Waiver of Defects. An application for development
shall be complete for purposes of commencing the applicable time period
for action by a municipal agency when so certified by the municipal
agency or its authorized committee or designee.
In the event that the agency, committee or designee does not
certify the application to be complete within 45 days of the date
of its submission, the application shall be deemed complete upon the
expiration of the forty-five-day period for purposes of commencing
the applicable time period unless:
1.
The application lacks information indicated on the checklist which
shall be provided to the applicant. Said checklists are included as
an Appendix "B" entitled "Application Checklists," which is an appendix
hereto and hereby declared to be a part of this chapter.[2]
[2]
Editor's Note: Appendix B, referred to herein, may be found
attached to this chapter.
2.
The municipal agency or its authorized committee or designee has
notified the applicant, in writing, of the deficiencies in the application
within 45 days of submission of the application.
|
The applicant may request that one or more of the submission
requirements be waived, in which event the agency or its authorized
committee shall grant or deny the request within 45 days. Nothing
herein shall be construed as diminishing the applicant's obligation
to prove in the application process that he is entitled to approval
of the application. The municipal agency may subsequently require
correction of any information found to be in error and submission
of additional information not specified in the chapter or any revisions
in the accompanying documents, as are reasonably necessary to make
an informed decision as to whether the requirements necessary for
approval of the application for development have been met. The application
shall not be deemed incomplete for lack of any such additional information
or any revisions in the accompanying documents so required by the
municipal agency.
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k.
Highlands Preservation Area Checklists and Procedures.
1.
Applicability. This Ordinance shall apply to any Application for
Development involving lands located within (or partially within) the
Township Highlands Area (as illustrated in Exhibit 1, "Township of
Sparta Highlands Preservation Area") that seeks approval of a site
plan, subdivision, or change in use, where approval of such application
would: a) result in the ultimate disturbance of one acre or more of
land; b) produce a cumulative impervious surface area of 1/4 acre,
or more; c) in the case of residential development, create three or
more dwelling units; or d) introduce or expand on any of the following
land uses/facilities:[3]
(a)
Landfills;
(b)
Permanent storage or disposal of hazardous wastes, industrial
or municipal sludge or radioactive materials, including solid waste
landfills;
(c)
Collection and transfer facilities for hazardous wastes, solid
wastes that contain hazardous materials, and radioactive materials;
(d)
Industrial treatment facility lagoons; or
(e)
Any Major or Minor Potential Contaminant Source (as identified
in Appendix A and Appendix B of this Ordinance, respectively) on lands
located within 200 feet of the wellhead of any public community well
or public non-community well, as these are defined at Subsection k6
below.[4]
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For purposes of this Ordinance, the phrases "Application for
Development," "Highlands Area," "residential development," "ultimate
disturbance," and "cumulative impervious surface area" shall be defined
as provided at Subsection k6 below.
|
[3]
Editor's Note: Exhibit 1, Highlands Preservation Area Map,
referred to herein may be found on file in the Township Offices.
2.
Administrative Completeness.
(a)
Consistency Determinations Required. No Application for Development
included in Subsection 1 above, shall be deemed complete or considered
for review by the applicable Land Use Board until and unless the applicant
has obtained and provided a copy of:
(1)
A Consistency Determination from the Highlands Council indicating
that the application is consistent with the Highlands Regional Master
Plan; or
(b)
Findings of Inconsistency. Where a Highlands Council Consistency
Determination indicates that an Application for Development is inconsistent
with the Highlands Regional Master Plan, no such application shall
be deemed complete or considered for review by the applicable Land
Use Board, until or unless the applicant has obtained from the professional(s)
responsible for preparation of the applicant's plans, a certification
indicating that to the best of the knowledge and abilities of such
professional(s), the application has, since review by the Highlands
Council, been revised to achieve consistency with the Highlands Regional
Master Plan, and specifically describing the revisions made to achieve
such consistency.
(c)
Checklist Waiver. The Township may issue a waiver from the provisions of this Subsection k where it can be established by the applicant and can be verified by the designated representative(s) of the Township that:
(1)
The activity, improvement or development proposed by the subject Application for Development has not yet been formally determined to be exempt from the Highlands Act (see Subsection 5(b) below), but eligibility for an exemption has been sufficiently established by the applicant; or
(2)
The activity, improvement or development proposed in the Application for Development will neither encroach upon a Highlands resource or Highlands Resource Area, nor be of detrimental impact to any Highlands resource or Highlands Resource Area as these are identified and delineated in the Highlands Regional Master Plan. The applicant's professional(s) responsible for preparation of the applicant's plan shall establish compliance of the above through a formal certification specifically addressing the Highlands resources and Resource Areas and related policies and objectives as identified in Chapter 4 of the Highlands Regional Master Plan.
(d)
Highlands Council Call-Up. All municipal waivers or findings of application completeness issued pursuant to this Subsection k shall be issued in writing, inclusive of a statement indicating the rationale for the determination. All such determinations shall be subject to Highlands Council call-up review, and shall include conditions requiring same consistent with this subsection. The municipality shall within five calendar days of issuance of all such determinations, provide a copy of the decision to the applicant and to the Highlands Council. The Highlands Council call-up review period shall expire 15 calendar days following its receipt of same. Upon determining to exercise this authority for call-up review, the Highlands Council shall transmit notice to the applicant and the municipality. Absent any such notification from the Highlands Council within that timeframe, the application shall be considered complete, with the date of the waiver or finding of application completeness to be as of the date of first issuance by the municipality.
3.
Notice Requirements. The provisions of this Subsection k3 shall apply
in addition to all requirements concerning public notice for Applications
for Development as provided under the MLUL and required pursuant to
the underlying municipal land use ordinances.
(a)
Notice to Highlands Council of Application. The applicant for
any Application for Development shall provide notice to the Highlands
Council at least 10 days prior to the date on which the application
is scheduled for consideration by the local Board. A copy of the complete
application shall accompany such notice regarding any Application
for Development involving the potential disturbance of two acres,
or more, or a cumulative increase in impervious coverage of one acre,
or more. The applicant shall provide copies of any subsequent revisions
to such applications to the Highlands Council at the same time these
are provided to the reviewing Board. If such plans or plats have been
prepared in digital form, they shall be provided to the Highlands
Council in a digital format that meets Highlands Council standards
for such submissions.
(b)
Notice of Decision Required. The reviewing Board shall provide
a certified copy of the fully-executed resolution memorializing its
final decision regarding any Application for Development to the Highlands
Council within 10 days of its adoption. This provision shall apply
in all cases, whether the Board approves the Application for Development,
denies it, or approves it with conditions.
4.
Highlands Council Call-Up Provisions. All Board decisions pertaining
to Applications for Development involving the ultimate disturbance
of two acres or more of land or a cumulative increase in impervious
surface by one acre or more, are subject to call-up and subsequent
review by the Highlands Council in accordance with procedural requirements
and timeframes established pursuant to the Highlands Act. The Highlands
Council may, on notice to the applicant within 15 calendar days of
receipt of the memorializing resolution of the reviewing Board, review
and require a public hearing on the application. In that case, subsequent
to the hearing the Highlands Council may approve the Application for
Development, deny it, or issue an approval with conditions.
The following conditions of approval shall be attached to any
Application for Development approved pursuant to the MLUL which involves
lands within or partially within the Highlands Preservation Area:
(a)
No Land Disturbance. No land disturbance approved in connection
with an Application for Development involving the ultimate disturbance
of two acres or more of land or a cumulative increase in impervious
surface by one acre or more, shall occur until and unless, either:
(1)
The Highlands Council call-up period has expired without issuance
of a notice seeking review of the application by the Highlands Council;
or
(2)
The Highlands Council has issued notice, and has reviewed the
approval pursuant to N.J.S.A. 13:20-17(a)1 and has determined not
to deny or modify the approval.
(b)
Amendments. In the event that Highlands Council review of an
approved Application for Development pursuant to this subsection results
in a finding that the plans must be modified, the applicant shall
amend the application accordingly and submit the amended application
to the reviewing Board for approval. Such submissions shall include
the written findings and notice of decision of the Highlands Council
and any subsequent approval by the Land Use Board shall incorporate
any conditions imposed by the Highlands Council.
(c)
Approvals Conditioned on State Approvals. All approvals shall
be subject to the approval of any and all State agencies or other
authorities having jurisdiction over any aspect or aspects of the
approved Application for Development.
(d)
As-Built Surveys Required. Prior to issuance of any final Certificate
of Occupancy or Approval, or to the release of any performance bonding
held in relation to the approved Application for Development, the
applicant shall provide an "as-built" survey depicting the final site
conditions.
(e)
Submission of Final Plans/Plats to Highlands Council. The applicant
shall provide a copy of any final site plan or subdivision plat to
the Highlands Council. If such plans or plats have been prepared in
digital form, they shall be provided to the Highlands Council in a
digital format that meets Highlands Council standards for such submissions
in lieu of copies printed on paper.
5.
Exclusions and Exemptions.
(a)
Exclusions. The following specific improvements and related
applications shall be excluded from the provisions of this Ordinance:
(1)
The reconstruction, within the same footprint, of any building
or other structure lawfully existing as of the effective date of this
Ordinance, in the event of its destruction or partial destruction
by fire, storm, natural disaster, or any other unintended circumstance.
(2)
Any improvement or alteration to a building or other structure
lawfully existing as of the effective date of this Ordinance, where
such improvement or alteration is necessary for compliance with the
provisions of the Americans with Disabilities Act, or to otherwise
provide accessibility to the disabled.
(3)
Any Agricultural or Horticultural Use or Development that would
not result in either:
[a]
An increase, since the date of enactment of the
Highlands Act (August 10, 2004), either individually or cumulatively,
of new agricultural impervious cover of greater than 3% to the total
land area of a Farm Management Unit. Solar panels shall not be included
in any calculation of agricultural impervious cover (all terms as
defined in Subsection k6, below); or
[b]
Construction of three or more residential dwelling
units (including accessory dwelling units) served by individual on-site
septic system(s).
(b)
Exemptions. Any activity, improvement or development project
listed and demonstrated to constitute a Highlands Act exemption shall
be exempt from the provisions of this Ordinance. Formal demonstration
of a Highlands Act exemption for an Application for Development involving
lands located (or partially located) in the Preservation Area shall
consist of one of the following:
(1)
State Agency Determination. State Agency Determinations shall
consist of a Highlands Applicability Determination (HAD) issued by
the NJDEP indicating that the proposal qualifies as a Highlands Act
Exemption.
(2)
Municipal Determination. Pursuant to Sparta Township Ordinance
entitled "Township of Sparta Highlands Area Exemption Ordinance,"
for any application under this Ordinance involving Highlands Act Exemptions
#4, #6, #7, or #8, the applicant may request and shall be deemed to
have satisfied the evidentiary requirement by obtaining a Municipal
Exemption Determination issued by the Municipal Exemption Designee,
provided such Determination indicates that the proposal qualifies
as a Highlands Act Exemption. The applicant may rely upon the findings
of a Municipal Exemption Determination to the same extent and with
the same protections as would apply in the case of a HAD issued by
the NJDEP.[5]
6.
AGRICULTURAL IMPERVIOUS COVER
AGRICULTURAL OR HORTICULTURAL DEVELOPMENT
AGRICULTURAL OR HORTICULTURAL USE
APPLICANT
APPLICATION FOR DEVELOPMENT
DISTURBANCE
DISTURBANCE, ULTIMATE
FARM MANAGEMENT UNIT
HIGHLANDS ACT
HIGHLANDS APPLICABILITY DETERMINATION (HAD)
HIGHLANDS AREA
HIGHLANDS COUNCIL
HIGHLANDS REGION
IMPERVIOUS SURFACE
IMPERVIOUS SURFACES, CUMULATIVE
MAJOR POTENTIAL CONTAMINANT SOURCES (PCS)
MINOR POTENTIAL CONTAMINANT SOURCES (PCS)
MUNICIPAL LAND USE LAW (MLUL)
NJDEP
NJDEP PRESERVATION AREA RULES
PLAN CONFORMANCE
PLANNING AREA
PRESERVATION AREA
PUBLIC COMMUNITY WELL
PUBLIC NON-COMMUNITY WELL
REGIONAL MASTER PLAN (RMP)
SOLAR PANEL
STRUCTURE
Definitions. For the purpose of this Ordinance, the following terms,
phrases, words, and their derivations shall have the meanings stated
herein unless their use in the text of this Ordinance clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
Shall mean agricultural or horticultural buildings, structures
or facilities with or without flooring, residential buildings and
paved areas, but not meaning temporary coverings.
Shall mean construction for the purposes of supporting common
farmsite activities, including but not limited to, the production,
harvesting, storage, grading, packaging, processing, and the wholesale
and retail marketing of crops, plants, animals, and other related
commodities and the use and application of techniques and methods
of soil preparation and management, fertilization, weed, disease,
and pest control, disposal of farm waste, irrigation, drainage and
water management, and grazing.
Shall mean the use of land for common farmsite activities,
including but not limited to, the production, harvesting, storage,
grading, packaging, processing, and the wholesale and retail marketing
of crops, plants, animals, and other related commodities and the use
and application of techniques and methods of soil preparation and
management, fertilization, weed, disease, and pest control, disposal
of farm waste, irrigation, drainage and water management, and grazing.
Means a developer submitting an Application for Development.
Shall mean the application form and all accompanying documents
required by ordinance for approval of a subdivision plat, site plan,
planned development, conditional use, zoning variance, or direction
of the issuance of a permits pursuant to Section 25 or Section 27
of P.L.1975, c.291 (C.40:55D-34 or C.40:55D-36).
Shall mean the placement of impervious surface, the exposure
or movement of soil or bedrock, or the clearing, cutting, or removing
of vegetation.
Shall mean the total existing or proposed area of disturbance
of a lot, parcel, or other legally designated (or otherwise legally
recognized) tract or subdivision of land, for the purpose of, and
in connection with, any human activity, property improvement, or development,
including the surface area of all buildings and structures, all impervious
surfaces, and all associated land disturbances such as excavated,
filled, and graded areas, and all lawn and landscape areas. Ultimate
disturbance shall not include areas of prior land disturbance which
at the time of evaluation: a) contain no known man-made structures
(whether above or below the surface of the ground) other than such
features as old stone rows or farm field fencing; and b) consist of
exposed rock outcroppings, or areas which, through exposure to natural
processes (such as weathering, erosion, siltation, deposition, fire,
flood, growth of trees or other vegetation) are no longer impervious
or visually obvious, or ecologically restored areas which will henceforth
be preserved as natural areas under conservation restrictions.
Shall mean a parcel or parcels of land, whether contiguous
or noncontiguous, together with agricultural or horticultural buildings,
structures and facilities, producing agricultural or horticultural
products, and operated as a single enterprise.
Shall mean the Highlands Water Protection and Planning Act,
P.L. 2004, c.120, as amended, codified in part at N.J.S.A. 13:20-1
et seq.
Shall mean the determination made by the NJDEP of whether
a project proposed for the Preservation Area is a major Highlands
development, whether any such major Highlands development is exempt
from the Highlands Act, and whether the project is consistent with
the applicable Areawide Water Quality Management Plan.
Shall mean that portion of the municipality for which the
land use planning and regulation are in conformance with, or are intended
or proposed to be in conformance with, the Highlands Regional Master
Plan, specifically in the context of this Ordinance, the Township
of Sparta Highlands Preservation Area.
Shall mean the New Jersey Highlands Water Protection and
Planning Council.
Shall mean all that area within the boundaries of the municipalities listed in Subsection a of Section 7 of the Highlands Act.
Shall mean any structure, surface, or improvement that reduces
or prevents absorption of stormwater into land, including, but not
limited to, porous paving, paver blocks, gravel, crushed stone, decks,
patios, elevated structures, and other similar structures, surfaces,
or improvements.
Shall mean the total area of all existing or proposed impervious
surfaces situated or proposed to be situated within the boundary lines
of a lot, parcel, or other legally recognized subdivision of land,
expressed either as a measure of land area such as acreage, or square
feet, or as a percentage of the total lot or parcel area.
Shall mean land uses and activities determined by the Highlands
Council to pose a major risk of ground water contamination (see Appendix
A).
Shall mean land uses and activities determined by the Highlands
Council to pose a minor risk of ground water contamination (see Appendix
B).
Shall mean the New Jersey Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq.
Shall mean New Jersey Department of Environmental Protection.
Shall mean the regulations established by the NJDEP to implement
requirements of the Highlands Act, titled "Highlands Water Protection
and Planning Act Rules," and codified at N.J.A.C. 7:38-1 et seq.
Shall mean the process by which a municipality revises the
master plan, development regulations and other regulations related
to the development and use of land to conform them with the goals,
requirements, and provisions of the Regional Master Plan in accordance
with the Highlands Plan Conformance Guidelines.
Shall mean lands within the Highlands Region not within the
Preservation Area (N.J.S.A. 13:20-7).
Shall mean that portion of the Highlands Region so designated by Subsection b of Section 7 of the Highlands Act.
Shall mean a well that provides water to a public water system
serving at least 15 service connections used by year-round residents
or regularly serving at least twenty-five-year-round residents.
Shall mean a well that is not a public community well and
that provides water to a public water system regularly serving at
least 25 individuals for at least 60 days in any given calendar year.
Shall mean the Highlands Regional Master Plan or any revision
thereof adopted by the Highlands Council pursuant to N.J.S.A. 13:20-8.
Shall mean an elevated panel or plate, or a canopy or array
thereof, that captures and converts solar radiation to produce power,
and includes flat plate, focusing solar collectors, or photovoltaic
solar cells and excludes the base or foundation of the panel, plate,
canopy, or array. (As defined by the Highlands Act, N.J.S.A. 13:20-1
et seq, as amended.)
Shall mean a combination of materials to form a construction
for occupancy, use or ornamentation whether installed on, above, or
below the surface of a parcel of land.
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APPENDIX A
MAJOR POTENTIAL CONTAMINANT SOURCES
[Ord. No. 2015-12] | |
|---|---|
|
Land uses and activities determined by the Highlands Council
(based on New Jersey Safe Drinking Water Act regulations at N.J.A.C.
7:10 and NJDEP regulations) to be Major Potential Contaminant Sources
include those listed below.
| |
|
1.
|
Underground fuel and chemical storage and oil tanks regulated
by NJDEP under provisions of the Underground Storage of Hazardous
Substances Act (N.J.S.A. 58:10A-21 et seq.).
|
|
2.
|
Above-ground storage facility for a hazardous substance or waste
with a cumulative capacity greater than 2,000 gallons.
|
|
3.
|
Automotive service center (repair & maintenance).
|
|
4.
|
Dry cleaning processing facility.
|
|
5.
|
Road salt storage facility.
|
|
6.
|
Cemetery.
|
|
7.
|
Highway maintenance yard.
|
|
8.
|
Truck, bus, locomotive maintenance yard.
|
|
9.
|
Site for storage and maintenance of heavy construction equipment
and materials.
|
|
10.
|
Site for storage and maintenance of equipment and materials
for landscaping, excluding household storage and maintenance of such
equipment.
|
|
11.
|
Livestock operation containing 300 or more Animal Units (AU)
[1 AU = 1,000 pounds of live animal weight] as defined by the NJ Department
of Agriculture in its Criteria and Standards for Animal Waste Management,
at N.J.A.C. 2:91.
|
|
12.
|
Quarrying and/or mining facility.
|
|
13.
|
Asphalt and/or concrete manufacturing facility.
|
|
14.
|
Junkyard/auto recycling and scrap metal facility.
|
|
15.
|
Residential or agricultural motor fuel in NJDEP exempted underground
storage tanks (i.e., under 1,000 gallons).
|
|
APPENDIX B
MINOR POTENTIAL CONTAMINANT SOURCES
[Ord. No. 2015-12] | |
|---|---|
|
Land uses and activities determined by the Highlands Council
(based on New Jersey Safe Drinking Water Act regulations at N.J.A.C.
7:10 and NJDEP regulations) to be Minor Potential Contaminant Sources
include the following:
| |
|
1.
|
Underground storage of hazardous substance or waste of less
than 50 gallons.
|
|
2.
|
Underground heating oil storage tank with a capacity of less
than 2,000 gallons.
|
|
3.
|
Sewage treatment facility regulated by a NJPDES permit granted
under N.J.A.C. 7:14A.
|
|
4.
|
Industrial waste line.
|
|
5.
|
Septic system disposal field.
|
|
6.
|
Facility requiring a ground water discharge permit issued by
the NJDEP pursuant to N.J.A.C. 7:14A et seq.
|
|
7.
|
Stormwater retention-recharge basin on an industrial property
receiving runoff from surfaces other than roof areas.
|
|
8.
|
Dry well on an industrial property receiving runoff from surfaces
other than roof areas.
|
|
9.
|
Waste oil collection, storage and recycling facility.
|
|
10.
|
Agricultural chemical bulk storage and mixing or loading facility
including crop dusting facilities.
|
|
11.
|
Above-ground storage of hazardous substance or waste in quantities
of less than 2,000 gallons.
|
|
12.
|
Livestock operation containing 8 or more Animal Units (AU) [1
AU = 1,000 pounds of live animal weight] or those receiving 142 or
more tons of animal waste per year as defined by the NJ Department
of Agriculture pursuant to its Criteria and Standards for Animal Waste
Management, at N.J.A.C. 2:91.
|
l.
Township of Sparta Highlands Area Exemption Ordinance.
1.
Purpose. The purpose of this Ordinance is to set forth the procedural
and substantive requirements by which the municipality will issue
Highlands Act Exemption Determinations. Such determinations pertain
only to Highlands Act Exemptions 1, 2, 4, 5, 6, 7, and 8. Highlands
Act Exemption Determinations indicate whether proposed activities,
improvements or development projects affecting lands located within
the Township Highlands Area are exempt from the Highlands Water Protection
and Planning Act ("Highlands Act," N.J.S.A. 13:20-1 et seq.), and
are therefore exempt from the Highlands Water Protection and Planning
Council's ("Highlands Council") Regional Master Plan, the New Jersey
Department of Environmental Protection's (NJDEP) Highlands Water Protection
and Planning Act Rules ("Preservation Area Rules," N.J.A.C. 7:38-1
et seq.), and from any amendments to the Township's master plan, development
regulations, or other regulations adopted pursuant to the approval
of the Township's Petition for Plan Conformance by the Highlands Council.
2.
Scope/Applicability. The provisions of this Ordinance pertain to
activities, improvements and development projects involving lands
located within the Township Highlands Area. The Highlands Area comprises
that portion of the municipality for which the applicable provisions
of the Township Master Plan, land use ordinances and other pertinent
regulations have been deemed by the Highlands Council to be in conformance
with the Highlands Regional Master Plan (RMP) (see § 3.1.1).
The provisions of this Ordinance shall not be construed to alleviate
any person or entity from the provisions and requirements of any other
applicable ordinances, rules, or regulations of the municipality,
or from any other applicable law, regulation, or requirement of any
county, State, or Federal authority having jurisdiction. Nor shall
the provisions of this Ordinance deprive any person or entity from
seeking a Highlands exemption determination from the NJDEP or the
Highlands Council.
3.
Statutory Authority. This Ordinance is adopted under the authority
of the Highlands Act and the New Jersey Municipal Land Use Law ("MLUL",
N.J.S.A. 40:55D-1 et seq.). In the Highlands Act, the Legislature
identified numerous categories of activities that are exempt from
the Act, the RMP, the Preservation Area Rules, and any amendments
to a master plan, development regulations, or other regulations adopted
by a local government to conform them with the RMP. See N.J.S.A. 13:20-28.
The Legislature granted the Highlands Council the authority
to administer the plan conformance process and to approve, reject,
or approve with conditions municipal plan conformance petitions. See
N.J.S.A. 13:20-14, -15. The Legislature, through the MLUL, granted
authority to New Jersey municipalities to govern land use and development
within their borders and, through the Highlands Act, established requirements
for Highlands municipalities to conform their land use and development
regulations with the RMP. In a July 19, 2012 Memorandum of Understanding
(MOU) between the Highlands Council and the NJDEP, the Council and
the NJDEP recognized the circumstances in which it would be appropriate
for conforming, Highlands Council-certified municipalities to make
determinations regarding specified Highlands Act exemptions.
4.
Word Usage. Terms used in the body of this Ordinance which are defined
by the Highlands Act (N.J.S.A. 13:20-3) are intended to have the same
definitions as provided in the Highlands Act. Unless expressly stated
to the contrary or alternately defined herein, terms which are defined
by the MLUL are intended to have the same meaning as set forth in
the MLUL. For purposes of this Ordinance, the terms "shall" and "must"
are indicative of a mandatory action or requirement while the word
"may" is permissive.
5.
AGRICULTURAL IMPERVIOUS COVER
AGRICULTURAL OR HORTICULTURAL DEVELOPMENT
AGRICULTURAL OR HORTICULTURAL USE
APPLICANT
APPLICATION FOR DEVELOPMENT
BUILDING PERMIT
CONSTRUCTION PERMIT
DEVELOPMENT
DISTURBANCE
DISTURBANCE, ULTIMATE
ENVIRONMENTAL LAND USE OR WATER PERMIT
FARM MANAGEMENT UNIT
FARMSITE
FOREST MANAGEMENT PLAN
HIGHLANDS APPLICABILITY DETERMINATION
HIGHLANDS AREA
HIGHLANDS PRESERVATION AREA APPROVAL (HPAA)
IMMEDIATE FAMILY MEMBER
IMPERVIOUS SURFACE
IMPERVIOUS SURFACES, CUMULATIVE
MAJOR HIGHLANDS DEVELOPMENT
MASTER PLAN
MASTER PLAN, HIGHLANDS REGIONAL (RMP)
MUNICIPAL LAND USE LAW (MLUL)
NJDEP
NJDEP PRESERVATION AREA RULES
PLANNING AREA
PRESERVATION AREA
SOLAR PANEL
STRUCTURE
Definitions. For purposes of this Ordinance the following definitions
shall apply:
Shall mean agricultural or horticultural buildings, structures
or facilities with or without flooring, residential buildings and
paved areas, but not meaning temporary coverings. (N.J.S.A. 13:20-3.)
Shall mean construction for the purposes of supporting common
farmsite activities, including but not limited to, the production,
harvesting, storage, grading, packaging, processing, and the wholesale
and retail marketing of crops, plants, animals, and other related
commodities and the use and application of techniques and methods
of soil preparation and management, fertilization, weed, disease,
and pest control, disposal of farm waste, irrigation, drainage and
water management, and grazing. (N.J.S.A. 13:20-3.)
Shall mean the use of land for common farmsite activities,
including but not limited to, the production, harvesting, storage,
grading, packaging, processing, and the wholesale and retail marketing
of crops, plants, animals, and other related commodities and the use
and application of techniques and methods of soil preparation and
management, fertilization, weed, disease, and pest control, disposal
of farm waste, irrigation, drainage and water management, and grazing.
(N.J.S.A. 13:20-3.)
Shall mean any entity applying to the Board of Health, Planning
Board, Zoning Board of Adjustment, Zoning Officer, Construction Official
or other applicable authority of the municipality for permission or
approval to engage in an activity that is regulated by the provisions
of this Ordinance.
Shall mean the application form and all accompanying documents
required by ordinance for approval of a subdivision plat, site plan,
planned development, conditional use, zoning variance, or direction
of the issuance of a permit pursuant to Section 25 or Section 27 of
P.L.1975, c.291 (C.40:55D-34 or C.40:55D-36).
Used interchangeably with the term "construction permit";
see definition below.
Shall mean a permit issued pursuant to the New Jersey Uniform Construction Code, Chapter 23 of Title 5 of the New Jersey Administrative Code (N.J.A.C. 5:23-1 et seq.), providing authorization to begin work subject to the conditions and requirements established under the provisions therein.
Shall mean the division of a parcel of land into two or more
parcels, the construction, reconstruction, conversion, structural
alteration, relocation, or enlargement of any building or other structure,
or of any mining excavation or landfill, and any use or change in
the use of any building or other structure, or land or extension of
use of land, for which permission may be required pursuant to the
MLUL. (N.J.S.A. 13:20-3; N.J.S.A. 40:55D-4.)
Shall mean the placement of impervious surface, the exposure
or movement of soil or bedrock, or the clearing, cutting, or removing
of vegetation. (N.J.S.A. 13:20-3.)
Shall mean the total existing or proposed area of disturbance
of a lot, parcel, or other legally designated (or otherwise legally
recognized) tract or subdivision of land, for the purpose of, and
in connection with, any human activity, property improvement, or development,
including the surface area of all buildings and structures, all impervious
surfaces, and all associated land disturbances such as excavated,
filled, and graded areas, and all lawn and landscape areas. Ultimate
disturbance shall not include areas of prior land disturbance which
at the time of evaluation: a) contain no known man-made structures
(whether above or below the surface of the ground) other than such
features as old stone rows or farm field fencing; and b) consist of
exposed rock outcroppings, or areas which, through exposure to natural
processes (such as weathering, erosion, siltation, deposition, fire,
flood, growth of trees or other vegetation) are no longer impervious
or visually obvious, or ecologically restored areas which will henceforth
be preserved as natural areas under conservation restrictions.
Shall mean a permit, approval, or other authorization issued
by the Department of Environmental Protection pursuant to the "Freshwater
Wetlands Protection Act," P.L.1987, c.156 (C.13:9B-1 et seq.), the
"Water Supply Management Act," P.L.1981, c.262 (C.58:1A-1 et seq.),
the "Water Pollution Control Act," P.L.1977, c.74 (C.58:10A-1 et seq.),
"The Realty Improvement Sewerage and Facilities Act (1954)," P.L.1954,
c.199 (C.58:11-23 et seq.), the "Water Quality Planning Act," P.L.1977,
c.75 (C.58:11A-1 et seq.), the "Safe Drinking Water Act," P.L.1977,
c.224 (C.58:12A-1 et seq.), or the "Flood Hazard Area Control Act,"
P.L.1962, c.19 (C.58:16A-50 et seq.). (N.J.S.A. 13:20-3.)
Shall mean a parcel or parcels of land, whether contiguous
or noncontiguous, together with agricultural or horticultural buildings,
structures and facilities, producing agricultural or horticultural
products, and operated as a single enterprise. (N.J.S.A. 13:20-3.)
Shall mean a Farm Management Unit as defined above.
Shall mean a written guidance document describing the forest
resources present on a property, the landowner's management goals
and objectives, and the recommended practices or activities to be
carried out over time on the land. This tool is used to evaluate a
forest land's current state and provide a management process which,
over time, meets the landowner's objectives, while maintaining health
and vigor of the resource. Forest Management Plans are typically written
for a ten-year period. (RMP, Glossary.)
Shall mean a determination made by the NJDEP (pursuant to
N.J.A.C. 7:38-2.4) indicating whether a project proposed for the Preservation
Area is a major Highlands development, whether any such major Highlands
development is exempt from the Highlands Act, and whether the project
is consistent with the applicable Areawide Water Quality Management
Plan.
Shall mean that portion of the municipality for which the
land use planning and regulation are in conformance with, or are intended
or proposed to be in conformance with, the Highlands RMP.
Shall mean an approval issued by the NJDEP pursuant to 7:38-6
pertinent to a regulated activity in the Highlands Preservation Area,
and including an HPAA that contains a waiver pursuant to N.J.S.A.
13:20-33b.
Shall mean a spouse, child, parent, sibling, aunt, uncle,
niece, nephew, first cousin, grandparent, grandchild, father-in-law,
mother-in-law, son-in-law, daughter-in-law, stepparent, stepchild,
stepbrother, stepsister, half brother, or half sister, whether the
individual is related by blood, marriage, or adoption. (N.J.S.A. 13:20-3.)
Shall mean any structure, surface, or improvement that reduces
or prevents absorption of stormwater into land, including, but not
limited to, porous paving, paver blocks, gravel, crushed stone, decks,
patios, elevated structures, and other similar structures, surfaces,
or improvements. (N.J.S.A. 13:20-3.)
Shall mean the total area of all existing or proposed impervious
surfaces situated or proposed to be situated within the boundary lines
of a lot, parcel, or other legally recognized subdivision of land,
expressed either as a measure of land area such as acreage, or square
feet, or as a percentage of the total lot or parcel area.
Shall mean except as otherwise provided pursuant to Subsection a of Section 30 of the Highlands Act ("Exemptions"): (1) any non-residential development in the Preservation Area; (2) any residential development in the Preservation Area that requires an environmental land use or water permit [from the NJDEP, see definition above], or that results in the ultimate disturbance of one acre or more of land or a cumulative increase in impervious surface by 1/4 acre or more; (3) any activity undertaken or engaged in the Preservation Area that is not a development but results in the ultimate disturbance of 1/4 acre or more of forested area or that results in a cumulative increase in impervious surface by 1/4 acre or more on a lot; or (4) any capital or other project of a State entity or local government unit in the Preservation Area that requires an environmental land use or water permit [from the NJDEP, see definition above], or that results in the ultimate disturbance of one acre or more of land or a cumulative increase in impervious surface by 1/4 acre or more. Major Highlands Development shall not include any agricultural or horticultural development or agricultural or horticultural use. Solar panels shall not be included in any calculation of impervious surface. (As defined by the Highlands Act, N.J.S.A. 13:20-1 et seq., as amended.)
Shall mean for purposes of this Ordinance, all references
to the "Township Master Plan," "master plan," or "Master Plan," refer
to the municipal master plan, as defined in the MLUL (N.J.S.A. 40:55D-5),
as adopted by the Township Planning Board.
Shall mean for purposes of this Ordinance, all references
to the Highlands Regional Master Plan (RMP), shall be by use of the
words "Highlands Regional Master Plan," "Highlands RMP," "Regional
Master Plan," or "RMP."
Shall mean the New Jersey Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq.
Shall mean New Jersey Department of Environmental Protection.
Shall mean the regulations established by the NJDEP to implement
requirements of the Highlands Act, titled "Highlands Water Protection
and Planning Act Rules," and codified at N.J.A.C. 7:38-1 et seq.
Shall mean lands within the Highlands Region that are not
located in that portion designated by the Highlands Act as the "Preservation
Area" (see metes and bounds description at N.J.S.A. 13:20-7b).
Shall mean lands within the Highlands Region that are located
in that portion designated by the Highlands Act as the "Preservation
Area" (see metes and bounds description at N.J.S.A. 13:20-7b).
Shall mean an elevated panel or plate, or a canopy or array
thereof, that captures and converts solar radiation to produce power,
and includes flat plate, focusing solar collectors, or photovoltaic
solar cells and excludes the base or foundation of the panel, plate,
canopy, or array. (N.J.S.A. 13:20-3.)
Shall mean a combination of materials to form a construction
for occupancy, use or ornamentation whether installed on, above, or
below the surface of a parcel of land.
6.
Geographic Area of Applicability - Highlands Planning Area and Preservation
Area. The Highlands Act establishes the Preservation Area and Planning
Area of the Highlands Region. It describes the varied attributes of
each and sets forth the major land use planning goals that pertain
to the lands located within each. The Act defines the geographic extent
of the Highlands Region to include the aggregated land area making
up its constituent municipalities (N.J.S.A. 13:20-7a). It provides
a physical delineation of the Preservation Area by use of a specific
metes and bounds description (N.J.S.A. 13:20-7b), designating all
remaining lands within the Highlands Region as the Planning Area.
7.
Highlands Area. The Township Master Plan incorporates the Highlands
Preservation Area, inclusive of the goals applicable to the Preservation
Area, as an integral component of the planning and land use policies
of the municipality. For purposes of this Ordinance, this/these Area/s
is/are designated as the Township Highlands Area. A map of the Township
Highlands Area appears in Exhibit 1.[6]
[6]
Editor's Note: Exhibit 1, Highlands Preservation Area Map,
referred to herein, may be found on file in the Township Offices.
8.
Applicability Specified. This Ordinance applies specifically and
solely to lands designated as the Township Highlands Area, as delineated
in Exhibit 1, the Highlands Preservation Area Map.
9.
Highlands Act Exemption Determinations. Section 30 of the Highlands
Act identifies as exempt, specific activities, improvements and development
projects affecting lands within the Highlands Region. Such activities,
improvements and projects may be proposed as a component of any type
of land use application submitted to the municipality for approval,
including but not limited to zoning permit applications, building
permit applications, and Applications for Development (as defined
at Subsection 18.-3.4l5). Any such qualifying activity, improvement
or development project is exempt, with regard specifically to that
activity, improvement or development project, from the requirements
of the Highlands Act, the Highlands RMP, the NJDEP Preservation Area
Rules, and any amendments to the Township's master plan, development
regulations, or other regulations adopted pursuant to the approval
of Township's Petition for Plan Conformance by the Highlands Council.
Such an exemption specifically applies to any Highlands Area land
use ordinance adopted by the Township pursuant to the Highlands Council's
approval of Township's Petition for Plan Conformance.
Where any application submitted to the municipality for approval
proposes to rely upon a Highlands Act Exemption, the applicant must,
as a condition of application completeness, and prior to review or
approval of the application by the applicable municipal authority,
provide sufficient evidence that the proposed activity, improvement,
or development project in fact qualifies as a Highlands Act Exemption.
Such evidence shall consist of either a State Agency Exemption Determination
or a Municipal Exemption Determination (see Subsection 18-3.4l10 or
18-3.4l11 below) indicating that the proposed activity, improvement,
or development project qualifies for a Highlands Act Exemption.
10.
State Agency Exemption Determination. State Agency Exemption Determinations
shall consist of either, a Highlands Applicability Determination issued
by the NJDEP for a Preservation Area proposal, or a Highlands Exemption
Determination issued by the Highlands Council for a Planning Area
proposal. State Agency Determinations may be requested with regard
to any Highlands Act Exemption, however for applications involving
any exemption not identified at Subsection 18-3.4l12 below, a State
Agency Exemption Determination is required. Any applicant seeking
a formal exemption determination for a capital or other project of
any State entity or local government unit, or for any other publicly-owned
or controlled land or facility, also must request a State Agency Exemption
Determination.
11.
Municipal Exemption Determination. For an application involving any
of the specific exemptions listed in Subsection 18-3.4l12 below, the
applicant may request a Municipal Exemption Determination. The applicant
may rely upon the findings of a Municipal Exemption Determination
to the same extent as would apply to an exemption determination issued
by the Highlands Council or the NJDEP.
12.
Highlands Act Exemptions Eligible for Municipal Determination. Effective
as of the date on which the municipality receives written authorization
from the Highlands Council to proceed, an applicant may seek a Municipal
Exemption Determination for the Highlands Act Exemptions listed hereunder.
(a)
Exemption 1. The construction of a single family dwelling, for
an individual's own use or the use of an immediate family member,
on a lot owned by the individual on the date of enactment of the Highlands
Act (August 10, 2004) or on a lot for which the individual entered
into a binding contract of sale to purchase on or before May 17, 2004.
(b)
Exemption 2. The construction of a single family dwelling on
a lot in existence on the date of enactment of the Highlands Act (August
10, 2004), provided that the construction does not result in the ultimate
disturbance of one acre or more of land or a cumulative increase in
impervious surface by 1/4 acre or more.
(1)
A Municipal Exemption Determination indicating that an applicant
qualifies under Highlands Act Exemption 2 shall require approval and
filing of a Deed Notice along with a site plan delineating the total
exempt area and the extent of the disturbance recognized in the Municipal
Exemption Determination (see Subsection 18-3.4l16 below). Municipal
Exemption Determinations in such instances shall not take effect until
the applicant has provided proof of filing of the approved Deed Notice.
(c)
Exemption 4. The reconstruction of any building or structure
for any reason within 125% of the footprint of the lawfully existing
impervious surfaces on the site, provided that the reconstruction
does not increase the lawfully existing impervious surface by 1/4
acre or more. This exemption shall not apply to the reconstruction
of any agricultural or horticultural building or structure for a non-agricultural
or non-horticultural use.
(1)
For purposes of this Ordinance, this exemption shall not be
construed to permit multiple 125% footprint expansions, but rather,
to permit one or more reconstruction activities cumulatively resulting
in a maximum 125% increase in the footprint of the impervious surfaces
lawfully existing on the site, provided they do not cumulatively exceed
the 1/4 acre limitation. Any determination of whether the expansion
of impervious cover meets the statutory criteria for the exemption
must account for the preexisting impervious cover, and such expansion
must be contiguous to the location of the existing impervious cover.
See In re August 16, 2007 Determination of NJDEP ex rel. Christ Church,
414 N.J. Super. 592 (App. Div. 2010), certif. denied, 205 N.J. 16(2010).
(2)
For Preservation Area determinations, the applicable date of
lawful existence shall be August 10, 2004, the date of enactment of
the Highlands Act. For Planning Area determinations, the date of lawful
existence shall coincide with the effective date of the municipally-adopted
Highlands Area Checklist Ordinance or Highlands Area Land Use Ordinance,
whichever is earlier.[7]
(d)
Exemption 5. Any improvement to a single family dwelling in
existence on the date of enactment of the Highlands Act (August 10,
2004), including but not limited to an addition, garage, shed, driveway,
porch, deck, patio, swimming pool or septic system.
(e)
Exemption 6. Any improvement, for non-residential purposes,
to a place of worship owned by a nonprofit entity, society or association,
or association organized primarily for religious purposes, or a public
or private school, or a hospital, in existence on the date of enactment
of the Highlands Act (August 10, 2004), including but not limited
to new structures, an addition to an existing building or structure,
a site improvement, or a sanitary facility.
(f)
Exemption 7. An activity conducted in accordance with an approved
woodland management plan pursuant to Section 3 of the "Farmland Assessment
Act," P.L.1964, c.48 (C.54:4-23.3) or a forest stewardship plan approved
pursuant to Section 3 of P.L.2009, c. 256 (C.13:1L-31), or the normal
harvesting of forest products in accordance with a forest management
plan or forest stewardship plan approved by the State Forester.
(g)
Exemption 8. The construction or extension of trails with nonimpervious
surfaces on publicly owned lands or on privately owned lands where
a conservation or recreational use easement has been established.
13.
Exemption Designee(s). Municipal Exemption Determinations regarding
Highlands Act Exemptions shall be issued by the Township Engineer
and/or Zoning Officer. The Exemption Designee shall be authorized
to issue Municipal Exemption Determinations on behalf of the municipality,
and shall only begin to do so, after satisfactory completion of a
Highlands Council training class for which the individual(s) has/have
received formal certification from the Highlands Council.
14.
Updates to Training Certification. In the event of programmatic changes,
updated information, or modifications to procedures, updated training
certification may be required of Exemption Designees in order to maintain
qualifications for providing Municipal Exemption Determinations. The
Highlands Council will provide training modules on an as-needed basis,
to provide base training to new employees, and/or to further the expertise
of already-certified individuals. Exemption Designees and the municipalities
they serve will be advised of any need for upgraded training, which
will be provided and funded by the Highlands Council.
15.
Interim Determinations. For the duration of any period during which
the municipality is without a qualified Exemption Designee due to
changes in personnel or other extenuating circumstances, applicants
seeking Highlands Act Exemption Determinations shall be referred to
the NJDEP or the Highlands Council, for a State Agency Determination
pursuant to Subsection 18-3.4l10, above.
16.
Application Procedures.
(a)
Municipal Exemption Applications. Requests for Municipal Exemption Determination shall be submitted on forms provided by the Planning Department and shall be accompanied by sufficient information and documentary evidence to demonstrate whether the proposed activity, improvement or development project qualifies for the applicable exemption. Required submission materials applicable to each exemption, appear at Subsection 18-3.4l16(j), below.
(b)
Completeness Determination. The Exemption Designee shall review
the application and all accompanying materials to determine whether
sufficient information has been submitted to make a determination
on the application. In the event of a finding that the application
is incomplete, the Exemption Designee shall, within 20 calendar days
of receipt, issue such findings in writing to the applicant, indicating
what information is required to properly consider the application.
(c)
Time for Determination. The Exemption Designee shall issue Municipal
Exemption Determinations within 20 calendar days of receipt of a complete
application. The Exemption Designee may consult with the Executive
Director (or applicable designee) of the Highlands Council as needed
in making any exemption determination, however. In such circumstance,
the Exemption Designee shall seek such assistance within the twenty-day
period and shall issue the determination within at least 20 calendar
days of receiving the requested guidance. In no case shall failure
to meet this date constitute approval of the exemption.
(d)
Determinations. All Municipal Exemption Determinations shall be provided in writing, shall certify to the applicability or inapplicability of the exemption, and shall include a statement of the rationale for the decision. Any Municipal Exemption Determination certifying to the applicability of Highlands Act Exemptions #2 shall be contingent upon submission of proof of filing of the required Deed Notice, as set forth at Subsection 18-3.4l16(e), below.
(e)
Notice of Determination Required. The Exemption Designee shall
provide copies of all Municipal Exemption Determinations including
a copy of the full application, to the Highlands Council and for decisions
regarding lands in the Highlands Preservation Area, to the NJDEP,
in either case, within 10 business days of issuance.
(f)
Deed Notice for Exemption #2. Any Municipal Exemption Determination
that certifies to the applicability of Highlands Act Exemption #2
(Subsection 18-3.4l12 above), shall be issued conditionally, pending
fulfillment of the requirement that a deed notice be recorded in the
office of the County Clerk or Register, as applicable, indicating
the extent of the exemption that has been consumed. The deed notice
shall incorporate each of the components listed below and the applicant
shall provide a copy of the filed Deed Notice to the Highlands Council
within five business days of filing.
(1)
Clear identification of the name(s) and address(es) of the owner(s)
in fee of the property;
(2)
Designated tax block and lot number(s), street address(es),
municipality and county of location of the property;
(3)
Reference to the Municipal Exemption Determination (by date,
numbering if applicable) issued and under which the deed notice is
being filed;
(4)
Description of the approved area of ultimate disturbance and
the impervious surface area, with verification that these remain below
the statutory limits;
(5)
For properties of one acre or more in area, metes and bounds
delineation indicating the portion of the property for which the ultimate
disturbance has been authorized;
(6)
Agreement to abide by the ultimate disturbance and impervious
surface limits imposed, any furtherance thereof rendering the Municipal
Exemption Determination null and void; and
(7)
Notice that the owner(s) and subsequent owner(s) and lessees
shall cause all leases, grants, and other written transfers of interest
in the property to contain provisions expressly requiring all holders
thereof to take the property subject to the limitations therein set
forth.
(g)
Appeal of Municipal Exemption Determination. A Municipal Exemption
Determination may be appealed by any affected person/entity by filing
a notice of appeal within 20 calendar days of issuance or receipt
of said determination, whichever is later, specifying the grounds
therefor. Appeals must be filed with the NJDEP in the case of any
Preservation Area Exemption, and with the Highlands Council, in the
case of any Planning Area Exemption. All appeals shall be copied to
the Exemption Designee, who shall immediately transmit to the NJDEP
or the Highlands Council, as applicable, copies of the notice of appeal,
the Municipal Exemption Determination Application, and all supplemental
materials constituting the record that the Exemption Designee relied
upon in issuing the Municipal Exemption Determination. Where the Municipal
Exemption Determination deems an activity, improvement or development
project exempt, the filing of an appeal to the NJDEP or the Highlands
Council shall stay all proceedings in furtherance of its approval
by the municipality.
(h)
Effect of Certified Exemption. Issuance of a Municipal Exemption
Determination that certifies to the applicability of a Highlands Act
exemption shall recognize the applicant's exemption from the provisions
of the RMP, NJDEP Preservation Area Rules, and any municipal ordinances
and requirements adopted under the authority of the Highlands Act
to achieve Highlands Plan Conformance. The exemption is restricted
solely to the extent of the specified activity, improvement, or development
project as described in the language of the Highlands Act exemption,
or to any lesser activity, improvement, or development project as
proposed and certified through a Municipal Exemption Determination
Application. Any activity, improvement, or development project, or
any part thereof, that is not specifically listed as an exemption
or exceeds the limits of an exemption, remains subject to all of the
above regulatory programs to the full extent of the respective applicability
of each. Issuance of a Highlands Exemption Determination shall not
relieve the applicant from securing all other required Federal, State,
or local approvals.
(i)
Application Fees. Applicants for a municipal exemption shall
pay the following fees and escrow charges:
|
Highlands Exemption Determination Fee (without a zoning permit)
|
$50
|
|
Highlands Exemption Determination Fee (with a zoning permit)
|
$100
|
|
Highlands Exemption Determination Escrow Deposit for Professional
Review (if needed)
|
$750
|
(j)
Submission Requirements. All applications shall be accompanied
by the Municipal Exemption Determination Application Form, the applicable
fees, and the information listed below, as applicable to the particular
exemption or exemption(s) being sought by the applicant. All references
to professional preparers indicated herein shall be construed to include
any and all qualified individuals licensed, certified, or otherwise
eligible and authorized to complete such work, in accordance with
the applicable laws and legal requirements of the State of New Jersey
including but not limited to the MLUL (N.J.S.A. 40:55D-1 et seq.)
and Title 13 of the New Jersey Administrative Code, Law and Public
Safety. Where the Exemption Designee finds that any submission item
is not necessary to address the evidentiary requirements that must
be satisfied for issuance of an Exemption Determination, either because
alternate items have been provided by the applicant, or the relevant
information is readily available through records, maps, or any other
documents on file in the offices of the municipality, the Exemption
Designee may waive the applicant's obligation to submit such information.
(1)
Exemption 1.
[a]
A copy of a deed, closing or settlement statement,
title policy, tax record, mortgage statement or any other official
document showing that the lot was legally owned by the applicant on
or before August 10, 2004 and indicating the lot and block as designated
by the municipal tax mapping, the municipality and county in which
the lot is located, and the street address;
[b]
If the applicant did not own the lot, a copy of
the binding contract of sale executed by the seller and the applicant
on or before May 17, 2004 for the lot on which the house is to be
constructed; and
[c]
A certification by the applicant stating that the
single family dwelling proposed for construction on the lot specified
and described therein by tax lot and block, municipality and county
of location, and street address, is intended for the applicant's own
use or the use of an immediate family member as identified therein
by name and relationship to the applicant.
(2)
Exemption 2.
[a]
A copy of the recorded deed or plat showing that
the lot was created on or before August 10, 2004 or proof of subdivision
approval on or before August 10, 2004;
[b]
A property survey certified by a licensed New Jersey
Professional Land Surveyor indicating the property boundary lines
and overall lot size, and showing what structures currently exist
on the lot, if any;
[c]
A parcel plan certified by a licensed New Jersey
Professional Engineer showing all existing and proposed development,
including all structures, grading, clearing, impervious surface and
disturbance, and including the calculations supporting the claim that
impervious surfaces and areas of disturbance are within the limits
necessary for Exemption 2; and
(3)
Exemption 4.
[a]
A parcel plan certified by a licensed New Jersey
Professional Engineer depicting:
[1]
All existing property improvements, including all
structures, grading, clearing, impervious surfaces and limits of disturbance,
lawfully existing on the site as of August 10, 2004 for Preservation
Area projects and as of the effective date of the municipal Highlands
Area Checklist Ordinance or Highlands Area Land Use Ordinance, whichever
is earlier; and
[2]
All proposed development including all structures,
impervious surfaces, clearing limits, and limits of disturbance, including
grading; and
[b]
A copy of any official documentation of the original
date of construction of the building or otherwise establishing the
lawfulness of existing impervious surfaces.
(4)
Exemption 5.
[a]
A copy of any official documentation proving the
single family dwelling was in existence on August 10, 2004;
[b]
A description of the proposed improvement; and
[c]
A certification from the applicant that the property
and all improvements will continue to be used for single family dwelling
purposes.
(5)
Exemption 6.
[a]
A copy of any official documentation indicating
that the place of worship, public or private school or hospital was
in existence on August 10, 2004;
[b]
For improvements to a place of worship, documentation
showing that the entity, society or association, or association organized
primarily for religious purposes has nonprofit status;
[c]
A site plan certified by a licensed New Jersey
Professional Engineer depicting:
[1]
All existing property improvements including all
structures, grading, clearing, impervious surfaces and limits of disturbance,
existing on the site on August 10, 2004; and
[2]
All proposed development including all structures,
impervious surfaces, clearing limits, and limits of disturbance, including
grading.
(6)
Exemption 7.
[a]
For a private landowner with an approved woodland
management plan or forest stewardship plan:
[1]
A copy of the applicant's tax bill showing that
the site has farmland assessment tax status under the New Jersey Farmland
Assessment Act, N.J.S.A. 54:4-23.1 et seq., if applicable;
[2]
A brief description of the total area of woodlands
that is the subject of the approved woodland management plan or forest
stewardship plan;
[3]
A brief description of the length of time that
the area to be managed has been in use for woodland management or
forest stewardship plan; and
[4]
A copy of the approved woodland management plan
or forest stewardship plan.
[b]
For the normal harvesting of forest products in
accordance with a forest management plan or forest stewardship plan
approved by the State Forester:
[1]
A brief description of the total area where the
normal harvesting of forest products occurs;
[2]
A brief description of the length of time that
the area to be managed has been in use for normal harvesting of forest
products; and
[3]
A copy of a forest management plan or forest stewardship
plan approved by the State Forester.
(7)
Exemption 8.
[a]
A site plan certified by a licensed New Jersey
Professional Engineer showing the proposed trail construction with
details including the location, and width of existing and proposed
trails and those off-site trails to which they connect, if any;
[b]
A written description of the non-impervious materials
to be used; and
[c]
For privately owned property, a copy of a deed
for the property and the conservation or recreational use easement
on the property.
[Ord. No. 636 A 401]
a.
Short Title. This section shall be known and may be cited as "The
Zoning Ordinance of the Township of Sparta."
b.
Purpose. The provisions of this section are intended to provide adequate
light, air and convenience of access, to lessen the congestion on
streets, to secure safety from fire and other dangers, to avoid undue
concentration of population by regulating and limiting the use of
land, the height and bulk of buildings wherever erected, to limit
and determine the size of yards and other open spaces, to regulate
the density of population, to conserve the value of the property and
encourage the most appropriate use and scale of development throughout
the Township of Sparta.
c.
Scope; Construction. It is not intended by this section to repeal,
abrogate, annul or in any way impair or interfere with existing provisions
of other ordinances except those specifically repealed by this section,
or with private restrictions placed upon the property by deed, covenant
or other agreement. However, where this section imposes a greater
restriction upon land, buildings or structures than those imposed
by existing provisions of ordinance, contract or deed, the provisions
of this section shall control. Where the provisions of this section
conflict with State or Federal law and cannot be reconciled therewith,
the provisions of such law shall govern.
[Ord. No. 636 A 402; Ord. No. 691 § II; Ord. No. 720 § II; Ord.
No. 751 § I; Ord. No.
772 §§ II — IV; Ord. No. 790 §§ I, II; Ord. No. 841 § XI; Ord.
No. 878 § 3; Ord. No.
00-15 § 1; Ord. No. 01-14 § 5; Ord. No. 02-20 §§ 2 — 4; Ord. No. 08-05 § 1; Ord. No. 10-14; Ord. No. 2016-09; Ord. No. 2016-20 § 1]
a.
Provisions of this Section Applicable to All Zones. Each of the subsections
and provisions of this section shall apply to all zones unless otherwise
stated.
b.
Site Plan Approval Requirement. Site plans shall be required in the following instances with the exception of those conforming with the waiver requirements of Subsection d.
1.
In all cases involving the change in the principal intended use of
any nonresidential unit whether or not a building permit shall be
required or issued.
2.
For any nonresidential off-street parking area.
3.
Where a use variance is required.
4.
Whenever a nonresidential use is established on a parcel of property
or within its structure in the Township of Sparta, except for home
occupations as defined in this Code.
5.
Any development proposal with the exception of a detached one or
two dwelling unit building must have a site plan approved by the Planning
Board or the Zoning Board of Adjustment when exercising its ancillary
jurisdiction pursuant to the Municipal Land Use Law before the grant
of a building permit or certificate of occupancy.
6.
Prior to the expansion of any nonresidential use and any nonconforming
use.
7.
Prior to any change or alteration in the exterior of an existing
nonresidential structure requiring a construction code permit except
for a re-roof or roof replacement with the same materials and similar
color with no alteration to the slope or pitch of the roof structure.
8.
Prior to any site clearing, grading, excavating, filling or similar
site activities except those approved pursuant to a subdivision approval
or those activities being conducted for: (a) agricultural purposes,
(b) tree thinning, (c) tree harvestry purposes pursuant to an approved
forester's plan, (d) a single family residential use or structure
or (e) a use or structure accessory to a single family use.
c.
Minor Site Plan Review by the Planning Board or Subcommittee of the
Planning Board. All minor site plans as defined by this chapter shall
be reviewed by either the Planning Board or a subcommittee of the
Planning Board appointed by the Chairman of the Board to review minor
site plans. The Chairman of the Planning Board is hereby authorized
to appoint a Minor Site Plan Subcommittee of the Planning Board which
shall be composed of at most four members of the Board including at
least the Mayor or Council member of the Planning Board and two other
members of the Planning Board. The Minor Site Plan Subcommittee shall
have the authority to approve minor site plan applications including
minor site plans involving alterations of the exteriors of existing
conforming nonresidential structures as required by this chapter and
provide recommendations to the Planning Board for waivers, or refer
the application without decision to the entire Planning Board for
decision by the Board. The Minor Site Plan Subcommittee shall also
have the authority to act upon the minor site plans, provided that
they do not involve an application in the ED Zone or change in use
in the ED Zone for a use that will utilize hazardous materials or
other materials regulated under the ED Zone. The Minor Site Plan Subcommittee
shall not have authority to review or act upon applications for minor
site plans that include any variances.
d.
Site Plan Waiver. Site plans shall not be required in the following
instances:
1.
A construction permit for a single family detached dwelling, two
family dwelling or customary accessory buildings incident to farms
shall not require approval by the Zoning Board of Adjustment or Planning
Board where such construction conforms with the requirements of this
chapter.
2.
If the Planning Board waives formal site plan review and approval
for the site plans.
3.
Any change of use to a use permitted in the zone shall not require
approval by the Planning Board if, in the majority opinion of the
Minor Site Plan Subcommittee, the parking and traffic circulation
conditions existing on the site are adequate.
A site plan application or a letter request for a waiver shall
be filed together with appropriate fees and maps with the administrative
officer. If the Site Plan Subcommittee determines that it may be treated
as a minor site plan or that a waiver of site plan may be granted,
a majority report of the Minor Site Plan Subcommittee shall be issued
within two weeks after the application is filed. The decision of the
Minor Site Plan Subcommittee as to minor site plan approval or as
to its recommendation as to a waiver of site plan shall be forwarded
to the applicant and shall be included on the agenda and in the minutes
of the next regularly scheduled Planning Board meeting. Minor site
plan approval shall be effective upon approval by the Minor Site Plan
Subcommittee.
4.
The Planning Board of the Township of Sparta may waive notice and
public hearing and a formal site plan approval for any site plan defined
by this chapter. The Zoning Board, pursuant to its ancillary jurisdiction
may waive site plan submission requirements or a formal site plan,
but only after public hearing upon notice.
e.
Subdivision Approval Requirements.
1.
When a new lot or lots are formed from a parcel of land;
2.
Where two or more lots are combined into a single parcel of land;
3.
Where a lot line is adjusted between two parcels of land, these modifications must be approved by the Planning Board or Zoning Board of Adjustment when exercising its auxiliary jurisdiction pursuant to the Municipal Land Use Law except where subdivision approval is specifically waived by the Municipal Land Use Law. Subdivision applications shall be filed with the appropriate application form, fees and requirements indicated in § 18-6 of this chapter.
f.
Building Permits and Building Plans.
1.
Building permits will not be issued for any new single family detached
residence or commercial or industrial building unless the size, shape
of the floor plan, the roof shape and the exterior appearance of the
proposed building is substantially different from all other buildings
located within 500 feet of the proposed building and measured in either
direction along the street upon which the proposed building fronts
including the opposite side of the street.
2.
The physical contour of any lot shall not be altered in any manner
affecting drainage to the detriment of the property or adjoining lot,
nor shall any natural contours be disturbed or excavations permitted
which are likely to involve risk of erosion, landslide, injury to
natural vegetation or other hazardous or adverse conditions. Specifically,
any lot within an area designed on an officially adopted flood plain
map of Sparta Township shall show the extent to which the lot in question
lies within said flood plain. Furthermore, any such lot shall be utilized
only to such extent as it conforms with the regulations contained
in the Administrative Manual, part 3, entitled Basin Regulations,
Flood Plain Regulations of the Delaware Basin Commission adopted November
10, 1976, and effective January 1, 1977, whether or not the subject
property lies within or without the Delaware River Basin. The above
cited regulations are hereby adopted by reference. In addition, the
following specific requirements shall be met:
(a)
There shall be no change in the grade of a lot within five feet
of an adjoining street or property line unless said change in grade
is in accordance with an approved plan.
(b)
No grade shall be increased to a slope greater than 2:1.
(c)
There shall be no filling of land nor the erection of retaining
walls in any location or to such height as would reduce the normal
sight distance along a street from any point at the right-of-way line
of adjoining lot.
(d)
Land disturbance is permitted on an entire lot if the development
has been approved by the appropriate Board and does not conflict with
or violate another section of the Land Management Code.
3.
If the Construction Official finds that the construction of any building
or the disturbance of natural contours is likely to result in any
condition mentioned in Subsection f2 above, he shall refer the application
and plot plan to the Township Engineer. Upon advice of the Township
Engineer, the Construction Official shall require changes in the construction
plans or he shall require the construction of berms, gutters, retaining
walls, drywells, catch basins and similar structures as may be necessary
to control drainage, reduce excavation, maintain a natural environment
to the greatest degree possible and to otherwise prevent or eliminate
danger from hazardous conditions.
4.
No structure or part thereof shall be erected, raised, moved, extended,
enlarged, altered or demolished and no excavation or clearing shall
be undertaken until a building permit has been granted by the Construction
Official. For the purposes of performing soil tests only, the limited
clearing of property without a building permit shall be permitted.
Application therefor shall be filed in duplicate by the owner or his
agent and it shall state the intended use of the structure on the
land. The application shall be accompanied by detailed plans and specifications,
plot plan showing open spaces, the established building lines within
200 feet of either side of the proposed structure(s), existing and
proposed elevations of the corners of the lot, at the corners of all
buildings, along driveways and in any area where change of elevation
is proposed, elevations and peculiarities of topography, and such
other information as may be necessary or desirable to permit the enforcement
of this section.
5.
Plans shall be drawn to scale and shall show actual dimensions in
figures. The building plan scale shall be at least 1/4 inch to the
foot.
6.
All plans, specifications and plot plans shall be prepared and sealed
by a duly licensed architect of the State of New Jersey or a licensed
professional engineer, in accordance with N.J.S.A. 45:3-10, except
that the owner may sign the building plans for a single family dwelling
in the event said owner has prepared the building plans, will personally
be the original occupant thereof, and provided said owner files an
affidavit to that effect in accordance with law. Notwithstanding any
other provisions of this section, a licensed land surveyor of the
State of New Jersey may prepare and certify said required plot plan
only. The Construction Official shall require a certified survey of
the location of a building as required to insure compliance with approved
plans.
g.
Temporary Certificate of Occupancy. Where a building permit has been
issued, temporary permits may be authorized by the Zoning Board of
Adjustment after a hearing for a period not to exceed one year for
nonconforming uses, incidental to construction projects on the same
premises and including such uses as storage of building supplies and
machinery, and the assembly of building materials. In addition, the
Zoning Board of Adjustment after a hearing may authorize a certificate
of occupancy for a dwelling house to be temporarily used as a sales
and management office for the sale of those homes within a subdivision
provided all of the following requirements are complied with:
1.
The house to be used as such office is built upon a lot approved
as part of a subdivision that has been approved by the Planning Board
or Zoning Board of Adjustment.
2.
Said house is of substantially the same quality of construction as
those homes to be sold within the subdivision.
3.
No business other than that accessory to the management and sales
of lands owned by the applicant shall be permitted.
4.
Said dwelling house shall meet all other zoning restrictions of the
zone in which it is located.
5.
The temporary certificate of occupancy issued under this section
shall be for no longer than a one-year period. However, such permit
may be renewed by the Zoning Board of Adjustment annually after the
hearing.
h.
Industrial Permits and Operations. An application for any building
permit or certificate of occupancy in the district shall be submitted
to the Construction Official in duplicate. The applicant shall also
submit in duplicate all plans of the proposed construction and development,
including a description of the proposed machinery operation and products
as well as an affidavit by the applicant acknowledging his understanding
of the applicable performance standards and agreement to conform with
same at all times.
i.
Building Records. It shall be the duty of the Construction Official
to keep a record of all applications for building permits and certificates
of occupancy and of all such permits and certificates issued, with
a notation of all special conditions involved. He shall file and safely
keep copies of all plans and specifications submitted with such applications,
and the same shall form a part of the records of his office. Copies
of certificates of occupancy shall be furnished upon request to any
person having a proprietary or leasehold interest in the structure
or land affected.
j.
Certificate of Occupancy. No land shall be used and no new structure
shall be occupied or used in whole or in part for any use, nor shall
the use of any land or structure be changed from an existing to a
new use until a certificate of occupancy is issued by the Construction
Official stating that the structure and the occupancy and use of the
land and structure, if any, conforms with the provisions of this chapter.
In addition, a certificate of occupancy shall be obtained prior to
the occupancy of any existing nonresidential land or building or part
thereof by a new owner or tenant, even if there is no change in use.
Such certificates of occupancy shall be granted or denied within 10
days from the date written application therefor has been received
by the Construction Official in accordance with the New Jersey Uniform
Construction Code Act. Unless a certificate is granted within such
period, it shall be deemed to be denied. No certificate of occupancy
shall be issued for any existing use not meeting all requirements
of this Code until a site plan has been approved by the Planning Board.
This provision shall not apply where, in the judgment of the Zoning
Officer there exists no reasonable possibility of curing the deficiency.
k.
Public Utilities and Public or Institutional Uses. Public utility distribution facilities required for local service may be located anywhere within the Township where reasonably necessary provided such facilities are placed within the right-of-way of existing roads and streets or in utility easements. Public utilities, building or structures, other than those provided for in the foregoing sentence, and institutional uses including public and private schools may be located in any zone if granted by the Planning Board as a conditional use under N.J.S.A. 40:55D-67 and as provided for in Subsection 18-4.3 of this chapter. In connection with such conditional use, a site plan shall be submitted to and approved by the Planning Board after due consideration of the following:
1.
Preservation of existing natural resources on the site;
2.
Safe and efficient vehicular and pedestrian circulation, parking
and loading;
3.
Screening, landscaping and location of structures and exterior lighting.
|
The Planning Board must find that the proposed structure or
conditional use will not be detrimental to the health, safety and
general welfare of the community and is reasonably necessary for the
convenience thereof. Where such a conditional use is granted, the
exterior design of any building and the site development plan shall
be proposed so as to conform as much as possible with specifically
permitted uses and structures within the zone.
|
l.
Height Exceptions.
1.
The height provisions of this chapter shall not apply to the erection
of building appurtenances such as church spires, belfries, cupolas,
domes and flagpoles designed exclusively for ornamental purposes;
provided, however, that no such exempted structure shall exceed a
height of 50 feet.
2.
The height provisions of this chapter shall moreover not apply to
chimneys, flues, bulkheads, elevator enclosures, water tanks or similar
accessory structures occupying an aggregate of 10% or less of the
area of the roof on which they are located and further provided that
such structures do not exceed the height limit by more than 10 feet.
3.
Nothing in this chapter shall prevent the erection above the height
limitation of a parapet, wall or cornice extending above such height
limit not more than three feet or to the construction of farm buildings
of variable heights.
4.
The height provisions of this chapter shall moreover not apply to water tanks, standpipes, and elevated water tanks which are existing or approved to provide central water facilities for a subdivision or site plan in accordance with the provisions of Subsections 18-5.3j, Fire Protection Systems and 18-5.3k, Central Water Facilities.
m.
Structure Placement. Structures shall be so located that specimen
trees (16 inches in diameter, measured 4 1/2 feet above the ground)
or unique tree stands shall be preserved to the fullest extent possible
and shall be fit into the topography of the lot parcel.
n.
Corner Lots. The minimum required front yard shall be provided along
both street frontages. The lot width requirement on corner lots shall
be increased to 125% of the zone requirement.
o.
Yard Requirements.
1.
Every lot must provide front, rear and side yards as required for
its zone. All front yards must face upon an improved street approved
by the Planning Board or, where applicable, the Zoning Board of Adjustment.
2.
Front, side and rear building locations shall be surveyed and certified
by a licensed land surveyor. The survey may be performed at any time
prior to the erection of the building above the foundation. A certified
copy of the survey showing elevations shall be presented to the Construction
Official when the foundation to the building is completed.
3.
Required yards shall be open to the sky, unobstructed except for
the ordinary projection of parapets, windowsills, doorposts, rainwater
leaders, cornices, canopies, eaves, bay windows, stairways and similar
ornamental or structural fixtures which may not project more than
two feet into such yards.
p.
Design Standards. Design standards for sidewalks, topsoil protection, off-street parking, swimming pools, signs, fences and walls and cut and fill contained within § 18-5 Subdivision and Site Plan Standards shall apply to any development in all zones.
q.
Affordable Housing Provisions.
1.
This subsection and Subsection 18-8.5 of the Township of Sparta Comprehensive Land Management Code set forth regulations regarding very low, low and moderate income housing units in the Township of Sparta that are consistent with the provisions of N.J.A.C. 5:93 et seq. as effective on June 6, 1994 and all Council on Affordable Housing ("COAH") rules and regulations, the Sparta Township Declaratory Judgment of September 26, 2016 and this ordinance. These rules are pursuant to the Fair Housing Act of 1985 and the Township of Sparta's Constitutional obligation to provide through its land use ordinances a realistic opportunity for its fair share of very low, low and moderate income housing under COAH regulations and the Township's Declaratory Judgment and Order of Repose dated September 26, 2016. The Declaratory Judgment is incorporated herein by reference. All units provided by applicants shall meet all requirements needed for the Township to obtain credit under COAH rules and judicial decisions.
(a)
Sparta Township's new construction or inclusionary component will be divided equally between very low, low and moderate income households consistent with COAH rules and this Subsection q.
(b)
At least 13% of the total affordable units shall be affordable
to very low income households.
(c)
Except for inclusionary developments constructed pursuant to
low income tax credit regulations (to the extent inconsistent with
tax credit regulation:
(1)
At least 1/2 of all units within each inclusionary within each
inclusionary development will be affordable to very low and low income
households; and
(2)
At least 1/2 of all rental units will be affordable to all very
low and low income households; and
(3)
At least 1/3 of all units in each bedroom distribution pursuant
to N.J.A.C. 5:93-7.3 will be affordable to very low and low income
households.
(d)
Inclusionary developments that are not restricted to senior
citizens will be structured in conjunction with realistic market demands
so that:
(1)
The combination of efficiency and one bedroom units is at least
10% and no greater than 20% of the total very low, low and moderate
income units; and
(2)
At least 30% of all very low, low and moderate income units
are two bedroom units; and
(3)
At least 20% of all very low, low and moderate income units
are three bedroom units; and
(4)
Very low, low and moderate income units restricted to senior
citizens may utilize a modified bedroom distribution. At a minimum,
the number of bedrooms will equal the number of senior citizen very
low, low and moderate income units within the inclusionary development.
(e)
In conjunction with realistic market information, the following
criteria will be used in determining maximum rents and sale prices:
(1)
Efficiency units will be affordable to one person households;
and
(2)
One bedroom units will be affordable to 1.5 person households;
and
(3)
Two bedroom units will be affordable to three person households;
and
(4)
Three bedroom units will be affordable to 4.5 person households;
and
(5)
Median income by household size will be established by a regional
weighted average of the uncapped Section 8 income limits published
by HUD as per N.J.A.C. 5:93-7.4(b); and
(6)
The maximum average rent and price of low and moderate income
units within each inclusionary development will be affordable to households
earning 57.5% of median income as adjusted to conform with the 13%
very low income minimum; and
(7)
Moderate income sales units will be available for at least three
different prices and low income sales units will be available for
at least two different prices; and
(8)
For both owner-occupied and rental units, the very low, low
and moderate income units will utilize the same heating source as
market units within an inclusionary development; and
(9)
Very low income units will be reserved for households with a
gross household income of 30% or less of median gross household income
approved by COAH; low income units will be reserved for households
with a gross household income less than or equal to 50% of the median
income approved by COAH; moderate income units will be reserved for
households with a gross household income less than 80% of the median
income approved by COAH as per N.J.A.C. 5:93-9-16; and
(10)
The regulations outlined in COAH Rules, New Jersey Mortgage
Finance Agency ("NJMFA") Uniform Affordable Housing Controls ("UHAC")
rules and this ordinance will be applicable for purchased and rental
affordable units.
(f)
For rental units, developers and/or municipal sponsors may:
(1)
Establish one rent for very low income unit, one rent for a
low income unit and one for a moderate income unit for each bedroom
distribution; and
(2)
Gross rents, including an allowance for tenant-paid utilities,
will be established so as not to exceed 30% of the gross monthly income
of the appropriate household size as per COAH rules and UHAC rules.
The tenant-paid utility allowance will be consistent with the utility
allowance approved by the United States Department as Housing and
Urban Development (HUD) for use in New Jersey.
(g)
For sale units:
(1)
The initial price of a very low, low and moderate income owner-occupied
single family housing unit will be established so that after a down
payment of 5%, the monthly principal, interest, homeowner and private
mortgage insurances, property taxes (based on the restricted value
of the low and moderate income unit) and condominium or homeowner
fee do not exceed 28% of the eligible gross monthly income; and
(2)
Master deeds of inclusionary developments will regulate condominium
or homeowner association fees or special assessments of low and moderate
income purchasers at 100% of those paid by market purchasers. This
100% is consistent with the requirement of N.J.A.C. 5:93-7.4(e). Once
established within the master deed, the 100% will not be amended without
prior approval from COAH; and
(3)
The Township of Sparta will follow the general provisions concerning
uniform deed restriction liens and enforcement through certificates
of occupancy or reoccupancy on sale units in accordance with COAH
and UHAC rules and this ordinance; and
(4)
Sparta Township will require a certificate of reoccupancy for
any occupancy of a very low, low or moderate income sales unit resulting
from a resale in accordance with COAH rules and this ordinance; and
(5)
Municipal, State, nonprofit and seller options regarding sale units will be consistent with COAH and UHAC rules and this ordinance. Municipal rejection of repayment options for sale units will be consistent with COAH and UHAC rules and this Subsection q; and
(6)
The continued application of options to create, rehabilitate or maintain very low, low and moderate income sale units will be consistent with COAH and UHAC rules and this Subsection q; and
(7)
Eligible capital improvements prior to the expiration of controls on sale units will be consistent with COAH and UHAC rules and this Subsection q; and
(8)
The regulations detailed in COAH and UHAC rules and this ordinance
will be applicable to very low, low and moderate income units that
are for sale units as revised to require 13% of all affordable units
to be affordable to very low income households.
(h)
In zoning for inclusionary developments the following is required:
(1)
Very low, low and moderate income units will be built in accordance
with N.J.A.C. 5:93-5.6(d):
|
Minimum % of Very Low, Low/Moderate Income Units Completed
|
% of Market Housing Units Completed
|
|---|---|
|
0
|
25
|
|
10
|
25 + 1 unit
|
|
50
|
50
|
|
75
|
75
|
|
100
|
90
|
|
100
|
(2)
A design of inclusionary developments that integrates very low,
low and moderate income units with market units is encouraged as per
N.J.A.C. 5:93-5.6(e).
(i)
A development fee ordinance was approved by COAH and adopted
by Sparta Township on May 12, 1998.
(j)
To provide assurances that low and moderate income units are
created with controls on affordability over time and that low and
moderate income households occupy these units, the Township of Sparta
will designate the Sparta Housing Officer with the responsibility
of ensuring the affordability of sales and rental units over time.
The Sparta Housing Officer will be responsible for those activities
detailed in N.J.A.C. 5:93-9.1(a).
(1)
In addition, the Sparta Housing Officer will be responsible
for utilizing the verification and certification procedures outlined
in N.J.A.C. 5:93-9.1(b) in placing households in low and moderate
income units; and
(2)
Newly constructed low and moderate income sales units will remain
affordable to low and moderate income households for at least 30 years.
The Sparta Housing Officer will require all conveyances of newly constructed
units to contain the deed restriction and mortgage lien adopted by
COAH and referred to as Technical Appendix E as found in N.J.A.C.
5:93; and
(3)
Housing units created through the conversion of a nonresidential
structure will be considered a new housing unit and will be subject
to thirty-year controls on affordability. The Sparta Housing Officer
will require COAH's appropriate deed restriction and mortgage lien.
(k)
Regarding Rehabilitated Units:
(1)
Rehabilitated owner-occupied single family housing units that
are improved to code standard will be subject to affordability controls
for at least six years; and
(2)
Rehabilitated renter-occupied housing units that are improved
to code standard will be subject to affordability controls for at
least 10 years; and
(l)
Regarding Rental Units:
(1)
Newly constructed low and moderate income rental units will
remain affordable to very low, low and moderate income households
for at least 30 years. The Sparta Housing Officer will require the
deed restriction and lien and deed of easement referred to as Technical
Appendix H, as found in N.J.A.C. 5:93 and this ordinance; and
(2)
Affordability controls in accessory apartments will be for a
period of at least 10 years, except if the apartment is to receive
a rental bonus credit pursuant to N.J.A.C. 5:93-5.13, then the controls
on affordability will extend for 30 years; and
(3)
Alternative living arrangements will be controlled in a manner
suitable to COAH, that provides assurances that such a facility will
house very low, low and moderate income households for at least 10
years except if the alternative living arrangement is to receive a
rental bonus credit pursuant to N.J.A.C. 5:93-5.13, then the controls
on affordability will extend for 30 years.
(m)
Section 14(b) of the Fair Housing Act N.J.S.A. 52:27D-301 et
seq. incorporates the need to eliminate unnecessary cost generating
features from Sparta Township's land use ordinances. Accordingly,
Sparta Township will eliminate development standards that are not
essential to protect the public welfare and to expedite or fast track
municipal approvals/denials on inclusionary development applications.
Sparta Township will adhere to the components of N.J.A.C. 5:93-10.1 —
10.3.
(n)
The Township of Sparta has a fair share obligation as set forth
in its Declaratory Judgment of the Superior Court dated September
26, 2016 which is incorporated herein by reference.
(o)
Affirmative marketing plans shall be followed consistent with
COAH rules and shall include at least the following provisions:
(1)
The affirmative marketing plan is a regional marketing strategy
designed to attract buyers and/or renters of all majority and minority
groups, regardless of sex, age or number of children, to housing units
which are being marketed by a developer/sponsor, municipality and/or
designated administrative agency of affordable housing. The plan will
address the requirements of N.J.A.C. 5:93-11. In addition, the plan
prohibits discrimination in the sale, rental, financing or other services
related to housing on the basis of race, color, sex, religion, handicap,
age, familial status/size or national origin. The Township of Sparta
is in the housing region consisting of the Sussex, Bergen, Hudson,
Passaic and Morris Counties.
(2)
The affirmative marketing program is a continuing program and
will meet the following requirements:
(i)
All newspaper articles, announcements and requests
for applications for very low, low and moderate income units will
appear in the following newspapers/publications:
Sunday Herald.
New Jersey Herald.
Sparta Independent.
(ii)
The primary marketing will take the form of at
least one press release sent to the above publications and a paid
display advertisement in each of the above newspapers. Additional
advertising and publicity will be on an "as needed" basis.
The advertisement will include:
(iii)
Applications must be mailed to prospective applicants
upon request.
(iv)
Public service announcements may be made through
the use of the following radio and/or cable television stations broadcasting
throughout the region: TKR Cable TV Channel 3, Public Bulletin Board,
and Service Electric Cable TV Channel 8, Public Bulletin Board.
(v)
Announcements, requests for applicants and newspaper
articles may be placed in the following neighborhood-oriented weekly
newspapers, religious publications and organizational newsletters
within Sussex and Morris Counties, as needed:
|
Sparta Independent
|
|
If applicable, the following regional radio and/or cable television
station(s) will be used:
|
|
WSUS Radio
|
|
WNNJ Radio
|
|
SECTV, Inc, Channel 8
|
(vi)
The following is the location of applications,
brochure(s), sign(s), and/or poster(s) used as part of the affirmative
marketing program including specific employment centers within the
region:
|
Sparta Township Municipal Building
65 Main Street
Sparta, New Jersey 07871
|
|
Sparta Township Library
22 Woodport Road
Sparta, New Jersey 07871
|
|
Sparta Newsletter
|
|
Sparta Ecumenical Council
|
|
Sparta Senior Center
Knoll Road
|
|
Sparta Senior Welfare Director
|
(vii)
Applications will be mailed to prospective applicants
upon request.
(viii)
Additionally, applications will be sent to the
chief administrative employees of each of the following agencies in
the counties of Sussex, Morris, Bergen, Hudson and Passaic:
Sussex County Office on Aging
(ix)
The following is a description of the random selection
method that will be used to select occupants of very-low-, low- and
moderate-income housing: Occupants of very-low-, low- and moderate-income
income housing shall be administered by the administrative agencies
listed below.
[Amended 11-12-2019 by Ord. No. 19-20]
(x)
The Township of Sparta is ultimately responsible
for administering the affirmative marketing program. The Township
of Sparta has delegated this responsibility to the Sparta Housing
Officer. The Sparta Housing Officer will income qualify very low,
low and moderate income households; place income eligible households
in very low, low and moderate income units upon initial occupancy;
provide for the initial occupancy of very low, low and moderate income
units with income qualified households; continue to qualify households
for reoccupancy of units as they become vacant during the period of
affordability controls; assist with advertising and outreach to low
and moderate income households if in contract; and enforce the terms
of the deed restriction and mortgage loan as per N.J.A.C. 5:93-9.
The Director of Planning within the Township of Sparta is the designated
Housing Officer to act as liaison to the Sparta Housing Officer. The
Sparta Housing Officer will provide counseling services to very low,
low and moderate income applicants on subjects such as budgeting,
credit issues, mortgage qualifications, responsibilities of homeownership,
rental lease requirements and landlord/tenant law. The following service
providers have agreed to perform the above services:
Sparta Housing Officer, Morris County Housing Partnership Housing
Rehabilitation Admin., Hardyston Township, Community Development Director.
(xi)
Households who live or work in the COAH-established
housing region of Sussex, Bergen, Hudson and Passaic Counties may
be given preference for sales and rental units constructed within
that housing region. Applicants living outside the housing region
will have an equal opportunity for units after regional applicants
have been initially serviced. The Township of Sparta intends to comply
with N.J.A.C. 5:93-11.7. Veterans and surviving spouses shall have
a preference, if they meet all eligibility requirements, which preference
shall take priority over all other preferences.
[Amended 11-12-2019 by Ord. No. 19-20]
(xii)
Developers of very low, low and moderate income
housing units shall assist in the marketing of the affordable units
in their respective developments if so designated by the Township
of Sparta.
(xiii)
The marketing program will commence at least
120 days before the issuance of either temporary or permanent certificates
of occupancy. The marketing program will continue until all very low,
low and moderate income housing units are initially occupied and for
as long as affordable units are deed restricted and occupancy or reoccupancy
of units continue to be necessary.
(xiv)
The Sparta Housing Officer will comply with monitoring
and reporting requirements as per N.J.A.C. 5:93-11.6 and 12.1 and
in the Declaratory Judgment and settlement with Fair Share Housing
Center.
2.
Violations and Penalties.
(a)
Any person or entity who violates any term, condition, or requirement
of this chapter or violates any term, condition or requirement of
the New Jersey Fair Housing Act (N.J.S.A. 52:27D-301 et seq.) (the
"Act") or violates any term, condition or requirement of the substantive
or procedural rules of the New Jersey Council on Affordable Housing
(N.J.A.C. 5:96 and/or 5:97 et seq., as same may be amended or replaced)
or violates the Uniform Housing Affordability Controls Act ("UHAC")
or any term, condition or requirement imposed by the New Jersey Housing
and Mortgage Finance Agency (N.J.A.C. 5:80-26.1 et seq., as same may
be amended or replaced) (all of the above ordinances, Acts and regulations
are collectively referred to in this Chapter as the "Affordable Housing
Laws") shall be subject to punishment as set forth in this section.
(b)
Upon the occurrence of a violation of any of the Affordable
Housing Laws, or the breach of any affordable housing agreement governing
an affordable unit, the Township of Sparta shall have all remedies
provided at law or equity, including but not limited to foreclosure,
ejectment, a requirement for household recertification, acceleration
of all sums due under a mortgage, recoupment of any funds from a sale
in violation of the regulations, injunctive relief, or the issuance
of a municipal summons to prevent further violation of the Affordable
Housing Laws and/or affordable agreement governing the home or unit.
(c)
After providing written notice of a violation to an owner, developer
or tenant of a very-low-, low- or moderate-income unit and advising
the owner, developer or tenant of the penalties for such violations,
the Township of Sparta may take the following action(s) against the
owner, developer or tenant for any violation that is not cured for
a period of 30 days after service of the written notice:
(1)
The Township of Sparta may file an action in either the Superior
Court or the Municipal Court, as applicable, pursuant to N.J.S.A.
2A:58-11, alleging a violation or violations of the Affordable Housing
Laws. If the owner is found by the court to have violated any provision
of the Affordable Housing Laws, as applicable, the owner shall be
subject to one or more of the following penalties, at the discretion
of the court:
(i)
A fine of not more than $2,000; imprisonment for
a period not to exceed 90 days; a period of community service not
exceeding 90 days; or any or more of the foregoing penalties. Each
and every day that the violation continues or exists shall be considered
a separate and specific violation of these provisions and not as a
continuing offense;
(ii)
In the case of an owner who has resold his or
her very-low-, low- or moderate-income unit in violation of the above
laws, payment into the Township of Sparta Affordable Housing Trust
Fund of the difference between the unauthorized resale price and the
maximum allowed resale price allowed by this chapter;
(iii)
In the case of an owner who has rented his or
her very-low-, low- or moderate-income unit in violation of the above
laws, payment into the Township of Sparta Affordable Housing Trust
Fund of the unauthorized rental charge as defined in the UHAC under
N.J.A.C. 5:80-26.18(d)(6); or
(iv)
In the case of an owner who has rented his or
her very-low-, low- or moderate-income unit in violation of this chapter,
payment into the Township of Sparta Affordable Housing Trust Fund
of the innocent tenant's reasonable relocation costs, as determined
by the court.
(2)
The Township of Sparta may file a court action in the Superior
Court seeking a judgment which would result in the termination of
the owner's equity or other interest in the unit, in the nature of
a mortgage foreclosure. Any judgment shall be enforceable as if same
were a judgment of default of the first-purchase money mortgage and
shall constitute a lien against the very-low-, low- or moderate-income
unit.
(i)
Such judgment shall be enforceable, at the option
of the Township of Sparta, by means of an execution sale by the Sheriff,
at which time the very-low-, low- or moderate-income unit of the owner
shall be sold at a sale price which is not less than the amount necessary
to fully satisfy and pay off any first-purchase money mortgage and
prior liens and the costs of the enforcement proceedings incurred
by the Township of Sparta, including attorney's fees. The owner shall
have his or her right to possession terminated as well as his or her
title conveyed pursuant to the Sheriff's sale.
(ii)
The proceeds of the Sheriff's sale shall first
be applied to satisfy the first-purchase money mortgage lien and any
prior liens upon the very-low-, low- or moderate-income unit. The
excess, if any, shall be applied to reimburse the Township of Sparta
for any and all costs and expenses incurred in connection with either
the court action resulting in the judgment or Sheriff's sale. In the
event that the proceeds from the Sheriff's sale are insufficient to
reimburse the Township of Sparta in full as aforesaid, the owner shall
be personally responsible for and to the extent of such deficiency,
in addition to any and all costs incurred by the Township of Sparta
in connection with collecting such deficiency. In the event that a
surplus remains after satisfying all of the above, such surplus, if
any, shall be placed in escrow by the Township of Sparta for the owner
and shall be held in such escrow for a maximum period of two years
or until such earlier time as the owner shall make a claim with the
Township of Sparta for such. Failure of the owner to claim such surplus
within the two-year period shall automatically result in a forfeiture
of such surplus to the Township of Sparta. Any interest accrued or
earned on such surplus while being held in escrow shall belong to
and shall be paid to the Township of Sparta, whether such surplus
shall be paid to the owner or forfeited to the Township of Sparta.
(iii)
Foreclosure by the Township of Sparta due to
violation of the Affordable Housing Laws shall not extinguish any
affordability controls in effect as to any very-low-, low- or moderate-income
unit. Title shall be conveyed to the purchaser at the Sheriff's sale,
subject to the restrictions and provisions of this chapter and the
Affordable Housing Agreement. The owner determined to be in violation
of the provisions of the Affordable Housing Laws and from whom title
and possession were taken by means of the Sheriff's sale shall not
be entitled to any right of redemption.
(iv)
If there are no bidders at the Sheriff's sale,
or if insufficient amounts are bid to satisfy the first-purchase money
mortgage and any prior liens, the Township of Sparta may acquire title
to the very-low-, low- or moderate-income unit by satisfying the first-purchase
money mortgage and any prior liens and crediting the violating owner
with an amount equal to the difference between the first-purchase
money mortgage and any prior liens and costs of the enforcement proceedings,
including legal fees and the maximum resale price for which the very-low-,
low- or moderate-income unit could have been sold under the terms
of this chapter. This excess shall be treated in the same manner as
the excess which would have been realized from an actual sale as previously
described.
(v)
Failure of the very-low-, low- or moderate-income
unit to be either sold at the Sheriff's sale or acquired by the Township
of Sparta shall obligate the owner to accept an offer to purchase
from any qualified purchaser which may be referred to the owner by
the Township of Sparta, with such offer to purchase being equal to
the maximum resale price of the very-low-, low- or moderate-income
unit as permitted by the terms and provisions of this chapter.
(vi)
The owner shall remain fully obligated, responsible
and liable for complying with the terms and restrictions of this chapter
until such time as title is conveyed from the owner.
(3)
In the event of an unlawful rental of a very-low-, low- or moderate-income
unit in violation of the Affordable Housing Laws, and where the tenant
has entered into the tenancy without knowledge of its unlawful nature,
the Township of Sparta, upon request by the tenant, may pursue a rent-to-equity
remedy. Under such a rent-to-equity program, the tenant, including
the immediate family of such tenant, shall be given an opportunity
to purchase the unit from the affordable owner, and the affordable
owner shall be compelled to sell the unit to the tenant, with the
total of all rent paid to the owner being credited to tenant as down
payment money paid to the affordable owner. Any person seeking to
obtain a unit under a rent-to-equity program must first be certified
as eligible under the provisions of N.J.A.C. 5:80-26.16.
(4)
In addition to, and not in the place of, the foregoing remedies,
the Township of Sparta may also issue a summons for each and every
violation of the provisions of this chapter which will be enforceable
in the Sparta Township Municipal Court. The persons or entities that
may be cited with a violation of this chapter include any condominium
association or homeowners' association that has a duty to report any
unit owner or other person with an interest in an affordable housing
unit such as a lessee or tenant, in any building, premises, home,
or unit, where such violation has been committed or shall exist. Any
person or entity found to have violated this chapter shall be subject
to a fine of not more than $2,000; imprisonment for a period not to
exceed 90 days; a period of community service not exceeding 90 days;
or any one or more of the foregoing penalties, at the discretion of
the Sparta Township Municipal Court. Each and every day that such
violation continues or exists may be treated by the Municipal Court
as a separate and specific violation of these provisions and not as
a continuing offense.
r.
Historic Preservation. The historic preservation regulations are
set forth to effect and accomplish the protection, enhancement and
preservation of the historic districts and the central business area
of the Township which contribute to the unique village environment
and rural character of the community.
The purpose of the provisions of this subsection is to set forth
guidelines for evaluating the impact of conversion, new construction,
alterations, additions and demolition of structures within the historic
zone districts.
1.
Conversion of the existing buildings within the historic zone shall
be reviewed to determine the effect on the neighborhood and the subject
property. In regard to all applications for site plan, subdivision
or variances affecting a structure, the following factors shall be
considered:
(a)
The impact of the proposed change on the significance of the
structure or neighborhood.
(b)
The structure's importance to the Township and the extent to
which its historic or architectural significance would be adversely
affected to the detriment of the public interest.
(c)
Use of the structure involved.
(d)
The extent to which the proposed action would adversely affect
the public's view of a landmark or structure within the neighborhood
or district.
(e)
The impact the proposed change to a structure would have on
the architectural significance and visual compatibility with related
structures in the neighborhood.
2.
In regard to an application for new construction, alterations or
additions affecting the structures in the historic zone districts,
the following factors shall be considered for visual compatibility
with the existing structure and buildings and places to which it is
visually related:
(a)
Height. The height of the proposed building or addition.
(b)
Proportion of the Building's Front Facade. The relationship
of the width of the building to the height of the front elevations.
(c)
Proportion of Openings Within the Facility. The relationship
of the width of windows to the height of windows in a building.
(d)
Rhythm of Spacing of Buildings on Streets. The relationship
of the building to the open space between it and adjoining buildings.
(e)
Rhythm of Entrance and/or Porch Projections. The relationship
of entrance and porch projections to the street.
(f)
Roof Shape and Scale of Building. The size of a building, the
mass of a building in relationship to open spaces, the windows, door
openings, porches and balconies.
(g)
Directional Expression of Front Elevation. A building shall
be visually compatible with buildings and places to which it is visually
related in its directional character, whether this be vertical character,
horizontal character, or nondirectional character.
(h)
Relationship of Materials, Texture and Color. The relationship
of materials, texture and color of the facade and color of the building.
(i)
Walls of Continuity. Appurtenances of a building such as walls,
open type fencing, evergreens, landscape masses, shall form cohesive
walls of enclosure along a street to the extent necessary to maintain
visual compatibility of the main buildings, with the building and
places to which it is visually related.
(j)
Exterior Features. A structure's related exterior features such
as lighting, fences, signs, sidewalks, driveways and parking areas
shall be compatible with the features of those structures to which
it is visually related and shall be appropriate for the historic period
for which the structure is significant. New signage shall also abide
by the historic design of the principal structure and neighborhood.
3.
In regard to an application to demolish a structure or any improvement
within the historic zone districts, the following matters shall be
considered:
(a)
Its historic architectural, cultural or scenic significance
in relation to the criteria established in Subsection 3c.
(b)
The significance of the structure in relation to the historic
character of the zone district and the probable impact of its removal
on the neighborhood.
(c)
Its potential for use for those purposes currently permitted
by the zoning ordinance.
(d)
Its structural condition and the economic feasibility of alternatives
to the proposal.
(e)
Its importance to the municipality and the extent to which its
historical or architectural value is such that its removal would be
detrimental to the public interest.
(f)
The extent to which it is of such old, unusual or uncommon design,
craftsmanship, texture or material that it could be reproduced only
with great difficulty and expense.
(g)
The extent to which its retention would promote the general
welfare by maintaining and increasing the real estate values, generating
business, attracting tourists, attracting new residents, or making
the municipality an attractive and desirable place in which to live.
(h)
The Board with jurisdiction over an application in the White
Deer Plaza Historic District shall refer the application to the Lake
Mohawk Board of Trustees for comments concerning the impact on the
National and State Historic Designation. This shall include any variance,
site plan, subdivision or site plan waiver request. Prior to the application
being deemed complete and prior to any Board approval, the applicant
shall demonstrate that it has obtained written approval from the Lake
Mohawk Association in compliance with the Lake Mohawk Association
design approval deed restriction.
s.
Land Disturbance — Construction Permit.
1.
Permit Required. No person shall commence any construction, grading,
filling, or other form of land disturbance, nor shall any use be commenced
in furtherance of any approved preliminary and/or final subdivision
or site plan, unless a permit for same shall have first been obtained
from the issuing authority, which shall be the office of the Township
Planner.
2.
Prerequisites. Prior to the issuance of any such permit, the Township
Planner shall have first determined that:
(a)
All conditions of Board approval have been met.
(b)
All fees and escrow monies due the Township have been paid or
deposited.
(c)
All required permits have been obtained and documentation of
permit issuance has been submitted.
(d)
All proposed construction will be in accordance with approved
plans.
(e)
A pre-construction meeting has been held with the Township Engineer.
(f)
All off-tract improvements contributions have been deposited
with the Township.
(g)
All required surety has been posted and accepted by the Township
Council.
(h)
A developer's agreement, if required has been executed with
the Township Council.
(i)
The developer has made arrangements with the Sparta police and
provider of other emergency services with respect to traffic control
and circulation considerations during construction activities as required
by the Board.
3.
Issuance of Permit. No such permit shall be issued unless, at least
10 days prior to the date on which construction is proposed to commence,
the applicant shall have applied, in writing, on an approved application
form, accompanied by written documentation that the conditions attending
the underlying approval (subdivision or site plan review), including
but not limited to, all requisite third party permits have been secured.
Three copies of all approvals should be found and submitted to the
Planning Department.
4.
Term. Such permit shall be valid for a period of one year from date
of issuance and shall automatically expire, by limitation, unless
construction pursuant thereto shall have been actually commenced within
such period and shall have been diligently pursued.
5.
Fee. The application fee for such permit, which shall be payable
at the time of application therefore, shall be as set forth in the
fee ordinance.
6.
Site restoration guarantees may be required as a condition of approval.
(a)
It is the intent of this subsection, in the event of cessation
of land disturbance and/or construction activities for a period of
more than 120 consecutive days, when adverse weather conditions are
not the cause of such cessation of operation or the applicant has
not satisfactorily explained to the Township Engineer and Planner
the reason for cessation of operation and when the Township Engineer
and Planner shall not have found that such cessation of operation
is of a temporary nature, only, to assure restoration of so much of
the site as is reasonably required to result in a safe and stable
condition and one which does not create a risk to the public health
and safety.
In the event of the anticipated cessation of land disturbance
and/or construction activities, for a period of more than 90 consecutive
days, the applicant shall have provided advance notice thereof, in
writing, to the Township Engineer and Township Planner setting forth,
in detail the reasons for the proposed cessation of such activities
and stating, to the best of the applicant's ability, the anticipated
date upon which the activities will recommence.
(b)
Consequently, it shall be required that, prior to the issuance
of a land disturbance-construction permit, the applicant shall first
have posted with the Township a restoration guarantee, meeting the
requirements of N.J.S.A. 40:55D-6 and N.J.S.A. 40:55D-53, to assure
the prompt and proper restoration of only so much of the site as,
in the opinion of the Township Engineer, is unsafe, unstable or presents
a risk to the public health and safety.
(c)
The amount of restoration guarantee shall be equal to 120% of
the estimated cost of restoration of the site to a safe and stable
condition, assuming all land disturbance and construction activities
are in full progress when the cessation thereof has taken place. A
written estimate of the cost of the restoration shall be prepared
by the applicant's engineer and approved by the Township Engineer
and Township Planner.
(d)
The applicant shall have the option of posting separate restoration
guarantees for various separate phases of land disturbance or construction
activities upon the site, in order that, upon the satisfactory completion
of a particular phase of land disturbance or construction, the applicant
may apply for and secure the release of the restoration guarantee
posted for that particular phase.
(e)
Such restoration guarantee shall be posted with the Township,
shall be approved by the Township Attorney and accepted by the Township
Council prior to the issuance of any land disturbance-construction
permit pursuant to this subsection.
8.
Violations and Penalties.
(a)
Any person violating this subsection, upon conviction, shall
be subject to a fine up to $1,000 per day for any such violation and
each and every day such violation continues shall be considered a
separate and distinct violation; or shall be imprisoned for a period
not to exceed 90 days, or both.
(b)
In addition to the foregoing, the Township shall be entitled
to apply to the Superior Court for an injunction to prohibit the commencement
and/or continuation of such construction undertaken in violation of
this subsection.
t.
Tree Preservation.
1.
Purpose. The findings of the Township Council, the Planning Board
and the Environmental Commission conclude the indiscriminate, uncontrolled
and excessive destruction, removal and cutting of trees upon lots
and tracts of land within The Township causes increased drainage control
costs, increased soil erosion and sedimentation, degradation of water
resources, decreased groundwater recharge, increased buildup of air
pollutants and dust tending to impact the character of the Township
and a decrease in property values, which adversely affects the public
health, safety and general welfare of the Township residents, business
owners and visitors. The Township desires to regulate and control
indiscriminate and excessive removal and cutting of trees within the
Township, preserve the maximum possible number of quality trees in
the course of development of a site or lot, seek to protect larger
specimen trees and encourage innovative design and grading to promote
the preservation of existing trees.
2.
The Governing Body and the Planning Board recognizes a strong relationship
between the integrity of the Township and the region's water resources
and the development on constrained land (steep slopes, wetlands, depth
to ground water etc.), tree removal, soil disturbance, storm water
management, and the general use of the land resources. Therefore,
the appropriate management of the Township's resource is an important
health, safety and general welfare issue to be regulated.
3.
Definitions. The listed definitions or terms in § 18-2 as used in the ordinance section shall apply.
4.
Cutting or Removal Restricted. With the exceptions of the exemptions
established in this subsection no person shall cut or remove, or cause
to be cut or removed, any existing tree with a diameter at the point
of measurement of four-inch caliper or greater upon any lands within
the Township unless the cutting and removal can be accomplished in
accordance with the provisions set forth in this subsection.
5.
Exemptions. The following shall be exempted from the requirements
of this subsection:
(a)
Commercial nurseries or fruit orchards.
(b)
Christmas tree farms.
(c)
Any tree which is a part of a cemetery.
(d)
Trees directed to be removed by the Township, County, State
or Federal authority pursuant to law.
(e)
Removal of dead, dying or diseased, or damaged trees, or trees
whose angle or growth makes them an immediate hazard to structures
or human life.
(f)
Pruning or removal of trees within the right-of-way by utility
companies or maintenance of utility wires or pipelines and the pruning
of trees within sight easements.
(g)
Trees removed in conjunction with farmland greater than 25 acres
that will be actively devoted primarily to agricultural uses and that
yield a minimum annual income of $500 per year from said farming activities.
A plan must be submitted to the Planning Department for review and
approval. In the event the expanded farmlands are not actively farmed
for a period of two years, the tree replacement provisions contained
in this subsection will apply.
(h)
Parcels of land with a forest management plan approved by the
NJDEP Division of Forestry. The approved plan must be submitted to
the Planning Department as a matter of record.
(i)
Single family lots with tree removal of an area less than 5,000
square feet for the purposes of additions, accessory structures and
expanded yard areas except in restricted areas such as conservation
easements, wetlands or wetland buffers. Separate tree removal events
on a lot over a three-year period, which exceeds 5,000 square feet
are not exempt from the subsection.
(j)
Parcels of land with preliminary site plan or subdivision approval.
Removal of trees prior to Board approval is prohibited, unless it
is part of site investigation such as percolation test for septic
system suitability.
6.
Residential Lots (excluding major and minor subdivisions and site
plans):
(a)
Tree removal on residential lots exceeding an area of 5,000
square feet requires an application to the Site Plan Subcommittee
of the Planning Board to waive the requirement of a tree removal site
plan. The Subcommittee may choose to require a notice hearing before
the full Board based on the information presented.
(b)
Application Form. The application form shall be available at
the Planning Department and shall include the following information:
(1)
Name, address and telephone number of owner of the premises.
(2)
Block and lot, and address of property where the tree removal
is located.
(3)
Name, address and telephone number of person performing the
work.
(4)
A list of trees to be removed with a DPM equal or greater than
four inches identified by size and species, including total number
of each species to be removed.
(5)
Purpose of tree removal (construction, driveway, recreation
area, patio, parking area or other similar activity).
(6)
A property survey indicating the area of the tree removal activity
and existing tree line to remain.
7.
Site Plan. Tree removal shall be permitted only after board approval
and only for those trees necessary to construct the project. Appropriate
protective measures for trees to be preserved shall be in place prior
to construction. Refer to the Checklist for the required information.[1]
[1]
Editor's Note: Checklists referred to herein may be found
in Appendix B attached to this chapter.
8.
Minor or Major Subdivisions. Tree removal shall be permitted only
after Board approval and only for those trees necessary to construct
the project. Appropriate protective measures for trees to be preserved
shall be in place prior to construction. Refer to the Checklist for
the required information for play submission[2]
[2]
Editor's Note: Checklists referred to herein may be found
in Appendix B attached to this chapter.
9.
Review and Design Standards.
(a)
Trees shall be permitted to be removed as necessary to permit
the construction of buildings, structures, decks, pools, driveways,
septic field, lawn area for recreational use for the residents of
the dwelling and any other authorized improvements. Existing vegetation
shall be preserved to the greatest extent feasible.
(b)
Existing lots with tree cover shall maintain a minimum of 30%
of the lot area with a tree canopy. This standard may be waived if
the Board finds that the intent of the subsection has been met or
relief can be granted without negatively impacting the purposes of
zoning.
(c)
Site or tree protection measures including a field delineated
area of disturbance with a silt fence or construction fence in place
prior to removal and any other measure as deemed appropriate by the
Board or Subcommittee.
(d)
Healthy trees outside of the building setback requirements should
be retained to maintain resource protection and buffering to neighboring
properties, unless the trees pose a hazard to person or property or
whereby the approved construction grading or disturbance would cause
damage to a tree creating an unsafe condition.
(e)
Trees and vegetation shall not be removed in wetlands, wetland
buffers or dedicated conservation easements except for exempted activities
or as approved by NJDEP.
10.
Protection of Trees. Whenever an application for tree removal has
been granted, whether by site plan, subdivision or site plan waiver
the following tree protection measures shall be observed.
(a)
Where practical, no material or temporary soil deposits shall
be placed within the drip of a tree to be preserved. A minimum of
six feet must be maintained.
(b)
Except while engaged in tree removal, no equipment shall be
operated within six feet of any tree to be preserved.
(c)
A temporary tree protection detail is included in paragraph.
Other methods must be submitted and approved by Board.
11.
Violations and Penalties.
(a)
Where a site plan has been cleared and/or constructed on a site
which results in accidental removal or severe damage which will result
in death of any tree noted for preservation, the owner/developer shall
replace the tree(s) on a one to one basis per individual tree in accordance
with the following table:
|
Caliper of Existing Tree Removed
|
# of Replacement Trees 2 1/2 inches Caliper
|
|---|---|
|
Between 18 and 24 inches
|
3
|
|
Between 24 and 30 inches
|
5
|
|
Between 30 and 36 inches
|
7
|
|
36 inches or greater
|
10
|
12.
Permit Approval.
(a)
Where tree removal is a part of an application for site plan
or subdivision, the Municipal Land Use Law governs.
(b)
Where the application is made in connection with a single-family
lot (not part of a subdivision) the Township Planner shall have 10
days for completeness review. After the application is complete the
Board shall have 30 days to act or extend with consent of the applicant.
(c)
No approval shall be granted, if the Board finds that the proposed
tree removal is contrary to the best interests of the public health,
safety or general welfare.
(d)
The duration of the tree removal approval for a site plan or
subdivision or variance application is based on the Municipal Land
Use Law. The single-family lot with no variances shall be one year
from the date of Board action.
(e)
The applicant must notify the Planning Department in writing
five days prior to start of work.
[Ord. No. 636 A 403; Ord. No. 649; Ord. No.
665; Ord. No. 691 § III; Ord. No. 720 §§ V,
VI; Ord. No. 841 XII-XVI; Ord. No. 02-20 § 6; Ord. No. 04-05 § 14; Ord. No. 05-03 § 6; Ord.
No. 07-08 §§ 4, 9]
No lot in the Township may contain more than one principal structure except as provided herein by Subsection 18-4.8d. No accessory structure may be built on any lot on which there is no principal building or structure. Unless otherwise regulated in this chapter, accessory structures shall meet the following conditions:
a.
Accessory Structures in Residential Zones.
1.
Except for accessory structures in connection with agricultural uses,
accessory structures shall not exceed 16 feet and 1 1/2 stories
in height.
2.
Accessory structures shall not be permitted in the front yard. Accessory
structures located in a side yard, other than decks, shall meet the
side yard requirements of the principal building and shall not be
connected to or mounted on the principal building unless otherwise
permitted in the zone. Where decks are permitted as an accessory structure,
the following minimum side yard setbacks are required:
|
R-1 zone
|
20 feet
|
|
R-2 zone
|
10 feet
|
|
R-3 zone
|
10 feet
|
|
RR zone
|
20 feet
|
3.
Accessory structures, other than decks, erected in the rear yard
shall be set back from a side or rear property line in accordance
with the following schedule:
|
R-1 zone
|
15 feet
|
|
R-2 zone
|
10 feet
|
|
R-3 zone
|
10 feet
|
|
RR zone
|
15 feet
|
|
RC-1 zone
|
15 feet
|
|
RC-2 zone
|
15 feet
|
|
Where decks are permitted as an accessory structure, the following
minimum rear yard setbacks may be provided:
|
|
R-1 zone
|
65 feet
|
|
R-2 zone
|
40 feet
|
|
R-3 zone
|
25 feet or 35 feet if lot abuts a lake
|
|
RR zone
|
65 feet
|
|
The construction of a deck as an accessory structure shall not
modify the existing yard setback for the principal structure. Decks
which encroach within the minimum yard setback requirements of the
zone may not be converted to become part of the principal structure.
|
4.
Accessory structures such as boathouses or docks may be placed along
the waterfront of a lot having such frontage, regardless of rear yard
requirements.
5.
Except for accessory structures used in connection with agricultural
uses, the total ground floor area of all accessory structures on a
lot shall not exceed the ground floor area of the principal building.
6.
No accessory structure shall be used as a dwelling.
7.
With the exception of farm uses, there shall be no more than three
accessory structures per lot. Excepting farms, the combined ground
floor area of all accessory structures, exclusive of a sole inground
pool and a two car detached garage, shall not exceed 1/2 of the ground
floor area of the principal building. With the exception of accessory
structures on farms, in no event shall the ground floor area of any
accessory building exceed the ground floor area of the principal structure.
8.
Satellite receiving dish antennas greater than three feet in diameter
shall be considered accessory structures and shall conform to the
yard requirements for the zone wherein they are located.
9.
Pool houses shall be permitted as an accessory structure and shall
adhere to the following standards.
(a)
The lot must have a principal structure.
(b)
Minimum lot size shall be five acres.
(c)
The pool house is only permitted in the side and rear yards.
(d)
The pool house shall adhere to the setback standards of the
zone for the principal structure.
(e)
The pool house shall have direct access to the pool decking.
(f)
The architecture shall be compatible with the principal structure.
(g)
The structure may not be used for sleeping quarters.
(h)
The height of the structure shall not exceed 16 feet and 1 1/2
stories.
(i)
The maximum size shall not exceed 600 square feet.
10.
Residential Lots with Double Frontage on Parallel Streets. Accessory
structures and uses shall be permitted within the building setback
area of the front yard of the rear portion of the house. The rear
portion of the house is considered the facade opposite the front door
and shall be consistent with the neighborhood character.
b.
Accessory Structures in All Other Districts. For the purposes of
this chapter, accessory structures in all other districts shall meet
the height and yard requirements for principal buildings. No such
accessory building shall be located closer to another building or
property line than the height of the shorter building.
c.
Prohibited Accessory Structures in all Zones.
1.
Any accessory structures not associated with the function of the
principal use or structure.
2.
Tent structures, do not include temporary party or display tents
as permitted under the chapter.
3.
External Furnaces and Boilers. External furnaces and boilers are
prohibited in all zones and no accessory structure shall be permitted
to house or enclose a furnace or boiler for the purposes of heating
the principal structure in any zone district.
[Ord. No. 636 A 404; Ord. No. 841 § XVII]
Any commercial vehicle used in connection with a business or
any vehicle containing advertising matter intended to promote the
interest of any business shall not be parked or stored in a parking
area serving said business unless the vehicle is parked in a side
yard or rear yard on the lot not fronting on a street. In commercial
zones, no commercial vehicle in excess of five tons shall park within
a public street right-of-way except when making deliveries or pick-ups
or when undergoing emergency repairs (under 24 hours in duration).
There shall be no use made of a public right-of-way for commercial
purposes that are typically on-site commercial activities.
In residential zones, not more than one commercial vehicle may
be kept on the premises, provided:
[Ord. No. 636 A 405; Ord. No. 649; Ord. No.
665; Ord. No. 691 § IV; Ord. No. 02-20 §§ 7, 8; Ord. No. 13-03]
a.
Tourist Cabins, Trailers, Etc. Except as provided in Subsections c and d below, tourist cabins, travel trailers, trailer courts and all other movable dwellings may not be occupied, erected or moved into any zone; provided, however, the unoccupied travel trailers may be stored in any zone, provided no more than one per dwelling unit be stored outside.
b.
Disabled and Nonregistered Vehicles. Disabled and/or nonregistered
vehicles may not be stored in any zone except in an enclosed garage
unless the same are awaiting repair at a licensed public garage for
a period not to exceed two weeks, or unless the same are new vehicles
being stored or displayed at a licensed motor vehicle dealership.
For the purpose of this chapter, the term "disabled" shall refer to
a motor vehicle which is in such a state of disrepair that it cannot
readily be made operable and conforming to all requirements of the
New Jersey Division of Motor Vehicles.
c.
Use of Trailers in Connection with Site Construction. The use of
trailers in any zone in connection with site construction shall be
permitted subject to the following restrictions and regulations.
1.
Such trailers shall be located on the lot on which construction is
progressing and shall not be located within 25 feet of the boundary
line of any abutting residential lot.
2.
Such trailers shall be used only as field offices and not for any
dwelling use whatsoever.
3.
Such trailers shall not be moved onto a construction site until the
date on or after which construction actually commences and shall be
removed from such site on or before the completion of construction.
4.
A permit for the location and use of any such trailer shall be obtained
from the Zoning Officer. Such permit shall be renewed every six months.
d.
Outdoor Storage. Outdoor storage or display of any article or material
as an accessory use to any commercial operation is permitted in the
ED, ED-1, TCC, TCCO, TCLC, TCPB, TCLM, C-1 and C-2 zones only subject
to the following regulations:
1.
All commercial districts and uses shall have an enclosed outdoor
trash and recycling area. The area shall include a concrete pad and
an enclosure that is architecturally compatible with the principal
structure. Appropriate landscape buffers are required to enhance the
buffer and appearance.
2.
The outdoor storage of any article or material, other than merchandise
for sale on the premises, shall be limited to the side and rear yards
and shall be screened by fencing, planting, or both as approved by
the Planning Board. The height of the fence shall be equal to or greater
than the height of the material stored, but not greater than six feet
and the height of material to be stored shall not exceed six feet.
Said storage shall be located at least 10 feet from the property line.
Materials so stored shall be kept in an orderly manner at all times
and such material shall not include any discarded or abandoned articles.
3.
The outdoor storage of merchandise for sale on the premises is permitted
in the front, side and rear yards provided the same is located at
least 25 feet from a right-of-way line and 10 feet from a property
line. The area devoted to such storage shall be approved by the Planning
Board and shall be screened along any side or rear line adjoining
a residential zone. The height of material so stored shall not exceed
six feet except for individual articles which have a height of more
than six feet. No article or material shall be stored in any required
parking area or so located as to interfere with vehicular or pedestrian
traffic movement or safety. In addition, no article or material shall
be stored or displayed on a sidewalk.
4.
The outdoor storage of live plants being displayed for sale on the
premises may be located within 10 feet of a street right-of-way line
and up to a property line provided the height of such material does
not exceed three feet within 25 feet of the street right-of-way or
within 10 feet of a property line.
5.
Excepting the outdoor storage of live plants, not more than 50% of
any yards shall be devoted to outdoor storage or display.
6.
The outdoor storage of materials listed in N.J.A.C. 7:26-6.13.14
shall be prohibited unless specifically approved by the Planning Board
after notice of a resident within 200 feet and a public hearing on
the matter. Any Planning Board approval shall specifically list materials
to be stored, methods of storage and method of eventual disposal.
e.
Parking and Storage of Boats, Trailers and Recreation Vehicles. The
parking and storage of boats, trailers and recreational vehicles in
any zone shall be permitted subject to the following restrictions:
1.
Trailers, boats or boat trailers which are 32 feet or more in length
as measured from outside dimensions including hitching devices shall
be stored within an enclosed garage at all times. Trailers, boats
or boat trailers less than 32 feet in length may be parked or stored
outside the confines of a building only in accordance with Subsections
e2 through 6 below.
2.
All trailers, boats or boat trailers shall be stored in the side
or rear yard only. No trailer, boat or boat trailer shall be parked
or stored in the front yard of a lot or in the front of the front
yard building line.
3.
The area devoted to storage of boats or trailers shall not exceed
7% of the lot area or 400 square feet, whichever is the lesser.
4.
Any trailer, boat or boat trailer parked in the side or rear of any
lot shall meet the requirements and regulations applicable to accessory
buildings in regard to setbacks.
5.
To obscure from view to the maximum extent possible, any trailer,
boat or boat trailer, parked or stored, in a side or rear yard and
not in an enclosed garage shall be screened to a maximum of six feet.
Such screening may be waived if topographic or other physical conditions
would render the screening ineffective.
6.
The area in which any trailer, boat or boat trailer is to be parked
or stored shall not preempt any off-street parking space required
to be provided by any provision of this chapter.
f.
All Residential Zones. No more than two roomers or boarders per family
unit shall be permitted.
g.
All Residential Zones; Home Occupation Requirements. Not more than
one person other than a resident of the premises may be employed by
such professional person and that not more than 1/2 of the floor area
of one story or the basement shall be devoted to such use. No merchandise
or materials either assembled or unassembled may be received into
a residence for the purpose of assembling, fabricating, storing or
reselling. No use permitted shall result in any permitted professional
use operating in this zone in other than a building strictly residential
in appearance. Except for permitted signs, there shall be no physical
evidence of said use visible from the exterior of the building so
used.
h.
Prohibited Uses in All Districts. All uses not specifically permitted
in the zone district are prohibited. In addition the following uses
are prohibited in all districts. The Township hereby finds and concludes
based upon a survey of the surrounding region that the region has
adequate sexually oriented businesses and uses and that additional
facilities are not required within the Township.
1.
Sexually oriented business including, but not limited to, sexually
oriented retail sales, sexually oriented video and book stores, sexually
oriented entertainment uses, houses of prostitution, strip clubs,
nude entertainment uses and any similar sexually oriented uses or
businesses.
2.
Tattoo parlors.
3.
All classes of cannabis establishments or cannabis distributors or
cannabis delivery services as said terms are defined in section 3
of P.L. 2021, c. 16, but not the delivery of cannabis items and related
supplies by a delivery service.
[Added 6-22-2021 by Ord. No. 2021-10]
i.
Permanent Standby Generators.
[Amended 12-14-2021 by Ord. No. 2021-19]
1.
Permanent Residential Standby Generators shall be considered accessory
uses subordinate and customarily incidental to the principal use on
the same lot and permitted in all single-family residential zones
at single-family detached dwelling units. Unless part of a larger
site plan submission to the Planning Board or Zoning Board of Adjustment,
impervious cover created by a generator or the pad supporting the
unit is considered de minimus and impervious cover calculations for
the generator system are not required. Noise attenuation technology
shall be used. Setbacks shall be measured from the pad supporting
the unit and shall meet a minimum of five feet from side and rear
property lines. Generators are not permitted in the front yard and
must adhere to the following standards:
(a)
The size of the generator unit may not exceed 40kw unless the
following conditions are met:
(1)
The generator and the pad supporting the unit meet or exceed
the side yard and rear yard setbacks for a principal structure in
the zone district where they are located, and
(b)
Scheduled Maintenance (exercise time) is only permitted between
the hours of 10:00 a.m. and 5:00 p.m. from Monday to Friday and shall
only occur a maximum of once per week for a maximum of 30 minutes,
unless the unit is undergoing repairs.
2.
Permanent Standby Generators are permitted as an accessory use in all non-residential zones and are not limited by size, but shall adhere to all other standards under Subsection 18-4.5i1(b) and zoning requirements for accessory structures. Noise attenuation technology shall be used.
[Ord. No. 636 A 406; Ord. No. 841 § XVIII; Ord. No. 07-08 §§ 1 —
3; Ord. No. 10-01; Ord. No. 12-02]
a.
Continuance of Use. Any lawful nonconforming use which existed on
the date of adoption of this chapter may be continued and any existing
structure designed, arranged, intended or devoted to a nonconforming
use may be structurally altered subject to the following regulations.
1.
A nonconforming use shall not be enlarged unless the use is changed
to a conforming use, provided, however, that where a building meets
the use requirements of this section and is nonconforming because
of height, area and/or yard regulations, said use may be enlarged
providing the height, area or yard regulations are not further violated.
2.
A nonconforming use changed to a conforming use shall not hereafter
be changed back to a nonconforming use.
3.
A nonconforming use in existence on the date of adoption of this
chapter shall not be permitted to be changed to another nonconforming
use.
4.
In the event that there is a cessation of operation of any nonconforming
use for a period of 12 consecutive calendar months, the same shall
be prima facie evidence of an abandonment of the use without the review
of the Zoning Board of Adjustment. Any subsequent exercise of such
abandoned nonconforming use shall be deemed a violation of the terms
of this section.
5.
Expansion of Residential Use. A nonconforming residential use or
structure may be expanded to provide additional living space provided
the expansion does not infringe further upon any nonconforming side,
front, or rear yard for the first floor expansions only. Second story
and half-story expansions must comply with the setback requirements
of the zone. However, no additional building exteriors shall be closer
than five feet to any side or rear lot line.
b.
Completion of Existing Buildings. Nothing in this chapter shall require
any change in plans, construction or designated use of a structure
for which a building permit has been issued when construction has
been diligently prosecuted within six months following the date of
such permit, and completed within the terms of such permit.
c.
Restoration of Existing Buildings. Any nonconforming use or structure
existing on the date of adoption of this chapter may be continued
upon the lot or in the building so occupied and any structure may
be restored or repaired in the event of partial destruction thereof.
d.
Unlawful Use Not Authorized. Nothing in this chapter shall be interpreted
as implied authorization for or approval of the continuance of the
use of a structure or premises in violation of zoning regulations
in effect on July 6, 1965.
e.
Nonconforming Due to Reclassification. The foregoing provisions of this section, except for as provided in Subsection d above, shall also apply to structures, land or uses which hereafter become nonconforming due to any reclassification of zones under this chapter, or any subsequent change in the regulations of this chapter.
f.
Building and Structure Expansion. Additional living space expansion
shall not be permitted on any residential lot over existing impervious
surfaces that exceeds the impervious cover requirement of the residential
zone district.
[Ord. No. 636 A 407; Ord. No. 649; Ord. No.
665; Ord. No. 669 §§ V — VII; Ord. No. 772 §§ V, VI; Ord. No. 788 § IV; Ord. No. 790 § IV; Ord. No. 841 §§ XIX —
XXIII; Ord. No. 1001 § 1; Ord. No. 1003 § 5; Ord. No. 02-21 § I; Ord.
No. 07-24 § 1]
a.
Purpose and Scope. The purpose of this subsection is to set forth
a complete and comprehensive scheme of orderly procedure for obtaining
from the Planning Board permits for conditional uses of lands and
premises in accordance with N.J.S.A. 40:55D-67. No such permit shall
be granted in a zone unless specifically permitted in the zone.
b.
Requirements. The following requirements specify minimal standards which each proposed use should meet. The appropriate standards in § 18-5 will also apply. These conditional uses may be allowed in zones which specifically list them as conditional uses. All other site plan and subdivision regulations will apply to conditional uses.
c.
Application for a Permitted Conditional Use. Such application shall be made in accordance with procedures set forth in § 18-6 of this chapter and the Planning Board shall act on the application in accordance with said procedures. No conditional use shall be granted unless the same will not be detrimental to the health, safety and general welfare of the Township, is not likely to involve unusual risks of traffic safety or traffic congestion and is reasonably necessary for the convenience of the community. In reviewing every application for a conditional use, the reviewing board shall give reasonable consideration to:
Character of the neighborhood.
Conservation of property values.
Health and safety of residents and workers on adjacent properties
in the surrounding neighborhood.
Potential congestion of vehicle traffic or creation of undue
hazard.
Pedestrian safety.
Effect on the use and enjoyment of adjacent properties.
The nature and intensity of the use.
Adequacy of utility, drainage and other facilities.
Stated principles and objectives of this chapter and the Master
Plan of the Township of Sparta.
In reviewing an application for any conditional use as herein
provided, the reviewing board may impose such conditions and safeguards
as it deems appropriate with respect to, among other matters, the
minimizing of traffic congestion by appropriate arrangements of entrances
and exits to assure public safety. Requirements for conditional uses
shall take precedence over any regulations for the zone in which said
use is located. Said conditional use requirements for the following
permitted conditional uses shall be as follows:
1.
Automotive Service Stations and Public Garages.
(a)
The lot or parcel so used shall have a street frontage of 175
feet and a minimum lot size of 40,000 square feet.
(b)
The walls of any building are set back at least 100 feet from
a residential zone boundary, at least 25 feet from every adjoining
property line and at least 40 feet from a street right-of-way line.
(c)
The nearest boundary line of the lot or parcel of land so to
be used is at least 300 feet measured in a straight line from the
boundary line of property which is used as, or upon which is erected:
(1)
A public or private school or playground.
(2)
A church or other place of worship.
(3)
A hospital.
(4)
A public building or place of public assembly.
(5)
A theatre or other building or structures used or intended to
be used for public entertainment.
(6)
A public playground or civic center.
(7)
A firehouse or fire station.
(8)
An existing public garage or automatic service station.
(d)
The lot or parcel shall be at least 300 feet measured in a straight
line from any residentially zoned property which is located on either
the same or opposite side of the street.
(e)
Gasoline pumps and other apparatus shall be so located as to
permit safe and convenient traffic circulation. Every gasoline or
oil tank, pump or other device, appliance or apparatus shall be located
at least 25 feet from a street right-of-way line, at least 50 feet
from a residential zone boundary and at least 50 feet from any property
line.
(f)
No part of any automotive service station operation or paved
area shall be conducted within 25 feet of a residential zone boundary.
A six-foot high solid fence shall be installed along any residential
zone boundary.
(g)
All paved areas within the property shall be at least five feet
from a property line, 10 feet from a street right-of-way and 25 feet
from a residential zone boundary and bounded by concrete curbing at
least six inches above the surface. These set buffer areas shall be
appropriately landscaped.
(h)
Concrete curbing shall be installed in the street right-of-way
in accordance with Township specifications.
(i)
Adequate parking for automobiles of employees and patrons shall
be provided.
(j)
Entrance and exit driveways shall be at least 35 feet in width
with a five-foot radius at the curbline. There shall be a safety zone
between driveways of at least 25 feet and driveways shall be at least
10 feet from adjoining property lines.
(k)
Corner lots shall have a curve radius of at least 25 feet and
driveway entrances shall start at least 25 feet from the radius tangent
points.
(l)
All unpaved areas shall be attractively landscaped with grass
lawns, trees and shrubs or other vegetation or material as the Planning
Board may approve or require.
(m)
Repair work, other than incidental minor repair, shall take
place within the building and all repair or service apparatus shall
be located within the building.
(n)
There shall be no outdoor storage of supplies, materials, or
automobile parts, whether for sale, storage or waste.
(o)
Floor drains shall not be connected to any sanitary sewer system
or storm drain.
(p)
All storage tanks shall be installed below ground level. Where
the possibility of contamination of underground water resources exists,
the Board may require ample precautions against leakage and seepage.
(q)
The Board may impose such conditions and safeguards as it deems
appropriate with respect to, among other matters, the minimizing of
traffic congestion by appropriate arrangement of entrances and exits,
to assure public safety.
(r)
Twenty-five-foot buffer along right-of-way.
(s)
There shall be no more than three vehicles per bay parked in overnight outdoor storage. The Board may approve additional overnight outdoor storage of vehicles exceeding the number of vehicles permitted under this ordinance section, provided a site plan is approved by the appropriate Board. The site plan shall indicate striped parking spaces in compliance with Subsection 18-5.3h (Parking Standards). All parking and storage of vehicles shall be limited to one vehicle per approved parking space and shall comply with this chapter and the site plan and conditional use approval.
2.
Drive-In Restaurants.
(a)
The lot or parcel of land so to be used has a street frontage
of at least 300 feet and an average depth of at least 300 feet.
(b)
The ground floor area of the building shall be at least 450
square feet.
(c)
The walls of the building shall be located at least 50 feet
from an adjoining street right-of-way, 25 feet from a side property
line and 50 feet from a rear property line.
(d)
Separate entrance and exit driveways and one-way traffic circulation
on the lot shall be maintained. Driveway openings shall be at least
24 feet in width with a radius at the curbline of at least five feet.
There shall be a safety zone of at least 150 feet between driveway
openings and no entrance or exit shall be located within 50 feet of
an adjoining property.
(e)
Corner lots shall have a curb radius of at least 25 feet and
driveway openings shall be at least 50 feet from the radius tangent
points.
(f)
The lot shall be at least 300 feet, measured in a straight line,
from the nearest property line of another drive-in restaurant which
is located on either the same or opposite side of the street. Said
lot shall also be at least 300 feet from any residentially zoned property
which is located on either the same or opposite side of the street.
(g)
Off-street parking shall conform to the requirements of Subsection 18-5.3 and in addition, the following conditions shall be met.
There shall be at least one parking space for each three seats,
whether inside or outside the building, plus one space for each 75
square feet of building area. Drive-in restaurants providing no seating
spaces shall provide at least one off-street parking space for each
50 square feet of building area.
(h)
Trash receptacles for customer use shall be provided in the
parking area conveniently located for all parking spaces. There shall
be at least one receptacle for each six parking spaces, but in no
event less than four receptacles. Such receptacles shall be of appropriate
design which will not detract from the general appearance of the site
and shall be well-secured to the ground surface.
(i)
An area shall be provided for the orderly and convenient deposit
and pick-up of trash. Said area shall be located in the rear yard,
shall be enclosed on all four sides and shall be designed to conform
in appearance to the principal building. Said area shall be at least
five feet from an adjoining property line.
(j)
Such other conditions and safeguards as the Planning Board may
deem appropriate with respect to, among other matters, traffic and
parking arrangement, building design and appearance, landscaping and
pedestrian and vehicular safety.
3.
Public Utilities. The provisions of this subsection are intended
to apply to utility installations such as power generating stations,
electric substations, power transmission lines, radio or television
signal towers, telephone exchanges and similar facilities, but shall
not apply to telephone, gas, water, sewer, electric or community antenna
television facility distribution lines and similar facilities intended
to provide direct service to properties when the same are approved
by the appropriate Township agency.
(a)
The lot shall conform to the lot area requirements of the zone
in which it is located.
(b)
All buildings shall meet the yard and height requirements of
the zone in which the use is located.
(d)
Any such building, structure or use shall be designed and arranged
so as not to detract from the value of adjoining property.
(e)
The Board may impose such conditions as it may deem appropriate
with respect to, among other matters, traffic and parking arrangement,
the amount of off-street parking, building design and appearance and
landscaping.
4.
Kennels.
(a)
The lot or parcel to be so used has an area of at least 80,500
square feet.
(b)
Buildings, pens or other enclosures in which dogs are kept shall
be located at least 100 feet from a property line.
(c)
Not more than 10 dogs or cats or combination thereof for each
acre of lot area shall be kept at any time.
(d)
Dogs and cats shall be contained in buildings, pens or other
enclosures at all times and shall be kept within the confines of a
building between the hours of 9:00 p.m. and 8:00 a.m.
(e)
Outdoor runs or pens shall be screened from view of adjoining
properties by fencing or planting.
(f)
One off-street parking space for each employee not residing
on the premises plus one off-street parking space for each 10 dog
capacity shall be provided.
(g)
Any such kennel shall be approved by the Board of Health to
insure proper sanitation and compliance with applicable State and
local health codes.
(h)
The Board may impose such other conditions and safeguards as
it deems appropriate with respect to the particular premises.
5.
Miniature Golf Courses.
(a)
The lot or parcel meets the minimum lot area requirement of
the zone in which it is located.
(b)
All buildings, structures and golf facilities shall meet the
yard requirements of the zone in which the use is located.
(c)
One off-street parking space shall be provided for each golf
tee.
(d)
All lighting shall be so arranged and shielded as to reflect
the light downward and away from adjoining streets and properties.
(e)
The Board may impose such other conditions and safeguards as
it deems appropriate with respect to the particular premises.
6.
Golf Driving Ranges.
(a)
The lot or parcel meets the minimum lot area requirements of
the zone in which it is located.
(b)
All buildings and structures shall meet the yard requirements
of the zone in which the use is located.
(c)
The fairway, measured in a straight line along the direction
of each tee, shall be at least 350 yards. There shall be a 100 yard
buffer zone around the tees and fairway to the nearest adjoining property
lines.
(d)
Fencing and/or a buffer, as required by the Planning Board,
shall be provided along any property line to prevent golf balls from
landing on adjoining property.
(e)
Three off-street parking spaces shall be provided for each two
tees.
(f)
All lighting shall be so arranged and shielded as to reflect
the light downward and away from adjoining streets and properties.
(g)
The Board may impose such other conditions and safeguards as
it deems appropriate with respect to the particular premises.
7.
Trucking Terminals.
(a)
The lot or parcel so to be used is located within 500 feet of
a State highway.
(b)
The lot or parcel is located at least 1,000 feet from a residential
zone boundary.
(c)
The lot or parcel has an area of at least 10 acres.
(d)
All buildings shall be located at least 200 feet from any property
line.
(e)
Paved areas shall not exceed 10 times the ground floor area
of all buildings.
(f)
The combined ground floor area of all buildings and paved areas
shall not exceed 50% of the lot area.
(g)
Fencing is not required, but when provided shall be in a location
and of a type as approved by the Board, shall not exceed 10 feet in
height and shall not be located within 100 feet of a street right-of-way
line.
(h)
Dense evergreen screening shall be provided along the boundaries
of all parking and loading areas in order to obscure same from all
adjoining streets and properties.
(i)
Separate vehicular entrances and exits shall be provided. Entrances
and exits shall be at least 100 feet apart and shall be at least 24
feet wide.
(j)
Truck and trailer parking shall be located at least 25 feet
from side and rear property lines and at least 100 feet from a street
right-of-way line.
(k)
There shall be at least three truck or trailer parking spaces
for each loading bay.
(l)
Aisles between truck and trailer parking spaces shall be at
least 60 feet in width.
(m)
There shall be at least two off-street automobile parking spaces
for each loading bay.
(o)
A truck terminal may include the following accessory uses: offices
related to the principal use, cafeterias serving trucking terminal
employees and transient truckers and repair and maintenance garages
for trucks and trailers otherwise using the trucking terminal.
8.
Soil Removal Operations. Except in connection with excavation or
grading incidental to construction or alteration of a building or
improvements on premises for which a building permit has been issued,
no person shall excavate for removal of soil or otherwise remove soil
for sale or for use other than on the premises from which the soil
shall be taken unless a site plan has been approved by the Planning
Board in accordance with the following requirements:
(a)
An application to the Planning Board shall be accompanied by
a map or maps showing existing contour lines at two-foot intervals,
an aerial photograph of the site, proposed contour lines at two-foot
intervals after removal of the soil, and existing structures on the
subject premises and within 200 feet of the property, location of
top soil storage areas, methods of controlling silting of downstream
properties, and the elevation of the water table if it is within 15
feet of the proposed final contour, or certification that the water
table is not within 15 feet of the proposed final contour. The determination
of the water table shall be certified by a professional engineer which
certification shall show the procedure used and the date such tests
were made. The maps shall also show all existing trees six inches
or more in diameter measured 4 1/2 feet from ground level, and
the plan for replacing the same number of such trees with trees having
a diameter of 2 1/2 inches measured 4 1/2 feet from the
top of root level.
The application shall also indicate the total number of cubic
yards to be removed and the length of time within which the proposed
operation shall be completed, which shall normally not be for longer
than five years. Where a total project is not capable of being completed
within five years, it shall be broken down into two sections, one
of which shall be completed within five years and the other within
such further period not exceeding five years as the Planning Board
may recommend or specify.
(b)
In considering and reviewing the application and arriving at
its decision, the Planning Board shall be guided by and take into
consideration the public health, safety and general welfare and the
general purposes of municipal planning, and particular consideration
shall be given to the following factors:
(1)
Soil erosion by water and wind;
(2)
Surface water drainage;
(3)
Soil fertility;
(4)
Lateral support of abutting streets and lands;
(5)
Public health and safety;
(6)
Land values and uses;
(7)
Contours, both existing and proposed;
(8)
Existing contours and topographic character of the land prior
to the removal of any soil and the proposed contours which will result
following the removal of soil in accordance with the soil removal
application;
(9)
Whether the proposed removal of soil is necessary and incidental
to the development of the property for its intended use or whether
the proposed removal constitutes primarily an industrial activity;
(10)
Effects of tree removal;
(11)
Effects on water resources such as streams and wetlands;
(12)
Intent and purpose of the zone plan and Zoning Ordinance and
the effects upon the neighborhood;
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In the event that, after considering and reviewing the application,
the Board finds that the proposal would result in the creation of
a lake, pond, hole, pit or similar type of depression, and further
in the event that the nature of the operation would be a wet mining
operation, then, and in that event, in addition to the above referenced
factors, these factors alone may be sufficient basis for the denial
of the application.
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(c)
The owner or person in charge shall so conduct the operation
that there shall be no sharp declivities, pits or depressions, and
in such manner that the area shall be properly leveled off, cleared
of debris, including boulders and graded to conform with the contour
lines and grades as required and shown on the approved plan.
(d)
Arable soil within eight inches of the surface shall not be
removed from the premises but promptly on completion of operations,
or as otherwise directed by the Planning Board, the arable soil so
retained shall be respread on the surface as uniformly as possible
and seeded with winter rye or other suitable planting. If the soil
within eight inches of the top is not arable soil, arable soil must
be spread thereon promptly when the operation is completed in each
such area. Provisions must be made for adequate drainage after the
top soil is replaced. In addition to the above, a landscaping plan
will be provided to return the land to a suitable state.
(e)
Soil removal shall not be deposited or in any way thrown or
placed upon adjoining property or public roads. Any soil or material
resulting from any such operation accumulating on any adjoining property
or public road shall be removed therefrom immediately upon notice
by the Construction Official or other designated official to the owner
of such accumulation.
(f)
All operations shall be conducted in strict accordance with
any State law or other ordinances of the Township and the terms and
conditions of any approval granted for such operations. No operation
shall be permitted within 100 feet of any stream or wetland unless
it can be shown that soil removal would not alter the quantity or
quality of the water nor adversely affect the rate of water flow and
that the final finishing grade requires soil removal within said 100
feet distance.
(g)
The operation shall be so conducted as not to constitute a nuisance
to adjoining owners or the Township and in no event shall said operation
create any extra hazardous or unsafe conditions with regard to any
person or persons.
(h)
Upon completion of an operation or of excavation from an area
delineated on the approved plan, said area shall be properly leveled
off, cleared of debris, graded to conform to the contours and grades
as approved by the Planning Board and trees planted in accordance
with the plan approved by the Planning Board. All roads which may
have been damaged shall be returned to their original condition.
(i)
Soil shall not be removed except in accordance with the approved
plan, which plan may, upon application, be amended from time to time
by the Planning Board.
(j)
No soil shall be removed which is within 15 feet of the water
table and no soil shall be removed which is below the grade established
and shown on the approved map.
(k)
While working an area, the working face of the excavation shall
not exceed 60° from the horizontal, nor shall a face have a vertical
height exceeding 30 feet. Any face not currently being worked on shall
not exceed 30° from the horizontal. Where an excavated area adjoins
a public road or road which has been dedicated to the public, no excavation
shall be made below the level of the road for a distance of 100 feet
from the right-of-way of said road except in such instances where,
on the low side of the road, the removal of material would not substantially
alter the general terrain characteristics. Where an excavated area
is within 50 feet of any building, the finished grade thereof shall
not exceed 10% or be less than 2%. In any event, no finished grade
shall exceed 10% or be less than 2%. Care should be taken so that
there shall be no diversion of surface water either during the operation
or after the project is complete.
(l)
No trash, garbage, junk or debris may be stored on the subject
property and no safety hazards will be permitted, either during or
after the completion of operations. All burning of combustible debris
resulting from said soil operation shall be subject to the regulations
set by the Sparta Township Fire Department or any regulation of a
higher authority in effect, and be undertaken so as not to create
a smoke, nuisance or air pollution safety hazard.
(m)
Each operator shall annually furnish a progress report to the
Township Engineer, the first of which shall be submitted nine months
after approval of the application, which shall consist of a sketch
map at a scale of one inch to 100 feet showing contours at two-foot
intervals, retained arable soil, equipment, the areas where soil was
removed, the location of water supply and disposal facilities, and
drainage facilities, prepared and certified by a licensed professional
engineer.
(n)
Hours of operation shall be limited to the following: 7:00 a.m.
to 6:00 p.m., Mondays through Saturdays, except in emergencies when
authorized by the Township.
(o)
In order to minimize the possibility of mud slides or drainage
of silt, the area of operations for excavation shall not exceed a
total of five acres at any one time without a replacement of top soil
and reseeding of the premises unless otherwise permitted by the Township
for good cause shown.
(p)
Upon the completion of work in any specific area, all respreading
of arable soil and reseeding as required by this chapter shall be
completed within 60 days thereafter; except that, if the completion
of work in an area occurs during the winter months when it would not
be practicable to respread top soil and reseed same, such work shall
be completed within such additional time as may be specified by the
Township.
(q)
Any of the conditions or regulations contained herein may be
modified or waived by the Planning Board under the following conditions:
(1)
Where the applicant can show undue hardship by reason of topography,
grade or other special conditions; or
(2)
Where clear evidence is presented showing that the imposition
of such requirements would be detrimental to the public interest;
or
(3)
Where it can be shown that the intended purpose of the Township
in establishing such requirements can be achieved through other means;
or
(4)
Where the data required is obtainable or available to the Township
from other sources; or
(5)
Where it can be demonstrated that the financial costs to the
applicant or owner in order to meet said requirements would impose
an undue burden or hardship in comparison to the volume of business
being conducted, provided said volume is equal to or less than 75
cubic yards in any two-year period.
(r)
Upon action to the Planning Board pursuant to the provisions
of this section, the applicant shall pay a fee to cover the cost of
the initial review of the proposed soil removal operation as stipulated
in the Revised Ordinances of the Township of Sparta entitled "Fees
and Costs." Upon approval of any application, the applicant shall
pay a permit fee as follows:
(1)
Up to and including 500 cubic yards — $50.
(2)
Above 500 cubic yards — $100 plus a sum computed at a
rate of $0.03 per cubic yard multiplied by the number of cubic yards
to be removed.
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These fees will cover the additional costs of the Township for
inspectors as well as any additional or extraordinary costs or expenses
necessitated by operation.
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(s)
Upon approval of the application, the applicant shall file and
maintain a bond in form and with surety approved by the Township Attorney
in such amount as in the opinion of the Township Engineer shall be
sufficient to insure the faithful performance of the work to be undertaken
pursuant to the conditions of the approval and the terms thereof.
The bond shall be in an amount of not less than $6,000 per acre of
land which is actually being worked in accordance with the approved
plan. Said bond shall cover the respreading of top soil as required
by the provisions of this section and also final provisions for drainage
of the site and grading to final contour. This bond may be increased
from time to time where, in the opinion of the Township Engineer,
conditions and price increases warrant such increases.
(t)
The amount of any performance bond or guarantee may be reduced
when portions of the improvements or works have been completed, upon
recommendation of the Township Engineer.
(u)
When all required performance has been completed, the obligor
shall notify the Township Manager or his designee in writing by certified
or registered mail of the completion thereof and shall send a copy
thereof to the Township Engineer. The Township Manager or his designee
shall authorize the Township Engineer to inspect the site to determine
that all requirements of the approved plan have been carried out.
The Township Engineer shall thereupon file a report in writing with
the Township Manager which shall be detailed and shall recommend approval,
partial approval or rejection. If the work covered by the bond or
performance guarantee or any portion thereof shall not be approved,
or shall be rejected by the Township Engineer, said report shall contain
a statement of reasons for such nonapproval or rejection. Where said
rejection indicates partial approval of said improvements of works,
it shall indicate the costs of the work for which approval is denied.
The Township Manager shall accept or reject the work, grant partial
approval or withhold approval on the basis of such report and shall
notify the obligor in writing by certified or registered mail of the
contents of said report and the action of the Township Manager with
relation thereto not later than 90 days after receipt of notice from
the obligor of the completion of the work. Where partial approval
is granted, the obligor shall be released from all liability pursuant
to his performance guaranty bond except for that portion sufficient
to secure the work not yet approved.
(v)
After reasonable notice and an opportunity to be heard before
the Planning Board, an application may be revoked or suspended for
such period as the Board may determine for any violation of the terms
hereof or the terms and conditions of any plan approved hereunder.
(w)
In addition to an action on the bond or guarantee, or the revocation
of approval provided for herein, any person who violates this chapter,
or any director or officer who permits or participates in a violation
of this chapter or the conditions of the approval shall, upon conviction
thereof, be subject to a fine not exceeding $1,250 or imprisonment
not exceeding 90 days or both in the discretion of the judge before
whom such conviction is had. Each day that a violation continues shall
be considered a separate and distinct violation hereof.
9.
Schools and Institutions.
(a)
Nonprofit Institutional Uses. Any nonprofit institutional use as defined in Subsection 18-2.1 may be permitted as a conditional use. They shall only be permitted after the following requirements are met:
(1)
Public and Private Schools. Public schools covering any or all
grades pre-kindergarten through grade 12 and full-time private schools
covering any or all grades pre-kindergarten through grade 12, operated
by charitable, religious or eleemosynary organizations, which are
not conducted as a business and which are intended to satisfy State
mandated educational requirements, are permitted as a conditional
use in all zone districts provided said conditional use shall meet
all of the following requirements:
(i)
Charter. The application shall be accompanied by
the existing or proposed charter and bylaws of the organization and
such other materials as may be required to guarantee to the satisfaction
of the Planning Board, the following:
A.
The organization is or will be a bona fide nonprofit
school organized for educational purposes and such other activities
normally carried on by such schools.
B.
The organization has been granted exemption from
taxation under the laws of both the State of New Jersey and the United
States.
C.
The organization will
not engage in sales of products or materials to the general public
or otherwise engage in activities normally carried on as a business
or commercial activity, except that:
(a)
The premises may be made available on rental basis
for meetings of other groups, private social functions and the like.
(b)
The organization may conduct intermittent commercial
activities open to the general public designed solely to raise funds
to support the purposes of the organization or for related or affiliated
organizations with charitable, educational or religious purposes,
provided such activities are conducted inside of a building or structure.
Such activities shall also be permitted outside of a building or structure
under the authority of a special license granted by the Township Council
which shall contain such conditions as are considered necessary for
the public health, safety and welfare. This subsection shall not prevent
the organization from hiring or otherwise engaging profit-making organizations
to conduct fund raising activities, even though a portion of the funds
raised is taken by such profit-making organization as a fee.
(c)
The sale of items, products or materials required
for the educational programs or welfare of the students, or accessory
to and having a relation to the activities conducted on the premises,
such as, but not limited to, books, art materials and school supplies,
or tickets for student activities, or other school related events,
or food for school lunches, are permitted on a continuous basis, provided
such sales are conducted inside the building or structure.
(ii)
Minimum Lot Size. The lot or site on which the
proposed use is to be located shall have a minimum area of 90,000
square feet, plus an additional 45,000 square feet for every 100 pupils
or portion thereof of maximum capacity, and the lot or site shall
have a minimum street frontage of 225 feet.
(iii)
Lot Coverage. The coverage of the lot by buildings
and structures will not exceed 15%, and the total coverage of the
lot by all buildings, structures, sidewalks, parking areas, driveways
or other improvements, shall not exceed 40% of the total area of the
lot.
(iv)
Setbacks. Any building or structure shall be set
back from the front street line, a distance not less than two feet
of setback for each one foot of building or structure height or shall
conform to the front yard setback requirements of the zone in which
it is located, whichever is greater.
Any building or structure shall be set back from the side property
lines a distance not less than two feet of setback for each one foot
of building or structure height or 40 feet, whichever is greater.
Any building or structure shall be set back from the rear property
line, a distance not less than two feet of setback for each one foot
of building or structure height or 50 feet, whichever is greater.
(v)
Off-Street Parking. Off-street parking space shall be provided at the rate of one parking space for each 400 square feet of floor area in the school building and any appurtenant structures on the same lot for schools containing grades under the tenth grade. For schools containing grades 10 and/or 11 and/or 12, off-street parking space shall be provided at the rate of one space for each 200 square feet of floor area in the school building and any appurtenant structures on the same lot. The Planning Board may require additional parking, if in its opinion the parking spaces prescribed above are not sufficient to ensure that the use will not cause parking in a public street during the course of normal educational programs. Such parking space shall not be located within the front yard area nor within 25 feet of a property line and shall otherwise comply with all general requirements of Subsection 18-5.3 concerning parking areas. In addition, landscape plantings shall be provided in sufficient quantity, quality, location and height, and maintained or replaced as required, to preclude, to the maximum extent possible, the transmission of headlight glare or other lighting to adjacent properties and to preclude, to the maximum extent possible, view of the parking area from a public street.
(vi)
Exclusions. This section is not intended to apply
to part-time schools which are conducted as an adjunct or supplement
to the religious activities of a church, religious organization or
place of worship, such as, but not limited to, Sunday schools, nursery
schools, catechism or Hebrew schools, adult education, or the like,
or as an adjunct or supplement to the activities or programs of chartered
membership organizations but is intended to apply to educational institutions,
whether or not operated in conjunction with religious organizations,
churches, or places of worship, or chartered membership organizations
which are operated on a full-time basis, which offer general academic
instruction or training in a skill, trade or vocation, and which are
intended to fulfill State mandated educational requirements.
(b)
Churches. Churches and similar places of worship and rectories
or parish houses or convents of religious groups on the same tract
are permitted as a conditional use provided said conditional uses
shall meet all of the following requirements:
(1)
Charter. The application shall be accompanied by the existing
or proposed charter and bylaws of the organization and such other
material as may be required to guarantee to the satisfaction of the
Planning Board, the following:
(i)
The organization is or will be a bona fide nonprofit
religious group organized primarily for the benefit of its membership,
and such other activities normally carried on by religious groups.
(ii)
The organization has been granted exemption from
taxation under the laws of both the State of New Jersey and the United
States.
(iii)
The organization will not engage in sales of
products or materials to the general public or otherwise engage in
activities normally carried on as a business or commercial activity,
except that:
A.
The premises may be made available on a rental basis
for meetings of other groups, private social functions and the like
and;
B.
The organization may conduct intermittent commercial
activities open to the general public designed solely to raise funds
to support the purposes of the organization or for related or affiliated
organizations with charitable, educational or religious purposes,
provided such activities are conducted inside of a building or structure.
Such activities shall also be permitted outside of a building or structure
under the authority of a special license granted by the Township Council,
which shall contain such conditions as are considered necessary for
the public health, safety and welfare. This subsection shall not prevent
the organization from hiring or otherwise engaging profit-making organizations
to conduct fund raising activities, even though a portion of the funds
raised is taken by such profit-making organization as a fee, and;
C.
Sale of religious articles, or items having a relation
to the cultural or ethnic background of the members of the faith are
permitted on a continuous basis, provided that such sales are conducted
inside the building or structure.
(2)
Minimum Lot Size. The lot on which the proposed use is to be
located shall have a minimum area of 75,000 square feet, and shall
have a minimum street frontage of 225 feet.
(3)
Lot Coverage. The coverage of the lot by all buildings, structures,
sidewalks, parking areas, driveways, and other improvements, shall
not exceed 50% of the total lot area.
(4)
Front Yard. Any building or structure shall conform to the front
yard setback requirements for the zone in which it is located.
(5)
Side and Rear Yard. Any building or structure shall be set back
from the side property lines a distance not less than the height of
the structure or 25 feet, whichever is greater. Any building or structure
shall be set back from the rear property line a distance not less
than the height of the structure or 50 feet, whichever is greater.
(6)
Off-Street Parking. Off-street parking space shall be provided at a rate of one space for each 90 square feet of floor area in the church building and one space for each 200 square feet of floor area in any other structure. Such parking space shall not be located within the front yard area, nor within 25 feet of a property line and shall otherwise comply with all general requirements of Subsection 18-5.3 of this chapter. In addition, landscaped plantings shall be provided in sufficient quantity, location and height, and maintained or replaced as required to preclude to the maximum extent possible, the transmission of headlight glare or other lighting to adjacent properties and to preclude to the maximum extent possible, a view of the parking area from a public street.
(7)
Exclusion. It is not intended that part-time schools which are
conducted as an adjunct or supplement to the religious activities
of a church, religious organization or place of worship, such as,
but not limited to, Sunday schools, nursery schools, catechism, Hebrew
schools, adult education, and the like, be classified as a mixed use
as defined herein for the premises on which they are conducted.
(c)
Municipal and Board of Education Uses. Municipal uses other
than parks and Sparta Board of Education uses other than schools are
permitted under this section as a conditional use provided said conditional
uses shall meet all of the following requirements:
(1)
Lot Coverage. The lot coverage by structures shall not exceed
25%.
(2)
Off-Street Parking. Sufficient off-street parking space shall
be provided to ensure that the use will not cause parking in a public
street during the course of normal activities.
(3)
Screening. Landscape plantings shall be provided in sufficient
quantity, location and height to preclude the transmission of headlight
glare or other lighting to adjacent properties and to preclude view
of the parking area from a public street.
(d)
Nonprofit Chartered Membership Organizations. Buildings operated
by chartered membership organizations for the benefit of the public
and not for profit, and the office or offices of charitable organizations,
are permitted as a conditional use provided said conditional uses
shall meet all of the following requirements:
(1)
Certificate of Incorporation. The application shall be accompanied
by the existing or proposed certificate of incorporation and bylaws
of the organization and such material as may be required to guarantee
to the satisfaction of the Planning Board, the following:
(i)
The organization is, or will be, a bona fide, nonprofit
organization organized solely for charitable purposes or for the benefit
and enjoyment of its members who shall be primarily residents of Sparta
and the surrounding communities.
(ii)
The use will not involve the sale or consumption
of liquor or alcoholic beverages in any form, unless the Planning
Board specifically finds that such sales or consumption will not be
detrimental to the character of the area and the safety and welfare
of the public.
(iii)
The organization will not engage in sales of
products or materials to the general public or otherwise engage in
activities normally carried on as a business or commercial activity,
except that:
A.
The premises may be made available on a rental basis
for meetings of other groups, private social functions and the like.
B.
The organization may conduct intermittent commercial
activities open to the general public designed solely to raise funds
to support the purposes of the organization or for related or affiliated
organizations with charitable, educational or religious purposes,
provided such activities are conducted inside of a building or structure.
Such activities shall also be permitted outside of a building or structure
under the authority of a special license granted by the Township Council,
which shall contain such conditions as are considered necessary for
the public health, safety and welfare. This subsection shall not prevent
the organization from hiring or otherwise engaging profit making organizations
to conduct fund raising activities, even though a portion of the funds
raised is taken by such profit making organizations as a fee.
C.
Sale of items, products, or materials related to
or accessory to the primary function or activity of the organization
conducted on the premises, such as but not limited to, food and alcoholic
beverages (if the sale of such beverages is permitted by the Planning
Board and the organization holds a license for the sale of same),
athletic equipment, and the like, are permitted on a continuous basis,
provided such sales are conducted inside the building or structure.
(iv)
Overnight accommodations shall not be provided.
(v)
The hours of use are fixed in a manner in which
the property rights of nearby property owners will not be adversely
affected.
(vi)
Activities of the organization will be carried
on primarily within an enclosed building or structure.
(2)
Street Access. The proposed use is located on a thoroughfare
classified as other than a "minor street" by the Sparta Road Master
Plan.
(3)
Minimum Lot Size. The lot on which the proposed use is to be
located shall have a minimum area of 45,000 square feet, plus an additional
150 square feet of lot area, for each 15 square feet of floor area
in the building and any appurtenant structure on the same lot in excess
of 1,500 square feet, and shall have a minimum street frontage of
200 feet.
(4)
Lot Coverage. The coverage of the lot by structures will not
exceed 20% and the total coverage of the lot by all buildings, sidewalks,
parking areas, driveways, and other improvements, shall not exceed
50% of the total lot area.
(5)
Front Yard. Any building or structure shall conform to the front
yard setback requirements for the zone in which it is located.
(6)
Side and Rear Yard. Any building or structure shall be set back
from the side property lines a distance not less than the height of
the building or structure or 25 feet, whichever is greater.
Any building or structure shall be set back from the rear property
line a distance not less than the height of the building or structure
or 50 feet, whichever is greater.
(7)
Off-Street Parking. Off-street parking shall be provided at the rate of one parking space for each 60 square feet of floor area in the building and structures on the same lot. Such parking space shall not be located within 25 feet of a property line and shall otherwise comply with all general requirements of Subsection 18-5.3 concerning parking areas.
(8)
Screening. Landscape plantings shall be provided in sufficient
quantity, location and height and maintained and replaced as required,
to preclude, to the maximum extent possible, the transmission of headlight
glare or other lighting to adjacent properties and to preclude, to
the maximum extent possible, view of the parking area from a public
street.
(9)
Exclusion. It is not intended that part-time schools which are
conducted as an adjunct or supplement to the purposes and objectives
of the organization be classified as a mixed use as defined herein
for the premises on which they are conducted.
(e)
Profit-Making Institutional Uses. Any profit-making institutional use as defined in § 18-2, may be permitted as a conditional use. They shall only be permitted after the following requirements are met:
(1)
Nursing Homes and Sanatoriums. Nursing homes are permitted as
a conditional use and shall meet the following minimum standards:
(2)
Profit-Making Private Schools and Trade Schools. Private schools
covering any or all grades pre-kindergarten through grade 12 or trade
schools, if approved by the State Board of Education, and which are
conducted as a business, are permitted as a conditional use provided
said conditional use shall meet all of the following requirements:
(i)
Proof of State Approval. A license or similar document
from the State Board of Education attesting to State approval of the
school shall accompany the application.
(ii)
Minimum Lot Size. The lot or site on which the
proposed use is to be located shall have a minimum area of 90,000
square feet, plus an additional 45,000 square feet for every 100 pupils
or portion thereof of maximum capacity, and the lot or site shall
have a minimum street frontage of 225 feet.
(iii)
Lot Coverage. The coverage of the lot by buildings
and structures will not exceed 15%, and the total coverage of the
lot by all buildings, structures, sidewalks, parking areas, driveways,
or other improvements, shall not exceed 40% of the total area of the
lot.
(iv)
Setbacks. Any building or structure shall be set
back from the front street line, a distance not less than two feet
of setback for each one foot of building or structure height or shall
conform to the front yard setback requirements of the zone in which
it is located, whichever is greater.
10.
Funeral Homes, Health Care Facilities, Veterinary Hospitals.
(a)
The minimum area shall be three acres. Veterinary hospitals
would not be required to have a lot size exceeding the zone requirement
unless boarding kennels were proposed.
(b)
All State and Federal regulations and requirements including
permits must be obtained and copies filed with the Township.
(c)
All buildings shall be at least 50 feet from all property lines.
(d)
Lighting shall be arranged so as not to constitute a nuisance
to adjacent uses.
(e)
As part of site plan review, the Planning Board may require
buffering, fencing and/or landscaping to shield the building from
adjacent properties.
(f)
The property in question shall be adjacent to an improved County
or local arterial street with one or more means of access. Where physically
possible, driveway access shall be onto County arterial roadways.
(g)
Adequate site distance standards according to Township and Sussex
County road standards shall be adhered to.
11.
Apartments/Commercial Buildings.
(a)
Apartments shall be constructed with a minimum floor area as
prescribed below:
|
Dwelling
|
Minimum Floor Area
|
|---|---|
|
Efficiency
|
550
|
|
1 bedroom
|
700
|
|
2 bedroom
|
850
|
|
3 bedroom
|
1,000
|
(b)
There shall be not more than two second floor apartment units
per retail establishment or office unit, with a maximum of four second
floor apartment units in a given building, provided that said retail
establishment or office unit has a minimum of 550 leasable square
feet per proposed apartment.
(c)
The Health Department shall provide recommendations on the need
for separate septic tanks and disposal fields for the apartments.
(d)
Each apartment unit shall be provided with a minimum screened
open space yard area equal to the square foot area of the apartment.
12.
Conversion of Existing Residential Structures.[1]
(b)
All conversions, new construction, alterations and additions to existing structures or demolition of existing structures shall be visually compatible with buildings and places to which it is visually related as set forth in Subsection 18-4.2s "Historic Preservation" of the general provisions of this chapter.
[1]
Editor's Note: These provisions pertain to conditional uses
in the R-4 Zone.
13.
Banking and/or Financial Institutions.
(a)
The banking and/or financial institution shall include administrative
offices for the bank or financial institution within the same building
as any teller areas or drive-up windows.
(b)
At least 40% of the bank and/or financial institution shall
be the offices of the bank or institution, not including the vaults,
tellers' area and drive-up window areas.
(c)
The drive-up window area shall not be the primary use and shall
be accessory to the banking and/or financial institution and offices.
14.
Eating Facilities/Delicatessens, Sandwich and Coffee Shops.
(a)
Eating facilities, delicatessens, sandwich and coffee shops
shall be a conditional use within the ED-1 Zone provided that the
use is intended to serve, at least in part, the other principal permitted
uses within the ED-1 Zone.
(b)
Each such conditional use shall constitute no more than 10%
of the total floor area of the building in which it is located. There
shall be no more than two such facilities in any one building within
the ED-1 Zone.
(c)
Any such conditional use shall be incorporated within the building
used for a permissible permitted use within the zone and the architectural
design shall be similar to and integrated with the design of the building.
(d)
No drive-up windows for eating facilities, delicatessens and
sandwich or coffee shops.
15.
Hotels/Motels and Conference Centers.
(a)
The hotel/motels and related conference centers shall be intended
to serve, at least in part, the principal permitted uses in the ED-1
Zone. The conference center facilities shall be associated with a
hotel/motel. The motel or hotel need not be associated with a conference
facility. The motel, hotel, and conference center uses shall obtain
site plan approval consistent with the general design standards of
the ordinances of the Township of Sparta.
(b)
The hotel or motel may include one or more commercial restaurants.
16.
Health Clubs and/or Fitness Centers.
(a)
The health club and/or fitness center shall be intended to serve,
at least in part, the other principal permitted uses in the ED-1 Zone.
(b)
The health center or fitness center shall be located within
buildings within the ED-1 Zone used for other principal permitted
uses. The portion of the building devoted to the health and/or fitness
centers shall be architecturally similar to and integrated with the
other principal permitted use structures within the ED-1 Zone. The
parking for the health club and fitness center shall have one parking
space for each 100 square feet of floor area for assembly halls, fitness
rooms, and pools. Tennis courts and handball courts shall have four
parking spaces per court. In addition, there shall be one space for
each employee on duty at the center.
17.
Accessory Retail Sales.
(a)
Retail sales shall be clearly incidental and accessory to the
principal permitted use and the products sold shall be the same products
which the principal use manufactures, stores, or distributes.
(b)
No more than 25% of the total floor area shall be devoted to
the accessory retail operation.
(c)
There shall be no window displays, no printing or advertising
material posted in the windows.
(d)
There shall be no outdoor display of merchandise.
(e)
No accessory building shall be used for retail sales or storage.
There shall be no outdoor storage except as otherwise provided herein.
(f)
Signs referring to an accessory retail operation shall be on
the same sign as the principal business identification sign and the
sign devoted to the accessory retail sales shall be smaller than the
business identification sign. The combined sign area shall not exceed
the maximum sign area permitted in the zone.
(g)
Traffic Generation. The Board may approve an application requesting
an accessory retail use only after an affirmative showing that there
will be no significant detrimental impact or hazard resulting from
a particular tenant's occupancy.
(h)
There shall be no repair or service facilities in connection
with an accessory retail operation.
(i)
The total number of parking spaces shall take into consideration
the square footage of that portion of the building devoted to the
accessory retail use, using the design standards for retail use (five
spaces per 1,000 square feet). The total number of spaces shall not
be less than the minimum required for the combination of uses.
(j)
Any change in tenancy or significant change in operations shall
require Planning Board approval.
18.
Essential services shall be permitted in all zones. Because of the
wide range of uses which constitute essential services, no specific
regulations are contained in this chapter. Each use shall be evaluated
by the Planning Board and standards imposed based on the following:
19.
Outdoor Dining. Outdoor dining is permitted as a conditional use
in some zones provided the following conditions are met:
(a)
It is associated with and accessory to a restaurant on the same
lot or sidewalk adjoining said lot.
(b)
No food or beverage products can be left outside on tables or
in the buffet set up.
(c)
No storage of dishware or silverware is permitted outside of
the establishment.
(d)
All litter or food debris is required to be removed from the
"floor" of outdoor dining area immediately.
(e)
Seating shall be arranged in a manner to insure free flow of
pedestrian movement and safety.
20.
Senior Citizen Age Restricted Housing. Senior citizen age restricted
housing in congregate care facilities, assisted living facilities,
independent living facilities and/or residential care facilities meeting
the following conditions:
(a)
The applicant shall demonstrate to the Planning Board that the
definitions, requirements and regulations, as amended from time to
time of the New Jersey Department of Health or the New Jersey Department
of Community Affairs have been complied with.
(b)
Minimum tract — 10 acres.
(c)
Maximum height 35 feet 2 1/2 stories.
(d)
The development shall include at least some level of each of
the following:
(e)
The development may include houses of worship and religious
facilities, facilities to sell or provide personal services to residents,
and other ancillary services customarily accessory to the principal
use.
(f)
It shall be a condition of site plan approval and there shall
be a recorded deed restriction that the aged occupants shall be restricted
to persons at least 62 years of age, with or without a spouse or other
member of such person's housekeeping unit, or to surviving members
of that housekeeping unit in the event of death of such resident.
21.
Planned Residential Unit Developments. Planned residential unit developments
pursuant to the following conditions:
(a)
Planned residential developments shall not result in the disturbance,
grading or construction of structures or development improvements
on severe slopes 25% or within freshwater wetlands or freshwater wetlands
transition areas unless a wetland permit is approved by the New Jersey
Department of Environmental Protection. The R-4 Residential Professional
Zone permits planned residential developments with a gross density
of one unit per one acre or one unit per 1/2 acre if connected to
public water and sewer. Planned residential developments shall be
clustered on the lands which do not have severe slopes or freshwater
wetlands. Uses permitted in the R-4 Zone planned residential development
include single family dwellings, patio homes, duplex homes, and 2 1/2
story townhouses with an average number of bedrooms per unit equal
to two.
(b)
Accessory Uses and Structures. The permitted accessory uses
and structures within a planned residential development include the
accessory uses and structures permitted in the R-4 Zone.
(c)
Gross development site areas shall consist of five acres or
more.
(d)
Dimensional Limitations. For areas to be used for a planned
unit residential development, the applicant shall submit a preliminary
site plan application (which shall be subject to final site plan approval),
which may be accompanied by a preliminary subdivision application
as required (subject to final subdivision approval). The preliminary
site plan shall show compliance with the following dimensional limitations:
(1)
Minimum Planned Development Site Area: Five acres.
(2)
Unit per Building: Structure shall contain no more than six
dwelling units. Each unit shall have at least two entrances.
(3)
Building Length: Townhouse buildings shall not exceed a length
of 120 feet. Each unit shall have a front wall offset not less than
three feet from adjoining units.
(4)
Minimum Lot Frontage for residential lots in planned residential
neighborhood: 75 feet.
(5)
Maximum Height of buildings and structures shall be 35 feet
and not more than 2 1/2 stories.
(6)
Minimum Setback from the street right-of-way line and from the
boundary line of an adjoining tract: 50 feet.
(7)
Side Yards. There shall be two ten-foot side yards for single
family dwellings and duplex homes.
Patio homes shall have total combined side yards of 20 feet
with one side yard dimension permitted to be zero.
(8)
Wherever appropriate to the intended uses, the site plan of
the tract shall divide such uses into visually small groups by such
features as quadrangles, loops, cul-de-sac and courts. Efforts shall
be made to have abutting structures within and without the zone of
a similar scale and type. However, to enhance the variety and attractiveness
of the development, monotonous repetition of elements shall be avoided.
To avoid a view of more than three identical structures from any single
point on a road, the use of curved roads, a variety of architectural
design and variable landscape layout, garden walls and gates may be
required.
(9)
Privacy within structures having more than one dwelling unit
of two or more bedrooms shall be protected by the following provisions:
(i)
Every unit must have direct access to the ground
without sharing a hallway, stairway, elevator or fire escape with
another unit.
(ii)
No unit or portion thereof may be placed above
another unit or portion thereof.
(iii)
Lateral sound protection between units shall
be provided by construction of a sound transmission barrier at least
equivalent to that of an eight inch solid masonry wall.
(iv)
No building shall be closer than 30 feet from
any other building.
(v)
Every dwelling shall be served by a public central
sewer and central water system.
(vi)
Parking requirements shall be determined in accordance
with the Residential Site Improvement Standards (RSIS). Each unit
must have at least one garage space, except for senior citizen assisted
living or congregate care facilities. Parking spaces and driveways
must be paved. All parking areas for six or more cars shall be screened
by landscaped earth berms, fences, or suitable landscaping.
(vii)
Unless, by reason of the size, location, configuration
or topographical features of the tract to be developed, the Board
requires otherwise, common open space shall be provided in a single
parcel or parcels of not less than 20% of the gross development site
area. Common open space to preserve the steep slopes shall have the
highest priority.
(e)
Prior to the approval of any planned development, the Planning
Board shall find the facts and conclusions as required in N.J.S.A.
40:53D-45.
(f)
Single family residences, duplex homes, and townhouses constructed
after October 1993 shall not be converted to or used for office service
uses.
22.
Wireless Telecommunications Towers, Equipment and Facilities Conditional
Use Requirements.
(a)
Location Criteria.
(1)
Location Priorities. Locations are enumerated below in the order
of the location priority:
(i)
Completely concealed in existing lawful structures
in nonresidential zones.
(ii)
In or upon existing municipally owned land of
10 acres or more or on an existing municipally owned utility structures
wherever located not exceeding the zone height restriction or the
existing municipal structure by 10% or 10 feet, whichever is less.
(iii)
Within or upon existing structures in the Commercial
and E-D Zones provided stealth technology is used and structures are
within the zone height limitations.
(iv)
Constructing new towers or replacing existing
towers in nonresidential zones.
(2)
Stealth technology must be used in all installations and monopoles
for all new towers to reduce visual impact.
(3)
Point-to-point microwave antennas on the mast of towers are
prohibited and land lines must be used.
(4)
Residential areas and uses are to be protected from the actual
or perceived adverse impacts of wireless telecommunications towers,
antennas and facilities.
(5)
To minimize the height and visual negative impact of towers
throughout the community, owners and users of towers, antennas and
related facilities are required to construct and configure these structures
in such a way as to minimize the perceived adverse visual impact of
towers and antennas through careful design, siting, landscape screening,
and innovative stealth camouflage techniques.
(b)
Telecommunication towers, equipment and facilities are permitted
conditional uses, subject to the following conditions.
(1)
Zoning. Municipal telecommunications towers and antennas as
described below are limited to the Commercial and ED zones except
for facilities on municipal utility structures and stealth towers
on municipal land of 10 one acres or greater as authorized by the
Governing Body.
(2)
Site Location Analysis. Every application for a telecommunications tower or antenna shall include a site location alternative analysis, including an analysis of the location priorities set forth in Subsection c22(a) of this subsection, describing the locations of other sites considered; the availability of those sites, the extent to which other sites do or do not meet the provider's service or engineering needs and the reason why the subject site was chosen. The analysis shall address the following issues:
(i)
How the proposed location of the wireless telecommunication
tower or antenna relates to the objective of providing full wireless
communication services within the Sparta area at the time full service
is provided by the applicant and by other providers of wireless telecommunications
services within the Sparta area.
(ii)
How the proposed location of the wireless telecommunications
tower/facility relates to the location of any existing antennas or
towers within or near the Sparta area.
(iii)
How the proposed location of the wireless telecommunications
tower/facility relates to the anticipated need for additional antennas
or towers within and near the Sparta area by the applicant, and by
other providers of wireless telecommunications services within the
Sparta area.
(iv)
How the proposed location of the wireless telecommunications
tower/facility relates to the objective and goal of maintaining concealed
or reduced tower height with groups of towers within close proximity
to one another rather than isolated, taller towers with many users
at greater tower heights at random locations throughout the Township.
(3)
Existing Structures.
(i)
Nonmunicipal Structures. Towers or antennas meeting the zone requirements are permitted in all Commercial and E-D Zones provided they are concealed in existing lawful structures or constructed as stealth tower structures as defined in Subsection 18-2.1, while meeting the height limitation requirements of the zone.
(ii)
Municipal Structures. Existing, municipally owned
utility structures, such as water tanks, and municipally owned towers
located in any zone may be used for the installation of antennas to
service the wireless telecommunications industry, provided:
A.
That the antenna does not increase the structure
by 10% or 10 feet, whichever is less, or otherwise is less than the
permitted height in the zone.
B.
A license or lease authorizing such antenna or tower
has been approved by the Township of Sparta. However, the Township
may, as a condition of such lease, require site plan approval. The
decision to extend such licenses or leases to an applicant shall be
vested solely with the municipality which shall not be governed by
this subsection c22. The Township of Sparta in its absolute discretion
reserves the express right to deny all uses of its property for antenna
or towers.
(iii)
Towers or antennas may also be located on power
transmission line systems such as pylons provided they satisfy the
stealth requirements and either (a) meet the zone height limitations
or (b) do not exceed the structure height by the lesser of 10% or
10 feet.
(4)
New Wireless Freestanding Telecommunications Towers, Equipment
and Facilities. For towers which do not satisfy criteria of Subsection
c22(b)(3)(i), (ii) or (iii) above.
(i)
Lot Size — 10 acre minimum.
(ii)
Maximum Tower Height — For towers not meeting
the requirements of Subsection c22(b)(3)(i) above, 100 feet or 25
feet above the mean tree canopy, whichever is less.
Mean tree canopy shall be derived from marking all trees 12
inches in diameter or greater measured 4 1/2 feet above grade
within a two acre area surrounding the tower site. The height of the
trees shall be calculated by a professional licensed surveyor in the
State of New Jersey. Absence of a suitable stand of trees for concealment
renders the site unacceptable. No tower shall have a height or location
which would require Federal Aviation Administration lighting. Lightning
rods are excluded from tower or antenna height calculations.
(iii)
Setback Distances. For safety reasons concerning
tower fall zones and further to insure that appropriate setbacks exist,
a telecommunications tower and related facilities must be set back
300 feet as measured from the base footprint of the tower or facility
to any structure, lot line or parking lot, or similar area where people
congregate at any given time. For example, a tower must be set back
at least 300 feet as measured from its base from any adjacent lot,
sportsfield or ball field, playground, parking lot, picnic area, building,
home, etc.
(iv)
Tower locations shall comply with any buffering
required for lots adjacent to residential zones or uses.
(v)
Visual Compatibility Requirements and Construction
Details for the Installation of Wireless Telecommunications Towers.
Monopole tower construction shall be used in all new tower construction.
Additionally, applicants are required to use the latest stealth or
camouflaging techniques to make the tower appear to be a tree of native
species and to blend in with surrounding trees. All towers shall be
fitted with anti-climbing devices.
(5)
Telecommunications Tower Permitted Accessory Structures or Uses.
(i)
Accessory Equipment Sheds.
A.
Maximum height. Sixteen feet.
B.
Maximum area. One thousand five hundred square feet.
C.
Fencing. All equipment sheds shall be located immediately
adjacent to the tower it services. All equipment sheds and tower bases
shall be enclosed with a solid wood fence of at least seven feet in
height, but no higher than eight feet unless otherwise approved by
the Township Engineer. All fences shall include a locking security
gate and a copy of the key to this gate shall be supplied to the Township.
(6)
General Conditions Applying to All Towers and Antennas.
(i)
Noise Levels. All noise generated by a tower and/or
the equipment shed shall meet the minimum standards contained in all
State, Federal or local noise regulations.
(ii)
Co-location Conditions and Limitations. Any new
tower or reconstructed tower approvals shall allow the future co-location
as set forth in this Subsection c22. Co-location by two or more telecommunications
providers shall be permitted on one tower provided that by co-locating,
all conditions of this subsection are satisfied.
A.
In the event a proposed tower for an existing or
future co-location cannot be constructed within the permitted height
limitations, then such co-location is prohibited and instead, an alternate
site or method shall be used but if unavailable, then a second tower
to comply with the height limitations shall be constructed.
B.
No tower may be designed or built to co-locate with
another telecommunications provider at a height greater than the maximum
permitted by this Subsection 22.
C.
In the event any co-location is proposed, a letter
of commitment shall be filed by the applicant to lease excess space
on the tower to other potential users at prevailing market rates and
conditions. The letter of commitment shall be recorded prior to the
issuance of a building permit and shall be binding upon the tower
owner, property owner and successors in interest.
(iii)
Annual Report. Upon the issuance of a building
permit for a wireless telecommunications tower site, the owner or
operator of the site shall provide to the Township Engineer, Township
Planner and Township Zoning Officer, an initial report signed and
sealed by a licensed professional engineer, certifying the estimated
useful structural life of the tower as well as providing an initial
inventory of all equipment and antennas on the site. After 50% of
the useful structural life has lapsed, annual recertification reports
as to the structural integrity of the tower shall be required. An
updated report shall also be provided whenever antenna arrays are
modified and shall include a detail listing of all antennas and equipment.
All vendors and lessees shall also be required to notify the above
Sparta Township officials when the use of such antennas or equipment
is discontinued. If any of the reports disclose that a condition of
any tower presents an imminent hazard to the public health, safety
or welfare, or that the tower antennas and equipment are no longer
in use, the Township Engineer or Zoning Officer shall order the owner
of the tower or site upon which it is located, to take appropriate
corrective action including, if necessary, the removal of the tower
to protect the public health, safety and welfare. Wireless telecommunications
towers and sites shall be maintained to insure continued structure
integrity. The owner of the tower shall also perform such other maintenance
of the structure and of the site so as to assure that it does not
create a visual nuisance.
(iv)
Abandonment and Removal. Any antenna or tower
that is not operated for a continuous period of six months shall be
considered abandoned, and the owner of such antenna or tower shall
remove the same within 90 days of receipt of notice from the Township
of Sparta notifying the owner of such abandonment. Towers that are
rendered obsolete or outdated by advances in technology shall be removed
or modified. Failure to remove an obsolete, outdated or abandoned
antenna or tower within said 90 days shall be grounds for the Township
to require removal of the tower or antenna at the owner's expense.
If there are two or more users of a single tower, then this provision
shall not become effective until all users cease using the tower or
same is deemed obsolete or outdated by the Township. The Township
may condition the issuance of any permit to construct a tower or antenna
on the posting of an appropriate performance bond or other suitable
guarantee in a face amount of not less than 120% of the cost to remove
the tower and restore the property as determined by the Township Engineer
for such construction as required under all applicable Township ordinances.
(v)
Signs Prohibited. No signs shall be permitted on
either the tower or equipment building, except for those signs required
by law or containing such information as owner contact information,
warnings, equipment information, and safety instructions. These signs
shall not exceed two square feet in total area. Absolutely no commercial
advertising shall be permitted on any wireless telecommunications
tower or equipment building.
(vi)
Lighting. No lighting is permitted except as follows:
A.
The equipment building and compound may have security
and safety lighting at the entrance, provided the lighting is attached
to the facility, is focused downward and is wired with a timing device
and/or sensor so that the light is turned off when not needed for
safety or security purposes.
B.
No lighting is permitted on the wireless telecommunications
tower.
(vii)
Multiple Towers and Uses. Any prohibition contained
in any ordinance restricting the number of principal uses per lot
shall not apply to the construction of wireless telecommunications
towers and facilities when the conditions contained in this subsection
are met. The minimum setback distance between structures shall not
apply to PCS ("Personal Communications Systems") providers and those
providers who are licensed to transmit within the 800 MHz frequency
band.
(viii)
Site Plan Approval. Site plan approval shall be required for any wireless telecommunications tower, equipment or facilities, except as may be exempted in Subsection c22(b)(3)(ii)B, pursuant to the site plan standards contained in § 18-6.
(ix)
Additional Municipal Experts. The Planning or
Zoning Board, as the case may be, reserves the right to retain, at
the applicant's expense, any technical consultants as it deems necessary
to provide assistance in the review of site location alternatives
analysis and specifications. By submitting an application for a telecommunications
tower or facility, the applicant is deemed to have consented to this
procedure.
d.
Application for Permit. Application for permit for any conditional
use shall be made to the Planning Board by filing an application with
the administrative officer or his designee. Such application shall
set forth and be accompanied by the following:
1.
A site plan drawn in accordance with § 18-6. Said plan shall, in addition, show the location, type or kind of structure and present use of all buildings within 200 feet of the boundary lines of the lot.
2.
Where the applicant is a person other than the owner of the lot,
the written consent of owner or owners authorizing the filing of the
application.
[Ord. No. 636A 407; Ord. No. 9-8-98; Ord. No.
1003 §§ 1, 5; Ord.
No. 01-14 §§ 1, 2; Ord. No. 02-20 § 27; Ord. No. 02-25 §§ 1, 2; Ord. No. 04-05 § 1; Ord. No. 05-03 § 1; Ord.
No. 11-05 §§ 2, 3; Ord. No. 12-01 §§ 2, 3; Ord. No. 2016-21 § 2, 5; Ord. No. 2018-12 § 2]
a.
Classes of Districts. The Township of Sparta is hereby divided into
the following development districts:
|
R-1
|
Residential Zone — 40,250 square foot lot
|
|
R-2
|
Residential Zone — 20,000 square foot lot
|
|
R-3
|
Residential Zone — 8,000 square foot lot
|
|
R-4
|
Residential/Professional Zone
|
|
RR
|
Rural Residential Zone — 5-acre minimum lot with cluster
options
|
|
RC-1
|
Rural Conservation/Residential Zone — 5 acre minimum lot
with cluster options
|
|
RC-2
|
Rural Conservation/Residential Zone — 5 acre minimum lot
with cluster options
|
|
MF
|
Multi-Family Zone
|
|
MF-1
|
Multi-Family Zone-1, Inclusionary Housing District
|
|
MF-2
|
Multi-Family Zone-2, Inclusionary Housing District
|
|
MF-3
|
Multi-Family Zone-3
|
|
C-1
|
Community Commercial — 10,000 square foot lot
|
|
C-1H
|
Community Commercial Historic — 10,000 square foot lot
historic zone
|
|
C-2
|
Office and Service Zone — 20,000 square foot lot
|
|
C-2H
|
Office and Service Zone/Historic — 20,000 square foot
lot historic zone
|
|
TCC
|
Town Center Commercial Zone
|
|
TCCO
|
Town Center Commercial Office Zone
|
|
TCLC
|
Town Center Limited Commercial Zone
|
|
TCPB
|
Town Center Professional Business Zone
|
|
TCLM
|
Town Center Lower Main Street Commercial Zone
|
|
TCMSB
|
Town Center Main Street Business Zone
|
|
E-D
|
Economic Development — 80,000 square foot lot
|
|
E-D1
|
Economic Development — Low and Moderate Cost Housing
|
|
PCD
|
Planned Commercial Development Zone
|
|
PCED
|
Planned Commercial Economic Zone
|
|
OS/GU
|
Open Space/Government Use District
|
|
PVC
|
Planned Village Core PVC (Added as an overlay zone to the Planned
Commercial Development and Economic Development Districts.)
|
|
PDRM-1
|
Planned Resource Development Management-1 District
|
|
PDRM-2
|
Planned Resource Development Management-2 District
|
b.
Boundaries of Districts; Zoning Map; Schedule; Interpretation.
1.
The boundaries of the districts referred to in Subsection a are hereby established as shown on the map entitled "Zoning Map, Township of Sparta, Sussex County, New Jersey dated October 10, 2002", and as amended from time to time, and lastly on November 2, 2016.[2]
Where permitted, Planned Commercial Development shall be permitted
as specified as PCED on the amended zone map and shall apply to Block
12008, Lots 14, 15, 16, 17, 18, 19, 20, and 21.
[2]
Editor's Note: The map referred to herein may be found in
the office of the Township Clerk.
2.
Said zoning map is on file with the Clerk of the Township of Sparta
and is available for inspection; ("copies thereof are available for
purchase to interested members of the public.)"
3.
The provisions of this chapter shall be minimum requirements. Where
there are minimum and maximum standards, both standards shall be met
even though the combination of standards may not permit development
to take advantage of all standards simultaneously. Where this chapter
imposes a greater restriction than other provisions of law, the provisions
of this chapter shall control. Where other provisions of law impose
greater restrictions than this chapter, the provisions of such other
laws shall control.
4.
Zoning district lines are intended to follow street center lines,
streams and lot or property lines unless otherwise indicated by dimensions
on the map. Dimensions are in feet, measured horizontally and measured
from the street right-of-way line even if the center line of that
street serves as a district line. The location of any disputed zoning
line shall be determined by the Zoning Board of Adjustment. District
lines extend vertically in both directions from ground level.
5.
Where a zoning district line divides a lot, that line may be modified
by the owner by moving it to the property line, provided that the
property line is within 20 feet of the district line as shown on the
map. A use permitted in the district so extended shall thereafter
be a permitted use in the extended area. A district line shall be
altered only once by utilizing this section of the chapter, after
which the use shall be governed by the district in which it is located
after the adjustment.
6.
Where a street or public way serves as the zoning district line and
it is lawfully vacated, the former center line shall be considered
the zoning district line.
c.
Prohibited Uses. Where a use is not specifically permitted in any
zone, it is prohibited.
d.
Principal Use. No residential lot shall contain more than one principal
structure or permitted use. Shopping centers, industrial and office
complexes receiving site plan approval may be permitted to have more
than one building on a lot, provided that the structures are sited
to comply with setback and yard provisions of this chapter, and provided
that each lot has frontage on an approved street. Essential services
shall be permitted in all zones as conditional uses.
[1]
Editor's Note: Zoning Maps are on file in the Office of the
Township Clerk.
[Ord. No. 04-05 § 12]
a.
Purpose. This zone is designated for detached single family residential
use. Other uses are also permitted where the criteria below and other
applicable sections of this Code are also satisfied.
e.
Required Conditions. The following requirements must be complied
with in the R-1 Zone:
1.
Height. The height of a principal structure shall not exceed 2 1/2
stories or 35 feet, whichever is the lesser.
2.
Front Yard. There shall be a front yard of not less than 75 feet.
3.
Side Yard. There shall be two side yards, each of which shall be
a minimum of 30 feet.
4.
Rear Yard. There shall be a rear yard of at least 75 feet.
5.
Minimum Lot Area. The minimum lot area of 45,000 square feet shall
be required for the R-1 Zone. The maximum impervious coverage shall
be 18% for lots up to two acres in size and 4% additional coverage
for all lot area greater than two acres.
6.
Minimum Floor Area. Every dwelling erected shall have a minimum floor
area, excluding cellar and garage areas, of 700 square feet plus at
least 100 square feet for each bedroom and 50 square feet additional
living area for each bedroom, as listed below.
|
Dwelling
|
Minimum Floor Area
|
|---|---|
|
1 bedroom
|
850
|
|
2 bedroom
|
1,000
|
|
3 bedroom
|
1,150
|
|
4 bedroom
|
1,300
|
|
5 bedroom
|
1,450
|
7.
Land Coverage. The maximum land areas to be covered by all impervious
surfaces shall not exceed 15% of the total site area.
8.
Minimum Frontage. Minimum frontage at the right-of-way line shall
be 135 feet. Minimum width at the building line shall be 175 feet.
Minimum frontage on the turnaround at the end of a permanent cul-de-sac
shall be 100 feet and minimum width at the building line shall be
150 feet.
f.
Cluster Conditions. Should a cluster subdivision be proposed, the
yard requirements may be waived by the Planning Board as may be appropriate.
However, the total number of cluster subdivision lots may not exceed
the number of standard lots which would be permitted based on an approved
qualifying map. Required conditions of the R-2 Zone shall apply, except
that minimum lot area shall be 30,000 square feet.
[Ord. No. 04-05 § 13]
a.
Purpose. This zone is designed for single family residential use.
Other uses are also permitted where the criteria below and other applicable
sections of this Code are also satisfied.
e.
Required Conditions. The following requirements must be complied
with in the R-2 Zone:
1.
Height. The height of a principal structure shall not exceed 35 feet
or 2 1/2 stories, whichever is less.
2.
Front Yard. There shall be a front yard of not less than 50 feet.
3.
Side Yard. There shall be two side yards, each of which shall be
a minimum of 15 feet.
4.
Rear Yard. There shall be a rear yard of at least 50 feet.
5.
Minimum Lot Area. The minimum lot area of 25,000 square feet must
be measured within 230 feet of the front street right-of-way.
6.
Minimum Floor Area. Every dwelling erected shall have a minimum floor
area, excluding cellar and garage areas, of 550 square feet plus at
least 100 square feet for each bedroom and 50 square feet additional
living area for each bedroom as listed below:
|
Dwelling
|
Minimum Floor Area
|
|---|---|
|
1 bedroom
|
700
|
|
2 bedroom
|
850
|
|
3 bedroom
|
1,000
|
|
4 bedroom
|
1,150
|
|
5 bedroom
|
1,300
|
7.
Land Coverage. The maximum land area to be covered by all impervious
surfaces shall not exceed 15% of the total site area.
8.
Minimum Frontage. Minimum frontage at the right-of-way line shall
be 75 feet. Minimum lot width at the building line shall be 100 feet.
Minimum frontage on the turnaround at the end of a permanent cul-de-sac
shall be 65 feet and the minimum width at the building line shall
be 85 feet.
[Ord. No. 02-20 § 19; Ord. No. 04-05 § 15; Ord. No. 07-08 § 5; Ord. No. 10-01]
a.
Purpose. This zone is designed for single family residential use.
e.
Required Conditions. The following requirements must be complied
with in the R-3 Zone:
1.
Height. The height of a principal structure shall not exceed 2 1/2
stories or 35 feet, whichever is the lesser.
2.
Front Yard. There shall be a front yard of not less than 35 feet
except that, where the existing buildings on the same side of the
street and within 200 feet from an average setback, new buildings
shall conform to such established line, provided no new building may
project closer than 25 feet to the street right-of-way line.
3.
Side Yard. There shall be two side yards, one a minimum of eight
feet and a total combination of 20 feet.
4.
Rear Yard. There shall be a rear yard of at least 35 feet.
5.
Minimum Lot Area. The minimum lot area of 14,000 square feet is required.
Existing conforming platted lots prior to the July 1, 2002 effective
date shall adhere to the following lot standards. No residential building
shall be erected on an existing platted lot less than 8,000 square
feet measured within 100 feet of the street sideline.
6.
Minimum Floor Area. Every dwelling erected shall have a minimum floor
area, excluding cellar and garage areas, of 550 square feet plus at
least 100 square feet additional living area for each bedroom, as
listed below:
|
Dwelling
|
Minimum Floor Area
|
|---|---|
|
1 bedroom
|
700
|
|
2 bedroom
|
850
|
|
3 bedroom
|
1,000
|
|
4 bedroom
|
1,150
|
|
5 bedroom
|
1,300
|
7.
Land Coverage. The maximum land area to be covered by all impervious
surfaces shall not exceed 25% of the total site area.
8.
Minimum Frontage. Minimum frontage at the right-of-way line shall
be 60 feet. Minimum lot width at the building line shall be 80 feet.
9.
Corner lots shall have a minimum side yard of 12 feet with a combined
side yard of 24 feet.
10.
The building coverage of the principal structure shall not exceed
18% of the lot area.
[Ord. No. 1003 § 6; Ord. No. 10-14]
a.
Purpose and General Requirements for All Uses in R-4 Zone. The R-4 Residential/Professional Zone is a zone for a single family residential use, and a zone which permits the conversion of existing residential homes, constructed prior to October 1, 1993, fronting on Main Street and Glen Road and the proposed service road parallel to Main Street as shown in the Town Center Master Plan Amendment. Professional office and service uses are permitted as a conditional use. Site plans and building shall be designed in a manner that will preserve the rural and historic character of the Township, preserve the tax base of the Township and promote the viability of the existing and future commercial areas in the central business district, promote the public health, safety, morals and general welfare, provide adequate open space and preservation of environmentally sensitive lands such as freshwater wetlands, transition areas, severe slopes and woodlands, promote development in harmony with the existing Town Center by maintaining the scale, form and proportions of the existing R-4 and the Town Center Zones. The R-4 Residential/Professional Zone therefore promotes the establishment of appropriate single family/residential, planned residential unit developments and office and service uses at locations in accordance with their respective environmental requirements, and the promotion of desirable visual environment through creative development techniques including unified design, conservation of open space and prevention of urban sprawl. Demolition or partial demolition of any structures in the R-4 Zone shall comply with Subsection 18-4.2 regarding Historic Preservation.
b.
Principal Permitted Uses.
1.
Single family residential uses.
2.
Public buildings and uses.
3.
Institutional uses and nonprofit clubs.
4.
Churches and cemeteries.
6.
Construction of new structures for office and service uses such as office buildings for doctors, dentists, veterinarians, architects, engineers, attorneys, or other like professionals, medical clinics, banking, insurance, institutional and real estate offices, profit-making institutional uses, health and child care facilities, antique shops, photography and art studios, per Subsection 18-4.2s (historic preservation). New professional office and service buildings shall have a residential appearance in keeping with the goals of the amendment to the appendix of the 1993 Interchange Master Plan and the Town Center Plan Amendment.
7.
(Reserved)
8.
Second floor apartments over office establishments.
c.
Conditional Uses.
1.
The following uses are permitted as conditional uses within the R-4 Residential/Professional Zone subject to site plan approval and consideration of the impact of said use on the neighborhood as outlined in Subsection 18-4.7c, Application for a Permitted Conditional Use. A primary consideration in reviewing the suitability of a proposed conditional use is preservation of the existing buildings within the zone to accomplish the following goals of the Township of Sparta:
To preserve the resources within the Main Street corridor which
reflect the elements of the architectural history.
To encourage the continued use of the existing buildings and
to encourage appropriate reuse.
To maintain the character of the neighborhood and architecturally
significant buildings.
To manage change by preventing alteration or new construction
not in keeping with the zone.
To discourage the unnecessary demolition of historic resources.
2.
The permitted conditional uses are as follows:
(a)
Second floor apartments in office/service buildings in accordance
with the provisions of Subsection 18-4.7c11.
(b)
The conversion of existing residential structures constructed
prior to October 1, 1993 on properties fronting on Main Street or
Glen Road to offices for businesses, executive and professional purposes,
antique shops, and photography and art studios. Second floor apartments
are permissible in these converted structures in accordance with Subsections
18-4.7c11 and 12 and 18-4.12g3, 4, 6, 7, 8 and 9.
(c)
Nursing homes, sanitariums pursuant to Subsection 18-4.7c9(e).
(d)
Planned residential unit developments pursuant to the conditions
set forth in 18-4.7c22.
(e)
Essential services pursuant to standards set forth in Subsection
18-4.7c18.
e.
Prohibited Uses.
1.
Uses which are not permitted uses, conditional uses or accessory
uses are hereby prohibited.
f.
Required Conditions for Single Family Residential Use.
1.
Single family residential development shall not result in the disturbance, grading or construction of structures or development improvements on severe slopes (25% or more) or within the freshwater wetlands or freshwater wetlands transition areas unless a wetland permit is approved by the New Jersey Department of Environmental Protection and Energy. The R-4 Residential/Professional Zone permits a gross density of one unit per two acres. The residential structures shall be clustered on the lands which do not have severe slopes or freshwater wetlands and may have a minimum clustered lot area of 20,000 square feet measured within 200 feet of the front street. The lands within the subdivision not utilized for cluster lots and roads shall be dedicated to open space pursuant to Subsection 18-5.4.
2.
Height. The height of a principal structure shall not exceed 35 feet
or 2 1/2 stories, whichever is less.
3.
Front Yard. There shall be a front yard of not less than 30 feet.
4.
Side Yard. There shall be two side yards which shall not be less
than 15 feet each. When the lot in question is a corner lot, the side
yard adjoining the side street shall conform to the front yard setback.
5.
Rear Yard. There shall be a rear yard of at least 50 feet.
6.
Land Coverage. The maximum land area to be covered by all impervious
surfaces shall not exceed 15% of the total site area.
7.
Minimum Frontage. Minimum frontage at the right-of-way line shall
be 75 feet. Minimum lot width at the building line shall be 100 feet.
Minimum frontage on the turnaround at the end of a permanent cul-de-sac
shall be 65 feet and the minimum width at the building line shall
be 85 feet.
8.
Single family residential structures constructed prior to October
1, 1992 may be expanded provided the structure conforms to the required
yard setback requirements of the R-4 Zone and may be rebuilt if totally
or partially destroyed.
9.
Single family residences, duplex homes, and single story townhouses
constructed after October 1993 shall not be converted to or used for
office service uses.
10.
Streetscape. All properties with frontage on Main Street, Sparta
Avenue, Woodport Road, Mohawk Avenue, the connector and parallel service
road to Main Street shall provide streetscape improvements consistent
with the Town Center Master Plan including but not limited to the
following:
g.
Required Conditions for New Office and Services Uses Planned Commercial
Development.
1.
New office and service uses shall include features to promote harmony
with the character of the existing town center scale, form, and proportions
of the Town Center Zones. Buildings shall have a residential appearance
in keeping with the goals of Town Center Master Plan Amendment and
the appendix to the 1993 amendment to the interchange Master Plan.
2.
Planned commercial developments shall have a unified site architectural
and signage design. Planned commercial developments shall not result
in disturbance, grading or construction of structures or development
improvements on severe slopes (25% or more) or within the freshwater
wetlands or freshwater wetlands transition areas unless a wetland
permit is approved by the New Jersey Department of Environmental Protection
and Energy.
3.
Buildings and signs shall be in keeping with the rural character
of the area and the goals of the Town Center Master Plan Amendment.
4.
Height. The height of a principal structure shall not exceed 2 1/2
stories or 35 feet, whichever is the lesser.
5.
Building Length. No building shall have a continuous facade in any
direction exceeding 120 feet.
6.
Front Yard. There shall be a front yard setback of not less than
30 feet.
7.
Side Yard. Thirty feet.
8.
Rear Yard. Fifty feet.
9.
Impervious Cover. The total impervious cover of any planned commercial
development shall not exceed 40%.
10.
Lot Area. The gross lot area of a planned commercial development
shall consist of a minimum of four acres. The planned commercial development
may be subdivided into smaller net lot areas of not less than 10,000
square feet as may be suitable for the proposed development plan of
each use provided the planned development has a simultaneous site
plan and subdivision approval and provided the development has a common
design theme.
11.
Off-street parking as regulated in Subsection 18-5.3 is permitted in side and rear yards provided the following minimum setbacks are maintained from property line and right-of-way lines of any approved road:
12.
Loading areas shall be screened by architectural features, walls
or landscape berms.
13.
Distance between unattached buildings shall not be closer than 30
feet to any other building situated on the same lot.
14.
A planned commercial development shall be served by a central water
system.
15.
Prior to the approval of any planned development, the Planning Board
shall find the facts and conclusion as required by N.J.S.A. 40:53D-45.
16.
Streetscape. All properties with frontage on Main Street, Sparta
Avenue, Woodport Road and Mohawk Avenue shall provide streetscape
improvements consistent with the Town Center Master Plan including
but not limited to the following:
h.
Standards for Existing Platted Lots: Limited Commercial Use. Undeveloped
existing platted lots under four acres as of April 15, 2010 for limited
commercial use shall conform to the bulk standards of the Town Center
Commercial Zone (TCC 18-4.24e).
[Ord. No. 9-8-98 § II; Ord. No. 02-20 § 9; Ord. No. 04-05 §§ 3 — 5, 16; Ord. No. 07-08 § 6]
a.
Purpose. This zone is designed for detached single-family residential
use. The density permitted is based upon the natural features of the
land to withstand development. The density is based upon the capacity
of the land to provide for sufficient space for residential use, to
provide for consistency with existing neighborhoods, to provide for
an appropriate residential use and residential zone, and to provide
for development in keeping with the environmental suitability and
characteristics of the property within the zone.
e.
Required Conditions. The following requirements shall be complied
with in the Rural Residential Zone.
1.
Height. The height of the principal structure shall not exceed 2 1/2
stories and 38 feet in height as defined in the chapter.
2.
Front Yard. There shall be a front yard of not less than 75 feet.
3.
Side Yard. There shall be two side yards, each of which shall have
a minimum of 50 feet.
4.
Rear Yard. There shall be a rear yard of at least 75 feet.
5.
Minimum Lot Area. The minimum lot area for determination of total
development density within any minor or major subdivision shall be
five acres for each lot.
6.
Land Coverage. The maximum land coverage area to be covered by all
impervious surfaces shall not exceed 10% of the total site area.
7.
Minimum Frontage. Minimum frontage at the right-of-way line shall
be 250 feet.
8.
Minimum Width. Minimum width of the building line shall be 250 feet.
Minimum frontage at the turnaround at the end of a cul-de-sac shall
be 100 feet. The minimum width of the building line of a cul-de-sac
lot shall be 150 feet.
9.
Existing Lots Platted or Approved Prior to August 11, 1998 with Less
Than Five Acres. Existing lots platted or approved prior to August
11, 1998 which are less than the five acre minimum lot size may be
used for a new single family residential structure or an expansion
of an existing residential structure in accordance with the standards
of the former PR zone which are as follows:
(a)
Height. The height of the principal structure shall not exceed
2 1/2 stories and 38 feet in height as defined in the chapter.
(b)
Front Yard. There shall be a front yard of not less than 75
feet.
(c)
Side Yard. There shall be two side yards, each of which shall
have a minimum of 30 feet.
(d)
Rear Yard. There shall be a rear yard of at least 75 feet.
(e)
Minimum Lot Area. The minimum lot area shall be the actual preexisting
lot area but not less than 40,000 square feet.
(f)
Land Coverage. The maximum imperious coverage shall be 18% for lots up to two acres in size and 4% additional coverage for all lot area greater than two acres. Each cluster lot shall have a minimum of 8,000 square feet contiguous, unconstrained land in accordance with the standards set forth herein and in Subsection 18-5.6.
(g)
Minimum Frontage. Minimum frontage at the right-of-way line
shall be 135 feet.
(h)
Minimum Width. Minimum width of the building line shall be 175
feet to 250 feet. Minimum frontage at the turn around at the end of
the cul-de-sac shall be 100 feet. The minimum width of the building
line of a cul-de-sac lot shall be 150 feet.
f.
Environmental Constraints Cluster Option. Land within the Rural Residential District may be subdivided in a cluster subdivision in accordance with the following requirements. The total number of lots within the subdivision shall be determined by dividing the total acreage by five acres per lot. This total number of lots may be then subdivided within the total tract in accordance with the following net residential site reduction standards provided that the balance of the tract is retained in perpetual open space by either a homeowners' association in accordance with the standards set forth in Subsection 18-5.4, or dedicated to the Township of Sparta for open space, conservation, recreation and/or public school purposes consistent with the Master Plan. The net size of the residential sites may be reduced as follows and in accordance with the standards set forth in Subsection 18-5.6.
1.
Least Restricted. One unit per one acre.
2.
Moderately Restricted. One unit per three acres.
3.
Severely Restricted. One unit per five acres.
4.
Newly Created Lot or Subdivision Lot. Any newly created lot or subdivided
lot in a major or minor subdivision shall be at least five acres.
The five acre lot may be clustered, however, in accordance with this
subsection.
5.
Minimum Residential Site Size. Minimum residential site size within
any cluster development under this subsection shall be one acre of
least restricted land. Constraint calculations shall not be required
where the proposed residential site to be created is five acres or
more.
6.
Open Space or Public Dedication. No residential site shall be greater than five acres. All land not included in the net residential sites shall be dedicated to the public or preserved in open space pursuant to Subsection 18-5.4. If net residential sites are created which are less than five acres, the open space or public lands dedication for said clustered net residential site shall be equal to or greater than five acres minus the size of the net residential site.
7.
Contiguity of Open Space/Public Dedication. Not less than 40% of
the gross acreage of the tract shall be reserved for permanent common
open space. All open space areas and/or public dedication areas (open
space areas) shall be contiguous with the subdivision. All open space
areas shall have access from a public street and frontage of at least
100 feet on a public street. The open space shall abut at least 50%
of the side or rear of the net residential sites. At least 5% of the
open space land shall be least restricted and moderately restricted
land.
8.
The open space shall be planned and designed to provide for interconnection
to nearby or adjacent public land and planned or possible future open
space as per the Master Plan.
9.
Required Conditions. The following requirements shall be complied
with in the environmental constraints cluster option:
(a)
Height. The height of the principal structure shall not exceed
2 1/2 stories and 38 feet in height as defined in the chapter.
(b)
Front Yard. There shall be a front yard of not less than 75
feet.
(c)
Side Yard. There shall be two side yards, each of which shall
have a minimum of 30 feet.
(d)
Rear Yard. There shall be a rear yard of at least 75 feet.
(e)
Minimum Lot Area. The minimum lot area for determination of
total development density within any minor or major subdivision shall
be five acres for each lot.
(f)
Land Coverage. The maximum impervious coverage shall be 18%
for lots up to two acres in size and 4% additional coverage for all
lot area greater than two acres. For example, a sample calculation
for a three acre lot would be as follows:
(g)
Minimum Frontage. Minimum frontage at the right-of-way line
shall be 135 feet.
(h)
Minimum Width. Minimum width of the building line shall be 175
feet. Minimum frontage at the turnaround at the end of a cul-de-sac
shall be 100 feet. The minimum width of the building line of a cul-de-sac
lot shall be 150 feet.
g.
Incentive Cluster Option. As an additional incentive to Affordable
Housing Trust Fund contributions and public open space dedication
within the zone, an applicant for a major subdivision may apply for
approval from the Planning Board of an incentive cluster subdivision.
The maximum number of lots within the incentive cluster subdivision
may be increased from the total acreage of the property divided by
five acres to add an additional 0.3 residential site for each five
acre portion of the tract, so that there are 1.3 residential sites
for every five acres of gross land area, provided that the applicant
meets the following requirements:
1.
Open Space Dedication. The open space of the cluster subdivision
shall include at least 15% of the lands which are not least restricted
and which are dedicated to the Township of Sparta for open space,
recreation, public use, or conservation purposes as determined appropriate
by the Township Council of the Township of Sparta.
2.
Housing Trust Fund and Developer's Agreement. As a condition of preliminary
subdivision approval and prior to commencing site work and/or prior
to final subdivision approval, the applicant shall enter into a developer's
agreement with the Township of Sparta. The developer's agreement shall
provide that the applicant shall contribute 6% of the gross sales
price of each of the additional residential sites or residences created
by the incentive cluster to the Sparta Township Housing Trust Fund.
This 6% contribution shall be made for each residential site created
in addition to the one residential site per five acres. The Housing
Trust Fund contributions shall be paid prior to transfer of any deed
of conveyance and prior to the issuance of any building permit on
said additional lots. The Housing Trust Fund shall be contributed
to and utilized in accordance with the requirements of the Housing
Trust Fund. As an additional incentive to Affordable Housing Trust
Fund contributions and public open space dedication within a zone,
an applicant for a major subdivision may apply for approval from the
Planning Board of an incentive cluster subdivision even if it does
not yield any additional lots. However, if the applicant elects to
utilize the incentive cluster option but does not obtain one or more
additional incentive lot(s), then said applicant shall pay to the
Township Housing Trust Fund 6% of the gross sales price for one lot
and house in the first one to five lots and a 6% payment for one of
each of the five lots and houses beyond the first five lots. The total
contribution to the Housing Trust Fund shall be based on the value
of the land and the new structures.
3.
Required Standards for Incentive Cluster. The minimum residential
site size shall be one acre or 43,560 square feet without central
potable water, 35,000 square feet with central potable water.
(a)
Minimum Lot. Thirty-five thousand square feet.
(b)
Minimum Front Yard. Fifty feet.
(c)
Minimum Side Yard. Twenty feet for one side yard. The total
of two side yards shall not be less than 50 feet.
(d)
Minimum Rear Yard. Sixty feet.
(e)
Minimum Lot Frontage. One hundred feet.
(f)
Minimum Lot Width at Building Setback Line. One hundred thirty-five
feet.
(g)
Land Coverage. The maximum impervious coverage shall be 18% for lots up to two acres in size and 4% additional coverage for all lot area greater than two acres. Each cluster lot shall have a minimum of 8,000 square feet contiguous, unconstrained land in accordance with the standards set forth herein and in Subsection 18-5.6.
(h)
Maximum Stories/Height. The height of a principal structure
shall to exceed 2 1/2 stories and 38 feet in height as defined
in the chapter.
[Ord. No. 9-8-98 § III; Ord. No. 02-20 § 10; Ord. No. 04-04 §§ 6 —
8, 17; Ord. No. 07-08 § 7]
a.
Purpose. This zone is designed ultimately for detached single-family
residential use placed on large lots to protect the groundwater aquifer
which is located under the zone. The purpose of the zone is to provide
for an appropriate residential use at an appropriate density in a
residential zone. The purpose of this zone is also to protect the
environmental quality of the water in the groundwater under the property
and in the area of the property. The potential for groundwater contamination
by septic systems, groundwater recharge facilities, storm water discharge,
homeowner sources, and other activities are to be carefully considered
in the establishment of the density for this district.
e.
Required Conditions.
1.
Height. The height of the principal structure shall not exceed 2 1/2
stories and 38 feet in height as defined in the chapter.
2.
Front Yard. There shall be a front yard of not less than 150 feet.
3.
Side Yard. There shall be two side yards, each of which shall be
a minimum of 50 feet.
4.
Rear Yard. There shall be a rear yard of at least 100 feet.
5.
Minimum Lot Area. The minimum lot area for each lot shall be five
acres. However, the minimum lot area of the RC-1 Rural Conservation/Residential
Zone shall be applied to a subdivision application deemed complete
by the administrative officer prior to November 2, 1988, and coming
for review before the Planning Board during March, 1989, at the time
of the adoption of an ordinance amending the RC-2 zone standards and
zone district map. The RR minimum lot standards shall be applied for
purposes of a hearing and decision on such applications provided the
applications were actively pursued by the applicant and reached a
decision prior to October 1, 1989. Any such applications which were
approved pursuant to this subsection shall receive the benefits of
the effective preliminary approval as set forth in N.J.S.A. 40:55D-49,
but any new applications shall be subject to the RC-2 Rural Conservation
Residential standards.
6.
Land Coverage. The maximum land areas to be covered by all impervious
surfaces shall not exceed 5% of the total site area.
7.
Existing Lots Platted or Approved Prior to August 11, 1998 with Less
Than five Acres. Existing lots platted or approved prior to August
11, 1998 which are less than the five acre minimum lot size may be
used for a new single family residential structure or an expansion
of an existing residential structure in accordance with the standards
of the former RC-1 zone which are as follows:
(a)
Height. The height of the principal structure shall not exceed
2 1/2 stories and 38 feet in height as defined in the chapter.
(b)
Front Yard. There shall be a front yard of not less than 150
feet.
(c)
Side Yard. There shall be two side yards, each of which shall
be a minimum of 50 feet.
(d)
Rear Yard. There shall be a rear yard of at least 100 feet.
(e)
Minimum Lot Area. The minimum lot area for each lot shall be
the actual size of the pre-existing lot but not less than two acres.
(f)
Land Coverage. The maximum impervious coverage shall be 18% for lots up to two acres in size and 4% additional coverage for all lot area greater than two acres. Each cluster lot shall have a minimum of 8,000 square feet contiguous, unconstrained land in accordance with the standards set forth herein and in Subsection 18-5.6.
f.
Environmental Constraints Cluster Option. Land within this Rural Conservation Residential District may be subdivided in a cluster subdivision in accordance with the following requirements: the total number of lots within the subdivision shall be determined by dividing the total acreage by five acres per lot. This total number of lots may be then subdivided within the total tract in accordance with the following net residential site reduction standards provided that the balance of the tract is retained in perpetual open space by either a homeowners association in accordance with the standards set forth in Subsection 18-5.4, or dedicated to the Township of Sparta for open space, conservation, recreation and/or public school purposes consistent with the Master Plan. The net size of the residential sites may be reduced as follows and in accordance with the standards set forth in Subsection 18-5.6.
1.
Least Restricted. One unit per two acres.
2.
Moderately Restricted. One unit per three acres.
3.
Severely Restricted. One unit per five acres.
4.
Newly Created Lot or Subdivision Lot. Any newly created lot or subdivided
lot in a major or minor subdivision shall be at least five acres.
The five acre lot may be clustered, however, in accordance with this
subsection.
5.
Minimum Residential Site Size. Minimum residential site size within
any cluster development under this subsection shall be two acres of
least restricted land. Constraint calculations shall not be required
where the proposed residential site to be created is five acres or
more.
6.
Open Space or Public Dedication. No residential site shall be greater than five acres. All land not included in the net residential sites shall be dedicated to the public or preserved in open space pursuant to Subsection 18-5.4. If net residential sites are created which are less than five acres, the open space or public lands dedication for said clustered net residential site shall be equal to or greater than five acres minus the size of the net residential site.
7.
Contiguity of Open Space/Public Dedication. Not less than 40% of
the gross acreage of the tract shall be reserved for permanent common
open space. All open space areas and/or public dedication areas (open
space areas) shall be contiguous with the subdivision. All open space
areas shall have access from a public street and frontage of at least
100 feet on a public street. The open space shall abut at least 50%
of the side or rear of the net residential sites. At least 5% of the
open space land shall be least restricted and moderately restricted
land.
8.
The open space shall be planned and designed to provide for interconnection
to nearby or adjacent public land and planned or possible future open
space as per the Master Plan.
9.
Required Conditions. The following requirements shall be complied
with in the environmental constraints cluster option:
(a)
Height. The height of the principal structure shall not exceed
2 1/2 stories and 38 feet in height as defined in the chapter.
(b)
Front Yard. There shall be a front yard of not less than 75
feet.
(c)
Side Yard. There shall be two side yards, each of which shall
have a minimum of 30 feet.
(d)
Rear Yard. There shall be a rear yard of at least 75 feet.
(e)
Minimum Lot Area. The minimum lot area for determination of
total development density within any minor or major subdivision shall
be five acres for each lot.
(f)
Land Coverage. The maximum impervious coverage shall be 18%
for lots up to two acres in size and 4% additional coverage for all
lot area greater than two acres. For example, a sample calculation
for a three acre lot would be as follows:
(g)
Minimum Frontage. Minimum frontage at the right-of-way line
shall be 135 feet.
(h)
Minimum Width. Minimum width of the building line shall be 175
feet. Minimum frontage at the turn around at the end of a cul-de-sac
shall be 100 feet. The minimum width of the building line of a cul-de-sac
shall be 150 feet.
g.
Incentive Cluster Option. As an additional incentive to Affordable
Housing Trust Fund contributions and public open space dedication
within the zone, an applicant for a major subdivision may apply for
approval from the Planning Board of an incentive cluster subdivision.
The maximum number of lots within the incentive cluster subdivision
may be increased from the total acreage of the property divided by
five acres to add an additional 0.3 residential site for each five
acre portion of the tract, so that there are 1.3 residential sites
for every five acres of gross land area, provided that the applicant
meets the following requirements:
1.
Open Space Dedication. The open space of the cluster subdivision
shall include at least 15% of the lands which are not least restricted
and which are dedicated to the Township of Sparta for open space,
recreation, public use, or conservation purposes as determined appropriate
by the Township Council of the Township of Sparta.
2.
Housing Trust Fund and Developer's Agreement. As a condition of preliminary
subdivision approval and prior to commencing site work and/or prior
to final subdivision approval, the applicant shall enter into a developer's
agreement with the Township of Sparta. The developer's agreement shall
provide that the applicant shall contribute 6% of the gross sales
price of each of the additional residential sites or residences created
by the incentive cluster to the Sparta Township Housing Trust Fund.
This 6% contribution shall be made for each residential site created
in addition to the one residential site per five acres. The Housing
Trust Fund contributions shall be paid prior to transfer of any deed
of conveyance and prior to the issuance of any building permit on
said additional lots. The Housing Trust Fund shall be contributed
to and utilized in accordance with the requirements of the Housing
Trust Fund. As an additional incentive to Affordable Housing Trust
Fund contributions and public open space dedication within a zone,
an applicant for a major subdivision may apply for approval from the
Planning Board of an incentive cluster subdivision event if it does
not yield any additional lots. However, if the applicant elects to
utilize the incentive cluster option but does not obtain one or more
incentive lots, then said applicant shall pay to the Township 6% of
the gross sales price for one house and lot in the first one to five
lots and a 6% payment for one of each of the five lots and houses
beyond the first five lots. The total contribution to the Housing
Trust Fund shall be based on the value of the land and the new structures.
3.
Required Standards for Incentive Cluster. The minimum residential
site size shall be one acre or 43,560 square feet without central
potable water, 35,000 square feet with central potable water.
(a)
Minimum Lot. Thirty-five thousand square feet.
(b)
Minimum Front Yard. Fifty feet.
(c)
Minimum Side Yard. Twenty feet for one side yard. The total
of two side yards shall not be less than 50 feet.
(d)
Minimum Rear Yard. Sixty feet.
(e)
Minimum Lot Frontage. One hundred feet.
(f)
Minimum Lot Width at Building Setback Line. One hundred-thirty
feet.
(g)
Land Coverage. The maximum impervious coverage shall be 18% for lots up to two acres in size and 4% additional coverage for all lot area greater than two acres. Each cluster lot shall have a minimum of 8,000 square feet contiguous, unconstrained land in accordance with the standards set forth herein and in Subsection 18-5.6.
(h)
Maximum Stories/Height. The height of a principal structure
shall not exceed 2 1/2 stories and 38 feet in height as defined
in the chapter.
[Ord. No. 9-8-98 § IV; Ord. No. 02-20 § 11; Ord. No. 04-05 §§ 9-11,
18; Ord. No. 07-08 § 8]
a.
Purpose. This zone is designated for detached single-family residential
use on large lots to protect the aquifer which is located under the
zone. The following uses are also permitted where the criteria below
and other applicable sections of this Code are satisfied.
e.
Required Conditions.
1.
Height. The height of the principal structure shall not exceed 2 1/2
stories and 38 feet in height as defined in the chapter.
2.
Front Yard. There shall be a front yard of not less than 75 feet.
3.
Side Yard. There shall be two side yards, each of which shall be
a minimum of 50 feet.
4.
Rear Yard. There shall be a rear yard of at least 75 feet.
5.
Minimum Lot Area. The minimum lot area for each lot shall be five
acres.
6.
Land Coverage. The maximum land areas to be covered by all impervious
surfaces shall not exceed 5% of the total site area.
7.
Minimum Frontage at the Lot Right-of-Way. The Right-of-Way line shall
be 175 feet.
8.
Minimum Lot Width at the Building Line. The minimum lot width at
the building line shall be 200 feet.
9.
Minimum Frontage at the Turn Around. The minimum frontage at the
turn around and the end of a permanent cul-de-sac shall be 70 feet,
and the minimum width of the building line for a cul-de-sac lot shall
be 150 feet.
10.
Existing Lots Platted or Approved Prior to August 11, 1998 with Less
Than Five Acres. Existing lots platted or approved prior to August
11, 1998 which are less than the five acre minimum lot size may be
used for a new single family residential structure or an expansion
of an existing residential structure in accordance with the standards
of the former RC-2 zone which are as follows:
(a)
Height. The height of the principal structure shall not exceed
2 1/2 stories and 38 feet in height as defined in the chapter.
(b)
Front Yard. There shall be a front yard of not less than 150
feet.
(c)
Side Yard. There shall be two side yards, each of which shall
be a minimum of 50 feet.
(d)
Rear Yard. There shall be a rear yard of at least 100 feet.
(e)
Minimum Lot Area. The minimum lot area for each lot shall be
the actual size of the pre-existing lot but not less than two acres.
(f)
Land Coverage. The maximum impervious coverage shall be 18% for lots up to two acres in size and 4% additional coverage for all lot area greater than two acres. Each cluster lot shall have a minimum of 8,000 square feet contiguous, unconstrained land in accordance with the standards set forth herein and in Subsection 18-5.6.
f.
Environmental Constraints Cluster Option. Land within this Rural
Conservation Residential District may be subdivided in a cluster subdivision
in accordance with the following requirements: The total number of
lots within the subdivision shall be determined by dividing the total
acreage by five acres per lot.
This total number of lots may be then subdivided within the total tract in accordance with the following net residential site reduction standards provided that the balance of the tract is retained in perpetual open space by either a homeowners association in accordance with the standards set forth in Subsection 18-5.4, or dedicated to the Township of Sparta for open space, conservation, recreation and/or public school purposes consistent with the Master Plan. The net size of the residential sites may be reduced as follows and in accordance with the standards set forth in Subsection 18-5.6.
1.
Least Restricted. One unit per two acres.
2.
Moderately Restricted. One unit per three aces.
3.
Severely Restricted. One unit per five acres.
4.
Newly Created Lot or Subdivision Lot. Any newly created lot or subdivided
lot in a major or minor subdivision shall be at least five acres.
The five acre lot may be clustered, however, in accordance with this
subsection.
5.
Minimum Residential Site Size. Minimum residential site size within
any cluster development under this subsection shall be two acres of
least restricted land. Constraint calculations shall not be required
where the proposed residential site to be created is five acres or
more.
6.
Open Space or Public Dedication. No residential site shall be greater than five acres. All land not included in the net residential sites shall be dedicated to the public or preserved in open space pursuant to Subsection 18-5.4. If net residential sites are created which are less than five acres, the open space or public lands dedication for said clustered net residential site shall be equal to or greater than five acres minus the size of the net residential site.
7.
Contiguity of Open Space/Public Dedication. Not less than 40% of
the gross acreage of the tract shall be reserved for permanent common
open space. All open space areas and/or public dedication areas (open
space areas) shall be contiguous with the subdivision. All open space
areas shall have access from a public street and frontage of at least
100 feet on a public street. The open space shall abut at least 50%
of the side or rear of the net residential sites. At least 5% of the
open space land shall be least restricted and moderately restricted
land.
8.
The open space shall be planned and designed to provide for interconnection
to nearby or adjacent public land and planned or possible future open
space as per the Master Plan.
9.
Required Conditions. The following requirements shall be complied
with in the environmental constraints cluster option:
(a)
Height. The height of the principal structure shall not exceed
2 1/2 stories and 38 feet in height as defined in the chapter.
(b)
Front Yard. There shall be a front yard of not less than 75
feet.
(c)
Side Yard. There shall be two side yards, each of which shall
have a minimum of 30 feet.
(d)
Rear Yard. There shall be a rear yard of at least 75 feet.
(e)
Minimum Lot Area. The minimum lot area for determination of
total development density within any minor or major subdivision shall
be five acres for each lot.
(f)
Land Coverage. The maximum impervious coverage shall be 18%
for lots up to two acres in size and 4% additional coverage for all
lot area greater than two acres. For example, a sample calculation
for a three acre lot would be as follows:
(g)
Minimum Frontage. Minimum frontage at the right-of-way line
shall be 135 feet.
(h)
Minimum Width. Minimum width of the building line shall be 175
feet. Minimum frontage at the turnaround at the end of a cul-de-sac
shall be 100 feet. The minimum width of the building line of a cul-de-sac
lot shall be 150 feet.
g.
Incentive Cluster Option. As an additional incentive to Affordable
Housing Trust Fund contributions and public open space dedication
within the zone, an applicant for a major subdivision may apply for
approval from the Planning Board of an incentive cluster subdivision.
The maximum number of lots within the incentive cluster subdivision
may be increased from the total acreage of the property divided by
five acres to add an additional 0.3 residential site for each five
acre portion of the tract, so that there are 1.3 residential sites
for every five acres of gross land area, provided that the applicant
meets the following requirements:
1.
Open Space Dedication. The open space of the cluster subdivision
shall include at least 15% of the lands which are not least restricted
and which are dedicated to the Township of Sparta for open space,
recreation, public use, or conservation purposes as determined appropriate
by the Township Council of the Township of Sparta.
2.
Housing Trust Fund and Developer's Agreement. As a condition of preliminary
subdivision approval and prior to commencing site work and/or prior
to final subdivision approval, the applicant shall enter into a developer's
agreement with the Township of Sparta. The developer's agreement shall
provide that the applicant shall contribute 6% of the gross sales
price of each of the additional residential sites or residences created
by the incentive cluster to the Sparta Township Housing Trust Fund.
This 6% contribution shall be made for each residential site created
in addition to the one residential site per five acres. The Housing
Trust Fund contributions shall be paid prior to transfer of any deed
of conveyance and prior to the issuance of any building permit on
said additional lots. The Housing Trust Fund shall be contributed
to and utilized in accordance with the requirements of the Housing
Trust Fund established. As an additional incentive to Affordable Housing
Trust Fund contributions and public open space dedication within a
zone, an applicant for a major subdivision may apply for approval
from the Planning Board of an incentive cluster subdivision even if
it does not yield any additional lots. However, if the applicant elects
to utilize the incentive cluster option but does not obtain one or
more incentive lots, then said applicant shall pay to the Township
6% of the gross sales price for one house and lot in the first one
to five lots and a 6% payment for one of each of the five lots and
houses beyond the first five lots. The total contribution to the Housing
Trust Fund shall be based on the value of the land and the new structures.
3.
Required Standards for Incentive Cluster. The minimum residential
site size shall be one acre or 43,560 square feet without central
potable water, 35,000 square feet with central potable water.
(a)
Minimum Lot. Thirty-five thousand square feet.
(b)
Minimum Front Yard. Fifty feet.
(c)
Minimum Side Yard. Twenty feet for one side yard. The total
of two side yards shall not be less than 50 feet.
(d)
Minimum Rear Yard. Sixty feet.
(e)
Minimum Lot Frontage. One hundred feet.
(f)
Minimum Lot Width at Building Setback Line. One hundred thirty-five
feet.
(g)
Land Coverage. The maximum impervious coverage shall be 18% for lots up to two acres in size and 4% additional coverage for all lot area greater than two acres. Each cluster lot shall have a minimum of 8,000 square feet contiguous, unconstrained land in accordance with the standards set forth herein in Subsection 18-5.6.
(h)
Maximum Stories/Height. The height of a principal structure
shall not exceed 2 1/2 stories and 38 feet in height as defined
in the chapter.
a.
Purpose. To provide an appropriate mix of housing with emphasis on
least-cost construction in order to serve community and regional housing
needs for all age groups within close proximity to the center of town.
e.
Required Conditions.
1.
An appropriate mix of housing types incorporating both senior citizen
units and entry level units shall be provided in every multifamily
development proposal. At least 5% of the units provided shall be senior
citizen or entry level units in a multifamily development.
2.
Where senior citizen units are provided, said units shall be confined
to family units with at least one member over 55 and total number
not to exceed the State health occupancy regulations. If ownership
is passed through death to someone other than a senior citizen, that
person may not occupy said unit unless they are a surviving occupant.
3.
Height. The height of a principal structure shall not exceed 2 1/2
stories or 35 feet, whichever is the lesser.
4.
Front Yard. There shall be a front yard of at least 75 feet.
5.
Side Yard. No unit or building shall be constructed within 50 feet
of the property line in any development.
6.
Rear Yard. There shall be a rear yard of at least 75 feet.
7.
Minimum Size. Ten residential units or lots and five acres.
8.
Maximum lot and/or site coverage for all impervious materials equals
30%.
9.
Minimum Floor Area. Every dwelling erected shall have a minimum floor
area, excluding cellar and garage areas, of 550 square feet plus 100
square feet for each bedroom and 50 square feet additional living
area for each bedroom, as listed below:
|
Dwelling
|
Minimum Floor Area
|
|---|---|
|
Efficiency
|
550
|
|
1 bedroom
|
700
|
|
2 bedroom
|
850
|
|
3 bedroom
|
1,000
|
|
4 bedroom
|
1,150
|
|
5 bedroom
|
1,300
|
10.
Density. Within the multifamily district, multifamily attached dwelling
units will be permitted at a gross density not to exceed 3.5 units
per acre, and a net density not to exceed six units per acre.
[Ord. No. 01-14 § 4]
a.
Purpose. The purpose of the Multi-Family-1 Zone District is to provide
opportunities for alternate housing for all income levels in the Sparta
Town Center consistent with the Master Plan and the certification
granted by the Council on Affordable Housing.
c.
Accessory Uses. All uses customarily incidental to the above permitted
uses.
d.
Gross Density. Six dwelling units per acre of which 20% shall be
set aside for occupancy by low and moderate income household.
e.
Minimum Tract Area. Twenty acres.
f.
Minimum Tract Frontage. One hundred ten feet.
g.
Property Boundary Setback. Fifty feet from all property boundaries,
except that parking spaces, driveways, lighting and drainage structures
may be located within 10 feet of a commercial zone and 15 feet from
a residential zone. Exempted from these standards are emergency access
ways and the entrance road up to the first residential unit.
h.
Distance Between Buildings.
|
End to end
|
30 feet
|
|
Front to front
|
50 feet
|
|
Back to back
|
50 feet
|
|
Back to front
|
50 feet
|
i.
Building Height. Thirty-five feet (The definition of "height: set
forth in the BOCA Code shall govern).
j.
Impervious Coverage. 50%.
k.
RSIS. The New Jersey Residential Site Improvements Standards, pursuant
to N.J.A.C. 5:21-1, as amended from time to time, shall govern in
accordance with law.
l.
Architectural. The development and architectural character of the
Town Center residential developments shall be consistent with the
historic character in the Town Center as shown in the Master Plan.
m.
Conditional Uses. None.
n.
Common Open Space Ownership and Maintenance. The developer shall
provide for and establish an organization for the ownership and maintenance
of all common space pursuant to the New Jersey Department of Community
Affairs' rules and requirements.
o.
Bedroom Distribution. The bedroom distribution for low and moderate
units shall comply with the Administrative Regulations of the New
Jersey Council on Affordable Housing. The remaining market units shall
have no more than 50% of three bedroom units, with the remaining percentage
one or two bedroom units.
[Ord. No. 01-14 § 4]
a.
Purpose. The purpose of the Multi-Family-2 Zone District is to provide
opportunities for alternate housing for all income levels in the Sparta
Town Center consistent with the Master Plan and the certification
granted by the Council on Affordable Housing.
c.
Accessory Uses. All uses customarily incidental to the above permitted
uses.
d.
Gross Density. Five dwelling units per acre of which 20% shall be
set aside for occupancy by low and moderate income household.
e.
Minimum Tract Area. Three acres.
f.
Minimum Tract Frontage. One hundred ten feet.
g.
Property Boundary Setback. Fifty feet from all property boundaries,
except that parking spaces, driveways, lighting and drainage structures
may be located within 10 feet of a commercial zone and 15 feet from
a residential zone. Exempted from these standards are emergency access
ways and the entrance road up to the first residential unit.
h.
Distance Between Buildings.
|
End to end
|
30 feet
|
|
Front to front
|
50 feet
|
|
Back to back
|
50 feet
|
|
Back to front
|
50 feet
|
i.
Building Height. Thirty-five feet (The definition of "height" set
forth in the BOCA Code shall govern).
j.
Impervious Coverage. 50%.
k.
RSIS. The New Jersey Residential Site Improvements Standards, pursuant
to N.J.A.C. 5:21-1, as amended from time to time, shall govern in
accordance with law.
l.
Architectural. The development and architectural character of the
Town Center residential developments shall be consistent with the
historic character in the Town Center as shown in the Master Plan.
m.
Conditional Uses. None.
n.
Common Open Space Ownership and Maintenance. The developer shall
provide for and establish an organization for the ownership and maintenance
of all common space pursuant to the New Jersey Department of Community
Affairs' rules and requirements.
o.
Bedroom Distribution. The bedroom distribution for low and moderate
units shall comply with the Administrative Regulations of the New
Jersey Council on Affordable Housing. The remaining market units shall
have no more than 50% of three bedroom units, with the remaining percentage
one or two bedroom units.
[Ord. No. 01-14 § 4]
a.
Purpose. The purpose of this subsection is to establish alternate
housing opportunities consistent with the Sparta Town Center, COAH
Mediation Agreement and to implement the Housing Element/Fair Share
Plan approved and certified by the Council on Affordable Housing.
b.
Permitted Uses. The following uses shall be to permit independently,
but not a combination of:
1.
A planned senior residential housing development, not exceeding 140
units, that provides adequate provisions to meet the unique requirements
of senior citizens and the aging population. A planned environment
will nurture the comfort of "aging-in-place" amongst several levels
and types of senior housing, making available personal care elements
and convenience of services within an independent and dignified setting.
This planned residential development senior housing (Senior Project)
shall be a contiguous area of land controlled by a landowner, to be
developed as a comprehensively planned environment for a number of
dwelling units, principal and ancillary uses. The Senior Project shall
comply with the definitions, requirements and regulations, as amended
from time to time, by the New Jersey Department of Health and Senior
Services (NJDOHSS) or the New Jersey Department of Community Affairs
(NJDCA). Uses of an institutional or commercial nature ancillary to
the residential housing facilities in the Senior Project shall be
intended primarily, but not exclusively for use of the residents of
the planned development. The commercial spaces shall be harmonious
with the Senior Project and the neighborhood and shall be provided
to care and assist daily living activities and to provide other uses
and activities customarily and incidental to the residential development
for seniors "aging-in-place."
2.
A planned residential housing development of multifamily dwelling
units (Residential Project), not exceeding 54 units, in a planned
environment that shall be a contiguous parcel of land, with attached
or detached structures to be configured to permit development, together
with other accessory uses customarily and incidental to a multifamily
development.
3.
A planned residential housing development of multifamily dwelling
units, not exceeding 75 units, restricted by age where at least one
of the members of the residential unit is 55 years of age or older
(Age Restricted Project) in a planned environment that shall be a
contiguous parcel of land, with attached or detached structures to
be configured to permit development, together with other accessory
uses customary and incidental to a multifamily development.
c.
Permitted Structures. Any one of the following structures set forth
in either Subsections b1 or b2 or b3.
1.
Senior Residential Housing Development.
(a)
An Independent Living Facility (ILF) consisting of a housing
complex, multifamily, single family or a combination of uses thereof,
catering to senior citizens with minimal services; a Congregate Seniors'
Housing Facility (CSH) consisting of a multifamily complex catering
to senior citizens, with a common dining facility and sometimes with
limited support services such as housekeeping and transportation;
and an Assisted Living Facility (ALF) consisting of multifamily complex
including a central dining room designed with features and staff to
assist the frail elderly and daily activities. Support services shall
be available.
(b)
The age of occupants shall be restricted to: persons where at
least one member of the residential unit is at least 55 years of age,
with or without a spouse, and other members of such person's residential
unit; and surviving members of that residential unit in the event
of death of such resident who is at least 55 years of age, subject
to applicable local, State and Federal law.
(c)
These uses in the Senior Project may be combined in various
ways and may include skilled nursing facilities for those who require
medical, nursing or rehabilitative services on a continuous basis.
(d)
Accessory Uses.
(1)
Garages for the storage of grounds equipment, or ancillary transport
service vehicles available for use in delivering services to the PRD
residents.
(2)
Greenhouses, gardens, outdoor game area, gazebos, clubhouses
for the uses of the residents of single, or combined uses in PRD.
(3)
Medical and/or specially designed spaces inherent to the medical
and social service professionals to administer services on a transient
basis, as needed, or daily scheduled basis, i.e., physical therapies,
occupational therapies, clinical and therapeutic services, for access
by residents of complex. Overnight accommodations shall not be permitted
within these uses.
(4)
Fences, retaining walls, landscape structures, trellises, gazebos,
storm water management structure or related structures to maintain
resident and complex services.
(5)
Public utility substations.
(6)
Interior defined spaces/areas for worship, religious activities,
provisions for personal care services to residents, food preparation,
dining, laundry and linen, beauty/barber shops, the sale of convenience
products and sundries.
(7)
Individual commercial, retail and medical office spaces for
use specific to the PRD and its residents.
(8)
All other uses customarily associated with, and incidental to
the principal uses of ILF, CSH and ALF as determined by the Board.
2.
Residential Project. Multifamily residential housing, whether in
fee simple ownership or rental-based accommodations, attached or detached.
(a)
Accessory Uses. All customary and accessory uses incidental
to a multifamily residential complex as determined by the Board, including
but not limited to recreational facilities, fences, garages, satellite
dishes, antennas, carports and sheds.
3.
Age Restricted Project. Multifamily residential housing, whether
in fee simple ownership or rental-based accommodations, attached,
or detached.
(a)
Accessory Uses. All customary and accessory uses incidental
to a residential complex as determined by the Board, but not limited
to recreational facilities, fences, garages, satellite dishes, antennas,
carports and sheds.
d.
Phasing of Development. Any of the project uses and structures permitted under Subsection c may be developed and constructed in phases. As part of its development application, the applicant shall identify and describe the phases of development of the proposed project, including the number of units and structures proposed to be constructed in each phase and an estimated timetable for development of each phase. The Board's review and approval of the phasing element of the application shall be conducted in accordance with the standards for site plan review set forth in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., and as supplemented by the provisions of the Township Code of Sparta.
e.
Area and Bulk Requirements. The area and bulk requirements of the
permitted uses shall be as follows, except as otherwise modified herein,
for any of the permitted uses:
1.
Lot Size. Not less than 10 acres.
2.
Lot Width. A minimum lot width of 300 feet, measured anywhere on
the property, shall be required.
3.
Street Frontage. A minimum street frontage of 50 feet shall be required.
4.
Setbacks. Fifty feet from the property line.
5.
Maximum Gross Lot Coverage and Area Ratios.
6.
Total floor ratio (FAR) for all combined uses, principal or accessory,
may not exceed 0.35.
8.
Building Height. Maximum height shall not exceed 35 feet, or 2 1/2
stories, whichever is less, exclusive of HVAC, satellite dishes, antennas,
or other customary elements on the roof. Height shall mean the vertical
distance from the average ground elevation of the finished grade to
the top of a structure, or the highest point of the roof surface of
a building.
9.
Spacing Between Two or More Structures. The minimum distance between
any two structures containing a window or door opening to occupied
rooms shall be 40 feet, or 1/2 of the combined height of the facing
walls, whichever is greater, but in no case shall it be more than
80 feet. Where the facing walls contain no windows or doors other
than kitchen or bathroom windows, the minimum distance shall be 30
feet regardless of the height of the facing walls.
10.
Payments in Lieu of On Site Construction. Payments shall be made
in lieu of on site construction of affordable housing units in accordance
with the terms of the Township's substantive certification, including
any mediated agreements.
11.
Additional Requirements. Applicable to Residential Project only.
(a)
Parking. Residential Site Improvement Standards shall apply.
(b)
Dwelling Unit Size. The size of dwelling units, in all residential
structures erected under this permitted use, converted or altered,
with respect to floor area or number of dwelling limits, shall be
exclusive of steps, porches, walls, bays and utility room.
(c)
Bedroom Mix. No more than 5% of the units in the Project shall
have three bedrooms, no fewer than 10% of the units shall have one
bedroom or less, and the balance shall be two bedroom units. In the
event of a fraction, the number shall be rounded up. Examples: (1)
5% of 54 units equal 2.7; thus, 2.7 shall be rounded up to 3; (2)
10% of 54 equals 5.4; thus, 5.4 shall be rounded up to 6.
12.
Additional Requirements. Applicable to Senior Project only.
(a)
The age of occupants shall be restricted to: persons where at
least one member of the residential unit is at least 55 years of age,
with or without a spouse, and other members of such person's residential
unit; and surviving members of that residential unit in the event
of death of such resident who is at least 55 years of age, subject
to applicable local, State and Federal law.
(b)
Facility Services Criteria Guidelines for Components of the
Senior Project:
(1)
Assisted Living Residence. A facility which is licensed by the
Department of Health and Senior Services to provide apartment-style
housing and congregate dining and to assure that assisted living services
are available when needed by its residences. Residential living units
must include, at a minimum, an unfurnished room, a private bathroom,
a kitchenette inclusive of: (counter top/sink/microwave/small refrigerator),
and a door able to be locked at the unit entrance. The age of its
residents shall be restricted to 55 years of age and older, except
in the case of a younger spouse who cohabits with a resident, and
is younger than the restrictive age. Further exceptions may be allowed
in "need driven" cases, where, for example, a younger adult requires
the specific services provided in an assisted living residence and
meets other facility admissions criteria.
(2)
Assisted Living Services. A coordinated array of supportive
personal care services and health care services available 24 hours
per day to residents who have been assessed to need these services,
in order to promote resident self-direction and participation in decisions
that emphasize independence, individuality, privacy, dignity and home-like
surroundings.
(3)
Personal Care Services. Services supportive to residents' care
and comfort including assistance with activities of daily living.
(4)
Health Care Services. Any service provided to a resident of
an assisted living residence that is ordered by a physician and required
to be provided or delegated by a licensed, registered or certified
health care professional. Certified health care professional shall
not include a certified homemaker/home health aide or certified nurse
aide.
(5)
Social Services. Services provided to residents that address
their interactions in the social environment and which affect the
ability of people to accomplish their tasks, alleviate distress, and
realize their aspirations and values.
(6)
Elements of Facility Design Standards. The following minimum
design standards shall be permitted as part of the Senior Project:
(i)
Outdoor recreational facilities planned for residents;
(ii)
Indoor recreational facilities for activities;
(iii)
Designated rest/sitting areas;
(iv)
Congregate dining, and meal provisions as applicable
to regulatory requirements;
(v)
Health care facilities and services including,
but not limited to, security facilities, administrative offices, storage
facilities; any such administrative office shall be located entirely
within the principal uses(s) and shall be used to provide administrative
services for singular or combined uses;
(vi)
Gift shop/convenience shop with hygiene aids,
sundries and reading materials;
(vii)
Walking facilities which shall include landscaped
seating areas at its beginning, mid and end points; laundry facilities
or linen services for residents and living units;
(viii)
Physical therapy facilities;
(ix)
Planned social events and activities;
(x)
Area for worship provided;
(xi)
Indoor exercise area;
(xii)
Evergreen buffers provided around perimeter of
site, as determined by the Planning Board;
(xiii)
Parking requirements to follow standards published
by the American Seniors Housing Association (ASHA);
(xiv)
Facilities and grounds to be universally accessible
to all residents;
(xv)
Illuminated walking paths, parking areas, drives
and internal roadways.
(c)
The minimum size of a residential living unit, in all structures
erected, converted or altered, with respect to floor area or number
of dwelling limits, exclusive of steps, porches, walls, bays, or utility
rooms shall be as follows:
(1)
Three hundred square feet for each unit designated as a single
occupancy unit within any principal or accessory use;
(2)
Five hundred square feet for each unit designated as a double
occupancy unit within any principal or accessory use;
(3)
Adjoining units shall be limited to be configured into a maximum
of a two bedroom dwelling unit;
(4)
In case of a two bedroom configuration in a dwelling unit, occupancy
shall be limited to a maximum of four persons.
[Ord. No. 01-14 § 3; Ord. No. 09-12 § 1]
a.
Principal Permitted Use. This zone is limited to business uses of
a retail sales and service type. Only the following uses are permitted:
1.
Stores or shops for retail business or wholesale display entirely
within the confines of a building.
2.
Banks and offices for business, executive and professional purposes.
3.
Opera houses and theatrical and motion picture theaters, but not
including open air theaters.
4.
Hotels and motels.
5.
Restaurants, but not including drive-in restaurants.
6.
Public buildings and uses.
7.
Apartments over retail commercial and office establishments existing
or approved at the time of passage of this chapter.
8.
Bowling alleys and sports centers.
9.
Institutional uses and nonprofit clubs, lodges and fraternal organizations.
10.
Accessory uses customarily incident to the above permitted uses.
11.
Churches.
b.
Prohibited Uses. The following uses are specifically prohibited:
1.
Residential construction or conversion except apartments constructed
on the second floor as set forth in Subsection 18-4.20a7 and d.
2.
Any business conducted outside the confines of a building.
3.
Any industry, process of manufacture, fabrication, assembly, disassembly,
conversion or alteration. For the purpose of this subsection, any
business use shall be deemed to be an industry where it employs more
than five persons in the processing or manufacturing of a product
or uses more than a total of 25 horsepower machinery in the direct
processing or manufacturing operations, but is not intended that a
retail store or service establishment such as a hotel, department
store or bank be limited in the number of its employees or in the
horsepower used for heating, air conditioning and other similar nonprocessing
or manufacturing operations.
4.
Carousels, merry-go-rounds, miniature golf, outdoor theaters, pony
tracts or other similar commercial outdoor amusements.
5.
Junk yards, warehouses, storage buildings and coal or fuel yards.
c.
Required Conditions. The following requirements must be complied
with in the C-1 Zone:
1.
Height. The height of a principal structure shall not exceed 2 1/2
stories or 35 feet, whichever is the lesser.
2.
Front Yard. There shall be a front yard setback of not less than
25 feet, except that where existing buildings within 200 feet form
an average established setback, new buildings shall conform to such
established line.
3.
Side Yard. There shall be a minimum side yard of 10 feet.
4.
Rear Yard. There shall be a rear yard of at least 60 feet unobstructed
by buildings or other permanent structures. Off-street parking is
permitted within the rear yard, provided no parking area is closer
than five feet to any building nor 15 feet to any residential zone
boundary line.
5.
Impervious Coverage. The total impervious coverage of any site shall
not exceed 40% of the total site area.
7.
Site Plan Approval. Prior to the issuance of a building permit or a certificate of occupancy where no building permit is required, the Planning Board shall review a site plan according to Subsections 18-4.2c and 18-4.2d of the proposed use to ascertain that all the requirements of this section are complied with.
8.
Lot Area. There shall be a minimum lot area of 20,000 square feet
measured within 125 feet of the front street right-of-way line.
9.
Minimum Frontage. There shall be a minimum lot frontage of 60 feet.
d.
Conditional Uses. The following conditional uses may be permitted by the Planning Board acting in accordance with the provision of Subsection 18-4.7c of this chapter: public garages, automotive service stations, drive-in restaurants (with or without inside seating capacity), miniature golf courses, and any building containing a retail store or service establishment upon the first floor. With the exception of public garages and service stations, apartments may be constructed on the second floor in connection with a proposal for any of the aforesaid conditional uses.
1.
Outdoor dining conditioned on compliance with 18-4.7c, 19.
[Ord. No. 01-14 § 3]
a.
Purpose. This zone is designed to provide for community commercial
use with preservation of the historic value of the commercial zone.
The goal of the historic preservation of the district is intended
to accomplish the following:
1.
Accomplish the protection, enhancement and perpetuation of the Lake
Mohawk Plaza area, which has been designated as a historic landmark,
and other structures and resources within the central business district
which reflect the elements of the architectural history of the Township.
2.
To encourage the continued use of the existing buildings and to appropriate
reuses.
3.
To maintain the character of the neighborhood and architecturally
significant buildings.
4.
To manage change by preventing alteration or new construction not
in keeping with the zone.
5.
To discourage the unnecessary demolition of historic resources.
b.
Principal Permitted Use. The zone is limited to business uses of
a retail sale and service type. Only the following uses are permitted:
1.
Stores or shops for retail business or wholesale display entirely
within the confines of a building.
2.
Banks and offices for business, executive and professional purposes.
3.
Opera houses and theatrical and motion picture theaters, but not
including open air theaters.
4.
Hotels and motels.
5.
Restaurants, but not including drive-in restaurants.
6.
Public buildings and uses.
7.
Apartments over retail commercial and office establishments existing
or approved at the time of passage of this chapter.
8.
Institutional uses and nonprofit clubs, lodges and fraternal organizations.
9.
Accessory uses customarily incident to the above permitted uses.
10.
Churches.
c.
Required Conditions. The requirements of the C-1H Zone shall be the same as the C-1 Zone and the provisions of Subsection 18-4.2s, Historic Preservation. Notwithstanding any other provisions of the Comprehensive Land Management Code, preliminary and final site plan approval shall be required in the C-1H Zone prior to any change, alteration or conversion to the exterior of any existing structure or use within the zone including, but not limited to, any change, alteration or improvement of the exterior facade of any structure or use within the zone. In addition, notwithstanding any other provisions of the Comprehensive Land Management Code, preliminary and final site plan approval shall be required prior to the issuance of any building permit, construction code permit, zoning permit or certificate of occupancy within the C-1H Zone.
d.
Conditional Uses. The following conditional uses may be permitted by the Planning Board acting in accordance with the provisions of Subsection 18-4.7c of this chapter: public garages, automotive service stations, any building not containing public garages or service stations may be constructed so that on the second floor there may be apartment units.
[Ord. No. 01-14 § 3]
a.
Principal Permitted Use. This zone is designated for office buildings,
doctors, dentists, veterinarians, architects, engineers, attorneys,
or other like professionals, medical clinics, banking, insurance,
institutional and real estate offices, and governmental and such other
semi-commercial uses of similar character serving the direct public.
Only the following uses are permitted:
b.
Prohibited Uses. Any use other than those listed is prohibited.
c.
Required Conditions. The following requirements must be complied
within the C-2 Zone.
1.
Height. The height of a principal structure shall not exceed 2 1/2
stories or 35 feet, whichever is the lesser.
2.
Front Yard. There shall be a front yard setback of not less than
25 feet, except where existing buildings within 200 feet from an average
established line. Any corner lot shall meet the front yard setback
on the side street.
3.
Side Yard. There shall be two side yards which in combination shall not be less than 30 feet. Off-street parking as regulated in Subsection 18-5.3 is permitted in the side yard provided no parking area is closer than five feet to any building nor closer than 15 feet to any residential zone boundary line.
4.
Rear Yard. There shall be a rear yard of not less than 60 feet unobstructed by buildings or other permanent structures. Off-street parking as regulated in Subsection 18-5.3 is permitted in the rear yard, provided no parking area is closer than five feet to any building nor 15 feet to any residential zone boundary line.
5.
Impervious Coverage. The total impervious coverage of any site shall
not exceed 40% of the total site area.
7.
Site Plan Approval. Prior to the issuance of a building permit or a certificate of occupancy where no building permit is required, the Planning Board shall review a site plan of the proposed use to ascertain that all the requirements of this section are complied with. In addition, the Planning Board may require compliance with § 18-5 and such other requirements as the Board deems necessary for the general welfare of the public.
8.
Lot Area. There shall be a minimum lot area of 20,000 square feet
measured within 100 feet of the street right-of-way line.
d.
Accessory Uses. Off-street parking.
[Ord. No. 01-14 § 3]
a.
Purpose. This zone is designed to provide for an office and service
zone use with preservation of the historic value of the Mohawk Avenue/Route
181 area of the central business district. The goal of historic preservation
of the district is intended to accomplish the following:
1.
Accomplish the protection, enhancement and preservation of the Mohawk
Avenue/Route 181 corridor in the central business district and to
preserve the village environment constituted and exemplified by the
Junior High School, library, Ungermann Field facilities, professional
office buildings and existing residences in the district.
2.
To encourage the continued use of the existing buildings and to appropriate
reuse.
3.
To maintain the character of the neighborhood and architecturally
significant buildings.
4.
To manage change by preventing alteration or new construction not
in keeping with the zone.
5.
To discourage the unnecessary demolition of historic resources.
b.
Principal Permitted Use. The principal permitted uses in the C-2H
Zone shall be the same as in the C-2 Zone.
c.
Prohibited Uses. The prohibited uses in the C-2H Zone shall be the
same as in the C-2 Zone.
d.
Required Conditions. The required conditions in the C-2H Zone shall be the same as in the C-2 Zone and the provisions of Subsection 18-4.2s entitled Historic Preservation. Notwithstanding any other provisions of the Comprehensive Land Management Code, preliminary and final site plan approval shall be required in the C-2H Zone prior to any change, alteration or conversion to the exterior of any existing structure or use within the zone including, but not limited to, any change, alteration or improvement of the exterior facade of any structure or use within the zone. In addition, notwithstanding any other provisions of the Comprehensive Land Management Code, preliminary and final site plan approval shall be required prior to the issuance of any building permit, construction code permit, zoning permit or certificate of occupancy within the C-2H Zone.
[Ord. No. 1003 § 7; Ord. No. 01-14 § 3; Ord. No. 02-20 §§ 20, 21; Ord. No. 2016-21 § 3]
a.
Purpose. This zone provides for community commercial uses to complement
and enhance the existing retail and service use and historic character
in the Town Center area. The Master Plan establishes guidelines for
proper site plan development which is referenced as a part of this
subsection. The goals of community design and historic preservation
of the Town Center is intended to accomplish the following:
1.
To accomplish the protection, enhancement and perpetuation of the
Town Center area, which has been designated as a historic landmark,
and other structures and resources within the Town Center area which
reflect the elements of the architectural history of the Township.
To encourage construction and reconstruction with a residential appearance
in keeping with the goals of the Town Center and the Appendix to the
1993 Master Plan Amendment to the Interchange Master Plan.
2.
To encourage the continued use of the existing buildings and to appropriate
reuses.
3.
To maintain the character of the neighborhood and architecturally
significant buildings.
4.
To manage change by preventing alteration or new construction not
in keeping with the zone.
5.
To discourage the unnecessary demolition of historic resources.
6.
To maintain economic viability of the existing land uses.
7.
To improve access, circulation and parking.
8.
To maintain a stable and balanced community fiscal structure.
9.
To maintain and improve the traffic circulation by implementing the
Master Plan concepts and by limiting access to the Route 517 Bypass
properties to the proposed connector road, Main Street and Sparta
Avenue.
b.
Principal Permitted Uses. This zone is limited to business uses of
a retail sales and service type. Only the following uses are permitted:
1.
Stores or shops for retail business or wholesale display entirely
within the confines of a building.
2.
Banks and offices for business, executive and professional purposes.
3.
Opera houses and theatrical and motion picture theaters, but not
including open air theaters.
4.
Bed and breakfast establishments, access to all guest rooms shall be via hallways from a central area. See definition (Subsection 18-2.1).
5.
Restaurants, but not including drive-in restaurants.
6.
Public buildings and uses.
7.
Second floor apartments over retail commercial and office establishments
but not over service stations or public garage or dry cleaning establishments.
8.
Bowling alleys and sports centers.
9.
Institutional uses and nonprofit clubs, lodges and fraternal organizations.
10.
Houses of worship, churches and cemeteries.
11.
A
parking lot on property owned by a homeowners association with at
least 300 members. Nonmembers of the association may be charged a
user fee. Parking or a parking lot is otherwise prohibited as a principal
use in the TCC Zone. This amendment does not extend to parking on
public roadways and is limited to a parking lot.
[Added 11-12-2019 by Ord. No. 19-19]
c.
Permitted Accessory Uses. Parking, signs, essential services and
other accessory uses and customary incidental to the permitted uses.
d.
Prohibited Uses. The following uses are specifically prohibited:
1.
Residential construction or conversion except apartments constructed
on the second floor as set forth in Subsection 18-4.20a7 and d.
2.
Any business conducted outside the confines of a building unless
specifically permitted.
3.
Any industry, process of manufacture, fabrication, assembly, disassembly,
conversion or alteration. For the purpose of this section, any business
use shall be deemed to be an industry where it employs more than five
persons in the processing or manufacturing of a product or uses more
than a total of 25 horsepower machinery in the direct processing or
manufacturing operations, but is not intended that a retail store
or service establishment such as a hotel, department store or bank
be limited in the number of its employees or in the horsepower used
for heating, air conditioning and other similar nonprocessing or manufacturing
operations.
4.
Carousels, merry-go-rounds, miniature golf, outdoor theaters, pony
tracks or other similar commercial outdoor amusements.
5.
Junk yards, warehouses, storage buildings and coal or fuel yards.
6.
Gasoline Service Stations. However, gasoline service stations in existence on January 1, 1999 are hereby grandfathered and authorized to be expanded and/or rebuilt even if totally destroyed. However, any expansion or rebuilding shall be pursuant to the conditional use requirements set forth in Subsection 18-4.7c, entitled Conditional Automotive Service Stations and Public Garages.
7.
Any other uses not specifically permitted.
e.
Required Conditions. The following requirements must be complied
with in the TCC Zone:
1.
Height. The height of a principal structure shall not exceed 2 1/2
stories or 35 feet, whichever is the lesser.
2.
Front Yard. There shall be a front yard setback of not less than
25 feet, except that where existing buildings within 200 feet from
an average established setback, new buildings shall conform to such
established line.
3.
Side Yard. There shall be a minimum side yard of 10 feet. Off-street
parking is permitted in the side yard provided no parking area is
closer than five feet to any building and not closer than 15 feet
to any residential zone boundary line.
4.
Rear Yard. There shall be a rear yard of at least 60 feet unobstructed
by buildings or other permanent structures. Off-street parking is
permitted within the rear yard, provided no parking area is closer
than five feet to any building nor 15 feet to any residential zone
boundary line.
5.
Impervious Coverage. The total impervious coverage of any site shall
not exceed 40% of the total site area.
6.
Site Plan Approval. Prior to the issuance of a building permit or a certificate of occupancy where no building permit is required, the Planning Board shall review a site plan according to Subsections 18-4.2c and 18-4.2d of the proposed use to ascertain that all the requirements of this section are complied with.
7.
Lot Area. There shall be a minimum lot area of 10,000 square feet
measured within 125 feet of the front street right-of-way line.
8.
Minimum Frontage. There shall be a minimum lot frontage of 60 feet.
9.
Site Design-Spatial Requirements.
(a)
The organization of buildings, streets, drives, parking areas,
walks, service areas and other site components shall have a functional
relationship and be compatible with existing site features and adjacent
areas.
(b)
Alignment of Buildings. The alignment of the major access of
a building shall be related to the prevailing orientation of adjacent
buildings and street.
(c)
Compact groupings of buildings are required to achieve the density
and spatial relationship desired to establish a consistent development
character relating to the historic architecture.
(d)
Physical site elements such as accessory buildings, fences,
walls, tree grates and other plantings shall relate from one parcel
to another to provide overall visual continuity within the Town Center.
10.
Architectural Requirements.
(a)
Style. New construction or renovation shall be of similar architectural
style to the established theme, and compatible with the Town Center
Master Plan and the Appendix of the 1993 Amendment to the Interchange
Master Plan.
(b)
Materials, Texture and Color. Materials for new construction
shall be similar to the types of and textures of materials established
in the Town Center. Renovations, restoration and maintenance work
should match existing materials and textures.
(c)
Architectural Elements and Features. Architectural features,
including but not limited to, cornices, windows, doors and trim, prevailing
in the immediate area are important. It is not intended that the details
of historical buildings be duplicated precisely, but they shall be
regarded as a reference for new buildings or alterations. Details
and architectural elements shall reinforce established architectural
theme and shall be included in drawings submitted for review.
(d)
Continuity of Architecture and Site Details. The design continuity
and coordination of architecture and site details, especially walls,
fences, ornamental metal work, steps, walkways, planting beds and
landscaping is especially critical to the character of the Town Center.
(e)
Mechanical Equipment and Roof Projections. Any exterior mechanical
and electrical equipment, shall not be exposed to the public view.
Any deviations from the standard shall require architectural treatments
consistent with the historic character and approved by the Board.
(f)
Building Massing and Scale. (Nonresidential)
(1)
Large single rectangle block buildings greater than 25,000 square
feet, with undifferentiated facades, especially with curtain walls
or large areas of glass, are inappropriate. Where large structures
are required, massing shall be broken up through the use of gables,
indentations, variation in rooflines, arcades and other design techniques.
(2)
A human scale shall be achieved at ground level and along street
frontages and entryways through the use of windows, arcades, porches,
doors, columns, canopies and architectural details such as cornices,
window and door trim, transoms, etc.
(3)
Building facades shall be articulated with a base, a lower and
upper facade and capped with a cornice; and/or a roof element. All
visible facades of any proposed building must be treated with architectural
materials which shall consist of brick, finished masonry, stone, wood
or combination thereof, based on commonly accepted architectural details,
or other materials approved by the Planning Board.
(4)
Roofs. All buildings shall have pitched roofs, except where
technical considerations require a flat roof, a mansard roof treatment
shall be used to reflect the historic character of Main Street (hip,
mansard or gable) and material shall be architecturally compatible
with the rest of the building and should reflect the general pattern
along the street.
(5)
Individual commercial retail and office building shall be designed
to reflect the pedestrian scale of a traditional Town Center.
(6)
Each facade must be treated architecturally, not just the main
entrance facade. The entire front, sides and rear of the building
shall be coordinated in compatible colors and materials. Street facades,
in the public view, shall receive the greater architectural emphasis.
(7)
All buildings shall also be harmoniously related to the existing
and proposed road network, as well as to open spaces and other civic
spaces. Linkages to adjacent development including streets and pedestrian
ways, are required.
11.
Parking/Circulation.
(a)
Shade trees and parking aisles plantings shall be provided.
All islands shall contain shade trees. Open space areas shall contain
shade trees. All trees in parking areas impacting vehicular circulation
shall have all branches removed below eight feet to assure good sight
distance.
(b)
Interior parking lot islands should be designed so as to channel
traffic in accordance with the approved circulation design and to
provide site triangles at aisle intersection, reduce heat and glare
and soften the view of large areas of parking.
(c)
Shared access and cross easements to adjacent parking areas
shall be provided where feasible. Infill, redevelopment and conversions
of residential to nonresidential properties shall provide accessways
and parking lots in a manner so as to permit shared access areas and
parking areas between adjacent property.
12.
Signs and Graphics. Refer to Subsection 18-5.3m, (Signs), which is also applicable.
(a)
Internally lit box signs are prohibited in the R-4 and all Town
Center Zones.
(b)
The design of a sign shall be subservient to, and consistent
with, the building or use it serves. Signs shall be compatible with
the architecture and details of the building, and oriented to pedestrians.
(c)
The size of free standing signs in the Town Center zones may
be increased in proportion to the area of the building as set forth
below:
(d)
A business establishment may display one or more signs not exceeding
three relating to its business. The total area for all signs affixed
to the building face fronting on the street shall not exceed 5% of
the area of said face. No individual sign shall exceed 24 square feet.
The maximum height of any sign shall not exceed 10% of the wall height
or two feet, whichever is less. The maximum width of any sign shall
not exceed 50% of the width of the wall to which it is attached or
12 feet, whichever is less.
(e)
Where a building or buildings are developed together and require
several different signs, they should be similar in size, materials,
colors and lettering. The applicant shall submit to the Planning Board
for approval a comprehensive sign plan showing the size, configuration,
location, color, and letter style proposed for each sign.
(f)
For shops and stores, recommended signage is a graphically consistent
system of darker colored traditional style letters, routed or applied
to a neutral background over the store window area, hanging signs,
or a combination thereof. Letter size shall be subordinate to the
background. Sign lighting shall be indirect or external to the sign.
Internal box lit signs are prohibited. Lettering should not conflict
with the historical time period of building architecture.
(g)
No more than three colors for background, lettering and emphases
and no more than two type faces shall be permitted for any sign. Signs
should be constructed of natural materials.
(h)
Signs must be located at the places of business to which they
refer.
(i)
A sign shall not obscure, conflict with, or cover any architectural
detail (i.e. cornice), and must be aligned with major building elements,
such as windows, trim and structure lines.
13.
Streetscape. All properties with frontage on Main Street, Sparta
Avenue, Woodport Road and Mohawk Avenue shall provide streetscape
improvements consistent with the Town Center Master Plan including
but not limited to the following:
(a)
Street trees every 40 feet or as deemed appropriate by the Board
after review of the landscape plan.
(b)
Decorative street lighting, spacing as required.
(c)
Sidewalks.
(d)
Concrete paver/utility strip.
(e)
Benches.
(f)
Trash receptacles.
(g)
The connector road shall be required to place the streetscape
on the development side of the road. Appropriate connections to the
open space shall be provided as directly by the Planning Board.
14.
Landscape buffers shall be required along Route 517 for a distance
of 20 feet and parking areas along other roadways for a distance of
15 feet measured from the right-of-way line.
[Ord. No. 1003 § 7; Ord. No. 01-14 § 3; Ord. No. 02-20 § 12]
a.
Purpose. This zone provides for community commercial uses to complement
and enhance the existing office uses and historic character and natural
resources in the Town Center area. The Master Plan establishes guidelines
for proper site plan development which is referenced as a part of
this subsection. The goals of community design and historic preservation
of the Town Center is intended to accomplish the following:
1.
To accomplish the protection, enhancement and perpetuation of the
Town Center area, which has been designated as a historic landmark,
and other structures and resources within the Town Center which reflect
the elements of the architectural history of the Township. To encourage
construction and reconstruction with a residential appearance in keeping
with the goals of the Town Center and the Appendix to the 1993 Master
Plan Amendment to the Interchange Master Plan.
2.
To encourage the continued use of the existing buildings and to appropriate
reuses.
3.
To maintain the character of the neighborhood and architecturally
significant buildings.
4.
To manage change by preventing alteration or new construction not
in keeping with the zone.
5.
To discourage the unnecessary demolition of historic resources.
6.
To maintain economic viability of the existing land uses.
7.
To improve access, circulation and parking.
8.
To maintain a stable and balanced community fiscal structure.
9.
To maintain and improve traffic circulation by implementing the Master
Plan concepts and by limiting access to the Route 517 Bypass properties
to the proposed connector road, Main Street and Sparta Avenue.
b.
Principal Permitted Uses. This zone is limited to office and service
uses. Only the following uses are permitted:
c.
Permitted Accessory Uses. Parking, signs, essential services and
other accessory uses customary and incidental to the permitted uses.
d.
Prohibited Uses. The following uses are specifically prohibited:
1.
Residential construction or conversion except apartments constructed
on the second floor as set forth in Subsection 18-4.20a7 and d.
2.
Any business conducted outside the confines of a building unless
specifically permitted.
3.
Any industry, process of manufacture, fabrication, assembly, disassembly,
conversion or alteration. For the purpose of this section, any business
use shall be deemed to be an industry where it employs more than five
persons in the processing or manufacturing of a product or uses more
than a total of 25 horsepower manufacturing operations, but is not
intended that a retail store or service establishment such as a hotel,
department store or bank be limited in the number of its employees
or in the horsepower used for heating, air conditioning and other
similar nonprocessing or manufacturing operations.
4.
Carousels, merry-go-rounds, miniature golf, outdoor theaters, pony
tracks or other similar commercial outdoor amusements.
5.
Junk yards, warehouses, storage buildings and coal or fuel yards.
6.
Drive-in restaurants.
7.
Gasoline service stations.
8.
Any use not specifically permitted.
e.
Required Conditions. The following requirements must be complied
with in the TCCO Zone:
1.
Height. The height of a principal structure shall not exceed 2 1/2
stories or 35 feet, whichever is the lesser.
2.
Front Yard. There shall be a front yard setback of not less than
25 feet, except that where existing buildings within 200 feet from
an average established setback, new buildings shall conform to such
established line.
3.
Side Yard. There shall be a minimum combined side yards of 30 feet. Off-street parking as regulated in Subsection 18-5.3 is permitted in the side yard provided no parking area is closer than five feet to any building nor closer than 15 feet to any residential zone boundary line.
4.
Rear Yard. There shall be a rear yard of at least 60 feet unobstructed by buildings or other permanent structures. Off-street parking as regulated in Subsection 18-5.3 is permitted within the rear yard, provided no parking area is closer than five feet to any building nor 15 feet to any residential zone boundary line.
5.
Impervious Coverage. The total impervious coverage of any site shall
not exceed 40% of the total site area.
6.
Site Plan Approval. Prior to the issuance of a building permit or a certificate of occupancy where no building permit is required, the Planning Board shall review a site plan according to Subsections 18-4.2c and 18-4.2d of the proposed use to ascertain that all the requirements of this section are complied with. In addition, the Planning Board may require compliance with § 18-5 and such other requirements as the Board deems necessary for the general welfare of the public.
7.
Lot Area. There shall be a minimum lot area of 20,000 square feet
measured within 100 feet of the front street right-of-way line.
8.
Accessory Uses. Off-street parking.
9.
Town Center Zones Required Standards. Any development in the Town
Center Commercial Office Zone (TCCO) shall comply with the Town Center
Zones Required Standards set forth in Subsection 18-4.24e9 —
14.
[Ord. No. 1003 § 7; Ord. No. 01-14 § 13; Ord. No. 02-20 §§ 13, 22,
24]
a.
Purpose. This zone provides for community commercial uses to complement
and enhance the existing retail and service use and historic character
in the Town Center area. The Master Plan establishes guidelines for
proper site plan development which is referenced as a part of this
subsection. The goals of community design and historic preservation
of the Town Center is intended to accomplish the following:
1.
To accomplish the protection, enhancement and perpetuation of the
Town Center area, and other structures and resources within the Town
Center which reflect the elements of the architectural history of
the Township. To encourage construction and reconstruction with a
residential appearance in keeping with the goals of the Town Center
and the Appendix to the 1993 Master Plan Amendment to the Interchange
Master Plan.
2.
To encourage the continued use of the existing buildings and to appropriate
reuses.
3.
To maintain the character of the neighborhood and architecturally
significant buildings.
4.
To manage change by preventing alteration or new construction not
in keeping with the zone.
5.
To discourage the unnecessary demolition of historic resources.
6.
To maintain economic viability of the existing land uses.
7.
To improve access, circulation and parking.
8.
To maintain a stable and balanced community fiscal structure.
9.
To maintain and improve traffic circulation by implementing the Master
Plan concepts and by limiting access to the Route 517 Bypass properties
to the proposed connector road, Main Street and Sparta Avenue.
10.
To concentrate development in the appropriate buildable areas.
b.
Principal Permitted Uses. This zone is limited to the following business
uses of a retail sales and service type subject to an explicit requirement
that the site plan, architecture and signs shall be consistent with
the Town Center Plan. Only the following uses are permitted:
1.
Planned Town Center Limited Commercial Development with more than
one of the following uses:
(a)
Stores or shops for retail business or wholesale display entirely
within the confines of a building.
(b)
Banks and offices for business, executive and professional purposes.
(c)
Restaurants, including drive-in restaurants with architecture
and signs compatible with the historic character of Main Street.
(d)
Public buildings and uses.
(e)
Office establishments.
(f)
Institutional uses and nonprofit clubs, lodges and fraternal
organizations.
(g)
Second floor apartments over retail commercial and office uses,
but not over dry cleaning establishments.
2.
Limited Commercial Use. Platted tax lots of no more than 1.5 acres,
existing as of April 1998, may be used for the permitted uses in the
TCC Zone subject to the required conditions of the TCC Zone. Such
lots may continue to be used as a single family residential use.
c.
Permitted Accessory Uses. Parking, signs, essential services and
other accessory uses customary and incidental to the permitted uses.
d.
Prohibited Uses. The following uses are specifically prohibited:
1.
Any business conducted outside the confines of a building unless
specifically permitted.
2.
Any industry, process of manufacture, fabrication, assembly, disassembly,
conversion or alteration. For the purpose of this subsection, any
business use shall be deemed to be an industry where it employs more
than five persons in the processing or manufacturing of a product
or uses more than a total of 25 horsepower machinery in the direct
processing or manufacturing operations, but is not intended that a
retail store or service establishment such as a hotel, department
store or bank be limited in the number of its employees or in the
horsepower used for heating, air conditioning and other similar nonprocessing
or manufacturing operations.
3.
Carousels, merry-go-rounds, miniature golf, outdoor theaters, pony
tracks or other similar commercial outdoor amusements.
4.
Junk yards, warehouses, storage buildings and coal or fuel yards.
5.
Gasoline service stations.
6.
Any uses not specifically permitted.
e.
Required Standards for Planned TCLC Developments. Any site plan or
subdivision application in this zone shall include a preliminary site
plan for a planned development for the entire area of the lot or lots
owned or controlled by the applicant and located in the TCLC Zone.
Certain bulk standards are not included to permit flexibility in the
planned development. The following requirements must be complied with
in the TCLC Zone:
1.
Impervious Coverage. The total impervious coverage of any TCLC development shall not exceed 12.5%. The impervious coverage shall be located on the portion of the property north of the new collector road to be constructed between Main Street and the Route 517 bypass. The land south of the connector road shall be restricted open space organization requirements Subsection 18-5.4, Open Space and Recreation Element of the Master Plan and the M.L.U.L. except as provided in Subsection e2 below.
2.
Impervious Coverage Incentive for Public Dedication of Open Space.
The total impervious charge of a TCLC may be increased to a maximum
of 23% provided that the applicant dedicates all the land south of
the new connector road but not less than 17 acres of open space and
recreational uses to the Township and provided that the development
area shall be limited to the portion of the property north of the
collector road and approximately two acres located along Route 517
and the collector road south of the collection and north of the existing
tree row. The tree row shall be preserved by any such development.
3.
Acreage requirements. Ten acres.
4.
No direct access driveways shall be permitted along the Route 517
bypass. On the south side of the bypass, Lot 48, Block 19.03, the
development plan must include a collector street located between Main
Street and the bypass per the Master Plan.
5.
Height. The height of a principal structure shall not exceed 2 1/2
stories or 38 feet, whichever is the lesser. An exception would include
a house of worship steeples or clock towers which shall not exceed
50 feet.
6.
Maximum building size of a single building is 60,000 square feet.
7.
Town Center Zones Required Standards. Any development within the
Town Center Limited Commercial Zone (TCLC) shall comply with the Town
Center Zones Required Standards set forth in Subsection 18-4.24e9 —
14.
[Ord. No. 1003 § 7; Ord. No. 01-14 § 3; Ord. No. 02-20 §§ 14, 23; Ord. No. 05-03 § 3]
a.
Purpose. This zone provides for community commercial uses to complement
and enhance the existing retail and service use and historic character
in the Town Center area. The Master Plan establishes guidelines for
proper site plan development which is referenced as a part of this
subsection. The goals of community design and historic preservation
of the Town Center is intended to accomplish the following:
1.
To accomplish the protection, enhancement and perpetuation of the
Town Center area, which has been designated as a historic landmark,
and other structures and resources within the Town Center area which
reflect the elements of the architectural history of the Township.
To encourage construction and reconstruction with a residential appearance
in keeping with the goals of the Town Center and the Appendix to the
1993 Master Plan Amendment to the Interchange Master Plan.
2.
To encourage the continued use of the existing buildings and to appropriate
reuses.
3.
To maintain the character of the neighborhood and architecturally
significant buildings.
4.
To manage change by preventing alteration or new construction not
in keeping with the zone.
5.
To discourage the unnecessary demolition of historic resources.
6.
To maintain economic viability of the existing land uses.
7.
To improve access, circulation and parking.
8.
To maintain a stable and balanced community fiscal structure.
9.
To maintain and improve the traffic circulation by implementing the
Master Plan concepts and by limiting access to the Route 517 Bypass
properties to the proposed connector road, Main Street and Sparta
Avenue.
b.
Principal Permitted Uses. This zone is limited to business uses of
limited retail sales and service type. Only the following uses are
permitted:
1.
Banks and offices for business, executive and professional purposes.
2.
Pharmacy, clothing store, gift shop, antique shops and photography
studio and other similar lower intensity retail uses.
3.
Bed and breakfast establishments, access to all guest rooms shall be via hallways from a central area. See definition (Subsection 18-2.1).
4.
Restaurants, but not including drive-in restaurants.
5.
Public buildings and uses.
6.
Apartments over retail commercial and office establishments.
7.
Institutional uses and nonprofit clubs, lodges and fraternal organizations.
8.
Churches.
9.
Apartments. In any building containing a retail store or service
establishment upon the first floor. With the exception of public garages
and service stations, apartments may be constructed on the second
floor.
10.
Patio homes, duplexes and triplexes at a density of four dwelling
units per acre with a 15% mandatory set aside of affordable housing
meeting the requirements of the Housing Section.
c.
Permitted Accessory Uses. Parking, signs, essential services and
other accessory uses customary and incidental to the permitted uses.
d.
Prohibited Uses. The following uses are specifically prohibited:
1.
Any business conducted outside the confines of a building unless
specifically permitted.
2.
Any industry, process of manufacture, fabrication, assembly, disassembly,
conversion or alteration. For the purpose of this section, any business
use shall be deemed to be an industry where it employs more than five
persons in the processing or manufacturing of a product or uses more
than a total of 25 horsepower machinery in the direct processing or
manufacturing operations, but is not intended that a retail store
or service establishment such as a hotel, department store or bank
be limited in the number of its employees or in the horsepower used
for heating, air conditioning and other similar nonprocessing or manufacturing
operations.
3.
Carousels, merry-go-rounds, miniature golf, outdoor theaters, pony
tracks or other similar commercial outdoor amusements.
4.
Junk yards, warehouses, storage buildings and coal or fuel yards.
5.
Gasoline service stations. However, gasoline service stations in
existence on January 1, 1999 are hereby grandfathered and are authorized
to be expanded and/or rebuilt even if totally destroyed. However,
any expansion or rebuilding shall be pursuant to the conditional use
requirement set forth in Subsection 18-4.7c1 entitled Conditional
Automotive Service Stations and Public Garages.
6.
Intense retail uses convenience stores, fast food restaurants, dry
cleaners and other similar quick stop retail.
e.
Required Conditions. The following requirements must be complied
with in the TCLM Zone:
1.
Height. The height of a principal structure shall not exceed 2 1/2
stories or 35 feet.
2.
Front Yard. There shall be a front yard setback of not less than
25 feet, except that where existing buildings within 200 feet from
an average established setback, new buildings shall conform to such
established line.
3.
Side Yard. There shall be a minimum side yard of 10 feet.
4.
Rear Yard. There shall be a rear yard of at least 60 feet unobstructed
by buildings or other permanent structures. Off-street parking is
permitted within the rear yard, provided no parking area is closer
than five feet to any building nor 15 feet to any residential zone
boundary line.
5.
Impervious Coverage. The total impervious coverage of any site shall
not exceed 40% of the total site area.
6.
Site Plan Approval. Prior to the issuance of a building permit or a certificate of occupancy where no building permit is required, the Planning Board shall review a site plan according to Subsections 18-4.2c and 18-4.2d of the proposed use to ascertain that all the requirements of this subsection are complied with.
7.
Lot Area. There shall be a minimum lot area of 10,000 square feet
measured within 125 feet of the front street right-of-way line.
8.
Minimum Frontage. There shall be a minimum lot frontage of 60 feet.
9.
Town Center Zones Required Standards. Any development within the
Town Center Lower Main Zone (TCLM) shall comply with the Town Center
Zones Required Standards set forth in Subsection 18-21.24e9 —
14.
[Ord. No. 1003 § 7; Ord. No. 01-14 § 3; Ord. No. 02-20 §§ 15, 26; Ord. No. 05-03 § 2; Ord. No. 10-09]
a.
Purpose. This zone provides for a planned development of community
commercial uses and housing to compliment and enhance the existing
professional business or service use, historic character and natural
resources in the Town Center area. A planned development is required
and it shall include 25 affordable units. The Master Plan establishes
guidelines for proper site plan development which is referenced as
a part of this subsection. The goals of community design and historic
preservation of the Town Center is intended to accomplish the following:
1.
To accomplish the protection, enhancement and perpetuation of the
Town Center area, which has been designated as a historic landmark,
and other structures and resources within the Town Center which reflect
the elements of the architectural history of the Township. To encourage
construction and reconstruction with a residential appearance in keeping
with the goals of the Town Center and the Appendix to the 1993 Master
Plan Amendment to the Interchange Master Plan.
2.
To encourage the continued use of the existing buildings and to appropriate
reuses.
3.
To maintain the character of the neighborhood and architecturally
significant buildings.
4.
To manage change by preventing alteration or new construction not
in keeping with the zone.
5.
To discourage the unnecessary demolition of historic resources.
6.
To maintain economic viability of the existing land uses.
7.
To improve access, circulation and parking.
8.
To maintain a stable and balanced community fiscal structure.
9.
To maintain and improve traffic circulation by implementing the Master
Plan concepts and by limiting access to the Route 517 Bypass properties
to the proposed connector road, Main Street and Sparta Avenue.
10.
To concentrate development in the appropriate buildable areas.
b.
Principal Permitted Uses. This zone is limited to business uses of
a retail sales and service type. The following uses are permitted:
1.
Planned Town Center Professional Business Development is required: The planned development shall include the 25 units of affordable housing units required in Subsection 1(i) below and it may include any other uses in Subsections 1(a) to (j) below.
(a)
Inn/hotel with associated catering facilities, conference rooms,
and restaurant as accessory uses.
(b)
Banks and offices for business, executive and professional purposes.
(c)
Restaurants, but not including drive-ins.
(d)
Public buildings and uses.
(e)
Emergency care facility.
(f)
Health and indoor athletic facilities.
(g)
Institutional uses and nonprofit clubs, lodges and fraternal
organizations.
(h)
Churches.
(i)
Second and third story multifamily units over retail, commercial,
hotel, and office uses, but not over dry cleaning establishments.
Townhouses, patio homes and condominium units are also permitted in
conjunction with a Town Center Professional Business Planned Development.
The planned development shall include up to 100 units of which at
least 25 units shall be affordable family units. Of the 25 affordable
units, at least 11 shall be three-bedroom affordable units (of which
at least one unit shall be affordable to very-low-income households
and at least five additional units to low-income households) and the
remaining units shall be two-bedroom affordable units (of which at
least two units shall be affordable to very-low-income households
and at least five additional units to low-income households); no one-bedroom
affordable units shall be included. As an incentive for this affordable
housing requirement, there is no net density applicable to these 100
units, and the impervious coverage has been increase.
(j)
Specialty retail (defined as shops that cater to a specific
market, which are linked by architectural, historical or a geographic
theme and by commonality of goods. The specialty retail center consist
of smaller shops of 2,000 to 10,000 square feet of floor area).
2.
Town Center Professional Business Uses. Platted tax lots of no more
than 2.5 acres, existing as of April 1998 are subject to the required
standards of the TCC Zone. Such lots may continue to be used as a
single-family residential use.
c.
Permitted Accessory Uses. Parking, signs, essential services, open
spaces and recreational uses and other accessory uses customary and
incidental to the permitted uses.
d.
Prohibited Uses. The following uses are specifically prohibited:
1.
Any business conducted outside the confines of a building unless
specifically permitted.
2.
Any industry, process of manufacture, fabrication, assembly, disassembly,
conversion or alteration. For the purpose of this subsection, any
business use shall be deemed to be an industry where it employs more
than five persons in the processing or manufacturing of a product
or uses more than a total of 25 horsepower machinery in the direct
processing or manufacturing operations, but is not intended that a
retail store or service establishment such as a hotel, department
store or bank be limited in the number of its employees or in the
horsepower used for heating, air conditioning and other similar nonprocessing
or manufacturing operations.
3.
Carousels, merry-go-rounds, miniature golf, outdoor theaters, pony
tracks or other similar commercial outdoor amusements.
4.
Junk yards, warehouses, storage buildings and coal or fuel yards.
5.
Drive-in restaurants.
6.
Gasoline service stations.
7.
Any uses not specifically permitted.
e.
Required Standards for Planned Developments in the TCPB Zone. Any
site plan or subdivision in the zone shall include a preliminary site
plan for a planned development for the entire area of the lot or lots
owned or controlled by the applicant and located in the TCPB Zone.
Certain bulk standards are not included to permit flexibility in the
planned development. The following requirements must be complied with
in the TCPB Zone:
1.
Impervious Coverage. The total impervious coverage of any TCPB shall not exceed 6%. The impervious coverage shall be located on the portion of the property along the 517 Bypass in the buildable land as indicated in the Town Center Master Plan. At least 60 acres of the remaining land west of the 517 Bypass shall be restricted open space and recreation in accordance with the open space organization requirements Subsection 18-5.4, Open Space and Recreation Element of the Master Plan and the Municipal Land Use Law, except as provided in Subsection e2 below.
2.
Impervious Coverage Incentive for Public Dedication of Open Space.
The total impervious coverage for commercial, assisted living and
permitted uses of a TCPB may be increased to a maximum of 9% provided
that the applicant dedicates at least 60 acres of the remaining land
west of the 517 Bypass to the Township and provided that the major
development area is limited to the portion of the property along the
Route 517 Bypass to the Township and provided that the major development
area is limited to the portion of the property along the Route 517
Bypass in the buildable land as indicated on the Town Center Master
Plan.
3.
Acreage Requirements. Ten acres.
4.
No direct access driveways shall be permitted along the Route 517
Bypass. On the north side of the bypass, Lot 48, Block 19.02, the
development plan must include an internal circulation plan consistent
with the Master Plan.
5.
Height. The height of a principal structure shall not exceed three
stories or 38 feet. An exception would be a house of worship steeple
or clock towers which shall not exceed 50 feet.
6.
Town Center Zones Required Standards. Any development within the
Town Center Professional Business Zone (TCPB) shall comply with the
Town Center Zones required standards set forth in Subsection 18-4.24e9 —
14.
7.
Findings for Planned Developments. As part of the approval of a planned
development, the applicant shall demonstrate and the Board shall find
the following facts and conclusions:
(a)
That departures by the proposed development from zoning regulations
otherwise applicable to the subject property conform to the zoning
ordinance standards pursuant to N.J.S.A. 40:55D-65;
(b)
That the proposals for maintenance and conservation of the common
open space are reliable, and the amount, location and purpose of the
common open space are adequate;
(c)
The provision through the physical design of the proposed development
for public services, control over vehicular and pedestrian traffic,
and the amenities of light and air, recreation and visual enjoyment
are adequate;
(d)
That the proposed planned development will not have an unreasonably
adverse impact upon the area in which it is proposed to be established;
(e)
In the case of a proposed development which contemplates construction
over a period of years, that the terms and conditions intended to
protect the interests of the public and of the residents, occupants
and owners of the proposed development in the total completion of
the development are adequate.
f.
Conditional Uses. The following conditional uses may be permitted
by the Planning Board acting in accordance with the provisions:
1.
Outdoor dining accessory to and associated with a restaurant pursuant
to Subsection 18-4.7c19.
2.
Senior age restricted housing in congregate care facilities, assisted
living facilities and/or residential care facilities pursuant to Subsection
18-4.7c20 but only as part of an overall planned TCPB development.
[Ord. No. 1003 § 7; Ord. No. 01-14 § 3; Ord. No. 02-20 § 25; Ord. No. 05-03 § 2; amended 3-27-2020 by Ord. No. 2020-05; 2-23-2021 by Ord. No. 2021-01]
a.
Purpose. The purpose of the Economic Development District shall be
to allow for the location of office, research and industrial uses
in a campus-like setting with good access to Route 15 and the railroad
and properly buffered from residential uses.
b.
Principal Permitted Uses. The erection, construction, alteration
or use of buildings or premises for the following uses to be conducted
wholly within a completely enclosed building or in a court enclosed
on all sides by a suitable screening structure, except for on-site
parking and loading incidental thereto, and public utility facilities
not normally enclosed within a building.
1.
Scientific research and development laboratories.
2.
Office buildings for business, professional, executive and administrative
purposes.
3.
Storage buildings, warehouses and wholesale distribution centers.
4.
Agricultural uses on a lot of five acres or more.
5.
Processes of manufacture, fabrication, assembly treatment or packaging
conversion of products.
6.
Indoor recreational uses including gymnastics, basketball, soccer,
health clubs and other similar uses.
7.
Transshipment facilities for the transfer of goods between rail and
trucks.
d.
Accessory Uses.
1.
Those uses customarily incident to the above uses (i.e., storage
buildings, parking lots, stormwater management facilities, sanitary
wastewater treatment facilities etc.) landscaping and lighting.
2.
Parking for fleet vehicles.
3.
Rail service to support permitted uses.
4.
Farm stands and sale of agricultural products on a lot not less than
five acres.
5.
Solar energy, battery storage and fuel cells.
6.
Electric vehicle charging stations.
e.
Prohibited Uses. Any use not specifically permitted is prohibited.
In addition, the following uses are specifically prohibited in the
ED zone:
1.
Gasoline service stations, automotive repair facilities, garages
and car washes.
2.
Any uses which directly or indirectly utilize materials listed in
N.J.A.C. 7:1E-Appendix A including petroleum products that are regulated
but do not appear in Appendix A shall be expressly prohibited. The
Planning Board may give approval of a process or material discouraged
in this zone by a majority vote of the full membership of the Board
after a review by the Environmental Commission and public notification
shall conform to the requirements of variance notification. Use of
de minimis quantities of hazardous materials shall be allowed subject
to explicit conditions and confirmation by the applicant that there
shall be no outside storage or disposal of hazardous materials and
no discharge of hazardous materials into the sanitary wastewater system
or septic system or onto the land."
f.
Required Conditions for Industrial Development. The following lot
area and building height regulations shall apply:
1.
(a)
Minimum Lot Area. A minimum lot area of 80,000 square feet is
required.
(b)
Maximum Building Height. No structure shall exceed 2-1/2 stories
or 35 feet in height except that rail dependent structures that use
the railroad and are located adjacent to the railroad or a rail siding
shall have an exception to allow a height up to 2-1/2 stories and
up to 56 feet in height. This height exception of up to 56 feet shall
be limited to buildings located within 500 feet of the railroad or
rail siding.
2.
Front Yard. There shall be a front yard of not less than 100 feet.
Off-street parking areas as required shall be permitted in the front
yard, provided said area is at no point closer than 50 feet to any
adjoining street right-of-way line and 50 feet from residential zone
boundary line or any closer than 10 feet from the side of a building.
Parking areas shall be limited to a maximum of 25% at the front yard
area.
3.
Side Yard. There shall be two side yards, each of which shall be
no less than 30 feet. Parking as required may be permitted in the
side yards, provided no parking area is closer than 10 feet to any
building or 25 feet to any residential zone boundary line or street
right-of-way.
4.
Rear Yard. There shall be a rear yard of at least 50 feet. No building
shall be closer than 100 feet from any residential zone. The rear
yard may be used for off-street parking provided no parking area shall
be nearer than 10 feet to any building or 25 feet to any residential
zone boundary line or street right-of-way.
5.
Landscaping. Landscaping shall conform to the requirements of Subsection 18-5.3o of the design standards.
6.
Minimum Lot Width. The minimum lot width shall be 200 feet when measured
at the building setback line.
7.
Lot Area Ratio. Principal and accessory buildings shall not occupy
more than 25% of the lot area. Storage and parking areas shall not
occupy more than 25% of the lot area. However, rail dependent uses
that use the railroad and are located adjacent to the railroad or
rail siding may have a principal and accessory building coverage of
up to 45% and a storage and parking area coverage of up to 45% of
the lot area.
8.
Impervious Coverage. The total impervious coverage of any one lot
shall not exceed 40% of the total lot area. However, rail dependent
uses that use the railroad and are adjacent to the railroad or rail
siding may have a total impervious coverage of up to 65% of the total
lot area.
9.
New industrial subdivisions fronting on White Lake road as of July
1, 2002 shall maintain 125-foot front yard setback for structures
and parking from White Lake Road, which shall be properly landscaped
with earth berms, trees, shrubs as approved by the Board. Vehicular
access shall be from an internal roadway network.
10.
Rail sidings and related loading structures and equipment proposed
within the ED Zone District adjacent to the existing railroad lines
in Germany Flats shall be allowed to cross and protrude into the setback
area for purposes of reasonably accessing the rail service. Such areas
shall be located, however, at least 500 feet from any existing residential
property lines.
g.
Vehicular Movement and Parking. Control of vehicular movement and
parking shall be provided according to the following standards:
1.
On-site accessways, driveways, parking and loading facilities shall
be paved with all-weather dust-free surfaces or as approved by the
Planning Board.
2.
Proper sight lines shall be maintained at all intersections of public
streets. Measured along the centerline, there shall be a clear sight
triangle of 100 feet from the point of intersection measured along
each intersecting centerline in which no vegetation or other major
visual obstruction shall be permitted in the line of sight between
streets above the height of three feet above the grade of the intersecting
streets. Accessways may not be located within 100 feet of an intersection
and shall enter a public street at no less than 90° plus or minus
10° acute angle to the public street centerline.
3.
For private accessways, a clear sight triangle measurement of 50
feet along the intersecting center lines shall be maintained as required
above. Each accessway shall not be more than 35 feet in width measured
at right angles to the centerline of the access way, except as increased
by necessary curb return radii. Accessways may not be located within
100 feet of an intersection, and shall enter a public street at no
less than 90°, plus or minus 10° acute angle to the public
street centerline.
4.
For any rail dependent use that uses the railroad and is adjacent
to the railroad or a rail siding, any off street parking with greater
than 120 but less than 250 parking spaces may have one means of ingress
and egress provided that it has at least one full turnaround to provide
full clearance to a fire truck at or near the most remote point of
the parking area.
5.
Except where in conflict with the four subsections above in which case these subsections shall control, the standards of Subsection 18-5.3h shall apply.
6.
Where a proposed use requires significant material handling a suitable
loading dock shall be constructed and such loading areas should be
constructed and such loading areas shall be screened from view from
a public right-of-way.
h.
Prior to the issuance of a certificate of occupancy (C.O.), each
new tenant or change in tenancy in the Economic Development Zone shall
be required to receive tenant approval from the Planning Board to
ensure compliance with the provisions of this section.
[Ord. No. 1003 § 7; Ord. No. 01-14 § 3]
a.
Purpose. This zone is designed to provide for economic development
uses as well as multifamily residential uses in a planned development
to meet the needs of new and indigenous low and moderate income housing
within the Township.
b.
Principal Permitted Uses. The erection, construction, alteration
or use of buildings or premises for the following uses to be conducted
wholly within a completely enclosed building or in a court enclosed
on all sides by a suitable screening structure, except for on-site
parking and loading incidental thereto, and public utility facilities
not normally enclosed within a building.
1.
Scientific research and development laboratories.
2.
Office buildings for business, professional, executive and administrative
purposes.
3.
Agricultural uses on a lot of five acres or more.
4.
Multifamily residential uses intended to conform to Council on Affordable Housing Standards and in accordance with the terms and conditions of Subsection 18-4.2q, Affordable Housing Provisions of this chapter and developer's agreement with the Township Council.
5.
Day care centers and facilities serving, at least partially, the
needs of the other uses within the ED-1 Zone.
6.
Medical centers and/or outpatient care facilities or laboratories.
c.
Conditional Uses. (See regulations for conditional uses.)
1.
Public utilities.
2.
Schools and institutions.
4.
Eating facilities such as restaurants, delicatessens, and sandwich and coffee shops which serve, at least in part, the other principal permitted uses in the ED-1 Zone subject to the conditions set forth in Subsection 18-4.7.
6.
Hotels, motels and conference centers.
d.
Accessory Uses. The accessory uses within the ED-1 Zone shall be
the same as in the ED Zone.
e.
Specifically Discouraged Uses. The specifically discouraged uses
within the ED-1 Zone shall be the same as in the ED Zone.
f.
Required Conditions for Industrial or Planned Development. The required
conditions for industrial or planned development within the ED-1 Zone
shall be as follows:
2.
Front Yard. There shall be a front yard of not less than 100 feet
from a public road or 35 feet from a private access road or lane.
Off-street parking areas as required shall be permitted in the front
yard, provided said area is at no point closer than 50 feet to any
adjoining street right-of-way line or any closer than 10 feet from
the side of a building. Parking areas shall be limited to a maximum
of 25% at the front yard area.
3.
Side Yard. No side yard requirements shall apply to economic development
uses within the zone. Multifamily uses developed for low/moderate
income housing shall conform to minimum side yard standards of the
MF Zone. Parking as required may be permitted in the side yards, provided
no parking area is closer than 10 feet to any building or 25 feet
to any residential zone boundary line or street right-of-way.
4.
Rear Yard. There shall be a rear yard of at least 50 feet. The rear
yard may be used for off-street parking provided no parking area shall
be nearer than 10 feet to any building or 25 feet to any residential
zone boundary line or street right-of-way.
5.
Landscaping. Landscaping shall conform to the requirement of Subsection 18-5.3o of the design standards.
6.
Minimum Lot Width. No minimum lot width is required.
7.
Floor Area Ratio. Floor area of principal and accessory buildings
shall not occupy more than 30% of the lot area.
g.
Vehicular Movement and Parking. The control of vehicular movement
and parking shall conform to the standards of the ED Zone.
h.
Bulk Area and Site Design Regulations for Low/Moderate Income Housing.
1.
The low/moderate income housing shall conform to the general provisions of this chapter, Subsection 18-4.2q. Affordable Housing Provisions and the following bulk area and site design regulations.
(a)
A total of 48 multifamily units shall be constructed within
the ED-1 Zone of which 35% shall be low/moderate income housing units.
Market value units are considered to be offset by reduced standards
for economic development within the ED-1 Zone.
(b)
Minimum tract area. Twenty acres.
(c)
Minimum tract frontage. One hundred feet.
(d)
Minimum front and rear yard for primary structures. Thirty feet.
(e)
Minimum distance between primary structures. Thirty feet.
(f)
Maximum structure length. One hundred forty feet.
(g)
Maximum number of units per structure. Six units.
(h)
Setback facade requirements. For every two units, the setback
difference shall be no less than four feet. The appearance of the
fronts shall vary by varying the dwelling widths and changing the
roof line.
(i)
Maximum building coverage. 20%.
(j)
Maximum building height. Twenty-five feet.
(k)
Landscaping and Recreation. At least 50% of the parcel area
shall consist of landscaped open space. At least 10% of the parcel
area which can be included as part of the foregoing 50% shall be developed
for active or passive recreation use of the residents of the development
to include such facilities as play areas, sitting areas, tennis courts,
and swimming pools.
(l)
Buffer Strips. There shall be a buffer strip on all parcel lines,
excepting public street lines, adjoining another zone at least 30
feet in width. Such buffer shall be increased to 50 feet in width
in those instances where the parcel line abuts an existing single-family
use or a residential zone of a lesser density. The buffer, if wooded,
shall remain in the natural state, or if not substantially wooded,
shall be landscaped with a visual screen, at least four feet in height
at the time of planting. The planting shall be in double alternate
rows in a strip at least 12 feet wide.
(m)
Access Drives or Roadways. Access drives shall be at least 24
feet wide, curbed with concrete or Belgian block and at least 20 feet
from any principal use structure. All other roadways shall be built
to Township specifications.
(n)
Lighting. Noncorrosive ornamental lighting shall be provided
and shielded to direct illumination downward for walks, steps, and
parking areas and roadways to insure safe and convenient nighttime
use.
(o)
Access for Emergency Vehicles. At least two avenues of access
shall be provided for each parcel; the parcel shall be so designed
that all emergency vehicles have access to each multifamily unit.
(p)
Utilities. Water and sewer service shall be provided in compliance
with the rules and regulations of the water and sewer department and
existing codes. All utilities and their service lines, including but
not limited to, water, sewer, gas, electric, telephone and TV cable,
shall be installed underground in accordance with the specifications
of the appropriate utilities. Whenever a utility is not installed
in a public right-of-way, an appropriate utility easement shall be
provided.
(q)
Individual Controls. Each unit shall be provided with individual
heat controls.
(r)
Other Requirements. Other reasonable standards and conditions
not inconsistent with the intent of this section may be imposed by
the Planning Board at the time of review of the plans which shall
be approved prior to the issuance of a building permit.
(s)
Common Open Space Ownership and Maintenance. The applicant shall
provide for and establish an organization for the ownership and maintenance
of all common open space.
[Ord. No. 9/9/98 § 1]
In accordance with the Municipal Land Use Law, the Planned Commercial
Development Zone is intended to permit the construction of permitted
uses provided that any preliminary and final site plan within the
zone and any use of the property shall comply with the standards set
forth in this subsection.
a.
Purpose. The purpose of the Route 15 Planned Commercial Development
(PCD) area is to permit development of large tracts of land along
Route 15 in a planned setting. A planned development will prevent
an adverse impact on the community and enhance the existing light
industrial uses, and permit the free flow of traffic on Route 15 to
meet the State Access Management Code.
The intent of the Master Plan and Zoning Ordinance is to reinforce
the concept of a strong central Town Center in Sparta which is consistent
with the New Jersey State Development and Redevelopment Plan. The
Planned Commercial Development area is intended to complement, not
detract from, the commercial viability of the Town Center area.
b.
Permitted Uses. The following uses are permitted principal uses in
the PCD Zone.
1.
Office building for business, professional, executive and administrative
offices.
2.
Banks and banking offices.
3.
Commercial buildings for single users limited to sales and showroom
facilities for hardware, furniture, floor coverings and carpeting,
bath and tile stores, lighting fixture and business supply stores;
accessory indoor inventory storage shall be permitted.
4.
Restaurants where all food sold on premises is served and consumed
at tables within the restaurant.
5.
Indoor theaters, indoor cinemas and indoor recreation centers.
6.
Hotels, motor inns and conference centers which may include health
clubs and spas; catering facilities and restaurants open to the public
but ancillary to the principal permitted use; access to all guest
rooms shall be via hallways from a main lobby.
7.
Agricultural uses on five acres or more.
e.
Accessory Uses. Those uses customarily incident to the above.
f.
Specifically Discouraged Uses. Any use which directly or indirectly
utilizes materials listed in N.J.A.C. 7:27-6.12-14.
g.
Required Standards. All planned commercial developments shall meet
the following minimum standards:
1.
The planned commercial development shall have a minimum of at least
20 acres with at least 200 feet of frontage on New Jersey State Highway
Route 15 and/or access to an access road connecting the property to
White Lake Road or Commerce Park Drive without the necessity of a
driveway to Route 15. There shall be only one new roadway from any
planned commercial development to Route 15 for either ingress or egress,
and there shall be no driveways for ingress and egress to or from
Route 15. All driveways shall be from the one new roadway, not from
Route 15.
2.
The planned commercial development shall have a unified architectural
and design scheme which shall be subject to the review and approval
of the Planning Board at the time of preliminary site plan approval.
The approved unified architectural and design scheme shall be complied
with by the applicant and any future developers within the planned
development. There shall be no changes to the architectural and design
scheme without a formal amendment to the planned commercial development
by the applicant and approval of the amendment by the Planning Board
of the Township of Sparta. The unified architectural and design scheme
shall include a unified architectural appearance on all facades of
the buildings and shall provide for a common signage theme for all
use on the property.
3.
Signs. Signage in the planned commercial development shall be limited
to one facade sign per use and a maximum of 20 square feet per use
on the facade. There shall be no more than one freestanding sign identifying
the planned commercial development and visible from Route 15. Said
freestanding sign may be located on a pylon or foundation and shall
be no greater than 32 square feet on each side and shall be no higher
than 10 feet in height. The freestanding sign shall not be a directory
sign. One directory sign internal to the development may be submitted
and approved. The directory sign may be up to 32 square feet on each
side; however, the total square footage of the freestanding sign and
the directory shall be 48 square feet.
4.
Minimum lot size for any one building shall be one acre, except that
minimum lot size for motels shall be five acres.
5.
In the planned commercial development, more than one principal use
may be permitted on the same lot.
6.
The uses within a planned development shall provide for parking in accordance with the parking schedule set forth in Subsection 18-5.3h. Parking for planned commercial developments shall generally be located within at least 200 feet of each of the structures and uses for which the parking is provided. Parking may be located underground and under buildings and, as an incentive for such underground and under building parking, a planned commercial development is hereby authorized to increase its maximum coverage from a maximum 40% to a maximum 50% in exchange for the square footage of any parking spaces located under a building or underground. No more than 33 1/3% of the parking spaces shall be located in the front yard.
7.
Maximum Impervious Coverage. 40%.
8.
Landscape Plan. Any planned commercial development shall provide
a landscape plan at the time of preliminary site plan approval setting
forth landscape buffers between adjacent industrial properties and
the planned commercial development and within and between parking
lots. The landscape islands within the parking lots shall be located
at least every 40 parking spaces. The landscape plan shall provide
for the initial planting of shade trees with a minimum caliper of
four inches at the base and at least one tree every 30 feet of a landscape
area within the parking area or on the perimeter of the parking area
and on all property boundaries.
9.
Common Access Between Parking Lots. Any planned commercial development
shall provide for the common ingress to and egress from parking lots
and for common access between parking lots even if owned by separate
property owners within the planned commercial development. A deed
of common driveway easement shall be submitted with any planned commercial
development and shall be subject to the review and approval of the
Planning Board Attorney and Township Engineer. The common driveways
shall be intended to limit the need for driveways to the access road
and to prevent any need for driveways to Route 15.
10.
Prior to the commencement of any site work and prior to the effectiveness
of any preliminary site plan approval, the applicant shall enter into
a developer's agreement with the Council of the Township of Sparta
as authorized by the Municipal Land Use Law establishing certain minimum
conditions relating to water, septic or sewer, fire protection, ingress
to and egress from White Lake Road or Commerce Park Drive, standards
to ensure no ingress to and egress from Route 15, timing and rate
of development and construction of private and public improvements,
performance guarantees for any common accessways and/or public improvements,
maintenance guarantees for any common accessways or public improvements,
and such other time period or statutory protection period applicable
to the development, and such other standards and provisions as shall
be deemed appropriate by the Governing Body of the Township of Sparta.
11.
Covered Pedestrian Walkways Between Buildings. All commercial buildings
within a planned commercial development shall provide for safe vehicular
and pedestrian ingress to and egress from parking lots and drives
and building areas. In addition, a pedestrian plan shall be submitted
with the application at the time of preliminary site plan application
providing for pedestrian access from parking spaces devoted to particular
uses to the buildings to which the parking spaces are devoted. The
architectural scheme for the planned commercial development shall
provide for internal pedestrian circulation within buildings and between
uses within buildings and for connection between buildings. Perhaps
such connections may include covered walkways and/or internal pedestrian
walkways.
12.
Evaluation Standards and Criteria. In order to foster the attractiveness
of a site designated as a PCD, planned commercial development and
the surrounding neighborhoods and thereby preserve property values,
and in order to provide an efficient road and utility network, ensure
the movement of traffic, implement comprehensive planning and better
serve the public health, safety and general welfare, the following
standards and criteria shall be utilized by the Planning Board in
reviewing all site plans and subdivision plats relating to a PCD,
planned commercial development. These standards shall not be regarded
as inflexible requirements. They are not intended to discourage creativity,
invention and innovation.
(a)
The landscape shall be preserved in its natural state, insofar
as practicable, by minimizing tree and soil removal. All PCD, planned
commercial developments shall provide a minimum front yard of 150
feet from Route 15 which shall be a landscaped area dedicated to perpetual
open space.
(b)
Proposed buildings shall be related harmoniously to the terrain
and to other buildings in the vicinity that have a visual relationship
to the proposed buildings.
(c)
The distance between buildings shall be sufficient to provide
adequate light and air.
(d)
With respect to vehicular and pedestrian circulation, including
walkways, interior drives and parking, special attention shall be
given to location and number of access points to the public streets,
width of interior drives and access points, general interior circulation,
separation of pedestrian and vehicular traffic and arrangement of
parking areas that are safe and convenient and, insofar as practicable,
do not detract from the design of proposed buildings and structures
and the neighboring properties.
(e)
Special attention shall be given to property site surface drainage
so that removal of surface waters will not adversely affect neighboring
properties or the public storm drainage system.
(f)
All permanent utility lines, pipes and conduits shall be located
below ground, and all other installations and appurtenances shall
be adequately screened.
(g)
The size, location, design, color, texture, lighting and materials
of all temporary and permanent signs and outdoor advertising structures
or features shall not detract from the design of proposed buildings
and structures and the surrounding properties.
(h)
Exposed storage areas, exposed machinery installations, service
areas, truck loading areas, utility buildings and structures and similar
accessory areas and structures shall be subject to such setbacks,
screen plantings or other screening methods as shall reasonably be
required to prevent their being incongruous with the existing or contemplated
environment and the surrounding properties.
(i)
Adequate provision shall be made for a sewage disposal system
which shall be of sufficient size, capacity and design to collect
and dispose of all sewage from all present and proposed buildings
in the PCD, planned commercial development and which shall be otherwise
constructed and maintained in conformity with all applicable State,
County and municipal regulations and requirements.
(j)
Adequate provision shall be made for a storm drainage and surface
water detention system which shall be of sufficient size, capacity
and design to collect, carry off and dispose of all predictable surface
water runoff within the PCD, planned commercial development and which
shall be otherwise constructed and maintained in conformity with all
applicable State, County and municipal regulations and requirements.
(k)
Adequate provision shall be made for a water system which shall
be of sufficient size, capacity and design to supply potable water
and fire protection to each of the buildings within the PCD, planned
commercial development and which shall be otherwise constructed and
maintained in conformity with all applicable State, County and municipal
regulations and requirements.
(l)
Adequate provision shall be made for the collection and disposal
and, where possible, recycling of garbage, trash and solid waste generated
by the PCD, planned commercial development, and such system shall
be maintained in conformity with all applicable State, County and
municipal regulations and requirements.
(m)
Adequate provision shall be made for a system of interior roads
sufficient to accommodate predictable vehicular traffic within the
PCD, planned commercial development and to ensure safe and efficient
vehicular access, including access of fire-fighting equipment to and
from each of the buildings within the PCD, planned commercial development.
(n)
In the event that PCD, planned commercial development is to be constructed in sections over a period of years, then the provisions for the sewage and garbage disposal, storm drainage and water supply and for interior roads, specified in Subsections (i), (j), (k), (l) and (m) above, need to be adequate only in respect to the sections of development which have previously received final approval and the section of development for which final approval is being sought. The developer shall supply to the Planning Board information disclosing such adequacy and obtain the Planning Board's approval thereof.
(o)
There shall be a minimum front yard setback of 50 feet for buildings
and 25 feet for any parking area. Except as otherwise provided in
this section, there shall be no minimum width or frontage, no requirement
as to front, side or rear yards, and no requirement concerning the
location of accessory buildings or structures for any land use in
the PCD, planned commercial development. However, no plan for a PCD,
planned commercial development shall be approved unless the lot widths,
depths and frontages, building setbacks, percentages of lot coverage,
front, side and rear yards and locations of accessory buildings or
structures provided for in the site plan and subdivision plan are
consonant with the public health, safety and general welfare.
(p)
The height of any principal building within a PCD, planned commercial
development shall not exceed 35 feet, except that hotels, motor inns
and conference centers may have three stories and a height of a maximum
of 40 feet.
(q)
No building or structure, other than a fence or garden wall
less than seven feet in height, or a sign, shall be located within
a distance of 50 feet of any exterior boundary line of the site designated
for a PCD, planned commercial development, and no such building or
structure other than those excepted above shall be located within
a distance of 50 feet of any State or County road.
(r)
Maximum building size. No building shall be larger than 40,000
square feet.
[Ord. No. 2018-12 § 3]
a.
Purpose. The purpose of the Route 15 Planned Commercial Economic
Development PCED Zone is to permit development of the areas of land
along Route 15, West of Route 15, North of the New York Susquehanna
Western Railroad right-of-way and Houses Corner Road and South of
Wilson Drive. A Planned Commercial Development will prevent any adverse
impacts on the community, and enhance the existing light industrial
uses, and permit the free flow of traffic on Route 15 to meet the
State Highway Access Management Code.
b.
Permitted Uses. The following uses are permitted in the Planned Commercial
Economic Development (PCED) Zone in a Planned Development.
1.
Planned Commercial Economic Developments, including any uses permitted
in this zone.
2.
Office building for business professional executive administrative
offices.
3.
Banks and banking offices.
4.
Retail uses in single use or multi-tenant buildings provided the
buildings have a residential appearance of multiple facades and multiple
peaked roofs.
5.
Restaurants including restaurants where food is sold on premises
and served and consumed at tables within the restaurant, and restaurants
with drive-through windows.
6.
Indoor theaters, indoor cinemas, and indoor recreation areas.
7.
Banquet facilities.
8.
Hotels, motor inns and conference centers which may include health
clubs, skating rinks and spas, catering facilities, and restaurants
open to the public ancillary to the principal permitted use. Access
to all guests shall be via internal hallways from the main lobby.
9.
Churches, houses of worship.
10.
Agricultural uses on 5 acres or more.
11.
Science, research and development laboratories.
12.
Processes of manufacture, fabrication, assembly treatment or
packaging conversion of products.
13.
Micro-breweries, Micro-distilleries, Wineries.
14.
Indoor recreational uses including gymnastics, basketball, soccer,
health clubs, and other similar uses.
15.
Outdoor recreation uses including miniature golf and batting
cages.
16.
Preexisting storage buildings and preexisting warehouses.
17.
Multi-tenant professional offices.
18.
Warehouses and storage buildings located 300 feet from Route
15.
d.
Prohibited Uses. The following uses are specifically prohibited in
the PCED Zone District.
1.
Hair and Nail Salons.
2.
Kennels.
3.
Golf courses.
4.
Trucking terminals.
5.
Soil and rock removal.
6.
Gasoline Service and/or Distribution Stations.
7.
Any uses that are regulated by the underground storage tank (UST)
program of the State of New Jersey or Federal Government.
8.
Any uses that use or generate hazardous materials or materials regulated
by the Technical Regulations of the New Jersey Department of Environmental
Protection under the Site Remediation Program.
9.
Any use not specified as a permitted use or conditional use shall
be prohibited.
e.
Accessory Uses. Those uses customarily incident to the above permitted
and conditional uses.
f.
Required Standards. All Planned Commercial Economic Development (PCED)
District Zone uses shall meet the following minimum standards.
1.
Height. The height of a principal structure shall not exceed 35 feet,
except that hotels, motor inns and conference centers may have three
stories and a maximum height of 40 feet.
2.
Front Yard. There shall be a front yard setback of not less than
50 feet. Parking areas shall have a minimum front yard setback of
25 feet. Properties with frontage on Route 15 shall have a front yard
setback of not less than 100 feet. No more than 33 1/3% of the
parking spaces shall be located in the front yard.
3.
Side Yard. There shall be two side yards, each of which shall be
no less than 30 feet. Parking as required may be permitted in the
side yards with a side yard setback not less than 10 feet. The parking
side yard setback may be reduced to zero feet for adjacent properties
with shared parking.
4.
Rear Yard. There shall be a rear yard of a least 50 feet. The rear
yard may be used for parking with a rear yard setback of not less
than 10 feet. The parking rear yard setback may be reduced to zero
feet for adjacent properties with shared parking. Underground parking
shall be prohibited.
5.
Impervious Coverage. Maximum impervious coverage of 40%. Impervious
coverage may be increased if a portion of the lot is used as a public
right-of-way or public access easement providing access to adjoining
lots for purposes of access to either Wilson Drive or the new traffic
light located on Route 15. The increase in impervious coverage shall
equal to 1.5 times the area of public right-of-way or public access
easement located on the original property. The calculated percentage
of impervious coverage shall be based on the original property acreage
but shall not exceed 50%.
6.
Lot Area. Minimum lot size for any one building shall be one acre,
except that the lot size for hotels and conference centers shall be
five acres.
7.
Minimum Frontage. There shall be a minimum lot frontage of 200 feet.
8.
Parking. The uses within the Planned Commercial Economic Development (PCED) Zone shall provide for parking in accordance with the parking standards set forth in Subsection 18-5.3h. Underground parking is not permitted.
9.
Planned Commercial Economic Development uses shall utilize Wilson
Drive or the future intersection for northbound access to Route 15.
Access from northbound Route 15 shall be from Wilson Drive or the
future intersection. There shall be no new left turn in and/or left
turn out driveways after September 25, 2018, to Route 15 from new
or expanded uses within the Planned Commercial Economic Development.
10.
Any pre-existing signs on existing properties may continue to
be used. Signs located along any internal access drive shall be limited
to one free-standing monument sign per business located on a foundation
and shall be no greater than 15 square feet on each side and shall
be no higher than five feet in height. Properties with existing direct
access to Route 15 may have an additional sign to be located along
Route 15 up to 32 square feet.
11.
Architectural Design Standards.
(a)
The PCED shall have a unified architectural and design scheme
for all buildings and facades that face streets or parking areas.
Each facade must be treated architecturally, not just the main entrance
facade. The entire front, sides and rear of the building shall be
coordinated in compatible colors and materials. Street facades, in
the public view, shall receive the greater architectural emphasis.
(b)
Natural, earth tone colors with accent colors permitted as a
unifying design element or as business color scheme.
(c)
Building facades shall be articulated with a base, a lower and
upper facade and capped with a cornice; and/or a roof element. All
visible facades of any proposed building must be treated with architectural
materials which shall consist of brick, finished masonry, stone, wood
or combination thereof, based on commonly accepted architectural details,
or other materials approved by the Planning Board.
(d)
All buildings shall have pitched roofs, except where technical
considerations require a flat roof, a mansard roof treatment shall
be used to reflect the design standards of the PCED (hip, mansard
or gable) Different orientations, and types of pitched roofs shall
be utilized to break up large roof lines. Architectural shingles are
permitted; metal roofs may be permitted provided they are consistent
with color design standards.
(e)
Entrances shall be defined by architectural elements.
(f)
Any exterior mechanical and electrical equipment, shall not
be exposed to the public view. Any deviations from the standard shall
require architectural treatments consistent with the character and
approved by the Board.
(g)
Continuity of Architecture and Site Details. The design continuity
and coordination of architecture and site details, especially walls,
fences, ornamental metal work, steps, walkways, planting beds and
landscaping is especially critical to the character of the Planned
Commercial Economic Development zone.
12.
Sign Standards.
(a)
Individual businesses that have a principal entrance on the
first story may choose from the following sign types and must follow
the conditions for each individual sign type.
(1)
Awning.
[a]
Smallest rectangle that fully encompasses the entire
extent of letters, logo and background. The following variations of
awnings, with or without signbands are permitted: fixed or retractable,
shed or dome awnings.
[b]
Signage or signbands shall be limited to the valance
of the awning or the vertical portion of a dome awning.
[c]
No portion of the awning shall be lower than eight
feet clearance.
[d]
Awnings shall be a minimum of four feet deep, and
shall not extend beyond the width of the building or tenant space,
nor encroach above the roof line or the story above. Awnings may wrap
around the corner of buildings.
[e]
The height of the valance or sign band shall not
exceed 12 inches.
[f]
Awning signs shall contain only the business name,
logo, and/or street address. Letters, numbers and graphics shall cover
no more than 70% of the valance/sign band area.
[g]
Awning signs shall not be internally illuminated
or backlit. Colors shall be consistent with the uniform architectural
and design scheme of the overall planned development.
(2)
Band.
[a]
Band signs shall include only letters, background,
and an optional logo. Information shall consist only of the name and/or
logo of the business. Band signs shall not list products, sales, or
other promotional messages, or contact information.
[b]
The following band sign construction types are
permitted:
[1]
Cut-Out Letters. Letters shall be individually
attached to the wall or on a separate background panel, and shall
be externally illuminated.
[2]
Flat Panel. Letters shall be printed or etched
on same surface as the background, which is then affixed to the wall
and externally illuminated.
[3]
Channel Letters by Warrant. Each letter shall have
its own internal lighting element, individually attached to the wall
or onto a separate background panel. The letter shall be translucent,
or solid to create a backlit halo effect.
[c]
Height and width shall be measured using the smallest
rectangle that fully encompasses the entire extent of letters, logo
and background. Height shall not exceed three feet.
[d]
Band signs shall not be wider than 90% of the width
of the building facade or tenant space.
[e]
Band signs shall not project vertically above thereof
line.
Band signs may be illuminated from dusk to dawn or during business.
External lights shall be shielded from direct view to reduce glare.
[f]
No internal lighting shall be permitted.
[g]
Band signs should be placed where the architectural
features suggest the best placement for signage. They should be vertically
aligned with the center of an architectural feature such as a storefront
window, entry portal, or width of a bay or overall retail space. They
shall not interrupt or obscure these features or cause visual disharmony.
13.
Sidewalks. Sidewalks and crosswalks where applicable, shall
be installed along all rights-of-way and between rights-of-way and
buildings. Sidewalks along Route 15 are under the jurisdiction of
NJDOT.
14.
Shade trees. A row of shade trees shall be provided along any
right-of-way.
15.
Planned Commercial Developments. Planned commercial developments
shall have either a minimum of 20 acres and are subject to the following
standards with at least 200 feet of frontage on Route 15 or access
to an access road connecting the property to the new road at the traffic
light on Route 15 or access to Wilson Drive. The access to Wilson
Drive may be a public or private street or a driveway. There shall
be only one Roadway from the Planned Commercial Economic Development
District to Route 15 for primary ingress and egress at the planned
new traffic light. Existing operating driveways existing as of August
2017 may continue to operate. All driveways shall connect to the one
new road to Route 15.
(a)
The planned commercial development shall have a unified architectural
and design scheme which shall be subject to the review and approval
of the reviewing board at the time of preliminary and final site plan
approval. The approved unified architectural and design scheme shall
be complied with by the applicant, and any future developers within
the Planned Commercial Economic Development (PCED) District. There
shall be no changes to the architectural and design scheme without
a formal Amendment of the approved planned commercial development
or site plans within the PCED District by the applicant and approval
of the Amendment by the reviewing board of the Township of Sparta.
The unified architectural and design scheme shall include a unified
architectural appearance of all facades of the buildings, and shall
provide for common signage theme for all uses in the property and
in the zone.
(b)
One directory sign along Route 15 for the planned commercial
development may be submitted and approved. The directory sign may
be up to 32 square feet and 16 feet in height on each side for any
property or group of properties in the planned commercial development.
(c)
Parking for the planned commercial developments in the Planned
Commercial Economic Development (PCED) Zone shall be located within
200 feet of each of the structures for which the parking is provided.
Parking may be located under buildings and as an incentive for such
under building parking a planned commercial development is hereby
authorized to increase the maximum impervious coverage from the maximum
of 40% to the maximum of 50% in exchange for square footage of any
parking space located under the building. No more than 33 1/3%
of the parking spaces shall be located in the front yard.
(d)
Landscape Plan. Any Planned Commercial Economic Development
(PCED) development shall provide a landscape plan for at the time
of preliminary site plan approvals setting forth a landscape buffer
between the adjacent industrial properties and the planned commercial
development and within and between parking lots. The landscape aisles
within the parking island shall be located at least every 40 parking
spaces. The landscape plan shall provide for the initial planting
of shade trees at a minimum caliper of four inches in a base of at
least one tree every 30 feet of the landscape area within the parking
area, or on the perimeter of the parking area and all property boundaries.
The landscape plan shall also address streetscape improvements including
but not limited to benches, lighting poles and fixtures (all downward
facing), and sidewalk pavers/materials. Lighting shall provide a minimum
of 0.5 foot candle in parking lots.
(e)
Common Access Between Parking Lots. Any Planned Commercial Economic
Development (PCED) development shall provide for common access and
egress from parking lots and for common areas between parking lots
even if owned by separate owners within the planned commercial development.
A deed of common driveway easement shall be submitted with any planned
commercial development and shall be subject to the review and approval
of the Planning Board Attorney and the Planning Board Engineer. The
common driveway shall be intended to prevent the need for new left
turn out and left turn in driveways to Route 15. The accessways may
be a common driveway, private or public road.
(f)
Prior to the commencement of the site work, the applicant shall
enter into a Developer's Agreement with the Council of the Township
of Sparta as authorized by the Municipal Land Use Law establishing
certain minimum conditions relating to water, septic or sewer, fire
protection, ingress and egress from Wilson Drive standards to ensure
no new left turn in and left turn out driveway to and from Route 15,
timing and rate of development, construction of private and public
improvements, dedication of open space, performance guarantees and
any common accessways and public improvements, maintenance guarantees
for any common accessways or public improvements, and in such other
time period or statutory protection period applicable to the development,
and such standards and provision as shall be deemed appropriate by
the governing body of the Township of Sparta.
(g)
Pedestrian Walkways Between Buildings. All commercial buildings
within a planned commercial development shall provide for safe vehicular
and pedestrian ingress to and egress from parking lots and drives
and building areas. In addition, a pedestrian plan shall be submitted
within the application at the time of preliminary site plan application
providing for pedestrian access from parking spaces devoted to particular
uses to the buildings to which the parking spaces are devoted. The
architectural scheme for the planned commercial development shall
provide for internal pedestrian circulation within buildings and between
uses within buildings and for connection between buildings. Sidewalks
shall be provided along any public right-of-way, excluding Route 15.
(h)
Evaluation Standards and Criteria. In order to foster the attractiveness
of a site designated as a PCED, planned commercial development and
the surrounding neighborhoods and thereby preserve property values,
and in order to provide an efficient road and utility network, ensure
the movement of traffic, implement comprehensive planning and better
serve the public health, safety and general welfare, the following
standards and criteria shall be utilized by the Planning Board in
reviewing all site plans and subdivision plats relating to a PCED,
planned commercial development. These standards shall not be regarded
as inflexible requirements. They are not intended to discourage creativity,
invention and innovation.
(1)
The landscape shall be preserved in its natural
state, insofar as practicable, by minimizing tree and soil removal.
All planned commercial developments shall provide a minimum front
yard of 100 feet from Route 15 which shall be a landscaped with a
row of shade trees spaced no more than 75 feet apart and dedicated
to perpetual open space.
(2)
Proposed buildings shall be related harmoniously
to the terrain and to other buildings in the vicinity that have a
visual relationship to the proposed buildings.
(3)
The distance between buildings shall be sufficient
to provide adequate light and air.
(4)
With respect to vehicular and pedestrian and handicapped
circulation, including walkways, interior drives and parking, special
attention shall be given to location and number of access points to
the public streets, width of interior drives and access points, general
interior circulation, separation of pedestrian and vehicular traffic
and arrangement of parking areas that are safe and convenient and,
insofar as practicable, do not detract from the design of proposed
buildings and structures and the neighboring properties.
(5)
Special attention shall be given to property site
surface drainage so that removal of surface waters will not adversely
affect neighboring properties or the public storm drainage system.
(6)
All permanent utility lines, pipes and conduits
shall be located below ground, and all other installations and appurtenances
shall be adequately screened.
(7)
The size, location, design, color, texture, lighting
and materials of all temporary and permanent signs and outdoor advertising
structures or features shall not detract from the design of proposed
buildings and structures and the surrounding properties.
(8)
Exposed storage areas, exposed machinery installations,
service areas, truck loading areas, utility buildings and structures
and similar accessory areas and structures shall be subject to such
setbacks, screen plantings or other screening methods as shall reasonably
be required to prevent their being incongruous with the existing or
contemplated environment and the surrounding properties.
(9)
Adequate provision shall be made for a sewage disposal
system which shall be of sufficient size, capacity and design to collect
and dispose of all sewage from all present and proposed buildings
in the PCED, planned commercial development and which shall be otherwise
constructed and maintained in conformity with all applicable State,
County and municipal regulations and requirements.
(10)
Adequate provision shall be made for a storm drainage
and surface water detention system which shall be of sufficient size,
capacity and design to collect, carry off and dispose of all predictable
surface water runoff within the PCED, planned commercial development
and which shall be otherwise constructed and maintained in conformity
with all applicable State, County and municipal regulations and requirements.
(11)
Adequate provision shall be made for a water system
which shall be of sufficient size, capacity and design to supply potable
water and fire protection to each of the buildings within the PCED,
planned commercial development and which shall be otherwise constructed
and maintained in conformity with all applicable State, County and
municipal regulations and requirements.
(12)
Adequate provision shall be made for the collection
and disposal and, where possible, recycling of garbage, trash and
solid waste generated by the PCED, planned commercial development,
and such system shall be maintained in conformity with all applicable
State, County and municipal regulations and requirements.
(13)
Adequate provision shall be made for a system
of interior roads sufficient to accommodate predictable vehicular
traffic within the PCED, planned commercial development and to ensure
safe and efficient vehicular access, including access of fire-fighting
equipment to and from each of the buildings within the PCED, planned
commercial development.
(14)
In the event that PCED, planned commercial development
is to be constructed in sections over a period of years, then the
provisions for the sewage and garbage disposal, storm drainage and
water supply and for interior roads, specified in Subsections (i),
(j), (k), (l) and (m) above, need to be adequate only in respect to
the sections of development which have previously received final approval
and the section of development for which final approval is being sought.
The developer shall supply to the Planning Board information disclosing
such adequacy and obtain the Planning Board's approval thereof.
(15)
There shall be a minimum front yard setback of
50 feet for buildings and 25 feet for any parking area. Except as
otherwise provided in this section, there shall be no minimum width
or frontage, no requirement as to front, side or rear yards, and no
requirement concerning the location of accessory buildings or structures
for any land use in the PCED, planned commercial development. However,
no plan for a PCED, planned commercial development shall be approved
unless the lot widths, depths, and frontages, building setbacks, percentages
of lot coverage, front, side and rear yards and locations of accessory
buildings or structures provided for in the site plan and subdivision
plan are consistent with the public health, safety and general welfare.
(16)
No building or structure, other than a fence or
garden wall less than seven feet in height, or a sign, shall be located
within a distance of 50 feet of any exterior boundary line of the
site designated for a PCED, planned commercial development, and no
such building or structure other than those excepted above shall be
located within a distance of 50 feet of any State or County road.
(17)
Maximum building size. No building shall be larger
than 40,000 square feet.
(18)
Areas along the adjacent railroad right-of-way
shall be buffered and include adequate security to limit public access
to the railroad right-of-way.
[Ord. No. 02-25 § 3; Ord. No. 08-06 § 1; Ord. No. 08-09 § 1]
a.
Purpose. The purpose of the Open Space/Government Use Zone is to
establish a zone to regulate the use of public open space and lands.
This will insure local protection of the financial resources, environmental
resources, water resources and rural character of Sparta Township.
b.
Permitted Uses.
1.
Public recreation and open space.
2.
Timber management as approved under a Forest Management Plan approved
by the State Forrester.
3.
Public parks.
4.
Public or private schools.
5.
Educational centers.
6.
Farms.
7.
Single-family detached dwellings of one unit per 25 acres.
8.
Public utilities excluding TV and radio towers.
[Ord. No. 05-03 § 4; Ord. No. 10-15; Ord. No.
2016-20 § 2]
a.
Purpose. Town Center Commercial and Age-Restricted District: This
District provides opportunities "to encourage senior citizen community
housing construction" in a mixed use development pattern within the
Designated Sparta Town Center consistent with N.J.S.A. 40:55D-2.L
and smart growth principles established in the State Plan, Sussex
County Strategic Growth Plan and the Sparta Township Master Plan.
The district will provide affordable housing opportunities within
a walkable planned village center to assist in meeting the Township's
2016 Amendment and Supplement to 2008 Housing Element and Fair Share
Plan obligation. Public sewer and water serve the district to minimize
any environmental issues.
1.
To accomplish the protection, enhancement and perpetuation of the
Town Center area, which has been designated as a historic landmark,
and other structures and resources within the Town Center area, which
reflect the elements of the architectural history of the Township.
To encourage construction and reconstruction with a residential appearance
in keeping with the goals of the Town Center and the Appendix to the
1993 Master Plan Amendment to the Interchange Master Plan.
2.
To encourage the continued use of the existing buildings and appropriate
reuses.
3.
To maintain the character of the neighborhood and architecturally
significant buildings.
4.
To manage change by preventing alteration or new construction not
in keeping with the zone.
5.
To discourage the unnecessary demolition of historic resources.
6.
To maintain economic viability of the existing land uses.
7.
To improve access, circulation and parking.
8.
To maintain a stable and balanced community fiscal structure.
9.
To maintain and improve the traffic circulation by implementing the
Master Plan concepts and by limiting access to the 517 Bypass properties
to the proposed connector road, Main Street and Sparta Avenue.
b.
Principal Permitted Uses. This is a mixed-use zone of commercial
retail, office, age-restricted housing and affordable housing apartments
in 100% affordable buildings existing on June 1, 2010 and in new mixed
use buildings.
1.
Stores or shops for retail business or wholesale display entirely
within the confines of a building.
2.
Banks and offices for business, executive and professional purposes.
3.
Restaurants, but not including drive-in restaurants.
4.
Public buildings and uses.
5.
Second floor apartments over retail commercial and office but not
over dry cleaning establishments.
6.
Institutional uses and nonprofit clubs, lodges and fraternal organizations.
7.
Age-restricted housing: the age of the occupants shall be restricted
to persons where at least one member of the residential unit is at
least 55 years of age, with or without a spouse, and other members
of such person's residential unit over the age of 19 years of age;
and surviving members of that unit in the event of death of such resident
who is at least 55 years of age, subject to applicable local, State
and Federal law.
8.
A maximum of 10 100% affordable housing rental apartments in a mixed-use
structure, which shall have commercial uses on the first floor and
may have commercial uses or affordable housing on other floors.
c.
Permitted Accessory Uses. Parking, signs, essential services and
other accessory uses customary incidental to the permitted uses as
determined by the approving Board.
d.
Prohibited Uses. The following uses are specifically prohibited:
1.
Any business conducted outside the confines of a building unless
specifically permitted.
2.
Any industry, process of manufacture, fabrication, assembly, disassembly,
conversion or alteration of products or materials.
3.
Carousels, merry-go-rounds, miniature golf, outdoor theatres, pony
tracks or other similar commercial outdoor entertainment.
4.
Junk yards, warehouses, storage buildings and fuel yards.
5.
Gasoline service stations and other automobile related uses.
6.
Any other use not specifically permitted as determined by the Board.
e.
Required Conditions. The following ordinance requirements must be
complied with in the TCCAH Zone District.
1.
Height. The height of the principal structures shall not exceed three
stories or 38 feet except a structure devoted to age-restricted housing
that is set back 200 feet from the right-of-way may not exceed 40
feet.
2.
Front Yard. There shall be a minimum front yard of 15 feet.
3.
Side Yard. There shall be a minimum side yard of 10 feet for commercial
buildings and 15 feet for the age-restricted housing buildings.
4.
Rear Yard. There shall be a minimum rear yard of 25 feet.
5.
Impervious Coverage. The total impervious coverage of a tract of
land (may be comprised of more than one lot) for a mix of commercial
and age-restricted housing shall not exceed 70%. Stand-alone commercial
development shall not exceed 40%.
6.
Site Plan Approval. Prior to the issuance of a building permit or a certificate of occupancy where no building permit is required, the Planning Board shall review a site plan according to Subsections 18-4.2c and 18-4.2d of the proposed use to ascertain that all the requirements of this section are complied with.
7.
Tract Area. The minimum tract area for the mixed-use development
of commercial and age-restricted housing is 80,000 square feet.
8.
Lot Area. There shall be minimum lot area of 10,000 square feet for
any commercial use including the option of apartments on the second
floor as a stand-alone project or subdivided from the tract.
9.
Minimum Frontage. There shall be a minimum lot frontage of 80 feet.
10.
Minimum Commercial Development. The commercial portion of the mixed-use
development shall be located along the street frontage. A minimum
of 15% of the total first floor area of the development shall be devoted
to commercial uses.
11.
Age-Restricted Housing. The maximum number of age-restricted housing
units shall not exceed 55.
12.
Bedroom Distribution. The maximum number of three bedroom units shall
not exceed 20% of the total units.
13.
Inclusionary Housing. The affordable housing set aside required for
all housing units is 20% of the units constructed.
14.
Utilities. Proof of sewer allocation and water capacity are required
prior to Board approval for a mixed-use development.
15.
Town Center Zone Standards. Any development within the Town Center
Commercial and Age-Restricted District (TCCAH) shall comply with the
Town Center Zones required standards set forth in Subsection 18-4.24e9-13.
16.
Parking. Parking requirements are governed by the Residential Site
Improvement Standards. Structured parking is recommended to meet the
intent and purposes of the district.
[Ord. No. 11-05 § 4; Ord. No. 11-19]
a.
Purpose. Planned Village Core District Zone. The purpose of the PVC
District is to permit development of large tracts of land along Route
15, in a planned setting. A planned development will prevent an adverse
impact on the community and enhance the existing light industrial
uses, and limit access to Route 15 in order to minimize any disruption
to the flow of traffic on Route 15 to meet the State Access Management
Code.
The intent of the Master Plan and Zoning Ordinance is to reinforce
the concept of a strong central Town Center in Sparta Township, with
a complimentary Village Center, which are both consistent with the
New Jersey State Development and Redevelopment Plan. The PVC District
is intended to complement, not detract from, the commercial viability
of the Town Center area.
The PVC follows the guidelines presented in the SmartCode as
a means to regulate development in a Smart Growth fashion and is authorized
under the Municipal Land Use Law provisions for Planned Unit Development.
The primary means for regulating development in the PVC District is
the assignment of Transects.
Throughout this subsection, standards will be applied to specific
Transects. The Transects were assigned via the Master Plan and are
presented in Table 1 and Map 1.
b.
Applicability. The Planned Village Core Zone only applies to a lot
or lots located in the PVC Zone under the following conditions. If
minimum conditions cannot be met, then the underlying zone requirements
for the ED/PCD Zones apply.
c.
Principal Permitted Uses. The following uses are permitted uses for
each Transect that make up the PVC District:
1.
Conservation Transect (T1).
(a)
Park. A natural preserve available for unstructured recreation.
Its landscape shall consist of paths, and trails, meadows, waterbodies,
woodland and open shelters, all naturalistically disposed.
(b)
Playground. An open space designed and equipped for the recreation
of children that should be fenced, (four feet tall and approved by
the Board) and may include an open shelter. Playgrounds may be included
with parks and greens.
(c)
Existing public utilities are permitted and are authorized to
be expanded and/or rebuilt even if totally destroyed. However, any
expansion or rebuilding shall be pursuant to the conditional use standards
set forth in Subsection 18-4.7c3.
(d)
Disposal beds.
2.
Mixed Residential Transect (T4).
(a)
Playground. Playgrounds shall be interspersed within residential
areas and may be placed within a block.
(b)
Green. An open space available for unstructured recreation.
A Green may be spatially defined by landscaping rather than building
frontages. Its landscape shall consist of lawn and trees, naturalistically
disposed.
(c)
Residential single-family dwelling units.
(d)
Residential duplexes, multifamily attached units, townhouses.
3.
Mixed-Use Transect (T5).
(a)
Plaza. An open space available for civic and commercial activities.
A plaza shall be defined by building frontages. Its landscape shall
consist primarily of pavement, with trees optional. Plazas should
be located at main intersections and provisions for outdoor dining
may be incorporated.
(b)
Residential multifamily, townhouses.
(c)
Mixed use buildings with residential apartments/condominiums
located above the first floor commercial.
(d)
Office buildings for business, professional, executive and administrative
offices.
(e)
Retail stores for the indoor sale of goods or merchandise with
seasonal sidewalk sales as approved by the subcommittee of the Planning
Board at a maximum of four times per year, including: general stores,
bakeries, cafes, dry cleaners, financial services, florists, ice cream,
personal services, pharmacies, sporting goods, apparel, bookstores,
and home furnishings.
(f)
Restaurants where all food sold on premises is served at tables
within the restaurant.
(g)
Banks and banking offices.
(h)
Preschools, childcare facilities, health clubs, spas, dance
schools and karate schools.
(i)
Sewer utilities.
4.
Business Transect (T6).
(a)
Plaza. An open space available for civic and commercial activities.
A plaza shall be defined by building frontages. Its landscape shall
consist primarily of pavement, with trees optional. Plazas should
be located at main intersections.
(b)
Retail stores for the indoor sale of goods or merchandise with
seasonal sidewalk sales as approved by the subcommittee of the Planning
Board at a maximum of four times per year, including: general stores,
bakeries, cafes, financial services, florists, ice cream, pharmacies,
sporting goods, apparel, bookstores, home furnishings.
(c)
Restaurants where all food sold on premises is served at tables
within the restaurant.
(d)
Specialty retail (defined as shops that cater to a specific
market, which are linked by architectural, historical or a geographic
theme and by commonality of goods. The specialty retail center consist
of smaller shops of 2,000 to 10,000 square feet of floor area).
(e)
Theaters.
(f)
Convenience stores.
(g)
Hotels and conference centers which may include health clubs
and spas, catering facilities and restaurants open to the public but
ancillary to the principal permitted use; access to all guest rooms
shall be via hallways from a main lobby.
(h)
Medical clinics.
5.
Limited Commercial Transect (SD).
(a)
Plaza. An open space available for civic and commercial activities.
A plaza shall be defined by building frontages. Its landscape shall
consist primarily of pavement, with trees optional. Plazas should
be located at main intersections.
(b)
Restaurants where all food sold on premises is served at tables
within the restaurant.
(c)
Hotels and conference centers which may include health clubs
and spas, catering facilities and restaurants open to the public but
ancillary to the principal permitted use; access to all guest rooms
shall be via hallways from a main lobby.
(d)
Supermarkets.
(e)
Banks and banking offices.
(f)
Theaters.
(g)
Fast food restaurants with drive through facilities.
(h)
Medical clinics.
(i)
Public utilities.
d.
Conditional Uses. Conditional uses for the PVC Zone are assigned
by Transect. The following uses are permitted as a conditional use,
but must follow the specific criteria of the conditional use section:
e.
Accessory Uses. Those uses customarily incidental to the above including;
parking structures associated with commercial spaces at the street
level, and drive through banking facilities.
f.
Prohibited Uses. Any use not specifically permitted is prohibited.
In addition, the following uses are specifically prohibited in all
transects of the PVC Zone:
1.
Gasoline service stations, automotive repair facilities, garages
and car washes.
2.
Storage buildings including mini-storage warehousing.
3.
Kennels.
4.
Golf courses, driving ranges, batting cages and outdoor miniature
golf.
5.
Trucking terminals.
6.
Soil removal.
7.
Any business operation conducted outside the confines of a building.
8.
Any uses which directly or indirectly utilize materials listed in
N.J.A.C. 7:26-8.16, "Hazardous Constituent" pursuant to N.J.A.C. 7:26-8.16,
"Hazardous Substance" pursuant to N.J.A.C. 7:1E; and/or "Hazardous
Waste" pursuant to Solid Waste Regulations, N.J.A.C. 7:26-1.4 and
Waste Regulations, N.J.A.C. 7:26-8.
g.
Required Conditions. All planned development shall meet the following
minimum standards:
1.
The planned development shall have a unified architectural and design
scheme which shall be subject to review and approval of the Planning
Board at the time of preliminary site plan approval. The approved
unified architectural and design scheme shall be complied with by
the applicant and any future developers within the Planned Village
Core. There shall be no changes to the architectural and design scheme
without a formal amendment to the planned unit development by the
applicant and approval of the amendment by the Planning Board of the
Township of Sparta. The unified architectural and design schemes shall
include a unified architectural appearance on all the facades of the
buildings and shall provide for a common signage theme for use on
the property.
2.
There shall be no more than one freestanding sign identifying the
Planned Village Core at the principal entrance from Route 15 or White
Lake Road. Said freestanding sign may be located on a foundation and
shall be no greater than 32 square feet on each side and shall not
be a directory sign.
3.
Transect Plan. Any planned development shall provide a Transect Plan
at the time of preliminary site plan approval demonstrating consistency
with principles of the Transect Plan presented in the Planned Village
Core Master Plan Amendment, and should also demonstrate consistency
with the Circulation Plan.
4.
Landscape Plan. Any planned development shall provide a landscape
plan at the time of preliminary site plan approval setting forth landscape
buffers between adjacent industrial properties and the planned development
and within and between parking lots. The landscape islands within
the parking lots shall be located at least every 40 parking spaces.
The plan shall provide for the initial planting of shade trees with
a minimum caliper 2 1/2 inches diameter at breast height (D.B.H.)
one tree every 30 feet of a landscape area within the parking area
or on the perimeter of the parking area and on all property boundaries.
5.
Grading Plan. Any planned development shall provide an overall grading
plan to demonstrate sufficient protection of the Germany Flats Aquifer
and shall include a hydro-geologic analysis demonstrating conformance
with NJDEP standards.
6.
Phasing Plan. In the event that the PVC, Planned Village Core is
to be constructed in sections over a period of years, then the provisions
for the sewage and garbage disposal, storm drainage and water supply
and for interior roads, need to be adequate only in respect to the
sections of development which have previously received final approval
and the section of development for which final approval is being sought.
The impacts to the partial installation of any proposed networks must
be addressed for each section seeking approval. Each section of development
must meet the required standards set forth in this subsection and
must not rely on proposed sections to meet the required standards.
The developer shall supply to the Planning Board information disclosing
such adequacy and obtain the Planning Board's approval thereof.
7.
Infrastructure Impact Statement. Any planned development shall provide
an analysis of the expected impacts to area services, including: Fire
protection, Police protection, Emergency Medical Response, as well
as the local school system.
8.
Green Development Checklist. Applicant is to submit a report summarizing
"green" development techniques to be implemented in the PVC development.
This report shall be based on the USGBC's LEED ND checklist and shall
document each item the applicant intends to implement in the following
categories: "Smart Location and Linkage," "Neighborhood Pattern and
Design," and "Green Infrastructure and Buildings."
9.
Lighting Plan.
10.
Parking Plan.
11.
Prior to the commencement of any site work and prior to the effectiveness
of any preliminary site plan approval, the applicant shall enter into
a developer's agreement with the Council of the Township of Sparta
as authorized by the Municipal Land Use Law. The agreement shall include
establishing certain minimum conditions relating to water, septic
or sewer, fire protection, ingress to and egress from White Lake Road
and Route 15, and include: timing and rate of development, construction
of private and public improvements, performance guarantees for any
common accessways and/or public improvements, maintenance guarantees
for any common accessways or public improvements, and such other time
period or statutory protection period applicable to the development,
and such other standards and provisions as shall be deemed appropriate
by the Governing Body of the Township of Sparta.
12.
Required Conditions for Single-Family and Duplex Residential Use.
(a)
Lot Area. There shall be a minimum lot area of 5,000 square
feet.
(b)
Minimum Frontage. There shall be a minimum lot frontage of 40
feet.
(c)
Height. The height of a principal structure shall not exceed
2 1/2 stories and 35 feet.
(d)
Front Yard. There shall be a minimum front yard setback of not
less than 15 feet
(e)
Side Yard. There shall be a minimum side yard of five feet.
When the lot in question is a corner lot, the side yard adjoining
the side street shall conform to the front yard setback.
(f)
Rear Yard. There shall be a minimum rear yard setback of at
least 25 feet.
(g)
Impervious Coverage. The maximum land area to be covered by
impervious surfaces shall not exceed 45% of the total site area.
(h)
Garages may be attached to the dwelling unit, and must conform
to the front yard setback. Detached garages are permitted and must
conform to the accessory structure requirements.
(i)
One accessory structure is permitted per lot in the rear yard
only, and must be a minimum of five feet from the rear setback line.
(j)
Decks are permitted in the rear yard only and must be a minimum
of 15 feet from the rear yard setback and eight feet from the side
yard setback.
(k)
Within 800 feet of every residential lot, a civic space designated
as a playground shall be provided.
(l)
No more than 25% of the overall residential units shall be duplex
units.
13.
Required Conditions for Multi-Family, Townhouse Uses.
(a)
Multifamily dwelling units such as townhouses, shall conform
to the maximum density of 15% of the overall residential development,
with four units maximum per building.
(b)
Building Setbacks. A minimum of 20 feet separation is required
between buildings.
(c)
Front Yard Setback. There shall be a minimum front yard setback
of not less than 15 feet.
(d)
Height. Height of a principal structure shall not exceed 2 1/2
stories and 35 feet.
(e)
Rear Yard Setback. There shall be a minimum rear yard setback
of not less than 25 feet.
14.
Required Conditions for Planned Commercial Development.
(a)
Any site plan or subdivision in the zone shall include a preliminary
site plan for a planned development for the entire area of the lot
or lots owned or controlled by the applicant and located in the PVC
Zone. Certain bulk standards are not included to permit flexibility
in the planned development. Phasing is permitted, however all access
roads and related infrastructure must be completed before the completion
of Phase I. The following requirements must be complied with:
(b)
In the Planned Village Core more than one principal use may
be permitted on the same lot.
(c)
Acreage Requirements. Seven acres.
(d)
A minimum of 5% of the developable area shall be dedicated as
civic space.
(e)
Each site plan shall contain at least one main civic space,
centrally located and dedicated as the primary outdoor gathering place
for the site.
(f)
Height. The height of a principal structure shall not exceed
three stories and 40 feet, with the exception of a house of worship
steeple or clock towers, which shall not exceed 50 feet.
(g)
Maximum Impervious Coverage. 60%.
(h)
No direct access driveways shall be permitted along Route 15
or White Lake Road. The development must include an internal circulation
plan consistent with the PVC Master Plan Amendment.
(i)
Parking Standards.
(1)
The retail and office uses within a planned commercial development shall provide one parking space for every 300 square feet of gross leasable area Other uses in the planned commercial development shall provide parking in accordance with the parking schedule set forth in Subsection 18-5.3h. Parking for planned commercial developments shall generally be located within at least 300 feet of each of the structures and uses for which the parking is provided.
(j)
Sign Requirements.
(1)
One directory sign internal to the development may be submitted
and approved for each Transect. The directory sign may be up to 32
square feet on each side.
(2)
Individual businesses that have a principal entrance on the
first story may choose from the following sign types and must follow
the conditions for each individual sign type.
(i)
Awning.
[a]
Smallest rectangle that fully encompasses the entire
extent of letters, logo and background. The following variations of
awnings, with or without signbands are permitted: fixed or retractable,
shed or dome awnings.
[b]
Signage or signbands shall be limited to the valance
of the awning or the vertical portion of a dome awning.
[c]
No portion of the awning shall be lower than eight
feet clearance.
[d]
Awnings shall be a minimum of four feet depth,
and shall not extend beyond the width of the building or tenant space,
nor encroach above the roof line or the story above.
[e]
The height of the valance or signband shall not
exceed 12 inches.
[f]
Awning signs shall contain only the business name,
logo, and/or street address. Letters, numbers and graphics shall cover
no more than 70% of the valance/signband area.
[g]
Awning signs shall not be internally illuminated
or backlit.
[h]
Colors shall be consistent with the uniform architectural
and design scheme of the overall planned development.
(ii)
Band.
[a]
Band signs shall include only letters, background,
and an optional logo. Information shall consist only of the name and/or
logo of the business. Band signs shall not list products, sales, or
other promotional messages, or contact information.
[b]
The following band sign construction types are
permitted:
[1]
Cut-Out Letters. Letters shall be individually
attached to the wall or on a separate background panel, and shall
be externally illuminated.
[2]
Flat Panel. Letters shall be printed or etched
on same surface as the background, which is then affixed to the wall
and externally illuminated.
[3]
Channel Letters by Warrant. Each letter shall have
its own internal lighting element, individually attached to the wall
or onto a separate background panel. The letter shall be translucent,
or solid to create a backlit halo effect.
[c]
Height and width shall be measured using the smallest
rectangle that fully encompasses the entire extent of letters, logo
and background. Height shall not exceed three feet.
[d]
Band signs shall not be wider than 90% of the width
of the building facade or tenant space.
[e]
Band signs shall not project vertically above the
roof line.
[f]
Band signs may be illuminated from dusk to dawn
or during business. External lights shall be shielded from direct
view to reduce glare.
[g]
No internal lighting shall be permitted.
[h]
Band signs should be placed where the architectural
features suggest the best placement for signage. They should be vertically
aligned with the center of an architectural feature such as a storefront
window, entry portal, or width of a bay or overall retail space. They
shall not interrupt or obscure these features or cause visual disharmony.
[i]
Where multiple band signs are present on a single
building (i.e. for retail tenants in a shopping center), signage shall
be coordinated in terms of scale, placement, colors and materials.
(iii)
Blade.
[a]
Blade signs may be double-sided.
[b]
Blade signs may encroach into the public frontage
up to four feet and shall clear the sidewalk by at least eight feet.
They shall not encroach above the roof line nor above the bottom of
the second story window.
[c]
Text and graphics on the blade sign shall be limited
to the name and/or logo of the business Slogans, address labels, operating
hours and contact information shall not be permitted.
[d]
Mounting hardware, such as supports and brackets,
may be simple and unobtrusive or highly decorative, but shall complement
the design of the sign, the building, or both. For buildings with
multiple signs, mounting hardware or sign shapes, sizes and colors
shall be consistent with the overall architectural and design scheme.
[e]
No internal lighting shall be permitted.
(3)
Businesses and offices located on the second story are permitted
shingle type signs meeting the following requirements:
(i)
Shingle signs may be double sided.
(ii)
Shingle signs may encroach into the public frontage
up to two feet and shall clear the sidewalk by at least eight feet.
(iii)
Text and graphics on the shingle sign shall be
limited to the name, logo and suite number of the business. Slogans,
full street address labels, operating hours and contact information
are not permitted.
(iv)
No internal lighting shall be permitted.
15.
Evaluation Standards and Criteria. In order to foster the attractiveness
of a site designated as a Planned Village Core Development, planned
development and the surrounding neighborhoods and thereby preserve
property values, and in order to provide an efficient road and utility
network, ensure the movement of traffic, implement comprehensive planning
and better serve the public health, safety and general welfare, the
following standards and criteria shall be utilized by the Planning
Board in reviewing all site plans and subdivision plats relating to
a PVC, planned development. These standards shall not be regarded
as inflexible requirements. They are not intended to discourage creativity,
invention and innovation.
(a)
The landscape shall be preserved in its natural state, insofar
as practicable, by minimizing tree and soil removal and may include
the addition of trees, shrubs and/or landscaped berms. All PVC, Planned
Commercial Developments shall provide a minimum front yard of 100
feet from Route 15 which shall be a landscaped area dedicated to perpetual
open space.
(b)
Proposed buildings shall be related harmoniously to the terrain
and to other buildings in the vicinity that have a visual relationship
to the proposed buildings.
(c)
The distance between buildings shall be sufficient to provide
adequate light and air.
(d)
With respect to vehicular and pedestrian circulation, including
walkways, interior thoroughfares and parking, special attention shall
be given to location and number of access points to the public streets,
width of interior drives and access points, general interior circulation,
separation of pedestrian and vehicular traffic and arrangement of
parking areas that are safe and convenient and, insofar as practicable,
do not detract from the design of proposed buildings and structures
and the neighboring properties.
(e)
Special attention shall be given to property site surface drainage
so that removal of surface waters will not adversely affect neighboring
properties or the public storm drainage system.
(f)
All permanent utility lines, pipes and conduits shall be located
below ground, and all other installations and appurtenances shall
be adequately screened.
(g)
The size, location, design, color, texture, lighting and materials
of all signs shall not detract from the design of proposed buildings
and structures and the surrounding properties.
(h)
Exposed storage areas, exposed machinery installations (including
rooftop), service areas, truck loading areas, garbage storage and
disposal areas, utility buildings and structures and similar accessory
areas and structures shall be subject to such setbacks, screen plantings
or other screening methods as shall reasonably be required to prevent
their being incongruous with the existing or contemplated environment
and the surrounding properties.
(i)
Adequate provision shall be made for a centralized sewage disposal
system which shall be of sufficient size, capacity and design to collect
and dispose of all sewage from all present and proposed buildings
in the PVC, Planned Village Core and which shall be otherwise constructed
and maintained in conformity with all applicable Federal, State, County
and municipal regulations and requirements.
(j)
Adequate provision shall be made for a storm drainage and surface
water detention system which shall be of sufficient size, capacity
and design to collect, carry off and dispose of all predictable surface
water runoff within the PVC, Planned Village Core, and which shall
be otherwise constructed and maintained in conformity with all applicable
State, County and municipal regulations and requirements.
(k)
Adequate provision shall be made for a water system which shall
be of sufficient size, capacity and design to supply potable water
and fire protection to each of the buildings within the PVC, Planned
Village Core and which shall be otherwise constructed and maintained
in conformity with all applicable State, County and municipal regulations
and requirements.
(l)
Adequate provision shall be made for the collection and disposal
and recycling of garbage, trash and solid waste generated by the PVC,
Planned Village Core, and such system shall be maintained in conformity
with all applicable State, County and municipal regulations and requirements.
(m)
Adequate provision shall be made for a system of interior roads
sufficient to accommodate predictable vehicular traffic within the
PVC, Planned Village Core and to ensure safe and efficient vehicular
access, including access of fire-fighting equipment to and from each
of the buildings within the PVC, Planned Village Core. The interior
thoroughfare network shall maintain connectivity to existing roadways,
White Lake Road and Route 15.
(n)
Maximum Building Size. No building shall be larger than 80,000
square feet.
[Ord. No. 12-01 § 4;
amended 2-23-2021 by Ord. No. 2021-01]
a.
Purpose: PDRM-1. The purpose of this zone is to allow for economic
development in the form of a planned development, which will provide
for a coordinated planned development of all the properties in the
proposed zone, and will supplement the Economic Development Zone in
a controlled manner. Uses in the zone should leverage the proximity
to major transportation routes including Route 15 and the railroad.
The planned development shall be consistent with the Municipal Land
Use Law provisions regarding planned developments.
b.
Principal Permitted Uses. The following uses are permitted in the
PDRM-1 District:
1.
Scientific, research and development laboratories.
2.
Office buildings.
3.
Indoor recreational uses including gymnastics, basketball, soccer,
and other similar uses.
4.
Outdoor recreation facilities.
5.
Public transportation facilities.
6.
Planned Economic Development. A planned development consistent with
the Municipal Land Use Law N.J.S.A. 50:55D-65c provisions for planned
developments including the following types of uses is a permitted
use within the Planned Development Resource Management-1 Zone.
d.
Accessory Uses.
1.
Those uses customarily incident to the above uses (i.e. storage buildings,
parking lots, etc.)
2.
Farm stands and sale of agricultural products on a lot not less than
five acres.
3.
Rail service to support permitted uses.
4.
Solar energy, battery storage and fuel cells.
5.
Electric vehicle charging stations.
e.
Prohibited Uses. Any use not specifically permitted is prohibited.
In addition, the following uses are specifically prohibited in the
PDRM-1 Zone:
1.
Gasoline service stations, automotive repair facilities, garages
and car washes.
2.
Any uses which directly or indirectly utilize materials listed in
N.J.A.C. 7:1E-Appendix A, including petroleum products that are regulated
but do not appear in Appendix A, shall be expressly prohibited. The
Planning Board may give approval of a process or material discouraged
in this Zone by a majority vote of the full membership of the Board
after a review by the Environmental Commission and public notification
of a discussion on the matter with specific reference to the process
or material. Such notification shall conform to the requirements of
variance notification. Use of de minimis quantities of hazardous materials
shall be allowed subject to explicit conditions and confirmation by
the applicant that there shall be no outside storage or disposal of
hazardous materials and no discharge of hazardous materials into the
sanitary wastewater system or septic system or onto the land.
f.
Required Standards. All principal permitted uses shall meet the following
minimum standards:
1.
Minimum Lot Area. A minimum lot area of 80,000 square feet.
2.
Maximum Building Height. No structure shall exceed 2-1/2 stories
or 35 feet except that rail dependent uses that use the railroad and
are located adjacent to a railroad or a rail siding shall have an
exception to allow a height of up to 2-1/2 stories and up to 56 feet
in height. This height exception of up to 56 feet in height shall
be limited to buildings located within 500 feet of the railroad or
rail siding.
3.
Front Yard. There shall be a front yard of not less than 100 feet.
Off-street parking areas as required shall be permitted in the front
yard, provided said area is at no point closer than 50 feet to any
adjoining street right-of-way line and 50 feet from residential zone
boundary line or any closer than 10 feet from the side of a building.
Parking areas shall be limited to a maximum of 25% at the front yard
area.
4.
Side Yard. There shall be two side yards, each of which shall be
no less than 30 feet. Parking as required may be permitted in the
side yards, provided no parking area is closer than 10 feet to any
building or 25 feet to any residential zone boundary line or street
right-of-way.
5.
Rear Yard. There shall be a rear yard of at least 50 feet. No building
shall be closer than 100 feet from any residential zone. The rear
yard may be used for off-street parking provided no parking area shall
be nearer than 10 feet to any building or 25 feet to any residential
zone boundary line or street right-of-way.
6.
Landscaping. Landscaping shall conform to the requirements of Subsection 18-5.3o of the design standards.
7.
Minimum Lot Width. The minimum lot width shall be 200 feet when measured
at the building setback line.
8.
Lot Area Ratio. Principal and accessory buildings shall not occupy
more than 25% of the lot area. Storage and parking areas shall not
occupy more than 25% of the lot area. However, rail dependent uses
that use the railroad and are located adjacent to the railroad or
rail siding may have a principal and accessory building coverage of
up to 45% and a storage and parking area coverage of up to 45% of
the lot area.
9.
Impervious Coverage. The total impervious coverage of any one lot
shall not exceed 40% of the total lot area. However a rail dependent
use that uses the railroad and is adjacent to a railroad or rail siding
may have a total impervious coverage up to 65% of the total lot area.
10.
New Industrial subdivisions shall maintain 125-foot front yard setback
for structures and parking from Houses corner Road, which shall be
properly landscaped with earth berms, trees, shrubs as approved by
the Board.
11.
Signs — Permitted Signs in the PDRM-1 Zone:
(a)
One freestanding sign may be permitted provided that the area
of the sign shall not exceed 48 square feet. Signs erected back to
back (double faced) are permitted. The freestanding sign shall be
set back at least 25 feet from the street right-of-way line and shall
not exceed 16 feet in height.
(b)
The maximum area of all signs on a lot shall not exceed 100
square feet.
(c)
Signs attached to a building are permitted provided the size
of any sign shall not exceed 3% of the area on which the sign is located.
The height of any said sign shall not exceed three feet and the length
shall not exceed 12 feet.
(d)
In conjunction with Subsection 18-5.3m3(t), as part of any subdivision in the PDRM-1 Zone, an overall sign plan shall be submitted for the entire development, as well as for individual lots where practical. This plan shall include details on directory sign(s), directional sign(s), address signs and individual tenant signs. There shall be a consistent design theme throughout the development.
(e)
For Sale/For Lease/For Rent Signs. One such sign to be placed
on the property is permissible provided that it does not exceed 32
square feet and a sign permit is obtained.
12.
Rail sidings and related loading structures and equipment proposed
within the PDRM-1 Zone District adjacent to the existing railroad
lines in Germany Flats shall be allowed to cross and protrude into
the setback area for purposes of reasonably accessing the rail service.
Such areas shall be located, however, at least 500 feet from any existing
residential property lines.
g.
Required Standards for Planned Economic Developments. All planned
economic developments shall meet the following minimum standards:
1.
Planned economic developments shall be consistent with the Municipal
Land Use Law requirements. Planned economic developments will be consistent
with the standards and intent set forth in this Code. As part of any
planned development, the applicant shall demonstrate and the Planning
Board shall find the following facts and conclusions:
(a)
That departures by the proposed development from zoning regulations
otherwise applicable to the subject property conform to the zoning
ordinance standards pursuant to Subsection 52c of this act;
(b)
That the proposals for maintenance and conservation of the common
open space are reliable, and the amount, location and purpose of the
common open space are adequate;
(c)
That provision through the physical design of the proposed development
for public services, control over vehicular and pedestrian traffic,
and the amenities of light and air, recreation and visual enjoyment
are adequate;
(d)
That the proposed planned development will not have an unreasonably
adverse impact upon the area in which it is proposed to be established;
(e)
In the case of a proposed development that contemplates construction
over a period of years, that the terms and conditions intended to
protect the interests of the public and of the residents, occupants
and owners of the proposed development in the total completion of
the development are adequate.
2.
Minimum Overall Tract Area. A minimum overall tract area of 10 acres
is required.
3.
The total impervious coverage on any one lot of planned development
in the PDRM-1Zone shall not exceed 40%.
4.
One-hundred-fifty-foot buffers from all residentially zoned properties.
If the Planning Board determines that inadequate vegetation or topography
exists within this buffer, then the following shall apply: Turf grass,
low growing evergreen plants or evergreen ground cover shall be planted
within 50 feet of the property line. Two staggered rows of evergreen
canopy trees which are not less than 10 feet high at the time of planting,
a minimum of two-inch caliper, spaced not more than 30 feet apart
and planted more than 50 feet from the property line. An earthen berm
shall be constructed within 150 feet of the property line, the height
and design shall be approved by the Planning Board.
5.
Rail sidings and related loading structures and equipment proposed
within the PDRM-1 Zone District adjacent to the existing railroad
lines in Germany Flats shall be allowed to cross and protrude into
the setback area for purposes of reasonably accessing the rail service.
Such areas shall be located, however, at least 500 feet from any existing
residential property lines.
6.
Any buffer areas included in the open space dedication shall be considered
common open space or publicly dedicated open space as part of the
planned development. Where rail sidings and related loading structures
and equipment are proposed within the PDRM-1 Zone District, such rail
sidings and related loading structures and equipment shall be allowed
to cross the buffer area for purposes of accessing regional rail service
as approved by the Board. Fencing, emergency and other access drives,
and utility lines and pipes shall be permitted to cross buffer areas
as approved by the Board.
7.
The uppermost portion of continuous areas of steep slopes shall be
buffered by 50 feet. This buffer shall be reserved for the planting
of vegetative material for screening purposes.
8.
Economic development uses and soil, sand and gravel removal uses
shall not utilize any hazardous materials and shall ensure that there
is no disposal or contamination of the land or septic systems, surface
water and/or ground water by the use or disposal of hazardous materials
on the property.
9.
Minimum Lot Area. A minimum lot area of 80,000 square feet shall
be required for lots within the PDRM-1 District.
10.
Maximum Building Height. No structure shall exceed a height of 2-1/2
stories and 45 feet except that rail dependent uses that use the railroad
and are located adjacent to the railroad or a siding shall have an
exception to allow a height of up to 2-1/2 stories and up to 56 feet
in height. This height exception of up to 56 feet shall be limited
to buildings located within 1,500 feet of the railroad or rail siding.
11.
Minimum Yards. The minimum front yard shall be 100 feet, the minimum
side yard shall be 50 feet, the minimum rear yard shall be 100 feet.
12.
No stormwater discharge pipes or stormwater flows shall be directed
to White Lake, Lake Grinnell or any streams draining to White Lake
or Lake Grinnell. Planned developments shall be designed to provide
for stormwater management and stormwater infiltration without any
stormwater overflows from the property in all twenty-four-hour storm
events at an average recurrence interval of 100 years or less.
h.
Vehicular Movement and Parking. Control of vehicular movement and
parking shall be provided according to the following standards.
1.
Principal vehicular access shall not be provided through the PDRM-2
Zone.
2.
All traffic generated from any planned development shall not be permitted
to turn left and proceed north on Houses Corner Road. Signage shall
be installed to prohibit left turns and these restrictions shall be
enforced as a site plan condition.
3.
On-site accessways, driveways, parking and loading facilities shall
be paved with all-weather dust-free surfaces or as approved by the
Planning Board.
4.
Proper sight lines shall be maintained at all intersections of public
streets. Measured along the centerline, there shall be a clear sight
triangle of 100 feet from the point of intersection measured along
each intersecting centerline in which no vegetation or other major
visual obstruction shall be permitted in the line of sight between
streets above the height of three feet above the grade of the intersecting
streets. Accessways may not be located within 100 feet of an intersection
and shall enter a public street at no less than 90° plus or minus
10° acute angle to the public street centerline.
5.
For private access ways, a clear sight triangle measurement of 50
feet along the intersecting center lines shall be maintained as required
above. Each accessway shall not be more than 35 feet in width measured
at right angles to the centerline of the accessway, except as increased
by necessary curb return radii. Accessways may not be located within
100 feet of an intersection, and shall enter a public street at no
less than 90°, plus or minus 10° acute angle to the public
street centerline.
6.
Except wherein conflict with the five subsections above in which case these subsections shall control, the standards of Subsection 18-5.3h shall apply.
7.
Where a proposed use or building requires significant material handling
a suitable loading dock shall be constructed and such loading areas
should be constructed and such loading areas shall be screened from
view from a public right-of-way.
i.
Prior to the issuance of a certificate of occupancy (C.O.), each
new use or change in use in the Planned Development Resource Management-1
(PDRM-1) Zone shall be required to receive use approval from the Planning
Board to ensure compliance with the provisions of this section and
site plan ordinance standards.
[Ord. No. 12-01 § 4; Ord. No. 12-04; Ord. No.
13-13]
a.
Purpose: PDRM-2. The purpose of this zone is to allow planned developments
within the district while simultaneously protecting the natural resources,
and limiting impacts to the surrounding residential neighborhoods.
Permitted uses in the PDRM-2 will be limited to protect the residential
character of the neighboring uses. Any economic development must be
part of a planned development and must provide adequate buffers to
the adjacent residential neighborhoods. Special care shall be taken
to protect area land uses from any negative impacts of the potential
economic development.
b.
Permitted Planned Development Uses. A planned development consistent
with the Municipal Land Use Law N.J.S.A. 50:55D-65c provisions for
planned developments including the following uses is a permitted use
within the Planned Development Resource Management-2 Zone:
1.
Office buildings.
2.
Data centers.
3.
Indoor recreational uses including gymnastics, basketball, soccer,
and other similar uses.
4.
Outdoor recreation facilities.
5.
Solar energy farms.
6.
Golf courses.
7.
Agricultural uses.
8.
Equestrian centers
9.
Public parks.
10.
Soil removal operations.
11.
Storage buildings, warehouses and distribution centers.
e.
Prohibited Uses. Any use not specifically permitted is prohibited.
In addition, the following uses are specifically prohibited in the
PDRM-2 Zone:
1.
Gasoline service stations, automotive repair facilities, garages
and car washes.
2.
Any uses which directly or indirectly utilize materials listed in
N.J.A.C. 7:1E-Appendix A, including petroleum products that are regulated
but do not appear in Appendix A, shall be expressly prohibited. The
Planning Board may give approval of a process or material discouraged
in this zone by a majority vote of the full membership of the Board
after a review by the Environmental Commission and public notification
of a discussion on the matter with specific reference to the process
or material. Such notification shall conform to the requirements of
variance notification. Use of de minimis quantities of hazardous materials
shall be allowed subject to explicit conditions and confirmation by
the applicant that there shall be no outside storage or disposal of
hazardous materials and no discharge of hazardous materials into the
sanitary wastewater system or septic system or onto the land.
f.
Required Standards for Planned Economic Development. All planned
economic developments shall meet the following minimum standards:
1.
Planned economic developments shall be consistent with the Municipal
Land Use Law requirements. Planned economic developments will be consistent
with the standards and intent set forth in this Code. As part of any
planned development, the applicant shall demonstrate and the Planning
Board shall find the following facts and conclusions:
(a)
That departures by the proposed development from zoning regulations
otherwise applicable to the subject property conform to the zoning
ordinance standards pursuant to Subsection 52c of the act;
(b)
That the proposals for maintenance and conservation of the common
open space are reliable, and the amount location and purpose of the
common open space are adequate;
(c)
That provision through the physical design of the proposed development
for public services, control over vehicular and pedestrian traffic,
and the amenities of light and air, recreation and visual enjoyment
are adequate;
(d)
That the proposed planned development will not have an unreasonably
adverse impact upon the area in which it is proposed to be established;
(e)
In the case of a proposed development that contemplates construction
over a period of years, that the terms and conditions intended to
protect the interests of the public and of the residents, occupants
and owners of the proposed development in the total completion of
the development are adequate.
2.
Minimum acreage of 60 acres within the PDRM-2 District which may
or may not consist of contiguous lots.
3.
No stormwater discharge pipes or stormwater flows shall be directed
to Lake Grinnell, White Lake or any streams draining to Lake Grinnell
or White Lake. Planned Developments shall be designed to provide for
stormwater management and stormwater infiltration without any stormwater
overflows from the property in all twenty-four-hour storm events at
an average recurrence interval of 100 years or less.
4.
The impervious coverage on any planned development in the PDRM-2
zone shall be no greater than 3% of the total tract on which the planned
development is proposed. Planned developments on any lots within the
PDRM-2 zone shall provide for open space of at least 55% of the planned
development tract but not less than 88 acres of forest to minimize
the impact to the contiguous area of core forest. The open space shall
include all existing trees and vegetation currently located on said
percentage of the planned development tract. The open space shall
be dedicated to either a qualified open space organization or the
Township of Sparta pursuant to the open space provisions of the Municipal
Land Use Law N.J.S.A. 40:55D-43. If the land is dedicated to the Township
of Sparta on an incentive provision, it may be utilized by the planned
development applicant to increase the impervious coverage from 3%
to 5%. If the planned development voluntarily provides for affordable
housing to the satisfaction of the Board and the Township Council,
then the impervious coverage may be increased to 7%.
5.
150-foot buffers from all residentially zoned properties. If the
Planning Board determines that inadequate vegetation or topography
exists within this buffer, then the following shall apply: Turf grass,
low growing evergreen plants or evergreen ground cover shall be planted
within 50 feet of the property line. Two staggered rows of evergreen
canopy trees which are not less than 10 feet high at the time of planting,
a minimum of two-inch caliper, spaced not more than 30 feet apart
and planted more than 50 feet from the property line. An earthen berm
shall be constructed within 150 feet of the property line, the height
and design shall be approved by the Planning Board.
6.
The uppermost portion of continuous areas of steep slopes shall be
buffered by 100 feet. This buffer shall be reserved for the planting
of vegetative material for screening purposes as determined by the
Planning Board.
7.
Economic development uses and soil, sand and gravel removal uses
shall not utilize any hazardous materials and shall ensure that there
is no disposal or contamination of the land or septic systems, surface
water and/or ground water by the use or disposal of hazardous materials
on the property.
8.
Minimum Lot Area. A minimum lot area of six acres shall be required
for individual lots created as part of a Planned Development.
9.
Maximum Building Height. No structure shall exceed a height of 2 1/2
stories and 45 feet.
10.
Minimum Yards. The minimum front yard shall be 100 feet, the minimum
side yard shall be 50 feet, the minimum rear yard shall be 100 feet.
11.
Principal and accessory buildings shall not occupy more than 8% of
the lot area, uncovered storage and parking areas shall not occupy
more than 12% of the lot area, and the total impervious coverage shall
not exceed 15% of the lot area. In a planned development of more than
250 acres, principal and accessory buildings shall not occupy more
than 15% of the lot area, uncovered storage, and parking areas shall
not occupy more than 15% of the total lot area, and the total impervious
coverage shall not exceed 25% of the lot area.
12.
Signs — Permitted Signs in the PDRM-2 Zone.
(a)
One freestanding sign may be permitted provided that the area
of the sign shall not exceed 48 square feet. Signs erected back to
back (double faced) are permitted. The freestanding sign shall be
set back at least 25 feet from the street right-of-way line and shall
not exceed 16 feet in height.
(b)
The maximum area of all signs on a lot shall not exceed 100
square feet.
(c)
Signs attached to a building are permitted provided the size
of any sign shall not exceed 3% of the area on which the sign is located.
The height of any said sign shall not exceed three feet and the length
shall not exceed 12 feet.
(d)
In conjunction with Subsection 18-5.3m3(t), as part of any subdivision in the PDRM-2 Zone, an overall sign plan shall be submitted for the entire development, as well as for individual lots where practical. This plan shall include details on directory sign(s), directional sign(s), address signs and individual tenant signs. There shall be a consistent design theme throughout the development.
(e)
For Sale/For Lease/For Rent Signs. One such sign to be placed
on the property is permissible provided that it does not exceed 32
square feet and a sign permit is obtained.
g.
Vehicular Movement and Parking. Control of vehicular movement and
parking shall be provided according to the following standards:
1.
Soil removal, storage buildings, warehouses and distribution center
uses shall be accessed through the PDRM-1 Zone via an internal road
except for an initial phase of soil removal. An initial phase of soil
removal may be approved with a driveway accessing Houses Corner Road
and shall comply with the following conditions:
(a)
The area of operations for excavation shall not exceed a total
of five acres.
(b)
Total soil removal may not exceed 50,000 tons per year for no
more than three years and one three-year extension which may be granted
by the Planning Board after the second year but before the end of
the initial three year period.
(c)
Soil removal activities shall be conducted between the hours
of 8:00 a.m. and 4:00 p.m., Monday through Friday and shall not be
conducted on the following holidays: (1) New Year's Day; (2) Memorial
Day; (3) Independence Day; (4) Labor Day; (5) Thanksgiving Day; (6)
Christmas Day.
(d)
Tree removal shall not impact areas of core forest.
(e)
Shall comply with all applicable standards set forth in Subsection
I of this subsection.
2.
All traffic generated from any planned development shall not be permitted
to turn left and proceed north on Houses Corner Road. Signage shall
be installed to prohibit left turns and these restrictions shall be
enforced as a site plan condition.
3.
On-site accessways, driveways, parking and loading facilities shall
be paved with all-weather dust-free surfaces or as approved by the
Planning Board.
4.
Proper sight lines shall be maintained at all intersections of public
streets. Measured along the centerline, there shall be a clear sight
triangle of 100 feet from the point of intersection measured along
each intersecting centerline in which no vegetation or other major
visual obstruction shall be permitted in the line of sight between
streets above the height of three feet above the grade of the intersecting
streets. Accessways may not be located within 100 feet of an intersection
and shall enter a public street at no less than 90° plus or minus
10° acute angle to the public street centerline.
5.
For private accessways, a clear sight triangle measurement of 50
feet along the intersecting center lines shall be maintained as required
above. Each accessway shall not be more than 35 feet in width measured
at right angles to the centerline of the accessway, except as increased
by necessary curb return radii. Accessways may not be located within
100 feet of an intersection, and shall enter a public street at no
less than 90°, plus or minus 10° acute angle to the public
street centerline.
6.
Except wherein conflict with the three subsections above in which case these subsections shall control, the standards of Subsection 18-5.3h shall apply.
7.
Where a proposed use or building requires significant material handling
a suitable loading dock shall be constructed and such loading areas
should be constructed and such loading areas shall be screened from
view from a public right-of-way.
h.
Prior to the issuance of a certificate of occupancy (C.O.), each
new use or change in use in the Planned Development Resource Management-2
(PDRM-2) Zone shall be required to receive use approval from the Planning
Board to ensure compliance with the provisions of this section and
site plan ordinance standards.
i.
Required Standards for Soil Removal Operations as Part of a Planned
Development. In addition to the standards for planned developments
provided in the Municipal Land Use Law, the removal of soil as part
of a planned development conducted independently or conducted in conjunction
with other permitted use shall adhere to the following standards:
1.
The applicant for a soil removal use shall submit and obtain site
plan approval from the Board of the proposed soil removal and a preliminary
site plan showing the final grading and future use of the property
for the planned development and the soil removal plans shall be designed
to cut and grade the property to form the final grading of the planned
development uses.
2.
An application to the Planning Board shall be accompanied by a map
or maps showing existing contour lines at two-foot intervals, an aerial
photograph of the site, proposed contour lines at two-foot intervals
after removal of the soil, and existing structures on the subject
premises and within 200 feet of the property, location of top soil
storage areas, methods of controlling silting of downstream properties.
The application shall also indicate the total number of cubic yards
to be removed and the length of time within which the proposed operation
shall be completed. Where a total project is not capable of being
completed within five years, it shall be broken down into sections,
each section shall be completed within five years.
3.
Soil removal activities shall not result in the creation of a lake,
pond, hole, pit or similar type of depression, except for as needed
for the control and management of stormwater and sediment as approved
by the Board.
4.
The owner or person in charge shall so conduct the operation that
there shall be no sharp declivities, pits or depressions, and in such
manner that the area shall be properly leveled off, cleared of debris,
including boulders and graded to conform with the contour lines and
grades as required and shown on the approved plan.
5.
Arable soil within eight inches of the surface shall not be removed
from the premises but promptly on completion of operations, or as
otherwise directed by the Planning Board, the arable soil so retained
shall be respread on the surface as uniformly as possible and seeded
with winter rye or other suitable planting. If the soil within eight
inches of the top is not arable soil, arable soil must be spread thereon
promptly when the operation is completed in each such area. Provisions
must be made for adequate drainage after the top soil is replaced.
In addition to the above, a landscaping plan will be provided to return
the land to a suitable state.
6.
Soil removal shall not be deposited or in any way thrown or placed
upon adjoining property or public roads. Any soil or material resulting
from any such operation accumulating on any adjoining property or
public road shall be removed therefrom immediately upon notice by
the Construction Official or other designated official to the owner
of such accumulation.
7.
All operations shall be conducted in strict accordance with any State
law or other ordinances of the Township and the terms and conditions
of any approval granted for such operations.
8.
The operation shall be so conducted as not to constitute a nuisance
to adjoining owners or the Township and in no event shall said operation
create any hazardous or unsafe conditions with regard to any person
or persons.
9.
Upon completion of an operation or of excavation from an area delineated
on the approved plan, said area shall be properly leveled off, cleared
of debris, graded to conform to the contours and grades as approved
by the Planning Board and trees planted in accordance with the plan
approved by the Planning Board. All roads which may have been damaged
shall be returned to their original condition.
10.
While working an area, the working face of the excavation shall not
exceed 60° from the horizontal, nor shall a face have a vertical
height exceeding 30 feet. Any face not currently being worked on shall
not exceed 30° from the horizontal. Where an excavated area adjoins
a public road or road which has been dedicated to the public, no excavation
shall be made below the level of the road for a distance of 100 feet
from the right-of-way of said road except in such instances where,
on the low side of the road, the removal of material would not substantially
alter the general terrain characteristics. Where an excavated area
is within 50 feet of any building, the finished grade thereof shall
not exceed 10% or be less than 2%. In any event, no finished grade
shall exceed 10% or be less than 2%. Care should be taken so that
there shall be no diversion of surface water either during the operation
or after the project is complete.
11.
No trash, garbage, junk or debris may be stored on the subject property
and no safety hazards will be permitted, either during or after the
completion of operations. There shall be no burning of combustible
debris resulting from said soil operation.
12.
Each operator shall annually furnish a progress report to the Township
Engineer, the first of which shall be submitted nine months after
approval of the application, which shall Consist of a sketch map at
a scale of one inch to 100 feet showing contours at two foot intervals,
retained arable soil, equipment, the areas where soil was removed,
the location of water supply and disposal facilities, and drainage
facilities, prepared and certified by a licensed professional engineer.
13.
Hours of operation shall be limited to the following: 8:00 a.m. to
5:00 p.m., Mondays through Fridays, except between Memorial Day weekend
through Labor Day weekend, when operations shall occur only 8:00 a.m.
to 5:00 p.m. on Tuesdays, Wednesdays, and Thursdays, with no operations
during the week of July 4 (if July 4 falls on a Saturday, there will
be no operations the prior five days; if July 4 falls on a Sunday,
there will be no operations the following five days). Additionally,
operations shall not be conducted on New Year's Day, Thanksgiving
Day, and Christmas Day.
14.
In order to minimize the possibility of mud slides or drainage of
silt, the area of operations for excavation shall not exceed a total
of five acres at any one time without a replacement of top soil and
reseeding of the premises unless otherwise permitted by the Township
for good cause shown.
15.
Upon the completion of work in any specific area, all respreading
of arable soil and reseeding as required by this chapter shall be
completed within 60 days thereafter; except that, if the completion
of work in an area occurs during the winter months when it would not
be practicable to respread top soil and reseed same, such work shall
be completed within such additional time as may be specified by the
Township.
16.
The soil removal use shall not excavate below the grade of the site
plan of the planned development use and shall not excavate to an elevation
lower than 20 feet above the seasonal high water table. At least 20
feet of native soil shall be maintained above the seasonal high water
table for water quality protection. The vertical buffer may be reduced
to no less than 20 feet.
17.
All soil removal activities shall be 300 feet from all residentially
zoned properties. If the Planning Board determines that inadequate
vegetation or topography exists within this buffer, then the following
shall apply: turf grass, low growing evergreen plants or evergreen
ground cover shall be planted within 50 feet of the property line.
Two staggered rows of evergreen canopy trees which are not less than
10 feet high at the time of planting, a minimum of two-inch caliper,
spaced not more than 30 feet apart and planted more than 50 feet from
the property line. An earthen berm shall be constructed within 150
feet of the property line. An eight-foot high security fence shall
be installed within 250 feet of the property line.
18.
Soil removal activities may encroach to within 100 feet of other
PDRM-2 zoned properties. This buffer may be reduced to zero provided
there is an internal road through the PDRM-1 Zone.
19.
All soil removal activities must be conducted a minimum of 300 feet
from any water body.
20.
Soil removal activities shall be surrounded by security fencing located
at the interior limits of any required setbacks.
21.
All enhanced (vegetative or earthen berms) buffers and fencing must
be in place prior to the commencement of soil removal activities.
22.
Soil removal end uses may reduce the soil removal enhanced buffer
to 150 feet from residentially zoned properties.
23.
Any buildings, structures, and pavement areas associated with sand
and gravel removal shall conform with the bulk, area and related dimensional
requirements of the PDRM District, except that equipment (whether
fixed to the ground or mobile) which is related to the sand and gravel
removal operation shall be allowed to exceed the maximum building
height limit by up to 30 feet.
24.
The soil extraction and removal site plan shall specify the equipment
that may be used and the applicant shall demonstrate that the use,
operations, and performance of the use and equipment will comply with
the ordinances of the Township of Sparta and all statutes and regulations
of the United States of America and the State of New Jersey.
25.
The soil removal activities shall not include any blasting of rock,
removal of consolidated rock or crushing or processing of rock.
26.
Any of the conditions or regulations contained herein may be modified
or waived by the Planning Board under the following conditions:
(a)
Where the applicant can show undue hardship by reason of topography,
grade or other special conditions; or
(b)
Where clear evidence is presented showing that the imposition
of such requirements would be detrimental to the public interest;
or
(c)
Where it can be shown that the intended purpose of the Township
in establishing such requirements can be achieved through other means;
or
(d)
Where the data required is obtainable or available to the Township
from other sources; or
(e)
Where it can be demonstrated that the financial costs to the
applicant or owner in order to meet said requirements would impose
an undue burden or hardship in comparison to the volume of business
being conducted, provided said volume is equal to or less than 75
cubic yards in any two-year period.
27.
Upon action to the Planning Board pursuant to the provisions of this
section, the applicant shall pay a fee to cover the cost of the initial
review of the proposed soil removal operation as stipulated in the
Revised Ordinances of the Township of Sparta entitled "Fees and Costs."
Upon approval of any application, the applicant shall pay a permit
fee as follows:
(a)
Up to and including 500 cubic yards — $50.
(b)
Above 500 cubic yards — $100 plus a sum computed at a
rate of $0.03 per cubic yard multiplied by the number of cubic yards
to be removed.
|
These fees will cover the additional costs of the Township for
inspectors as well as any additional or extraordinary costs or expenses
necessitated by operation.
|
28.
Upon approval of the application, the applicant shall file and maintain
a bond in form and with surety approved by the Township Attorney in
such amount as in the opinion of the Township Engineer shall be sufficient
to insure the faithful performance of the work to be undertaken pursuant
to the conditions of the approval and the terms thereof. The bond
shall be in an amount of not less than $6,000 per acre of land which
is actually being worked in accordance with the approved plan. Said
bond shall cover the respreading of top soil as required by the provisions
of this section and also final provisions for drainage of the site
and grading to final contour. This bond may be increased from time
to time where, in the opinion of the Township Engineer, conditions
and price increases warrant such increases.
29.
The amount of any performance bond or guarantee may be reduced when
portions of the improvements or works have been completed, upon recommendation
of the Township Engineer.
30.
When all required performance has been completed, the obligor shall
notify the Township Manager or his designee in writing by certified
or registered mail of the completion thereof and shall send a copy
thereof to the Township Engineer. The Township Manager or his designee
shall authorize the Township Engineer to inspect the site to determine
that all requirements of the approved plan have been carried out.
The Township Engineer shall thereupon file a report in writing with
the Township Manager which shall be detailed and shall recommend approval,
partial approval or rejection. If the work covered by the bond or
performance guarantee or any portion thereof shall not be approved,
or shall be rejected by the Township Engineer, said report shall contain
a statement of reasons for such nonapproval or rejection. Where said
rejection indicates partial approval of said improvements of works,
it shall indicate the costs of the work for which approval is denied.
The Township Manager shall accept or reject the work, grant partial
approval or withhold approval on the basis of such report and shall
notify the obligor in writing by certified or registered mail of the
contents of said report and the action of the Township Manager with
relation thereto not later than 90 days after receipt of notice from
the obligor of the completion of the work. Where partial approval
is granted, the obligor shall be released from all liability pursuant
to his performance guaranty bond except for that portion sufficient
to secure the work not yet approved.
31.
After reasonable notice and an opportunity to be heard before the
Planning Board, an application may be revoked or suspended for such
period as the Board may determine for any violation of the terms hereof
or the terms and conditions of any plan approved hereunder.
32.
In addition to an action on the bond or guarantee, or the revocation
of approval provided for herein, any person who violates this chapter,
or any director or officer who permits or participates in a violation
of this chapter or the conditions of the approval shall, upon conviction
thereof, be subject to a fine not exceeding $1,250 or imprisonment
not exceeding 90 days or both in the discretion of the judge before
whom such conviction is had. Each day that a violation continues shall
be considered a separate and distinct violation hereof.
[Ord. No. 2016-21 § 4]
a.
Purpose and General Requirements for All Uses in TCMSB Zone. The TCMSB Zone is a district in which professional office, specialty retail, service uses, multifamily residential uses and mixed uses of any permitted uses are allowed. Site plans and building shall be designed in a manner that will preserve and mimic the rural and historic character of the area and the Township, preserve the tax base of the Township and promote the viability of the existing and future commercial areas in the central business district, promote the public health, safety, morals and general welfare, provide adequate open space and preserve environmentally sensitive lands such as freshwater wetlands, transition areas, severe slopes and woodlands, promote development in harmony with the existing Town Center by maintaining the scale, form and proportions of the adjacent and nearby R-4 and the Town Center Zones. The TCMSB Zone, therefore, promotes the establishment of appropriate office, service uses, specialty retail, multifamily residential uses and mixed uses of permitted uses at appropriate locations in accordance with their respective environmental requirements. The TCMSB Zone promotes a desirable visual environment through creative development techniques including unified design, conservation of open space and prevention of urban sprawl. Demolition or partial demolition of any structures in the TCMSB Zone shall comply with Subsection 18-4.2 regarding Historic Preservation. A primary consideration in reviewing the suitability of a proposed use is preservation of the character of the existing buildings within the zone to accomplish the following goals of the Township of Sparta:
1.
To preserve the resources within the Main Street corridor which reflect
the elements of the architectural history.
2.
To encourage the continued use of the existing buildings and to encourage
appropriate reuse.
3.
To maintain the character of the neighborhood and architecturally
significant buildings.
4.
To manage change by preventing alteration or new construction not
in keeping with the zone.
5.
To discourage the unnecessary demolition of historic resources and
to encourage renovations and modifications and additions on new structures
which preserve front facades and streetscape appearance.
b.
Principal Permitted Uses.
1.
Professional offices.
2.
Specialty retail.
3.
Public buildings and uses.
4.
Cafes/Restaurants without drive through service.
5.
Studios/Galleries.
7.
Multifamily units with mixed uses (mixes of multifamily with other
permitted or conditional uses) in existing buildings or additions
and new buildings.
8.
Shared parking with interconnected driveways. Shared parking arrangements
may be approved by the Board to waive or defer implementation of parking
spaces based on demonstrations to the Board of adequate parking spaces
on site or off site.
9.
Houses of worship and churches.
c.
Conditional Uses. The following uses are permitted as conditional uses within the TCMSB Zone subject to site plan approval and consideration of the impact of said use on the neighborhood as outlined in Section 18-4.7c, Application for a Permitted Conditional Use.
1.
Essential services pursuant to standards set forth in Subsection
18-4.7c18.
e.
Prohibited Uses.
1.
Uses which are not permitted uses, conditional uses or accessory
uses are hereby prohibited.
2.
Beauty salons, hair cutting, and nail salons.
3.
Fueling stations and automobile services.
4.
Tattoo parlors.
5.
Dry cleaners.
6.
Motorized vehicle dealerships.
7.
Convenience stores.
8.
Discount stores.
f.
Required Standards.
1.
Height. The height of a principal structure shall not exceed 45 feet
or 3 1/2 stories, whichever is less. Existing structures with
height greater than 35 feet or 2 1/2 stories may be modified
or enlarged with the same height as the existing height. Conversions,
additions and new buildings containing one or more affordable units
may be up to 3 1/2 stories high and up to 45 feet in height.
2.
Front Yard. There shall be a front yard of not less than 25 feet.
3.
Side Yard. There shall be two side yards which shall not be less
than 15 feet each. When the lot in question is a corner lot, the side
yard adjoining the side street shall conform to the front yard setback.
4.
Rear Yard. There shall be a rear yard of at least 50 feet.
5.
Land Coverage. The maximum land area to be covered by all impervious
surfaces shall not exceed 15% of the total site area for properties
served by a septic system, and 40% for properties connected to the
Sparta sewer and water systems. If the lot is connected to the Sparta
water and sewer system and provides at least one affordable housing
unit, the impervious coverage may be increased to 50% as an incentive
to the mandatory set aside for affordable housing. Impervious coverage
may be increased up to 60% if two units of affordable housing are
provided on site.
6.
Minimum Frontage. Minimum frontage at the right-of-way line shall
be 75 feet. Minimum lot width at the building line shall be 100 feet.
Minimum frontage on the turnaround at the end of a permanent cul-de-sac
shall be 65 feet and the minimum width at the building line shall
be 85 feet.
7.
Single family residential structures constructed prior to October
1, 1992 may be expanded provided the structure conforms to the required
yard setback requirements of the R-4 Zone and may be rebuilt if totally
or partially destroyed.
8.
Streetscape. All properties with frontage on Main Street, the connector
and parallel service road to Main Street shall provide streetscape
improvements consistent with the Town Center Master Plan including
but not limited to the following:
9.
New office, service, specialty retail, and multifamily units with
mixed uses shall include features to promote harmony with the character
of the existing Town Center scale, form, and proportions of the Town
Center Zones. Building additions, renovations and alterations shall
have a historic character consistent in appearance with the goals
of 1997 Town Center Master Plan Amendment.
10.
New buildings or conversions of existing buildings may also have
mixed uses of multifamily units with office and/or specialty retail
uses. The number of multifamily units may be up to six dwelling units
per acre provided 20% of the units are affordable units in accordance
with the Township's Affordable Housing Ordinances, COAH rules and
the New Jersey Uniform Affordable Housing Controls (UHAC) rules and
at least 13% of affordable units shall be affordable to very low income
households.
11.
New construction must connect to available infrastructure.
12.
Distance between unattached buildings shall not be closer than 30
feet to any other building situated on the same lot.
13.
More than one principal building and use are allowed on the same
lot.
[Ord. No. 772 § XVII]
All subdivisions and site plans shall meet the following standards.
[Ord. No. 636 A 501, 502; Ord. No. 649; Ord. No.
665; Ord. No. 691 § XXI; Ord. No. 841 §§ XLIV,
XLV]
a.
Severely Restricted Lands. No buildings shall be permitted in lands
which are classified as severely restricted. Severely restricted lands
are described as follows:
1.
Severely restricted lands contain soils subject to flooding in a
storm classified as 100-year frequency by the State of New Jersey
(N.J.S.A. 58:16A-1 et seq. 1966) or by the United States Army, Corps
of Engineers; also included are soils with a seasonal high water table
at or near the surface as observed during field investigation or as
denoted in the Soil Conservation Service Soils Interpretation for
Sussex County, New Jersey, including but not limited to the following
soil series:
|
Soil Series
|
Depth of Water Table
|
|---|---|
|
Alluvial land
|
Frequent flooding
|
|
Atherton loam
|
Seasonal high water table at surface
|
|
Carlisle muck
|
Frequent flooding
|
|
Fredon loam
|
0-1 foot
|
|
Halsy loam
|
Seasonal high water table at surface
|
|
Livingston silty clay loam
|
Seasonal high water table at surface
|
|
Lyon silt loam
|
Seasonal high water table at surface
|
|
Norwich silt loam
|
Seasonal high water table at surface
|
|
Preakness
|
Seasonal high water table at surface
|
|
Raynham silt loam
|
0 to 1 1/2 feet
|
|
Sloan & Wayland silt loam
|
Frequent flooding
|
|
Swamp
|
Seasonal high water table at surface
|
|
Whitman extremely stony sandy loam
|
Seasonal high water table at surface
|
2.
Slopes 25% or greater shall also result in a severely restricted
classification.
3.
If 40% or more of a unit coverage area contains least or moderately
restricted land conditions, the unit shall be considered to be located
within moderately restricted lands. The slope conditions shall be
determined based on topographic information at two-foot contour intervals
obtained from aerial survey information or field measurements.
4.
A developer of a tract of land with least, moderate and/or severe
land classification may not transfer permitted density from isolated
least and moderate land areas on a single tract to the primary building
area on the same tract without the expressed approval of the Planning
Board.
b.
Moderately Restricted Lands. Building coverage within moderately
restricted lands shall not exceed 15% of the total moderate and severely
restricted land. Moderately restricted lands are described as follows:
1.
Moderately restricted lands contain soils subject to a seasonal high
water table within one to three feet of the surface as observed during
field investigation or as denoted in the Soil Conservation Service
Soils Interpretation of Sussex County, New Jersey, including but not
limited to the following soil series:
|
Soil Series
|
Depth of Water Table
|
|---|---|
|
Braceville gravelly sandy loam
|
1 1/2 to 3 feet
|
|
Hero loam
|
1 1/2 to 3 feet
|
|
Hibernia
|
1/2 to 1 1/2 feet (perched)
|
|
Middlebury loam
|
1 1/2 to 2 1/2 feet
|
|
Pompton fine sand loam
|
1 to 2 feet
|
|
Wurtsboro gravelly loam
|
1 1/2 to 2 1/2 feet
|
2.
Moderately restricted lands shall also include land with soils considered
to have a shallow bedrock of a depth of zero to 3.5 feet below the
surface as observed during field investigation or as denoted in the
Soil Conservation Service Soils Interpretation of Sussex County, New
Jersey. Moderately restricted lands shall include but are not limited
to the following soil series:
|
Soil Series
|
Depth to Repack
|
Percent of Outcrop
|
|---|---|---|
|
Nassau rocky silt loam
|
1 to 1 1/2 feet
|
—
|
|
Nassau rock outcrop complex
|
—
|
15 to 25%
|
|
Oquaga extremely stony loam
|
2 to 3 1/2 feet
|
—
|
|
Oquaga rock outcrop association
|
—
|
10 to 20%
|
|
Rockaway rock outcrop association
|
—
|
25 to 40%
|
|
Rock outcrop Nassau association
|
—
|
30 to 60%
|
|
Rock outcrop Rockaway association
|
—
|
70 to 90%
|
|
Rock outcrop Oquaga
|
—
|
40 to 60%
|
|
Wassaic silt loam
|
1 1/2 to 3 1/2 feet
|
—
|
|
Wassaic rock outcrop association
|
—
|
20 35%
|
3.
In addition, areas with forest coniferous or mixed forest as delineated
on Map No. 5 of the Master Plan and confirmed by site investigation,
or slope conditions of 15% to 24%, shall result in moderately restricted
classification.
4.
If 40% or more of a unit coverage area contains least restricted
lands, the unit shall be considered to be located within least restricted
lands. The slope conditions shall be determined based on topographic
information at two-foot contour intervals obtained from aerial survey
information or field measurements.
5.
A developer of a tract of land with least, moderate and/or severe
land classification may not transfer permitted density from isolated
least and moderate land areas on a single tract to the primary building
area on the same tract without the expressed approval of the Planning
Board.
c.
Least Restricted Lands. Least restricted lands do not exhibit most of the restrictions for severely restricted, Subsection a, and moderately restricted lands, Subsection b. They represent sites with the least natural restrictions upon development.
A developer of a tract of land with least, moderate, and/or
severe land classification may not transfer permitted density from
isolated least and moderate land areas on a single tract to the primary
building area on the same tract without the expressed approval of
the Planning Board.
d.
Underground Aquifers, Aquifer Recharge Areas and Surface Water Bodies.
1.
Sewage effluent disposal systems other than individual inground septic shall be designed and constructed to meet the standards set forth in Subsection 18-5.3 and shall be consistent with the approved wastewater management plan to minimize adverse environmental impacts on surface and subsurface water resources.
2.
Impervious cover in areas designed as prime aquifers or aquifer recharge
areas by the Subsurface Geology Map of Sparta Township shall be kept
to a minimum. In addition, a storm water drainage system that promotes
the recharge of water into these systems shall be designed.
3.
Soil erosion and sedimentation control measures and techniques shall
be designed and constructed so that during the construction phases
and into the post construction phases of the project, sedimentation
and siltation of existing water surface bodies will be kept to a minimum.
e.
Scenic and Historic Resources.
[Ord. No. 636 A 503; Ord. No. 649; Ord. No.
665; Ord. No. 691 § XXII]
a.
Official Road Map. (Reserved for future use).
b.
Municipal Infrastructure. It is the goal of the Township that impacts of new developments on public facilities such as the transportation systems, drainage systems, pedestrian networks, educational facilities, recreational facilities, water systems, sewage disposal systems, and other publicly provided systems, services and facilities will be either within the carrying capacity of these systems or that the development will contribute their pro rata share for improvements or the upgrading of the facility. The Official Map, the Master Plan and the Capital Improvement Program of Sparta Township delineate planned system, facility and service carrying capacity improvements. These documents should be used to evaluate developer contributions and development constraints. Additional carrying capacity improvements may be necessitated by development proposals and these will be carefully evaluated before development proposals are approved. The following items describe critical public facilities and methods by which the Township and applicant will evaluate development proposals. (See also Subsection a.)
1.
Traffic. The peak hour traffic generation should be calculated for
the development in question. Once this is done, these numbers should
be added to traffic counts for the critical intersections affected
by the development and a determination of impact upon the carrying
capacity of the critical intersections and roadways determined. Any
planned improvements for new improvements necessitated by the development
should be costed out by the applicant and pro rated share determined
by ratio of existing traffic to post development traffic.
2.
Schools. The number of school children generated by the application
must be looked at in relationship to the carrying capacity of the
school facilities available. Bus routes, student pick up points and
walking districts must be evaluated.
3.
Storm Water. Storm water calculation methods and design standards are contained in Subsection 18-5.3f, Design Standards, Storm Drainage. Down stream impact calculations are essential and the capacity of down stream drainage structures or natural systems to handle increased storm water runoff are essential.
4.
Pedestrian Network. Both external and internal pedestrian flows must be calculated as to safety and provisions made for convenient pedestrian circulation. (See Subdivision and Site Plan Standards, Subsection 18-5.3e).
5.
Recreational Facilities. Resident needs for recreation and social
intercourse must be planned for and considered in development proposals.
Association meeting places, tot lots, passive and active recreation
areas all must be considered and may be required by the Township on
a reasonable pro rata share basis for each developer.
[Ord. No. 636 A 504; Ord. No. 649; Ord. No.
664; Ord. No. 691 §§ XXIII — XXVII; Ord. No.
697 § 1; Ord. No. 714 §§ I, II; Ord. No. 720 § XI; Ord. No. 744 § 1; Ord. No. 750 § 6; Ord. No. 758 §§ I —
IV; Ord. No. 841 § XLVI; Ord. No. 878 § 4; Ord. No. 1003 § 4; Ord.
No. 02-20 §§ 16, 17; Ord. No. 04-05 § 19; Ord. No. 06-13 § 2; Ord.
No. 07-26 §§ 2, 3]
a.
Blocks.
1.
Block length and width or acreage within bounding roads shall be
such as to accommodate the size of the lot required by the Zoning
Ordinance and to provide adequately for sewage disposal and convenient
access, circulation, control and safety of street traffic.
2.
Pedestrian sidewalks and crosswalks may be required in locations
deemed necessary by the Planning Board.
b.
Lots.
1.
Front, side, and rear yards and total area shall not be less than
the requirements of the Zoning Ordinance and shall provide a conforming
building site.
2.
Where building is impracticable on a particular lot because of the
topography, rock conditions, sewage disposal problems or drainage,
the area shall be incorporated into adjoining lots.
3.
Insofar as practical, side lot lines shall be at right angles to
straight streets and radial to curved streets.
4.
Where land has been or will be dedicated for widening of existing
rights-of-way, lots shall begin at the new right-of-way line and yard
requirements shall be measured from such line.
5.
Each lot (in the proposed subdivision) shall have the minimum required
frontage abutting upon an approved street.
6.
Where there is a question of the suitability of a lot or lots for
their intended use due to factors such as rock formations, flood conditions,
high water table, freshwater wetlands, sewage disposal, excessive
topographic slope or similar circumstances, the Planning Board (or
Zoning Board of Adjustment) may, after adequate investigation, with
professional assistance if deemed necessary, withhold approval of
such lots.
c.
Roads and Streets.
1.
The arrangement of streets not shown on the Master Plan or Official
Map shall be such as to provide for the appropriate extension of existing
streets, and where necessary in order to promote the orderly flow
of traffic and for the safety, welfare and convenience of the public,
shall be such as to provide for the appropriate extension to adjoining
properties.
2.
Minor streets shall be so designed as to discourage through traffic.
3.
Subdivisions abutting arterial streets shall provide a marginal service
road or reverse frontage with a buffer strip for planting or some
means of separation of through and local traffic as the Planning Board
may determine appropriate.
5.
No subdivision showing reserve strips controlling access to streets
shall be approved except where the control and disposal of land comprising
such strips has been placed in control of the Township Council under
conditions approved by the Planning Board.
6.
Subdivisions that adjoin or include existing streets that do not
conform with widths as shown on the Master Plan or Official Map, or
the street width requirements of this chapter, shall dedicate additional
width along either one or both sides of the road. If the subdivision
is along one side only, 1/2 of the required extra width shall be dedicated.
7.
Grade of local arterial and collector streets shall not exceed a
grade of 12%. No road shall have a minimum grade of less than 0.5%.
8.
Street jogs with center line offsets of less than 125 feet shall
be prohibited.
9.
A tangent shall be introduced between reverse curves. The tangent
required shall be determined based on design speed of the road in
accordance with A.A.S.H.O. Standards.
10.
A horizontal curve shall be provided at any point along a street
where the centerline deflects. The centerline radius of a horizontal
curve of not less than 150 feet for local and collector streets shall
be provided. The minimum centerline radius for a local arterial street
shall be not less than 508 feet.
11.
All changes in grade shall be connected by vertical curves of sufficient
length to provide a smooth transition and proper sight distance as
approved by the Township Engineer, and in accordance with A.A.S.H.O.
Standards.
12.
Dead-end streets (cul-de-sac) shall not serve more than 15 single
family dwelling units and shall provide a turnaround at the end with
a paved radius of 42 feet and a right-of-way radius of 50 feet. A
cul-de-sac turnaround shall serve not more than three driveways and
shall be provided with a twenty-foot by ten-foot snow removal easement
beyond the right-of-way line on each lot fronting a cul-de-sac. A
dead-end street or combination of streets shall not exceed a total
length of 1,800 feet.
13.
Where the dead-end street is of temporary nature due to the construction
phasing of a subdivision, a turnaround as outlined in Subsection 12
must be provided and provisions shall be made for the future extension
of the street and reversion of the excess right-of-way to the adjoining
properties.
14.
No street or development shall have a name which will duplicate or
so nearly duplicate as to be confused with the names of existing streets.
The continuation of an existing street shall have the same name.
15.
Design standards for streets, in any subdivision or site plan shall
meet the minimum requirements as shown on the Table entitled "Minimum
Road Design Standards for Road Acceptance", which is an appendix hereto
and hereby declared to be a part of this chapter.[1]
[1]
Editor's Note: "Minimum Road Design Standards for Road Acceptance"
referred to herein may be found attached to this chapter as Appendix
A.
16.
All local and collector streets shall be constructed with granite
block or concrete curbs.
17.
Beam guide rail shall be provided along a street when the embankment
exceeds a depth of five feet below the roadway. Guide rail may be
waived if the embankment slope is 4:1 or greater and if approved by
the Township Engineer.
d.
Intersection Standards.
1.
Street intersections shall be as nearly at right angles as is possible
and in no case shall be less than 60°.
2.
The corners at an intersection shall be rounded with a curb return
which provides for a curbline having a radius of not less than 35
feet.
3.
Intersections shall have unobstructed sight along both streets and
across the included corner. Sight triangle easements shall be required
and shall consist of the area bounded by the right-of-way lines and
straight line connecting sight points on the street center lines which
are measured from the intersection of the street center lines. The
sight point on a local and collector street shall be 90 feet from
the intersection of the center lines and sight points on the through
collector or arterial streets shall be 300 feet from the intersection
of the street center lines.
4.
Where new streets or roads connect with local arterial streets, acceleration
and deceleration lanes shall be provided. The design of the acceleration-deceleration
lanes shall be designed in accordance with A.A.S.H.O. Standards.
5.
Intersection capacity and level of service analysis shall be developed
in accordance with the Highway Capacity Manual, Highway Research Board
Special Report #87.
6.
No new street shall be constructed within 250 feet of an existing
intersection except that a new street may be constructed opposite
to an existing local street.
7.
Driveways shall not be constructed within 25 feet of an intersection
return.
8.
The design of intersections shall conform to A.A.S.H.O. Standards.
e.
Sidewalks.
1.
Sidewalks shall be provided to minimize vehicle-pedestrian hazards
which shall be determined by volume of pedestrian and vehicular traffic
and the speed of vehicular traffic. Sidewalks shall be located to
segregate pedestrian and vehicular traffic along local arterial and
collector streets and within off-street parking areas.
2.
Sidewalks located within a street right-of-way shall be four feet
wide and constructed with concrete. Construction of the sidewalk shall
conform to the "New Jersey Department of Transportation Standard Specifications
for Road and Bridge Construction."
3.
Sidewalks should be constructed with a four-foot offset from the
street curbs.
4.
Depressed sidewalk handicap ramps shall be constructed at all street
intersections and within off-street parking areas.
5.
Where concrete sidewalks are required, driveway aprons shall be constructed
of eight-inch thick concrete and shall provide for a continuous sidewalk.
f.
Stormwater Control.
[Amended 3-9-2021 by Ord. No. 2021-02; 4-27-2021 by Ord. No. 2021-03]
1.
Scope and Purpose.
(a)
Policy Statement. Flood control, groundwater recharge, and pollutant
reduction shall be achieved through the use of stormwater management
measures, including green infrastructure Best Management Practices
(GI BMPs) and nonstructural stormwater management strategies. GI BMPs
and low impact development (LID) should be utilized to meet the goal
of maintaining natural hydrology to reduce stormwater runoff volume,
reduce erosion, encourage infiltration and groundwater recharge, and
reduce pollution. GI BMPs and LID should be developed based upon physical
site conditions and the origin, nature and the anticipated quantity,
or amount, of potential pollutants. Multiple stormwater management
BMPs may be necessary to achieve the established performance standards
for water quality, quantity, and groundwater recharge.
(b)
Purpose. The purpose of this Subsection 18-5.3f is to establish minimum stormwater management requirements and controls for "major development," and "non-major development," as defined below in Subsection 18-5.3f2.
(c)
Applicability.
(2)
This Subsection 18-5.3f shall also be applicable to all major developments undertaken by the Township of Sparta.
(3)
This Subsection 18-5.3f shall be applicable to "non-major development" that is subject to review by the Sparta Township Planning or Zoning Board pursuant to the requirements of the New Jersey Municipal Land Use Law and activities that require a grading permit in accordance with the ordinances of the Township. This Subsection 18-5.3f will apply to the developments identified in Section 18-5.3f1(c)(3) as further noted herein.
(d)
Compatibility with Other Permit and Ordinance Requirements. Development approvals issued pursuant to this Subsection 18-5.3f are to be considered an integral part of development approvals and do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act, or ordinance. In their interpretation and application, the provisions of this Subsection 18-5.3f shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare.
This Subsection 18-5.3f is not intended to interfere with, abrogate, or annul any other ordinances, rule or regulation, statute, or other provision of law except that, where any provision of this Subsection 18-5.3f imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, the more restrictive provisions or higher standards shall control.
2.
CAFRA CENTERS, CORES OR NODES
CAFRA PLANNING MAP
COMMUNITY BASIN
COMPACTION
CONTRIBUTORY DRAINAGE AREA
CORE
COUNTY REVIEW AGENCY
DEPARTMENT
DESIGN ENGINEER
DESIGNATED CENTER
DEVELOPMENT
DISTURBANCE
DRAINAGE AREA
EMPOWERMENT NEIGHBORHOODS
ENVIRONMENTALLY CONSTRAINED AREA
ENVIRONMENTALLY CRITICAL AREA
EROSION
GREEN INFRASTRUCTURE
HUC 14 or HYDROLOGIC UNIT CODE 14
IMPERVIOUS SURFACE
INFILTRATION
LEAD PLANNING AGENCY
MAJOR DEVELOPMENT
(a)
(b)
(c)
(d)
MOTOR VEHICLE
MOTOR VEHICLE SURFACE
MUNICIPALITY
NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) MANUAL
or BMP MANUAL
NODE
NON-MAJOR DEVELOPMENT
NUTRIENT
PERSON
POLLUTANT
RECHARGE
REGULATED IMPERVIOUS SURFACE
(a)
(b)
(c)
(d)
REGULATED MOTOR VEHICLE SURFACE
(a)
(b)
SEDIMENT
SITE
SOIL
STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING
AREA (PA1)
STATE PLAN POLICY MAP
STORMWATER
STORMWATER MANAGEMENT BMP
STORMWATER MANAGEMENT MEASURE
STORMWATER MANAGEMENT PLANNING AGENCY
STORMWATER MANAGEMENT PLANNING AREA
STORMWATER RUNOFF
TIDAL FLOOD HAZARD AREA
URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD
URBAN ENTERPRISE ZONES
URBAN REDEVELOPMENT AREA
WATER CONTROL STRUCTURE
WATERS OF THE STATE
WETLANDS or WETLAND
Definitions.
For the purpose of this Subsection 18-5.3f, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this Subsection 18-5.3f clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. The definitions below are the same as or based on the corresponding definitions in the Stormwater Management Rules at N.J.A.C. 7:8-1.2.
Means those areas with boundaries incorporated by reference
or revised by the Department in accordance with N.J.A.C. 7:7-13.16.
Means the map used by the Department to identify the location
of Coastal Planning Areas, CAFRA centers, CAFRA cores, and CAFRA nodes.
The CAFRA Planning Map is available on the Department's Geographic
Information System (GIS).
Means an infiltration system, sand filter designed to infiltrate, standard constructed wetland, or wet pond, established in accordance with N.J.A.C. 7:8-4.2(c)14, that is designed and constructed in accordance with the New Jersey Stormwater Best Management Practices Manual, or an alternate design, approved in accordance with N.J.A.C. 7:8-5.2(g), for an infiltration system, sand filter designed to infiltrate, standard constructed wetland, or wet pond and that complies with the requirements of this Subsection 18-5.3f.
Means the increase in soil bulk density.
Means the area from which stormwater runoff drains to a stormwater
management measure, not including the area of the stormwater management
measure itself.
A pedestrian-oriented area of commercial and civic uses serving
the surrounding municipality, generally including housing and access
to public transportation.
Means an agency designated by the Board County Commissioners
to review municipal stormwater management plans and implementing ordinance(s).
The county review agency may either be:
Means the Department of Environmental Protection.
Means a person professionally qualified and duly licensed
in New Jersey to perform engineering services that may include, but
not necessarily be limited to, development of project requirements,
creation and development of project design and preparation of drawings
and specifications.
Means a State Development and Redevelopment Plan Center as
designated by the State Planning Commission such as urban, regional,
town, village, or hamlet.
Means the division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or structure, any mining
excavation or landfill, and any use or change in the use of any building
or other structure, or land or extension of use of land, for which
permission is required under the Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq.
|
In the case of development of agricultural land,
development means: any activity that requires a State permit, any
activity reviewed by the County Agricultural Board (CAB) and the State
Agricultural Development Committee (SADC), and municipal review of
any activity not exempted by the Right to Farm Act, N.J.S.A 4:1C-1
et seq.
|
Means the placement or reconstruction of impervious surface
or motor vehicle surface, or exposure and/or movement of soil or bedrock
or clearing, cutting, or removing of vegetation. Milling and repaving
is not considered disturbance for the purposes of this definition.
Means a geographic area within which stormwater, sediments,
or dissolved materials drain to a particular receiving waterbody or
to a particular point along a receiving waterbody.
Means neighborhoods designated by the Urban Coordinating
Council "in consultation and conjunction with" the New Jersey Redevelopment
Authority pursuant to N.J.S.A. 55:19-69.
Means the following areas where the physical alteration of
the land is in some way restricted, either through regulation, easement,
deed restriction or ownership such as: wetlands, floodplains, threatened
and endangered species sites or designated habitats, and parks and
preserves. Habitats of endangered or threatened species are identified
using the Department's Landscape Project as approved by the Department's
Endangered and Nongame Species Program.
Means an area or feature which is of significant environmental
value, including but not limited to: stream corridors, natural heritage
priority sites, habitats of endangered or threatened species, large
areas of contiguous open space or upland forest, steep slopes, and
well head protection and groundwater recharge areas. Habitats of endangered
or threatened species are identified using the Department's Landscape
Project as approved by the Department's Endangered and Nongame
Species Program.
Means the detachment and movement of soil or rock fragments
by water, wind, ice, or gravity.
Means a stormwater management measure that manages stormwater
close to its source by:
Means an area within which water drains to a particular receiving
surface water body, also known as a subwatershed, which is identified
by a fourteen-digit hydrologic unit boundary designation, delineated
within New Jersey by the United States Geological Survey.
Means a surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
Is the process by which water seeps into the soil from precipitation.
Means one or more public entities having stormwater management
planning authority designated by the regional stormwater management
planning committee pursuant to N.J.A.C. 7:8-3.2, that serves as the
primary representative of the committee.
Means an individual "development," as well as multiple developments
that individually or collectively result in:
The disturbance of one or more acres of land since February
2, 2004;
The creation of one-quarter acre or more of "regulated impervious
surface" since February 2, 2004;
The creation of one-quarter acre or more of "regulated motor
vehicle surface" since March 2, 2021; or
A combination of paragraphs (b) and (c) above that totals an
area of one-quarter acre or more. The same surface shall not be counted
twice when determining if the combination area equals one-quarter
acre or more.
|
Major development includes all developments that are part of
a common plan of development or sale (for example, phased residential
development) that collectively or individually meet any one or more
of paragraphs (a), (b), (c) or (d) above. Projects undertaken by any
government agency that otherwise meet the definition of "major development"
but which do not require approval under the Municipal Land Use Law,
N.J.S.A. 40:55D-1 et seq., are also considered "major development."
|
Means land vehicles propelled other than by muscular power,
such as automobiles, motorcycles, autocycles, and low speed vehicles.
For the purposes of this definition, motor vehicle does not include
farm equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs,
go-carts, gas buggies, golf carts, ski-slope grooming machines, or
vehicles that run only on rails or tracks.
Means any pervious or impervious surface that is intended
to be used by "motor vehicles" and/or aircraft, and is directly exposed
to precipitation including, but not limited to, driveways, parking
areas, parking garages, roads, racetracks, and runways.
Means any city, borough, town, township, or village.
Means the manual maintained by the Department providing, in part, design specifications, removal rates, calculation methods, and soil testing procedures approved by the Department as being capable of contributing to the achievement of the stormwater management standards specified in this Subsection 18-5.3f. The BMP Manual is periodically amended by the Department as necessary to provide design specifications on additional best management practices and new information on already included practices reflecting the best available current information regarding the particular practice and the Department's determination as to the ability of that best management practice to contribute to compliance with the standards contained in this Subsection 18-5.3f. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this Subsection 18-5.3f, provided the design engineer demonstrates to the municipality, in accordance with Subsection 18-5.3f4(f) of this Subsection 18-5.3f and N.J.A.C. 7:8-5.2(g), that the proposed measure and its design will contribute to achievement of the design and performance standards established by this Subsection 18-5.3f.
Means an area designated by the State Planning Commission
concentrating facilities and activities which are not organized in
a compact form.
Means development that does not meet the definition of "major
development, but is subject to review by the Sparta Township Planning
or Zoning Board pursuant to the requirements of the New Jersey Municipal
Land Use Law and/or activities that require a grading permit in accordance
with the ordinances of the Township only if the proposed disturbance
is in excess of 500 square feet.
Means a chemical element or compound, such as nitrogen or
phosphorus, which is essential to and promotes the development of
organisms.
Means any individual, corporation, company, partnership,
firm, association, political subdivision of this State and any state,
interstate or Federal agency.
Means any dredged spoil, solid waste, incinerator residue,
filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge,
munitions, chemical wastes, biological materials, medical wastes,
radioactive substance (except those regulated under the Atomic Energy
Act of 1954, as amended (42 U.S.C. §§ 2011 et seq.)),
thermal waste, wrecked or discarded equipment, rock, sand, cellar
dirt, industrial, municipal, agricultural, and construction waste
or runoff, or other residue discharged directly or indirectly to the
land, ground waters or surface waters of the State, or to a domestic
treatment works. "Pollutant" includes both hazardous and nonhazardous
pollutants.
Means the amount of water from precipitation that infiltrates
into the ground and is not evapotranspired.
Means any of the following, alone or in combination:
A net increase of impervious surface;
The total area of impervious surface collected by a new stormwater
conveyance system (for the purpose of this definition, a "new stormwater
conveyance system" is a stormwater conveyance system that is constructed
where one did not exist immediately prior to its construction or an
existing system for which a new discharge location is created);
The total area of impervious surface proposed to be newly collected
by an existing stormwater conveyance system; and/or
The total area of impervious surface collected by an existing
stormwater conveyance system where the capacity of that conveyance
system is increased.
Means any of the following, alone or in combination:
The total area of motor vehicle surface that is currently receiving
water;
A net increase in motor vehicle surface; and/or quality treatment
either by vegetation or soil, by an existing stormwater management
measure, or by treatment at a wastewater treatment plant, where the
water quality treatment will be modified or removed.
Means solid material, mineral or organic, that is in suspension,
is being transported, or has been moved from its site of origin by
air, water or gravity as a product of erosion.
Means the lot or lots upon which a major development is to
occur or has occurred.
Means all unconsolidated mineral and organic material of
any origin.
Means an area delineated on the State Plan Policy Map and
adopted by the State Planning Commission that is intended to be the
focus for much of the State's future redevelopment and revitalization
efforts.
Is defined as the geographic application of the State Development
and Redevelopment Plan's goals and statewide policies, and the
official map of these goals and policies.
Means water resulting from precipitation (including rain
and snow) that runs off the land's surface, is transmitted to
the subsurface, or is captured by separate storm sewers or other sewage
or drainage facilities, or conveyed by snow removal equipment.
Means an excavation or embankment and related areas designed
to retain stormwater runoff. A stormwater management BMP may either
be normally dry (that is, a detention basin or infiltration system),
retain water in a permanent pool (a retention basin), or be planted
mainly with wetland vegetation (most constructed stormwater wetlands).
Means any practice, technology, process, program, or other
method intended to control or reduce stormwater runoff and associated
pollutants, or to induce or control the infiltration or groundwater
recharge of stormwater or to eliminate illicit or illegal non-stormwater
discharges into stormwater conveyances.
Means a public body authorized by legislation to prepare
stormwater management plans.
Means the geographic area for which a stormwater management
planning agency is authorized to prepare stormwater management plans,
or a specific portion of that area identified in a stormwater management
plan prepared by that agency.
Means water flow on the surface of the ground or in storm
sewers, resulting from precipitation.
Means a flood hazard area in which the flood elevation resulting
from the two-, ten-, or 100-year storm, as applicable, is governed
by tidal flooding from the Atlantic Ocean. Flooding in a tidal flood
hazard area may be contributed to, or influenced by, stormwater runoff
from inland areas, but the depth of flooding generated by the tidal
rise and fall of the Atlantic Ocean is greater than flooding from
any fluvial sources. In some situations, depending upon the extent
of the storm surge from a particular storm event, a flood hazard area
may be tidal in the 100-year storm, but fluvial in more frequent storm
events.
Means a neighborhood given priority access to State resources
through the New Jersey Redevelopment Authority.
Means a zone designated by the New Jersey Enterprise Zone
Authority pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A.
52:27H-60 et seq.
Is defined as previously developed portions of areas:
Means a structure within, or adjacent to, a water, which
intentionally or coincidentally alters the hydraulic capacity, the
flood elevation resulting from the two-, ten-, or 100-year storm,
flood hazard area limit, and/or floodway limit of the water. Examples
of a water control structure may include a bridge, culvert, dam, embankment,
ford (if above grade), retaining wall, and weir.
Means the ocean and its estuaries, all springs, streams,
wetlands, and bodies of surface or groundwater, whether natural or
artificial, within the boundaries of the State of New Jersey or subject
to its jurisdiction.
Means an area that is inundated or saturated by surface water
or ground water at a frequency and duration sufficient to support,
and that under normal circumstances does support, a prevalence of
vegetation typically adapted for life in saturated soil conditions,
commonly known as hydrophytic vegetation.
3.
Design and Performance Standards for Stormwater Management Measures.
(a)
Stormwater management measures for major development and applicable
non-major development shall be designed to provide erosion control,
groundwater recharge, stormwater runoff quantity control, and stormwater
runoff quality treatment as follows:
(1)
The minimum standards for erosion control are those established
under the Soil and Sediment Control Act, N.J.S.A. 4:24-39 et seq.,
and implementing rules at N.J.A.C. 2:90, even if the proposed soil
disturbance is less than 5,000 square feet, but larger than 500 square
feet.
(2)
The minimum standards for groundwater recharge, stormwater quality,
and stormwater runoff quantity shall be met by incorporating green
infrastructure.
(b)
The standards in this Subsection 18-5.3f apply only to new major development and new non-major development and are intended to minimize the impact of stormwater runoff on water quality and water quantity in receiving water bodies and maintain groundwater recharge. The standards do not apply to new major development and new non-major development to the extent that alternative design and performance standards are applicable under a regional stormwater management plan or Water Quality Management Plan adopted in accordance with Department rules.
(c)
New non-major development is required to address the increased stormwater runoff associated with the proposed increased impervious surface greater than 500 square feet. The preferred methods of addressing this added stormwater runoff will be through green infrastructure systems, with secondary techniques being direct infiltration via trench type systems or dry wells. These systems shall be sized to accommodate the 1.25" two-hour rain event over an area the size the proposed new impervious surface. The green infrastructure and infiltration practices of this Subsection 18-5.3f shall be followed to the extent practical and as approved by the Township/Planning or Zoning Board Engineer. Only "clean" runoff from roofs, patios, sidewalks and vegetated areas shall be directly recharged. The stormwater quantity, quality and recharge requirement for "non-major development" will be to detain and infiltrate the noted storm event.
4.
Stormwater Management Requirements for Major Development and Applicable
Non-Major Development.
(a)
The development shall incorporate a maintenance plan for the
stormwater management measures incorporated into the design of a major
development or non-major development in accordance with Subsection
18-5.3f10.
(b)
Stormwater management measures shall avoid adverse impacts of
concentrated flow on habitat for threatened and endangered species
as documented in the Department's Landscape Project or Natural
Heritage Database established under N.J.S.A. 13:1B-15.147 through
15.150, particularly Helonias bullata (swamp pink) and/or Clemmys
muhlenbergii (bog turtle).
(c)
The following linear development projects are exempt from the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Subsection 18-5.3f4(p), (q) and (r):
(1)
The construction of an underground utility line provided that
the disturbed areas are revegetated upon completion;
(2)
The construction of an aboveground utility line provided that
the existing conditions are maintained to the maximum extent practicable;
and
(3)
The construction of a public pedestrian access, such as a sidewalk
or trail with a maximum width of 14 feet, provided that the access
is made of permeable material.
(d)
A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Subsection 18-5.3f4(o), (p), (q) and (r) may be obtained for the enlargement of an existing public roadway or railroad; or the construction or enlargement of a public pedestrian access, provided that the following conditions are met:
(1)
The applicant demonstrates that there is a public need for the
project that cannot be accomplished by any other means;
(2)
The applicant demonstrates through an alternatives analysis, that through the use of stormwater management measures, the option selected complies with the requirements of Subsection 18-5.3f4(o), (p), (q) and (r) to the maximum extent practicable;
(3)
The applicant demonstrates that, in order to meet the requirements of Subsection 18-5.3f4(o), (p), (q) and (r), existing structures currently in use, such as homes and buildings, would need to be condemned; and
(4)
The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through condemnation lands not falling under Subsection 18-5.3f4(d)(3) above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of Subsection 18-5.3f4(o), (p), (q) and (r) that were not achievable onsite.
(e)
Tables 1 through 3 below summarize the ability of stormwater best management practices identified and described in the New Jersey Stormwater Best Management Practices Manual to satisfy the green infrastructure, groundwater recharge, stormwater runoff quality and stormwater runoff quantity standards specified in Subsection 18-5.3f4(o), (p), (q) and (r). When designed in accordance with the most current version of the New Jersey Stormwater Best Management Practices Manual, the stormwater management measures found at N.J.A.C. 7:8-5.2 (f) Tables 5-1, 5-2 and 5-3 and listed below in Tables 1, 2 and 3 are presumed to be capable of providing stormwater controls for the design and performance standards as outlined in the tables below. Upon amendments of the New Jersey Stormwater Best Management Practices to reflect additions or deletions of BMPs meeting these standards, or changes in the presumed performance of BMPs designed in accordance with the New Jersey Stormwater BMP Manual, the Department shall publish in the New Jersey Registers a notice of administrative change revising the applicable table. The most current version of the BMP Manual can be found on the Department's website at: https://njstormwater.org/bmp_manual2.htm.
(f)
Where the BMP tables in the NJ Stormwater Management Rule are different due to updates or amendments with the tables in this Subsection 18-5.3f the BMP Tables in the Stormwater Management rule at N.J.A.C. 7:8-5.2(f) shall take precedence.
|
Table 1
Green Infrastructure BMPs for Groundwater Recharge, Stormwater
Runoff Quality, and/or Stormwater Runoff Quantity
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Storwmater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
|
Cistern
|
0
|
Yes
|
No
|
—
|
|
Dry well(a)
|
0
|
No
|
Yes
|
2
|
|
Grass swale
|
50 or less
|
No
|
No
|
2(e)
1(f)
|
|
Green roof
|
0
|
Yes
|
No
|
—
|
|
Manufactured treatment device(a)(g)
|
50 or 80
|
No
|
No
|
Dependent upon the device
|
|
Pervious paving system(a)
|
80
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Small-scale bioretention basin(a)
|
80 or 90
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Small-scale infiltration basin(a)
|
80
|
Yes
|
Yes
|
2
|
|
Small-scale sand filter
|
80
|
Yes
|
Yes
|
2
|
|
Vegetative filter strip
|
60 to 80
|
No
|
No
|
—
|
|
(Notes corresponding to annotations (a) through (g) are found after Table 3.)
|
|
Table 2
Green Infrastructure BMPs for Stormwater Runoff Quantity
(or for Groundwater Recharge and/or Stormwater Runoff Quality
with a Waiver or Variance from N.J.A.C. 7:8-5.3)
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
|
Bioretention system
|
80 or 90
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Infiltration basin
|
80
|
Yes
|
Yes
|
2
|
|
Sand filter(b)
|
80
|
Yes
|
Yes
|
2
|
|
Standard constructed wetland
|
90
|
Yes
|
No
|
N/A
|
|
Wet pond(d)
|
50 to 90
|
Yes
|
No
|
N/A
|
|
(Notes corresponding to annotations (b) through (d) are found after Table 3.)
|
|
Table 3
BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or
Stormwater Runoff Quantity
only with a Waiver or Variance from N.J.A.C. 7:8-5.3
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
|
Blue roof
|
0
|
Yes
|
No
|
N/A
|
|
Extended detention basin
|
40 to 60
|
Yes
|
No
|
1
|
|
Manufactured treatment device(h)
|
50 or 80
|
No
|
No
|
Dependent upon the device
|
|
Sand filter(c)
|
80
|
Yes
|
No
|
1
|
|
Subsurface gravel wetland
|
90
|
No
|
No
|
1
|
|
Wet pond
|
50 to 90
|
Yes
|
No
|
N/A
|
|
Notes to Tables 1, 2, and 3:
| |
|
(a)
|
Subject to the applicable contributory drainage area limitation specified at Subsection 18-5.3f4(o)(2);
|
|
(b)
|
Designed to infiltrate into the subsoil;
|
|
(c)
|
Designed with underdrains;
|
|
(d)
|
Designed to maintain at least a ten-foot-wide area of native
vegetation along at least 50% of the shoreline and to include a stormwater
runoff retention component designed to capture stormwater runoff for
beneficial reuse, such as irrigation;
|
|
(e)
|
Designed with a slope of less than 2%;
|
|
(f)
|
Designed with a slope of equal to or greater than 2%;
|
|
(g)
|
Manufactured treatment devices that meet the definition of green
infrastructure at Subsection 18-5.3f2;
|
|
(h)
|
Manufactured treatment devices that do not meet the definition
of green infrastructure at Subsection 18-5.3f2.
|
(g)
An alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate may be used if the design engineer demonstrates the capability of the proposed alternative stormwater management measure and/or the validity of the alternative rate or method to the municipality. A copy of any approved alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate shall be provided to the Department in accordance with Subsection 18-5.3f6(b). Alternative stormwater management measures may be used to satisfy the requirements at Subsection 18-5.3f4(o) only if the measures meet the definition of green infrastructure at Subsection 18-5.3f2. Alternative stormwater management measures that function in a similar manner to a BMP listed at Subsection 18-5.3f4(o)(2) are subject to the contributory drainage area limitation specified at Subsection 18-5.3f4(o)(2) for that similarly functioning BMP. Alternative stormwater management measures approved in accordance with this subsection that do not function in a similar manner to any BMP listed at Subsection 18-5.3f4(o)(2) shall have a contributory drainage area less than or equal to 2.5 acres, except for alternative stormwater management measures that function similarly to cisterns, grass swales, green roofs, standard constructed wetlands, vegetative filter strips, and wet ponds, which are not subject to a contributory drainage area limitation. Alternative measures that function similarly to standard constructed wetlands or wet ponds shall not be used for compliance with the stormwater runoff quality standard unless a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Subsection 18-5.3f4(d) is granted from Subsection 18-5.3f4(o).
(h)
Whenever the stormwater management design includes one or more
BMPs that will infiltrate stormwater into subsoil, the design engineer
shall assess the hydraulic impact on the groundwater table and design
the site, so as to avoid adverse hydraulic impacts. Potential adverse
hydraulic impacts include, but are not limited to, exacerbating a
naturally or seasonally high water table, so as to cause surficial
ponding, flooding of basements, or interference with the proper operation
of subsurface sewage disposal systems or other subsurface structures
within the zone of influence of the groundwater mound, or interference
with the proper functioning of the stormwater management measure itself.
(i)
Design standards for stormwater management measures are as follows:
(1)
Stormwater management measures shall be designed to take into
account the existing site conditions, including, but not limited to,
environmentally critical areas; wetlands; flood-prone areas; slopes;
depth to seasonal high water table; soil type, permeability, and texture;
drainage area and drainage patterns; and the presence of solution-prone
carbonate rocks (limestone);
(2)
Stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure, as appropriate, and shall have parallel bars with one-inch spacing between the bars to the elevation of the water quality design storm. For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than one-third the width of the diameter of the orifice or one-third the width of the weir, with a minimum spacing between bars of one inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of Subsection 18-5.3f8(c);
(3)
Stormwater management measures shall be designed, constructed,
and installed to be strong, durable, and corrosion resistant. Measures
that are consistent with the relevant portions of the Residential
Site Improvement Standards at N.J.A.C. 5:21-7.3, 7.4, and 7.5 shall
be deemed to meet this requirement;
(4)
Stormwater management BMPs shall be designed to meet the minimum
safety standards for stormwater management BMPs at Subsection 18-5.3-f8;
and
(5)
The size of the orifice at the intake to the outlet from the
stormwater management BMP shall be a minimum of 2 1/2 inches
in diameter.
(j)
Manufactured treatment devices may be used to meet the requirements of this subchapter, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department. Manufactured treatment devices that do not meet the definition of green infrastructure at Subsection 18-5.3f2 may be used only under the circumstances described at Subsection 18-5.3f4(o)(4).
(k)
Any application for a new agricultural development that meets the definition of major development at Subsection 18-5.3f2 shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at Subsection 18-5.3f4(o), (p), (q) and (r), and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For purposes of this subsection, "agricultural development" means land uses normally associated with the production of food, fiber, and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacture of agriculturally related products.
(l)
If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection 18-5.3f4(p), (q) and (r) shall be met in each drainage area, unless the runoff from the drainage areas converge onsite and no adverse environmental impact would occur as a result of compliance with any one or more of the individual standards being determined utilizing a weighted average of the results achieved for that individual standard across the affected drainage areas.
(m)
Any stormwater management measure authorized under the municipal stormwater management plan or ordinance shall be reflected in a deed notice recorded in the Office of the Sussex County Clerk. A form of deed notice shall be submitted to the municipality for approval prior to filing. The deed notice shall contain a description of the stormwater management measure(s) used to meet the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection 18-5.3f4(o), (p), (q), and (r) and shall identify the location of the stormwater management measure(s) in NAD 1983 State Plane New Jersey FIPS 2900 US feet or latitude and longitude in decimal degrees. The deed notice shall also reference the maintenance plan required to be recorded upon the deed pursuant to Subsection 18-5.3f10(b)(5). Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality. Proof that the required information has been recorded on the deed shall be in the form of either a copy of the complete recorded document or a receipt from the clerk or other proof of recordation provided by the recording office. However, if the initial proof provided to the municipality is not a copy of the complete recorded document, a copy of the complete recorded document shall be provided to the municipality within 180 calendar days of the authorization granted by the municipality.
(n)
A stormwater management measure approved under the municipal
stormwater management plan or ordinance may be altered or replaced
with the approval of the municipality, if the municipality determines
that the proposed alteration or replacement meets the design and performance
standards pursuant to Subsection 18-5.3f4 and provides the same level
of stormwater management as the previously approved stormwater management
measure that is being altered or replaced. If an alteration or replacement
is approved, a revised deed notice shall be submitted to the municipality
for approval and subsequently recorded with the Office of the Sussex
County Clerk and shall contain a description and location of the stormwater
management measure, as well as reference to the maintenance plan,
in accordance with paragraph (m) above. Prior to the commencement
of construction, proof that the above required deed notice has been
filed shall be submitted to the municipality in accordance with paragraph
(m) above.
(o)
Green Infrastructure Standards.
(1)
This subsection specifies the types of green infrastructure
BMPs that may be used to satisfy the groundwater recharge, stormwater
runoff quality, and stormwater runoff quantity standards.
(2)
To satisfy the groundwater recharge and stormwater runoff quality standards at Subsection 18-5.3f4(p) and (q), the design engineer shall utilize green infrastructure BMPs identified in Table 1 at Subsection 18-5.3f4(f) and/or an alternative stormwater management measure approved in accordance with Subsection 18-5.3f4(g). The following green infrastructure BMPs are subject to the following maximum contributory drainage area limitations:
|
Best Management Practice
|
Maximum Contributory Drainage Area
|
|---|---|
|
Dry well
|
1 acre
|
|
Manufactured treatment device
|
2.5 acres
|
|
Pervious pavement systems
|
Area of additional inflow cannot exceed three times the area
occupied by the BMP
|
|
Small-scale bioretention systems
|
2.5 acres
|
|
Small-scale infiltration basin
|
2.5 acres
|
|
Small-scale sand filter
|
2.5 acres
|
(3)
To satisfy the stormwater runoff quantity standards at Subsection 18-5.3f4(r), the design engineer shall utilize BMPs from Table 1 or from Table 2 and/or an alternative stormwater management measure approved in accordance with Subsection 18-5.3f4(g).
(4)
If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Subsection 18-5.3f4(d) is granted from the requirements of this subsection, then BMPs from Table 1, 2, or 3, and/or an alternative stormwater management measure approved in accordance with Subsection 18-5.3f4(g) may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection 18-5.3f4(p), (q) and (r).
(5)
For separate or combined storm sewer improvement projects, such as sewer separation, undertaken by a government agency or public utility (for example, a sewerage company), the requirements of this subsection shall only apply to areas owned in fee simple by the government agency or utility, and areas within a right- of-way or easement held or controlled by the government agency or utility; the entity shall not be required to obtain additional property or property rights to fully satisfy the requirements of this subsection. Regardless of the amount of area of a separate or combined storm sewer improvement project subject to the green infrastructure requirements of this subsection, each project shall fully comply with the applicable groundwater recharge, stormwater runoff quality control, and stormwater runoff quantity standards at Subsection 18-5.3f4(p), (q) and (r), unless the project is granted a waiver from strict compliance in accordance with Subsection 18-5.3f4(d).
(p)
Groundwater Recharge Standards.
(1)
This subsection contains the minimum design and performance
standards for groundwater recharge as follows.
(2)
The design engineer shall, using the assumptions and factors
for stormwater runoff and groundwater recharge calculations at Subsection
18-5.3f5, either:
(i)
Demonstrate through hydrologic and hydraulic analysis
that the site and its stormwater management measures maintain 100%
of the average annual pre-construction groundwater recharge volume
for the site; or
(ii)
Demonstrate through hydrologic and hydraulic analysis
that the increase of stormwater runoff volume from pre-construction
to post-construction for the two-year storm is infiltrated.
(3)
This groundwater recharge requirement does not apply to projects
within the "urban redevelopment area," or to projects subject to paragraph
(4) below.
(4)
The following types of stormwater shall not be recharged:
(i)
Stormwater from areas of high pollutant loading.
High pollutant loading areas are areas in industrial and commercial
developments where solvents and/or petroleum products are loaded/unloaded,
stored, or applied, areas where pesticides are loaded/unloaded or
stored; areas where hazardous materials are expected to be present
in greater than "reportable quantities" as defined by the United States
Environmental Protection Agency (EPA) at 40 CFR 302.4; areas where
recharge would be inconsistent with Department approved remedial action
work plan or landfill closure plan and areas with high risks for spills
of toxic materials, such as gas stations and vehicle maintenance facilities;
and
(ii)
Industrial stormwater exposed to "source material."
"Source material" means any material(s) or machinery, located at an
industrial facility, that is directly or indirectly related to process,
manufacturing or other industrial activities, which could be a source
of pollutants in any industrial stormwater discharge to groundwater.
Source materials include, but are not limited to, raw materials; intermediate
products; final products; waste materials; by-products; industrial
machinery and fuels, and lubricants, solvents, and detergents that
are related to process, manufacturing, or other industrial activities
that are exposed to stormwater.
(q)
Stormwater Runoff Quality Standards.
(1)
This subsection contains the minimum design and performance
standards to control stormwater runoff quality impacts of major development.
Stormwater runoff quality standards are applicable when the major
development results in an increase of one-quarter acre or more of
regulated motor vehicle surface.
(2)
Stormwater management measures shall be designed to reduce the
post- construction load of total suspended solids (TSS) in stormwater
runoff generated from the water quality design storm as follows:
(i)
Eighty percent TSS removal of the anticipated load,
expressed as an annual average shall be achieved for the stormwater
runoff from the net increase of motor vehicle surface.
(ii)
If the surface is considered regulated motor vehicle
surface because the water quality treatment for an area of motor vehicle
surface that is currently receiving water quality treatment either
by vegetation or soil, by an existing stormwater management measure,
or by treatment at a wastewater treatment plant is to be modified
or removed, the project shall maintain or increase the existing TSS
removal of the anticipated load expressed as an annual average.
(3)
The requirement to reduce TSS does not apply to any stormwater
runoff in a discharge regulated under a numeric effluent limitation
for TSS imposed under the New Jersey Pollutant Discharge Elimination
System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically
exempt under a NJPDES permit from this requirement. Every major development,
including any that discharge into a combined sewer system, shall comply
with paragraph (2) above, unless the major development is itself subject
to a NJPDES permit with a numeric effluent limitation for TSS or the
NJPDES permit to which the major development is subject exempts the
development from a numeric effluent limitation for TSS.
(4)
The water quality design storm is 1.25 inches of rainfall in
two hours. Water quality calculations shall take into account the
distribution of rain from the water quality design storm, as reflected
in Table 4, below. The calculation of the volume of runoff may take
into account the implementation of stormwater management measures.
|
Table 4- Water Quality Design Storm Distribution
| |||||
|---|---|---|---|---|---|
|
Time
(minutes)
|
Cumulative Rainfall
(inches)
|
Time
(minutes)
|
Cumulative Rainfall
(inches)
|
Time
(minutes)
|
Cumulative Rainfall
(inches)
|
|
1
|
0.00166
|
41
|
0.1728
|
81
|
1.0906
|
|
2
|
0.00332
|
42
|
0.1796
|
82
|
1.0972
|
|
3
|
0.00498
|
43
|
0.1864
|
83
|
1.1038
|
|
4
|
0.00664
|
44
|
0.1932
|
84
|
1.1104
|
|
5
|
0.00830
|
45
|
0.2000
|
85
|
1.1170
|
|
6
|
0.00996
|
46
|
0.2117
|
86
|
1.1236
|
|
7
|
0.01162
|
47
|
0.2233
|
87
|
1.1302
|
|
8
|
0.01328
|
48
|
0.2350
|
88
|
1.1368
|
|
9
|
0.01494
|
49
|
0.2466
|
89
|
1.1434
|
|
10
|
0.01660
|
50
|
0.2583
|
90
|
1.1500
|
|
12
|
0.01996
|
52
|
0.2983
|
92
|
1.1600
|
|
13
|
0.02164
|
53
|
0.3183
|
93
|
1.1650
|
|
14
|
0.02332
|
54
|
0.3383
|
94
|
1.1700
|
|
15
|
0.02500
|
55
|
0.3583
|
95
|
1.1750
|
|
16
|
0.03000
|
56
|
0.4116
|
96
|
1.1800
|
|
17
|
0.03500
|
57
|
0.4650
|
97
|
1.1850
|
|
18
|
0.04000
|
58
|
0.5183
|
98
|
1.1900
|
|
19
|
0.04500
|
59
|
0.5717
|
99
|
1.1950
|
|
20
|
0.05000
|
60
|
0.6250
|
100
|
1.2000
|
|
21
|
0.05500
|
61
|
0.6783
|
101
|
1.2050
|
|
22
|
0.06000
|
62
|
0.7317
|
102
|
1.2100
|
|
23
|
0.06500
|
63
|
0.7850
|
103
|
1.2150
|
|
24
|
0.07000
|
64
|
0.8384
|
104
|
1.2200
|
|
25
|
0.07500
|
65
|
0.8917
|
105
|
1.2250
|
|
26
|
0.08000
|
66
|
0.9117
|
106
|
1.2267
|
|
27
|
0.08500
|
67
|
0.9317
|
107
|
1.2284
|
|
28
|
0.09000
|
68
|
0.9517
|
108
|
1.2300
|
|
29
|
0.09500
|
69
|
0.9717
|
109
|
1.2317
|
|
30
|
0.10000
|
70
|
0.9917
|
110
|
1.2334
|
|
31
|
0.10660
|
71
|
1.0034
|
111
|
1.2351
|
|
32
|
0.11320
|
72
|
1.0150
|
112
|
1.2367
|
|
33
|
0.11980
|
73
|
1.0267
|
113
|
1.2384
|
|
34
|
0.12640
|
74
|
1.0383
|
114
|
1.2400
|
|
35
|
0.13300
|
75
|
1.0500
|
115
|
1.2417
|
|
36
|
0.13960
|
76
|
1.0568
|
116
|
1.2434
|
|
37
|
0.14620
|
77
|
1.0636
|
117
|
1.2450
|
|
38
|
0.15280
|
78
|
1.0704
|
118
|
1.2467
|
|
39
|
0.15940
|
79
|
1.0772
|
119
|
1.2483
|
|
40
|
0.16600
|
80
|
1.0840
|
120
|
1.2500
|
(5)
If more than one BMP in series is necessary to achieve the required
80% TSS reduction for a site, the applicant shall utilize the following
formula to calculate TSS reduction:
|
R = A + B - (A x B)/100
|
|
Where:
| ||
|
R
|
=
|
total TSS Percent Load Removal from application of both BMPs.
|
|
A
|
=
|
the TSS Percent Removal Rate applicable to the first BMP.
|
|
B
|
=
|
the TSS Percent Removal Rate applicable to the second BMP.
|
(6)
Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the post-construction nutrient load of the anticipated load from the developed site in stormwater runoff generated from the water quality design storm. In achieving reduction of nutrients to the maximum extent feasible, the design of the site shall include green infrastructure BMPs that optimize nutrient removal while still achieving the performance standards in Subsection 18-5.3f4(p), (q) and (r).
(7)
In accordance with the definition of FW1 at N.J.A.C. 7:9B-1.4,
stormwater management measures shall be designed to prevent any increase
in stormwater runoff to waters classified as FW1.
(8)
The Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-4.1(c)1
establish 300-foot riparian zones along Category One waters, as designated
in the Surface Water Quality Standards at N.J.A.C. 7:9B, and certain
upstream tributaries to Category One waters. A person shall not undertake
a major development that is located within or discharges into a 300-foot
riparian zone without prior authorization from the Department under
N.J.A.C. 7:13.
(9)
Pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C.
7:13-11.2(j)3.i, runoff from the water quality design storm that is
discharged within a 300-foot riparian zone shall be treated in accordance
with this subsection to reduce the post- construction load of total
suspended solids by 95% of the anticipated load from the developed
site, expressed as an annual average.
(10)
This stormwater runoff quality standards do not apply to the
construction of one individual single-family dwelling, provided that
it is not part of a larger development or subdivision that has received
preliminary or final site plan approval prior to December 3, 2018,
and that the motor vehicle surfaces are made of permeable material(s)
such as gravel, dirt, and/or shells.
(r)
Stormwater Runoff Quantity Standards.
(1)
This subsection contains the minimum design and performance
standards to control stormwater runoff quantity impacts of major development.
(2)
In order to control stormwater runoff quantity impacts, the
design engineer shall, using the assumptions and factors for stormwater
runoff calculations at Subsection 18-5.3f5, complete one of the following:
(i)
Demonstrate through hydrologic and hydraulic analysis
that for stormwater leaving the site, post-construction runoff hydrographs
for the two-, ten-, and 100-year storm events do not exceed, at any
point in time, the pre-construction runoff hydrographs for the same
storm events;
(ii)
Demonstrate through hydrologic and hydraulic analysis
that there is no increase, as compared to the pre-construction condition,
in the peak runoff rates of stormwater leaving the site for the two-,
ten- and 100-year storm events and that the increased volume or change
in timing of stormwater runoff will not increase flood damage at or
downstream of the site. This analysis shall include the analysis of
impacts of existing land uses and projected land uses assuming full
development under existing zoning and land use ordinances in the drainage
area;
(iii)
Design stormwater management measures so that
the post-construction peak runoff rates for the two-, ten- and 100-year
storm events are 50%, 75% and 80%, respectively, of the pre-construction
peak runoff rates. The percentages apply only to the post-construction
stormwater runoff that is attributable to the portion of the site
on which the proposed development or project is to be constructed;
or
(iv)
In tidal flood hazard areas, stormwater runoff
quantity analysis in accordance with paragraphs (2)(i), (ii) and (iii)
above is required unless the design engineer demonstrates through
hydrologic and hydraulic analysis that the increased volume, change
in timing, or increased rate of the stormwater runoff, or any combination
of the three will not result in additional flood damage below the
point of discharge of the major development. No analysis is required
if the stormwater is discharged directly into any ocean, bay, inlet,
or the reach of any watercourse between its confluence with an ocean,
bay, or inlet and downstream of the first water control structure.
(3)
The stormwater runoff quantity standards shall be applied at
the site's boundary to each abutting lot, roadway, watercourse,
or receiving storm sewer system.
(s)
Major developments that are granted a variance or exemption
from the stormwater management design and performance standards must
comply with the Mitigation Plan identified in the Sparta Township
Municipal Stormwater Management Plan.
Mitigation Plans
This mitigation plan is provided for a proposed development
that is granted a variance or exemption from the stormwater management
design and performance standards.
Mitigation Project Criteria
The mitigation project shall be implemented preferably in the same drainage area as the proposed development. The project must provide additional groundwater recharge benefits, or protection from stormwater runoff quality and quantity from previously developed property that does not currently meet the design and performance standards outlined in the Municipal Stormwater Management Plan. The developer must ensure the long- term maintenance of the project, including the maintenance requirements under Chapters 8 and 9 of the NJDEP Stormwater BMP Manual.
The mitigation project may also provide mitigation that is not
equivalent to the impacts for which the variance or exemption is sought,
but that addresses the same issue. For example, if a variance is given
because the 80% TSS requirement is not met, the selected project may
address water quality impacts due to a fecal impairment.
The developer may provide funding or partial funding to the
municipality for an environmental enhancement project that has been
identified in the Municipal Stormwater Management Plan. The funding
must be equal to or greater than the cost to implement the mitigation
outlined above, including costs associated with purchasing the property
or easement for mitigation and the cost associated with the long-term
maintenance requirements of the mitigation measure.
The applicant can select one of the following projects listed
to compensate for the deficit from the performance standards resulting
from the proposed project. More detailed information on the projects
can be obtained from the Township Engineer. Listed below are specific
projects that can be used to address the mitigation requirement.
(1)
Sparta Glen Park/Sparta Glen Brook.
The purpose of this project is to restore the stream and the
stream environs to significantly reduce non-point source pollution.
The limit of the project is approximately 5,700 feet length of the
Sparta Glen Brook through the Sparta Glen Park - Block 7, Lot 57.
The major components of the project consist of re- channelization
of the stream, re-establishment of in stream habitat environs, re-stabilization
of stream bank and re-vegetation of the riparian buffer zone and upland
forest transition area.
(2)
Station Park/Wallkill River.
The major components of the project consist of re- channelization
of the stream, re-establishment of in stream habitat environs, re-stabilization
of stream bank and re-vegetation of the riparian buffer zone.
(3)
Wallkill River from confluence with Sparta Glen Brook downstream
to Station Road County Bridge Q-08: The major components of the project
consist of re-channelization of the stream, re-establishment of in
stream habitat environs, re-stabilization of stream bank and re-vegetation
of the riparian buffer zone.
(4)
Drainage improvements, including solids removal at Balsam Parkway,
Birch Parkway, Cherry Tree Lane, and Hopkins Corner Road retention
basin overflow.
(5)
Price's Lane landfill closure soil stabilization installation
and maintenance.
(6)
Existing stormwater discharges within close proximity (<100 feet) of surface waters shall be equipped with structural stormwater management measures as defined in Chapter 9, NJ Stormwater Best Management Practices Manual. Such techniques are applicable in existing developed areas, where low impact development techniques are not easily implemented.
(i)
Rivers/Streams.
Priority shall be given to C-1 designated streams and those
with a defined TMDL. (Reference NJDEP Geode for latest information
on C-1 designated streams.
(ii)
Lakes/Ponds.
Lakes and ponds are divided into two categories as follows:
|
Moderate to Heavily Developed at Present
|
|
Seneca Lake
|
|
Lake Grinnell
|
|
Sparta Lake
|
|
Fox Hollow Lake
|
|
Lake Saginaw
|
|
Sunset Lake
|
|
Lake Mohawk
|
|
Beiser Pond
|
|
Upper Lake Mohawk
|
|
Fox Trail Lake
|
|
Arapaho Lake
|
|
Madonna Lake
|
|
Low Developed at Present
|
|
Rock Island Lake
|
|
Glen Lake
|
|
Ryker Lake
|
|
White Lake
|
|
Blue Heron Lake
|
|
Morris Lake
|
|
Mud Pond
|
|
Green Ridge Lake
|
|
Hawthorne Lake
|
Priority shall be given to more heavily developed areas
where stormwater controls would result in the greatest benefit.
An applicant may propose a specific mitigation project. All
projects shall be prioritized and approved by the Township Engineer,
Director of Planning, and the Sparta Township Planning Board and shall
be at the sole discretion of Sparta Township.
5.
Calculation of Stormwater Runoff and Groundwater Recharge:
(a)
Stormwater runoff shall be calculated in accordance with the
following:
(1)
The design engineer shall calculate runoff using one of the
following methods:
(i)
The USDA Natural Resources Conservation Service (NRCS) methodology, including the NRCS Runoff Equation and Dimensionless Unit Hydrograph, as described in Chapters 7, 9, 10, 15 and 16 Part 630, Hydrology National Engineering Handbook, incorporated herein by reference as amended and supplemented. This methodology is additionally described in Technical Release 55 - Urban Hydrology for Small Watersheds (TR-55), dated June 1986, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the Natural Resources Conservation Service website at: https://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb1044171.pdf or at United States Department of Agriculture Natural Resources Conservation Service, 220 Davison Avenue, Somerset, New Jersey 08873; or
(ii)
The Rational Method for peak flow and the Modified
Rational Method for hydrograph computations. The rational and modified
rational methods are described in "Appendix A-9 Modified Rational
Method" in the Standards for Soil Erosion and Sediment Control in
New Jersey, January 2014. This document is available from the State
Soil Conservation Committee or any of the Soil Conservation Districts
listed at N.J.A.C. 2:90-1.3(a)3. The location, address, and telephone
number for each Soil Conservation District is available from the State
Soil Conservation Committee, PO Box 330, Trenton, New Jersey 08625.
The document is also available at: http://www.nj.gov/agriculture/divisions/anr/pdf/2014NJSoilErosionControlStandardsComplete.pdf.
(2)
For the purpose of calculating runoff coefficients and groundwater
recharge, there is a presumption that the pre-construction condition
of a site or portion thereof is a wooded land use with good hydrologic
condition. The term "runoff coefficient" applies to both the NRCS
methodology above at Subsection 18-5.3f5(a)(1)(i) and the Rational
and Modified Rational Methods at Subsection 18-5.3f5(a)(1)(ii). A
runoff coefficient or a groundwater recharge land cover for an existing
condition may be used on all or a portion of the site if the design
engineer verifies that the hydrologic condition has existed on the
site or portion of the site for at least five years without interruption
prior to the time of application. If more than one land cover have
existed on the site during the five years immediately prior to the
time of application, the land cover with the lowest runoff potential
shall be used for the computations. In addition, there is the presumption
that the site is in good hydrologic condition (if the land use type
is pasture, lawn, or park), with good cover (if the land use type
is woods), or with good hydrologic condition and conservation treatment
(if the land use type is cultivation).
(3)
In computing pre-construction stormwater runoff, the design
engineer shall account for all significant land features and structures,
such as ponds, wetlands, depressions, hedgerows, or culverts, that
may reduce pre-construction stormwater runoff rates and volumes.
(4)
In computing stormwater runoff from all design storms, the design
engineer shall consider the relative stormwater runoff rates and/or
volumes of pervious and impervious surfaces separately to accurately
compute the rates and volume of stormwater runoff from the site. To
calculate runoff from unconnected impervious cover, urban impervious
area modifications as described in the NRCS Technical Release 55 -
Urban Hydrology for Small Watersheds or other methods may be employed.
(5)
If the invert of the outlet structure of a stormwater management
measure is below the flood hazard design flood elevation as defined
at N.J.A.C. 7:13, the design engineer shall take into account the
effects of tailwater in the design of structural stormwater management
measures.
(b)
Groundwater recharge may be calculated in accordance with the
following: The New Jersey Geological Survey Report GSR-32, A Method
for Evaluating Groundwater-Recharge Areas in New Jersey, incorporated
herein by reference as amended and supplemented. Information regarding
the methodology is available from the New Jersey Stormwater Best Management
Practices Manual; at the New Jersey Geological Survey website at:
https://www.nj.gov/dep/njgs/pricelst/gsreport/gsr32.pdf or at New
Jersey Geological and Water Survey, 29 Arctic Parkway, PO Box 420
Mail Code 29-01, Trenton, New Jersey 08625-0420.
6.
Sources for Technical Guidance:
(a)
Technical guidance for stormwater management measures can be
found in the documents listed below, which are available to download
from the Department's website at: https://www.nj.gov/dep/stormwater/bmp_manual2.htm.
(1)
Guidelines for stormwater management measures are contained
in the New Jersey Stormwater Best Management Practices Manual, as
amended and supplemented. Information is provided on stormwater management
measures such as, but not limited to, those listed in Tables 1, 2,
and 3.
(2)
Additional maintenance guidance is available on the Department's
website at: https://www.njstormwater.org/maintenance_guidance.htm.
(b)
Submissions required for review by the Department should be
mailed to: The Division of Water Quality, New Jersey Department of
Environmental Protection, Mail Code 401-02B, PO Box 420, Trenton,
New Jersey 08625-0420.
7.
Solids and Floatable Materials Control Standards:
(a)
Site design features identified under Subsection 18-5.3f4(f) above, or alternative designs in accordance with Subsection 18-5.3f4(g) above, to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see Subsection 18-5.3f7(a)(2) below.
(1)
Design engineers shall use one of the following grates whenever
they use a grate in pavement or another ground surface to collect
stormwater from that surface into a storm drain or surface water body
under that grate:
(i)
The New Jersey Department of Transportation (NJDOT)
bicycle safe grate, which is described in Chapter 2.4 of the NJDOT
Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines;
or
(ii)
A different grate, if each individual clear space
in that grate has an area of no more than 7.0 square inches, or is
no greater than 0.5 inch across the smallest dimension.
|
Examples of grates subject to this standard include
grates in grate inlets, the grate portion (non-curb-opening portion)
of combination inlets, grates on storm sewer manholes, ditch grates,
trench grates, and grates of spacer bars in slotted drains. Examples
of ground surfaces include surfaces of roads (including bridges),
driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields,
open channels, and stormwater system floors used to collect stormwater
from the surface into a storm drain or surface water body.
|
(iii)
For curb-opening inlets, including curb-opening
inlets in combination inlets, the clear space in that curb opening,
or each individual clear space if the curb opening has two or more
clear spaces, shall have an area of no more than 7.0 square inches,
or be no greater than 2.0 inches across the smallest dimension.
(2)
The standard in paragraph (a)(1) above does not apply:
(i)
Where each individual clear space in the curb opening
in existing curb-opening inlet does not have an area of more than
9.0 square inches;
(ii)
Where the municipality agrees that the standards
would cause inadequate hydraulic performance that could not practicably
be overcome by using additional or larger storm drain inlets;
(iii)
Where flows from the water quality design storm
as specified in N.J.A.C. 7:8 are conveyed through any device (e.g.,
end of pipe netting facility, manufactured treatment device, or a
catch basin hood) that is designed, at a minimum, to prevent delivery
of all solid and floatable materials that could not pass through one
of the following:
[a]
A rectangular space four and 4.625 inches long
and 1.5 inches wide (this option does not apply for outfall netting
facilities); or
[b]
A bar screen having a bar spacing of 0.5 inches.
|
Note that these exemptions do not authorize any
infringement of requirements in the Residential Site Improvement Standards
for bicycle safe grates in new residential development (N.J.A.C. 5:21-4.18(b)2
and 7.4(b)1).
|
(iv)
Where flows are conveyed through a trash rack
that has parallel bars with one-inch spacing between the bars, to
the elevation of the Water Quality Design Storm as specified in N.J.A.C.
7:8; or
(v)
Where the New Jersey Department of Environmental
Protection determines, pursuant to the New Jersey Register of Historic
Places Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard
is an undertaking that constitutes an encroachment or will damage
or destroy the New Jersey Register listed historic property.
8.
Safety Standards for Stormwater Management Basins:
(a)
This section sets forth requirements to protect public safety
through the proper design and operation of stormwater management BMPs.
This section applies to any new stormwater management BMP.
(b)
The provisions of this section are not intended to preempt more stringent municipal or county safety requirements for new or existing stormwater management BMPs. Municipal and county stormwater management plans and ordinances may, pursuant to their authority, require existing stormwater management BMPs to be retrofitted to meet one or more of the safety standards in Subsections 18-5.3f8(c)(1), 18-5.3f8(c)(2) and 18-5.3f8(c)(3) for trash racks, overflow grates, and escape provisions at outlet structures.
(c)
Requirements for Trash Racks, Overflow Grates and Escape Provisions.
(1)
A trash rack is a device designed to catch trash and debris
and prevent the clogging of outlet structures. Trash racks shall be
installed at the intake to the outlet from the Stormwater management
BMP to ensure proper functioning of the BMP outlets in accordance
with the following:
(i)
The trash rack shall have parallel bars, with no
greater than six-inch spacing between the bars;
(ii)
The trash rack shall be designed so as not to
adversely affect the hydraulic performance of the outlet pipe or structure;
(iii)
The average velocity of flow through a clean
trash rack is not to exceed 2.5 feet per second under the full range
of stage and discharge. Velocity is to be computed on the basis of
the net area of opening through the rack; and
(iv)
The trash rack shall be constructed of rigid,
durable, and corrosion resistant material and designed to withstand
a perpendicular live loading of 300 pounds per square foot.
(2)
An overflow grate is designed to prevent obstruction of the
overflow structure. If an outlet structure has an overflow grate,
such grate shall meet the following requirements:
(i)
The overflow grate shall be secured to the outlet
structure but removable for emergencies and maintenance.
(ii)
The overflow grate spacing shall be no less than
two inches across the smallest dimension.
(iii)
The overflow grate shall be constructed and installed
to be rigid, durable, and corrosion resistant, and shall be designed
to withstand a perpendicular live loading of 300 pounds per square
foot.
(3)
Stormwater management BMPs shall include escape provisions as
follows:
(i)
If a stormwater management BMP has an outlet structure, escape provisions shall be incorporated in or on the structure. Escape provisions include the installation of permanent ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management BMPs. With the prior approval of the municipality pursuant to Subsection 18-5.3f8(c), a free-standing outlet structure may be exempted from this requirement;
(ii)
Safety ledges shall be constructed on the slopes of all new stormwater management BMPs having a permanent pool of water deeper than two and one-half feet. Safety ledges shall be comprised of two steps. Each step shall be four feet to six feet in width. One step shall be located approximately 2 1/2 feet below the permanent water surface, and the second step shall be located one to 1 1/2 feet above the permanent water surface. See Subsection 18-5.3f8(e) for an illustration of safety ledges in a stormwater management BMP; and
(iii)
In new stormwater management BMPs, the maximum
interior slope for an earthen dam, embankment, or berm shall not be
steeper than three horizontal to one vertical.
(d)
Variance or Exemption from Safety Standard. A variance or exemption
from the safety standards for stormwater management BMPs may be granted
only upon a written finding by the municipality that the variance
or exemption will not constitute a threat to public safety.
(e)
Safety Ledge Illustration.
|
Elevation View - Basin Safety Ledge Configuration
 |
9.
Requirements for a Site Development Stormwater Plan:
(a)
Submission of Site Development Stormwater Plan.
(1)
Whenever an applicant seeks municipal approval of a development subject to this Subsection 18-5.3f, the applicant shall submit all of the required components of the Checklist for the Site Development Stormwater Plan at Subsection 18-5.3f9(c) below as part of the submission of the application for approval.
(2)
The applicant shall demonstrate that the project meets the standards set forth in this Subsection 18-5.3f.
(3)
The applicant shall submit the required number of copies of the materials listed in the checklist for site development stormwater plans in accordance with Subsection 18-5.3f9(c).
(b)
Site Development Stormwater Plan Approval. The applicant's Site Development project shall be reviewed as a part of the review process by the municipal board or official from which municipal approval is sought. That municipal board or official shall consult the municipality's review engineer to determine if all of the checklist requirements have been satisfied and to determine if the project meets the standards set forth in this Subsection 18-5.3f.
(c)
Submission of Site Development Stormwater Plan. The following
information shall be required:
(1)
Topographic Base Map.
The reviewing engineer may require upstream tributary drainage
system information as necessary. It is recommended that the topographic
base map of the site be submitted which extends a minimum of 200 feet
beyond the limits of the proposed development, at a scale of one inch
equals 200 feet or greater, showing two-foot contour intervals. The
map as appropriate may indicate the following: existing surface water
drainage, shorelines, steep slopes, soils, erodible soils, perennial
or intermittent streams that drain into or upstream of the Category
One waters, wetlands and flood plains along with their appropriate
buffer strips, marshlands and other wetlands, pervious or vegetative
surfaces, existing man-made structures, roads, bearing and distances
of property lines, and significant natural and manmade features not
otherwise shown.
(2)
Environmental Site Analysis.
A written and graphic description of the natural and man-made
features of the site and its surroundings should be submitted. This
description should include a discussion of soil conditions, slopes,
wetlands, waterways and vegetation on the site. Particular attention
should be given to unique, unusual, or environmentally sensitive features
and to those that provide particular opportunities or constraints
for development.
(3)
Project Description and Site Plans.
A map (or maps) at the scale of the topographical base map indicating
the location of existing and proposed buildings roads, parking areas,
utilities, structural facilities for stormwater management and sediment
control, and other permanent structures. The map(s) shall also clearly
show areas where alterations will occur in the natural terrain and
cover, including lawns and other landscaping, and seasonal high groundwater
elevations. A written description of the site plan and justification
for proposed changes in natural conditions shall also be provided.
(4)
Land Use Planning and Source Control Plan. This plan shall provide
a demonstration of how the goals and standards of Subsections 18-5.3f3
through 18-5.3f5 are being met. The focus of this plan shall be to
describe how the site is being developed to meet the objective of
controlling groundwater recharge, stormwater quality and stormwater
quantity problems at the source by land management and source controls
whenever possible.
(5)
Stormwater Management Facilities Map.
The following information, illustrated on a map of the same
scale as the topographic base map, shall be included:
(i)
Total area to be disturbed, paved or built upon,
proposed surface contours, land area to be occupied by the stormwater
management facilities and the type of vegetation thereon, and details
of the proposed plan to control and dispose of stormwater.
(ii)
Details of all stormwater management facility
designs, during and after construction, including discharge provisions,
discharge capacity for each outlet at different levels of detention
and emergency spillway provisions with maximum discharge capacity
of each spillway.
(6)
Calculations.
(i)
Comprehensive hydrologic and hydraulic design calculations
for the pre- development and post-development conditions for the design
storms specified in Subsection 18-5.3f4.
(ii)
When the proposed stormwater management control
measures depend on the hydrologic properties of soils or require certain
separation from the seasonal high water table, then a soils report
shall be submitted. The soils report shall be based on onsite boring
logs or soil pit profiles. The number and location of required soil
borings or soil pits shall be determined based on what is needed to
determine the suitability and distribution of soils present at the
location of the control measure.
(7)
Maintenance and Repair Plan.
The design and planning of the stormwater management facility
shall meet the maintenance requirements of Subsection 18-5.3f10.
(8)
Waiver from Submission Requirements.
The municipal official or board reviewing an application under this Subsection 18-5.3f may, in consultation with the municipality's review engineer, waive submission of any of the requirements in Subsection 18-5.3f9(c)(1) through Subsection 18-5.3f9(c)(6) when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.
10.
Maintenance and Repair:
(a)
Applicability. Projects subject to review as in Subsection 18-5.3f1(c) shall comply with the requirements of Subsection 18-5.3f10(b) and 18-5.3f10(3)(c).
(b)
General Maintenance.
(1)
The design engineer shall prepare a maintenance plan for the
stormwater management measures incorporated into the design of a major
development.
(2)
The maintenance plan shall contain specific preventative maintenance
tasks and schedules; cost estimates, including estimated cost of sediment,
debris, or trash removal; and the name, address, and telephone number
of the person or persons responsible for preventative and corrective
maintenance (including replacement). The plan shall contain information
on BMP location, design, ownership, maintenance tasks and frequencies,
and other details as specified in Chapter 8 of the NJ BMP Manual,
as well as the tasks specific to the type of BMP, as described in
the applicable chapter containing design specifics.
(3)
If the maintenance plan identifies a person other than the property
owner (for example, a developer, a public agency or homeowners'
association) as having the responsibility for maintenance, the plan
shall include documentation of such person's or entity's
agreement to assume this responsibility, or of the owner's obligation
to dedicate a stormwater management facility to such person under
an applicable ordinance or regulation.
(4)
Responsibility for maintenance shall not be assigned or transferred
to the owner or tenant of an individual property in a residential
development or project, unless such owner or tenant owns or leases
the entire residential development or project. The individual property
owner may be assigned incidental tasks, such as weeding of a green
infrastructure BMP, provided the individual agrees to assume these
tasks; however, the individual cannot be legally responsible for all
of the maintenance required.
(5)
If the party responsible for maintenance identified under Subsection 18-5.3f10(b)(3) above is not a public agency, the maintenance plan and any future revisions based on Subsection 18-5.3f10(b) below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.
(6)
Preventative and corrective maintenance shall be performed to
maintain the functional parameters (storage volume, infiltration rates,
inflow/outflow capacity, etc.) of the stormwater management measure,
including, but not limited to, repairs or replacement to the structure;
removal of sediment, debris, or trash; restoration of eroded areas;
snow and ice removal; fence repair or replacement; restoration of
vegetation; and repair or replacement of non-vegetated linings.
(7)
The party responsible for maintenance identified under Subsection 18-5.3f10(b)(3) above shall perform all of the following requirements:
(i)
Maintain a detailed log of all preventative and
corrective maintenance for the structural stormwater management measures
incorporated into the design of the development, including a record
of all inspections and copies of all maintenance-related work orders;
(ii)
Evaluate the effectiveness of the maintenance
plan at least once per year and adjust the plan and the deed as needed;
and
(iii)
Retain and make available, upon request by any public entity with administrative, health, environmental, or safety authority over the site, the maintenance plan and the documentation required by Subsections 18-5.3f10(b)(6) and 18-5.3f10(b)(7) above.
(iv)
The maintenance and repair information listed
herein shall be made accessible for review by Sparta Township representatives
when requested.
(8)
The requirements of Subsections 18-5.3f10(b)(3) and 18-5.3f10(b)(4) do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency, subject to all applicable municipal stormwater general permit conditions, as issued by the Department.
(9)
In the event that the stormwater management facility becomes
a danger to public safety or public health, or if it is in need of
maintenance or repair, the municipality shall so notify the responsible
person in writing. Upon receipt of that notice, the responsible person
shall have 14 days to effect maintenance and repair of the facility
in a manner that is approved by the municipal engineer or his designee.
The municipality, in its discretion, may extend the time allowed for
effecting maintenance and repair for good cause. If the responsible
person fails or refuses to perform such maintenance and repair, the
municipality or County may immediately proceed to do so and shall
bill the cost thereof to the responsible person. Nonpayment of such
bill may result in a lien on the property.
(c)
Nothing in this subsection shall preclude the municipality in
which the major development is located from requiring the posting
of a performance or maintenance guarantee in accordance with N.J.S.A.
40:55D-53.
(1)
A maintenance guarantee, with a two-year term for specifically
stormwater management facilities shall be posted with Sparta Township,
and shall be applicable to initial defective workmanship and materials,
and not routine operating and maintenance tasks. This security shall
be required from the developer for all stormwater facilities, including
facilities to be dedicated to Sparta Township or another public entity;
or to those remaining under private ownership and operation.
(2)
A twenty-five-year term, sinking fund escrow account shall be
posted with Sparta Township to cover operating and maintenance costs
of stormwater management facilities, which are dedicated to Sparta
Township. The maintenance costs, as referenced in Subsection 18-5.3f9(b)(2)
shall be approved by the Township Engineer. This fund shall be established
in a Developer's Agreement with the Township Council.
11.
Penalties.
(a)
Any person who erects, constructs, alters, repairs, converts, maintains, or uses any building, structure or land in violation of this Subsection 18-5.3f shall be subject to the penalties defined in Township of Sparta's Comprehensive Land Code, Section 18-7, Administration and Enforcement (Subsection 18-7.2 Penalties).
g.
Top Soil Protection. Top soil which shall be moved in the course
of regrading or building within a subdivision shall not be used as
spoil or be removed from the subdivision site. Such top soil shall
be redistributed over building sites and stabilized by seeding or
planting.
h.
Parking Standards.
1.
Standards for Off-Street Parking Requirements:
(a)
All nonresidential uses shall provide off-street parking facilities.
The number of parking spaces required shall be based on the following
standard for parking ratio requirements:
|
Type of Use
|
Specific Uses
|
Required Spaces
|
|---|---|---|
|
Commercial
|
Retail
|
1/200 square feet of gross leasable area
|
|
Office and banks
|
1/200 square feet of gross leasable area
| |
|
Medical
|
1/200 square feet of gross leasable area
| |
|
Hotels, motels
|
1 per sleeping room
| |
|
Funeral homes
|
10 plus 1 for every 50 square feet of gross floor area
| |
|
Dance studio, karate studio or similar use
|
1/100 square feet of gross area
| |
|
Restaurants
|
1 for each 3 seats or 1 for each 50 square feet of service and
eating area (excluding kitchen and storage, whichever is greater)
| |
|
Real estate offices for commercial or residential properties
|
1/100 square feet of gross area
| |
|
Industrial
|
Warehousing
|
1/employee or 1/500 square feet
|
|
Light manufacturing
|
1/employee or 1/500 square feet
| |
|
Heavy manufacturing
|
1/employee or 1/500 square feet (whichever is the greater)
| |
|
Institutional
|
Wholesale store, building materials store, appliance and furniture
store
|
1 for each 300 square feet of gross leasable floor area
|
|
Churches, auditoriums, theaters, assembly halls, dance halls,
community buildings
|
1 for each 3 seats
| |
|
Hospitals, nursing homes, medical institutions
|
1 for each 2 beds
| |
|
Senior citizen assisted living, residential care and/or independent
living units
|
0.20 parking spaces per bed for assisted living or similar use
and 1 space per unit for independent living units or similar use.
There shall be at least 1 space per employee and 10% of the total
parking shall be added to the total as visitor parking
|
(b)
Each such parking space shall have an area of not less than
180 square feet exclusive of access drives or aisles, and shall be
a minimum of nine by 20 feet. In commercial zones, parking is not
permitted in the front or side yards unless specifically approved
by the Planning Board with a site plan waiver.
(c)
Any building containing more than one use shall meet the combined
parking space requirements for all uses in the building. Any change
in use within a building shall be required to meet the minimum parking
requirements for the new use.
(d)
Where appropriate, because of defined use schedule separation,
parking requirements may be shared, in full or part, if specifically
approved by the Planning Board.
(e)
If it can be clearly demonstrated that because of the peculiar
nature of any use all of the required parking is not necessary, the
Planning Board may permit a reduction in the amount of parking area
to be paved; provided, however, that the entire required parking area
shall be shown on the site plan so that it will be available in the
event future conditions should so require.
(f)
All off-street parking areas other than agricultural and residential
parking areas shall be paved with bituminous concrete two inches thick
after compaction, on a stable base of soil aggregate class 5 Type
"A" four inches thick after compaction and approved by the Township
Engineer.
(g)
All parking and loading areas shall be graded and equipped with
adequate drainage facilities as approved by the Township Engineer.
(h)
All parking and loading spaces shall be appropriately marked
with painted lines four inches wide.
(i)
Lighting in connection with off-street parking shall be so arranged
and shielded as to reflect the light downward away from adjoining
streets or properties. An average of 0.5 foot candle intensity shall
be the minimum intensity in a parking area.
(j)
All parking areas shall provide for adequate ingress and egress
and safe, convenient traffic circulation and the following minimum
standards:
(1)
Any off-street parking area with 40 or less parking spaces and
not exceeding 200 feet in length from the remotest point to the point
of access to a public cartway and which has at least one hammerhead
turnaround at or near the remotest point, may have one means of ingress-egress.
(2)
Any off-street parking area with greater than 40 but less than
120 parking spaces and which does not exceed 600 feet in length from
the remotest point to the point of access to a public cartway and
which has at least one full turnaround as required by Subsection 18-5.3j5
to provide full clearance for a fire truck and/or standard trailer
moving van at or near the remotest point may have one means of ingress-egress.
(3)
All other conditions shall require as a minimum at least two
separate means of ingress-egress with one-way circulation loops preferred.
(k)
The off-street parking area shall be effectively screened on
any side which adjoins or faces premises situated in any residential
zones, by a fence or wall not less than four nor more than six feet
in height, maintained in good condition provided, however, that a
screening or hedge or other natural landscaping may be substituted
for the required fence or wall if approved by the Planning Board.
The fence as required by this subsection may be waived by the Planning
Board if, in the Board's judgment, because of topographical or other
unusual conditions, said fence is not necessary to screen adjoining
residential property.
(l)
Off-street parking areas shall be used solely for the parking
of passenger automobiles and no commercial repair work or service
of any kind shall be conducted on the parking lot nor shall such lots
be used for the parking of disabled, dismantled, inoperable or unregistered
vehicles.
(m)
No signs other than "entrance", "exit", or conditions of use
signs shall be maintained not to exceed one square foot for each face.
(n)
Parking areas shall be enclosed by concrete curbing six inches
above the paved surface or granite block as approved by the Planning
Board, and unless otherwise required by this subsection, located at
least five feet from any property line or nearest structural wall
of a building, except that in the commercial zones parking areas may
be constructed up to the property line which abuts a parking area
on property in the commercial zones and further provided proper access
and circulation between the two parking areas is provided.
(o)
All parking areas shall be designed with service aisles to meet
the following standards:
|
Angle
|
Aisle Width
|
|---|---|
|
Parallel parking
|
12 feet
|
|
30° angle parking
|
11 feet
|
|
45° angle parking
|
13 feet
|
|
60° angle parking
|
18 feet
|
|
90° angle parking
|
24 feet
|
(p)
All portions of the property not used for off-street parking shall be attractively landscaped with grass lawns, trees and shrubs as required in Subsection 18-5.3o.
(q)
All off-street parking areas shall be subject to the approval
of the Planning Board to insure their adequacy, relation to traffic
safety and protection of the adjacent properties.
(r)
Off-Street Parking Exceptions. Any owner or group of owners
of a nonresidential building, buildings or uses in commercial or industrial
districts may jointly sponsor off-street parking facilities provided
that the area of the parking facilities equals the total parking area
requirements of each owner participating therein, that such jointly
sponsored facilities comply with all the other requirements of this
chapter and further provided that any participating use is no farther
from the parking area than 300 feet.
(s)
Off-Street Loading Spaces. In all zones for every building or
use requiring the receipt or distribution in vehicles of materials
or merchandise, there shall be provided on the same property with
such building or uses off-street loading spaces in relation to the
floor area as follows:
|
Floor Area in Square Feet
|
Number of Spaces
|
|---|---|
|
9,999 or less
|
1
|
|
10,000 to 19,999
|
2
|
|
20,000 to 49,999
|
3
|
|
50,000 to 100,000
|
4
|
|
Each additional 100,000 or part thereof
|
1
|
(1)
Each loading space shall be at least 12 feet in width, 30 feet
in length and have a fourteen-foot clearance above grade, provided,
however, that the Planning Board may require additional length of
up to 55 feet depending on the length of vehicles using said space.
(t)
Setbacks. All off-street parking areas shall be separated from
sidewalks by a minimum setback of four feet and from other vehicular
paved areas by a minimum of eight feet.
(u)
Planting. Planting shall be in accordance with Subsection 18-5.3o, Landscaping Design Standards.
(v)
Residential Off-Street Parking Standards.
(1)
Provisions shall be made for two off-street parking spaces for
every dwelling unit, one of which shall be in an enclosed garage for
each single family detached dwelling unit constructed subsequent to
1977, Ordinance No. 518.
Such off-street parking areas and all driveways shall be constructed in accordance with the specifications contained in Subsection (2) below.
(2)
Residential off-street parking spaces and driveways which slope toward any street, at an average grade of more than 3% within 50 feet of the street shall be constructed in accordance with the following specifications, except as provided in Subsection (5) below:
(3)
Driveway grades shall not exceed 15% at any point along its
entire length. In addition, the driveway grade shall not exceed 8%
for a distance of eight feet from the curbline and a vertical curve
provided between said 8% grade and any increase in grade. Driveway
grades shall be no more than 8% within 12 feet of a garage.
(4)
The side slopes of driveways shall be topsoiled, seeded, fertilized
and mulched to prevent erosion. If banks reach or exceed a 2:1 slope,
crownvetch or some other stabilizing material shall be planted or
retaining walls constructed based on recommendation of the Township
Engineer.
(5)
Notwithstanding the foregoing provisions, driveways in excess of 100 feet in length with grades not exceeding 4% may, in lieu of the requirements in Subsections (2)(i) and (2)(ii), be constructed of shale, stone or other material as approved by the Township Engineer to a minimum depth of two inches. All other requirements of Subsections (3) and (4) shall apply. Driveways in excess of 100 feet in length exceeding a grade of 3% shall be constructed in accordance with standards and specifications as recommended by the Township Engineer.
(6)
Individual lots shall have a driveway located no closer than
five feet from an adjoining property line.
i.
Swimming Pools.
1.
Private Swimming Pools.
(a)
Application for Permit. No person shall locate and construct,
alter or install a private swimming pool without first having obtained
a permit therefor as hereinafter prescribed, except that a permit
for construction or installation of a wading pool is not required.
Before excavation or any other work is commenced on the construction
or installation of a pool or the alteration, enlargement, remodeling
or other improvement thereof, an application shall be made to the
Construction Official in a form approved by the Council, which shall
be accompanied by final plans, specifications and reports showing
the following data:
(1)
Detailed plat plan of the entire property showing existing structures
on the premises and adjoining premises, including the location of
nearby septic tanks, disposal fields and seepage pits, as well as
the proposed pool drawn to scale, with pertinent dimensions and grade
elevations shown at pool, buildings and property lines.
(2)
Detailed plans to scale with dimensions and specifications for
the construction of the pool (or other change in existing pools) including
piping arrangement, pumps, water treatment facilities, including operating
instructions therefor, source of water to be used and report showing
quality thereof for potable purposes, provisions for emptying pool
and disposal of waste water and all other facilities proposed by the
applicant or required by this chapter.
(b)
Issuance of Permit; Certificate of Occupancy. When the plans
and specifications are filed in a form complying with this section,
and have been approved by the Construction Official, Sanitarian and
Plumbing Inspector, a permit to construct the same shall be issued.
Upon completion, no pool shall be used until inspected by the Construction
Official, Sanitarian and Plumbing Inspector and a certificate of occupancy
has been issued by the Construction Official.
(c)
Design and Construction Requirements. No permit shall be issued
for the construction or other change in a pool unless the construction
or installation conforms to the following minimum standards.
(1)
No pool shall be designed or located so as to constitute a nuisance
or hazard to nearby owners of property or the public.
(2)
Outdoor pools must be located within the setback lines prescribed
by the zoning regulations of the Township and in no event shall a
pool be located so that water therein will be closer than 10 feet
to any outside property lines or any building on the premises or adjoining
premises. The body of a pool (that part used for swimming or bathing)
may not be closer than 25 feet to a septic tank, disposal field or
seepage pit.
(3)
The surface area of the water in the pool shall not exceed 50%
of the side, front or rear yard area where it is located.
(4)
Fences. The Township Council expressly declares that pools which
are not properly fenced are detrimental to the health, safety and
welfare of the residents of the Township. Therefore, all pools now
existing or hereafter constructed, installed, established or maintained
shall be completely enclosed by a permanent fence or wall enclosure
of durable material not less than four feet in height but otherwise
conforming to other applicable ordinances limiting fence height, and
shall be constructed with no openings, meshed holes or gaps larger
than four inches in dimension either in the fence or beneath it and
should reasonably prevent any person from gaining access beneath any
parts of the fence. If a picket fence is erected or maintained, the
spaces between the pickets shall not be in excess of four inches.
A dwelling or accessory building may be used as part of such enclosure.
All fence openings or points of entry into the pool area enclosure
shall be equipped with self-enclosing and self-latching devices placed
at the top of the gate and made inaccessible to small children. Above-the-ground
pools with straight sides four feet or more in height are excluded
from the provisions of this section. Any access ladder or steps used
with any of the above-ground type pools whether permanent or portable,
shall be removed from the pools when not in use. Removal shall be
defined as not capable of being used to enter the pool.
(5)
The pool must be constructed of an impervious material which
provides a watertight tank. Sand or dirt bottoms or sides are therefore
prohibited.
(6)
The grade of the area surrounding the pool or its construction
shall not allow the flow of surface water into the pool.
(7)
The water to be used for filling or makeup purposes shall be
of drinking water quality and the pool shall not be filled from lakes
or streams not meeting these standards. No cross connection between
a pool and a public water supply is permitted.
(8)
The pool must be equipped with a pressure gauge and filter,
having a relief valve, a diatomaceous filter or an approved equivalent
having sufficient capacity to provide complete recirculation of the
pool water in eight hours or less.
(9)
Adequate provision shall be made for the disposal of pool water
when emptying same and for the disposal of backwash water. Effluent
may be used upon or in lawns, fields, woods or dry wells provided
such disposal areas are entirely on the property of the applicant.
Water emptied into streams or lakes must be treated so as to have
between one and six parts per million of chlorine. Where feasible,
public storm drains may be used provided the applicant, after written
application, receives written permission therefor from the Township
Engineer.
(10)
Piping and drains shall comply with the Township Plumbing Code.
A fill pipe is not required and the pool may be filled with a hose.
The fill pipe or hose must be a minimum of six inches above the trim
of the pool. Prefabricated pools shall be assembled according to manufacturer's
specifications.
(11)
Electrical Requirements.
(i)
No overhead current carrying electricity conductors
shall cross pools or be located within 10 feet of such pool.
(ii)
All metal fences, enclosures or railings near
or adjacent to pools which might become electrically alive as a result
of contact with broken overhead conductors or from any other cause
shall be effectively grounded.
(iii)
Lights used to illuminate any pool shall be so
arranged and shaded as to reflect light away from the adjoining premises.
No unshielded lights shall be permitted.
(iv)
Underwater lights shall be prohibited unless they
are 30 volts or less.
(v)
All electrical equipment shall comply with the
New Jersey Uniform Construction Code.
(d)
Regulation of Use.
(1)
No pool shall be maintained or used in such a manner as to violate
the design or construction standards.
(2)
The gate or gates in the fence or enclosure around the pool
shall be kept securely locked at all times with a padlock or other
lock and key when the pool is not in use.
(3)
No commercial use of a pool is permitted.
(4)
The entire volume of water shall be filtered and chemically
treated by circulation through the filter system once each day during
the swimming season.
(5)
Approved disposal of water must be used in emptying pool or disposing of backwash water as provided by Subsection i1(c)(9).
(6)
The police, Sanitarian and Construction Official shall be permitted
to inspect the pool area at any time.
(7)
Pool water shall be tested monthly during the swimming season
for residual chlorine by the orthotolindine text and color comparator.
Residual chlorine must be maintained between 2/10 and 6/10 parts per
million during the period when the pool is in use. The pH of the pool
water shall range from neutral 7.0 to slightly alkaline (not to exceed
7.6).
2.
Public Swimming Pools. This section shall not be deemed to apply to or include private swimming pools as defined in § 18-2.
(a)
Adoption of Swimming Pool Code of New Jersey.
(1)
The Swimming Pool Code of New Jersey (1970) is hereby incorporated
in this subsection by reference and made a part hereof as fully as
though it had been set forth at length herein.
(2)
In accordance with law, 10 printed copies of the Swimming Pool
Code of New Jersey (1970) have been placed on file in the office of
the Township Clerk and in the office of the Sanitarian of the Township
and shall remain on file in said offices for the use and examination
of the public so long as this subsection shall remain in effect.
(3)
The Swimming Pool Code of New Jersey (1970) shall mean and refer
to that certain code approved by the State Department of Health, for
adoption by reference by local boards of health in accordance with
law, being a code:
(i)
Regulating and controlling the location and construction,
alteration and operation of swimming pools as therein defined;
(ii)
Regulating and controlling the issuance of licenses
to locate and construct, alter or operate swimming pools as therein
defined; and
(iii)
Declaring and defining certain swimming pools
as nuisances.
(4)
BOARD OF HEALTH
REGISTERED MAIL
Whenever the following words, terms or phrases are used in the
Swimming Pool Code of New Jersey (1970), they shall have the following
meanings herein given:
Shall mean and refer to the Health Department of the Township.
Shall include certified mail.
(b)
Expiration of Permits and Licenses; License Renewals.
(1)
Permits to locate and construct or alter a swimming pool shall
expire nine months after issuance unless extended by the issuing authority
for cause.
(2)
Licenses issued for the operation of swimming pools shall expire
on May 29 following the date of issuance.
(3)
Applications for license renewals together with the required
license fee shall be submitted prior to operation in each new license
year.
(c)
Denial or Suspension or Revocation of Permit or License.
(1)
A permit or license required under this section may be denied
or suspended or revoked by the Sanitarian or Construction Official
for failure to comply with any provision of this section including
the Swimming Pool Code of New Jersey (1970) incorporated herein by
reference.
(2)
The person whose license has been denied or suspended or revoked
may take an appeal to the Township Council within 45 days of the denial
or suspension or revocation.
j.
Fire Protection Systems.
[Amended 9-8-2020 by Ord. No. 2020-09]
1.
All site plans shall provide a fire protection system meeting the
following minimum requirements:
(a)
All fire protection systems shall conform to all applicable
standards of the National Fire Protection Association (NFPA), International
Fire Code, American Water Works Association (AWWA), N.J.A.C. 7:10-1
through 7:10-11.3 (commonly known as the "Safe Drinking Water Act
Regulations") and any revisions or amendments thereto.
(b)
Total firefighting water supply shall be no less than 2,000
gallons per building.
(c)
Water storage facilities for firefighting water shall be designed
to automatically maintain the required capacity for fire protection
purposes.
(d)
Each fire hydrant shall be capable of supplying a minimum flow
of 500 gallons per minute at no less than 20 p.s.i. residual system
pressure at the highest elevation of the water system.
2.
All occupancies other than R-4 as defined by the International Building
and Fire Code shall meet the following requirements:
(a)
Minimum firefighting water supply requirements shall conform
to NFPA 1142 Standard on Water Supplies for Suburban and Rural Fire
Fighting.
(b)
The maximum distance from an occupancy or structure to the firefighting
water source shall not exceed 500 feet by way of a hard surfaced and
maintained road or designated fire lane.
(c)
If a drafting standpipe is used for firefighting purposes, then
plans and specifications shall meet the approval of the Sparta Township
Fire Prevention Bureau.
3.
All site plans must be designed in accordance with the International
Fire Apparatus Road requirements to allow for the access of emergency
vehicles, including fire apparatus, ambulances and police cars. Fire
lanes shall be provided for commercial and industrial type developments
to provide access to fire protection facilities.
4.
If a stream or pond exists on a property that requires a central
water system, and the stream or pond can be developed into an adequate
and reliable water supply, then a standpipe shall be constructed as
a backup supply of water to the central water system for fire protection
purposes.
5.
Prior to final approval of any site plan which requires a firefighting
water supply system, the Fire Prevention Bureau shall conduct or witness
any and all tests necessary to ensure that the system meets the firefighting
requirements of the Sparta Fire Department. The Fire Prevention Bureau
shall then issue a letter to the Planning Board indicating that the
system has been tested and is accepted by the Fire Prevention Bureau.
This requirement is in addition to the tests and inspections conducted
by the Township Engineer, Water Department, and inspections conducted
by or other required agencies.
6.
Existing occupancies other than use group R-4 shall be required to
conform to the requirements of NFPA Standard 1142 whenever an application
for site plan approval is submitted in order to provide the minimum
water supply requirements for firefighting purposes for the entire
site.
k.
Central Water Facilities.
[Amended 9-8-2020 by Ord. No. 2020-09]
1.
Any subdivision or site plan on property that is located within 2,000
feet of a central water facility shall provide all necessary central
water facility systems to support itself after interconnecting with
the existing approved central water facility.
2.
Any multi-family development shall provide central water.
3.
Any major subdivision or major site plan shall provide central water.
4.
Any major subdivision that is not capable of being subdivided into
15 lots or more after applying the applicable zoning requirements
and constraint calculations shall still provide all components of
a central water system, except that the Planning Board may waive the
requirement of a source of water and treatment facilities as recommended
by the Township Engineer. If a source of water is waived by the Planning
Board, each dwelling shall be serviced by an individual well until
such time as the distribution system is interconnected with an approved
central water system. At that time each dwelling owner shall be required
to properly abandon his well and finalize his connection to the central
water system. A deed restriction to this effect shall be placed on
the final subdivision plat.
5.
All central water facilities shall conform to N.J.A.C. 7:10-1 through
7:10-11.13, commonly known as the "Safe Drinking Water Act Regulations"
and any revisions or amendments thereto, except where the standards
contained herein exceed those contained in the "Safe Drinking Water
Act Regulations," in which case the standards contained herein shall
apply.
6.
All construction of central water facilities shall comply with all
applicable standards as set forth by the American Water Works Association
(AWWA) as said standards apply to the various components of a central
water facility.
7.
All central water systems shall be designed to operate as a pump-storage
type of system using gravity flow.
8.
Wellhouse. The following information shall be required in addition
to all the other requirements specified in the standards referenced
hereinabove.
(a)
Architectural plans of the proposed wellhouse shall be submitted,
showing plan view, elevation views of all sides, typical sections,
landscaping plan and a plot plan showing all site improvements to
be installed to service the wellhouse, including but not limited to
the following items:
(b)
A complete auxiliary generator system with interconnecting-wiring
shall be provided for all central water facilities.
(c)
Pressure gauges graduated in increments not higher than five
p.s.i. shall be provided at appropriate locations in the wellhouse
piping system.
(d)
Sampling taps shall be provided for raw water samples and finished
water samples in the wellhouse. There shall be at least 18 inches
of clearance below these taps to permit the use of large sampling
bottles.
(e)
Floor drains in wellhouses shall be piped to an approved discharge.
(f)
Well water level indicators shall be provided with indicator
gauges that can be calibrated to read the water level in the well
directly on the gauge. An air pump shall be supplied as part of the
standard equipment in the wellhouse.
(g)
A test sink shall be provided in the wellhouse to test for chlorine
residual. The waterline serving this sink shall be tapped into the
watermain and supplied with a separate curb stop and curb box. The
tap shall be located a sufficient distance away from the point of
chlorination to allow at least the minimum amount of contact time
specified by the New Jersey Department of Environmental Protection.
Calculations shall be submitted to support the proposed design.
(h)
All central water systems shall be provided with the following
materials and equipment in a storage cabinet furnished in the wellhouse.
(1)
D.P.D. test kit with one year's supply of reagents to test
for chlorine residual.
(2)
Repair parts needed to service any treatment equipment or pumping
equipment installed in the wellhouse.
(3)
A pre-cut bypass pipe with the necessary fitting to permit the
removal of the main meter in the wellhouse for servicing while keeping
the water system operable at the same time.
(4)
One year's supply of reagents used in the treatment processes
performed in the wellhouse.
(5)
A comprehensive manual containing manufacturers information
on all components of the central water system, suppliers and service
representatives, serial numbers and model numbers of all components
and warranties.
(6)
Two prints of an as-built map showing the layout of the central
water system, complete with ties from permanent structures to every
gate valve and curb box in the system.
(7)
A gate valve wrench and curb box wrench large enough to operate
every valve in the system.
(8)
An industrial size first aid kit.
(i)
Warning signs shall be posted on the exterior of the wellhouse
indicating any dangerous chemicals or substances used in the wellhouse.
(j)
All central water systems shall be provided with at least two
wells, regardless of the number of users or average daily water demand
on the system. The two wells shall be located at least 100 feet apart.
9.
Storage Tanks. The following information shall be required in addition
to all the other requirements specified in the standards referenced
hereinabove.
(a)
Storage tank(s) shall be sized to provide at least one and one-half
days water requirements based on the average annual demand, plus the
volume of water as required for fire protection.
(b)
A method of corrosion control shall be provided for the storage
tank(s).
(c)
Level control in storage tank(s) shall be by float control method.
(d)
Visible and audible alarm systems shall be installed in the
central water system wellhouse to indicate low or highwater levels
in the water storage tank(s).
(e)
Manual methods of measuring the water level in any water storage
tank(s) involved with the central water system shall be provided,
along with an appropriate measuring device.
(f)
Telemetry shall be provided from each well house and storage
tank to the central station at Germany Flats.
10.
Distribution Systems. The following information shall be required
in addition to all the other requirements specified in the standards
referenced above.
(a)
All distribution lines shall be looped to eliminate dead-end
waterlines in the water system. The distribution lines shall be extended
to the main road(s) that the subdivision fronts on and constructed
along the entire frontage on said main road(s) from outermost property
line to outermost property line to permit future tie-ins. The distribution
lines shall also be extended to the outside property lines of the
subdivision in areas where future expansion is possible on adjacent
property to promote additional looping of the distribution system.
The size of said distribution lines shall be as recommended by the
Township Engineer.
(b)
A Hardy-Cross analysis of the proposed central water system
shall be provided showing that the flow required for fire protection
at a fire hydrant can be achieved without lowering the water pressure
on the first floor of any dwelling units served by the water system
to less than 20 p.s.i.
(c)
Watermain pipe shall be ductile iron, Class 52 or higher, double
cement lined. Bronze wedges supplied and approved by the watermain
pipe manufacturer shall be installed in each joint to assure electrical
conductivity. Watermain pipe shall be buried to provide at least 4.5
feet of suitable cover material over the top of the pipe. Concrete
sand shall be placed around the watermain pipe to provide at least
six inches of concrete sand below and above said pipe, and at least
12 inches on each side of said pipe.
(d)
Watermain fittings, including but not limited to tees, wyes,
bends, and offsets shall be mechanical joint type, and be provided
with integrally cast lugs to accommodate reinforcing rods and other
types of restraint devices. Each watermain fitting shall be provided
with concrete thrust blocks poured against virgin earth. The size
of each thrust block shall be sufficient enough to withstand at least
twice the maximum thrust force that the fitting is ever expected to
experience.
(e)
Gate valves shall be provided on all legs of any tee, wye or
cross-type fitting, on each fire hydrant lead, on each blowoff pipe,
and at the terminus of any watermain that may be extended in the future.
Each gate valve shall be double rodded back to the nearest fitting
for restraint. Gate valves shall open by turning the operating nut
in a counterclockwise direction when viewed from the top.
(f)
Valve boxes of the slide type shall be provided on all gate
valves. The internally cast lugs of the top section of the valve box
shall not bear directly on the lower portion of the valve box or any
extension. The top portion of the valve box shall be one-half inch
below finished grade. The valve box cover shall have the word "water"
integrally cast in it.
(g)
In locations where vent pipes or blowoffs may discharge water,
suitable protection must be provided to prevent erosion and/or discharge
onto adjacent properties. Easements permitting the open discharge
of water from the central water system through blowoffs must be provided.
(h)
Each dwelling unit shall have its own individual service line,
complete with individual corporation stop, curb stop, curb box, and
meter. The curb box shall be located at least three feet from the
face of the curb, but within the right-of-way of the roadway. The
size of each service line shall be calculated to supply each dwelling
unit with sufficient water at sufficient pressure to meet the requirements
of the local building codes, but in no event shall the service line
be less than three-fourths inch in diameter. The service line shall
be constructed using type "K" copper water service tubing.
(i)
The distribution system shall be subjected to a static pressure
test(s) and dynamic flow test(s) prior to being accepted. Said tests
shall be witnessed by the Township Engineer or his representative
and a representative of the Fire Department.
11.
General Provisions. The following information shall be required in
addition to all the other requirements specified in the standards
referenced hereinabove.
(a)
All components of the central water system, including but not
limited to wellhouses, gate valves, and storage tank covers shall
be secured with commercial grade padlocks or door locks keyed alike.
Panic bar hardware shall be provided on all doors.
(b)
All components of the central water facility shall be designed
to be compatible and standardize with equipment that presently exists
in the water system being tied into, or other water supply facilities
owned and operated by the Township of Sparta.
(c)
A cost estimate for the construction of the central water facility
shall be provided.
(d)
The annual cost of operating and maintaining the central water
system shall be calculated and submitted. The estimated quarterly
charge to the users of the central water system shall also be calculated
and submitted.
(e)
A hydraulic profile of the water system shall be provided starting
at the source of the water, through the wellhouse and distribution
system to the user's tap.
l.
Central Sewage Facilities. (Reserved)
m.
Signs.
1.
Purpose and Intent.
(a)
The purpose of this subsection is to control the size, location
and character of all exterior and on-premises signs so as to provide
for attractive, coordinated and efficient signage in the Township.
Also it is the intent of this chapter to promote signs which are 1)
compatible with their surroundings, expressive of the identity of
the individual proprietors and of community character; 2) orderly,
readable and appropriate to the activity to which they pertain; and
3) nondistracting to motorists and do not constitute a traffic hazard.
2.
Applicability of Regulations. The following regulations shall apply
to all signs and outdoor advertising and shall be in addition to other
regulations for specific uses elsewhere in this chapter.
3.
General Provisions. The following general provisions are applicable
to all zones and shall apply to all permitted and pre-existing nonconforming
signs.
(a)
Sign Permit Required. No sign, either permanent or temporary,
shall be constructed or displayed unless a construction and/or sign
permit shall have first been obtained from the Construction Official.
Nonstructural maintenance and/or repairs do not require a permit.
(1)
Exemptions.
(i)
Customary warning, trespassing and posted signs,
traffic directional signs, and safety signs.
(ii)
Garage sale or similar activity, such signs are
not to exceed one square foot and shall be removed within 48 hours
after the event has taken place.
(iii)
Railroad crossing.
(iv)
Mailbox signs not exceeding two square feet.
(v)
Temporary signs, including political signs.
(b)
All signs shall relate to the premises upon which they are displayed
or erected, unless otherwise stated. Advertising signs shall not be
permitted in any zone district in the Township.
(c)
Any signs not specifically permitted are hereby prohibited.
(d)
Signs, whether portable, permanent or temporary, shall not be
displayed or erected within the street right-of-way, nor shall any
sign be located so as to interfere with traffic visibility or constitute
a traffic hazard.
(e)
The area of a sign shall be computed as the total square foot
content upon which the lettering, illustration or display is presented.
If there is no background, the sign area shall be computed as the
product of the largest horizontal width and the largest vertical height
of the lettering, illustration or display. No portion of the supporting
members of any sign which is used solely for such purpose shall be
included when computing the area of any sign. For a sign with two
display faces, the maximum area requirement shall be permitted for
each face. Signs with more than two display faces are prohibited.
(f)
The use and display of spinners or similar objects and devices
across, upon, over or along any premises or building, whether as a
part of any sign or for advertising or public attraction or otherwise,
is prohibited in any zone; provided, however, that this provision
shall not apply to decorations customarily used for locally celebrated
holiday displays or Township celebrations.
[Amended 10-22-2019 by Ord. No. 19-17]
(g)
Permanent signs within the interior of the structure designed
to be seen and read from the exterior such as those painted on glass
windows or neon signs shall be considered as part of any maximum sign
area.
(h)
No flashing, moving or apparently moving signs shall be permitted.
(i)
No sign as permitted shall extend or project above the highest
elevation of the wall or parapet to which it is attached nor shall
any sign be erected on or attached to the roof of a building. Signs
attached to and parallel to the face of a wall shall not extend farther
than six inches from the face of the building upon which it is attached.
(j)
Illuminated signs shall be either indirectly lighted or of the
diffused lighting type. No sign shall be lighted by means of flashing
or intermittent illumination.
(k)
The area surrounding freestanding signs shall be kept neat,
clean and landscaped. The tenant, owner, or occupant to which the
sign applies shall be responsible for maintaining the condition of
the areas.
(l)
All signs shall be kept in good repair, which shall include
replacement or repair of broken structural elements, casings or faces
and the maintenance of legibility. All lighting elements shall be
kept working.
(m)
If and when any sign is altered, moved or replaced, but not
including minor and nonstructural maintenance and/or repairs, the
so changed sign shall conform to all requirements of this chapter.
(n)
Directional signs having areas of less than three square feet
are exempt from area and location regulations but shall be shown on
an approved site plan and further provided they do not constitute
a hazard to the traveling public.
(o)
Any location where business goods are no longer sold or produced
or where services are no longer provided shall have 90 days to remove
any remaining or derelict on-premises signs following notification
by the Township and at the expense of the owner of such property.
Where due written notification has been given by the Township and
compliance has not been made within the required ninety-day period,
the Township may cause removal of such signs and charge the cost of
such removal to the owner.
(p)
Whenever a sign becomes structurally unsafe or endangers the
safety of the building or the public, the Construction Official shall
order such sign to be made safe or removed. Such order shall be complied
with within 10 days of the receipt thereof by the person, firm, or
corporation owning or using the sign or the owner of the building
or premises on which such unsafe sign is affixed or erected.
(q)
Applicant shall also comply with all applicable County, State
and Federal sign regulations.
(r)
Each site plan shall include a sign plan showing the specific
design, location, size, color, letter style, etc. for all signs to
be utilized on the site. To the maximum extent possible the sign plan
shall include details on any freestanding, affixed signs to the buildings,
directional, directory signs and other assorted signs.
(s)
Institutional Signs. Signs of schools, colleges, churches and
other institutions of a similar public or semi-public nature may be
erected and maintained provided that:
(1)
The size of any freestanding sign shall not exceed 30 square
feet and not more than one such sign is placed on a property, unless
such property fronts upon more than one street, in which instance
a sign may be erected on each frontage. Said sign shall be 20 feet
from the street right-of-way line or any property line.
(2)
Signs affixed to the facade of the structure shall be permitted,
provided the sign shall not exceed 5% of the building facade.
(t)
Signs for multi-use developments, shopping centers or industrial
parks, planned residential developments, multi-tenanted structures
of multi-structure uses shall be governed by the following regulations:
(1)
Each such development shall submit a sign plan to the Planning
Board or Zoning Board of Adjustment where applicable for approval.
Such sign shall include details on:
(2)
The sign plan shall be based on an integrated design theme to
include all of the elements mentioned in Subsections m3(t)(1)(i) —
(viii). All of the above elements shall be designed to be in harmony
and consistent with each other, the architecture and materials of
the principal structures and the landscaping plan. Replacement of
signs approved as part of an overall sign plan, shall be consistent
in details with the approved sign plan. Additionally, it is the intent
of this subsection to encourage the use of one or more directory signs,
located within the interior of the site, listing the names and location
of specific tenants and to have a sole freestanding identification
sign for the site located near the roadway. The use of the freestanding
sign near the roadway should not be used to list individual tenants
located within the building(s) or complex but instead should serve
as a site identification sign.
Directory signs, located within the interior of a site and approved
by the Planning Board or Zoning Board of Adjustment as part of any
site plan approval, shall not be considered additional freestanding
signs. The Planning Board or Zoning Board of Adjustment where appropriate,
in its sole discretion, shall determine if a proposed sign plan meets
the goals and objectives of this subsection.
(3)
The total area of all signs affixed to a structure shall not
exceed 5% of the building facade of the structure. The Planning Board
may permit a total sign area of up to 7% if, in the Planning Board's
judgment, such additional area shall assist in developing a harmonious
and integrated sign plan in accordance with the goals and objectives
of this subsection.
(u)
Automotive service stations and public garages may display the
following signs:
(1)
One freestanding or pylon sign advertising the name of the station
or garage or the principal products sold on the premises, including
any special company or brand name, insignia or emblem, provided that
this one sign shall not exceed 24 square feet in area on a side and
shall be hung or supported not more than 18 feet above the ground
and shall be at least five feet from any property line. A pricing
sign may be included as part of this freestanding or pylon sign.
(2)
Directional signs or lettering displayed or individual entrance
doors or bays, consisting only of words "washing," "lubrication,"
repair," "mechanic on duty," or other words closely similar in import
provided that there shall be no more than one such sign over each
entrance or bay, that the letters thereof shall not exceed 12 inches
in height, and that such letters shall be limited to a single line
which does not exceed 12 feet in total length.
(3)
Customary lettering or other insignia which are a structural
part of a gasoline pump and canopy consisting of the brand name of
gasoline sold, lead warning sign, a price indicator, and any other
sign required by law, and not exceeding a total of three square feet
on each pump and if illuminated, such signs shall be nonflashing and
shall not in any manner constitute a traffic hazard with respect to
adjacent streets or intersections.
(4)
One nonilluminated credit card sign not exceeding two square
feet in area on each side.
(5)
Signs or insignias incorporated into the side of an overhead
canopy shall not exceed 10% of the area of the canopy side on which
it is displayed.
4.
Permitted Signs in Residential Zones.
(a)
Nameplate and identification signs provided that the sign shall
be no larger than two square feet. A permitted home occupation may
be included as part of said sign. If such a sign is illuminated, the
direct source of light shall be shielded in such a manner that it
is not visible from the street or any adjoining residential property.
(b)
Nonilluminated for sale/for lease/for rent signs. One such sign
not exceeding six square feet shall be permitted upon the premises
upon which it is placed. These signs must be promptly removed upon
sale or lease of property.
5.
Permitted Signs in the C-1 Zone.
(a)
A business establishment may display one or more signs relating
to its business. The total area for all signs affixed to the building
face fronting on the street shall not exceed 5% of the area of said
face. No individual sign shall exceed 24 square feet. The maximum
height of any sign shall not exceed 10% of the wall height or two
feet, whichever is less. The maximum width of any sign shall not exceed
50% of the width of the wall to which it is attached or 12 feet, whichever
is less.
(b)
One freestanding sign per lot may be permitted provided the
area of the sign shall not exceed 12 square feet in area. The maximum
height of any permitted freestanding sign shall not exceed eight feet
and such sign shall be at least five feet from any property line.
(c)
Overhanging signs, that is a sign attached to and perpendicular
to the building are prohibited if larger than six square feet per
face. Time and temperature signs are permissible subject to the limitations
set forth in the general provisions of this subsection.
(d)
Traffic direction signs.
(e)
For Sale/For Lease/For Rent Signs. One such sign to be placed
on the property is permissible provided that it does not exceed eight
square feet and a sign permit is obtained.
(f)
A temporary permit can be obtained to allow for special signs
advertising the opening of a business or commercial enterprise, subject
to the following conditions:
(1)
Such signs are located on the same property as the business.
(2)
Such signs shall be located so as to not interfere with traffic
visibility or traffic safety.
(3)
Such signs shall not include any flashing, rotating, intermittent
or rotating illumination.
[Amended 10-22-2019 by Ord. No. 19-17]
(4)
Except in number and size, such signs shall conform to all other
requirements for signs in the zone.
(5)
Such signs shall be maintained in an orderly manner at all times.
(6)
Such signs shall be removed immediately upon expiration of permit.
6.
Permissible Signs in the C-2 Zone. Either one freestanding or one
wall mounted sign advertising the name of the building and names of
tenants or services provided within said buildings shall be permitted
provided:
(a)
The maximum area of any sign shall not exceed 12 square feet
per face or side. In cases of corner lots one sign, either freestanding
or wall mounted, may be permitted along both frontages.
(b)
The maximum height of any permitted freestanding sign shall
not exceed eight feet and such signs shall be at least 10 feet from
any property line. The maximum area of a freestanding sign shall not
exceed 12 square feet.
(c)
For Sale/For Lease/For Rent Signs. One such sign to be placed
on the property is permissible provided that it does not exceed eight
square feet and a sign permit is obtained.
7.
Permissible Signs in the C1-H, C2-H and the R-4 Zones.
(a)
To coincide with the historic preservation goals of the Cl-H,
C2-H, and R-4 Zones, signs shall be constructed, to the maximum extent
feasible, of natural materials, i.e., wood, stone, etc. and the design
shall be consistent with the architecture of the building situated
on, or contemplated for, the premises. The design, i.e., colors, shape,
lettering, and materials shall be coordinated with the architectural
theme of the building.
Internally lit signs are discouraged in the historic zones.
Indirect lighting is recommended, with the source of light concentrated
upon the sign face in such a manner as to prevent glare upon the street
or adjacent property. No sign shall be erected, relocated or maintained
in such a manner as to cover or intrude upon any architectural features
of buildings such as windows, columns, molding, or any major decoration
or architectural feature.
(b)
One freestanding sign may be permitted provided the area of
the sign shall not exceed 12 square feet in area. The maximum height
of any permitted freestanding sign shall not exceed eight feet and
such sign shall be at least five feet from any property line.
(c)
For Sale/For Lease/For Rent Signs. One such sign to be placed
on the property is permissible provided that it does not exceed eight
square feet and a sign permit is obtained.
8.
Permissible Signs in the ED and ED-1 Zones.
(a)
One freestanding sign may be permitted provided that the area
of the sign shall not exceed 48 square feet. Signs erected back to
back (double-faced) are permitted. The freestanding sign shall be
set back at least 25 feet from the street right-of-way line and shall
not be in excess of 16 feet in height.
(b)
The maximum area of all signs on a lot shall not exceed 100
square feet.
(c)
Signs attached to a building are permitted provided the size
of any sign shall not exceed 3% of the area on which the sign is located.
The height of said sign shall not exceed two feet and the length shall
not exceed 25 feet.
(d)
In conjunction with Subsection m3(t), as a part of any subdivision in the ED and ED-1 Zones, an overall sign plan shall be submitted for the entire development, as well as for individual lots where practical. This plan shall include details on directory sign(s), directional sign(s), address signs and individual tenant signs. There shall be a consistent design theme throughout the development.
(e)
For Sale/For Lease/For Rent Signs. One such sign to be placed
on the property is permissible provided that it does not exceed 32
square feet and a sign permit is obtained.
9.
Permitted Temporary Signs.
(a)
Signs advertising major subdivisions. Developments with four
or more homes for sale or industrial properties may be advertised
on a temporary sign not to exceed 32 square feet. If the development
fronts on more than one street, one such sign shall be permitted along
each frontage. All development signs shall be removed when 95% of
the lots have been sold.
(b)
For Sale/For lease signs on individual lots within a subdivision
must comply with the maximum size restrictions for those type signs
in the particular zone district in which they are located.
10.
Temporary Signs.
(a)
Temporary signs are prohibited in all districts, except that
the owner or owners of premises may post, display or erect a maximum
of three temporary signs on their premises, subject to the following
conditions:
(1)
Temporary signs shall not exceed 12 square feet in area, which area shall be calculated pursuant to Subsection 18-5.3m3(e).
(2)
Temporary signs shall not be posted, displayed or erected prior
to 40 days of the date of the related event, occasion or election
and must be removed within seven days after the event, occasion or
election related to the sign.
(3)
Temporary signs are subject to all other general provisions
set forth in Subsection 18-5.3m3, and no temporary sign shall be displayed
within 10 feet of any intersection.
n.
Fences and Walls. Fences and walls above grade shall be subject to
the following limitations:
1.
No fence shall be erected within 25 feet of a street centerline nor
within five feet of a street right-of-way line.
2.
Fences erected in a front yard shall not exceed four feet in height
and shall not be more than 50% solid.
3.
All fences must have finished side facing out from property.
4.
Electrified fences shall be permitted in all residential zones in
the side and rear yard only under the following conditions. The electric
fence must be placed five feet from any property boundary. A traditional
fence must be placed along the property line in front of the electric
fence. Permitted agricultural uses in the RR, RC-1, RC-2 and commercial
zones are exempt from this standard.
5.
No walls shall be located in the proposed right-of-way of a public
or private road. No walls shall be higher than four feet in height.
6.
Fences erected in the side or rear yards shall not exceed six feet
in height along or in combination with a wall except for commercial
or economic development property where maximum height shall be 10
feet. In addition, fences erected in the rear yard of lake front properties
shall conform to the requirements of Subsection 2 for front yard fences.
7.
The foregoing limitations shall not apply to fences used in connection
with agricultural uses provided the same do not obstruct vision for
purposes of traffic safety, nor shall said limitations apply to fences
or walls required by the Planning Board in connection with site plan
approval.
8.
A building permit shall be required to construct bulkheads or any
wall 3.5 feet high or higher. Walls shall not exceed eight feet in
height. Walls shall be separated by a distance of at least 1 1/2
times the wall height of the wall with the greatest vertical height.
Timber walls shall not exceed 3 1/2 feet in height.
9.
Retaining walls shall not be erected within 25 feet of a street centerline
nor within five feet of a street right-of-way line, side or rear property
lines. A retaining wall constructed at the required minimum setback
shall not exceed 3.5 feet in height. The height of retaining walls
constructed beyond the minimum required setback shall not exceed 2/3
of the distance from the wall to the property line. These requirements
may be waived in instances where repair or construction of new walls
may be required for replacement and/or alteration of a failing septic
system or similar such circumstance where the public safety and welfare
would be imperiled.
10.
Railroad tie retaining walls may be constructed to a maximum height
of eight ties above grade. If a railroad tie retaining wall exceeds
eight ties, the wall shall be designed as a closed face timber crib
retaining wall with a maximum height of 12 feet. Walls in excess of
eight ties high or bulkheads shall be designed by a professional engineer
or architect.
11.
Railroad tie retaining walls and timber crib retaining walls shall
be constructed in accordance with Section 1310, Retaining Walls and
Section 1315, Protection Against Decay and Termites of the BOCA Code.
The ties shall be in accordance with the American Wood Preserver Bureau
Standards as referenced in Appendix "A" of the BOCA Code.
12.
Railroad tie retaining walls shall conform to the following minimum
requirements.
(a)
Tiebacks shall be a minimum length of seven feet and shall be
provided with four-foot minimum length dead mean.
(b)
Tiebacks shall be installed on alternate courses at 16 feet
on center and shall be offset horizontally eight feet from the tieback
below.
(c)
The face of the wall shall have a minimum batter of two inches
per foot.
(d)
The bottom course of the tie wall shall be set in an eight inch
sand bed and shall be pinned to firm ground with 2 1/2 inch diameter
steel rods per bottom tie. The rods shall have a minimum length of
30 inches. The top of the bottom course tie shall be set at the finished
grade at the bottom of the wall.
(e)
All ties shall be spiked with four drift pins per tie and shall
be of sufficient length to penetrate two members and four inches into
the third member.
(f)
All cuts or bored holes shall be swabbed with two coats of the
same preservative used to treat the timber.
(g)
Crib wall fill shall be clean stone or porous fill. The backfill
above the wall may not exceed a slope of 2:1 and should not exceed
the height of the wall or adjacent crib. Walls shall be positively
drained by providing sufficient underdrain installation. Surface drainage
shall not be permitted to flow directly against the face of the wall.
 |
o.
Landscaping.
1.
Design Standards for Landscaping. The following standards shall apply
to the installation and maintenance of all landscaping, screening
and barriers required by provisions of this section.
(a)
Landscaping plan at a scale of one inch equals 20 feet shall
be submitted as part of site plan. The landscaping plan shall be drawn
to scale, including dimensions and distances, and clearly delineate
all existing and proposed structures, walkways, parking spaces or
other vehicle areas, access aisles, driveways, and the location, size,
common name, botanical name of all landscaping materials.
(b)
Generally, planting required by this subsection should be an
irregular line and spaced at random.
(c)
Existing vegetation which is suitable for use in compliance
with the requirements of this subsection to provide planting and screening
may and should be used as required planting.
(d)
A percent of the site equal to a minimum of 30% of all impervious
surfaces shall be dedicated to plant mass areas.
(e)
All specimen trees with sixteen-inch diameter or greater (measured
4 1/2 inches above ground) shall be preserved to the greatest
extent possible.
2.
Interior Parking Lot Landscaping.
(a)
Any parking lot of 20 or more spaces shall be provided with
interior landscaping covering not less than 5% of the total area of
the parking lot. Such planting shall be in addition to foundation
planting or landscaping within six feet of a building, planting or
landscaping required as peripheral planting and transitional screening
as may be required.
(b)
The primary landscaping materials used in interior parking lot
landscaped areas shall be deciduous shade trees suitable for a parking
lot environment. Shrubs and other live planting material shall be
used to complement the tree landscaping but shall not be the sole
contribution to the landscaping.
(c)
The landscaping shall be dispersed throughout the parking lot.
3.
Peripheral Parking Lot Landscaping. All parking lots shall be provided
with peripheral parking lot landscaping. In areas of the property
where transitional screening is required the peripheral parking lot
landscaping is not required. Peripheral parking lot landscaping shall
be required as follows:
(a)
Where the property line abuts land not in the right-of-way of
a street:
A landscaping strip at least five feet in width shall be located
between the parking lot and the abutting property lines, except where
driveways or other openings may necessitate other treatment. For each
100 lineal feet of curbline, the landscaping strip shall consist of
a mixture of shrubbery and trees generally consisting of not less
than the following:
(1)
Eight low shrubbery (three feet maximum growth height).
(2)
Twelve medium shrubbery (seven-foot maximum growth height).
(3)
Four large shrubbery (twelve-foot maximum growth height).
(4)
Two trees (maximum growth height over 12 feet).
(5)
No greater than 50% of the plant material may be deciduous varieties.
(6)
Spacing of shrubbery and trees shall be designed to fill within
three years.
(7)
Shrubbery planted in sight triangles shall have no greater than
eighteen-inch maximum growth height.
(8)
At least one deciduous tree for each 50 feet shall be planted
in the landscaping strip; however, this shall not be construed as
requiring the planting of the trees on 50 centers.
(b)
Where the property line abuts the right-of-way of a street:
A landscaping strip 10 feet in width shall be provided for any parking
areas in the front yard. The landscaping strip shall not include the
sidewalk area. The landscaping strip shall be planted as outlined
in Subsection o1 except that there shall be at least one deciduous
tree for each 40 feet of frontage and the number of shrubs required
shall be doubled for each 100 feet of frontage.
4.
Transitional Screening.
(a)
Transitional screening shall be provided at the outer boundary
of any proposed C-1 Commercial, E-D Industrial, multifamily or conditional
use which adjoins or is across the street from lands zoned for residential
use.
(b)
Transitional screening area shall consist of an unbroken strip
of open space a minimum of 25 feet wide. There shall be one large
deciduous tree with an ultimate height of 50 feet or greater for every
15 linear feet of strip plus one medium evergreen tree with an ultimate
height of 20 feet to 40 feet for every five linear feet of strip and
one medium evergreen shrub with an ultimate height of 12 feet or less
for every linear foot of strip.
(c)
In certain circumstances of topography or to alleviate certain
specific problems such as the blocking of glare, muting of noise etc.,
the Board may require use of earth berms, masonry walls, wood fences,
or dense evergreen hedges to enhance the transitional screening.
5.
Transitional Screening Waivers and Modifications.
(a)
Transitional screening barriers may be waived or modified by
the Board in any of the following circumstances. The Board may attach
conditions to any waiver or modification which would assure that the
results of the waiver or modification would be in accordance with
the purpose and intent of this section.
(1)
Transitional screening and barriers may not be required between
uses that are to be developed under a common development plan or series
of development plans within a common site plan.
(2)
Where the strict provisions of this section would reduce the
usable area of a lot due to lot configuration or size to a point which
would preclude a reasonable use of the lot, transitional screening
and/or barriers may be waived or modified by the Board where the side
of a building, a barrier and/or the land between that building and
the property line has been specifically designed to minimize adverse
impact through a combination of architectural and landscaping techniques.
(3)
Transitional screening and barriers may be waived or modified
where the adjoining land is designated in the adopted comprehensive
plan for use which would not require the provision of transitional
screening between the land under site plan and the adjoining property.
(4)
Transitional screening and barriers may be waived or modified
where the adjacent property is zoned to allow a use similar to that
of the parcel under site plan.
(5)
Transitional screening and barriers may be waived or modified
where the adjoining property is used for any public purpose other
than a school or hospital.
(6)
The Board may waive or modify the barrier requirements where
the topography of the lot providing the transitional screening and
the lot being protected is such that a barrier would not be effective.
6.
Maintenance.
(a)
The owner, or his agent, shall be responsible for the maintenance,
repair and replacement of all landscaping materials and barriers as
may be required by the provisions of this section.
(b)
All plant material shall be tended and maintained in a healthy
growing condition, replaced when necessary and kept free of refuse
and debris.
(c)
Fences and walls shall be maintained in good repair.
p.
Cut and Fill. All subdivisions and site plans shall maintain at least
a 2:1 grade in area where slope disturbance is proposed and in areas
where yards are proposed, a maximum of 3:1.
q.
Two Septic System Disposal Areas, Percolation Tests and Soil Logs.
The following standards shall be applied by the Planning Board for
the creation of new building lots or the approval of new structures
through site plans or subdivisions.
For all new lots, two septic system disposal areas are required,
both of which shall meet applicable requirements. Only one disposal
area needs to be constructed initially, the other shall be available
if a repair or expansion of the system is necessary. One percolation
test and one soil log is required for each individual disposal area
and they shall be witnessed by a representative of the Health Department.
An additional soil log shall be conducted within each disposal area
prior to the issuance of a septic system permit.
r.
Setbacks of Structures and Improvements from Lakes and Waterways.
Any building structure or improvements shall be set back from any
lake, pond, river, stream or waterway by the following minimum distances:
1.
Setbacks to lakes or ponds of a size of one acre or greater. All
structures and improvements, including roadways and parking area shall
be set back a minimum of 100 feet from the ordinary high water mark
of any lakes or ponds.
2.
Setbacks to ponds of a size of less than one acre, rivers, streams,
and waterways. All structures or improvements, including roadways
and parking areas shall be set back 75 feet from the ordinary high
water mark of any rivers, streams and waterways.
However, in the case of ponds, rivers, streams or waterways
providing a habitat for endangered species as identified by the State
of New Jersey or the United States of America, the minimum setback
shall be 100 feet.
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These minimum setback areas shall not be disturbed, regraded
or constructed upon and to the extent reasonably practical these areas
shall be maintained in open space and natural vegetation. These setback
areas may include the rear, front or side yards of permitted residential,
commercial or industrial uses but shall not include any septic systems.
These minimum setback requirements shall apply regardless of any additional
or more restrictive requirements of other governmental agencies. In
the event of more restrictive requirements by other governmental agencies,
the more restrictive requirements shall apply. In the event of less
restrictive requirements by other governmental agencies, then these
minimum setbacks shall apply.
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s.
Building Design and Layout.
1.
The design and layout of buildings and parking areas shall be presented
to the reviewing board by means of preliminary architectural renderings,
sketches and/or photographs of the existing buildings and sketches
of the proposed changes.
2.
The design and layout of buildings and parking areas for commercial
uses shall be reviewed so as to provide an exterior architectural
design and a proposed plan for the structure, which when constructed,
will not be so different from those structures already constructed
or in the course of construction in the immediate neighborhood as
to cause substantial depreciation of the property values of said neighborhood.
Particular attention shall be given to safety and fire protection;
handicapped access; impact on surrounding development and contiguous
and adjacent buildings and lands; and environmental and ecological
considerations.
3.
Applicants for commercial site plan approval or waivers shall submit
to the Board preliminary architectural plans, sketches or handwritten
drawings of the proposed elevations of the building and photographs
of the existing facades. The applicant shall provide to the Board
copies of brochures or samples of the materials to be utilized in
the proposed changes to the facade and alternatives that the applicant
is considering. The applicant shall present to the reviewing board
the proposed colors and material sections and any options that the
applicant would consider.
[Ord. No. 636 A 505; Ord. No. 02-20 § 18]
a.
Short Title. This subsection shall be known and may be cited as an
organization for the ownership and maintenance of open space within
the Township of Sparta.
b.
Purpose. It is the purpose of this subsection to establish a means
by which the Township may insure proper organization, ownership and
maintenance of any open space for the benefits of owners or residents
of any development where the open space is not dedicated to the municipality.
It is also the purpose of this subsection to provide a mechanism by
which the Township may act in the event there is a default by any
homeowner association or organization charged with the responsibility
of maintaining such open space.
c.
Designation of Responsible Officer. The Township Planner/Deputy Manager
shall be designated as the municipal officer responsible for implementing
the policies and procedures set forth in this subsection.
d.
Establishment of Open Space Organizations. Applications for development
providing for residential clusters shall provide for an organization
or association which shall own and maintain all open space which is
not dedicated to the Township or other governmental agency. An organization
formed pursuant to this subsection shall not dispose of any open space
by sale or otherwise, except to an organization conceived and established
to own and maintain the open space for the benefit of such development
and thereafter such organization shall not be dissolved or dispose
of any of its open space without first offering to dedicate the same
to the Township.
e.
Dedication of Open Space to the Municipality. The Township may, at
any time and from time to time, accept the dedication of land or any
interest therein for public use and maintenance. If an applicant offers
to dedicate open space to either the Township or a homeowners or open
space organization, the applicant shall provide the following documentation,
at its sole cost and expense, to the homeowners or open space organization
or the Township, whichever is proposed to receive the dedication:
1.
A survey for the property being dedicated.
2.
A title insurance commitment and title insurance policy in a nominal
amount of $1,000 conforming that the property is insurable at regular
rates.
3.
A Phase I Environmental Site Assessment and if necessary a Phase
II Environmental Site Assessment by a qualified environmental consultant
and certified to the party to whom the land is dedicated in accordance
with the ATSM standards and Federal and State laws sufficient to provide
that the Township or the homeowner's association or open space organization
will be an "innocent owner" pursuant to Federal and State statutes.
4.
A bargain and sale covenants against the grantors act deed and affidavit
of title.
5.
The above documents shall be provided prior to the recording of the
final plat and shall be subject to the review and approval of the
Township Attorney, Planning Board Attorney and Planning Board Engineer.
f.
Failure to Maintain Open Space. In the event that an organization
formed under this subsection shall fail to maintain the open space
in reasonable order and condition, the Township Planner/Deputy Manager
may serve written notice upon such organization or developers setting
forth the manner in which they have failed to maintain the open space
in reasonable condition. The notice shall also include a demand that
such deficiencies of maintenance be cured within 35 days thereof.
In addition, the notice shall state the date and location of a hearing
which shall be held within 15 days of the notice.
g.
Hearing. At such hearing, the Township Planner/Township Manager may
modify the terms of the original notice as to deficiencies and may
give a reasonable extension of time to cure the deficiencies not to
exceed 65 days.
h.
Entry by the Township. If the deficiencies set forth in the original
notice or modification thereof shall not be cured within the original
35 days or any permitted extension thereof, the Township, in order
to preserve the open space and maintain the same, for a period of
one year, may enter upon and maintain the land. Said entry and maintenance
shall not vest in the public any rights to use the open space except
when the land is voluntarily dedicated to the public by the owners.
i.
Continued Maintenance by the Township. Before the expiration of the
one year, the Township Planner/Deputy Manager shall, upon his initiative
or upon request of the organization responsible for the maintenance
of the open space, call a public hearing upon 15 days' written notice
to such organization and to the owners of the development, to be held
by the Township Planner/Deputy Manager at which such organization
and/or developer shall show cause why such maintenance by the Township
shall not, at the election of the Township, continue for a succeeding
year. If the Township Planner/Deputy Manager shall determine that
such organization is ready and able to maintain said open space in
a reasonable condition, the Township shall cease to maintain said
open space at the end of the first year. If the Township Planner/Deputy
Manager shall determine such organization is not ready and able to
maintain said open space in a reasonable condition, the Township may,
in its discretion, continue to maintain said open space during the
succeeding year, subject to a similar hearing and determination, in
each year thereafter. The decision of the Township Planner/Deputy
Manager shall constitute a final administrative decision subject to
judicial review.
j.
Cost of Maintenance. 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
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 same officers and in the same manner as other
taxes.
[Ord. No. 636 A 506; Ord. No. 649; Ord. No.
665; Ord. No. 691 § XXVIII]
a.
No materials listed in N.J.A.C. 7:26-8, 13 and 14 shall be permitted
in any commercial or industrial use unless a waiver is granted by
the Planning Board after notification of all residents within 20 feet
and a public hearing. In addition, no such waiver shall be permitted
unless the Environmental Commission has reviewed the proposal and
reported to the Planning Board or failed to report within 45 days
of receipt of said request by the Planning Board.
b.
No materials except of domestic waste handled by approved sewage
disposal systems shall be disposed of by any industrial or commercial
use on site.
c.
Commercial and Industrial Use Considerations.
1.
Commercial. Retail commercial buildings other than approved combination
residential commercial buildings shall be designed with a parking
area and access to a public street separate from that provided for
a residential building. A common architectural theme shall be reflected
in commercial buildings by means of building materials, architectural
style, sign controls, and/or color coordination. A separate pedestrian
and/or bikeway access shall be designed in such a way that no glare
extends into residential buildings.
2.
Industrial. Industrial buildings shall be situated in a defined section
of the development with separate vehicular access to public road.
Parking and loading areas shall not be shared with commercial or residential
uses. A separate pedestrian and/or bikeway access shall be provided
to residential areas located within 200 feet. No industrial use shall
create any glare, heat, odor, noise or physical vibrations perceptible
at a property line. No principal entrance to an industrial site shall
be within 350 feet of a residential building. A compatible architectural
theme shall be reflected in industrial buildings by means of building
materials and landscaped open space. A building permit or certificate
of occupancy shall be issued only when the intended use will not exceed
the following limitations or violate the following requirements:
(a)
Fire and Explosion Hazards. All activities shall be carried
on only in fireproof structures which conform to the standards of
the National Board of Fire Prevention Code, whichever is the more
restrictive. All operations shall be carried on and explosive raw
materials, fuels, liquids and finished products shall be stored in
accordance with the standards of said Board of Fire Underwriters.
(b)
Radiation. All use of materials, equipment for facilities which are or may be sources of radiation shall comply with all controls, standards, and requirements of the Atomic Energy Act of 1954, as amended, as well as the Radiation Protection Act, Chapter 116, P.L. 1958, as amended, and Title 7, Chapter 28, of the New Jersey Administrative Code, whichever shall be more stringent.
(c)
Odors. There shall be no emission of odorous gases or other odorous matter in such quantity as to be readily detectable with instruments. Table III (Odor Thresholds) in Chapter 5, "Air Pollution Abatement Manual," copyright 1951, by the Manufacturing Chemists Association, Inc., Washington, D. C., or the latest approved revision thereof shall be utilized as a guide in determining such quantities or offensive odors.
(d)
Smoke. There shall be no emission of visible gray smoke of a
shade darker than No. 1 on the Ringelmann Smoke Chart as published
by the U.S. Bureau of Mines (Power's MicroRingelmann Chart, McGraw
Hill Publishing Company, copyright 1954 may be used), except that
visible gray smoke of a shade not darker than No. 2 on said chart
shall be emitted for not more than five minutes in any one hour period.
These provisions, applicable to visible gray smoke, shall also apply
to visible smoke of a different color but with an equivalent apparent
opacity.
(e)
Dust. Solid or liquid particles shall not be emitted in concentration
exceeding 0.2 grains per cubic foot of the conveying gas or air. For
measurement of the amount of particles in gases resulting from combustion,
standard corrections shall be applied to a stack temperature of 500°
F. and 50% excess air.
(f)
Gases and Other Forms of Air Pollution. No emission of fly ash,
dust, fumes, vapors, gases or other forms of air pollution shall be
permitted which can cause any damage to the health of persons, animals,
or vegetation or other forms of property or which can cause any excessive
soiling.
(g)
Vibration. There shall be no vibration which is discernible
to the human sense of feeling beyond the immediate site on which such
use is conducted.
(h)
Noise. There shall be no noise emanating from the operation
or use which exceeds the limitations set forth in "An Ordinance to
Control Noises in the Township of Sparta" and any amendments thereto.
(i)
Liquid or Solid Waste. No industrial operation shall discharge
industrial wastes of any kind into any reservoir, pond or lake or
into the ground. The discharge of untreated industrial wastes into
a stream is prohibited. All methods of sewage and industrial waste
treatment and disposal shall be approved by the Township Board of
Health and the New Jersey State Department of Environmental Protection.
Effluent from a treatment plant shall at all times comply with the
following standards:
|
Maximum five-day biochemical oxygen demand
|
5 parts per million
|
|
Maximum quantity of effluent
|
10% of minimum daily stream flow
|
|
Maximum five day biochemical oxygen demand after dilution (B.O.D.
of effluent multiplied by quantity of effluent divided by quantity
of stream flow)
|
0.25 parts per million
|
|
Maximum total solids
|
5,000 parts per million
|
|
Maximum phenol
|
001 parts per million
|
|
No effluent shall contain any other acids, oils, dust, toxic
metals, corrosive or other toxic substance in solution or suspension
which would create odors, discolor, poison or otherwise pollute the
stream in any way. In addition, no industrial use shall discharge
into any public sanitary sewer system quantities of water beyond the
capacity of said sewer system.
| |
(j)
Glare. There shall be no direct or sky-reflected glare exceeding
0.5 foot candles measurable beyond the property line of the lot occupied
by such use. This regulation shall not apply to lights used at the
entrance or exit of service drives.
3.
Office. Office buildings shall be designed with a parking area and
access to a public street separate from those provided for residential
buildings except multifamily buildings. A compatible architectural
theme shall be reflected by means of building materials, architectural
style and/or color coordination. No lighting system shall create a
glare on adjacent residential buildings. No manufacturing or retailing
of goods shall be permitted, except those pertinent to office operations
such as newsstands or cafeterias, etc.
[Ord. No. 636 A 507; Ord. No. 720 § XIII; Ord. No. 750 § 3; Ord. No. 841 § XL VIII; Ord. No. 9-8-98 § V]
a.
Allowable Minimum Residential Site Size. In order to promote the
environmental soundness in layout and design of proposed environmental
constraints cluster subdivisions, the cluster residential site adjustment
factors shall be applied to determine the actual minimum residential
site size in environmental constraints cluster subdivisions and shall
apply to the future environmental constraints cluster option subdivisions
of lands in accordance with the following criteria:
1.
The total number of net cluster residential sites (hereinafter "residential
sites") in the cluster subdivision shall not exceed the total tract
divided by five gross acres. Therefore, there shall be no more than
one residential site for each five acres of land in the total tract.
The actual residential site created by subdivision in an environmental
constraints subdivision may be reduced by the environmental constraints
cluster adjustment set forth in Subsection 2 below.
2.
The minimum residential site is the minimum residential site size
permitted, and such residential site size shall be determined by applying
the following net residential site adjustment factors to each individual
residential site sought to be created:
|
Cluster Residential Site Adjustment Factors
| ||
|---|---|---|
|
Constraint
|
Cluster Adjustment Factor Per Acre
|
Resultant Minimum Lot Size
|
|
Slopes — 25% or more
|
.20
|
5 acres
|
|
Slopes — 15% to 24% deep soils
|
0.33
|
3 acres
|
|
Seasonal high water table on surface
|
0.33
|
3 acres
|
|
Seasonal high water table 1-3 feet
|
0.5
|
2 acres
|
|
Shallow depth to bedrock 0-3.5 feet
|
0.33
|
3 acres
|
|
Depth to bedrock 3.5 feet or more
|
1.00
|
1 acre
|
|
Flood plains, lakes, ponds, rivers, streams, waterways and wetlands
|
0
|
0 acre
|
3.
After determining maximum number of lots permitted on the tract in
accordance with Subsection 1, each residential site sought to be created
shall be required to have a minimum area as is determined by the constraints
applicable to each residential site sought to be created. In determining
minimum allowable residential site size, each of the constraints to
which residential sites shall be subject shall be determined in the
same manner, utilizing the same plant information, as set forth above.
The size of any individual residential site may be reduced below five
acres by applying the density factor in accordance with the area (in
acres) of the residential site subject to the constraints set forth.
The numbers of acres subject to each particular constraint are
multiplied by a corresponding "cluster adjustment" factor. The products
of each of these multiplications are totaled, and the resultant net
lot area must be equal to or greater than one.
Example: Assuming a three acre net residential site is subject
to the following constraints, one acre has slopes of 25% or more and
two acres have shallow depth to bedrock. Applying the above formula,
the calculations would be as follows:
|
1 acre
|
x
|
0.2 units/acre
|
=
|
0.2 units
| |
|
2 acre
|
x
|
0.33 units/acre
|
=
|
0.66 units
| |
|
| |||||
|
Total
|
=
|
0.86 units
| |||
|
The total of the above calculations is 0.86. Since the resultant
figure, as set forth in the formula, must be equal to or greater than
1.0, the example three acre residential site is of insufficient size.
This residential site would have to be enlarged so that the resultant
calculations, with the appropriate constraints applied thereto, would
result in 1.0 or greater. In cases where portions of residential sites
are subject to two different types (overlapped) of constraint categories,
the more stringent "density" factor shall be applied.
|
4.
The Planning Board may, in its discretion, require the submission
of a site-specific plot plan for any such residential site depicting
the proposed location thereon of the dwelling house or other principal
structure, the septic system and driveway access thereto, the feasibility
of which shall be demonstrated by such plot plan to the reasonable
satisfaction of the Planning Board as a condition precedent to the
grant of preliminary major subdivision or preliminary site plan approval.
[Ord. No. 636 A 508]
a.
Intent. It is the purpose of this subsection to provide the minimum
standards so that new construction in the Township will be energy-efficient.
b.
Purpose. All subdivisions and site plans shall address maximum effective
use of passive solar energy site design techniques and other energy-saving
methodology.
c.
Standards. All subdivisions and site plans shall conform to the following:
1.
All proposed structures shall have no shaded solar access to the
south facing wall 75% of the time on December 21 from 8:45 a.m. to
3:20 p.m. Eastern Standard Time unless topographical or natural features
of the site require a waiver of this provision by the Planning Board
or Zoning Board of Adjustment.
2.
Newly created lots and subdivisions shall contain deed restrictions
enforcing the above required solar access standards for all new construction
and planting.
3.
75% of all proposed structures shall have their perpendicular line
from the long axis located within 30° of true south unless topographical
or natural features on the site require a waiver of this provision.
4.
Where building location, based upon the above requirements, causes
a conflict with setback requirements, said setbacks may be waived
so long as they do not adversely affect buffering with the contiguous
uses.
5.
All subdivisions and site plans shall contain an energy conservation
submission which shall be composed of a map at a scale of at least
one inch equals 100 feet with the following:
d.
Energy Option. Where developers propose structures which meet the
following minimum requirements, they will receive a 15% density bonus
on all least restricted lands or a 15% density bonus on moderately
restricted slopes which face south in the Rural Residential and Conservation
Residential zones:
2.
90% of all proposed buildings shall have the perpendicular long axis
located within 30° of true south.
3.
All north, east and west windows shall be triple glazed. All south
windows shall be double glazed.
4.
R38 insulation shall be required in the ceilings, R19 insulation
in the walls and R11 insulation in the floor below the lowest living
level.
5.
South facing glazing shall be maximized and night shades and overhangs
will be utilized for the purpose of shading hot summer sun and providing
additional insulation in the evenings.
6.
Any foundations on slabs should have two-inch styrofoam perimeter
insulation.
e.
Evaluation Procedure. The Planning Department shall compute the shadowing
and orientation of buildings based on overlays available in the Sparta
Township Planning Department. These evaluations shall be presented
to the Planning Board and will be utilized in evaluating the energy
considerations of new developments.
[Ord. No. 636 A 509]
In order to provide for adequate space, the following area standards
shall be applied to the establishment of all new livestock areas in
the Township.
Any animal other than house pets, cattle, horses and ponies
shall be kept at a distance of at least 100 feet from any property
line. The following ratios of animals per acre of land exclusive of
the first acre shall be complied with:
a.
Cattle, horses and ponies — 1:1
b.
Swine, sheep and goats — 5:1
|
The above provisions shall not be construed to permit feed lots,
commercial piggeries, fur farms and/or animal processing facilities.
The regulations in this section shall not apply to house pets. Provided
the lot involved consists of two acres or more, the keeping of one
horse for riding purposes is permitted. For each one acre in the lot
involved over a minimum of two acres, an additional horse shall be
permitted.
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[Ord. No. 636 A 601]
a.
Short Title. This section shall be known and may be cited as "The
Land Subdivision Ordinance of the Township of Sparta."
b.
Purpose. The purpose of this section is to provide rules, regulations
and standards to guide land subdivision in the Township in order to
promote its public health, safety, convenience and general welfare.
It shall be administered to insure orderly growth and development,
conservation, protection and proper use of land and adequate provision
for circulation, utilities and services.
c.
Administration. The provisions of this section shall be administered
by the Township of Sparta Planning Department and Planning Board and
where permitted by statute, the Zoning Board of Adjustment, in accordance
with all applicable provisions of C. 40:55D-1 et seq.
d.
Construction of Section Repealer. All ordinances or parts of ordinances,
other than the Zoning Ordinance of the Township of Sparta which are
inconsistent with the provisions of this section are hereby repealed
to the extent of such inconsistency.
[Ord. No. 636 A 602; Ord. No. 691 § XXX]
a.
Applications for Development. All applications for development, as the term is defined in N.J.S.A. 40:55D-4, and Subsection 18-4.2, Subsections c, d and e, shall be filed with the Planning Department. Each application shall be filed as follows:
1.
Twelve copies of the sketch of the proposal for purposes of classification,
preliminary discussion and appropriate action.
2.
Four copies of the application.
3.
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The Planning Department shall process the application and shall
issue an application number. Once an application has been assigned
a number, such number shall appear on all papers, maps, plats and
other documents submitted for processing in conjunction with the application.
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b.
Distribution. At least 10 days prior to the first regularly scheduled
monthly meeting of the Board, the Planning Department shall distribute
the 12 copies of the sketch and copies of the application in the following
manner: One copy of each to
1.
Township files.
2.
Township Engineer.
3.
Health Department.
4.
Police Department.
5.
Fire Marshal.
6.
Construction Official.
7.
Environmental Commission.
8.
Industrial Commission (when appropriate).
9.
Shade Tree Committee (when appropriate).
10.
School Board (when appropriate).
11.
Planning Board Chairman.
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Remaining copies are provided to the Planning Board for their
consideration.
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[Ord. No. 636 A 603; Ord. No. 691 §§ XXI, XXXII]
The minor subdivision plat shall be at a scale not less than
one inch equals 100 feet, prepared and certified to by a licensed
surveyor and complying with all other requirements of the Map Filing
Act, P.L. 1960 c. 141 (C.40:23-9.9 et seq.) (if applicable), to enable
the entire tract of which the subdivision is a part to be shown on
one sheet, in one of four sizes, namely, 8 1/2 by 13 inches,
15 inches by 21 inches, 24 inches by 36 inches, or 30 inches by 42
inches, which shows or includes the following information:
a.
A key map showing the location of the entire tract, the portion being
subdivided clearly delineated by cross hatching of some other appropriate
means, adjoining properties and the tax map, lot and block designation
of the subject premises and adjoining premises, the street on which
the subdivision is located, and at least two intersections. The scale
of the key map portion of the subdivision plat shall not be less than
one inch equals 2,000 feet.
b.
The entire tract from which a portion is to be subdivided and a north
arrow and scale.
c.
The portion sought to be subdivided.
d.
Location of all existing structures and the distances of said structures
from the existing property lines and from any new lines sought to
be established, location of street right-of-way line and existing
pavement.
e.
The location and designation of any streams, ponds, brooks or other
natural features.
f.
Location and size of all drainage structures.
g.
A metes and bounds description of the lots to be subdivided. The
plat shall show property lines to the nearest hundredth, bearings
to nearest second and lot acreage to the nearest tenth of an acre.
h.
Area of the entire tract, area and width of the lot at the street
line of the lot sought to be created, and the road frontage of the
remainder portion.
i.
Name of street and width of right-of-way on which the property fronts
and existing pavement.
j.
In legend form, there shall be indicated the names of all abutting
owners and their tax lot and block designations according to the latest
tax rolls of the municipality, the name and address of the owner,
subdivider, date of the latest revision, and the number of new lots
sought to be created, together with the plat containing the above
information. Where new lots to be created by minor subdivision will
be served by individual sewage disposal systems, the subdivider shall
furnish to the Planning Board satisfactory proof of proper sewage
disposal by soil tests. A subsoil test shall be required for each
new lot to be created. All tests shall be performed by a licensed
professional engineer in the presence of a representative of the Township
Department of Health. If a building permit is sought for any lot within
one year of the date when a satisfactory subsoil test was made thereon,
a new test shall not be required for the building site involved, providing
that the sewage disposal system is to be located in the area previously
tested and the subsequent regrading or filling of the area does not,
in the judgment of the Township Sanitarian, affect the validity of
the original subsoil test.
k.
Zone and zone yard requirements.
l.
List of variances if required.
[Ord. No. 636 A 604]
An applicant may, at his option, request an informal concept
review by the Planning Board prior to undertaking a preliminary application.
Although it is expected that concept review would pertain to larger
projects, the Planning Board welcomes discussion on conventional subdivisions
and site plans. The purpose of a concept review is to identify items
of major concerns to the Township inherent to the development proposal,
allowing the applicant an opportunity to consider said concerns during
the preparation of a preliminary application. The concept review shall
not be binding upon the Board or the applicant. Concept plans should
include the following:
a.
A letter of intent.
b.
A key map showing the entire tract and its relation to the surrounding
areas, at a scale of one inch equals not less than 2,000 feet.
d.
Scale and north arrow.
e.
Date of original preparation and of each subsequent revision thereof.
f.
Existing block and lot numbers of the lots to be subdivided or developed
as they appear on the municipal tax map.
g.
Subdivision or development boundary line, indicated with a heavy
solid line.
h.
The location of existing and proposed property lines, streets, buildings,
with an indication as to whether existing buildings will be retained
or removed, parking spaces, loading areas, driveways, watercourses,
railroads, bridges, culverts, drain pipes and any natural features
such as wetlands and treed areas, both within the tract and within
100 feet of its boundary.
i.
The approximate location and approximate width of all existing and
proposed utility easements.
j.
Zoning district boundaries affecting the tract and tax map sheet
number.
k.
Proposed buffer and landscaped areas.
[Ord. No. 636 A 605; Ord. No. 691 §§ XXXIII,
XXXIV; Ord. No. 750 § 4; Ord. No. 841 § XLIX]
Preliminary subdivisions or site plans shall submit the following
materials in order to be deemed complete by the administrative officer
and his designee and put before the Planning Board. Certain requirements
may be waived by the administrative officer and his designee if they
are not necessary for proper review. All waivers must be in writing
and furnished to the applicant and Chairman of the Planning Board.
Township standards should be reviewed in developing your application.
a.
Application form.
c.
Preliminary Plats.
2.
The preliminary plat or site plan shall show or be accompanied by
the following information:
(a)
A key map showing the entire subdivision and its relation to
the surrounding areas.
(c)
Acreage of tract and each proposed lot to be subdivided or developed
shall be provided to the nearest tenth of an acre. In addition the
acreage of each lot of a subdivision within the required depth from
the road which is established by each zone shall be shown.
(d)
Existing and proposed contours at five-foot vertical intervals
for slopes averaging 15% or greater and at two-foot vertical intervals
for land of lesser slope. Datum of all elevations shall be that of
the United States Geodetic Survey. The estimated quantity of cut and
fill shall be provided.
(e)
The location of existing and proposed property lines, street
rights-of-way within the subdivision and within 200 feet of its boundaries,
street names, location and width of right-of-way and pavement and
type of pavement, buildings, watercourses, railroads, bridges, culverts,
drain pipes and any natural features such as wooded areas and rock
formations.
(f)
Plans of proposed utility layouts, sewers, storm drains, water, gas and electricity, showing feasible connections to existing or any proposed utility system. Any connections proposed shall be substantiated by documentation of size of service lines, capacity of storage, existing pressure, etc. When an individual water supply or sewage disposal system is proposed the plan for such system must be approved by the appropriate local, County or State health agency. When a public sewage disposal system is not available, the developer shall have percolation tests made and shall submit the results with the preliminary plat as required by the Health Officer and § 18-5.
(g)
A copy of any protective covenants, deed restrictions or proposed
homeowners association document applying to the land being subdivided
shall be submitted with the preliminary plat for review by the Planning
Board Attorney.
(h)
A typical road cross section and proposed cross sections for
all new streets shall be provided. The cross sections shall clearly
indicate the type and width of pavement, location of curb and sidewalks,
if any, tree planting strips, maximum slope of embankments, swales
and berms, all drainage structures and cross drains. In addition,
cross sections of the proposed roads and existing grade shall be provided
at a minimum of fifty-foot intervals along the entire length of the
road. Cross sections shall be drawn to a scale of not less than one
inch equals five feet for the horizontal and vertical planes. Each
cross section shall give the quantity of cuts and fills in square
feet, stripping in cut and fill in linear feet, topsoiling in linear
feet. An earthwork summary, in cubic yards, shall be provided on that
last sheet of the cross sections showing the following.
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Excavation unclassified from cross sections
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C.Y.
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Excavation unclassified from plans
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C.Y.
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Excavation unclassified from ditches and drives
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C.Y.
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Excavation unclassified
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C.Y.
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Wet excavation
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C.Y.
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Unsuitable excavation
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C.Y.
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Fill needed from cross section
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C.Y.
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Fill needed from plans
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C.Y.
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Fill needed to refill wet excavation areas
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C.Y.
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Fill needed to refill unsuitable areas
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C.Y.
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Total embankment needed
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C.Y.
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Excavation available for embankment
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C.Y.
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Borrow excavation
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C.Y.
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(i)
A centerline profile of all proposed roads shall be provided
and shall include the existing and proposed grades, proposed drainage
structures, percent of proposed grade, vertical curve data including
elevation and station of P.V.I., P.V.C., P.V.T. and length of curve.
The profile shall be drawn to a scale of not less than one inch equals
five feet in the vertical plane, and one inch equals 50 feet in the
horizontal plane. Return calculations and grades at intersections
shall be provided. Profiles of ditches shall be submitted along with
cross sections of ditches every 50 feet showing cuts and fills, stripping
in cuts, stripping in the fill and topsoil quantities. Profiles of
sight lines at intersections shall be provided.
(j)
The preliminary plat of site plans, profiles and cross sections
of the existing roads on which the subdivision or site plan fronts
as outlined above. The plan sheets shall be at a scale of one inch
equals 30 feet and shall include the following information.
(1)
The existing and proposed right-of-way and centerline alignment
data including horizontal curve data and centerline stationing.
(2)
The existing and proposed edge of pavement.
(3)
Cut and fill limits.
(4)
Existing and proposed guide rail, utilities, storm drainage
systems including location of inlets, invert elevations and size of
storm sewers.
(5)
Existing trees, hedges, fences, buildings, structures, property
lines, driveways, walkways, sidewalks, etc. located within 30 feet
of the existing edge of pavement.
(6)
In addition to cross sections at fifty-foot intervals along
the road, cross sections at existing driveways and cross drains shall
be provided.
(l)
The preliminary plans and site plans, profiles and cross sections
shall include the proposed storm drainage improvements and shall be
accompanied by drainage calculations including a map showing the subdrainage
areas and calculated flow rates at each inlet. When a stream encroachment
is proposed all applicable stream encroachment data conforming to
Department of Environmental Protection Standards shall be provided
as part of the preliminary plat or plan. The drainage system shall
be designed based on a storm frequency period of 100-year storm or
as required by the Township Engineer.
(m)
The preliminary plat or site plan shall include construction
details for inlets, manholes, headwalls, flared end sections, standard
curb, depressed curb for driveways and depressed curb for handicapped,
sidewalks, fence, ditches, guide rail, parking and soil erosion details.
3.
Cluster Development. In the RR, RC-1, RC-2 and R-1 zones, an applicant
for a major development may apply to the Planning Board for a cluster
development. Such application, as proposed in a letter, shall be accompanied
by a qualifying map, a proposed cluster design plat indicating the
proposed layout, the area to be retained in open space, and proposed
use of the area.
(a)
Ownership of Common Land. Applicant may apply for homeowner's
ownership of common land or Township ownership. If the Township ownership
is requested, and in opinion of the Planning Board such ownership
will assist in achieving the objectives of the Master Plan or Official
Map, then the Planning Board shall request approval from the Governing
Body that said open space or land resulting from the application of
cluster development will be accepted by the Township. If said approval
is not granted, applicant may submit a cluster plan providing only
for homeowner's ownership of common land. He shall proceed in accordance
with the regular subdivision procedures as provided in the Land Subdivision
Ordinance.
(b)
Planning Board Option. The Planning Board may, if in their opinion
the specific situation so warrants, require that a conventional subdivision
plan be submitted rather than a cluster plan. The reasons for disallowing
cluster may be due to topographic problems, soil conditions, access
and circulation, character of surrounding development, sanitary disposal
problems and possible substantial adverse impact on surrounding area.
(c)
(1)
Applicant shall demonstrate that adequate percolation exists
to permit lot size reduction or that alternate satisfactory methods
of sanitary waste disposal are feasible.
(2)
Evidence of the availability of an adequate water supply shall
be submitted to the Planning Board in report form from any public
or private utility. If no public or private utility exists, a certified
copy of well tests, geological analysis, and other data related to
verifying adequate water supply as deemed necessary by the Planning
Board shall be submitted. A minimum of one soil lot and perc test
shall be done for each proposed lot.
(3)
The minimum tract size for cluster shall be 20 acres.
(4)
The minimum lot sizes shall conform to the minimum cluster requirements
of the zone. The yard setbacks of any site shall conform to the R-2
minimum yard requirements.
(5)
The maximum number of lots permitted shall be based on an approved
qualifying map.
(6)
All roads in a cluster subdivision shall be built to Township
standards.
(d)
General Design Criteria.
(1)
The following lands shall require special consideration by the
Planning Board. In some cases, development should be avoided and in
other cases, very low density development is recommended. Additional
improvements and safeguards to protect significant environmental features
and elements shall be required.
(i)
Flood Plain Lands. Lands which lie adjacent to
streams and are periodically inundated and flooded by rains as the
streams and watercourses overflow. These areas generally should not
be developed with buildings. The ban on development in this area is
to protect the lives and property of those living in the flood plain
from flooding, prevent flooding downstream which results when flood
plain areas are developed, and prevent pollution of streams and rivers
because of inadequate percolation.
(ii)
Areas of Excessive Slope. These are lands with
slopes in excess of 25%. Depending on the nature of the soil bearing
capacity, erosion factor and degree of slope, development densities
may vary from no building to very low densities with appropriate safeguards.
In general, as slope increases, the density of development should
decrease. The reasons are to prevent landslides and erosion and sedimentation
resulting from excessive stripping and cutting of land. This in turn
causes siltation of streams and the clogging up of drainage structures
along roads which will intensify flooding in the Township.
(iii)
Areas Characterized by Soil Classified as Having
Severe Problems by the Soil Conservation Service.
This is land often characterized by high water table, poor bearing
capacity, high erosion factors, or incapable of supplying water. Special
treatment is necessary to prevent health hazards because of the poor
bearing capacity of the soil, and the possibility of inadequate water
for fire and health reasons.
(iv)
Areas of Significant Horticultural or Conservation
Features. These include mountain ridges, valleys, vistas, and significant
horticultural features. These areas are valuable because of their
beneficial impact in our environment and their importance in the ecological
systems. Development should be designed to preserve these areas.
(v)
Land Suitable for Specific Purposes. Land suitable
for active or passive recreational purposes such as baseball fields,
tennis courts, etc., or for other municipal purposes or because of
their location such as land adjoining similar lands on abutting properties.
(2)
Applicants using cluster to protect the areas listed above should
submit designs which generally allow for smaller lots closest to existing
roads on flat, well drained land. Larger lots should be platted in
areas of increasing slope, poorer (but still passable) percolation,
and lands closest to flood plains.
(3)
Lots adjacent to through roads shall have deeper depths to permit
larger back yards and provision for shrubs and trees to serve as buffers.
(e)
Location, Use and Maintenance of Dedicated Lands.
(1)
The Planning Board shall have full authority to approve or disapprove
the location and proposed uses of lands required to be dedicated in
accordance with the foregoing.
(2)
Dedicated areas proposed to be deeded to the Township shall
be deeded free and clear of all mortgages and encumbrances.
(3)
If deeded to a property owner's association, cooperative, or
condominium corporation, it shall be deeded free and clear of all
mortgages and encumbrances, for their use, control and management
for open spaces, recreation, or agricultural use and including appropriate
restrictions to assure the effectuation of the purpose of this chapter
to provide for the maintenance and control of the area. All provisions
of N.J.S.A. 40:55D-43 relating to the establishment of open space
organizations shall be complied with.
(f)
Right of Owner. Proposals in accordance with this section shall
only be approved by the Planning Board if, in the opinion of the Planning
Board, it will not adversely effect the overall benefit of Sparta
Township or the health, safety and general welfare. Nothing herein
shall be construed as requiring a developer to elect this means of
developing his tract.
4.
Environmental Impact Statement.
(a)
General Provisions. The environmental impact generated by land
developed projects necessitates a comprehensive analysis of the variety
of problems. This constitutes an environmental impact statement. In
evaluating environmental impact, the Planning Board and Zoning Board
of Adjustment shall not approve any submission until it determines
and finds that the proposed development:
(1)
Will not result in appreciable harmful effects to both the natural
and aesthetic environments.
(2)
Has been designed and conceived with a view toward the protection
of the regional resources and energy saving techniques.
(3)
Will not place a disproportionate or excessive demand upon the
total resources available for such proposal.
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The term "board" shall apply to Planning Board and Zoning Board
of Adjustment as appropriate throughout the remainder of the environmental
impact statement.
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In order to accomplish these goals, the Board shall condition any approval upon the agreement to implement performance controls deemed necessary to assure the protection of the environment. Any approval shall also be conditioned upon the receipt of licenses, permits or other approvals required by law. Those factors outlined in Subsection 4(d)(5) below, along with supplemental requirements adopted by the Board shall be used to determine the environmental performance controls that are necessary.
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(b)
General Requirements. It is further recognized that the level
of detail required for various types of applications will vary depending
on the size of the proposal, the nature of the site and the location
of the project. Therefore, having determined that some flexibility
is needed in preparing the environmental impact statement (a revised
environmental impact statement may be required if significant changes
to the site plan as determined by the Planning Board prior to final
approval were done since original submission), the requirements for
such a document are listed as follows:
(1)
Plot plan applications for a single or a two family dwelling
on an existing lot of record are specifically exempt from the environmental
impact statement requirements. In addition, minor subdivisions shall,
in general, be exempt unless required by the Environmental Commission/Planning
Board due to sensitive environmental situations. Finally, all agricultural
operations are exempt that are conducted in accordance with a plan
approved by the Soil Conservation District and all silviculture operations
are exempt that are conducted in accordance with a plan prepared by
a professional forester or the New Jersey Division of Parks and Forests.
(2)
A pre-application conference shall be held with the Township Planner and the Environmental Commission Chairman to determine the content of the environmental impact statement as outlined in Subsection (d) below along with any supplemental guidelines adopted by the Board. Waivers of specific environmental impact statement requirements shall be granted by Planning Board with input from the Environmental Commission.
(3)
When the environmental impact statement is prepared by an individual
other than the applicant, the credentials and expertise of that individual
shall be submitted with the environmental impact statement. All applicable
material on file in the Sparta Township Planning Office pertinent
to local conditions shall be consulted. Any additional material pertinent
to evaluation of potential regional impacts shall also be considered.
Furthermore, as much original research as necessary shall be conducted
to develop a comprehensive environmental impact statement.
(4)
Eight copies of each environmental impact statement shall be
submitted with the appropriate development application. One copy of
the environmental impact statement shall be forwarded immediately
to the Environmental Commission for review and comment. The Environmental
Commission shall submit its written comments within 30 days to the
Planning Board or Zoning Board of Adjustment. Four copies of the environmental
impact statement shall be circulated among the municipal departments
that participate in the application review process. The remaining
copies shall be retained by the planning office and Sparta Township
Public Library and shall be made available for public review and comment.
(5)
The environmental impact statement shall consist of written
and graphic materials which will clearly present the information that
is required. The scale of all maps shall be one inch equals 50 feet,
unless the Planner and/or Planning Board agree to another scale. Contours,
when required, shall be provided at two-foot intervals for slopes
of less than 10% or greater.
(6)
Upon receipt of the environmental impact statement, the Planner
shall determine within 45 days if it is complete or incomplete. If
it is incomplete, it shall be returned to the applicant with recommendations
regarding the additions, deletions and/or corrections which are needed.
(7)
In preparing the environmental impact statement, the applicant
shall make himself aware of the requirements specified in other sections
of the land development ordinance so that unnecessary duplication
of effort is avoided.
(c)
Application Types.
(1)
All major subdivision applications, preliminary and final site plan applications, consisting of less than 10 acres and those minor subdivision sites lying within sensitive environmental areas, shall be accompanied by an environmental impact assessment except as set forth herein. The information required shall be presented in a concise report unless environmentally sensitive areas are involved. When environmentally sensitive areas are involved, the report shall be supplemented with additional graphic and explanatory material as required in Subsection (b)(2). Environmentally sensitive areas in Sparta Township include, but are not limited to:
(i)
Stream corridors and floodplains.
(ii)
Streams and water bodies.
(iii)
Wetlands.
(iv)
Slopes greater than 15%.
(v)
Erodible soils.
(vi)
Mature forests of sugar maple or hemlock.
(vii)
Aquifer recharge areas.
(viii)
Aquifer discharge areas.
(ix)
Unique natural features and habitats.
(x)
Residence of protected flora and fauna species.
(2)
All preliminary and final major subdivision applications, preliminary
and final site plan applications, consisting of 10 acres or more,
and conditional use applications, consisting of 10 acres or more,
shall be accompanied by an environmental impact statement. The information
required shall be presented in a detailed report which shall include
written, graphic or other explanatory material.
(3)
Any use variance application not involving a site plan or subdivision
application may be required, at the discretion of the Zoning Board
of Adjustment, to be accompanied by an environmental impact statement.
The information to be required shall be determined by the Zoning Board
in consultation with the Planner and the Environmental Commission.
(d)
Format. When an environmental impact statement is required,
the following format shall be utilized and the information requested
shall be provided.
(1)
Project Description. Indicate the purpose and scope of the proposed
project. Enumerate the benefits to the public, if any, which will
result from the proposed project and describe the suitability of the
site for the intended use. A description of the proposed project shall
be presented to indicate the extent to which the site must be altered,
the kinds of facilities to be constructed, how they are to be considered
and the uses intended. The resident population, working population
and visitor population shall be estimated. The compatibility or incompatibility
of the proposed project shall be described in relation to the following:
(2)
Site Description and Inventory. Provide a description of environmental
conditions on the site which shall include, but not be limited to,
the following items:
(i)
Types of Soils. List and description of each soil
type located on the site. If applicable, percolation data and soil
analysis as required by the Sparta Township Health Department shall
be provided. Where the proposed area of land disturbance will involve
soils with moderate or severe limitations, as per Sussex County Soil
Survey, Soil Conservation Service, relative to the type of project
proposed, a complete mapping of all soil types on the site shall be
required indicating where those moderate and severe limitations exist.
(ii)
Topography. Description of the topographic conditions
within the site and extending 200 feet beyond the property lines.
When 15% or more of the proposed area of land disturbance encompasses
slopes in excess of 10%, the following slope ranges shall be mapped
for the entire site: to 15%; 15% to 20%; 20% and up.
(iii)
Geology. Description of the geologic formations
and features associated with the site as well as depth to bedrock
conditions. Delineation of those areas where bedrock is in close proximity
to the surface (i.e., within two feet of the surface) as well as major
bedrock outcroppings.
(iv)
Vegetation. Description of the existing vegetation
on the site. When required, sketch the location of major vegetation
groupings such as woodland, open field and wetland. Where woodlands
are delineated the forest type shall be indicated. Should include
unique features and protected species (i.e., dogwood, black walnut
trees, etc.)
(v)
Surface Water. Description of existing watercourses
and water bodies that are partially or totally on the site and their
relationship to the area of land disturbance. Existing surface runoff
from the site shall be calculated using the methods contained in Soil
Conservation Survey Manual No. 55. When the natural drainage pattern
will be significantly altered, or sewage effluent added to a watercourse
or body, an analysis shall be conducted which will investigate flow,
depth, capacity and water quality of receiving waters. When required,
floodplain areas shall be mapped in consultation with the Department
of Environmental Protection. Existing drainage structures shall be
mapped and the capacity of the drainage network shall be determined.
(vi)
Subsurface Water. Description of subsurface water
conditions on the site, both in terms of depth to ground water and
water supply capabilities of the site. Where existing conditions warrant,
detailed information regarding existing wells within 500 feet of the
site relative to depth, capacity and water quality shall be provided.
The water supply capabilities of the adjacent areas and the recharge
capabilities of the site shall be discussed.
(vii)
Unique, Scenic and/or Historic Features. Description
and map of those portions of the site that have unique, scenic and/or
historic qualities.
(viii)
Existing Development Features. Description of
any existing features on the site that are not considered to be part
of the natural environment. This may include, but not necessarily
be limited to, roads, housing units, accessory structures and utility
lines.
(ix)
Miscellaneous. When warranted, an analysis shall
be conducted of existing air quality and noise levels as prescribed
by the Department of Environmental Protection, or the Sparta Township
Health Department.
(x)
Energy Conservation Features. Siting for solar
access and maximum energy efficiency with respect to land features.
(xi)
Wetlands. All environmental impact statements
shall include a certified wetlands delineation prepared by an expert
qualified to delineate wetlands pursuant to the definitions of this
chapter and the requirements of the United States Army Corps of Engineers
and the New Jersey Department of Environmental Protection. The environmental
impact statement shall include a copy of the expert's curriculum vitae
or resume and a short summary of the expert's experience with wetlands
delineation. The certified delineation shall be set forth in the environmental
impact statement and on the subdivision or site plan plans. The delineation
shall be mapped on a survey of a licensed surveyor and said survey
shall be set forth on the plans. The applicant need not obtain an
approval of the delineation plan from the U.S. Army Corps of Engineers
or the N.J. Department of Environmental Protection prior to determination
of completeness of the application to Sparta Township. However any
approval by Sparta Township will be conditioned upon approval of the
delineation by the applicable State or Federal agency.
(3)
Area and Regional Description. A description of the surrounding
environs shall be provided as well as the existing land use patterns.
When required, the existing infrastructure, with respect to the drainage
and transportation network, as well as any central sewerage and water
supply facilities shall be described in detail. An appropriate regional
analysis relative to the proposed project shall be included.
(4)
Impact. Discuss the negative and the positive on-site and off-site impacts as they affect the items listed in Subsections (d), (2), (iii) and (iv) hereinabove. Indicate those negative impacts that are unavoidable. Indicate those resources affected by the proposal which will be irretrievably lost and those resources which are renewable. The specific concerns that shall be considered include, but are not limited to, the following:
(i)
Soil erosion and sedimentation resulting from surface
runoff.
(ii)
Flooding and floodplain disruption.
(iii)
Degradation of surface water quality.
(iv)
Groundwater pollution.
(v)
Reduction of groundwater capabilities.
(vi)
Sewage disposal.
(vii)
Solid waste disposal.
(viii)
Vegetation destruction.
(ix)
Disruption of wildlife habitats.
(x)
Destruction of scenic and historic features.
(xi)
Air quality degradation.
(xii)
Noise levels.
(xiii)
Energy utilization.
(xiv)
Neighborhood deterioration.
(xv)
Effect on public services, such as schools, fire
and police.
(xvi)
Traffic congestion.
(xvii)
Health, safety and welfare of existing residents
(xviii)
Regional development policies.
(5)
Recommendations to Mitigate Adverse Environmental Impact. Describe
in detail what measures will be employed during the planning, construction
and operation phases which will minimize or eliminate negative impacts
on-site and off-site that could result from the proposed project.
Of specific interest are:
(i)
Drainage plans which shall include, but not be
limited to, soil erosion and sedimentation controls. Every effort
shall be made to limit off-site runoff to pre-development levels.
(ii)
Sewage disposal techniques.
(iii)
Water supply and water conservation proposals.
(iv)
Site design techniques sensitive to the natural
environment which should include innovative landscape, building and
circulation design/solar access siting.
(v)
Energy conservation measures.
(vi)
Noise reduction techniques.
(vii)
Construction schedule.
(viii)
Miscellaneous on-site and off-site public improvements.
(6)
Alternatives. Discuss what alternatives were considered both
in terms of building design, site design, and project location. Indicate
why an alternative was rejected if it would have resulted in less
of a negative impact than the subject proposal.
(7)
Licenses, Permits, and Other Approvals Required by Law. The
applicant shall list all known licenses, permits and other forms of
approval required by law for the construction and operation of the
proposed project. This list shall include, but will not be limited
to approval required by the Township, as well as agencies of the County,
State and Federal governments. Where approvals have been granted,
copies of such approvals shall be attached. Where approvals are pending,
a note shall be made to that effect.
(8)
Documentation. All publications, file reports, manuscripts or
other written sources of information related to the project, the project
site and the Township which were consulted and employed in compilation
of the environmental impact statement shall be listed. A list of agencies
and individuals from whom pertinent information was obtained orally
or by letter shall be listed separately. Dates and locations of all
meetings shall be specified. A revised environmental impact statement
may be required if significant changes to the site plan, as determined
by the Planning Board prior to final approval, were done since original
submission.
5.
Landscape Plan. All site plan applications shall include a landscaping
plan drawn at 1:50 scale that shall include the following items:
(a)
Name and address of person, firm or organization preparing landscape
plans.
(b)
Plant list in legend form including the following:
(1)
All plant material to be used, keyed plan and grouped according
to low shrubbery, medium shrubbery, tall shrubbery and trees. Plant
materials shall be listed by both botanical and common names.
(2)
Quantity of each species to be used.
(3)
Size of material to be planted. All sizing specifications shall
conform with American Standards for Nursery Stock (latest copyright
by American Association of Nurserymen, 230 Southern Building, Washington,
D.C.) or better.
(c)
Total square footage of plant mass areas required by Subsection
18-5.3o1 of this chapter.
(d)
Total square footage of proposed plant mass areas.
(e)
Methods to be used in welling, staking, wrapping and mulching
of plant materials.
(f)
Location of all existing plant material to remain shown at scale
at present size.
(g)
Indication of buffer planting required by ordinance.
(h)
Indication of plant mass area.
(i)
Location and spacing of each plant to be shown to scale. Spacing
may be shown graphically or by notation.
6.
Financial Impact Statement. (Reserved)
7.
Facility Impact Statement.
(a)
Sewer and Water Plan and Report. This submission shall include
the following:
(1)
A sewer and water facilities map showing the location of major
collection and distribution lines for serving the proposed site development;
how and where these systems will tie into existing sewer and water
lines; or, the location of on-site sewage disposal facility or water
processing facility (if applicable).
(2)
The Sparta Township Preliminary Application Sewer and Water
Report shall be submitted. This report shall include:
(i)
An explanation of plans to tie into existing sewer
or water facilities and information on the status of efforts to have
such tie-ins approved by the appropriate authorities; description
of proposed sewage treatment and water processing facilities to be
built on the site (where a Federal, State, County or regional agency
must approve any such facility before it can be built, a copy of the
application to such agency should be submitted in addition to such
description); outline of all approvals by non-Township agencies which
are required for the erection and operation of such a plant.
(ii)
Calculations of water demands and sewage generation
resulting from the proposed development.
(iii)
An evaluation of existing sewer and/or water
systems to determine their capacity. This evaluation shall state the
existing capacities, if any, of the existing systems and relate these
capacities to projected demands to determine what, if any, adverse
impacts are to be expected.
(iv)
If this evaluation of the sewer and/or water systems
reveals that projected generations and demands will exceed the identified
capacities, then a detailed report shall be submitted describing what
improvements shall be implemented to increase this capacity to a level
that will accept these generations and demands.
(v)
If an independent on-site or interim sewage treatment
facility is proposed, then a description and analysis of the quality
of the water of the discharge from the system and an analysis of the
impact of that discharge on any stream or underground aquifer likely
to be affected by it shall be submitted.
(vi)
Data and methods for calculating sewage generations and water demand for the capacity-demand evaluation are contained in Subsection 18-5.3k and 1. Standards relating to sewage effluent discharge depend on where and into what element it is discharged. These standards are contained in Section 18-5. If these standards are not utilized, then a clear, concise explanation for alternatives in addition to the required calculations shall be included in the report to be submitted.
(b)
Circulation Plan and Traffic Report. This submission shall include
the following:
(1)
A map showing streets, roads, parking areas and pedestrian/bicycle
pathways. The cartway and right-of-way width for all streets, roads
and pathways shall be shown on the map. The dimension and capacities
of parking areas shall also be shown on the map. The map shall also
show landscaped areas in or immediately adjacent to any part of the
circulation system.
(2)
The Sparta Township Preliminary Application Circulation and
Traffic Report shall be submitted. This report shall include:
(i)
An evaluation of the internal circulation plan and how it relates to the anticipated traffic volumes it will handle, how layout relates to the terrain and any proposed deviation from design standards in Subsection 18-5.3.
(ii)
An evaluation of the external circulation systems
and the impacts of the traffic to be generated by the development
of this system.
(iii)
A designation as to what identified critical
intersection the generated traffic will flow as indicated on the Township
Road and Traffic Map. If traffic is projected to flow to more than
one critical intersection, then a traffic study performed by a certified
engineer, indicating the flows of the anticipated traffic to the multiple
critical intersections, shall be submitted. This study shall clearly
and concisely define the standards and methods utilized to document
this analysis.
(iv)
Calculations of the number of motor vehicle trips
expected to enter and leave the site for an average peak hour (PHT).
(v)
Calculation and analysis of the impact of the traffic
to be generated by the development on the identified critical intersections
shall be made.
(vi)
Data, methods and factors for calculating traffic generations for the capacity-demand evaluation are contained in Subsection 18-5.2 b,i. Critical intersection capacities are to be found in the Township Road and Traffic Map. If these standards, methods and factors are not utilized, a clear, concise explanation of alternatives shall be submitted in the report.
(c)
Facility Impact Statement. (Reserved).
[Ord. No. 636 A 606; Ord. No. 691 § XXXV]
a.
The final plat shall be submitted to the Secretary of the Planning Board for final approval within the time specified in Subsection 18-6.2 of this chapter and in accordance with the provisions of the Land Use Procedures Ordinance of the Township of Sparta.
b.
Two original tracings, one mylar, one cloth print, 12 black or blue-on-white
prints and three copies of the completed application shall be submitted
to the secretary.
c.
The final plat and accompanying documents required shall be in the form and detail as required by Subsection 18-6.5. The final plat shall contain provisions for certification and approval as required by law and by this chapter.
d.
Distribution of Copies. Copies of the final plat shall be forwarded
by the Secretary of the Planning Board to the following:
1.
Township files.
2.
Township Engineer.
3.
Health Department.
4.
Police Department.
5.
Fire Marshal.
6.
Construction Official.
7.
Environmental Commission.
8.
Industrial Commission (when appropriate).
9.
Shade Tree Committee (when appropriate).
10.
School Board (when appropriate).
11.
Planning Board Chairman.
|
Remaining copies are provided to the Planning Board for their
consideration.
|
e.
Letters Required Prior to Final Approval. Prior to final approval,
the Planning Board shall have received the following:
1.
A letter containing a list of all items to be covered by a performance
guarantee, the quantities of each item, the cost of each of them and
the total amount of all items.
2.
A letter from the Township Engineer stating that the required improvements
have been installed to his satisfaction and in accordance with applicable
Township specifications, and that the performance guarantee is adequate
to cover the cost of remaining improvements.
3.
A letter from the applicant's engineer stating that the final plat
conforms to the preliminary plat as submitted and approved. The subdivider
shall be liable for additional engineering fees incurred by the Township
where such certification is not correct.
[Ord. No. 636 A 607]
Preliminary approval shall confer upon the applicant the following
rights for a three-year period from the date of the preliminary approval:
a.
The general terms and conditions on which preliminary approval was
granted shall not be changed, including but not limited to, use requirements;
layout and design standards for streets, curbs and sidewalks; lot
size; yard dimensions and off-tract improvements.
b.
The applicant may submit for final approval on or before the expiration
date of preliminary approval, the whole or a section or sections of
the preliminary plat or plan.
c.
The applicant may apply for and the Board may grant extensions on
such preliminary approval for additional periods of at least one year,
but not to exceed a total extension period of five years, provided
that if the design standards have been revised by ordinance, such
revised standards may govern.
[Ord. No. 636 A 608]
Final approval of a subdivision or site plan shall confer upon
the applicant the following rights for a two-year period from the
date of final approval:
a.
The zoning requirements applicable to the preliminary approval first
granted and all other rights conferred upon the developer, whether
conditionally or otherwise, shall not be changed.
b.
If the developer has followed the standards prescribed for final
approval, the board may extend the period of protection for extensions
of one year each, not exceeding three such extensions.
[Ord. No. 636 A 609; Ord. No. 691 § XXXVI]
All applications for variance relief to the Board of Adjustment
not involving any related site plan, subdivision or conditional use
proposal shall meet the following map standards:
a.
North arrow and scale not less than one inch equals 50 feet.
b.
Title block including:
Name of development.
Name, address and certification of preparer of plans; owner,
applicant; site block and lot numbers and tax sheet; date and preparation
of each subsequent revision.
c.
Zone and zone yard requirement.
d.
Key map showing entire site and its relationship to surrounding areas.
e.
Subdivided lots.
f.
Adjoining properties, lot and block number, and owner.
g.
Area of entire site and existing yard setback lines.
h.
Metes and bounds of lot(s).
i.
Area and frontage of lot(s).
j.
Road locations, type, size, width of right-of-way, paving materials,
curbs, sidewalks, catch basins, and parking.
k.
Buildings and other structures, drainage, all utilities, right-of-ways,
easements, and connections.
l.
Existing and proposed grades.
m.
Existing and proposed structures, curbs, swales, berms, guiderails,
edge of pavement, sidewalks, parking, and loading spaces.
[Ord. No. 636 A 610; Ord. No. 649; Ord. No.
665; Ord. No. 691 § XXIX; Ord. No. 841 §§ L, LI]
a.
Performance Guarantee Estimate.
1.
No final application for development shall be approved by the Board
until the satisfactory completion and performances of all such required
improvements have been certified to the Board by the Township Engineer,
unless the owner shall have filed with the Township a performance
guarantee assuring the installation of such improvements on or before
an agreed date, and as hereinafter provided.
2.
Except as hereafter provided, the remaining required improvements
shall be at least 50% completed as to each category set forth in the
performance guarantee within one year from the date of final approval,
or by such time as 50% of the lots in the section in question have
been conveyed, in any manner, by the applicant, whichever shall first
occur. At least 75% of the remaining required improvements in each
category shall be completed as set forth in the performance guarantee
within 18 months from the date of final approval, or at such time
as 75% of the lots in the section in question have been conveyed in
any manner by the applicant, whichever shall first occur. Such improvements
shall be 100% completed and accepted by the Township within two years
from the date of final approval, or at such time as all of the lots
in the section in question have been conveyed in any manner by the
applicant, whichever shall first occur. It is the intention of the
Township Council that this requirement will provide to those living
in each new section of the subdivision of a lot that is as complete
as possible with respect to tract and individual lot improvements.
3.
A performance guarantee estimate shall be prepared by the Township
Engineer setting forth all requirements for improvements as fixed
by the Board and their estimated cost. The Township Council shall
pass a resolution either approving or adjusting this performance guarantee.
4.
"As built" plans for any development shall be provided to the Township
as directed by the Township Engineer.
b.
Approval by the Township Attorney.
1.
The subdivider or developer shall present two copies of the performance
guarantee, in an amount equal to 120% of the approved performance
guarantee estimate, for approval as to form and execution by the Township
Attorney.
2.
The Attorney for the Board shall notify the Secretary of the Board
prior to the meeting that the performance guarantee has been properly
executed and can be added to the agenda.
c.
Bonding and Cash Requirements.
1.
The performance guarantee shall be 120% of the performance guarantee
estimate, and as surety, a performance bond, in which the owner shall
be principal, shall be provided by an acceptable surety company licensed
to do business in the State of New Jersey, or in lieu of the bond,
cash or a certified check shall be deposited with the Township by
payment to the Township Treasurer. The Township Treasurer shall issue
a receipt for such cash deposits and shall cause such cash to be deposited
in a bank named by the Township, in the name of the Township, to be
retained as security for completion of all requirements and to be
returned to the owner on completion of all required work and expiration
of the period of maintenance guarantee, or in the event of default
on the part of the owner, to be used by the Township to pay the cost
and expense of obtaining completion of all requirements. Every bond,
whether cash or surety, shall contain a clause to the effect that
a determination by the Township Engineer that the principal has defaulted
in the performance of his obligation shall be binding and conclusive
upon the surety and the principal. A performance guarantee shall be
valid for a period of two years upon acceptance by the Township. If
improvements or significant percentage of improvements have not been
completed at this time, the performance guarantee will be renegotiated
with the applicant and revised accordingly with one-year extension
periods.
2.
10% of the amount of the approved performance guarantee estimate
shall be deposited by the owner in cash with the Township. The remaining
90% may be in cash or surety bond. In the event of default, the 10%
fund herein mentioned shall be first applied to the completion of
the requirements and the cash or surety bond shall thereafter be resorted
to, if necessary, for the completion of the requirements. The cash
or surety bond may recite the foregoing provisions.
d.
General Liability Insurance.
1.
In addition to the performance guarantee, the subdivider or developer
shall file with the Board a general liability insurance policy at
the same time as he files his performance guarantee covering all operations
in the development including contractual liability with limits of
not less than $100,000 for bodily injury to each person, and $300,000
liability on the aggregate, for each accident, and $50,000 aggregate
property damage liability. The Attorney for the Board shall approve
the policy for form and execution. The policy shall be of the same
term as the performance guarantee and shall be extended in conformance
with any extension of the performance guarantee. The policy shall
name the Township and all of its officials as an assured and provide
that the Township may nevertheless assert claims against the other
assured.
e.
Inspections and Tests.
1.
All improvements and utility installations shall be inspected during
the time of their installations under the supervision of the Township
Engineer to insure satisfactory completion. The cost of such inspection
shall be the responsibility of the owner and he shall deposit with
the Township Treasurer, for placement in a special trust fund account,
a sum equal to 5% of the amount of the performance guarantee estimate
of the cost of public improvements to be applied to payment of inspection
costs. If inspection costs exceed such fund, the owner shall deposit
with the Township Treasurer additional sums upon notice from the Township
Engineer. The inspection fee shall in no case be less than $100. The
Township Treasurer shall return to the owner any balance of the inspection
deposit, together with the paid invoices for all expenses charged,
upon expiration of the maintenance bond.
2.
In no case shall any paving work, including prime and seal coats,
be done without permission from the Township Engineer's office. At
least two days' notice shall be given to the Township Engineer's office
prior to any such construction so that he or a qualified representative
may be present at the time the work is to be done.
3.
The Township Engineer's office shall be notified after each of the
following phases of the work has been completed so that he or a qualified
representative may inspect the work:
4.
A final inspection of all improvements and utilities will be started
within 10 days notification by the developer to determine whether
the work is satisfactory and in agreement with the approved final
drawings and the Township specifications. The general condition of
the site shall also be considered. Upon a satisfactory final inspection
report, action shall be taken to release or declare in default the
performance guarantee covering such improvements and utilities.
5.
Inspection by the Township of the installation of improvements and
utilities shall not operate to subject the Township to liability for
claims, suits or liability of any kind that may at any time arise
because of defects or negligence during construction or at any time
thereafter; the owner and his contractors shall be responsible for
maintaining safe conditions at all times during construction and for
providing proper utilities and improvements.
6.
After completing the construction of the public improvements covered
by the performance guarantee, the developer shall prepare a set of
the approved Public Improvement and Utility Plans and the Profiles
amended to read "as constructed" and apply to the Township Engineer
for final inspection of the work. The Township Engineer shall report
to the Township Council on the condition of the work and recommend
that the performance guarantee be released, extended or declared in
default.
f.
Release. The Township Council shall, by resolution, release or declare
in default each performance guarantee. Such performance guarantee
shall remain in effect until released by the Council. The amount of
the performance guarantee may be reduced by the Council by resolution
when portions of the required improvements have been installed and
have been inspected and approved by the Township Engineer, provided
that no such reduction shall be approved until the Township Engineer
has certified the estimated cost of completing any remaining required
improvements. If any improvements have not been installed in accordance
with the performance guarantee, the obligor and surety shall be liable
thereon to the Township for the reasonable cost over and above the
10% cash deposit on the improvements not installed and, upon receipt
of the proceeds thereof, the Township shall install such improvements.
The Township shall also have all other remedies as may be lawfully
available.
g.
Conditions for Acceptance of Improvements. The approval of any application
for development by the Township shall in no way be construed as acceptance
of any street or drainage system, or any other improvement, nor shall
such approval obligate the Township in any way to maintain or exercise
jurisdiction over such street or drainage system or other improvement.
No improvement shall be accepted by the Township Council unless and
until all of the following conditions have been met:
1.
The Township Engineer has certified in writing that the improvements
are complete and that they comply with the requirements of this chapter;
2.
The final application for development has been approved by the Planning
Board; and
3.
The owner has filed with the Township Council a maintenance guarantee
in an amount equal to not more than 15% of the original estimate of
the cost of installing the improvements. The maintenance guarantee
shall run for a period of two years. The procedures and requirements
governing such maintenance guarantee shall be identical with the procedures
and requirements for a performance guarantee set forth in this chapter.
[Ord. No. 636 A 611]
a.
Improvements to be Constructed at the Sole Expense of the Developer.
In cases where the need for an off-tract improvement is created by
the proposed subdivision or site plan, and where no other property
owners receive a special benefit thereby, the Planning Board may recommend
to the Township Council that it require the subdivider or developer,
as a condition for subdivision or site plan approval, at the subdivider's
or developer's expense, to acquire lands outside of the subdivision
or tract and improve and dedicate such lands to the Township or the
County, or, in lieu thereof, require the subdivider or developer to
deposit with the Township a sum of money sufficient to allow the Township
to acquire and to improve such lands.
b.
Other Improvements.
1.
In cases where the need for any off-tract improvement is created
by the proposed subdivision or site plan and where the Planning Board
determines that properties outside of the subdivision or tract will
also be benefited by the improvement, the Planning Board shall forthwith
forward to the Township Council a list and description of all such
improvements together with its request that the Council determine
and advise the Board of the procedure to be followed in the construction
or installation thereof. The Planning Board shall withhold action
upon the subdivision or site plan until receipt of the Council's determination
or until the expiration of 90 days after the forwarding of such list
and description to the Council without such determination having been
made, whichever occurs sooner.
2.
The Township Council, within 90 days after the receipt of such list
and description, shall determine and advise the Planning Board whether:
(a)
The improvement or improvements are to be constructed or installed
by the Township.
(1)
As a general improvement, the cost of which shall be borne at
general expense, except as hereinafter otherwise provided as a contribution
thereto by the subdivider or developer, or
(2)
As a local improvement, all or part of the cost of which shall
be especially assessed against properties benefited thereby in proportion
to benefits conferred by the improvements in accordance with N.J.S.A.
40:56-1 et seq., except as hereinafter otherwise provided as a contribution
thereto by the subdivider or developer; or
(b)
The improvement or improvements are to be constructed or installed
by the subdivider or developer under a formula for partial reimbursement
as hereinafter set forth.
3.
If the Township Council determines that the improvement or improvements shall be constructed or installed under Subsection b2(a) above, the Planning Board shall estimate, with the aid of the Municipal Engineer or such other persons as have pertinent information or expertise, the amount if any, by which the total cost thereof will exceed the total amount by which all properties, including the subdivision or tract, will be especially benefited thereby, and the subdivider or developer shall be liable to the Township for such excess. Further, the Township Council shall adopt an ordinance authorizing and providing for the financing of the improvement or improvements in a manner consistent with the obligation of the subdivider or developer for any excess of total cost over total benefits conferred, as set forth above.
4.
If the Township Council determines that the improvement or improvements shall be constructed or installed under Subsection b2(a)(2) above, the Planning Board shall, as provided in Subsection d of this subsection, estimate the difference between the total costs to be incurred and the total amount by which all properties to be benefited thereby, including the subdivision property or tract, will be especially benefited by the improvement, and the subdivider or developer shall be liable to the Township therefor, as well as for the amount of any special assessments against the subdivision property or tract for benefits conferred by the improvement or improvements. Further, the Township Council shall adopt an ordinance authorizing and providing for the financing of the improvement or improvements and the assessment of benefits arising therefor in a manner consistent with the obligation of the subdivider or developer with respect thereto, and proceedings under such ordinance shall be in accordance with N.J.S.A. 40:56-1 et seq., except to the extent modified by the obligation of the subdivider or developer for any excess of total costs over total benefits conferred, as set forth above.
5.
If the Township Council determines that the improvement or improvements are to be constructed or installed by the subdivider or developer under Subsection b2(b) above, the Planning Board shall in like manner estimate the amount of such excess and the subdivider or developer shall be liable to the Township therefor as well as for the amount of any special assessments against the subdivision property or tract for benefits conferred by the improvement or improvements. However, the subdivider or developer shall be entitled to be reimbursed by the Township for the amount of any special assessments against property other than the subdivision property or tract for benefits conferred by the improvement or improvements, and proceedings under such ordinance shall be in accordance with N.J.S.A. 40:56-1 et seq. However, any such assessment against the subdivision property or tract shall be marked paid and satisfied in consideration of the construction or installation of the improvement or improvements by the subdivider or developer.
6.
If the Township Council shall not adopt such an ordinance or resolution
within such time, the final subdivision layout or site plan shall
be designed accordingly, and the Planning Board shall thereupon grant
or deny final approval.
c.
Performance Guarantee. The subdivider or developer shall be required
to provide, as a condition for final approval of his subdivision or
site plan application, a performance guarantee running to the Township
as follows:
1.
If the improvement is to be constructed by the subdivider or developer under Subsection a or Subsection b2(b), a performance bond with surety in an amount equal to the estimated cost of the improvement, or any part of the improvement that is to be acquired or installed by the Township under Subsection 18-6.11a, a cash deposit equal to the estimated cost of such acquisition or installation by the Township.
2.
If the improvement is to be constructed by the Township as a general improvement under Subsection b2(a)(1), a cash deposit equal to the amount of the excess of the estimated cost of the improvement over the estimated total amount by which all properties, including the subdivision property or tract, will be specially benefited thereby; and
d.
Refund of Deposit Where Improvements Are Not Authorized Within Five
Years. In any case in which a subdivider or developer shall deposit
money with the Township for the completion of an improvement that
is to be constructed pursuant to this chapter by the Township, the
subdivider or developer shall be entitled to a full refund of such
deposit if the Township Council has not enacted an ordinance authorizing
the improvement within five years after the date all other improvements
are completed.
e.
Deposit of Funds. All monies paid a subdivider or developer pursuant
to this chapter shall be paid over to the Township Treasurer who shall
provide a suitable depository therefor. Such funds shall be used only
for the improvements for which they are deposited or improvements
serving the same purpose.
f.
Redetermination of Assessment Upon Completion of Improvement. Upon
completion of the off-tract improvements required pursuant to this
section, the subdivider's or developer's liability hereunder shall
be recalculated in accordance with the actual, as compared with the
estimated, cost of improvements. To the extent that it shall decrease
the amount thereof, the Township shall forthwith refund the amount
of such decrease to the subdivider or developer. In cases where the
improvements are specially assessed against all benefited properties,
recalculation shall be made by the municipal assessing authority in
the course of the special assessment proceedings. In other cases,
it shall be made by the Township Engineer.
g.
Council Approval Required. All estimates required to be made by the
Planning Board herein shall be reviewed and approved by the Township
Council prior to final action thereon.
[Ord. No. 636 A 612]
Any site plan involving land development along a County road
for commercial use, industrial use, multifamily structures containing
five or more units, off-street parking area or any development producing
surface runoff in excess of one cubic foot per second per acre shall
be submitted to the County Planning Board for review and approval.
The site plan shall contain such additional information and shall
be accompanied by a check payable to the Sussex County Planning Department
for an appropriate amount, all as required by the Land Development
Standards of the County of Sussex, New Jersey. The Board shall not
act on the site plan until receipt of the County Planning Board report
or until 30 days have elapsed from the time of referral to said County
Board.
[Ord. No. 636 A 701; Ord. No. 841 § LII]
a.
The office of Zoning Officer of the Township of Sparta is hereby
created. It shall be the duty of the Zoning Officer to enforce the
provisions of this chapter. Pursuant thereto he shall investigate
and inspect any alleged violations of this chapter within his knowledge
or coming to his attention, sign complaints and use other lawful means
to ensure compliance and to cooperate with other Township officials
in the prosecution of violators.
b.
Whenever any building or structure is erected, constructed, altered,
repaired, converted, used or maintained within the Township of Sparta,
it shall be the duty of the Zoning Officer to ascertain that the same
is done in accordance with the provisions of this chapter and not
in violation thereof and that the use of any lands and/or construction
complies with the terms and conditions of any variance, subdivision,
or site plan approval and with the approved plans submitted in connection
therewith. If contrary thereto, it shall be the duty of the Zoning
Officer to proceed with the enforcement of this chapter in the manner
herein provided and as otherwise provided by law; and is hereby further
authorized and empowered to institute and maintain any further statutory
legal actions and proceedings for the enforcement hereof now existing
or heretofore or hereafter provided which may be available to him.
c.
Search Warrants. In the enforcement of this chapter, the Zoning Officer
may apply to the Judge of the Municipal Court of Sparta Township for
a warrant or warrants to search and inspect the properties and premises
upon which he has reason to believe a violation of the chapter has
or is taking place, and upon probable cause shown, the Judge may issue
such warrant or warrants in the manner authorized by law. The information
obtained pursuant thereto shall be admissible as evidence in a court
of competent jurisdiction for the purposes of proving any case brought
for violation of this chapter.
[Ord. No. 636 A 702; Ord. No. 841 § LIII]
a.
Penalty. Any owner, agent, person, or corporation who violates any
of the provisions of this chapter or who fails to comply with any
of the requirements thereof or who erects, raises, moves, extends,
enlarges, alters or demolishes any structure in violation of any detailed
statements or plans submitted hereunder or who puts into use any lot
or premises in violation of any detailed statements or plans submitted
hereunder or in violation of the terms and conditions of any variance,
site plan or subdivision approval and the approved plans submitted
in connection therewith or who refuses reasonable opportunity to inspect
premises, shall be liable to a fine of not more than $1,250 or to
imprisonment for a term not to exceed 90 days, or to both such fine
and imprisonment. A separate offense shall be deemed committed on
each day during or on which a violation occurs or continues.
b.
Persons Liable. The owner of any structure, lot or land, or part thereof, where anything in violation of this chapter is placed or exists, and any architect, builder, contractor, agent, person or corporation employed in connection therewith who assists in the commission of such violation shall be guilty of a separate offense, and upon conviction thereof, shall each be liable to the fine or imprisonment, or both specified in Subsection a above.
[Ord. No. 01-24 § 1; Ord. No. 03-08 § 4; Ord. No. 04-05 §§ 20, 21; Ord. No. 06-02 §§ 1, 2; Ord. No. 2016-19 § 4]
a.
Minor subdivision — lot line adjustment, application fee: $250.
b.
Minor subdivision — two or three lots. Base fee: $300 plus
$10 per lot.
c.
Preliminary major subdivision plat — original submission. Base
fee: $750 plus $25 per lot.
d.
Final subdivision plat. Base fee: $500 plus $25 per lot.
e.
Site plans — preliminary. Base fee: $500 plus $25 per 1,000
square feet gross floor area plus $10 per 1,000 square feet site disturbance.
Final - 1/2 preliminary fee. Minor site plans $300. Conditional use
$300. Site plan waiver $50.
f.
Appeals, interpretations and variances. For each application requesting
an appeal interpretation, or variance relief pursuant to N.J.S.A.
40:55D-70(a), (b), (c) and/or (d), the following application fees
shall apply:
1.
Base Fees:
|
N.J.S.A. 40:55D-70 Subsection Type
|
Single Family Residential
|
Retail Prof. Multi-Family
|
Industrial
|
|---|---|---|---|
|
(a)
|
$100
|
$100
|
$100
|
|
(b)
|
$100
|
$100
|
$100
|
|
(c)
|
$100
|
$200
|
$200
|
|
(d)
|
$200
|
$500
|
$750
|
|
If the application requires more than one type of relief under N.J.S.A. 40:55D-70 (a, b, c, d) as listed in Subsection f, the applicant shall apply the fee required for every and each type variance requested.
|
g.
Other base fees.
1.
Construction of a single family residence on an undersized lot (in
addition to the foregoing) - $100.
2.
Special meeting of either the Planning Board or Zoning Board of Adjustment
- $1,000.
3.
Request for extension of preliminary or final site plan or subdivision
approval - $500.
4.
Request to Planning Board for zone change - $500.
h.
Upon submission of a lot line adjustment (minor subdivision): Review
inspection escrow: $750.
i.
Minor subdivision, including lot line adjustment, two or three lots;
Review inspection escrow: $1,200, plus $25 per lot for minor subdivision
other than lot line adjustment.
j.
Upon submission of preliminary major subdivision: Review inspection
escrow: $2,500, plus $50 per lot.
k.
Upon submission of final plat: Review inspection escrow: $2,000,
plus $50 per lot.
l.
Preliminary - $500 plus $25 per 1,000 square feet floor area plus
$10 per 1,000 square feet site disturbance. Final, if submitted separately
- 1/2 of preliminary.
m.
Applications involving residential properties, escrow fee - $500.
n.
Applications involving commercial properties - $500.
o.
Subdivision amendment: Application fee: $500: Review inspection escrow:
$1,200.
p.
Site Plan Amendment: Application fee: $500: Review inspection escrow:
$1,200.
[Ord. No. 01-24 § 1; Ord. No. 02-11; Ord. No.
03-08 § 4; Ord. No. 04-05 § 24; Ord. No. 06-02 § 3; Ord. No. 2015-13]
|
Comprehensive Land Management Code
|
$35 per copy
|
|
Master Plan
|
$35 per copy
|
|
Zoning Permit - Residential
|
$30
|
|
Zoning Permit - Commercial
|
$60
|
|
Site Plain Waiver Fee
|
$50
|
Highlands Area Exemptions: Applicants for a municipal exemption
shall pay the following fees and escrow charges:
|
Highlands Exemption Determination Fee (without a zoning permit)
|
$50
|
|
Highlands Exemption Determination Fee (with a zoning permit)
|
$100
|
|
Highlands Exemption Determination Escrow Deposit for Professional
Review (if needed)
|
$750
|
[Ord. No. 01-24 § 2]
The term "professional personnel" or "professional services,"
as used herein, shall include the services of a duly licensed engineer,
surveyor, planner, attorney, realtor, appraiser or other expert who
would provide professional services or advise to insure an application
complies with the standards set forth in this chapter and other experts
whose testimony is in an area testified to be any of the applicant's
experts. "Professional personnel" shall include personnel retained
by the Township pursuant to a professional services contract, as well
as Township employees (i.e., personnel whose services are provided
by a Township employee). The charge shall not exceed 200% of the sum
of the products resulting from multiplying (1) the hourly base salary,
which is established annually by ordinance, of each of the professionals
by (2) the number of hours spent by the respective professionals upon
review of the application or inspection of the developer's improvements.
[Ord. No. 12-9-97 §§ I —
X; Ord. No. 958 §§ 1,
2; Ord. No. 05-05 § 1; Ord. No. 08-03 § 1; Ord. No. 08-08 § 1]
a.
Purpose. In Holmdel Builder's Association v. Holmdel Township, 121
N.J. 550(1990), the New Jersey Supreme Court determined that mandatory
development fees are authorized by the Fair Housing Act of 1985, N.J.S.A.
52:270-301 et seq., and the State Constitution subject to Council
on Affordable Housing developing rules. The purpose of this subsection
is to establish standards for the collection, maintenance and expenditure
of development fees pursuant to COAH's rules. Fees collected pursuant
to this subsection shall be used for the sole purpose of providing
low and moderate income housing. This subsection shall be interpreted
within the framework of COAH's rules on development fees.
b.
Residential Development Fees. Residential development in the Township
of Sparta that includes less than four residential lots and/or dwelling
units shall pay a development fee of 1 1/2% of the equalized
assessed value of any eligible residential activity. The term developer
shall mean the legal or beneficial owner or owners of a lot or any
land proposed to be included in a proposed development including the
holder of an option to contract or purchase, or other person having
an enforceable proprietary interest in such land. Teardowns and reconstruction
of previously existing dwellings are subject to the requirements of
this section except existing housing units reconstructed after being
destroyed by a catastrophic event such as fire, flood or other natural
disaster.
c.
Eligible Exaction, Ineligible Exaction and Exemptions.
1.
Inclusionary developments providing the requirements set-aside of
low and moderate income units shall be exempt from paying development
fees.
2.
Expansion of existing residential structures shall be exempt.
3.
Developers that have received preliminary or final approval prior
to the effective date of this subsection[1] shall be exempt from paying a development fee unless the
developer seeks a substantial change in the approval, or the plan
is abandoned, approval lapses, or the period of protection pursuant
to N.J.S.A. 40:55D-52 expires without extension.
[1]
Editor's Note: This subsection was adopted by ordinance adopted
12-9-97.
4.
Developers of any church, school, governmental facility, or public
utility shall be exempt from paying a development fee.
5.
Developers of nonresidential development are exempt as to not limit
economic growth in appropriately zoned areas.
d.
Collection of Fees.
1.
Developers shall pay 50% of the calculated development fee to the
Township of Sparta at the issuance of building permits. The developer
shall submit to the Housing Officer an estimate of the assessed value
of the new construction and lot to be verified if required by the
Tax Assessor.
2.
Developers shall pay the remaining fee to the Township of Sparta
at the issuance of certificates of occupancy. At the issuance of certificates
of occupancy, the Tax Assessor shall calculate the equalized assessed
value and the appropriate development fee. The developer shall be
responsible for paying the difference between the fee calculated at
certificate of occupancy and the amount paid at building permit.
e.
Housing Trust Fund.
1.
There is hereby created an interest bearing Housing Trust Fund in
the name of Sparta Township for the purpose of receiving development
fees from residential developers. All development fees paid by developers
pursuant to this subsection shall be deposited in this fund. No money
shall be expended from the Housing Trust Fund unless the expenditure
conforms to a spending plan approved by COAH.
2.
If COAH determines that the Township of Sparta is not in conformance
with COAH's rules on development fees, COAH is authorized to direct
the manner in which all development fees collected pursuant to this
subsection shall be expended. Such authorization is pursuant to this
subsection; COAH's rules on development fees; and the written authorization
from the Governing Body.
f.
Use of Funds.
1.
Money deposited in the Housing Trust Fund may be used for any activity
approved by COAH for addressing the Township of Sparta's low and moderate
income housing obligation. Such activities may include, but are not
necessarily limited to: housing rehabilitation, new construction,
regional contribution agreements, the purchase of land for low and
moderate income housing sites; assistance designed to render units
to be more affordable to low and moderate income people, and administrative
costs necessary to implement the Township's housing element. The expenditure
of all money shall conform to a spending plan approved by COAH.
2.
No more than 20% of the revenues shall be expended on administrative
costs necessary to develop, revise, or implement the housing plan
element of the Township Master Plan. Examples of eligible administrative
activities include personnel; consultant services; space costs; consumable
supplies; and rental or purchase of equipment.
3.
Development fees shall not be expended to reimburse the Township
of Sparta for housing activities that preceded substantive certification.
g.
Monitoring. The Township shall complete and return to COAH all monitoring
forms related to the collection of development fees, expenditures
of revenues and implementation of the spending plan certified by COAH.
Quarterly financial reports and annual program implementation and
auditing reports shall be completed by the Township on forms designed
by COAH.
h.
Penalties.
1.
In the event that any of the conditions set forth below occur, COAH shall be authorized, on behalf of the Township, to direct the manner in which all development fees collected pursuant to this subsection shall be expended. Should any such condition occur, such revenues shall immediately become available for expenditure at the direction of COAH upon the Township Clerk's receipt of written notification from COAH that such a condition has occurred. In furtherance of the foregoing, the Township shall, in establishing a bank account pursuant to Subsection e of this subsection, ensure that the Township has provided whatever express written authorization which may be required by the bank to permit COAH to direct disbursement of such revenues from the account following the delivery to the bank of the aforementioned written notification provided by COAH to the Township Clerk.
2.
Occurrence of the following may result in COAH taking an action pursuant
to Subsection h1 above.
(a)
Failure to submit a spending plan within the time limits imposed
by COAH;
(b)
Failure to meet deadlines for information required by COAH in
its review of this subsection, the Township's housing element or spending
plan;
(c)
Failure to address COAH's conditions for approval of a plan
to spend development fees within the deadlines imposed by COAH;
(d)
Failure to address COAH's condition for substantive certification
within the deadlines imposed by COAH;
(e)
Failure to submit accurate monitoring reports within the time
limits imposed by COAH;
(f)
Failure to implement the spending plan for development fees
within the time limits imposed by COAH, or within reasonable extensions
granted by COAH;
(g)
Expenditure of development fees on activities not permitted
by COAH;
(h)
Revocation of the Township's substantive certification;
(i)
Other good cause demonstrating that the revenues are not being
used for the intended purpose.
i.
Expiration of Subsection. This subsection shall expire if:
1.
COAH dismisses or denies Sparta's petition for substantive certification.
2.
COAH revokes substantive certification or its certificate of this
subsection.
3.
Substantive certification expires prior to Sparta's filing an adopted
housing element with COAH, petitioning for substantive certification
or receiving COAH's approval of this subsection.
j.
Effective Date. This subsection shall take effect after publication
and passage according to law.
[Ord. No. 08-03 § 1; Ord. No. 08-07 § 1; Ord. No. 2016-20 § 3]
a.
Applicability. The requirements contained in this subsection shall
be applied in Sparta Township to all residential construction in all
zones, mixed use residential and nonresidential construction, in the
TCC Town Center Commercial Zone, TCPB Town Center Professional Business
Zone, TCCO Town Center Commercial Office Zone, TCLC Town Center Limited
Commercial Zone, C-2 Commercial Office and Service Zone, R-4, and
C-1 Community Commercial Zone and all nonresidential zones and developments.
Responsibility for constructing affordable housing units shall
be as provided for under this subsection. Developers that have received
preliminary or final approval(s) prior to March 8, 2008 shall be exempt
from complying with the provisions of this subsection, unless the
developer seeks a substantial change in approval, or the plan is abandoned,
approval lapses, or the period of protection pursuant to N.J.S.A.
40:55D-52 expires without extension. The triggering mechanism for
incentive zoning and mandatory set-aside responsibility shall be the
issuance of a building permit for new construction issued after adoption
of this subsection.[1]
b.
Affordable Units Required for Residential Developments. Except for residential "inclusionary" developments which are otherwise required to have a set-aside of "very low," "low" and "moderate" income units as set forth in Subsection 18-4.2, any applicant for a residential development in Sparta Township that includes four or more residential lots and/or dwelling units shall be required to provide the number of affordable housing units equivalent to 20% of the total number of market rate units (15% if rental affordable are committed) which will result from the proposed development, with any decimal amount rounded to the next highest whole number.
As incentives to internally subsidize the required affordable
housing units, a developer may utilize the following incentives.
1.
For residential developments constructing the incentive zoning affordable
housing units on site, the developer may build one additional market-rate
unit for each affordable unit constructed on site. The affordable
units may be built on a lot of 1/2 or more acres in size, and may
be single-family, duplex, triplex or quadraplex units. The density
increases granted to allow the incentive one market-rate unit per
affordable unit(s), the affordable units, and the alternate structure
and use type for affordable units shall not require a "c" or "d" variance.
2.
For residential developments that make payments to the Township of
Sparta in lieu of constructing affordable units, the developer may
build up to 1/2 of a market-rate unit for each full contribution toward
an affordable unit's costs. The affordable units may be built on a
lot of 1/2 or more acres in size, and may be single-family duplex,
triplex or quadraplex units. The density increases granted to allow
the incentive 1/2 market-rate unit per affordable unit, the affordable
unit(s), and the alternate structure and use type for affordable units
shall not require a "c" or "d" variance.
c.
Affordable Unit Optional Incentives for Nonresidential and Mixed
Use (Residential and Commercial) Developments. At the option of the
applicant for development, nonresidential or mixed use (residential
and commercial) development shall be permitted in Sparta Township
in zones that permit commercial and mixes uses. An applicant for a
nonresidential or mixed use (residential and commercial) development
in Sparta Township that elects these optional incentives shall provide
an affordable unit on site or off site in Sparta Township for each
5,000 square feet of additional commercial square footage.
As incentives to internally subsidize the required affordable
housing units in nonresidential and mixed use developments, developers
shall be permitted to include a 10% additional impervious coverage
amount over and above the permitted impervious coverage in any commercial
or mixed use site plan. As a second incentive such developers shall
be permitted to construct affordable residential units above or beside
retail, office and mixed uses. As a third incentive to nonresidential
developers that construct affordable housing on site, they shall be
permitted to demonstrate shared parking for mixed use building projects
and reduce the parking requirements for the affordable housing portion
of the project by 50%.
d.
"Very Low," "Low" and "Moderate" Income Split. 50% of the affordable housing units required to be produced in accordance with Subsections b and c hereinabove shall be available to "very low" and "low" income households and 50% shall be available to "moderate" income households, provided that any single remaining unit shall be available to a "low" income household. 13% of the total affordable housing units shall be affordable to "very low income" households.
e.
Compliance with COAH and UHAC Rules and this Ordinance. All affordable
housing units shall fully comply with all applicable "Substantive
Rules" and policies of COAH and UHAC and this Ordinance No. 2016-20
including, but not limited to, bedroom distribution, controls on affordability,
household income qualification and eligibility, range of affordability,
affirmative marketing and the construction phasing of the market-rate
versus the affordable housing units. 13% of the total affordable housing
units shall be affordable to "very low income" households.
f.
Payments in Lieu. For residential development which proposes more
than four residential units, the developer shall be required to provide
on-site production of affordable housing, and for any fractional or
partial obligation remaining after the production of the mandated
affordable housing units, shall pay the pro rata contribution for
each new housing unit in an amount agreed to by the applicant and
the Township of Sparta.
g.
Alternative Methods of Compliance. Except for major subdivision or site plan approvals involving four or more units or 10,000 square feet of commercial space pursuant to the optional incentives authorized in Subsection c above, and further provided the developer obtains advanced written permission from the Sparta Township Council, the developer may choose to satisfy its affordable housing obligation calculated in accordance with Subsections 2 and 3, in compliance with one or more of the following alternatives as permitted by COAH's "Substantive Rules" as set forth below:
1.
On-site production affordable housing units;
2.
The purchase of an existing market rate dwelling unit within the
municipality and its conversion to an affordably priced and affordably
deed-restricted unit;
3.
The purchase of an existing market rate dwelling unit within the
municipality and its conversion to a "supportive and special needs
housing" facility (i.e., group home); and/or
4.
Participation in gut rehabilitation and/or buy down/write down or
buy-down/rent down programs; and/or
5.
Payment in accordance with Subsection f.
|
Developers shall obtain written permission from the Township
Council endorsing the developer's plan for satisfying the affordable
housing obligation created by the proposed development which shall
be submitted to the Township Planning Board or Zoning Board at the
time the application for development is submitted for review and approval
and shall be considered a condition for the application being determined
"complete."
|
h.
Other Design Considerations.
1.
More than one affordable unit may be on a building lot. Affordable
single-family, duplex, triplex and quadraplex structures are hereby
permitted in Sparta Township.
2.
The affordable housing structures shall be consistent in size and
architectural features with the neighborhood or as approved by the
Township Planning Board and/or Zoning Board.
3.
Septic systems for the affordable housing units on the same lot (other
than in the Sparta Town Center, which shall be connected to the sewer
system) may only share the leach field and shall be maintained with
an annual maintenance fee from each unit. Each owner shall maintain
other septic system components. Any septic system arrangement under
this provision is subject to the Board of Health approval.
4.
Affordable housing must comply with the accessibility and adaptability
requirements of N.J.A.C. 5:94-3.14.
i.
Construction of Affordable Units. Residential units shall be constructed
on a schedule in accordance with the COAH regulations:
|
Percentage of Market Rate Units Completed
|
Minimum Percentage of Very Low, Low and Moderate Income Units
Completed
|
|---|---|
|
25
|
0
|
|
25 plus 1 unit
|
10
|
|
50
|
50
|
|
75
|
75
|
|
90
|
100
|
|
Nonresidential development shall be constructed based upon the
same percentages above by substituting nonresidential development
for market rate units.
|
j.
Housing Permitted. Incentive zoning affordable housing is a permitted
use in every residential and nonresidential zoning district to the
extent that production of affordable housing units is mandated or
allowed by this subsection.
k.
Appeals. Developers subject to this inclusionary incentive zoning
and mandatory set asides ordinance may appeal to the reviewing Board
pursuant to N.J.S.A. 40:55D-c(1) hardship standards to demonstrate
to the satisfaction of the Board that the increased density or intensity
and/or reduced costs do not provide an appropriate level of compensation
commensurate with the amount of affordable housing required. The reviewing
Board may grant relief including, but not limited to, additional incentives
or reductions in the affordable units required or any combination
thereof deemed appropriate by the Board to eliminate the "hardship"
and provide sufficient incentives.
l.
Additional Incentives and Set Aside Requirements and Standards in
the TCC, TCCO, TCLC and TCPB Zone Districts.
[Added 3-10-2020 by Ord. No. 2020-04]
1.
Intent and Purpose. As additional incentives to encourage apartment/multifamily
units and buildings and mixed-use buildings with commercial and offices
with apartment/multifamily units in the TCC, TCCO, TCLC, TCPB Zones,
the following incentives and standards shall apply.
(a)
Mixed use buildings with commercial and/or office uses that include apartments/multifamily units ("Mixed-use") and apartment/multifamily unit buildings are permitted in the TCC, TCCO, TCLC and TCPB Zones, provided they comply with the standards of this Subsection 18-8.5 entitled "Incentive Zoning and Mandatory Set Asides" and the other requirements of the respective zones, including the design standards for the Town Center set forth in Subsection 18-4.24e10.
(b)
The incentives shall include the following for lots greater
than two acres in size:
(1)
Apartment/multifamily unit buildings and mixed-use buildings
that include apartments/multifamily units ("mixed-use") with a height
up to four stories and 62 feet, including up to two stories of underground
or basement parking shall be permitted.
(2)
The maximum impervious coverage for lots dedicated specifically
to an apartment/multifamily use or mixed-use development as described
in this ordinance may be increased as follows:
(i)
Maximum impervious coverage for three-story buildings
shall be 70%.
(ii)
Maximum impervious coverage for four-story buildings
shall be 80%, with the condition that 15% of the total units in any
four-story building shall be for-sale units that are voluntarily offered
as part of any application to a Township Land Use Board, and confirmed
by the applicant in the development agreement.
(iii)
In the TCLC Zone, the increase in the permitted
impervious coverage as described in this section shall be calculated
based only on the lot(s) devoted solely to the apartments/multifamily
or mixed-use buildings and structures. The overall coverage provisions
of the TCLC Zone shall continue to apply to the overall site plan
for the entire site.
(iv)
In the TCPB Zone, the increase in the permitted
impervious coverage as described in this section shall be calculated
based only on the lot(s) devoted solely to the apartments/multifamily
or mixed-use buildings and structures. The overall impervious coverage
provisions of the TCPB Zone shall continue to apply to the overall
site plan for the entire site.
(3)
The maximum density permitted for apartment/multifamily unit
buildings and mixed-use developments shall be as follows:
(i)
Thirty dwelling units per acre for four-story buildings.
(ii)
Twenty-two dwelling units per acre for three-story
buildings.
(iii)
In the TCPB Zone, the maximum number of apartment/multifamily units shall continue to be 100 units with a minimum of 25 affordable units. The incentive standards under Subsection 18-8.5l1(b)(1) regarding building height and underground parking and Subsection 18-8.5l1(b)(2) regarding impervious coverage shall apply the TCPB Zone.
(c)
The following standards shall apply to apartment/multifamily
unit buildings and mixed-uses:
(1)
Setbacks:
(i)
A minimum side yard setback of 10 feet shall be
required.
(ii)
A minimum rear yard setback of 20 feet shall be
required.
(iii)
For front yard setbacks of 25 feet or less, the
maximum permitted building height shall be 40 feet and three stories.
(iv)
For minimum front yard setbacks of 50 feet, the
maximum permitted building height shall be 62 feet and four stories.
(2)
For all apartment/multifamily uses or mixed-use developments,
the mandatory affordable set aside shall be 15% for rental units and
20% for sale units.
(3)
No three-bedroom market rate units shall be permitted. Affordable
three-bedroom units shall be permitted, as required by COAH rules
and the Township Code.
(4)
Sidewalks shall be provided to connect the apartment, multifamily
building or mixed-use buildings to at least one public street in the
Town Center Zones.
(5)
Streetscape improvements along the street (or any other public
right-of-way that property may contain frontage) shall be improved
to the standards recommended in the Township Town Center Development
Design Guidelines and Main Street Improvements, which include sidewalk
replacement of at least six feet in width with decorative paving,
Belgian block curbs, and patterned crosswalks; decorative street lighting;
ornamental and shade trees; planters; benches; trash receptables;
and other typical street furniture at the direction of the approving
Land Use Board.
(6)
Signage.
(i)
One freestanding sign at each driveway to a public
roadway shall be permitted and shall not exceed 12 square feet in
area.
(ii)
No facade signs are permitted, except facade signs
for the commercial or office portion of the mixed-use buildings, as
allowed under the ordinances for the commercial or office use in the
respective zones.
(7)
Professional property managers shall maintain the development
and shall be on-call 24 hours a day, seven days per week.
(8)
All apartment/multifamily developments or mixed-use developments
shall include an amenities package as part of any application to a
Township Land Use Board. The amenities package shall include at a
minimum, but not be limited to, the following examples: a community
room; exercise facility; storage/delivery area; and terraces, patios,
and indoor and outdoor passive and active recreations area.
(9)
The architectural design and building materials shall be built
to same standards for all building facades and elevations.
(10)
Parking requirements shall conform to the New Jersey Department
of Community Affairs' ("NJDCA") Residential Site Improvement
Standards ("RSIS") for all residential uses. The off-street parking
requirements shall conform to the Township ordinances for all commercial
and office portions of any mixed-use buildings. The reviewing board
may authorize shared parking exceptions where the record demonstrates
that the mixture of uses will have adequate parking as a result of
a shared parking approach.
(11)
Structured Parking shall be wrapped to partially enclose any
parking level with the same architectural design and building materials
as the main portion of the building.
