Article IV sets forth regulations for the development or change in use of all buildings, structures or uses. A site plan or subdivision which includes a proposal to deviate from any of the regulations contained in Article IV shall require a variance pursuant to the requirements of N.J.S.A. 40:55D-70.
No accessory building shall be built on any lot on which there
is not a principal building or structure.
A.
The following requirements shall be met in all residential zones:
1.
The total of all accessory buildings on a lot shall not have a ground
area greater than 50% of the ground area of the principal building
or structure on the same lot. Swimming pools shall not be included
in the calculation of ground area.
2.
No accessory building shall exceed the height of the principal building
or structure or 15 feet whichever results in the lesser height.
3.
No accessory building shall be permitted in any front yard.
4.
All accessory buildings shall be located at least 10 feet from any
principal building situated on the same lot.
5.
Accessory buildings built in any side or rear yard shall conform
to the minimum yard dimensions in Schedule I, Bulk Regulations,[1] except that accessory buildings less than 150 square feet
in area may be located within five feet of any side or rear lot line.
Pools and pool accessories (including, without limitation, pumps and
filters) built in any side or rear yard shall conform to the minimum
yard dimensions in Schedule I, Bulk Regulations, except that the setback
for in ground pools shall be measured from the water line.
[1]
Editor's Note: Schedule I, Bulk Regulations, referred to herein, is included as an attachment to this chapter.
6.
Not more than two accessory buildings shall be permitted on a lot.
This restriction shall not apply to commercial or home agriculture
on parcels in excess of three acres.
B.
The following requirements shall be met in all nonresidential zones:
1.
All accessory buildings comply with all setback and bulk requirements
of principal building.
2.
Tractor trailer bodies or shipping containers shall not be considered
accessory buildings and shall not be used for temporary or permanent
storage.
3.
Accessory buildings shall not be located between the face of the
principal building and right-of-way line.
[Ord. No. 2001-863 § 2]
Outdoor storage is the storage of any objects, materials, equipment
or merchandise outside the confines of a building. All outdoor storage
shall conform to the following requirements:
A.
General.
1.
Commercial vehicles shall not be parked in such a manner so as to
serve as a sign or to focus attention on a commercial use.
2.
A maximum of one recreational vehicle and one boat and/or boat trailer
shall be permitted for each dwelling unit.
3.
At no time shall any recreational vehicle or boat on any lot be used
for living or sleeping purposes.
4.
Recreational vehicles in residential zones.
(a)
All recreational vehicles shall have a current license or registration.
(b)
The parking of any recreational vehicle for a period longer
than 14 days during any calendar year is prohibited, except that this
prohibition shall not apply to a property owner or tenant, provided
the following conditions are met:
(1)
The recreational vehicle is garaged; or
(2)
It is parked no closer to the side or rear lot line than the
minimum required side or rear setback line for the principal building.
(3)
The recreational vehicle cannot be parked between the front
building line and the right-of-way line.
(4)
The recreational vehicle shall be fully screened from adjoining
properties with six to eight-foot evergreens or a six-foot high fence.
5.
Boats or boat trailers in residential zones.
(a)
Boats or boat trailers which are 21 feet or more in length,
as measured from outside dimensions, including hitching devices, shall
be parked and stored within an enclosed building at all times.
(b)
Boats or boat trailers less than 21 feet in length may be parked
or stored outside, provided:
(1)
All boats or boat trailers shall have a current license or registration.
(2)
They shall be parked no closer to the side or rear lot line
than the required minimum setback for the principal building.
(3)
The boat or boat trailer shall not be parked between the front
building line and the right-of-way line.
(4)
The boat or boat trailer shall be fully screened from adjoining
properties with six to eight-foot high evergreens and/or a six-foot
high fence.
B.
Residential districts.
1.
Outdoor storage prohibited. Outdoor storage of any kind or nature,
except storage of those items customarily used in conjunction with
and incidental to a residential occupancy, is prohibited in all residential
zones, with the following exceptions:
(a)
Within any residential zone, no motor vehicle shall be permitted
to be stored or repaired (including, but not limited to, removal of
wheels) outside of a garage so as to cause the same, at any time,
to be in any disassembled or disabled condition, or be lacking a valid
motor vehicle registration for the current year. This shall not be
construed as prohibiting an owner from working on one personal, registered
vehicle for a reasonable time not in excess of 30 days.
(b)
This prohibition on outdoor storage shall not apply to the outdoor
storage of farm machinery and the products of commercial agriculture
on a farm as defined herein which is located in any residential zone.
(c)
The parking or storage of vehicles for sale shall be permitted,
provided the vehicle is a noncommercial vehicle, owned and registered
to the resident of the premises, and displayed on a paved driveway.
2.
Commercial vehicles. Each dwelling shall be restricted to not more
than one commercial vehicle to be parked, stored or garaged overnight,
providing the following conditions are met:
(a)
No commercial vehicle exceeding one ton rated capacity shall
be parked or maintained on any premises in the residential districts
other than in an enclosed building.
(b)
No such commercial vehicle shall be kept or maintained on any
premises or on any street in a residential zone or district except
on the premises of an operating farm where such vehicle is used in
the farming operation.
3.
Vehicles over 8,500 GVWR. Notwithstanding any other provision of
this section, no vehicle with a gross vehicle weight rating in excess
of 8,500 pounds shall be stopped, parked, stored or garaged in a residential
district, except:
C.
Nonresidential districts. Outdoor storage in all nonresidential zones
shall be permitted only in accordance with the following provisions:
1.
Outdoor storage shall be restricted to materials and currently registered
vehicles directly related to the principal permitted use of the premises.
2.
Outdoor storage shall be restricted to not more than 40% of the rear
yard.
3.
No outdoor storage shall be permitted within 25 feet of any lot line
nor closer than 20 feet to any building.
4.
All outdoor storage permitted hereunder shall be screened by fencing,
planting or both as required by the Planning Board so as not to be
visible from any adjacent residential uses or any public street. The
height of fencing and planting and storage materials shall not exceed
eight feet except for vehicles which have a height of more than eight
feet.
5.
All outdoor storage areas shall be approved by the Planning Board
or Board of Adjustment as part of site plan approval.
6.
All storage as herein permitted shall be maintained in an orderly
manner at all times and shall not include any discarded or abandoned
materials.
D.
Outdoor displays.
1.
The display of merchandise on the exterior of any building or on
any public street or sidewalk is prohibited, except as otherwise specifically
permitted and regulated in this Article; but this section shall not
be construed to prohibit the maintenance of garden shops, restaurant
terraces and similar areas maintained in connection with a store or
other business establishment, provided such areas are enclosed by
a wall, trellis or screened planting at least four feet in height
and further provided that such outdoor displays or storage shall be
subject to site plan approval.
All off-street parking areas for uses other than detached housing
shall conform to the following requirements unless otherwise noted:
A.
Each off-street parking area hereinafter created in excess of 1,000
square feet within the Township of Branchburg shall be subject to
the approval of the Planning Board or Zoning Board to insure its adequacy
to provide for traffic safety, to provide ingress and egress for emergency
vehicles, to protect adjacent properties.
B.
All off-street parking shall be paved in accordance with Township
standards.
[Ord. No. 2002-916 § 1; Ord. No. 2015-1261 § 2;
Ord. No. 2015-1264 § 2]
A.
For residential developments, off-street parking shall be provided
as set forth in Exhibit 1.
B.
For nonresidential developments, off-street parking shall be provided
as set forth in Exhibit 2.
|
EXHIBIT 1
Off-Street Parking Requirements for Residential Land Uses
| |
|---|---|
|
Housing Type/Size
|
Off-Street Parking Requirements (spaces required)
|
|
Single-Family Detached
|
2 (1 in a garage)
|
|
Multi-Family
| |
|
1 Bedroom
|
1.8
|
|
2 Bedroom
|
2.0
|
|
3 Bedroom
|
2.1
|
|
Townhouse
| |
|
1 Bedroom
|
2.0
|
|
2 Bedroom
|
2.3
|
|
3 Bedroom
|
2.5
|
|
Home Occupation
|
3.0
|
|
Nursing Home or Assisted Living
|
0.5 per unit or 0.25 per bed for residents; and 0.5 per unit
or 0.25 per bed for guests of residents
|
|
Notes:
| |
|
1.
|
When determination of the number of parking spaces required
by this exhibit results in a requirement of a fractional space, any
fraction of 1/2 or less may be disregarded, while a fraction in excess
of 1/2 shall be counted as one parking space
|
|
2.
|
Requirements for attached units include provision for guest
parking
|
|
3.
|
A home occupation or home office shall require 3 additional
off-street parking spaces
|
|
EXHIBIT 2
Off-Street Parking Requirements for Nonresidential Land Uses
| |
|---|---|
|
Nonresidential Land Uses Spaces Per Indicated
|
Required Off-Street Parking Area
|
|
Car wash
|
10 per washing lane
|
|
Banks
|
1 per 300 square feet GFA
|
|
Flexible buildings
|
1 per 250 square feet for offices; 1 space per 800 square feet
for other uses
|
|
Funeral Home
|
1 per 150 square feet GFA
|
|
Garden Center
|
1 per 200 square feet GFA
|
|
Hotel
|
1.2 per guest room plus additional spaces required for other
uses on the property such as restaurants and meeting rooms
|
|
House of Worship
|
1 per 3 seats
|
|
Industrial
|
1 per 800 square feet GFA
|
|
Library
|
1 per 300 square feet GFA
|
|
Manufacturing & Assembly Operations
|
1 per 800 square feet GFA
|
|
Medical Center
|
1 per 250 square feet GFA
|
|
Business Office
| |
|
Under 49,999 square feet GFA
|
1 per 225 square feet GFA
|
|
50,000-99,999 square feet GFA
|
1 per 250 square feet GFA
|
|
100,000+ square feet GFA
|
1 per 285 square feet GFA
|
|
Restaurant, Conventional
|
1 per 3 seats
|
|
Restaurant, Quick-Food or Take-Out
|
1 per 50 square feet GFA
|
|
Retail Store Business Services and Personal Services (5 or fewer
tenants)
|
1 per 225 square feet GFA
|
|
Schools
| |
|
Elementary
|
2 per classroom; but not less than 1.5 per teacher and staff
|
|
Intermediate
|
1.5 per classroom; but not less than 1 per teacher and staff
|
|
Secondary
|
2.5 per classroom; but not less than 1.5 per teacher and staff
|
|
Service station
|
4 per bay and work area
|
|
Neighborhood Convenience/Shopping Center (6 or more tenants)
|
1 per 250 square feet GFA
|
|
Theater
|
1 per 3 seats
|
|
Medical Office
|
1 per 200 square feet GFA
|
|
Clinical Laboratory
|
1 per 250 square feet GFA
|
|
Warehouse
|
1 per 5,000 square feet GFA and 1 per 250 square feet GFA of
associated business offices
|
|
GFA: Gross Floor Area
|
|
GLA: Gross Leasable Area
|
1.
When the computation to determine off-street parking results
in the fraction of a space, a fraction of .5 or higher shall be considered
a requirement of one additional space.
2.
Whenever there is more than one use conducted on any one premises,
parking spaces shall be provided in accordance with the combined requirements
of each use as shown in the above schedule or as approved by the Planning
Board or Zoning Board of Adjustment.
3.
Drive-thru lanes and windows for banks and fast food restaurants
shall be provided with room for queuing of 10 automobiles for each
drive-thru lane and/or window.
C.
A one-car garage and driveway combination shall count as 2 off-street
parking spaces. A two-car garage and driveway combination shall count
as 4 off-street parking spaces.
D.
Where the total number of off-street parking spaces required may
not be immediately required for a particular use, a banked parking/staged
development plan may be permitted.
A.
Buffering shall provide a year-round visual screen in order to minimize
adverse impacts on an adjacent property. It may consist of fencing,
evergreens, berms, boulders, mounds, or combinations thereof to achieve
the stated objectives and as approved by the appropriate board.
B.
Where required, buffers shall be measured from lot lines and street
right-of-ways. Compliance shall be determined by the Planning Board
or Zoning Board and any approvals required pursuant to this section
shall be obtained at the time of site plan and subdivision review.
C.
Buffers shall be maintained in perpetuity in accordance with the
site plan approval.
D.
Utilities and streets (generally perpendicular to the buffer) may
be permitted to cross any buffer area.
A.
Frontage buffer areas shall be provided for all nonresidential uses.
The minimum depth of said buffer shall be 35 feet. Frontage buffers
shall be shown on the landscape plan and planted with grasses, deciduous
trees, evergreens or constructed of berms, boulders, mounds or combinations
and as approved by the Planning Board which will enhance the appearance
of the site. In addition to required street trees, frontage buffers
shall require a minimum of 10 shrubs for every 30 feet of frontage.
If a landscaped berm is provided, the berm shall be at least 2.5 feet
higher than the finished elevation of the parking lot and planting
requirements may be reduced to five shrubs for every 35 feet of frontage.
Frontage buffer plantings may be waived by the Planning Board along
internal access roads in nonresidential zones or where existing natural
growth is found to be sufficient to meet the objectives of this section.
No buildings, structures, accessory structures, parking, driveways,
loading areas or storage of materials shall be permitted in the frontage
buffer. Driveways, utilities, fences and security structures may be
permitted by the Planning Board in accordance with an approved site
plan.
B.
Frontage buffers for office, industrial and laboratory uses along
Route 22 and Route 202 shall maintain, to the greatest extent possible,
any existing wooded areas to a minimum depth of 50 feet. Frontage
buffers shall not interfere with any required traffic sight distances
as established by the Township Engineering Department and shall not
preclude a driver's view of retail stores or signs on a commercial
site where such view, as determined by the Planning Board, is either
necessary to the legitimate economic functions of the site or where
traffic safety factors are involved.
Transition buffers shall be required when any proposed nonresidential
use abuts a residential zone or use and when any multi-family use
abuts a single-family zone. The buffer shall be placed along the lot
line but may be altered if approved by the Planning Board or Zoning
Board of Adjustment.
A.
Design of transition buffers. Arrangement of plantings in buffers
shall provide maximum protection to adjacent properties and avoid
damage to existing plant material. Possible arrangements include planting
in parallel, serpentine or broken rows. If planted berms are used,
the minimum top width shall be four feet, and the maximum side slope
shall be 2:1.
B.
Transition buffer planting specifications. Plant materials shall
be sufficiently large and planted in such a fashion that a screen
at least six feet in height shall be produced within three growing
seasons. All plantings shall be installed according to accepted horticultural
standards. The buffers shall be planted with evergreens and deciduous
trees as follows, subject to the approval or modification of the Board.
1.
The transition buffer shall be planted with masses and groupings
of shade trees, ornamental trees, evergreen trees and shrubs. No less
than 75% of the plants shall be evergreen trees with a minimum installed
height of six feet. A fence or wall may be required within the transition
buffer at the discretion of the Board. Said fence shall not exceed
a six-foot height in the side or rear yard and not exceed a four-foot
height in the front yard.
2.
Unless otherwise approved by the Board, evergreens shall be
spaced five feet from the outside lot line and 10 feet apart in a
row. A minimum of two parallel rows of staggered plants shall be planted
between single-family residential and multi-family residential and
between any residential and nonresidential use. More than one type
of evergreen species shall be used. Where a fence is required, all
plantings shall be placed along the outside perimeter of the fence
but not closer than five feet from the outside lot line.
3.
At a minimum, one deciduous tree shall be planted every 40 feet
within the center of the transition strip or as approved by the Board.
All deciduous trees shall have a minimum circumference of nine inches.
4.
Existing vegetation within the transition buffer shall be preserved.
Supplement with shade tolerant naturalistic massed plantings where
necessary to complete screening of adjoining land uses.
5.
No buildings, structures, accessory structures, parking, driveways,
loading areas or storage of materials shall be permitted within the
transition buffer. Buffer areas shall be maintained and kept free
of all debris and rubbish.
6.
Transition buffer plantings may be waived by the Board where
existing natural growth is found to be sufficient to provide a year-round
screen of adjacent land uses.
C.
Additional
Transition Buffer Requirements for I-1, I-2 and I-3 Industrial Zones.
The following standards are in addition to the transition buffer standards
set forth in this section and apply to any non-residential use abutting
or located across a right-of-way or access easement from a residential
zone or use.
[Added 7-27-2020 by Ord. No. 2020-1382]
1.
A
limit of disturbance measuring 100 feet shall be established from
a property line that abuts with or is located across from a right-of-way
or access easement from a residential zone or use.
(a)
Buildings, structures, above ground utilities, parking lots, access
drives or other improvements shall not be installed within the limit
of disturbance. Underground utilities may be installed within the
limit of disturbance where necessary or required, but must be installed
in a manner to minimize disturbance of the existing area and not create
a direct line of sight to existing or proposed improvements on the
industrial zone property from an abutting residential zone or use.
Trees, landscaping, fences sound barriers and other improvements may
be installed in the limit of disturbance as deemed necessary by the
Board to enhance the existing buffer.
[Amended 9-14-2020 by Ord. No. 2020-1386]
(b)
Existing vegetation within the limit of disturbance shall be preserved.
(c)
Clearing and grading within the limit of disturbance shall be prohibited.
2.
Accessory
structures, outdoor storage, loading docks, refuse disposal, truck
access drives and parking areas shall not be located within a yard
on the site that is abutting a residential zone or use without an
intervening building.
[Amended 9-14-2020 by Ord. No. 2020-1386]
A.
When required. Buffering shall be required as indicated below and
when topographical or other barriers do not provide reasonable screening
and when the Planning Board determines that there is a need to shield
the site from adjacent properties to minimize adverse impacts such
as incompatible land uses, noise, glaring light and traffic. When
building design and siting do not provide privacy, the Planning Board
shall require landscaping, fences or walls to ensure privacy and screen
dwelling units.
B.
Buffer dimensional requirements. Multi-family uses abutting any residential
zone shall contain a transition buffer 20 feet in width. Any nonresidential
use abutting any single-family or multi-family residential zone shall
comply with the following buffer width requirements:
1.
In any R/S zone, there shall be a frontage buffer which is 10%
of lot depth but not less than 30 feet nor more than 50 feet in width
and any transition buffer shall be 10% of lot width or lot depth but
not less than 30 feet nor more than 50 feet in width.
2.
In any I zone, the frontage buffer shall be a minimum of 50
feet in width in the tract to be developed and any transition buffer
shall be a minimum of 75 feet in width for the tract to be developed.
3.
In any OL zone, the frontage buffer shall be a minimum of 50
feet for the tract and any transition buffer shall be 50 feet minimum
for the tract.
[Ord. No. 2007-1057 § 1]
Reverse frontage buffers shall be required where residential
units and/or lots back onto any street. The buffer shall be situated
adjacent to the right-of-way line. The following landscape treatments
shall be provided in order to screen private residential spaces from
a roadway unless otherwise approved by the Planning Board or Zoning
Board of Adjustment.
A.
Provide a continuous landscaped open space buffer of not less than
30 feet in width on any local road. The buffer area shall be used
for no purpose other than landscaping or for any required sidewalk
and may include a fence or wall not to exceed four feet in height.
For lots backing up on major collector roads or higher order roadways,
the reverse frontage buffer shall not be less than 50 feet in all
zones except the LDRC zone, and not less than 35 feet in the LDRC
zone.
B.
The buffer shall be planted with masses and groupings of shade trees,
ornamental trees, evergreen trees, shrubs and/or berms in a free form
manner to provide contrast and create a more natural effect. No less
than 50% of the plants shall be evergreen with a minimum installed
height of six feet.
C.
Existing vegetation within the landscape buffer shall be preserved.
Supplement with shade tolerant naturalistic massed plantings where
necessary to complete screening of residences. Meander any required
sidewalks, as necessary, to preserve existing trees.
D.
Street trees shall be planted in accordance with subsection 5-7.5.
E.
No buildings, structures, storage of materials or parking shall be
permitted within the buffer area. Buffer areas shall be maintained
and kept free of all debris and rubbish. At the discretion of the
Planning Board, berms may be required to provide effectual buffers
from major collector and higher order roadways, in areas deficient
of existing vegetation. Where berms are used in these situations,
the following standards shall apply:
1.
Vertically and horizontally meandering berms shall be incorporated
to achieve a natural rolling park-like landscape. Berms shall be two
feet to eight feet in height, averaging five feet. The width shall
vary with side slopes of 1:5 to 1:3 without adversely affecting natural
drainage.
2.
Berms shall be overlapping where drainage swales are required
to pass through them. The final design must be reflected upon the
drainage plan.
3.
Where required, sidewalk space shall meander through, around
and over the berms and plantings where possible. Such sidewalks shall
not exceed a maximum pitch of one inch to 16 inches (vertical rise
or change in grade to horizontal run or distance).
4.
Between reverse frontage cul-de-sacs and other appropriate locations,
landscape and sidewalk easements shall be provided to allow walkways
through berms and plantings for added interest and safety.
5.
To reduce berming and create a spatial sense of entry, berms
at intersections may terminate at the rear of the homes.
6.
The berms shall be continuously planted with masses and groupings
of evergreen trees, shade and ornamental trees and shrubs. The design
shall maximize screening of residences and de-emphasize the linearity
of the roadway. The following quantities shall be provided:
|
Shade Trees
|
25/1,000 linear feet
|
|
Evergreen Trees
|
50/1,000 linear feet
|
|
Ornamental Trees
|
10/1,000 linear feet
|
|
Shrubs
|
150/1,000 linear feet
|
7.
Plants shall be provided in a mix of sizes with average sizes
of shade trees averaging seven-inch circumference, evergreen trees
five feet to six feet height, and shrubs 24 inches to 36 inches height.
A mixture of large and smaller sizes shall be provided.
A.
Commercial agriculture. Commercial agricultural activities, as defined
in the ordinance, shall be permitted in the "A", "LD" and "OL" zones,
only in accordance with the following requirements:
1.
All uses and structures customarily incidental to commercial agriculture
shall be permitted. Accessory uses shall include, but are not limited
to, the use of irrigation pumps and equipment, aerial and ground spraying
and seeding, large tractors and other mechanical equipment, farm laborers,
the application of chemical fertilizers and products for the control
and elimination of insects, pests, weeds, fungus and other substances
for the purpose of producing from the land agricultural products such
as vegetables, grains, hay, fruits, fibers, potatoes, wood, trees,
plants, shrubs, flowers and seeds.
2.
All commercial agricultural uses shall be conducted in conformance
with agricultural practices as determined and promulgated, from time
to time, by Cook College, Rutgers University or the U.S. Department
of Agriculture Soil Conservation District.
3.
All commercial agriculture uses shall be subject to the following
regulations:
(a)
Lot area. Minimum lot area shall be five acres, provided that
such area shall be increased to six acres if a single-family dwelling
is located on the lot.
(b)
Setback. Farm buildings, including farm stands, shall be located
at least 50 feet from a lot line. Any building or structure housing
livestock, whether principal or accessory, shall be located not closer
than 200 feet from any residence not located on the same property.
4.
Commercial agricultural uses may sell agricultural products on a
year-round basis from a permanent agricultural stand subject to the
following standards:
(a)
Site plan approval shall be required prior to the construction.
(b)
Building height. Maximum building height shall be one story
not exceeding 20 feet.
(c)
Building area. Maximum area shall be 1,000 square feet.
(d)
Parking. Off-street parking spaces shall be provided as set
forth in this Article.
(e)
Buffer. The Board may require the provision of a buffer or screen
between the agricultural stand and adjacent lots when the stand may
adversely affect the adjacent lots.
(f)
Hours of operation. Hours of operation of agricultural stands
shall be limited to daylight hours.
B.
Home agriculture. Home agriculture activities, the principal of which
is to grow and produce products for home consumption of the property
owner or tenant, shall be permitted in all zones in the Township only
in accordance with the following regulations:
1.
All uses and structures customarily incidental to home agriculture
shall be permitted. Accessory uses shall include, but are not limited
to the use of irrigation pumps and equipment, ground spraying and
seeding, use of tractors and other mechanical equipment, the application
of chemical fertilizers and products for the control and elimination
of insects, pests, weeds, fungus and other substances for the purpose
of producing from the land agricultural products such as vegetables,
grains, hay, fruits, fibers, potatoes, wood, trees, plants, shrubs,
flowers and seeds.
2.
All home agricultural uses shall be conducted in conformance with
agricultural practices as determined and promulgated, from time to
time, by Cook College, Rutgers University or the U.S. Department of
Agriculture Soil Conservation District.
3.
A single agricultural stand is permitted on the premises and shall
be subject to the following requirements:
(a)
Only products produced on-site shall be sold.
(b)
The agricultural stand shall be of a temporary nature not to
exceed 300 square feet in floor area.
(c)
Building height. Maximum building height shall be one story,
not exceeding 20 feet.
(d)
The agricultural stand shall not be open for more than 150 calendar
days in any year.
(e)
The agricultural stand shall not require site plan approval.
(f)
All agricultural stands shall be set back a minimum of 20 feet
from the public right-of-way or any lot line.
(g)
The agricultural stand shall be located so as to provide safe
vehicular and pedestrian access and adequate off-street parking as
determined by the Township Zoning Officer.
(h)
Any building housing animals shall be set back a minimum of
50 feet from any lot line.
In all zones, signs may be used, erected, maintained, altered,
relocated or removed only in compliance with the provisions of this
Article.
The intent of these regulations is to:
A.
Control the size, location, character and other pertinent features
of all exterior signs or signs visible from the exterior;
B.
Promote signage which is compatible with its surroundings, orderly,
readable, appropriate, helpful, and nondistracting to motorists;
C.
Discourage and render unlawful signs which contribute to visual pollution
and clutter, are in disrepair or of faulty construction, or are in
any way inimical to the public safety and welfare.
A.
Permits. A zoning permit shall be required before the erection, re-erection,
construction, alteration, or placement or location of any permanent
sign permitted by this Article. Applications for development requiring
site plan approval shall include all necessary sign information including
design, location, dimensions and lighting. All applications shall
contain a sketch of the proposed sign, drawn to scale, the wording
or message, a plot plan showing the location of the proposed sign,
and for freestanding signs, dimensions to the nearest building and
lot lines and existing freestanding signs within 100 feet of the proposed
sign. As soon as the sign has been erected, the applicant shall notify
the Construction Official for a final inspection. A permit shall not
be required for the following, provided such items meet all other
provisions of this Article:
1.
Repainting or resurfacing of signs.
2.
Exempt signs.
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In hearing any application for a variance or design waiver pertaining
to signage, the Planning Board or Zoning Board of Adjustment may consider
modification to the sign design in order to promote the purposes of
this section if the benefits of granting the relief will outweigh
the detriments.
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B.
Removal of signs on vacant premises. The owner of a property shall
remove the advertising, message, symbol or other information conveyed
by signs within 30 days after the activity, business or use it advertises
or calls attention to is no longer conducted in or upon the premises.
C.
Sign area measurement. The area of any sign shall be computed as
the product of the largest horizontal width and the largest vertical
height of the lettering, illustration (including logos), display or
background. This shall not be construed to include the supporting
members of any sign which are used solely for such purpose. If the
letters, illustration, display or background are painted, printed
or attached directly to the face of the building, the height or width
of the sign shall be the height or width of the largest letter, illustration,
display or background, whichever is the greater. For signs with two
display faces, the maximum area requirement shall be permitted on
each side. The maximum distance between the faces shall not exceed
18 inches. Signs with more than two display faces are prohibited.
A double face sign having an included angle of over 45° is prohibited.
D.
Sign replacement or alteration. If and when any sign is moved, altered
or replaced, except for purposes of minor and nonstructural maintenance
and/or repairs, the sign shall thereafter conform to all of the requirements
of this Chapter.
The following regulations shall be observed for all signs in
all zoning districts in the municipality:
A.
No sign shall be erected on any lot or building which does not pertain
to the use of the lot or building, unless provided for elsewhere in
this subsection.
B.
Any signs not specifically permitted are hereby prohibited.
C.
Identification signs and corporation logos shall conform to the standards
established in this Chapter.
D.
A sign shall complement the architectural style and scale of the
building and shall be designed as an integral architectural element
of the site to which it principally relates. As an architectural element,
the sign shall reflect the period of architecture and shall be in
harmony with a building's character and use. It must not interfere
with architectural lines and details. Components of signs (supporting
structures, backs, etc.), not bearing a message shall be constructed
of materials that blend with the natural environment or shall be painted
a neutral color, to blend with the natural environment.
E.
Where a building requires several different signs, a consistent design
theme shall be created utilizing similar elements such as material,
size, background and lettering color, lettering style, illumination
and borders. They shall be similar in design throughout any development
requiring more than one sign for all types of signs.
F.
Any sign located along the right-of-way of a State highway shall
comply with any more restrictive requirements of the State and Federal
government relating thereto. Limitations on signs as set forth in
the section shall not apply to any sign or directional device erected
by the Federal, State, County or Township government or agency thereof.
G.
No sign shall be placed in such a position as to endanger traffic
by obscuring view or by confusing with official street signs or signals
because of position, color, shape, or reflective surface.
H.
No sign shall project over a public walkway, except for signs of
governmental authority. For those exceptions where a sign is permitted,
the lowest edge of such sign shall be at least eight feet above the
sidewalk elevation.
I.
Flags other than official U.S., N.J., Somerset County or Branchburg
flags shall be considered to be signs and shall comply with applicable
regulations. Flagpoles shall not exceed 50 feet in height or be located
closer than 35 feet to the right-of-way.
J.
No sign shall be attached to or erected on the roof of any building.
K.
No sign or any part thereof shall be located closer than 10 feet
to any lot line.
L.
Parking, traffic control, directional and warning signs on private
streets and driveways required by the Township Committee shall be
permitted in all zones.
M.
For purposes of legibility, signs visible from the Route 202 and
Route 22 rights-of-way shall have a minimum letter height of eight
inches.
Freestanding signs shall comply with the following general requirements:
A.
Any new freestanding sign shall be not less than a distance of 100
feet from any existing freestanding sign.
B.
Only one freestanding sign is permitted for each property except
in the case of a corner lot where the distance between signs on separate
frontages exceeds 200 feet measured along the right-of-way line.
C.
All signs shall be placed in a location which will allow sufficient
reaction time for drivers on the adjacent roads to safely enter and
exit the site.
D.
Freestanding signs shall be supported by posts or pylons or enclosures
of durable materials which may include concrete, steel, treated wood,
other suitable material or combination of same.
E.
Freestanding signs shall consist of materials and colors similar
to and compatible with the primary structure.
F.
The components of a freestanding sign relating to a number of businesses
shall be arranged in an aesthetically compatible and visually coordinated
manner.
A.
All signs attached to a building shall extend a maximum of six inches
from the wall on which it is mounted. Signs erected flat against the
side of a building shall not extend above the height of a vertical
wall or eaves to which they are attached.
B.
Any sign attached flat against the surface of a building shall be
constructed of durable material and be attached securely to the building
with nonrusting metal hardware.
C.
Facade signs shall not extend more than 15 feet above grade nor closer
than 10 feet to ground level below said sign and shall be positioned
so as not to interrupt architectural details.
D.
The maximum vertical dimension of any facade sign shall not exceed
two feet, unless such sign is on a building fronting on Route 202
or Route 22, in which case neither the horizontal nor vertical dimension
of any facade, wall, marquee or canopy sign shall exceed four feet.
E.
There shall not be more than one facade or wall sign as herein regulated
to each separate tenant of the premises, except where the tenant's
premises fronts on two streets, then one facade or wall sign may be
permitted per frontage. Where a building is served with a rear entrance
or entrances opening on a parking area and intended to be used by
the public as approved by the Planning Board, each tenant with such
entrance shall be permitted an additional facade sign over such entrance
as regulated for the front of the building.
F.
Multiple facade signs in multi-tenant buildings shall maintain a
consistent design theme pursuant to this Article and shall be of a
uniform height above grade.
Where a business establishment has a canopy or awning constructed
as an integral part of the building, a sign may be attached to the
face of the canopy or awning in place of a wall mounted sign provided
the sign does not extend above the highest point of the building wall
and further provided that:
A.
Signs attached to the face of the canopy or awning shall not extend
above, below, or to the sides of the face of the canopy.
B.
Signs erected on top of the canopy or awning shall not extend beyond
the face or edge of the canopy or awning.
C.
For the purpose of this section, canopy or awning shall mean a covering
extending from a building wall, having horizontal or nearly horizontal
top and bottom surfaces, located at least eight feet above the sidewalk
or the ground below, but not including any extension of the building
roof.
Unless specifically prohibited, all signs may be illuminated
as provided for below:
A.
All illuminated signs shall be either indirectly lighted or shall
be of the diffused lighting type. No sign shall be lit by means of
flashing or intermittent illumination, except for intermittent illumination
necessary to show time and temperature changes on signs intended for
that purpose. Floodlights used for illumination of any sign, whether
or not such floodlights are attached to or are separate from a building,
shall not project light above the highest elevation of the front wall
of the building or more than 18 feet above the ground level, whichever
is less. Free form exposed neon lights are specifically prohibited.
All illuminated signs shall be properly shielded and so located as
to prevent glare or blinding effects upon motor vehicle traffic and
so as not to cause a nuisance to residents of the area.
B.
Where illuminated signs are permitted, signs facing a residence or
residential zone shall not be illuminated between the hours of 10:00
p.m. and 7:00 a.m. the following morning unless the business or uses
advertised are open to the public later than 10:00 p.m., in which
event such establishment may keep a sign illuminated until business
is closed to the public but not thereafter.
The following signs are prohibited in all zones in the municipality:
A.
Signs using red, yellow and green lights placed within 100 feet of
any traffic control signal now or hereafter erected.
B.
Moving or revolving signs and signs using blinking, flashing, vibrating,
flickering, tracer or sequential lighting.
C.
Signs using any material which sparkles or glitters, but nothing
herein contained is intended to prohibit the use of reflective paint
on signs directing traffic or identifying various locations within
a lot or parcel. Signs which emit smoke, visible vapors or particles,
sound or odor.
D.
Roof signs.
E.
Signs or advertising matter of an obscene nature.
F.
Signs using words such as "stop", "look", "danger", etc., which are
placed in a manner or position which, in the judgment of the Traffic
Safety Officer or Police Chief, constitutes a traffic hazard or otherwise
interferes with the free flow of traffic.
G.
"Hanging" signs or signs which are perpendicular to and protrude
more than 12 inches from a building.
H.
Signs which are affixed to any tree, fence, or any electrical, telephone,
or other public utility pole.
I.
Signs which in any way simulate official, direction or warning signs
or otherwise cause confusion with those erected or maintained by the
State of New Jersey, Somerset County, or Branchburg Township or by
any railroad, public utility or agency concerned with the protection
of the public health or safety or signs which hide from view any traffic
or street sign or signal.
J.
Any sign which may dangerously confuse or distract the attention
of the operator of a motor vehicle.
K.
Except where specifically permitted, signs advertising a product
or service not sold on the premises, signs advertising or directing
attention to another premises and any other signs unrelated to the
premises on which the sign is erected.
L.
Signs causing interference with radio or television reception.
M.
Signs obstructing doors, fire escapes or stairways or keeping light
or air from windows used for living quarters.
N.
Flags, banners, string of banners, pinwheels, A-type signs, sandwich-type
signs, sidewalk signs, curb signs and similar advertising devices.
O.
Signs attached, affixed or painted on trees, rocks, natural features,
fences, utility poles, light poles, signs attached to other signs
and signs placed upon motor vehicles which are continuously or repeatedly
parked in a conspicuous location to serve as a sign. Nothing herein
contained is intended to prohibit the placement of signs directing
traffic or identifying various locations within a lot or parcel on
light poles and utility poles erected therein.
P.
Any series of two or more signs placed along a street or highway
carrying an advertising message, part of which is contained on each
sign.
Q.
No billboard or billboard-type signs shall be erected.
R.
Signs which are portable or fixed on a moveable stand; self-supporting
without being firmly imbedded in the ground; supported by other objects;
mounted on wheels or moveable vehicle; or made easily moveable in
any other manner.
S.
Signs located in a public right-of-way, or approved sight easement
(if sign is taller than 30 inches) except those owned and maintained
by a duly constituted governmental agency.
T.
Signs located, painted or affixed on a water tower, storage tank,
tower or other similar structure.
The following signs do not require a sign permit and are exempt
from the provisions of this Article provided they meet the following
stated requirements, where applicable:
A.
Public signs of a public noncommercial nature, including safety signs,
danger signs, and all signs erected by a public officer or agency
in the performance of a public duty.
B.
Nonilluminated memorial signs or tablets, indicating the name of
a building or date of erection, not exceeding 2.5 square feet in surface
area, which are part of the building construction, or attached wall
signs.
C.
One nonilluminated or shielded illuminated name plate, not exceeding
2.5 square feet in surface area, shall be permitted for each single-family
residence or home occupation.
D.
Trespassing signs; signs indicating the private nature of a road,
driveway, or premises; and signs prohibiting or otherwise controlling
the fishing or hunting upon a particular premises, provided that the
area of one side of any such sign shall not exceed two square feet.
[Ord. No. 2012-1212; Ord. No. 2006-1040 § 1; Ord.
No. 2006-1045 § 1; Ord. No. 2015-1283 § 10]
The following regulations shall apply to temporary signs in
all zones.
A.
"For Sale" and "For Rent" signs.
1.
Nonilluminated real estate signs offering the sale or rental
of the premises on which the sign is located are permitted in all
zones. Such signs may be double-faced, but only one sign shall be
permitted on each lot or parcel unless it fronts on more than one
street, in which case one sign shall be permitted per frontage. Such
signs shall be placed at least five feet from each street right-of-way
or lot line unless attached to a portion of a building that may be
nearer to a street right-of-way or lot line. The maximum size of such
sign shall be in accordance with the following schedule:
2.
All "For Sale" and "For Lease" signs shall be removed not later
than 48 hours after closing or settlement or the execution of a lease
for the premises.
3.
Real estate signs shall be permitted to have "sold", "under
contract" or similar wording.
[Amended 5-16-2019 by Ord. No. 2019-1345]
4.
Development with four or more homes for sale or rent may be
advertised on a sign not to exceed 24 square feet nor a twelve-foot
height. One such sign shall be permitted on each frontage if the development
fronts on more than one street. The sign shall be removed when all
of the homes or lots have been initially sold or rented.
5.
No temporary "For Sale" or "For Lease" sign shall exceed six
feet in height.
6.
The advertised use of the premises shall be in accordance with
the zoning permitted in the zone in which located.
B.
Seasonal farm stand signs. Movable free standing signs directing
patrons to seasonal farm stands shall be permitted in all zones provided
that each sign complies with all of the following:
1.
It is located within five miles of the seasonal farm stand.
2.
It is single sided.
3.
It does not exceed 16 square feet if the sign face is located
within sight of a marked U.S. Highway or four square feet if located
otherwise.
4.
It is not placed on public property or in a public right-of-way.
5.
It is not illuminated in any manner.
6.
It is posted only during the months of March through December.
7.
It is anchored sufficiently to prevent it being moved by the
wind.
8.
It is located no closer than 1,000 feet from any previously
approved seasonal farm stand sign.
9.
The owner of the property on which the sign is located has given
written permission.
10.
The seasonal farm stand advertised by the sign sells primarily
unprocessed New Jersey farm products.
11.
The owner of the sign has annually applied to and received from
the Zoning Officer a permit for the sign. The Zoning Officer shall
charge an annual fee of $10 for each seasonal farm stand sign application.
The Zoning Officer is authorized to prepare and require that each
applicant complete an application form sufficient to assure that the
sign will comply with all requirements. Site plan approval shall not
be required for seasonal farm stand signs. The owner of each seasonal
farm stand sign shall be responsible for complying with all Federal,
State, County and other governmental laws and regulations; the issuance
of a seasonal farm stand sign permit shall not be deemed a finding
by the Zoning Officer that the proposed sign complies with such other
governmental laws and regulations.
12.
No more than five signs shall be permitted for any seasonal
farm stand. No more than two of such signs may be located so that
their faces are within view of marked U.S. Highways.
C.
Temporary religious and nonprofit signs. Temporary signs advertising
fund raising events by religious or nonprofit organizations shall
be permitted in all zones provided that each sign complies with all
of the following:
1.
It is located on the premises where the event is to be held,
or the owner of the property on which the sign is located has given
written permission.
2.
It is single sided.
3.
It does not exceed 16 square feet if the sign face is located
within sight of a marked U.S. Highway or four square feet if located
otherwise.
4.
It is not placed on public property or in a public right-of-way.
5.
It is not illuminated in any manner.
6.
It is posted for a maximum of 14 days for any single event.
7.
It is posted only during the event advertised and during the
immediately preceding seven calendar days.
8.
It is anchored sufficiently to prevent it being moved by the
wind.
9.
It contains a clearly legible name and address of the organization
holding the event.
10.
The organization has previously held no more than four events
for which any temporary sign was placed during the same calendar year.
11.
Not more than eight such signs are posted for any event.
12.
The organization has complied with all Federal, State, County
and other governmental laws and regulations relating to the placement
of the sign.
13.
It is placed by a bona fide religious organization (organized
under Title 16 of the New Jersey Statutes or the substantially similar
laws of any other State) or a bona fide nonprofit organization (holding
a certificate issued by the Internal Revenue Service).
14.
The Zoning Officer is notified not less than 30 days in advance
and any required permit is issued. The Zoning Officer is authorized
to prepare and require that there be completed a form sufficient to
assure that each sign will comply with all requirements. No permit
shall be required for a sign posted for seven calendar days (or parts
thereof), regardless of whether the posting days are consecutive.
The Zoning Officer shall not charge for a temporary religious and
nonprofit sign application or permit. Site plan approval shall not
be required for temporary religious and nonprofit signs.
D.
Relocation information signs for a period of 30 days. Relocation
signs shall be restricted to the present location of the relocating
business and the future location of the relocating business. The signs,
one each at the present and the future business sites, shall not be
in excess of standards set forth for the zone in which the business
is located.
E.
Construction signs. One sign announcing the name of architects, engineers
and/or contractors, the building enterprise and related information
shall be permitted at a site under construction, alteration or repair,
provided the sign shall not exceed 24 square feet in area and that
the sign shall be removed before a certificate of occupancy is issued.
F.
Permanent and temporary window signs and internal signs visible from
the exterior of the building that are in conformance to the standards
set forth under facade signs and other applicable requirements for
this Article. Temporary window signs and internal signs advertising
or describing sales or special merchandise are permitted, provided
that he same sign does not remain visible from the exterior of the
building for a period of longer than 20 days and that all of the signs
individually or collectively do not exceed 15% of all available window
space or the wall on which the signs are located.
G.
Notwithstanding any provision of this subsection, a zoning permit
may be issued for a period not to exceed two weeks for special signs
advertising the opening of a new business or commercial enterprise
subject to the following conditions:
1.
Such signs shall be located on the same property as the business
or enterprise they advertise and be set back a minimum of 10 feet
from the street right-of-way and all adjoining properties line.
2.
Excepting number and size, and the use of banners and pennants,
such signs shall conform to all other requirements for signs in the
zone in which they are located.
3.
Such signs shall be maintained in an orderly manner at all times.
4.
Such signs shall be removed immediately upon expiration of the
permit.
5.
All other applicable portions of this subsection shall apply.
H.
"Open House" signs. Freestanding, nonilluminated "Open House" signs
advertising the location of residential real estate offered for sale
shall be permitted in all zones provided each sign complies with all
of the following regulations:
1.
"Open House" signs shall not exceed five square feet each.
2.
"Open House" signs shall not be higher than three feet from
the ground.
3.
Each "Open House" sign shall carry the name and telephone number
of the person or licensed real estate broker responsible for its placement
and removal. Any sign without a legible name and telephone number
shall be subject to immediate removal.
4.
Six signs are permitted for each open house. Balloons are permitted
only on the sign placed on the property for sale. No other attachments
are permitted.
5.
"Open House" signs are permitted only on Saturdays and Sundays.
They may not be placed before 11:00 a.m. and shall be removed by 6:00
p.m. on the same day. For an open house being conducted on Saturday
and Sunday, they shall be removed between 6:00 p.m. Saturday and 11:00
a.m. Sunday.
6.
"Open House" signs shall not be located in any Federal, State,
County or Township right-of-way, on public property or on private
property without the permission of the property owner. "Public property"
includes all property owned by any Federal, State, County or Township
government or agency, including any public agency such as the Department
of Environmental Protection or the School Board. "Public property"
also includes any property in which the public owns an easement or
other interest, such as "sight triangles" at intersections. It is
the responsibility of the person placing an "Open House" sign to determine
the location and width of any right-of-way and the location of any
easement or other interest.
7.
Any "Open House" sign not permitted in this subsection is prohibited.
[Ord. No. 2015-1261 § 4]
Only the following signs shall be permitted in residential districts:
A.
Exempt signs specified in subsection 4-8.9.
B.
Temporary signs as specified in subsection 4-8.10.
C.
ALO Assisted Living Overlay Zone (see also subsection 4-8.4 Freestanding
Signs for additional requirements).
1.
Freestanding sign.
(a)
Each Assisted Living Residence shall be permitted one freestanding
sign.
(b)
Maximum permitted area of a freestanding sign shall be 20 square
feet.
(c)
Maximum permitted height of a freestanding sign shall be eight
feet.
(d)
Minimum setback from a street right-of-way or property line
shall be 15 feet.
2.
Facade Sign (see also subsection 4-8.5 Facade Signs additional
requirements).
(a)
Each Assisted Living Residence shall be permitted to have facade
signs.
(b)
Maximum permitted aggregate area of facade signs shall be 1%
of the facade area.
(c)
Facade signs shall be integrated within the color, materials
and overall architecture of the facade and shall not conflict with/overlap/crowd
architectural elements of the facade, such as corner boards, sills,
cornices, friezes, window/door surrounds, etc.
(d)
Content of a facade sign shall include, only, the name of the
Assisted Living Residence.
[Ord. No. 2015-1263 § 2; Ord. No. 2015-1283 §§ 11,
12]
Only the following signs shall be permitted as an accessory
use if designed and constructed in accordance with this section. Such
signs shall not be located within 25 feet of the boundary of a residential
zone.
A.
Signs in the R/S zones except garages and automobile service stations.
1.
Uses in the R/S (Retail Service) shall be permitted one major
freestanding or ground sign, of no more than 20 square feet.
2.
Facade, awning, canopy and/or window signs shall be permitted
for each commercial building. The aggregate total of all such signs
shall not exceed 5% of the front facade of the principal building.
Where no freestanding or ground sign is used, the aggregate total
of all such signs shall not exceed 7%.
3.
No freestanding sign in these districts shall exceed a height
of 12 feet nor be set back less than 15 feet from any lot line or
right-of-way.
B.
Signs in the I, O and OL zones.
1.
Only one freestanding sign per principal permitted building
shall be permitted provided that said sign shall not be located closer
than 30 feet to any street right-of-way or lot line.
2.
No freestanding or pylon sign shall exceed a height of 16 feet,
an area of 75 square feet per sign face, or width of 20 feet.
C.
Attached facade signs shall be permitted in the I, O and OL districts
not to exceed an aggregate area of 5% of the front building facade
of the structure or structures, or 80 square feet, whichever is less.
D.
Sign regulations for garages and automobile service stations. Garages
and automobile service stations may display only the following signs:
1.
One freestanding sign advertising the name of the station and/or
the principal products sold on the premises, including any special
company or brand name, insignia, or emblem, provided that each such
sign shall not exceed 30 square feet in area on each side and shall
be placed not less than 10 feet within the lot line. No part of said
sign other than supporting members shall be less than 10 nor more
than 20 feet above the ground.
2.
No permit for a freestanding pylon sign having a height in excess
of 15 feet or an area of 30 feet shall be issued unless two sets of
detailed plans of the sign, structure and foundation have been submitted
and approved by the Planning Board.
3.
Customary lettering on or other insignia which are a structural
part of a gasoline pump, consisting only 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 two square feet on each pump.
4.
An automobile service station shall be permitted only one price
sign. The price sign shall not exceed 20 square feet in area, 25 feet
in height or closer to the side lot line than 15 feet.
E.
Signs in the PO Planned Overlay Zone. A comprehensive plan depicting
all proposed signs shall be submitted that clearly indicates the location,
dimension, area, color and materials of all existing and proposed
permanent signs and provides a detail of each proposed sign.
1.
Freestanding sign.
(a)
One freestanding sign is permitted for a planned development.
Information included on the freestanding sign shall include, and shall
be limited to, the name of the overall "place" name and street address
by which the overall planned development will be known.
(b)
The sign area of the freestanding sign shall not exceed 32 square
feet.
(c)
The height of the freestanding sign shall not exceed 12 feet.
(d)
Minimum setback of the freestanding sign from Route 22 right-of-way
shall be 10 feet.
2.
Building-Mounted Signs (Facade, Awning, Canopy, Window, Blade
Signs.
(a)
Each tenant within a building shall be permitted to have one
building-mounted sign. Should the conditions be met for the installation
of a blade sign, each tenant may also have one blade sign, for a total
of two building-mounted signs.
(b)
The total area of all building — mounted signs (excluding
blade signs) shall not exceed 5% of the aggregate total area of the
facade upon which they are mounted.
(c)
Where a canopy is provided over walkways along building facades,
each tenant may have one blade sign that does not exceed an area of
2.5 square feet to identify the entrance to the tenant/business. The
blade sign shall either project from the facade or hang from the canopy
such that it is no closer than eight feet to the finished grade. The
method of the attachment to the building shall be consistent for the
entire planned development. Blade signs shall be oriented perpendicular
to a facade and the longitudinal direction of pedestrian travel.
(d)
Building-mounted signs shall not be internally-illuminated.
[Ord. No. 2001-849 § 2]
The purpose of this section is to provide sound land use policies,
procedures and regulations for the location and placement of wireless
telecommunications equipment in order to protect the community from
the visual and other adverse impacts and to preserve the scenic and
historic character of the countryside that the Master Plan seeks to
protect. This section seeks to meet the mandate of the Telecommunications
Act of 1996, and at the same time, without limiting the generality
of the foregoing, to:
A.
Protect residential areas and land uses from the potential adverse
impacts of wireless telecommunications towers and antennas;
B.
Encourage the location of wireless telecommunications towers in nonresidential
areas and along major transportation corridors;
C.
Minimize the total number of wireless telecommunications towers throughout
the community;
D.
Strongly encourage the joint use of new and existing wireless telecommunications
towers instead of construction of additional single-use towers;
E.
Encourage the location of wireless telecommunications towers and
antennas in areas where the adverse impact is minimized;
F.
Encourage the location of wireless telecommunications towers and
antennas in a way that minimizes their adverse visual impact through
careful design, siting, landscaping, screening, and innovative camouflaging;
G.
Enhance the ability of the providers of wireless telecommunications
services to provide such services to the community quickly, effectively,
and efficiently;
H.
Consider the public health and safety impacts of wireless telecommunications
towers; and,
I.
Avoid potential damage to adjacent properties from the failure of
wireless telecommunications towers through proper engineering and
careful siting of towers.
[Ord. No. 2001-849 § 2]
A.
Notwithstanding anything in the Land Development Ordinance to the contrary, the installation of wireless telecommunications antennas on existing structures, subject to minor site plan approval under Section 6-3 and consistent with the Visual Compatibility Requirements of subsection 4-9.3, shall be a permitted use in all nonresidential zones and a conditional use in all residential zones. When applying for a conditional use, the applicant shall meet the standards of subsection 4-9.4.
B.
Notwithstanding anything in the Land Development Ordinance to the
contrary, wireless telecommunications towers consistent with the provisions
of subsection 4-9.3 and subsection 4-9.4 shall be a conditional use
within all zones.
C.
Notwithstanding anything in the Land Development Ordinance to the
contrary, no new wireless telecommunications tower shall be permitted
unless the applicant demonstrates by clear and convincing evidence
to the Planning Board that no existing tower or structure, or alternative
technology that does not require the use of towers or structures,
can accommodate the applicant's needs. Proof that the costs of alternative
technology exceeds the costs of a new wireless telecommunications
tower or wireless telecommunications antenna shall not be presumed
to render any alternative technology unsuitable or unavailable.
[Ord. No. 2001-849 § 2]
A.
Wireless telecommunications antennas on existing structures or buildings
and wireless telecommunications towers shall be designed, located
and screened to blend with and into the existing natural or built
surroundings so as to eliminate, to the maximum extent practicable
and without regard to cost, adverse visual impacts through the use
of color and camouflaging, architectural treatment, landscaping, and
other means.
B.
Wireless telecommunications antennas on existing structures or buildings
and wireless telecommunications towers shall be placed to ensure that
views of, and vistas from, historic districts are not degraded by
the appearance of any antenna or tower. The views of architecturally
significant structures, identified in the Branchburg Township Historic
Preservation Plan Element shall not be impaired or diminished by the
placement of wireless telecommunications equipment.
C.
One wireless telecommunications equipment compound consisting of
no more than 1,500 square feet may be erected in support of a wireless
telecommunications tower, but only if:
1.
The wireless telecommunications equipment compound is enclosed
within a solid wooden fence at least seven feet and no more than eight
feet high, which shall include a locking security gate and shall be
approved by the Township Engineer; and
2.
The maximum height of any structure within a wireless telecommunications
compound, other than the tower, shall be 12 feet; and
3.
It is situated behind existing vegetation, tree cover, structures,
buildings or terrain features which will shield completely the wireless
telecommunications equipment compound from public view; or
4.
When a location completely out of public view is not possible,
a landscape buffer of 20 feet in width shall be provided outside the
fence to completely shield the compound from public view. Landscaping
shall include native evergreen and deciduous trees at least eight
feet high at the time of planting, and the number of trees shall be
based on the equivalent of staggered double rows at 15 feet on center;
and
5.
It otherwise complies with the requirements of this section.
[Ord. No. 2001-849 § 2]
A.
An applicant desiring to construct a wireless telecommunications
antenna in a residential zone or a tower in any zone shall demonstrate
each of the following to the satisfaction of the Planning Board:
1.
The need for wireless telecommunications antennas at the proposed
location. The evidence presented and introduced to the Planning Board
shall describe in detail: (a) the wireless telecommunications network
layout and its coverage area requirements and (b) the need for new
wireless telecommunications facilities at a specific location within
the Township. The applicant shall also provide evidence of all alternate
designs that would not require the applicant to construct a wireless
telecommunications tower at the proposed location;
2.
That the applicant has exercised its best efforts to locate
its wireless telecommunications antennas on existing towers, buildings
or structures within the applicant's search area. Without otherwise
limiting the nature of the evidence to be provided by the applicant
in order to meet its burden on this issue, the applicant shall provide
to the Planning Board copies of all correspondence with the owners
of existing towers, buildings or structures. The failure of the applicant
to present evidence of the foregoing shall constitute a rebuttable
presumption that that applicant has not exercised its best efforts
as required herein. Evidence demonstrating that no existing tower,
building or structure can accommodate the applicant's proposed antenna
may consist of any one or more of the following:
(a)
There is no existing tower, building or structure within the
applicant's search area.
(b)
Existing towers, buildings and structures are not of sufficient
height and cannot be made to be of sufficient height to meet the applicant's
engineering requirements, or do not have sufficient structural strength
to support the applicant's proposed antennas and related equipment.
(c)
The applicant's proposed antennas would cause interference with
an antenna on the existing tower, building or structure, or an antenna
on the existing tower, building or structure would cause interference
with the applicant's proposed antennas.
(d)
The fees, costs, or contractual provisions required by the owner
in order to locate on an existing tower, building or structure or
to adapt an existing tower, building or structure for sharing are
patently unreasonable. Actual, direct costs exceeding new tower design,
development, construction, and operation are presumed to be patently
unreasonable.
(e)
There are other limiting factors that render existing towers,
buildings and structures unsuitable.
3.
The locations of all existing communications towers, buildings
and structures within the applicant's search area along with competent
engineering testimony regarding the suitability of each location so
identified by the applicant in light of the design of the wireless
telecommunications network, and the alternate network designs identified
pursuant to subsection 4-9.4A1;
4.
If a suitable location on an existing tower, building or other
structure is found, but the applicant is unable to secure an agreement
to locate its equipment on such tower, building or structure, the
applicant shall provide written evidence of its attempt or attempts
to so locate.
B.
New wireless communication antennas and towers shall be located at
the lowest numbered priority location available within the applicant's
search area according to the Wireless Equipment Location Schedule
following this subsection. Without otherwise limiting the nature of
the evidence to be provided by the applicant in order to meet its
burden on this issue, the applicant shall provide to the Planning
Board the block and lot number of any parcel for which the wireless
provider has attempted to secure a lease or purchase agreement and
copies of all correspondence from and between the wireless provider
and the property owner. The failure of the applicant to present evidence
of the foregoing shall constitute a rebuttable presumption that the
applicant has not exercised its best efforts as required herein.
|
WIRELESS EQUIPMENT LOCATION SCHEDULE
| ||||
|---|---|---|---|---|
|
Priority
|
Zone
|
Equipment
|
Location
|
Permitted or Conditional
|
|
1
|
Any zone, on Branchburg Township-owned Land
|
Antenna or Tower
|
As approved by the Township Committee
|
P
|
|
2
|
Public Utility on a lot abutting Route 202 or Route 22
|
Antenna
|
On existing structure
|
P
|
|
3
|
Public Utility not on a lot abutting Route 202 or Route 22
|
Antenna
|
On existing structure
|
P
|
|
4
|
NBH, VB, R/S-1, R/S-2, OL, I-1, I-2 or O Zones on a lot abutting
Route 202 or Route 22
|
Antenna
|
Collocated with other antennas on existing structure or tower
|
P
|
|
5
|
NBH, VB, R/S-1, R/S-2, OL, I-1, I-2 or O Zones on a lot abutting
Route 202 or Route 22
|
Antenna
|
Existing structure or tower
|
P
|
|
6
|
NBH, VB, R/S-1, R/S-2, OL, I-1, I-2 or O Zones not on a lot
abutting Route 202 or Route 22
|
Antenna
|
Collocated with other antennas on existing structure or tower
|
P
|
|
7
|
NBH, VB, R/S-1, R/S-2, OL, I-1, I-2 or O Zones not on a lot
abutting Route 202 or Route 22
|
Antenna
|
Existing structure or tower
|
P
|
|
8
|
A, LD, LD/C, VR or MDR on a lot abutting Route 202 or Route
22
|
Antenna
|
Collocated with other antennas on existing structure or tower
|
C
|
|
9
|
A, LD, LD/C, VR or MDR on a lot abutting Route 202 or Route
22
|
Antenna
|
Existing structure or tower
|
C
|
|
10
|
A, LD, LD/C, VR or MDR not on a lot abutting Route 202 or Route
22
|
Antenna
|
Collocated with other antennas on existing structure or tower
|
C
|
|
11
|
A, LD, LD/C, VR or MDR not on a lot abutting Route 202 or Route
22
|
Antenna
|
Existing structure or tower
|
C
|
|
12
|
Public Utility on a lot abutting Route 202 or Route 22
|
Tower
|
Construct a tower
|
C
|
|
13
|
Public Utility not on a lot abutting Route 202 or Route 22
|
Tower
|
Construct a tower
|
C
|
|
14
|
NBH, VB, R/S-1, R/S-2, OL, I-1, I-2 and O Zones on a lot abutting
Route 202 or Route 22
|
Tower
|
Construct a tower
|
C
|
|
15
|
NBH, VB, R/S-1, R/S-2, OL, I-1, I-2 and O Zones not on a lot
abutting Route 202 or Route 22
|
Tower
|
Construct a tower
|
C
|
|
16
|
A, LD, LD/C, VR, or MDR on a lot abutting Route 202 or Route
22
|
Tower
|
Construct a tower
|
C
|
|
17
|
A, LD, LD/C, VR, or MDR not on a lot abutting Route 202 or Route
22
|
Tower
|
Construct a tower
|
C
|
[Ord. No. 2001-849 § 2]
An applicant desiring to construct a wireless telecommunications
tower which has satisfied the requirements of subsection 4-9.4 shall
also satisfy the following bulk standards:
A.
Minimum lot size: As required by the zone in which located or two
acres, whichever is larger.
C.
Minimum setback for wireless telecommunications compound from any
property line: The zone setback requirements or the tower height,
whichever is greater.
D.
Maximum height of wireless telecommunications tower (exclusive of
lightning rod) designed to accommodate:
|
3 or more vendors
|
140 feet
|
|
2 vendors
|
120 feet
|
|
Single vendor
|
100 feet
|
E.
Maximum height of attached antenna: 10 feet beyond the edge of the
building or structure to which attached.
[Ord. No. 2001-489 § 2]
B.
A report from a qualified expert certifying that the wireless telecommunications
tower and equipment facility comply with the latest structural and
wind loading requirements as set forth in the New Jersey Uniform Building
Code, as it may be updated or amended, including a description of
the number and type of antennas it is designed to accommodate.
C.
A binding, irrevocable commitment by the applicant for itself and
its successors in interest to lease excess space on the tower to any
other potential user at reasonable rates and conditions. The applicant's
counsel shall simultaneously submit a written opinion that the applicant's
commitment is enforceable by the Township. The commitment shall be
recorded prior to issuance of a building permit.
D.
A copy of the lease or deed for the property.
E.
A plan which shall reference all existing wireless telecommunications
facilities in the Township, any such facilities in the abutting towns
which provide service to areas within the Township, and any changes
known to the applicant to be proposed within the following twelve-month
period, including plans for new locations and the discontinuance or
relocation of existing facilities.
[Ord. No. 2001-849 § 2]
A.
Every wireless telecommunications tower shall be designed and constructed
so as to accommodate the equipment of at least three wireless telecommunications
service providers (the applicant's plus two co-locators).
B.
No signs shall be permitted except for a single sign not exceeding
two square feet displaying owner contact information and warnings,
equipment information, and safety instructions. No R/S-1, R/S-2, OL,
I-1, I-2, and O zones advertising shall be permitted on any wireless
telecommunications equipment.
C.
No lighting is permitted except as follows:
1.
A wireless telecommunications equipment compound may have security
and safety lighting at the entrance, provided that the light is attached
to the facility, is focused downward, and is equipped with a timer
or sensor so that the light is turned off when not needed for safety
or security purposes; and
2.
Tower lighting only as required by Federal or State regulations.
D.
Wireless telecommunications antennas and towers shall be maintained
to assure their continued structural integrity.
E.
Wireless telecommunications towers shall be painted in a color or
colors required by Federal or State regulation or as required by the
Planning Board.
F.
All towers shall be designed with anti-climbing devices in order
to prevent unauthorized access. Additional safety devices shall be
permitted or required, as needed for safety.
G.
Every new wireless telecommunications tower shall be of "monopole"
design unless the applicant can demonstrate that a different design
is necessary for the co-location of additional antennas on the tower.
Towers in public view shall employ camouflage technology.
H.
Wireless telecommunications equipment shall be operated so as not
to produce noise in excess of the limits set by Federal regulation,
State regulation, or Township ordinance.
[Ord. No. 2001-849 § 2]
A.
Every modification to a wireless communications antenna shall be
subject to site plan review and approval. A modification is a change
in the number, type, size or placement of wireless telecommunications
antennas.
B.
Operators of wireless telecommunications facilities shall notify
the Township when the use of such antennas and equipment is discontinued.
Facilities that are not in use for wireless telecommunications purposes
for six months shall be removed by the provider at its cost. This
removal shall occur within 90 days of the end of such six-month period.
Upon removal, the site shall be cleared, restored, and re-vegetated
to blend with the existing surrounding vegetation at the time of abandonment.
Site plan application fees and escrows for wireless telecommunications installations shall be as set forth in Section 7-2.
[Ord. No. 2007-1073 § 1; Ord. No. 2012-1207]
The purpose of this section is to establish a permit procedure
for outdoor dining in conjunction with existing restaurants.
[Ord. No. 2007-1073 § 1; Ord. No. 2012-1207]
As used in this section:
Shall mean the owner or operator of a restaurant.
Shall mean the serving or consumption of food or drink outside
the fully-enclosed area of a restaurant or other establishment selling
food or drink.
Shall mean any lawfully pre-existing outdoor area adjacent
to an existing restaurant where food and drink can be served, such
as a private sidewalk, deck or patio.
Shall mean a zoning permit issued pursuant to this section.
Shall mean an application for a Permit that is identical
to an approved application for the prior calendar year.
[Ord. No. 2007-1073 § 1; Ord. No. 2012-1207]
No person shall create, establish, operate, or maintain an Outdoor
Dining Area or permit Outdoor Dining except an Operator who holds
a current Permit.
[Ord. No. 2007-1073 § 1; Ord. No. 2012-1207]
A.
An Operator may apply for a Permit by submitting an application,
in duplicate, to the Zoning Officer, with a $25 non-refundable application
fee. Application forms shall be prepared by and obtained from the
Zoning Officer.
B.
The application form shall include:
1.
The name of the Operator;
2.
Home and business address, home and business telephone numbers
and name under which the Operator does or will trade;
3.
The location, size and configuration of the proposed Outdoor
Dining Area including the identification of the primary building and
all properties immediately adjacent to the subject property, including
names and addresses of the adjacent property owners;
[Amended 11-23-2020 by Ord. No. 2020-1395]
4.
A proposed layout plan, drawn to scale with applicable setbacks
and buffers (if applicable) for the zoning district depicted and clearly
illustrating the number and location of all tables, chairs, umbrellas,
garbage receptacles and other necessary furniture or storage area;
the location of any fire hydrant, plug or standpipe, utility pole
or other permanent fixture; a separation barrier from any adjacent
sidewalk area; the location of any doors leading from the restaurant
to the Outdoor Dining Area, and showing that no such doors will be
obstructed in any manner; and sufficient area permitting free passage
of pedestrian traffic around or through the Outdoor Dining Area;
[Amended 11-23-2020 by Ord. No. 2020-1395]
5.
Such other information as may be required by the application
form;
6.
A completed checklist as required by the Zoning Officer.
7.
A copy of the expanded liquor license for the premises if applicable.
[Amended 11-23-2020 by Ord. No. 2020-1395]
[Ord. No. 2007-1073 § 1; Ord. No. 2012-1207]
A.
An Outdoor Dining Area must be adjacent to and directly associated
with a permitted restaurant.
B.
The seating contained in the Outdoor Dining Area shall not be counted
in determining any parking space requirement for the retail food establishment
or restaurant use. The applicant must provide adequate parking accommodations
if overflow parking creates a public safety, health or welfare issue.
Parking adequacy and safety shall be reviewed during the permit renewal
application process.
[Amended 11-23-2020 by Ord. No. 2020-1395]
C.
The Outdoor Dining Area shall be permitted to operate only within
the licensed facility and during the hours of 7:00 a.m. to 10:00 p.m.
Sunday through Thursday and 7:00 a.m. to 11:00 p.m. Friday and Saturday.
[Amended 11-23-2020 by Ord. No. 2020-1395]
D.
Noise shall be kept at such a level as to comply in all respects
with the provisions of applicable ordinances of the Township.
[Amended 11-23-2020 by Ord. No. 2020-1395]
E.
Except for proposed Outdoor Dining Areas that are isolated and not
connected to any pedestrian area, no Permit shall be issued unless
the Operator shall demonstrate that the proposed Outdoor Dining Area
would allow for a minimum of four feet of unobstructed sidewalk surface
or delineated paved surface adjacent to the premises will be available
for pedestrian traffic around or through the Outdoor Dining Area.
F.
The
Outdoor Dining Area shall include physical barriers such as bollards,
planters or guiderails where the Area is exposed to traffic. The Outdoor
Dining Area shall be enclosed with a fence structure to enclose the
eating area and to limit the ability of litter to blow off the premises.
[Added 11-23-2020 by Ord. No. 2020-1395]
G.
The
location of the Outdoor Dining Area shall comply with all yard setback
and buffer requirements of the Township Land Development Ordinance.
[Added 11-23-2020 by Ord. No. 2020-1395]
H.
The
Outdoor Dining Area may allow the consumption of alcoholic beverages
as follows:
[Added 11-23-2020 by Ord. No. 2020-1395]
1.
A retail food establishment that does not possess a liquor license
may permit its patrons to consume only beer and wine, which is brought
to the premises, by its patrons.
2.
A retail food establishment that possesses a plenary retail consumption
license must amend their liquor license to include the outdoor seating
area in order to permit the consumption of alcoholic beverages by
its patrons.
[Ord. No. 2007-1073 § 1; Ord. No. 2012-1207; Ord.
No. 2013-1230]
A.
The Zoning Officer shall review the application for completeness
and compliance with this section.
[Amended 11-23-2020 by Ord. No. 2020-1395]
B.
When deemed complete, the Zoning Officer shall forward the Application
and attachments to the Health Officer, Police Chief, Fire Official
and Construction Official for review and comment. The Police Department,
Health Department and Fire Inspector shall have five (5) business
days to inspect and report whether unlawful or dangerous condition
currently exists or will be created by approval of the Application.
After review by all parties, the Zoning Officer may approve the Zoning
Permit Application as submitted, approve the Zoning Permit Application
with amendments, conditions, limitations or restrictions or deny the
Zoning Permit Application entirely as deemed necessary to protect
and preserve the public health, safety and welfare of the residents.
The Zoning Officer shall have the authority to waive any Application
requirements as may be deemed necessary or appropriate.
[Amended 11-23-2020 by Ord. No. 2020-1395]
C.
The Zoning Officer shall have the authority to modify or revoke a
Zoning Permit issued pursuant to this Ordinance for any violations
of the Zoning Permit or for any reason deemed necessary by the Zoning
Officer to protect and preserve the public health, safety and welfare
of the residents or the peace and quiet of residents residing adjacent
to the local food establishment, restaurant or bar.
[Amended 11-23-2020 by Ord. No. 2020-1395]
D.
Any resident or interested party may appeal a decision of the Zoning
Officer pertaining to: (1) an approval or denial of an Application
made pursuant to this Ordinance; (2) any condition, limitation or
restriction placed on a Zoning Permit issued pursuant to this Ordinance;
or (3) any decision of the Zoning Officer to modify or revoke a Zoning
Permit issued pursuant to this Ordinance. All appeals must be submitted,
in writing, to the Zoning Officer and Township Clerk. The appeals
will be scheduled for hearing before the Township Committee which
may grant or deny relief as deemed appropriate.
[Amended 11-23-2020 by Ord. No. 2020-1395]
E.
Modifications or deviations from an approved Zoning Permit issued
in accordance with this Ordinance shall not be made without the express
written consent of the Zoning Officer.
[Amended 11-23-2020 by Ord. No. 2020-1395]
F.
Every Permit shall be issued for a calendar year. All Permits shall
expire on the year anniversary of the date the permit was issued.
[Amended 11-23-2020 by Ord. No. 2020-1395]
G.
Every permit is personal to the Operator and any change or transfer
of ownership of the restaurant shall terminate the Permit and require
a new application and a new Permit to be issued.
H.
An Outdoor Dining Area for which the Operator holds a current Permit
shall be exempt from site plan approval.
[Ord. No. 2007-1073 § 1; Ord. No. 2012-1207]
Acceptance of a Permit by the Operator shall serve as a consent
to the health, fire, police and building officials of the Township
to inspect the Outdoor Dining Area for continued compliance with the
terms and conditions of this section and any federal, State, County
or local laws, ordinances or regulations affecting the same.
[Ord. No. 2007-1073 § 1; Ord. No. 2012-1207]
A.
No Permit pursuant to this section shall be granted for an Outdoor
Dining Area located in any part on any public property or right-of-way
until the Operator has filed with the Zoning Officer a statement agreeing
to indemnify and hold harmless the Township of Branchburg, its agents,
representatives or employees from any claims, damages, judgment costs
or expenses, including attorney fees, which they or any of them may
incur or be required to pay because of any personal injury, including
death, or property damage suffered by any person or persons as a result
of or related in any way to the operation and maintenance of the Outdoor
Dining Area for which the Permit was issued. Said indemnification
agreement shall be in a form acceptable to the Township Attorney.
B.
In addition, a certificate of insurance shall be submitted by the
Operator certifying that: Branchburg Township is an "Additional Named
Insured" under Comprehensive General Liability coverage with limits
of $1,000,000 per occurrence/$2,000,000 annual aggregate limit; the
Operator's insurance is primary and noncontributory; and the Township
will be given sixty-day notice in the event of cancellation or non-renewal.
[Ord. No. 2007-1073 § 1; Ord. No. 2012-1207]
A.
Each Operator shall be responsible for keeping the Outdoor Dining
Area and the adjacent area, including walkways and parking areas,
free and clear of any litter or debris occasioned by Outdoor Dining.
B.
No vending machines of any kind are permitted on the exterior of
any property on which an Outdoor Dining Area is operated.
C.
Every sign relating to an Outdoor Dining Area or associated restaurant
shall comply with Section 4-8.
D.
Within 30 minutes after closing an Outdoor Dining Area, the Operator
shall have all furniture, apparatus, decoration and appurtenances
and any other items used in connection with the operation of the Outdoor
Dining Area removed from any adjacent public or private sidewalk.
All such items shall be stored in a safe and secure interior location.
E.
[1]No tables, chairs, or other items used in conjunction with
an Outdoor Dining Area shall be attached, chained or in any manner
affixed to any tree, post, sign, curb or sidewalk or property of the
Township.
[1]
Editor's Note: Former Subsection E, regarding outdoor dining
areas in zones where single-family residences are permitted as a principal
use, was repealed 11-23-2020 by Ord. No. 2020-1395. This ordinance
also provided for the redesignation of former Subsections F and G
as Subsections E and F, respectively.
F.
Any umbrellas or awning used in connection with an Outdoor Dining
Area shall provide a minimum clearance of seven feet from the lowest
point to grade.
[Ord. No. 2007-1073 § 1; Ord. No. 2012-1207]
An Outdoor Dining Area pursuant to this section may constitute
licensed premises for the consumption of alcoholic beverages provided
that Alcohol Beverage Control permission is obtained for the extension
of the alcoholic beverage consumption license to the Outdoor Dining
Area. Such approval shall be separate from and must be obtained in
addition to a Permit pursuant to this section. Restaurants which are
not licensed to serve alcohol beverages may permit patrons to carry
and consume beer and wine only in any Outdoor Dining Area. Consumption
of alcoholic beverages in open containers at Outdoor Dining Areas
to the extent permitted by this section shall not be considered in
violation of the Township ordinances prohibiting the consumption of
alcoholic beverages from open containers.
[Ord. No. 2007-1073 § 1; Ord. No. 2012-1207]
Any person who shall violate any of the provisions of this section
shall, upon conviction, be subject to the penalties described in subsection
7-1.4.
