Editor's Note: Pursuant to Ordinance No. 2001-22, the
phrase "land use board" replaces the phrases "planning board" "zoning
board of adjustment" "zoning board" or "board of adjustment" wherever
these phrases appear in the Revised General Ordinances of the Township
of Wantage.
[Ord. #79-10]
This chapter shall be known and may be cited as the "Wantage
Township Zoning Ordinance."
The intent of this chapter is to establish a precise and detailed
plan for the use of land in the township based on the master plan
for Wantage Township and enacted in order to promote and to protect
the public health, safety, morals, comfort, convenience and the general
welfare. This chapter is intended to regulate the use of land within
zoning districts, promote orderly development, regulate intensity
of use and the location of buildings, establish standards of development,
prohibit incompatible uses, regulate the alteration of existing buildings,
limit congestion in the roads, protect against hazards, and conserve
the taxable value of land, and generally to promote the purposes of
zoning as set forth in R.S. 40:55-32.
The provisions of this chapter shall be held to be minimum requirements.
Where this chapter imposes a greater restriction than is imposed or
required by other provisions of law or by other rules or regulations
or resolutions, the provisions of this chapter shall control.
[Ord. #79-10; Ord. #84-08; Ord. #88-10; Ord. #88-18; Ord.
#89-18; Ord. #92-06; Ord. #92-08; Ord. #94-10; Ord. #97-09; Ord. #00-04;
Ord. #2003-7; Ord. #2005-16; Ord. #2006-09; Ord. #2009-05; Ord. #2009-10;
Ord. #2010-08; Ord. #2011-12; Ord. #2011-13; Ord. #2011-16]
The words "used for" includes "designed for" and vice versa:
the word "used" shall include arranged, designed, constructed, altered,
converted, rented, leased, or intended to be used: the word "building"
includes the word "structure"; the word "dwelling" includes the word
"residence": the word "shall" is mandatory and not directory.
Shall mean a use or structure customarily incidental and subordinate to the principal use of land or buildings and located on the same lot as such principal use or building. (See section 13-14.)
Shall mean the cultivation of the soil and the raising and
harvesting of the products of the soil, including but not limited
to: nursery, horticulture, forestry and animal husbandry, whether
for profit, private or personal use.
Shall mean a show involving aircraft performing maneuvers,
stunts, formation flying and the like for the entertainment or amusement
of spectators and to which event the public is invited to attend.
Shall mean a facility where aircraft or airborne vehicles,
of all types, land and take off and which may provide storage, maintenance
and fuel services for such aircraft and which, as to design, surface,
maintenance, repair and management thereof meets the minimum requirements
of, and is licensed pursuant to, R.S. 6:1-1 et seq. whether such facility
be public or private. The term "airport" shall include airstrip, airfield,
landing field, land strip, heliport, helistop and all other like facilities.
Shall mean any exterior transmitting or receiving device
mounted on a tower, building or structure, which uses the communications
that radiate or capture electromagnetic waves, digital signals, analogue
signals, radio frequencies (excluding radar signals), wireless telecommunications
signals or other communication signals. Excepted from this definition
are antennas used exclusively by ham radio operators or other residential
users.
Shall mean any public sanitary and water distribution systems
approved by the local and State board of health.
Shall mean the Planning Board or Zoning Board of Adjustment
of the Township of Wantage.
Shall mean a portion of the building partly underground,
but having less than one-half its clear height below the average grade
of the adjoining ground plus at least one means of egress directly
to the exterior of the building.
Shall mean a room planned or used primarily for sleeping.
Shall mean a person who is not related to the head of the
household and who may or may not pay for the privilege of boarding.
Shall mean any dwelling in which people, either individuals
or as families, are housed or lodged, for hire, with meals and which
contains five or less such rooms for hire.
Shall mean a strip of land containing natural woodlands,
earth mounds or other planted screening material, and separating one
kind of land use from another or separating a planned development
from any other development.
Shall mean a structure which is designed, built or occupied
as a shelter; or roofed enclosure for persons, animals, property,
or shelters, located on foundations or other supports and used for
residential, business, mercantile, storage, commercial, professional,
industrial, institutional, assembly, educational or recreational purposes.
Shall mean the vertical distance measured from the grade
at the lowest exposed surface at the base of the building to the highest
elevation of the roof.
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 or common open space.
Shall mean a public building for civic, social, educational,
cultural and recreational activities of a neighborhood or community,
including buildings used by civic, veterans, Y.M.C.A., boy scouts
or other groups of similar character.
Shall mean a building in which is conducted the main or principal
use of the lot on which the building is located.
Shall mean a portable structure, which is designed and intended
to be used as a temporary dwelling for travel, recreation or vacation
purposes. The term "camping vehicle" shall include, but not be limited
to, the following:
Travel trailer. A wheelbased vehicle built on a chassis designed
to be hauled by traction.
Pickup coach. A structure designed primarily to be mounted on
a pickup or truck chassis and for use as a temporary dwelling.
Motorized camper. A temporary dwelling designed and constructed
as an integral part of a self-propelled vehicle. (See also trailer)
Shall mean a portion of the building partly underground,
having one-half or more than one-half of its clear height below the
average grade of the adjoining ground with or without at least one
means of egress directly to the exterior of the building.
Shall mean flue or flues that carry exhaust from an outdoor
wood furnace firebox or burn chamber and release it into the air above
the furnace.
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.
Shall mean areas to be developed as a single entity according
to a plan containing residential housing, which have a common or public
open space as an appurtenance.
Shall mean any cars, trucks, motorcycles or other motorized
vehicle which are collected for recreational, hobby, or investment
purposes, including antique cars and trucks, military vehicles, collector's
cars and collector's motorcycles.
Shall mean the use of a common wireless telecommunications
tower or a common structure, by two or more wireless service providers
or by one wireless service provider for more than one type of communications
technology and/or the placement of a wireless telecommunications antenna
on a structure owned or operated by a public utility or other public
entity.
See Recreation, Commercial.
Shall mean a building for both commercial and residential
purposes provided no more than 40% of the first floor area is used
for commercial purpose.
Shall mean a parcel or parcels of land or an area of water,
or a combination of land and water, within the site designed and intended
for the use or enjoyment of residents and owners of the development
and/or community. Common open space may contain such complementary
structures and improvements as are necessary and appropriate for the
benefit and enjoyment of residents and owners of the development,
as permitted.
Shall mean a vertical wall and/or horizontal separation forming
a structural part of two buildings or of two separately owned and/or
rented units in the same building.
Shall mean ownership of two or more contiguous parcels of
real property by the same person or persons.
Shall mean any community residential facility licensed pursuant
to N.J.S.A. 30:11B-1 et seq. providing food, shelter and personal
guidance under such supervision as required, to more than six but
not more than 15 developmentally disabled or mentally ill persons
who require assistance temporarily or permanently in order to live
in the community, and shall include but not be limited to: group homes,
halfway houses, intermediate care facilities, supervised apartment
living arrangements, and hostels.
Shall mean any shelter approved for a purchase of service
contract and certified pursuant to standards and procedures established
by regulation of the Department of Human Services pursuant to N.J.S.A.
30:40-1.14 providing food, shelter, medical care, legal assistance,
personal guidance and other services to more than six but not more
than 15 persons who have been victims of domestic violence, including
any children of such victims who temporarily require shelter and assistance
in order to protect their physical or psychological welfare.
Shall mean a use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use, as contained in the zoning ordinance, and upon the issuance of an authorization therefor by the planning board, as outlined in section 13-24 of this chapter.
Shall mean a parcel, plot or area of land abutting a public
street complying with the minimum requirements of R.S. 40:55D-35,
exclusive of any area within such public street, whose area is sufficient
to provide the yard, space and setback requirements and the minimum
area requirement for the zone district in which it is located and
complying with all other minimum requirements for said district, as
required by this chapter.
Shall mean the minimum contiguous area within a lot consisting
of land suitable for construction of a principal and accessory buildings
and structures, excluding environmentally sensitive areas as defined
and designated in this chapter.
Shall mean a lot at the junction of, and having frontage
on, two or more intersecting streets.
Shall mean the portion of a site, expressed as a percentage,
covered by impervious materials.
Shall mean any part of the territory of Wantage Township to which certain uniform regulations and requirements of this chapter apply. (See section 13-3.)
Shall mean the lands required for the installation of stormwater
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 R.S. 58:1-1 to 58:1-34.
Shall mean a building or part thereof having cooking, sleeping
and sanitary facilities for one family.
Shall mean a building designed or used as a residence of
three or more dwelling units, garden apartments, condominiums and
cooperatives, however, not exceeding two stories in height.
Shall mean a building occupied or intended to be occupied
for residence purposes by one family.
Shall mean a dwelling in an apartment consisting of a bath,
one large room without permanent separations to be used for living,
dining and bedroom facilities with cooking facilities separated from
the main room by a permanent wall or sliding or some other temporary
partition.
Shall mean the Phase 2 Program administered by the United
States Environmental Protection Agency and that has a particulate
matter emission limit of 0.32 pounds per million British Thermal Units
(BTU) output and is labeled accordingly.
Shall mean outdoor hydronic heater that has been EPA OHH
Phase 2 Program qualified. The model has met the EPA OHH Phase 2 emission
level and is labeled accordingly.
Shall mean EPA Outdoor Wood-Fired Hydronic Heater (OWHH)
Phase 1 Program administered by the United States Environmental Protection
Agency and that has a particulate matter emission limit of 0.60 pounds
per million British Thermal Units input and is labeled accordingly.
Shall mean an outdoor wood-fired hydronic heater that has
been EPA OWHH Phase 1 Program qualified. The model has met the EPA
OWHH Phase 1 emission level and is labeled accordingly.
Shall mean an outdoor wood furnace that was purchased and installed prior to the effective date of subsection 13-14.7, adopted December 8, 2011 and has been issued the certificate of occupancy (CO). The furnaces shall at a minimum meet EPA and NJDEP air emission requirements.
Shall mean a group of individuals not necessarily related
by blood, marriage, adoption or guardianship living together in a
dwelling unit as a common housekeeping unit under a common housekeeping
management plan based on an intentionally structured relationship
providing organization, permanence and stability.
Shall mean a parcel of land of five or more productive acres
used for agriculture, forestry, horticulture, floriculture or animal
husbandry of domestic livestock.
Shall mean a structure of wood, metal, stone, masonry or
other material and shall also include barriers formed by living vegetation.
Shall mean the area of all floors computed by using the dimensions
of the outside walls of each floor of a building. Only those areas
having five feet or more clear head room with completed floors, ceilings
and partitions may be considered in computing floor area and at least
one-half of the included floor area shall have a minimum ceiling height
of seven foot six inches. Cellars, porches, balconies, patios, terraces,
breezeways, carports, verandas and garages are excluded; except that
enclosed porches and patios which are heated and used year round may
be counted in computing the floor area, provided the walls, ceilings,
foundation, etc., are the same as required for the remaining structure.
Shall mean a detached accessory building or portion of the
principal building for the parking or temporary storage of automobiles
of the occupants of the principal building to which the garage is
accessory.
Shall mean a large scale development to be constructed by
a single owner or a group of owners acting jointly, planned as an
entity and consisting of not less than 30 dwelling units and therefore
susceptible to development and regulation as a complex land use unit,
as distinguished from an aggregation of individual buildings or unit
group buildings located on separate unrelated lots.
Shall mean multi-family dwellings with five or more dwelling
units and not exceeding 35 feet in height, and includes buildings
so designed that not more than two apartments are served by a common
entry.
See Floor Area.
Shall mean any room except those used for kitchen, bath or
utility purposes.
When referring to a tower or a lawful structure shall mean
the distance measured from the lowest finished grade of the parcel
to the highest point on the tower or other structure including the
base pad and any antennas. The height of the tower shall not include
a lightning rod.
Shall mean any occupation for gain or support conducted by
members of the family residing in a dwelling unit, and conducted solely
within the dwelling unit or accessory building, such as, by way of
illustration: dress making, millinery, home baking and the like.
Shall mean a duly incorporated organization composed of all
owners of property in a development.
Shall mean an institution where the ill or injured may receive
medical, surgical, or psychiatric treatment and including nursing,
food and lodging during illness.
Shall mean a lot and/or structure used or intended to be
used for the conducting and operating of the business of selling,
buying, storing or trading in used or discarded metal, glass, paper,
bags, cordage or any used or disabled fixtures, vehicles or equipment
of any kind.
Shall mean a business devoted to the boarding, care or breeding
of dogs and cats.
Shall mean an off-street space or berth on the same lot with
a building or contiguous to a group of buildings, for the temporary
parking of a commercial vehicle while loading or unloading merchandise
or material.
Shall mean a plan prepared by the owner of the property,
installer or other qualified professional showing the proposed location
of the outdoor wood furnace in relation to other structures on the
property and structures on adjacent properties. The most recent survey
for the property should be used and indicate all structures on the
owner's property. The site plan shall indicate the location of the
furnace and height of the chimney. The plan shall indicate the distance
from the outdoor wood furnace to all structures on the subject property
and all structures on adjacent properties or those within 500 feet
of the outdoor wood furnace. The roof heights of the structures on
the subject property and those on adjacent properties shall also be
provided. Changes in elevation of 30 feet or higher within 200 feet
of the outdoor wood furnace, such as ridgelines, hilltops, and tree
lines, shall be indicated on the plan.
Shall mean a parcel, plot or area of land, legally established,
with precise boundaries determinable from a deed description or map
filed in the office of the County Clerk.
Shall mean the total area included within the lot lines.
Where the property line extends to the center of a street and the
street right-of-way width has not been determined, the area of a lot
for the purpose of this chapter shall not include land within 25 feet
of the center line of the street. Where a right-of-way width is shown
on either a subdivision map, or official map of the State, county
or municipality, the area of the lot shall not include any portion
of the actual or proposed right-of-way.
Shall mean the horizontal distance between the front and
rear lot lines measured along the median between the two side lot
lines.
Shall mean a lot other than a corner lot.
Shall mean the legal boundaries of a lot.
Shall mean the horizontal distance between the side lot lines,
measured at the street line.
Means a solar or photovoltaic system consisting of panel
arrays either mounted to a structure(s) or ground arrays and associated
conversion electronics which is designed either for onsite or the
sale of electrical energy. For the purposes of this chapter, a major
solar energy system is any system covering one or more acres of land.
Means a solar or photovoltaic system consisting of panel
arrays either mounted to a structure(s) or ground arrays and associated
conversion electronics which is designed primarily for on-site use.
For the purposes of this chapter, a minor solar energy system is any
system covering less than one acre of land.
Shall mean a single-family dwelling, having no permanent
foundation, designed and constructed to be transported on its own
wheels by traction to a site, capable of being relocated to another
site, and not normally designed and constructed to comply with the
requirements of the building code for a conventional structure. (See
Trailer).
Shall mean a building which contains living or sleeping accommodations
for transient occupancy and has individual outside entrances to each
unit.
Shall mean a structure or facility designed and constructed
for residential occupation but not necessarily to comply with building
code requirements for conventional residential construction, which
may be transported to the site upon which it is to be used as a unit
or as sections, comprising one or more rooms capable of being assembled
to form a dwelling which is designed and constructed so as to be and
capable of being relocated; provided this shall not be construed to
include houses which were originally erected on one location and permanently
to the freehold before being moved, or modular homes. (See Trailer).
One or more buildings with a maximum height of three stories
containing three or more residential dwelling units, including units
that are located one over another.
[Added 6-24-2021 by Ord.
No. 2021-12]
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 materials found to exist naturally and/or have
undergone minor modification, reduction or alloying by man; which
can be reused (recycled) or are biodegradable. Such materials would
include wood, stone, brick, rapid oxidizing metals such as iron, recyclable
metals and minerals such as copper and glass and some alloys such
as tins, bronze and brass. Plastics, polyvinyl chlorides, special
polymers, aluminum, chromium, special steels and other exotic manmade
or highly refined materials are specifically and generally excluded.
Shall mean wood, which has not been painted, varnished or
coated with a similar material, has not been pressure treated with
preservatives and does not contain resins or glues as in plywood or
other composite wood products.
Shall mean an outdoor wood furnace that is first installed, established or constructed after the effective date of subsection 13-14.7, adopted December 8, 2011. All new furnaces shall meet or be more limiting in air emissions than the EPA OHH Phase 2 Program requirements and shall be in compliance with NJDEP air emission requirements.
Shall mean a building or structure or use lawfully existing
at the time of enactment of this chapter, or subsequent amendments,
thereto that does not conform to the regulations of this chapter for
the zone in which it is located.
Shall mean a lot or parcel which does not have the minimum
width or contain the minimum lot area for the zone in which it is
located.
Shall mean an offensive, annoying, unpleasant or obnoxious
thing or practice, a cause or source of annoyance, especially a continuing
or repeating invasion or disturbance of another's rights; including
the actual or potential emanation of any physical characteristics,
activity or use across a property line, which can be perceived by
or affect a human being of ordinary sensibility.
Shall mean a sign which advertises a business which is not
conducted or a product which is not sold on the lot where the sign
is located.
Shall mean any parcel or area of land or water essentially
unimproved and set aside, dedicated, designated, or received for public
or private use.
Shall mean any equipment, device, appliance or apparatus,
or any part thereof, which is installed, affixed or situated outdoors
and is primarily hand loaded for the purpose of combustion of fuel
to produce heat or energy used as a component of a heating system
providing heat for any interior space or water source. An outdoor
wood furnace may also be referred to as an outdoor wood boiler, outdoor
wood-fired hydronic heater or outdoor hydronic heater.
Shall mean an outdoor wood-pellet furnace that is specifically
designed to burn wood pellet fuel, corn, or other biomass pellets
with metered fuel and air feed and controlled combustion engineering,
which burns only wood pellets, corn or other biomass pellets.
Shall mean an open area, other than a street, for the same
uses as a private garage.
Shall mean a paved open area, other than a street or other
public way, used for the parking of automobiles and available to the
public whether for a fee, free or an accommodation for clients or
customers.
Shall mean an off-street space for the parking of one motor
vehicle. Such parking space shall have an area of not less than 200
square feet, exclusive of access drives or aisles, excepting in a
residential area, there shall be a minimum of 10 feet in width measured
perpendicular to the axis of the length, and shall have adequate provision
for ingress and egress.
Shall mean a cleared way for pedestrians and/or bicycles
to travel which may or may not be paved.
Shall mean any building or structure with foundation walls
or footings that support the aboveground elements and which cannot
easily or conveniently be removed therefrom.
Shall mean all persons, or authorized representatives, planning to install an outdoor wood furnace shall obtain a permit from the building department and submit required documentation in accordance with subsection 13-14.7. This permit shall be in addition to any other permits, such as plumbing, electrical, and other subcode permits and fees, as required by the building department. A permit shall be obtained prior to operation, as defined by burning of fuel, connection of electric, and connection of plumbing. A permit shall also be obtained prior to operating an outdoor wood furnace following a transfer or sale of property at which the furnace is located.
Shall mean any use of the land as permitted according to
this chapter.
Shall mean any tower or antenna for which a building permit
has been properly issued prior to the effective date of this ordinance,[1] including permitted towers or antennas that have not yet
been constructed so long as such approval is current and not expired.
Shall mean a structure arranged, adapted 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 business carried on by a physician, surgeon,
dentist, minister, architect, engineer, attorney, optometrist, accountant,
veterinarian, planner or similar professional person.
Shall mean the office of a physician, surgeon, dentist, minister,
architect, engineer, surveyor, attorney, optometrist, accountant,
veterinarian, planner or similar professional person.
Shall mean a building which is owned and/or used by a governmental
agency.
Shall mean a use by a public or nonprofit, quasi-public or
private institution for educational, religious, charitable or civic
purposes.
Shall mean a conceptual development plan that depicts a conventional
subdivision of the tract, utilizing the traditional development option
as defined in subsection 13-5.5a.1, and taking into consideration
environmental constraints, access, building envelope and other factors
typically considered for a subdivision plat.
Shall mean open space devoted to outdoor recreational activities.
Shall mean facilities of a recreational nature such as tennis
centers, riding stables or academies, ice skating rinks, bowling alleys,
swimming pools or miniature golf courses, which uses are operated
for profit and open to the public, and country clubs and swimming
clubs.
Shall mean a building or structure having the appearance
of a single-family residence generally similar to single-family residences
classes 15 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.
Shall mean any establishment, however designated, at which
food is sold for consumption on the premises. However, a snack bar
or refreshment stand at a public or community swimming pool, playground,
playfield or park, operated solely by the agency or group operating
the recreational facility, and for the sole convenience of patrons
of the facility, shall not be deemed to be a restaurant.
Shall mean a restaurant at which any food or refreshments
are customarily served to or consumed by any patrons while seated
in automobiles, regardless of whether or not, in addition thereto,
seats or other accommodations are provided for patrons.
Shall mean the highest elevation of a mountain chain or line
of hills.
Shall mean the land and space required on the surface, a
subsurface, and overhead for the construction and installation of
materials, necessary to provide passageway for vehicular traffic,
pedestrians, utility lines, poles, conduits and mains, signs, hydrants,
trees and shrubbery and the proper amount of light and air established
by local authorities.
Shall mean an open or covered structure of permanent or temporary
construction which fronts on a public street located on land which
is owned or leased by the operator for the purposes of direct-to-consumer
commodity sales.
Shall mean housing facilities erected wherein permanent residents
must be at least 55 years of age, except that the spouse or an immediate
member of the family, other than a child of said permanent resident,
or a live-in domestic, companion or nurse, may be a permanent resident
regardless of his or her age. A maximum of one child, age 18 or older,
may also reside as a permanent resident with his or her parent or
parents. In no event, however, shall there be more than three permanent
residents in any one residential dwelling unit.
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 a line drawn parallel to a street line or lot
line and drawn through the point of a building nearest to the street
line or lot line.
Shall mean one or more buildings or parts thereof designed
as a unit, to be occupied by one or more business enterprises for
the conduct of business, and conducted as an integrated and cohesively
planned area development.
Shall mean a structure designed for occupancy by one family.
Not more than two roomers or boarders may occupy such a structure.
Shall mean a separate area containing separate sanitary facilities
and/or cooking facilities.
Shall mean ownership by one person, or ownership by two or
more persons jointly as joint tenants, as tenants by the entirety
or as tenants in common of a separate lot not adjacent to land in
the same ownership.
Shall mean a plan of a lot or subdivision on which is shown
topography location of all buildings, structures, roads, rights-of-way,
boundaries, all essential dimensions and bearings, and any other information
deemed necessary by the zoning board and/or planning board in unusual
or special cases. (See Site Plan Chapter).
Shall mean a wind energy system relying upon a wind turbine
to generate electricity, and has a nameplate capacity of 100 kilowatts
or less.
Shall mean a structure containing one or more photovoltaic
receptive cells, the purpose of which is to convert solar energy into
a usable electrical energy by way of a solar energy system.
Means manmade trees, clock towers, 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 that portion of a structure included between the
surface of a floor and the surface of the next floor above it, or
if there is no floor above it, then the space between the floor and
the ceiling next above it.
Shall mean any public or private right-of-way commonly used
by the public for motor vehicle movement and which is approved for
purposes of issuing building permits.
Shall mean the line which separates the publicly owned or
controlled street right-of-way from the private property which abuts
upon said street, as distinct from a sidewalk line, curbline or edge
of pavement line.
Shall mean anything constructed or erected which requires
permanent location on or under the ground or attachment to something
having such permanent location including fences, tanks, towers, advertising
devices or similar structures.
Shall mean a self-contained independent dwelling unit attached
by common wall between it and any adjacent unit or units extending
from the basement to the roof and providing at least two means of
access to the outside.
Shall mean a wheel-based 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. For the purposes of this chapter, trailers shall be considered
buildings and are intended to be regulated as such, where trailers
are permitted. The regulations of this chapter that apply to trailers
shall also apply to the following vehicles as herein defined below:
Camping vehicle.
Travel trailer. A vehicular, portable structure built on a chassis,
designed to be used as a temporary dwelling for travel, recreational
and vacation uses and when factory equipped for the road.
Pickup coach. A 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 home. A portable dwelling designed and constructed
as an integral part of a self-propelled vehicle.
Mobile home.
Movable home.
Boat trailer. A trailer designed for the purpose of transporting
a boat overland.
Horse trailer. A trailer designed for the purpose of transporting
horses or animals overland.
Tent trailer. A 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.
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,
and which also may contain facilities for dispensing motor fuels.
Shall mean the specific purpose for which land or building
is designed, arranged, intended, or for which it is or may be occupied
or maintained.
Shall mean the board of adjustment's authorized departure
from the terms of this chapter.
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 equipment that converts energy from wind into
electricity. This term includes the support pole, rotor, blades and
associated mechanical and electrical conversion components necessary
to generate, store and/or transfer energy.
Shall mean equipment that converts energy from wind into
electricity. This term includes the support pole, rotor, blades and
associated mechanical and electrical conversion components necessary
to generate, store and/or transfer energy.
Shall mean an antenna mounted on a telecommunications tower
or other structure.
Shall mean the accessory structures or uses serving a wireless
telecommunications site such as equipment sheds and fences.
Shall mean the area in which a tower and/or antenna and facilities
are located.
Shall mean a freestanding, vertical structure designed to
support one or more wireless telecommunications antennas. This definition
shall not apply to amateur or ham radio towers.
Shall mean an open space, extending across the full width
of the lot and lying between the street line and the setback line.
The depth of the front yard shall be measured at right angles to the
street line of the lot.
Shall mean an open space extending the full width of the
lot between the main building and the rear lot line. The depth of
the rear yard shall be measured from the nearest part of the main
building toward the nearest point of the rear lot line and at right
angles to the rear lot line.
Shall mean an open space extending from the front yard to
the rear yard between the main building and the side lot line. The
width of the required side yard shall be measured at right angles
from the nearest point on the side lot line toward the nearest part
of the main building.
(See District).
Shall mean a permit issued by the zoning officer in accordance with subsection 13-25.4 of this chapter.
[1]
Editor's Note: Ordinance No. 2000-04, adopted 9/28/00
[Ord. #79-10]
[Ord. No. 79-10; Ord. No. 86-19, Ord. No.
92-08, Ord. No. 2003-7, Ord. No. 2004-11, Ord. No. 2006-09, Ord. No. 2006-16; Ord. No. 2010-14; Ord. No. 2014-16 § 1]
For the purpose of this chapter Wantage Township is hereby divided
into use districts as follows:
|
Symbol
|
Name
|
|---|---|
|
PSC-B
|
Planned Small Community — Beemerville
|
|
PSC-C
|
Planned Small Community — Colesville
|
|
PSC-MC
|
Planned Small Community — McCoy's Corner
|
|
RE-5
|
Residential Environs Residential District — 5 acre
|
|
R-2
|
Residential Single-family — 15,000 square feet
|
|
M-R
|
Multiple Family Residential
|
|
RC
|
Residential Commercial
|
|
NC
|
Neighborhood Commercial
|
|
HC
|
Highway Commercial
|
|
PCD
|
Planned Commercial Development
|
|
SVD
|
Shopping Village Development
|
|
LI
|
Limited Industrial
|
|
I
|
Industrial
|
|
AH
|
Airport Hazard
|
|
WED
|
Wantage Economic Development
|
|
ML
|
Mount Laurel
|
[Ord. No. 79-10; Ord. No. 86-19 § 2; Ord. No. 90-02; Ord. No. 92-06 § 14; Ord. No. 92-08 § 3; Ord. No. 96-06 § 1; Ord. No. 2003-07 § 3; Ord. No. 2004-11 § 2; Ord. No. 2006-09 § 2; Ord. No. 2006-16 § 2; Ord. No. 2010-14 § 2; Ord. No. 2014-16 § 2; amended 12-14-2023 by Ord. No. 2023-12]
a.
Map Adopted. The boundaries of the Zone Districts described in subsection 13-3.1 are hereby established as shown on a map entitled "Zoning Map of the Township of Wantage" last revised October 26, 2023, prepared by Harold E. Pellow & Associates, and adopted by Ord. No. 2023-12, which map accompanied and was declared to be part of this chapter as amended from time to time by ordinance and now the attached October 26, 2023 revision to said map is herewith made a part of this section.
The Zoning Map is included as an attachment to this chapter.
[Beginning in 2006: Ord. No. 2006-09; Ord. No. 2006-16; Ord. No. 2010-14; Ord.
No. 2014-16; amended map adopted 12-14-2023 by Ord. No.
2023-12]
b.
Amendments to zoning map.
Beginning at an iron pipe found at the common back corner of
Tax Lots 10 and 11, Block 14 as shown on the current Wantage Township
Tax Map. Said iron pipe is at an angle point in the zone line between
the highway commercial zone and the residential zone as shown on the
Wantage Township Zoning Map.
Said iron pipe also marks the sixth corner of a 43.628 acre
tract of land conveyed by Helen E. Sprague and others to Robert J.
Mankovich and Shirley Mankovich, his wife, by deed dated November
7, 1969 and recorded in the Sussex County Clerk's Office in Deed Book
861, Page 899, etc. Thence running from said beginning along a new
division line through lands of said Mankovich, north 35°, 54 minutes
30 seconds west 544.59 feet to a point in the division line between
lands of said Mankovich and lands of Theodore Holbert said point being
distant 367.11 feet on a bearing of south 28°, 27 minutes, 30
seconds west from the common front corner of Tax Lots 13A and 15,
Block 14 as shown on the current Wantage Township Tax Map.
It is intended that all lands owned by said Mankovich lying
on the southeasterly side of the above described line become a part
of the highway commercial zone.
The municipal clerk is hereby directed to give notice at least
10 days prior to the hearing and adoption of this ordinance to the
county planning board and all others entitled thereto, pursuant to
the provisions of N.J.S.A. 40: 55D-15. Upon adoption of this ordinance
after public hearing thereon, the municipal clerk is further directed
to publish notice of the passage thereof, and file a copy of this
ordinance as finally adopted with the Sussex County Planning Board
as required by N.J.S.A. 40:55D-16.
c.
Pursuant to the Air Safety and Hazardous Zoning Act of 1983, P.L.
1983, c. 260, N.J.S.A. 6: 1-80 et seq., and N.J.A.C. 16:62-1.1 et
seq., there is hereby established an airport hazard zone district
on the zoning map of the Township of Wantage. The airport hazard district
consists of a runway subzone and two runway end zones. The shape of
this zone district and the subzones are shown on the zoning map of
the Township of Wantage.
d.
Along the westerly side of State Route 23 from its intersection with
Cemetery Road to County Route 565 for a depth of feet in a westerly
direction from the westerly right-of-way line of State Route 23.
e.
Lots 2, and 4.01, all in Block 53, and situate between Smith Road
and Sherman Ridge Road currently designated highway commercial shall
be changed to R-1.
f.
Ord. No. 2003-07: The Zoning Map shall be revised to rename the R-1
Zone to Residential Environs District (RE).
g.
Ord. No. 2004-11: The Zoning Map shall be revised to rename the Residential
Environs District to Residential Environs District 5 (RE-5).
h.
Ord. No. 2023-12: Amends the zoning designation and Zoning Map to
rezone Lots 1.01, 2.01, 2.02, 2.03 And 2.04 in Block 10 and Lots 4,
5, 5.01, 5.02, 7 and 24 and a portion of Lot 10 in Block 11 from various
Zoning Districts to the Zoning District known as PCD, Planned Commercial
Development.
[1]
Editor's Note: The redevelopment plans may be found in Code
Appendix C.
District boundary lines are intended to follow street center
lines and lot or property lines as they exist on January 1979 unless
otherwise indicated by dimensions on the zoning map. The exact location
of any disputed district boundary line shall be determined by the
board of adjustment.
Where a vacated right-of-way is bounded on either side by more
than one district, the former center line of such right-of-way shall
become the new district line.
[Ord. #79-10; Ord. #2006-08]
The restrictions and controls intended to regulate development
in each zoning district are set forth in the attached schedule of
standards and supplemented by other sections of this chapter. The
schedule of standards comprises a list of permitted principal and
accessory uses, as well as height limitations, area and yard requirements,
special permitted uses, planned developments, parking and loading
and sign requirements. No building shall hereafter be erected, altered,
converted or enlarged, wholly or in part, except in conformity with
the schedule of standards of this chapter.
The intent of the township committee to enact this ordinance
is to:
a.
Preserve the township's natural resources and ecological balance
within the context of permitting appropriate development based on
sound planning and engineering principles by utilizing resource and
conservation information.
b.
Maintain the rural character of Wantage Township.
c.
Maintain a sound fiscal balance by managing residential and commercial
growth.
d.
Preserve the farmland around the existing concentration of protected
farms to support the farm economy and to enhance the rural character
of Wantage Township.
|
Illustration #1
|
Space Farms. Beernerville, Wantage Township, NJ
|
|
Illustration #2
|
Majestic rolling hills, forests, farm fields and lakes form
the rural landscape. Wantage Township, NJ[2]
|
[2]
Editor's Note: The illustrations referred to herein may be
found on file in the office of the township clerk.
e.
Maintain existing and establish new community and recreation facilities
and services to ensure a high quality of life for current and future
residents.
f.
Establish appropriate land uses around the existing center of Sussex
Borough to enhance the local retail, office and service uses of the
region for the citizens of Wantage.
g.
Re-establish the existing hamlets to provide convenient neighborhood
retail and service uses to the local residents.
h.
Provide a range of housing types for residents of all ages and income
levels with higher density and new affordable housing in "planned
small community centers."
|
Illustration #3
|
Mixed housing types in a village setting. Doylestown, PA[3]
|
[3]
Editor's Note: The illustration referred to herein may be
found on file in the office of the township clerk.
i.
Encourage transportation improvements in the existing development
corridors to develop gateways into Wantage to enhance the character
and to permit the free flow traffic and to reduce congestion.
j.
Promote the conservation and the utilization of the historic resources
of the township.
k.
Reduce the excessive sprawl of development and the segregation of
land uses that results in the inefficient use of land and energy resources
creating dependency on the private automobile for transportation.
Refer to Illustrations #4, #5 and #6.
|
Illustration #4
|
Sprawl development an example of an out-dated single commercial
use with a vast parking area. Wyckoff. NJ[4]
|
|
Illustration #5
|
Sprawl development consisting of strip malls and single commercial
uses with multiple curb cuts on major roadways results in traffic
congestion and an inefficient use of the land. State Highway 23 -
Riverdale, NJ[5]
|
|
Illustration #6
|
Isolated commercial development requiring the use of the automobile,
which adds to congestion. State Highway 15 - Lafayette, NJ[6]
|
[4]
Editor's Note: The illustrations referred to herein may be
found on file in the office of the township clerk.
[5]
Editor's Note: The illustrations referred to herein may be
found on file in the office of the township clerk.
[6]
Editor's Note: The illustrations referred to herein may be
found on file in the office of the township clerk.
l.
Discourage
generic modern single-family subdivision development with no relationship
to the natural environment and historic development pattern of Sussex
County and New Jersey. Refer to Illustrations #7 and
|
Illustration #7
|
An example of modern single-family large lot subdivisions constructed
on productive farmland. Leap frog development patterns through the
rural landscape establishes isolated developments destroying the rural
landscape. Wantage, NJ[7]
|
|
Illustration #8
|
Single-family development on visible steep sloped land with
no natural landscape or forested areas eliminates the desired rural
character. Wantage. NJ[8]
|
m.
Promote the establishment of new neighborhoods and mixed-use developments
that are consistent with traditional neighborhoods, hamlets and villages
in New Jersey. Refer to Illustrations #9, #10, #11, #12, #13, #14,
#15 and #16.
|
Illustration #9
|
Architectural focal point of a traditional Town Center Village
with mix of 1st floor retail, 2nd floor office and 3rd floor apartments.
Ridgewood, NJ[9]
|
|
Illustration #10
|
Pedestrian oriented streetscape with a mix of office, retail
and apartments on second floor. Ridgewood, NJ[10]
|
|
Illustration #11
|
Mixed-use neighborhood with distinct pedestrian oriented streetscape.
Abbey Road London, England[11]
|
[9]
Editor's Note: The illustrations referred to herein may be
found on file in the office of the township clerk.
[10]
Editor's Note: The illustrations referred to herein may be
found on file in the office of the township clerk.
[11]
Editor's Note: The illustrations referred to herein may be
found on file in the office of the township clerk.
n.
Promote and require mixed-use developments with a variety of housing
types, range of lot sizes, and mix-used structures with apartments
over office and retail uses that surround a village green, related
site amenities and community facilities. Refer to Illustrations #12,
#13, #14, #15 and #16.
|
Illustration #12
|
Mixed-use building with retail on first floor and apartments
on the 2nd and 3rd floors adjacent to public transportation. Ridgewood.
NJ[12]
|
|
Illustration #13
|
Mixed use building with office on the ground floor, office on
the 1st floor and apartments on the 2nd floor Sparta, NJ[13]
|
|
Illustration #14
|
Village green with retail, office and NJ Transit bus station.
Midland Park, NJ[14]
|
|
Illustration #15
|
Community park and streetscape amenities in the core of the
village center. Ridgewood, NJ[15]
|
|
Illustration #16
|
Village Green bordered by mixed-use development. Source: State
Plan 2001[16]
|
[12]
Editor's Note: The illustrations referred to herein may be
found on file in the office of the township clerk.
[13]
Editor's Note: The illustrations referred to herein may be
found on file in the office of the township clerk.
[14]
Editor's Note: The illustrations referred to herein may be
found on file in the office of the township clerk.
[15]
Editor's Note: The illustrations referred to herein may be
found on file in the office of the township clerk.
[16]
Editor's Note: The illustrations referred to herein may be
found on file in the office of the township clerk.
o.
Require developments to be physically, visually and spatially consistent with the community design standards for site plan, architectural design and landscape design found in section 13-13A. The development shall result into a coherent overall development pattern with a unified landscape and streetscape.
p.
Prohibit strip and single use commercial and residential development
on large vacant tracts of 10 acres or more.
[1]
Editor's Note: The illustrations referred to herein may be
found on file in the office of the township clerk.
The purpose of the Beemerville Hamlet is to focus on agrotourism
with support commercial retail and service uses and a modest amount
of clustered housing to preserve the adjacent farmland. The farm economy
and character are important to incorporate into the Beemerville Hamlet
Center to maintain and revitalize agro-business and tourism opportunities
in Wantage Township. The proposed farmland if preserved within the
hamlet should be deed restricted to permit only farming activities
consistent with Right to Farm legislation.
a.
Principal permitted uses. The following uses shall be permitted in
the Beemerville Planned Hamlet. A mix of uses and multiple uses in
the same structure or in several structures on the same lot are permitted.
1.
Retail uses including farmers market, groceries, delicatessen and
meat market, drug stores, gift shops, liquor stores, restaurants and
taverns, stationary stores, bookstores and other similar uses as determined
by the land use board.
2.
Retail service uses including hair salons, barbershops, shoe repair,
dry cleaners, laundromats and other similar uses as determined by
the land use board.
3.
Professional uses including banks, accountants, physicians, dentists,
lawyers, architects, planners, engineers, financial planners or other
related professional uses, real estate and insurance brokers.
4.
Apartments on the second floor of commercial buildings except dry
cleaning establishments, gasoline service stations or other uses as
determined by the land use board. Growth share shall apply.
5.
Agricultural uses including zoos and farm stands.
6.
Residential uses based on a gross density of one housing unit per
one acre. Permitted housing types include single-family, patio homes,
duplexes and triplexes. Mandatory Affordable housing set aside of
12.5% is required. Open space requirement dedicated to a farm use
shall be 50% of the farm tract.
b.
Accessory uses. Garages, parking lots, garden sheds, decks, patios
and other similar accessory uses as determined by the land use board.
c.
Bulk requirements. The requirements are minimum and shall be varied
to establish a neighborhood character consistent with the Small Community
Village Design Standards and the Sussex County Strategic Growth Plan.
1.
Commercial lot size shall be a minimum of 20,000 square feet.
2.
Residential lot size shall be a minimum of 12,000 square feet for
a single-family structure and 20,000 for a two or three-unit structure.
3.
Building height shall not exceed 40 feet.
4.
Minimum lot width shall be 75 feet.
5.
Minimum side yard shall be 10 feet.
6.
Minimum front yard setback shall be a minimum of 22 feet with a maximum
of 35 feet. Homes adjacent to each other must vary the front building
setback a minimum of five feet.
7.
Minimum rear yard shall be 30 feet.
8.
Maximum lot coverage shall not exceed 50%.
The purpose of the Colesville Hamlet is to build on the existing
retail business uses by promoting a mixed use shopping village atmosphere
focusing on tourism and local services. Housing opportunities shall
be incorporated to promote activity during all seasons. The development
shall be concentrated, preserving a significant portion of the forested
areas to retain the existing rural character.
a.
Principal permitted uses. The following uses shall be permitted in
the Colesville Planned Hamlet. A mix of uses and multiple uses in
the same structure or in several structures on the same lot are permitted.
1.
Retail uses including farmers market, groceries, delicatessen and
meat market, drug stores, gift shops, liquor stores, restaurants and
taverns, stationary stores, bookstores and other similar uses as determined
by the land use board.
2.
Retail service uses including hair salons, barbershops, shoe repair,
dry cleaners, laundromats and other similar uses as determined by
the land use board.
3.
Professional uses including banks, accountants, physicians, dentists,
lawyers, architects, planners, engineers, financial planners or other
related professional uses, real estate and insurance brokers.
4.
Apartments on the second floor of commercial buildings except dry
cleaning establishments, gasoline service stations or other uses as
determined by the land use board. Growth share shall apply.
5.
Residential uses based on a gross density of one housing unit per
one acre. Permitted housing types include single-family, patio homes,
duplexes and triplexes. Mandatory affordable housing set aside of
12.5% is required. Open space requirement dedicated to "Environs"
protection.
b.
Accessory uses. Garages, parking lots, garden sheds, decks, patios
and other similar accessory uses as determined by the land use board.
c.
Bulk requirements. The requirements are minimum and shall be varied
to establish a neighborhood character consistent with the Small Community
Village Design Standards, Community Design Standards and the Sussex
County Strategic Growth Plan.
1.
Commercial lot size shall be a minimum of 20,000 square feet.
2.
Residential lot size shall be a minimum of 12,000 square feet for
a single-family structure and 20,000 for a two or three-unit structure.
3.
Building height shall not exceed 35 feet.
4.
Minimum lot width shall be 75 feet.
5.
Minimum side yard shall be 10 feet.
6.
Minimum front yard setback shall be a minimum of 22 feet and a maximum
of 35 feet. Homes adjacent to each other must vary the front building
setback a minimum of five feet.
7.
Minimum rear yard shall be 30 feet.
8.
Maximum lot coverage shall not exceed 50%.
The purpose of the McCoy's Corner Village is to establish the
new Sussex County Library as the cornerstone of the "center" by integrating
growth consistent with smart growth principles. Pedestrian and vehicular
connections should be incorporated into the "center" with concentrated
retail and service uses to support the library and airport. Light
industrial uses should be encouraged in the airport hazard zone to
promote the local economy and create jobs.
a.
Principal permitted uses. The following uses shall be permitted in
the McCoy's Corner Village. A mixed of uses and multiple uses in the
same structure or in several structures on the same lot are permitted.
1.
Retail uses including farmers market, groceries, delicatessen and
meat market, drug stores, gift shops, liquor stores, restaurants and
taverns, stationary stores, bookstores and other similar uses as determined
by the land use board.
2.
Retail service uses including hair salons, barbershops, shoe repair,
dry cleaners, laundromats and other similar uses as determined by
the land use board.
3.
Professional uses including banks, accountants, physicians, dentists,
lawyers, architects, planners, engineers, financial planners or other
related professional uses, real estate and insurance brokers.
4.
Apartments on the second floor of commercial buildings except dry
cleaning establishments, gasoline service stations or other uses as
determined by the land use board. Mandatory affordable housing set
aside of 20% is required.
5.
Age restricted residential uses shall be permitted on lots or tracts
of land greater than 10 acres. Permitted housing types include single-family,
patio homes, duplexes, triplexes and town homes. Mandatory affordable
housing set aside of 20% is required. Open space requirement dedicated
to "Environs" protection or common open space. Existing residential
structures are permitted to remain as nonconforming uses. Deed restrictions
refer to subsection 13-24.11d.2.(e).
6.
Apartment structures shall be permitted only to provide an option
for affordable rental housing.
b.
Accessory uses. Garages, parking lots, garden sheds, decks, patios
and other similar accessory uses as determined by the land use board.
Refer to subsection 13-24.11d.2(g).
c.
Bulk requirements for commercial/residential uses.
1.
Commercial lot size shall be a minimum of 20,000 square feet.
2.
Building height shall not exceed 40 feet.
3.
Minimum lot width shall be 100 feet.
4.
Minimum side yard shall be 10 feet.
5.
Minimum front yard shall be 15 feet.
6.
Minimum rear yard shall be 30 feet.
7.
Maximum lot coverage shall not exceed 50%.
d.
Bulk requirements for age restricted single-family residential uses.
The intent of the section standards is to establish variable lot sizes
and setbacks to provide variety site conditions and architectural
character and avoid obvious repetition and a monotonous streetscape.
1.
Minimum lot area shall be 7,200 square feet but not to exceed 25,000
square feet.
2.
Minimum lot depth shall be 120 feet.
3.
Minimum lot width shall be 60 feet with a maximum of 120 feet, except
if the lot is part of the common open space or recreational area.
4.
Minimum front yard setback shall be 22 feet with a maximum of 35
feet. Homes adjacent to each other must vary the front building setback
a minimum of five feet.
5.
Minimum rear yard setback shall be 30 feet.
6.
Minimum side yard set back shall be eight feet.
8.
Maximum number of stories shall be 2 1/2.
9.
Accessory structures refer to subsection 13-24.11d.2(g).
10.
Maximum lot coverage shall not exceed 50%.
e.
Bulk requirements for age restricted town home residential uses.
The intent, of the ordinance standards is to establish building setback
variation to avoid obvious repetition and a monotonous streetscape.
1.
Minimum front yard setback shall be 22 feet with a maximum of 35
feet. Homes adjacent to each other must vary the front building setback
a minimum of five feet.
2.
Maximum length of building not to exceed 200 feet.
3.
Minimum offset of units in the same building shall be five feet.
4.
Minimum distance side to side shall be 30 feet.
5.
Minimum distance rear to rear shall be 60 feet.
6.
Minimum distance rear to side shall be 40 feet.
7.
Minimum distance front to back shall be 75 feet.
8.
Minimum distance front to front shall be 70 feet.
9.
Minimum distance front to side shall be 40 feet.
10.
Minimum distance from any building to property line shall be 30 feet.
11.
Maximum building height shall be 40 feet.
12.
A maximum of 2 1/2 stories.
[Ord. #79-10; Ord. #81-07; Ord. #88-10; Ord. #88-18; Ord.
#91-05; Ord. #00-12; Ord. #2003-07; Ord. #2004-11; Ord. #2004-12;
Ord. #2005-02; Ord. #2005-16; Ord. #2006-12; Ord. #2007-05; Ord. #2009-05;
Ord. #2011-12]
The purpose of the environs residential district-5 is to protect
the rural character, preserve farmland and conserve environmentally
sensitive land or critical wildlife habitat, while permitting a harmoniously
integrated residential development.
a.
Single-family homes.
b.
Agriculture on a lot containing a minimum of five acres. Any animals
other than cattle, horses and ponies, domestic animals, other than
household pets, kept on the premises shall be in connection with the
pursuit of agriculture. This shall not include the keeping of domestic
animals for boarding, training, sale and re-sale, or such activities
that are not in connection with the pursuit of agriculture and are
themselves the exclusive or primary use. The following ratios of animal
per acre of land shall be met. Cattle, horses, and ponies 1:1 on parcels
of 50 acres or less, no ratio on parcels 51 acres or larger: swine,
sheep, and goats, 5:1 on parcels of 25 acres or less, no ratio on
parcels 26 acres or larger; poultry, no ratio. The above provisions
shall not be construed to permit commercial piggeries, or animal processing
facilities.
It is intended that a single-family residence use may be established
on the same lot used for agricultural purposes as set forth above.
In that event, the lot then shall have a minimum lot area of one acre
for the single-family residence use in addition to the required minimum
of five acres set forth above.
a.
Private garages.
b.
Home occupation provided that not more than 1/2 of the floor area
of one story or the basement of the principal structure shall be devoted
to such use. No merchandise or materials, either assembled or unassembled,
shall be received into the residence for the purpose of merely storing
and/or reselling. No machinery or equipment shall be used except machinery
or equipment which is usually found in the home and which will not
cause electrical or other interference with radio and/or television
reception. No use permitted by this section shall result in any 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.
c.
Professional occupations.
d.
Greenhouses, tool sheds, summer houses, and other similar structures,
provided that such structures be used for private purposes only.
e.
Customary accessory buildings to farm land uses and farm buildings.
f.
Roadside stands.
h.
Horses and/or ponies for riding purposes in connection with single
family residence use where such use is the principal use of the property
and the horse and/or pony is owned by a member of the family occupying
such single family dwelling unit. The following ratio of the number
of horses and/or ponies per acre of land shall be met. For the first
horse and/or pony, at least 1 1/2 acres and one acre for each
additional horse and/or pony.
i.
4H projects in connection with single family residence use, where
such use is the principal use of the property and the 4H project is
being conducted by a member of the family occupying such single family
dwelling unit. In connection with such projects, a permit shall be
obtained from the construction official. The application shall indicate
the nature of the project, the name and age of the 4H participant
conducting the project, the area on the subject lot to be utilized
and the number and types of animals involved in the project (if any).
The permit issued shall be for a period of one year. There shall be
no fee in connection with the application or issuance of such permit.
j.
Adequate fencing shall be provided in connection with the keeping
of horses, ponies or other animals in connection with 4H projects.
The fencing shall be suitable for its intended purpose; i.e. the corralling
of said animals.
a.
Where approved public sanitary sewer and public water systems exist
or are provided, the following minimum standards shall prevail:
b.
The new lots to be created by residential cluster development shall
not exceed the number of lots which would have been created had the
same tract been developed in a conventional manner, taking into consideration
such factors as terrain, wetness, shape of the tract and other such
customary limitations. A qualifying map shall be submitted to the
Wantage Land Use Board with all cluster development applications.
The qualifying map shall determine the maximum number of lots allowed
within the tract.
c.
The remainder of the tract not devoted to cluster development shall
be so constituted and located as to be reasonably utilizable for recreation
and enjoyment of the owners of the clustered lots. These open spaces
shall be available for parks or other recreational uses acceptable
to the planning board and in harmony with the uses of adjacent and
nearby properties.
d.
Open space.
1.
Areas considered open space. Open space, as required, shall consist of vacant ground and lands improved by the board, which lands and buildings shall be available for parks, or other recreational uses acceptable to the planning board, pursuant to section 13-5.3f, and in harmony with the uses of adjacent and nearby properties.
2.
Not more than 50% of any water areas such as lakes, ponds, streams,
swamps, or brooks shall be recognized in this computation, to assure
compliance with the requirements for usable open space for all purposes
and pursuits. In determining the area of any of the aforesaid water
area, flood plains and areas where the seasonal high water table reaches
zero feet shall be deemed to be included in such water area.
3.
Areas not considered as open space. Open space, as required, shall
not include yard areas, land area within the right- of-way of public
or private streets, and land area between walkways, sidewalks and
buildings wherein the principal use of said land is to provide for
pedestrian traffic to and from buildings.
e.
Location of open space. Open space areas in a cluster development
shall be located in accordance with the following standards:
1.
Streams and their flood plains, natural wetland areas with slopes
in excess of 15% and any other environmentally sensitive areas in
the tract shall be included in open space areas.
2.
Any unique or unusually attractive feature of terrain or vegetation
such as scenic overlooks, level open areas suitable for playing fields,
stands of large trees, or areas of particular value as wildlife habitat,
shall be included in open space.
3.
Insofar as is possible, consistent with subparagraphs 1 and 2 hereof,
open space shall be located so as to provide buffers between clusters
of dwellings, and between clusters of dwellings and the boundary of
the tract.
4.
No individual area devoted to open space shall be less than one acre
in area or less than 50 feet in width, at its narrowest point; however,
at least 1/3 of the area shall be at least 100 feet in width.
f.
Maintenance and use of open space areas.
1.
Natural areas. A minimum of 50% of the open space in a cluster development
shall be designated and maintained as a natural area.
(a)
Clearing of brush and dead timber shall be required where necessary
to eliminate fire hazard.
(b)
Clearing of obstructions or jams from streams or waterways shall
be required where necessary to insure unimpeded flow, provided, however,
that no channelization shall be permitted.
(c)
Hiking or bicycling trails and bridal paths may be constructed
and maintained.
(d)
Tree stands and blinds may be constructed and maintained.
(e)
Chemical agents may be used to control weed growth or algae
bloom, or for fish management in lakes and ponds.
(f)
Natural areas shall otherwise be maintained, undisturbed in
their natural state. No garbage or debris shall be permitted to accumulate
except that leaves, grass and shrub clippings may be deposited in
properly located and maintained compost heaps.
2.
Use of natural areas shall be restricted to hunting, fishing, bird
watching, hiking, cycling and boating.
3.
No chemically powered engines shall be used in a natural area, except
for the performance of functions designated in subparagraph 1 hereof.
4.
Active recreation areas. A minimum of 25% of the open space in a
cluster development shall be improved and maintained as an active
recreation area.
5.
Uses of active recreation areas shall be limited to athletic fields
and courts, golf courses, equipped play- grounds, swimming beaches
and pools, picnic tables, fireplaces, boat docks or boathouses.
6.
An area devoted to active recreation shall not be located within
100 feet of the tract boundary or the boundary of a cluster lot.
7.
Active recreation areas shall be planted and landscaped so as to
provide ground cover and neat appearance and such plantings shall
be maintained and trimmed so as to continue to provide proper ground
cover, and free use of the area for its intended purposes. No areas
of bare dirt shall be permitted except for properly maintained basepaths
or infields on a baseball field, clay tennis courts, and sand bathing
beaches.
8.
All playing surfaces, fences and other improvements or equipment
in active recreation areas shall be maintained in good repair.
g.
Where open space is not dedicated to the township or other government
entity, the applicant shall establish a property owner's association
which shall consist of all owners of lots in the cluster development
and shall own and maintain the open space areas. The applicant shall
submit, as a part of his subdivision application, a copy of such association's
agreement or charter, including, but not limited to, the following
information:
1.
Scheme for creation of the organization.
2.
When said organization will assume responsibility.
3.
The duties of the organization.
4.
The method by which the organization will be funded.
5.
Provisions for enforcement of the discharge of duties by the organization.
6.
Method by which open space will be maintained in perpetuity.
h.
The property owners association shall not dispose of any open space
areas without first offering to dedicate it to the township.
i.
If the property owners association fails to maintain the open space
areas in accordance with the provisions of this chapter, the township
may take over such maintenance under the following procedure:
1.
The zoning officer shall serve written notice upon all the property
owners in the cluster development specifying all maintenance violations.
The notice shall set a time, date and place for a hearing before him
on said violations, which hearing shall be held not more than 15 days
after the date of service.
2.
At the hearing, the property owners shall have the right to contest
the existence of maintenance violations, and to show good cause why
the time period to cure violations should be extended. Within 10 days
of any such hearing, the zoning officer shall give to the owners his
written findings on any such contentions and showings which may have
been advanced.
3.
The property owners association shall have a time period of 35 days
after receipt of notice to cure all maintenance violations. The zoning
officer, may, for good cause shown, grant a reasonable extension of
the time period, not to exceed a total of 65 days.
4.
If the property owners have not cured all violations within the specified
time period, the municipality shall take over maintenance of the open
space areas. The maintenance costs shall be assessed pro rata on the
basis of assessed valuation against all lots in the cluster development.
This assessment shall become a lien and tax on them 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.
5.
One year after municipal takeover, and each succeeding year thereafter,
the property owners shall have the right to a hearing where they may
show cause why the property owners association should be permitted
to resume maintenance of the open space areas.
The zoning officer shall serve written notice, upon all the
property owners in the cluster development at least 15 days prior,
which notice shall state the time, date, place and purpose of such
hearing.
j.
Additional requirements and conditions.
In any approved development, as provided for in this section,
the following standards shall apply in addition to all other standards
contained in this chapter. In cases of conflict, provision of this
section shall apply.
1.
Water and sewer services. Water and sewer services shall be constructed
in accordance with applicable regulations of the Public Utilities
Commission and in accordance with all State, county and municipal
regulations. In the event of conflict between the various codes and
requirements of said entities, the more restrictive regulation shall
govern.
2.
Central sewage disposal plant. Sewage disposal shall be by means
of a central sewage disposal plant. Such disposal plant shall be in
accordance with the requirements of the Department of Environmental
Protection of the State of New Jersey and county and municipal board
of health requirements, if any. Such disposal plant shall be constructed
in accordance with the requirements of the Department of Environmental
Protection, Department of Health, the county sewer authority, and
the board of health of the township and shall be subject to their
regulation and approval.
3.
Central water system. Potable water shall be provided by means of
a central water system. Such water system shall be in accordance with
the requirements of the Department of Environmental Protection of
the State of New Jersey and county and municipal board of health requirements,
if any. Such central water systems shall be constructed in accordance
with the requirements of the Department of Environmental Protection,
Department of Health, county sewer authority, and of the board of
health of the township and shall be subject to their regulations and
approval.
4.
Approval of water and sewage systems. The proposed water and sewer
system shall be approved by the township board of health before any
building permit shall be issued, notwithstanding approval of any other
agency whether State or county, unless the board of health of the
township shall certify that the approval of such other approving agency
is sufficient in its opinion that no further approval by the municipal
board is required.
No building in the RE-5 district shall exceed two stories or 35 feet in height, whichever is lesser, other than farm buildings, churches and hospitals and except as provided in subsection 13-13.16.
a.
Traditional development option:
1.
Density: one housing unit per 5 acres.
(a)
Minimum lot size = 5 acres.
(b)
Lot frontage = 250 feet.
(c)
Front yard setback = 80 feet.
(d)
Side yard setback = 40 feet.
(e)
Rear yard setback = 80 feet.
(f)
Minimum lot depth = 300 feet.
(g)
Impervious coverage = 10% of lot area.
(h)
A minimum of 20,000 square feet of contiguous developable land,
as defined herein, inside the building envelope of each lot. The single-family
dwelling shall be constructed entirely within the contiguous developable
land inside the building envelope.
b.
Environmental preservation constraints option:
1.
Density: Varies depending on the carrying capacity of the land based on the environmental constraints calculation as defined in subsection 12-8.4.
(a)
Minimum lot size = 2 1/2 acres, with constraints calculation.
(b)
Lot frontage = 225 feet.
(c)
Front yard setback = 75 feet.
(d)
Side yard setback = 40 feet.
(e)
Rear yard setback = 75 feet.
(f)
Minimum lot depth = 250 feet.
(g)
Impervious coverage = 10% of lot area.
(h)
A minimum of 20,000 square feet of contiguous developable land,
as defined herein, inside the building envelope of each lot. The single-family
dwelling shall be constructed entirely within the contiguous developable
land inside the building envelope.
c.
Open space/agricultural preservation option:
1.
Density: 1 housing unit per five acres.
(a)
Minimum lot size = 1 1/2 acres and no greater than 2 1/2
acres with an overall average of two acres per lot.
(b)
Lot frontage = 175 feet.
(c)
Front yard setback = 75 feet.
(d)
Side yard setback = 30 feet.
(e)
Rear yard setback = 75 feet.
(f)
Minimum lot depth = 250 feet.
(g)
Impervious coverage =15% of lot area.
(h)
A minimum of 45% of the tract shall be deed restricted as open
space under a homeowner's association or accepted by resolution of
the township committee. Preserved farmland shall be placed on separate
lots. Two dwelling units can be associated with the farm lot.
(i)
A minimum of 20,000 square feet of contiguous developable land,
as defined herein, inside the building envelope of each lot. The single-family
dwelling shall be constructed entirely within the contiguous developable
land inside the building envelope.
Every new residential building in the RE-5 district shall have
a minimum floor area of 1,000 square feet.
See section 13-19.
The following uses shall be permitted provided the conditions in subsection 13-24.11 are met:
a.
Public or Institutional uses.
b.
Boarding, training or selling (including resale) of equine animals.
c.
Public utility uses.
d.
Farm manager residence and seasonal employees residence.
e.
Community residences for the developmentally disabled and community
shelters for victims of domestic violence housing more than six persons
not more than 15 persons excluding resident staff.
f.
Professional offices.
g.
U.S.G.A. Professional Golf Course.
h.
Executive golf course.
i.
Pitch and putt golf course.
j.
Bed and breakfast operations shall be permitted, subject to the conditions set forth in subsection 13-24.20.
k.
Major solar energy systems.
The growth share requirements contained in this subsection apply
to construction in all zones within the township. Responsibility for
constructing an affordable housing unit or making a contribution in
lieu of construction shall be as provided for under this subsection.
Furthermore, this subsection shall apply regardless of whether a subdivision
or site plan is involved in the creation of the lot under construction
or if the construction is on a pre-existing lot. The obligation for
growth share construction or a contribution in lieu of construction
shall apply regardless of whether or not the property owner or developer
has obtained preliminary or final approval for the construction. The
property owner is responsible for complying with the growth share
requirements in this ordinance unless the property owner has been
issued a building permit prior to August 15, 2006. For all other construction,
the triggering mechanism for growth share responsibility shall be
the issuance of a building permit for new construction.
a.
Residential development.
1.
Residential developments between one and seven units shall be required
to provide a cash contribution as set in the Township's Fee Ordinance
for each unit constructed.
2.
Residential developments of eight units or more shall be required
to construct one residential affordable housing unit for every eight
housing units constructed.
3.
Residential developments of nine to 15 units shall be required to
comply with a,2 plus a cash contribution as set in the Township's
Fee Ordinance, for each housing unit over eight and up to 15.
4.
Residential developments of 16 units or more shall follow the pattern
established in a,2 and 3 for calculation purposes.
b.
Nonresidential development. For nonresidential developments, the
following chart contains the requirements for constructing affordable
housing units by developers.
|
Use Group
|
Description
|
Job Created per 1,000 square feet
|
|---|---|---|
|
B
|
Office buildings. Places where business transactions of all
kinds occur. Includes banks, corporate offices, government offices,
car showrooms and outpatient clinics
|
3
|
|
M
|
Mercantile uses. Buildings used to display and sell products.
Includes retail stores, strip malls, shops and gas stations
|
1
|
|
F
|
Factories where people make, process, or assemble products.
Includes automobile manufacturers, electric power plants, foundries,
and incinerators
|
2
|
|
S
|
Storage uses. Includes warehouses, parking garages, lumberyards,
and mausoleums
|
0.50
|
|
H
|
Hazardous uses.
|
1
|
|
A1
|
Movie theaters
|
2
|
|
A2
|
Casino/nightclub
|
3
|
|
A3
|
Restaurants, libraries and lecture halls
|
3
|
|
A4
|
Churches
|
Exclude
|
|
A5
|
Bleachers and stadiums
|
Exclude
|
|
E
|
Schools K-12
|
1
|
|
1
|
Institutional uses such as hospitals, nursing homes, assisted
living facilities and jails
|
2
|
|
R1
|
Hotels and motels
|
0.80
|
|
U
|
Miscellaneous uses. Fences, tanks, signs, etc.
|
Exclude
|
c.
General Provisions.
1.
Affordable housing units to be built in accordance with this subsection,
shall adhere to the following schedule:
|
% of Market-Rate Units Completed
|
Min. % of Low/Moderate Income Units Completed
|
|---|---|
|
25
|
0
|
|
25 + 1 unit
|
10
|
|
50
|
50
|
|
75
|
75
|
|
90
|
100
|
2.
In the case of residential construction, the developer shall be required
to specify how and where it intends to construct the unit(s) as a
condition of preliminary or final approval of a site plan or subdivision.
In the event that a payment in lieu of construction is to be made
regardless of whether it is residential or nonresidential, the amount
per unit shall be the amount in effect at the time the property owner
or developer obtains the building permit. Thirty percent of the payment
in lieu of construction shall be paid at the time that the building
permit is issued and the balance shall be paid in full prior to the
issuance of the certificate of occupancy.
3.
At the township's discretion, alternative mechanisms permitted under
COAH's regulations may be permitted in place of on-site construction
of affordable units.
4.
Full compliance with the affordable housing requirements is mandatory
and non-waivable, with compliance being a continuing condition during
construction.
5.
All affordable units shall comply with all COAH requirements, including
but not limited to containing a thirty-year deed restriction as required
by COAH.
6.
Affordable units: 50% of the units shall be low income and 50% moderate
income as required by COAH.
7.
Bedroom mix shall be in accordance with current COAH rules in effect
at the time the building permit is issued.
8.
The affordable housing structures shall be consistent in size and
architectural features with the neighborhood or as approved by the
planning and/or zoning board. Additionally, in the case of a multi-unit
development the affordable units must be fully integrated with the
market rate units.
9.
At the discretion of the township committee, the developer shall
satisfy the obligation generated pursuant to this subsection or tender
a developer's fee in accordance with the Township Developer's Fee
Ordinance, but not both.
10.
Additions to existing residential structures and construction of
non-habitable farm or commercial accessory structures shall be exempt
from the provisions of this subsection.
11.
Demolition of an existing structure such that no new certificate
of occupancy is required shall be exempt from the provisions of this
subsection.
d.
The Township's Fee Ordinance is amended as follows:
1.
Growth share contribution in lieu of construction for residential
development $17,750 per market rate residential unit constructed with
the exception that single lot development, meaning any lot not in
common ownership with an adjoining lot, shall be $10,000.
2.
Nonresidential development cost for construction of a COAH residential
unit shall be $142,000. In the event the developer is responsible
for less than one unit, the contribution in lieu of construction shall
be determined as follows:
(a)
Divide the total square footage of the nonresidential structure
by 1,000.
(b)
Multiply the number derived by paragraph (a) above by the number
of jobs created per 1,000 square feet of nonresidential space for
the relevant use group (refer to table within paragraph b.).
(c)
Divide the number derived by paragraph (b) above by 25.
(d)
Multiply the number derived by paragraph (c) above by $142,000.
|
Example: In lieu of construction fee for nonresidential structure
of 17.760 square feet in use group B.
| |
|
1.
|
17.760 ÷ 1,000 = 17.76
|
|
2.
|
17.76 x 3 (from chart in section 3A) = 53.28
|
|
3.
|
53.28/25 = 2.131
|
|
4.
|
2.131 x $142,000 = $302,602
|
[Ord. #79-10; Ord. #84-08; Ord. #2009-05]
This zone is intended to recognize the fact that the area it
encompasses is an area containing existing platted lots. The zone
requirements reflect the minimum lot, sizes possible consistent with
topographical limitations.
Accessory structures shall be placed in accordance with the requirements of section 13-14.
a.
Private garages.
b.
Home occupation provided that more than one-half of the floor area
of one story or the basement of the principal structure shall be devoted
to such use. No merchandise or materials, either assembled or unassembled,
shall be received into the residence for the purpose of merely storing
and/or reselling. No machinery or equipment shall be used except machinery
or equipment which is usually found in the home and which will not
cause electrical or other interference with radio and/or television
reception. No use permitted by this section shall result in any 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.
c.
The office of professional persons provided such professional person
resides on the premises. Not more than two persons, other than the
resident of the premises, may be employed by such professional person
and not more than one-half of the floor area of one story of the dwelling
unit shall be devoted to such use. No use permitted by this section
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.
d.
Garden sheds, tool sheds and pool houses.
e.
Private swimming pools.
No building in the R-2 district shall exceed two stories or
35 feet in height whichever is lesser.
a.
Every residential lot in the R-2 district shall meet the following
standards; except as hereinafter specifically provided:
1.
Minimum lot area - 15,000 square feet.
2.
Minimum lot width - 125 feet at the street line.
3.
Minimum lot depth - 100 feet.
4.
Minimum side yard - 15 feet.
5.
Minimum front yard - 35 feet.
6.
Minimum rear yard - 35 feet.
7.
Maximum floor area - 1,500 square feet.
8.
Minimum floor area - 1,000 square feet.
b.
In the event that it can be demonstrated that the subject lot does
not have severe slope limitations existing over more than 20% of the
lot, the lot shall meet the following standards. Severe slope limitation
is defined as a slope of 25% or more.
See section 13-19.
The following uses shall be permitted as conditional uses subject to the conditions and procedures set forth in section 13-24.
[Ord. #79-10; Ord. #84-08]
In any approved development, as provided for in this section,
the following standards shall apply in addition to all other standards
contained in this chapter. In cases of conflict, provisions of this
section shall apply.
a.
Townhouses.
b.
Garden apartments.
c.
Retail stores, service establishments and professional uses, as hereinafter described in subsection 13-7.5 of this chapter, provided, however, that such uses shall be permitted only accessory to and subordinate to townhouses and/or garden apartments constructed on the balance of the tract. No certificate of occupancy for any retail shop or personal service establishment shall be issued until construction of all townhouses and/or garden apartments has been completed on the balance of the tract.
d.
Community residences for the developmentally disabled and community
shelters for victims of domestic violence housing more than six persons
but not more than 15 persons excluding resident staff.
a.
Total minimum tract size - 25 acres.
b.
Maximum tract area for retail stores, service establishments and
professional uses, and accessory uses customarily and incidental to
same, shall not exceed 10% of the total tract area.
c.
Minimum tract area for open spaces shall be 15%. In the computation
of percent tract area for open spaces, areas used for retail shops
and personal service facilities shall be excluded.
d.
Maximum overall tract density for residential dwellings - six dwelling
units per acre. In computation of dwelling unit density, the areas
used for retail shops and personal service facilities shall be excluded.
e.
All public utilities shall be installed in accordance with the township
subdivision ordinance standards.
f.
Tract width - 300 feet. Tract depth - 500 feet.
g.
Maximum building coverage - 20% of the total area of the tract.
h.
Minimum distance between buildings - 50 feet, as measured to the
closest point.
i.
The design layout of buildings shall provide, where possible, that
the front of one building does not face the back of another building
or accessory building.
j.
Minimum distance of buildings from interior street or driveway -
30 feet.
k.
Minimum distance of building from any on-site parking area, garage
or other accessory building - 20 feet.
l.
Buildings shall not exceed two stores or 35 feet in height, whichever
is lesser. Height shall be measured from ground level or finished
grade to the highest point on the roof line.
m.
Means of traffic ingress and egress shall comply with the standards
for access to a major subdivision established in chapter XII, "Land
Subdivision" of the Revised General Ordinances of Wantage Township,
1974, and amendments thereto.
n.
Points of ingress and egress shall not be located within 100 feet
of an existing intersection.
o.
Interior streets, roads, sidewalks and driveways shall comply with
the improvement and design standards established in chapter XII, "Land
Subdivision", of the Revised General Ordinances of Wantage Township,
1974, and amendments thereto.
p.
All interior streets, roads and driveways shall contain curbs, gutters
and sidewalks.
q.
Pedestrian sidewalks shall also be provided in other suitable locations
wherever normal pedestrian traffic will occur, and in order to handle
the pedestrian traffic which the development will create.
r.
Buildings may be owned either in the conventional manner, or as a
condominium, provided, however, that two types of ownership shall
not co-exist in any tract.
s.
Townhouses and garden apartment units shall not be permitted in the
same building with each other.
a.
No townhouse cluster shall contain more than four dwelling units,
nor exceed 80 feet in length. Each townhouse unit shall have at least
two entrances. Common entrances are prohibited.
b.
Each townhouse shall have a minimum floor area of 800 square feet
of heated living space.
c.
Each townhouse shall have two exterior exposures which are nonadjacent
with at least three windows and one door in each such exposure. No
area of any townhouse unit may be above or below any portion of any
other adjacent townhouse unit.
d.
Each townhouse shall have private yards, contiguous to both exterior
exposures. Each yard shall have a minimum width equal to the width
of the townhouse along the exposure the yard adjoins, and a minimum
depth of 20 feet, measured perpendicular to such exposure.
e.
Townhouse rear yards may be fenced, provided however, that such fencing
shall not exceed three feet in height.
f.
Front yard of tract to building setback - 100 feet.
g.
Two side yards of tract to principal building setback - 75 feet each.
h.
Rear yard of tract to principal building setback - 75 feet.
a.
Not more than 20% of all apartment dwelling units shall contain two
bedrooms. The remainder shall be efficiency units or contain one bedroom
only. No three bedroom apartment units shall be permitted.
b.
No apartment building shall contain more than 10 dwelling units nor
exceed 80 feet in length,
c.
Apartment dwelling units shall contain the following minimum floor
area of heated living space:
One bedroom - 725 square feet.
Two bedroom - 800 square feet.
d.
Coin operated laundry washing and drying machines may be located
in the basement of each apartment building for the sole use of the
occupants of the building.
e.
Front yard of tract to building setback - 100 feet.
f.
Two side yards of tract to principal building setback - 75 feet each.
g.
Rear yard of tract to principal building setback - 75 feet.
a.
Permitted uses, accessory to and subordinate to primary uses:
1.
Retail stores and service establishments such as groceries, delicatessen,
and meat market, drug stores, liquor stores, variety stores, shoe
repair, luncheonettes, newspaper stores, banks, stationery stores,
barber and beauty shops, laundromats and clothes cleaners.
2.
Professional buildings for the offices of physicians, dentists, lawyers,
engineers, architects or other related professional uses, real estate
and insurance brokers.
3.
Garages for storage of commercial vehicles used in conjunction with
permitted principal uses.
4.
More than one commercial or professional use may be located in one
building.
5.
Any other use that is determined by the board of adjustment to be
of the same general character as the above permitted uses.
c.
Signs.
1.
All office and retail outlets shall be permitted one sign attached
to the building; provided, the area of the sign does not exceed 10%
of the gross area of the first floor building front or a maximum of
15 square feet, whichever is smaller.
2.
Signs may be either externally or internally illuminated, provided
that any illumination is shielded in such a manner that it does not
shine on any adjacent property, adjacent residential uses, or on any
road or highway right-of-way.
3.
Signs may extend out from the building in a perpendicular fashion
provided they do not extend more than four feet from the building
and the lowest section of any sign so erected shall be raised a minimum
of nine feet above the sidewalk level.
4.
Each planned commercial center may be allowed one free standing sign
advertising said center, provided that it does not exceed 100 square
feet in area, be no higher than 35 feet, and is set back a minimum
of 10 feet from any street line.
d.
Minimum building area - 1,000 square feet of usable heated floor
area.
e.
Minimum area for individual retail store or personal service establishment
- 450 square feet of usable heated floor area.
f.
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 or rear yard
of the lot not fronting on the street.
a.
Any building containing more than one use shall meet the combined
parking space requirements for all uses of the building. Any change
of the use within a building shall be required to meet the minimum
parking requirements for the new use.
b.
If it can be clearly demonstrated that because of the peculiar nature
of any use, all 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 parking area shall be shown on
the plans submitted so that it will be available in the event future
conditions should so require.
c.
All offstreet parking areas shall be constructed in accordance with
the following specifications:
Base material - Minimum four inches of soil aggregate, type
5, Class "A".
Surface material - F.A.B.C. 1, two inches thick as per the New
Jersey Department of Transportation specifications.
d.
All parking and loading areas shall be graded and equipped with adequate
drainage facilities as approved by the planning board.
e.
All parking and loading spaces shall be appropriately marked with
painted lines.
f.
Any lighting in connection with offstreet parking shall be so arranged
and shielded as to reflect the light downward away from adjoining
street or property.
g.
All parking areas shall provide for adequate ingress and egress and
safe and convenient traffic circulation. Access drives and aisles
shall be of sufficient width to permit safe access to parking spaces
and safe traffic movement.
h.
All nonresidential parking areas shall be effectively screened on
any side which adjoins or faces residential premises or open space
by a fence or wall not less than four feet, nor more than six feet,
in height and 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 board.
i.
Except as hereinafter provided, parking, as necessary to any use,
shall be provided on the same lot with said use.
j.
No sign other than "entrance", "exit", or conditions of use shall
be maintained.
k.
All parking areas shall be designated with service aisles to meet
the following standards:
|
Parallel parking
|
12 foot aisle width
|
|
30° angle parking
|
12 foot aisle width
|
|
45° angle parking
|
13 foot aisle width
|
|
60° angle parking
|
18 foot aisle width
|
|
90° angle parking
|
24 foot aisle width
|
|
In addition, there shall be a minimum distance between parallel
parking spaces of six feet where found necessary to provide for convenient
access.
|
l.
Any owner, or group of owners, of a building or buildings, devoted
to commercial uses may jointly sponsor offstreet 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 other requirements
of this chapter, and further provided that any participating use is
no farther from the parking area than 300 feet.
m.
For every commercial 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 use, one offstreet loading
space for each building or use. Each loading space shall be at least
12 feet in width, 30 feet in length and have a fifteen-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. Such space shall be located in the side or rear
yard only, but in no case, in a side yard adjoining a street.
n.
For all apartments, townhouse and nonresidential structures, there
shall be provided the number of offstreet parking spaces required
by the specific use in accordance with the following schedule:
|
Use
|
Required Parking Spaces
|
|---|---|
|
Townhouses
|
2 for each dwelling unit
|
|
Garden apartments
|
1 1/2 for each dwelling unit
|
|
Retail store or service establishment; business and professional
offices; banks and fiduciary institutions
|
1 for each 200 square feet of floor area
|
|
1 for each 200 square feet
| |
|
Medical and dental offices or clinics
|
5 for each physician plus 1 for each employee, but not less
than 1 for each 200 square feet of floor area
|
|
Luncheonette
|
1 for each 3 seats
|
o.
Townhouse and garden apartment parking areas shall generally be located
in the side or rear yards, at least 50 feet from any property line
of any townhouse or garden apartment tract. However, the front yard
of any such tract may be used for parking, provided, not more than
half of the total number of parking spaces for the tract are located
in the front yard, and provided further that in no event shall more
than one-half of the area of the front yard be used for parking, driveways,
and turning areas.
p.
Parking spaces may be open, underground, or in separate garages or
carports.
q.
Each parking space shall be a minimum of 10 feet by 20 feet in size,
and shall be so located that a standard size automobile may be parked
without moving other parked vehicles.
r.
Parking areas shall not contain direct access to streets, but shall
be provided with access drives which shall be maintained free of parked
vehicles.
Topsoil shall not be removed from the tract during construction,
but shall be stored and redistributed on the site. Topsoil shall be
regraded on site to a minimum depth of four inches. After regrading,
inspection and approval of the township engineer, excess topsoil may
be removed from the site. Such areas shall be stabilized by seeding
or planting in accordance with the approved landscaping plan.
Each structure within the development shall have a compatible
architectural theme with the variations and designs to provide an
attractiveness to the development which shall include consideration
of landscaping techniques, building orientation to the site, and to
other structures, topography, natural features and, for townhouses
and garden apartments, individual dwelling unit design such as varying
unit widths, staggering unit setbacks, providing different exterior
materials, changing roof lines and roof designs, altering building
heights, and changing types of windows, shutters, doors, porches,
colors and vertical or horizontal orientation of the facade, singularly
or in combination for each dwelling unit.
Areas considered open space. Open space, in satisfaction of subsection 13-7.2c, shall consist of vacant ground, and lands improved and having structures situated thereon as previously approved by the board, which lands and buildings shall be available for parks or other recreational uses acceptable to the planning board, and in harmony with the uses of adjacent and nearby properties and shall be located and maintained in accordance with the following standards:
a.
Streams and their flood plains, natural wetland areas with slopes
in excess of 15% and any other environmentally sensitive areas in
the tract shall be included in open space areas.
b.
Any unique or unusually attractive feature of terrain or vegetation
such as scenic overlooks, level open areas suitable for playing fields,
stands of large trees, or areas of particular value as wildlife habitat,
shall be included in open space.
c.
Insofar as is possible, consistent with subparagraphs a and b hereof,
open space shall be located so as to provide buffers between clusters
of dwellings, and between clusters of dwellings and the boundary of
the tract.
d.
No individual area devoted to open space shall be less than one acre
in area or less than 50 feet in width, at its narrowest point; however,
at least one-third of the area shall be at least 100 feet in width.
e.
Maintenance and use of open space areas.
1.
Natural areas. A minimum of 20% of the open space in the development
shall be designated and maintained as a natural area.
(a)
Clearing of brush and dead timber shall be required where necessary
to eliminate fire hazard.
(b)
Clearing of obstructions or jams from streams or waterways shall
be required where necessary to insure unimpeded flow, provided, however,
that no channelization shall be permitted.
(c)
Hiking or bicycling trails and bridle paths may be constructed
and maintained.
(d)
Tree stands and blinds may be constructed and maintained.
(e)
Chemical agents may be used to control weed growth or algae
bloom, or for fish management in lakes and ponds.
(f)
Natural areas shall otherwise be maintained, and undisturbed
in their natural state. No garbage or debris shall be permitted to
accumulate except that leaves, grass and shrub clippings may be deposited
in properly located and maintained compost heaps.
2.
Use of natural areas shall be restricted to hunting, fishing, bird
watching, hiking, cycling and boating.
3.
No chemically powered engines shall be used in a natural area, except
for the performance of functions designated in subparagraph 1 hereof.
4.
Active recreation areas. A minimum of 50% of the open space in the
development shall be improved and maintained as an active recreation
area.
5.
Uses of active recreation areas shall be limited to athletic fields
and courts, golf courses, equipped playgrounds, swimming beaches and
pools, picnic tables, fireplaces, boat decks or boathouses.
6.
An area devoted to active recreation shall not be located within
100 feet of the tract boundary or the boundary of a lot.
7.
Active recreation areas shall be planted and landscaped so as to
provide proper ground cover and neat appearance and such plantings
shall be maintained and trimmed so as to continue to provide proper
ground cover, and free use of the area for its intended purposes.
No areas of bare dirt shall be permitted except for properly maintained
basepaths or infields on a baseball field, clay tennis courts, and
sand bathing beaches.
8.
All playing surfaces, fences and other improvements or equipment
in active recreation areas shall be maintained in good repair.
f.
Where open space is not dedicated to the township or other government
entity, the applicant shall establish a property owner's association
which shall consist of all owners of lots in the development and shall
own and maintain the open space areas. The applicant shall submit,
as a part of his application, a copy of such association's agreement
or charter, including, but not limited to, the following information:
1.
Scheme for creation of the organization.
2.
When said organization will assume responsibility.
3.
The duties of the organization.
4.
The method by which the organization will be funded.
5.
Provisions for enforcement of the discharge of duties by the organization.
6.
Method by which open space shall be maintained in perpetuity.
g.
The property owner's association shall not be dissolved or dispose
of any open space areas without first offering to dedicate it to the
township.
h.
If the property owner's association fails to maintain the open space
areas in accordance with the provisions of this chapter, the township
may take over such maintenance under the following procedure:
1.
The zoning officer shall serve written notice upon all the property
owners in the development specifying all maintenance violations. The
notice shall set a time, date and place for a hearing before him on
said violations, which hearing shall be held not more than 15 days
after the date of service.
2.
At the hearing, the property owners shall have the right to contest
the existence of maintenance violations, and to show good cause why
the time period to cure violations should be extended. Within 10 days
of any such hearing, the zoning officer shall give to the owners his
written findings on any such contentions and showings which may have
been advanced.
3.
The property owner's association shall have a time period of 35 days
after receipt of notice to cure all maintenance violations. The zoning
officer may, for good cause shown, grant a reasonable extension of
the time period, not to exceed a total of 65 days.
4.
If the property owners have not cured all violations within the specified
time period, the municipality shall take over maintenance of the open
space areas. The maintenance costs shall be assessed pro rata on the
basis of assessed valuation against all lots in the development. This
assessment shall become a lien and tax on them 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.
5.
One year after municipal takeover, and each succeeding year thereafter,
the property owners shall have the right to a hearing where they may
show cause why the property owner's association should be permitted
to resume maintenance of the open space areas.
The zoning officer shall serve written notice, upon all the
property owners in the development at least 15 days prior, which notice
shall state the time, date, place and purpose of such hearing.
Every structure or group of structures and uses, and every designed
plot area or cluster unit having services, facilities or utilities,
in common, private usage and in common ownership or control by its
occupants, or which functions as an independent corporate property
owner, or agent of management, shall be located upon and within a
lot or plot of land which shall be fully dimensioned and designated
as representing the area of responsibility and extent of such individual
or group ownership or management, as may be established by ownership
in full or partial fee or lease under deed covenant, lease contract
or such other conditions of usage or occupancy legally established
and recorded therefore; and a description or plan of each such lot
or plot shall be filed separately or as part of the descriptive maps
of an M-R development with the municipal tax assessor.
a.
Not more than 50% of any water areas such as lakes, ponds, streams,
swamps, or brooks shall be recognized in this computation, to assure
compliance with the requirements for usable open space for all purposes
and pursuits. In determining the area of any of the aforesaid water
area, flood plans and areas where the seasonal high water table reaches
zero to one foot shall be deemed to be included in such water area.
b.
Areas not considered as open space. Open space land in satisfaction of subsection 13-7.2c shall not include yard areas, land area within the right-of-way of public or private streets, and land area between walkways and buildings wherein the principal use of the land is to provide for pedestrian traffic to and from buildings.
c.
Development of seasonal wetlands. Areas within the M-R zone where the seasonal high water table reaches zero to one foot, as established by county conservation service, shall not be included in any development for any purpose or to satisfy any requirement, except as provided in subsection 13-7.11a.
a.
Utility lines. All electric, gas and telephone utility lines shall
be installed underground. Prior to the issuance of building permits,
written certification from each serving utility will be required which
will evidence full compliance with the provisions of this requirement.
b.
Water and sewer service. Water and sewer services shall be constructed
in accordance with applicable regulations of the Public Utilities
Commission and in accordance with all State, county and municipal
regulations. In the event of conflict between the various codes and
requirements of the entities, the more restrictive regulation shall
govern.
1.
Central sewage disposal plat. Sewage disposal shall be by means of
a central sewage disposal plant. Such disposal plant shall be in accordance
with the requirements of the Department of Environmental Protection
of the State of New Jersey and county and municipal board of health
requirements, if any. Such disposal plant shall be constructed in
accordance with the requirements of the Department of Environmental
Protection, Department of Health, the county sewer authority, and
the township board of health and shall be subject to their regulation
and approval.
2.
Central water system. Potable water shall be provided by means of
a central water system. Such water system shall be in accordance with
the requirements of the Department of Environmental Protection of
the State of New Jersey and county and municipal board of health requirements,
if any. Such central water systems shall be constructed in accordance
with the requirements of the Department of Environmental Protection,
Department of Health, county sewer authority, and of the township
board of health and shall be subject to their regulations and approval.
3.
Approval of water and sewage systems. The proposed water and sewer
system shall be approved by the township board of health before any
building permit shall be issued, notwithstanding approval of any other
agency whether State or county, unless the township board of health
shall certify that the approval of such other approving agency is
sufficient in its opinion that no further approval by the municipal
board is required.
4.
Fire hydrants. Fire hydrants shall be provided in such a manner so
that no apartment building or townhouse cluster is further than 60
feet from a hydrant from its furthest point and fire hydrants shall
be provided in such a manner as to provide protection in accordance
with generally recognized standards in conjunction with all other
structures. The fire hydrants shall be serviced by a system to be
determined in accordance with the recommendations of the township
engineer, said system at least meeting the minimum requirements of
the fire underwriters for fire protection, for the type of construction
anticipated; taking into consideration location of various structures,
topography and general layout and design. The recommendations of the
township engineer shall be made to the planning board.
c.
Streets and blocks. Streets and blocks within the M-R development
shall conform to the provisions of the subdivision ordinance of the
township and any amendments thereto.
d.
Landscaping and screening.
1.
All M-R development shall be provided with liberal and functional
landscaping schemes. Roads and pedestrian walks shall be provided
with shade trees which are of minimum size and character as designated
by the township. Open space adjacent to buildings, malls between buildings
to be utilized by residents, border strips along the side of pedestrian
walks shall be graded and seeded to provide a thick stand of grass
or trees and shrubs. Areas not used for buildings, terraces, drives
and parking spaces shall be seeded and landscaped, and shall be maintained
in a stable and well kept condition. Screening or buffers, consisting
of planting strips and fences shall be required around any other similar
area; along property lines, between different designated uses and
around all parking areas in order to provide for shielding from unsightly,
disturbing or light glaring areas. Clothes drying areas shall not
be permitted out of doors. Refuse disposal areas shall be completely
enclosed.
2.
The developer shall furnish, along with the plans and specifications
required under this chapter, landscaping plans drawn by a recognized
landscaper, which shall include plans for lighting the grounds, roads,
drives, walks, parking areas and building entrances as well as the
plantings and other landscaping intended.
e.
Refuse disposal. Sufficient refuse pick-up areas shall be provided
and shall be located for the occupants convenience.
f.
Outside lighting. Adequate lighting shall be provided to minimize
hazards to pedestrians and motor vehicles along interior streets,
roads and driveways, in parking areas, near exterior and interior
dwelling entrances, and along pedestrian walks.
a.
The applicant shall submit the application and other required plans
and materials as though the application were for a major subdivision
under the provisions of chapter XII of the General Ordinances of the
Township of Wantage, and amendments thereto.
b.
In addition to the requirements of subparagraph a hereof, the application,
plans and materials shall set forth the following:
1.
The density and land use to be allocated to the various parts of
the site to be developed.
2.
The use or uses of land and buildings and the height, dimensions,
elevation and location of the buildings and other structures.
3.
The location, area and dimensions of individual dwelling units or
stores within each building.
4.
The location, area and dimension of private yards for townhouses.
5.
Distances between buildings and distances between buildings and rights-of-way,
drives, parking areas or property lines.
6.
The provisions for offstreet parking and loading including location
of ingress and egress, the size and location of driveways, access
aisles, parking spaces, pedestrian paths and lighting.
7.
Location of all areas on the subject property where the seasonal
high water table reaches zero to one foot.
c.
The planning board shall review the application, together with the
other required plans and materials, as hereinabove set forth, as though
the application were for a major subdivision, holding a public hearing,
ascertaining whether or not the applicant has complied with the provisions
and requirements of this chapter, and the applicable provisions and
requirements of chapter XII of the Revised General Ordinances of the
Township of Wantage, 1974, and amendments thereto, and issuing preliminary
and final approvals upon proof of compliance with the provisions and
requirements.
Preliminary approval may be granted on the complete proposed
garden apartment and/or townhouse project. However, final approvals
shall be stayed. The maximum number of dwelling units granted final
approval in the first section shall be limited to 150 dwelling units.
Thereafter, application for final approval of additional sections
not excluding 100 dwelling units, may be submitted upon filing of
proof with the planning board that 75% of the dwelling units in each
previous section granted final approval are rented or sold.
Seven copies of the proposed garden apartment and/or townhouse
project shall be submitted at least three weeks prior to the regular
meeting of the planning board, to the secretary of the planning board,
and shall be accompanied by three application forms, available from
the township clerk, and a filing fee, as determined below, shall accompany
such application:
$10 for each 10,000 square feet of lot area, or part thereof;
plus $1 for each 100 square feet of building floor area or part thereof.
[Ord. #92-08; Ord. #00-12]
The following uses and structures shall be permitted in the
R-C residential-commercial districts:
a.
Detached single family dwellings.
b.
Municipal buildings and grounds.
c.
Antique and/or gift shop.
d.
Arts and crafts shop.
e.
Beauty salon.
f.
Book store.
g.
Clothing and apparel store or sport shop.
h.
Day care center or nursery school.
i.
General offices.
j.
Photographer's studio.
k.
Professional use.
l.
Travel agency.
m.
Video shop.
The following accessory uses shall be permitted in the R-C residential
commercial district:
a.
Accessory uses for detached single family dwellings in the R-C residential
commercial districts shall, subject to the same regulations applicable
in the R-1 district, be permitted in the R-C districts.
The following accessory uses are permitted only after review and approval by the planning board, pursuant to the standards and criteria set forth in section 13-24:
a.
Conversion of existing residence, or construction of a new building on an existing lot containing less than 40,000 square feet which shall have the appearance of a residential dwelling, to be used for any of the uses permitted in subsection 13-7A.1c. through n inclusive, providing the applicant shows a constraints factor of .50 has been obtained.
The following requirements are applicable in the R-C residential
commercial districts:
a.
Minimum lot area: 40,000 square feet.
c.
Height - The height of a principal structure shall not exceed 35
feet or 2 1/2 stories, whichever is less.
e.
Maximum percent of lot coverage by impervious surfaces shall not
exceed 50%.
f.
Accessory structures other than driveways, walls and fences shall
not be located closer than 10 feet to any rear or side property line,
shall not be permitted in front yard areas and shall not exceed 25
feet in height.
[Ord. #79-10; Ord. #81-07; Ord. #00-12; Ord. #2009-05]
a.
Groceries, delicatessen and meat market, drug stores, liquor stores,
taverns, funeral homes, variety stores, shoe repair, luncheonettes,
newspaper stores, banks, stationery stores, barber and beauty shops,
laundromats and clothes cleaners.
b.
Professional buildings for the offices of physicians, dentists, lawyers,
engineers, architects or other related professional uses, real estate
and insurance brokers.
c.
More than one commercial or professional use may be located in one
building.
d.
Commercial-residential uses.
f.
Any other use that is determined by the board of adjustment to be
of the same general character as the above permitted uses.
Garages for storage of commercial vehicles used in conjunction
with permitted principal uses.
No building in the NC district shall exceed two stories or 35 feet in height, whichever is lesser. See subsection 13-13.16.
a.
Every commercial lot in the NC district shall meet the following
standards:
Every new commercial residential building in the NC district
shall have a minimum residential floor area of 1,000 feet and a minimum
commercial floor area of 600 feet.
See section 13-19.
See section 13-19.
The following uses shall be permitted as conditional uses subject to the conditions and procedures set forth in section 13-24.
[Ord. #79-10; Ord. #81-07; Ord. #91-07; Ord. #92-06; Ord.
#00-12; Ord. #2009-05; Ord. #2011-12]
a.
Clothing and apparel stores, motor vehicle sales, farm machinery
and implement sales, sportswear, department stores, junior department
stores, jewelry stores, office supplies, furniture stores, restaurants,
drive-in restaurants, paint stores, government buildings, photographer's
studios, fraternal organizations, taverns, music and dancing studios,
radio and television repair.
b.
Gas stations provided they are not closer than one-half mile from
the nearest gas station measured along one side of the road.
c.
Same as in NC district and subject to same standards.
d.
Soil removal operations.
e.
Baseball stadiums.
f.
Any other use that is determined by the board of adjustment to be
of the same general character as the above permitted uses.
Same as in NC district.
Every commercial lot in the HC district shall meet the following
standards:
b.
Minimum lot width - 150 feet at the edge of right of way or service
road.
c.
Minimum front yard.
1.
For uses other than baseball stadiums - 60 feet from the right of
way of the street or service road or 95 feet from the centerline of
the street or service road upon which the lot fronts, whichever distance
is greater.
2.
Baseball stadiums - 100 feet from the right of way of the street
or service road upon which the lot fronts.
See section 13-19.
See section 13-19.
The following uses shall be permitted as conditional uses subject to the conditions and procedures set forth in section 13-24.
a.
Public or institutional uses.
b.
Public utility uses.
c.
Golf course.
d.
Golf driving ranges.
e.
Farm manager residence and seasonal employees residence.
f.
Dry screening in conjunction with a soil removal operation.
g.
Commercial recreation.
h.
Bed and breakfast operations shall be permitted, subject to the conditions set forth in subsection 13-24.20.
i.
Major solar energy systems.
[Ord. #2006-16; Ord. #2010-14]
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 general development plan and/or preliminary
and final site plan within the zone and any use of the property shall
comply with the standards set forth in this subsection.
The purpose of the Route 23 Planned Commercial Development (PCD)
area is to permit development of large tracts of land along Route
23 in a planned setting. A planned development will prevent an adverse
impact on the community and enhance the existing uses, and permit
the free flow of traffic on Route 23 to meet the State Access Management
Code.
The intent of the Master Plan and Zoning Ordinance is to reinforce
the concept of small community village centers in Wantage, 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 village center areas.
The following uses are permitted principal uses in the PCD Zone.
a.
Office building for business, professional, executive, medical, chiropractic,
insurance, real estate and administrative offices.
b.
Banks and banking offices.
c.
Commercial and retail uses.
d.
Restaurants which may include indoor dining and outdoor dining, planters
and decorative fencing.
e.
Indoor theaters, indoor cinemas and indoor and outdoor recreation
centers.
f.
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.
Scientific, research and development laboratories.
i.
Hospitals and medical facilities, assisted living, independent living
facilities and rehabilitation care facilities.
j.
Government uses.
k.
Mixed uses with housing, multi-family and townhouse, and affordable
housing as per the Growth Share Ordinance and affordable housing ordinances
and offices, retail and commercial uses.
l.
Emergency service buildings such as firehouses and first aid and
ambulance buildings.
m.
Quarrying and soil removal providing for final finished grades for
permitted uses and quarrying shall be a transitional use leading to
board approved plans and uses.
n.
Day care.
o.
Drive-thru fast food.
p.
Public parking.
q.
Heliport.
r.
Utilities.
s.
Athletic and/or swim clubs.
t.
Museum.
u.
Houses of worship.
The following uses are permitted as conditional uses in the
PCD zone:
The following uses are specifically prohibited in the PCD zone:
Those uses customarily incident to the above including, but
not limited to, accessory warehouse and storage buildings and accessory
landscaping and nursery storage, display and sales.
Any use which directly or indirectly utilizes hazardous materials
as defined by NJDEP Brownfield Program.
All planned commercial developments shall meet the following
minimum standards:
a.
Prior to approval of any planned development in the PCD zone, the
planning board shall find the following:
1.
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;
2.
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;
3.
That provisions through the physical design of the proposed development
for public services, control over vehicular and pedestrian traffic,
and the amenities of light and air, recreation and visual enjoyment
are adequate;
4.
That the proposed planned development will not have an unreasonably
adverse impact upon the area in which it is proposed to be established;
5.
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.
b.
The development shall incorporate low-flow and water conservation
devices, a beneficial reuse scheme of wastewater for any purpose that
has been approved by the township, Federal and State regulatory authorities.
c.
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 23 and/or access to an access road connecting the property to
the adjacent properties and planned to preserve the critical environmental
features as depicted in the Master Plan. There shall be no direct
vehicular access from Route 23, except for existing roads and proposed
new main roads or drives from a proposed roadway parallel to Route
23. There shall be a traffic light for the new access drive to Route
23 as approved by NJDOT.
d.
The planned commercial development shall have a unified architectural
and design scheme throughout the development consistent with the design
standards of this ordinance which shall be subject to the review and
approval of the land use board at the time of preliminary site plan
approval and consistent with the kit of parts for the site plan. 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 substantial changes to the architectural
and design scheme without the approval by the Land Use Board of the
Township of Wantage. 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.
e.
Signs. Signage in the planned commercial development shall be consistent
with a kit of parts approved by the planning board for the site plan.
f.
Minimum lot size for any one building shall be 10,000 square feet,
except that minimum lot size for hotels shall be 40,000 square feet,
except as may be modified by the board.
g.
In the planned commercial development, more than one principal use
may be permitted on the same lot or building, except for single-family
lots, single-family townhouses, and duplex units not in mixed use
areas.
h.
The uses within a planned development shall provide for parking in
accordance with the parking schedule. Parking for planned commercial
developments shall generally be located within at least 350 feet of
each of the structures and uses for which the parking is provided.
Some of the parking for the hospital may be further than 350 feet
from the structure. Parking may be located underground and under buildings.
Shared parking arrangements may be approved by the board based upon
the site plan specific parking analysis.
i.
Maximum impervious coverage: 85% on individual lots and 70% overall,
except as otherwise approved by the board. The landscape plan shall
be consistent with the kit of parts for the site plan.
j.
Maximum disturbance: Since the property in the zone is approved and
used for soil removal, no disturbance limit applies to this zone.
k.
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 properties and the planned
commercial development and within and between parking lots consistent
with the design standards of the ordinance. 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 2 1/2 inches and at
least one tree every 20 parking spaces within the parking area or
on the perimeter of the parking area and on all property boundaries.
Landscape buffers shall be coordinated between uses to screen parking
lots, utility and loading areas.
l.
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 and parking easements shall be submitted with any
planned commercial development and shall be subject to the review
and approval of the land use 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
23.
m.
Prior to the commencement construction of buildings based upon any
general development plan and/or preliminary site plan approval, the
applicant shall enter into a developer's agreement with the Township
Committee of the Township of Wantage 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 the proposed
parallel road in the Master Plan, standards to ensure no direct ingress
to and egress from Route 23 for individual lots, timing and rate of
development and construction of private and public improvements, performance
guarantees for any common access ways and/or public improvements,
maintenance guarantees for any common access ways 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 Wantage.
n.
Pedestrian walkways between buildings and development pods. 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 and shall be consistent with the design
kit of parts for the site plan. 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
and parcels. Such connections may include covered walkways and/or
internal pedestrian walkways.
o.
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 land use 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.
1.
All PCD planned commercial developments shall provide a minimum front
yard of 15 feet to any parking lots and 25 feet to any buildings from
Route 23, which shall be a landscaped area dedicated to perpetual
open space or active open space. The front yard area may include board
approved signs, detention and stormwater facilities and possible township
signs.
2.
Proposed buildings shall be related harmoniously 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 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 to maximum extent practical.
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 PCD,
planned commercial development and which shall be otherwise constructed
and maintained in conformity with all applicable State, county and
municipal regulations and requirements. However, until the sewage
disposal is functional, the PCD zone may be developed on individual
sewage disposal systems.
10.
The planned development shall meet the requirements of this "green
ordinance" of the Township of Wantage. The planned development shall
employ means for achieving sustainability of the State's natural resources.
To achieve this goal, the planned commercial development will use
treated effluent from the on-site wastewater treatment plant for beneficial
reuse for all users as approved by the township and NJDEP. All commercial
structures and properties in the PCD zone shall be connected to public
sewers or the PCD on-site wastewater treatment system and beneficial
reuse (purple pipe) distribution system, except individual uses may
be constructed on septic systems (individual sewage disposal systems)
prior to operation of the sewage treatment plant. The applicant shall
enter into a developer's agreement with the township committee that
addresses the phasing of the development and septic and sewer timing
issues.
11.
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.
12.
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 approved buildings within the PCD,
planned commercial development or approved phase(s) and which shall
be otherwise constructed and maintained in conformity with all applicable
State, county and municipal regulations and requirements.
13.
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.
14.
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.
15.
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 paragraphs 9, 10, 11, 12 and 13 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 land use board information disclosing such adequacy and obtain
the land use board's approval thereof.
16.
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 consistent with the public health, safety
and general welfare as reviewed and approved by the Wantage Land Use
Board.
17.
The height of any principal building within a PCD, planned commercial
development shall not exceed 50 feet, except that hospitals, hotels,
multi-family and conference centers may have 4 1/2 stories and
a height of a maximum of 60 feet. Decorative and architectural design
features such as steeples, clock towers, parapets, mansard roofs,
chimneys, cupolas, or weathervanes are excepted and exempted from
the height limitations. Water tanks for the PCD development are excepted
and exempt from the height limitation but shall have a "stealth" design
approved by the board.
18.
No building 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 distances of 50 feet of State or county
roads unless and to the extent reviewed and approved by the land use
board in the planned development review and approval hearing process.
19.
All commercial buildings and uses shall use beneficial reuse water
from the sewer treatment utility, if available, except that individual
uses may be constructed with septic systems (individual sewage disposal
systems) prior to the operation of the sewage treatment plant or availability
of public sewers.
[Ord. No. 2014-16 § 3]
In accordance with the Municipal Land Use Law, the Wantage Economic
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.
[Ord. No. 2014-16 § 3]
The purpose of the Wantage Economic Development Zone District
is to encourage development and redevelopment of large tracts of land
along Route 23 and County Route 565 in a planned setting. A planned
development will prevent an adverse impact on the community and enhance
the existing and future uses, and permit the free flow of traffic
to meet the State Access Management Code. The intent of the WED Zone
District is to complement the planned mixed-use/small community village
centers in the corridors by encouraging employment generating uses
for existing and future residents.
[Ord. No. 2014-16 § 3]
The following uses are permitted principal uses in the WED Zone
District.
a.
Office building for business, professional, executive medical and
administrative offices.
b.
Banks and banking offices.
c.
Commercial buildings for users such as supermarkets, sales and showroom
facilities for hardware, furniture, floor coverings and carpeting,
bath and tile stores, lighting fixture, business supply stores and
other retail uses with a minimum leasable space of 2,000 square feet;
accessory indoor inventory storage shall be permitted.
d.
Restaurants including outdoor dining and takeout food services.
e.
Indoor theaters, indoor cinemas and indoor recreation centers.
f.
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.
Scientific, research and development laboratories.
i.
Government uses.
j.
Flex office and warehouse uses.
k.
Light manufacturing.
[Ord. No. 2014-16 § 3;
amended 6-24-2021 by Ord. No. 2021-12]
The following uses are permitted as conditional uses in the
WED Zone:
[Ord. No. 2014-16 § 3]
The following uses are specifically prohibited in the WED Zone:
a.
Trucking terminals.
[Ord. No. 2014-16 § 3]
Those uses customarily incidental to the above.
[Ord. No. 2014-16 § 3]
Any use which directly or indirectly utilizes hazardous materials
as defined by the NJDEP Brownfield Program.
[Ord. No. 2014-16 § 3]
All development in the WED Zone District shall meet the following
minimum standards:
a.
A WED development parcel shall have a minimum of at least 20 acres
with access to Route 23 or a county road via a common access road
with connections to adjacent properties in the zone district. To the
maximum extent possible, there shall be no direct vehicular access
to individual businesses from Route 23 or a county road. Existing
undersized lots at the time of the ordinance adoption shall comply
with I or LI Zone District standard whichever apply.
b.
The WED development shall have a unified architectural and design
scheme which shall be subject to the review and approval of the Land
Use 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 Land Use Board of the Township
of Wantage. 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.
c.
Signs. Signage in the WED development shall be limited to one facade
sign per use and a maximum of 36 square feet per use on the facade.
There shall be no more than one freestanding sign identifying the
WED development visible from Route 23 or a county road. Said freestanding
sign may be located on a pylon or foundation and shall be no greater
than 48 square feet on each side and shall be no higher than 16 feet
in height. The freestanding sign shall not be a directory sign listing
the tenants. 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.
d.
Minimum lot size for any one building shall be two acres, except
that the minimum lot size for hotels shall be five acres.
e.
In the WED District more than one principal use may be permitted
on the same lot.
f.
The uses within the WED shall provide for parking in accordance with
the parking schedule.
g.
Maximum impervious coverage. 65%.
h.
Landscape plan. Any development shall provide a landscape plan at
the time of preliminary site plan approval setting forth landscape
buffers between adjacent properties 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
three inches 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. Landscape buffers shall be coordinated
between uses to screen parking lots, utility and loading areas.
i.
Common access between parking lots. Any WED 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 development. A deed of common driveway and parking easements
shall be submitted with any planned commercial development and shall
be subject to the review and approval of the Land Use Board Attorney
and Township Engineer. The common driveways shall be intended to limit
the driveways to the access road and to prevent any need for driveways
to Route 23 or a county road.
j.
Prior to the commencement of any site work, the applicant shall enter
into a developer's agreement with the Township Committee of the Township
of Wantage as authorized by the Municipal Land Use Law establishing
certain minimum conditions relating to water, septic or sewer, fire
protection, ingress and egress to ensure access for individual lots,
timing and rate of development and construction of private and public
improvements, performance guarantees for any common access ways and/or
public improvements, maintenance guarantees for any common access
ways 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 Wantage.
k.
Pedestrian walkways between buildings. All commercial buildings within
a WED 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 WED development shall provide for internal pedestrian circulation
within buildings and between uses within buildings and for connection
between buildings and parcels. Such connections may include covered
walkways and/or internal pedestrian walkways.
l.
Evaluation Standards and Criteria. In order to foster the attractiveness
of a site designated as a WED, Wantage Economic 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 Land Use Board in
reviewing all site plans and subdivision plats relating to a WED development
application. 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. Except for existing
undersized lots, all WED development shall provide a minimum front
yard of 100 feet from Route 23 or a county road, which shall be a
landscaped area.
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 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 to maximum extent practical.
All storm water shall be retained on site and may be recycled.
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 WED 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 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 WED 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 WED 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 WED development
and to ensure safe and efficient vehicular access, including access
of fire-fighting equipment to and from each of the buildings within
the development.
14.
In the event that the 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 paragraphs 9, 10, 11, 12 and 13 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 Land Use
Board information disclosing such adequacy and obtain the Land Use
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 WED, planned development. However, no plan for a WED 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.
The height of any principal building within a WED, planned development
shall not exceed 40 feet, except that hotels, and conference centers
may have four stories and a height of a maximum of 45 feet.
17.
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 WED planned 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.
[Ord. #79-10]
To encourage concentrated development of commercial facilities
while providing safer access, parking areas which are less visually
prominent, preservation of natural features, and a better relationship
to the rural environment, a developer shall have the option of constructing
a cluster "shopping village" on property in neighborhood commercial
and highway commercial districts in accordance with the following
standards.
Any use permitted in the neighborhood commercial and highway
commercial districts may be incorporated in a shopping village.
Any accessory use permitted in a neighborhood commercial and
highway commercial district shall be permitted in a shopping village.
a.
A lot to be utilized for a shopping village shall have a minimum
area of 80,000 square feet.
d.
A building in a shopping village shall have a maximum height of 35
feet above grade level.
e.
Buffers. Where a shopping village is bounded by properties zoned
for residential use there shall be a buffer of 25 feet between such
boundary and any structure, parking lot or driveway constructed on
the shopping village property. The buffer shall be landscaped in accordance
with the requirements of the site plan ordinance.
f.
Any building constructed as a part of a shopping village shall have
a minimum heated floor area of 1,200 square feet, not less than 800
square feet of which shall be on the first floor.
g.
Parking spaces and parking service aisles shall be set back a minimum of 20 feet from the front property line and 10 feet from any building in a shopping village and in accordance with section 13-19.
h.
Building coverage in a shopping village shall not exceed 20% of the
total area.
i.
The fronts of structures and the fronts of individual use units within
structures shall, where possible, face one another and shall not face
the front property line.
j.
There shall be a minimum of four principal uses incorporated in a
shopping village.
[Ord. #79-10; Ord. #81-07, S5; Ord. #02-02, S1; Ord. #2010-14]
a.
Executive and/or administrative offices of business, research, industrial
and manufacturing uses.
b.
Executive and/or administrative offices of banking, professional
and governmental uses.
c.
Research laboratories provided that no operation shall be conducted,
or equipment used, which would create hazardous, noxious or offensive
conditions beyond the boundary of the property involved.
d.
General aviation.
e.
Industrial plants of a type which create no hazardous, noxious or
offensive conditions beyond the boundary of the property involved,
and carry on processes within completely enclosed buildings, including:
1.
The manufacturing, assembly, extruding and/or treating of articles
or merchandise from previously prepared materials, such as: canvas,
cloth, cork, fur, wood, glass, leather, paper, plastic, rubber, metal,
stone, shell and wax.
2.
The manufacturing and/or assembly of toys, novelties, rubber molded
products, rubber or metal stamps and other molded products.
3.
The manufacturing and/or assembly of electrical appliances, electrical
instruments and component parts, radios, televisions and phonographs.
f.
Indoor commercial recreation (skating rink, tennis, health facilities).
g.
Wholesale distribution, including warehousing or storage of goods.
h.
Accessory retail uses.
i.
More than one professional use may be located in one building.
j.
Agricultural uses.
k.
Public uses.
l.
Uses permitted in the HC zone district.
Incidental pilot plants wholly within the confines of the principal
structure, accessory to research laboratories, not to exceed 10% of
the floor area of the principal structure.
Any use not specifically permitted is prohibited.
Every lot in this district shall meet the following standards.
a.
Minimum lot area - two acres.
b.
Minimum lot width at street line - 250 feet.
c.
Minimum front yard from the street line - 100 feet.
d.
Minimum side yard from the lot line - 50 feet each.
e.
Minimum rear yard from the lot line - 50 feet.
f.
Maximum building coverage - 20% of total lot area.
g.
Minimum floor area - 2,500 square feet.
No building or structure in the LI district shall exceed 35 feet in height except as provided in subsection 13-13.16.
a.
One space per each 200 square feet of gross floor area for office
use or accessory retail use.
b.
One space per 400 square feet of gross floor area constructed in
accordance with subsection 16-5.9 and this code.
c.
In warehousing and industrial uses where application of the foregoing
requirement would be impracticable, the land use board may permit
a reduction in the amount of parking area actually constructed but
shall require at least one parking space per employee assigned to
the site and one parking space for each vehicle owned and operated
by the site. A reserve area shall be provided for the balance of the
required parking. Site grading, drainage and landscape to be shown
on the site plan for the reserve area.
d.
There shall be provided sufficient off-street parking to accommodate
the maximum demand without use of on-street curbside spaces, driveways,
lawn area or other areas not designated and constructed as off-street
parking spaces.
See section 13-19.
The following use may be permitted as a conditional use, subject to the conditions and procedures set forth in section 13-24.
[Ord. #79-10; Ord. #81-07; Ord. #91-07; Ord. #2009-05; Ord.
#2010-14]
a.
Laboratories of an experimental, research or testing nature provided
that no operation shall be conducted or equipment used which would
create hazardous, noxious or offensive conditions beyond the boundary
of the property involved.
b.
Industrial plants of a type which create no hazardous, noxious or
offensive conditions beyond the boundary of the property involved
and carry on processes within completely enclosed buildings, including:
1.
The manufacturing, assembly and/or treatment of articles or merchandise
from previously prepared materials such as: canvas, cloth, cork, fur,
wood, glass, leather, paper, plastic, metals, stone, shell and wax.
2.
Manufacturing and/or assembly of toys, novelties, rubber or metal
stamps, and other molded products.
3.
Manufacturing and/or assembly of electrical appliances, electronic
instruments and component parts, radios, televisions and phonographs.
c.
Soil removal operations.
d.
Lumber, coal, fuel storage and distribution yards, warehouses, wholesale
distribution centers, manufacturing plants, contractor's storage yards
and public utility storage yards and other similar warehouses and
storage yards.
e.
Primary processing industries such as: bulk metal processing and
casting, extrusions of shapes, galvanizing, bulk plating, production
of pharmaceuticals.
f.
Mass unit production operations.
g.
Agricultural uses.
h.
Truck terminals, automotive repair garages, service stations body
shops, and metal working and welding operations.
i.
General aviation.
k.
Any other use that is determined by the board of adjustment to be
of the same general character as the above permitted uses.
No building or structure in the I zone district shall exceed a height of 40 feet, except as provided in subsection 13-13.16.
Every lot in this district shall meet the following standards:
a.
Minimum lot area - five acres.
b.
Minimum lot width - 250 feet at the street line.
c.
Minimum lot depth - 275 feet from the street line.
d.
Minimum side yard - 40 feet each from the lot line.
e.
Minimum front yard - 65 feet from the street line.
f.
Minimum rear yard - 40 feet from the lot line.
g.
Maximum building coverage - 30% of the total lot area.
See section 13-19.
See section 13-19.
The following use may be permitted as a conditional use, subject
to the conditions and
[Ord. #86-19; Ord. #94-10]
[1]
Editor's Note: Figures 1, through 6, included as an attachment to this chapter, contain graphic depictions of various construction standards in the airport hazard district.
Except as may be specifically prohibited by this section, permitted
uses within this zone are as follows:
a.
Uses permitted in the industrial zone district in that portion of
the zone district designated for those uses on the official zoning
map of the Township of Wantage.
b.
Uses permitted in the highway-commercial zone district in that portion
of the zone district so designated for those uses on the official
zoning map of the Township of Wantage.
c.
Open space.
d.
Agricultural uses.
e.
An airport.
Pursuant to N.J.A.C. 16: 62-1.1 et seq. the following uses are
prohibited in the airport hazard district:
a.
Residential (dwelling units);
b.
Planned unit developments and multi-family dwellings;
c.
Hospitals;
d.
Schools;
e.
Above ground bulk tank storage of compressed flammable or compressed
toxic gases and liquids;
f.
Within the runway and subzones only, the above ground bulk tank storage
of flammable or toxic gases and liquids.
g.
Uses that may attract massing birds, including landfills;
h.
Above grade major utility transmission lines and/or mains.
a.
Pursuant to N.J.A.C. 16: 62-1.1 et seq., the following vertical (height) limits are established as maximum height limits for any vertical development, including any structure, road or tree or other object of natural growth, in the airport hazard district, except where sections 13-9 and 13-12 of this chapter shall establish lesser height restrictions. For purposes of this regulation, a public road shall be considered a fifteen-foot vertical development and a private road a ten-foot vertical development.
b.
Vertical development standards are vertical standards measured in
respect to elevations whose datum is the horizontal plane established
by runway elevations. For example, if a point in an airport hazard
area permits at a specific point development up to "X" feet, that
means "X" feet above the runway horizontal plane and not "X" feet
above the natural grade of the land at that point in the airport hazard
area.
c.
The vertical standards within the runway subzone of an airport hazard
area are determined first by establishing the elevations at the runway
center-lines at the ends of the runway subzone of the airport hazard
area. From those elevations at the runway subzone ends, a line is
run 90° outward from each side of the runway centerline for a
distance of 125 feet. Within the area defined by those four points,
no development is allowed above the natural grade of the soil except
for runway and flight safety equipment.
1.
The vertical standards within the remainder of the runway subzone
of an airport hazard area are determined by establishing places from
the edges of the longitudinal zero foot development restriction line
established in paragraph b above which slope upward at a rate of seven
feet horizontally to one foot vertically. This upward plane ceases
when it reaches the outer longitudinal borders of the runway subzone
of any airport hazard area at the elevation of 150 feet above its
starting point at the longitudinal zero foot development line.
2.
The methodology used to establish the vertical standards within the
runway subzone of an airport hazard area is further graphically depicted
in Figure 5[1].
[1]
Figure 5 is included as an attachment to this chapter.
d.
The vertical standards within the runway end subzone of an airport
hazard area are determined by first establishing a place with a rising
slope of one foot upward to 20 feet outward from the end of the runway
end subzone. This plane is bisected by the extended runway centerline
and is 250 feet in total width at its innermost dimension and widens
uniformly along its 3,000-foot length so as to have a total width
of 850 feet at its outermost dimension where it intersects with the
outer most portion of the runway end subzone at the elevation of 150
feet above its starting point at the zero foot development line.
Every lot in the AH-airport hazard district shall meet the following
standards:
a.
Lots within the airport hazard zone district designated for highway
commercial uses on the official zoning map shall meet the area and
yard requirements applicable to the highway commercial zone district
as set forth in this zoning chapter.
b.
Lots within the airport hazard zone district designated for industrial
uses on the official zoning map shall meet the area and yard requirements
applicable to the industrial zone district as set forth in this zoning
chapter.
Every lot in the AH-airport hazard district shall meet the following
standards:
a.
Lots within the airport hazard zone district designated for highway commercial uses on the official zoning map shall meet the height requirements applicable to the highway commercial zone district and set forth in this zoning chapter except that if the vertical development (height) standards contained in sub-section 13-12A.1 et seq. are more stringent, the more stringent standards shall apply.
b.
Lots within the airport hazard zone district designated for industrial uses on the official zoning map shall meet the height requirements applicable to the industrial zone district and set forth in this zoning chapter except that if the vertical development (height) standards contained in subsection 13-12A.1 et seq. are more stringent, the more stringent standards shall apply.
Every lot in the AH-airport hazard district shall meet the following
standards:
a.
Lots within the airport hazard zone district designated for highway
commercial uses on the official zoning map shall meet the off-street
parking requirements, off-street loading requirements and sign requirements
applicable to the highway commercial zone district and set forth in
this zoning chapter.
b.
Lots within the airport hazard zone district designated for industrial
uses on the official zoning map shall meet the off-street parking
requirements, off-street loading requirements and sign requirements
applicable to the industrial zone district and set forth in this zoning
chapter.
a.
Conditional uses enumerated.
1.
All residential land uses which existed at the date of the adoption
of this chapter are hereby classified as conditional uses.
3.
For such pre-existing land uses, a property owner may seek and the
applicable reviewing municipal board may grant, on a one-time basis,
up to 10% expansion of such a conditional use without having to obtain
a permit from the Commissioner of Transportation pursuant to N.J.A.C.
16:62-9.1 et seq. However expansion of a vertical development not
in conformance with this section may be implemented only after the
granting of a permit from the Commission of Transportation pursuant
to N.J.A.C. 16:62-9.1 et seq.
b.
Any uses which will create the concentration of persons within the
air hazard zone of over 1,000 persons shall be conditional uses and
shall meet the following condition:
1.
No use within the air hazard zone shall create the unwarranted concentration
of persons within the air hazard zone to such an extent that the concentration
constitutes an air hazard or constitutes a danger to the health, safety
or welfare of the persons concentrate within the zone.
[Ord. #79-10; Ord. #81-07; Ord. #2009-05]
a.
Within any residential district, no building with permitted professional,
office, or other home occupation, shall be constructed or altered
so as to be inharmonious with the residential character of the adjacent
residential areas.
b.
Store front types of construction within any residential district
is prohibited.
Any uses not specifically permitted in a zoning district established
by this chapter are hereby expressly prohibited from that district.
All principal buildings in all districts may be clearly identified
as to house number or street number by means of a small unobstructed
sign clearly visible and legible from the main abutting street.
Nothing herein provided shall be so construed as to prohibit
the owner of lands within any area threatened by flood from lawfully
filling, draining, constructing levies and bulkheads, or otherwise
improving their land with clean fill so as to eliminate or reduce
the danger of flood or the erosion of soil so long as it is done in
compliance with any Federal, State, county or local regulations governing
drainage rights of way.
No person shall occupy or let to another for occupancy any dwelling
unit, hotel room, motel room or apartment, for the purpose of living
therein, which does not comply with the sanitary code and housing
code of the township.
The disposal of garbage and/or trash shall be in accordance
with all standards and specifications set forth by the New Jersey
State Department of Health. Open dumps and the open burning of refuse
shall not be permitted in any district.
No open space provided around any principal building for the
purpose of complying with the front, side, rear or other yard provisions
of this chapter shall be considered as providing open space for meeting
the same requirements for another principal building.
The control and regulations of the nature and extent of uses
of structures as herein provided shall apply equally to the nature
and extent of the use of land.
It shall be unlawful to locate, relocate, erect, construct,
reconstruct, enlarge, or structurally alter any building, or structure
except in conformity with the regulations of the district in which
such building or structure is located.
It shall be unlawful to use any land or building for any purpose
other than is permitted in the zone district in which such land or
building is located.
No open space contiguous to any building shall be encroached
upon or reduced in any manner except in conformity to the yard, lot,
lot area, building location, percentage of lot coverage, offstreet
parking space, and such other regulations designed elsewhere in this
chapter for the zone district in which the building or space is located.
In the event of any such unlawful encroachment or reduction, such
building shall be deemed a violation of this chapter and the certificate
of occupancy for such building shall become null and void.
No lot used for single family detached housing may contain more
than one principal structure.
No dwelling shall be constructed or moved in front of or in
the rear of a building on the same lot.
Disabled or nonregistered vehicles may not be stored except
in an enclosed building in any zone district.
The height provisions of this chapter shall not apply to the
erection of building appurtenances such as church spires, belfries,
towers or flagpoles designed exclusively for ornamental purposes.
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.
Nothing in this chapter shall prevent the erection above such 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.
Where a building permit has been issued, the construction official may allow a nonconforming use incidental to construction projects on the same premises; such as storage of building supplies and machinery, and/or the assembly of building materials, the placement of storage buildings and temporary office structures. Where such uses have been allowed by the construction official, permits, pursuant to subsection 13-25.6 shall be issued and shall expire at the completion of the construction project or within one year, whichever occurs first.
Pursuant to subsection 13-25.6, the appropriate officials may permit the erection and maintenance of temporary structures or buildings for the conduct of permitted uses where such permitted uses have been interrupted by reason of fire or other casualty. Such temporary use permit shall expire at the time the necessary repair or reconstruction of the permanent structures or buildings has been accomplished or within one year, whichever occurs first.
The pursuit of horticultural, agricultural and animal husbandry
are farming activities which are hereby recognized as a natural right
which is entitled to be protected and entitled to be conducted and/or
established as permitted by the terms of the township zoning ordinance
and these pursuits also include the following activities under the
general heading of "Right to Farm."
a.
The right to farm includes:
1.
The producing, from the land, agricultural products such as, but
not limited to, vegetables, greens, hay, fruit, fibers, wood, plants,
shrubs, flowers and seeds.
2.
The use of land for the grazing by animals.
3.
The use of irrigation pumps and equipment. A priority water use for
agriculture, second only to human consumption and household needs,
is hereby recognized.
4.
The clearing of woodlands to expand production, the alteration of
vegetation and terrain, the installation of physical facilities for
soil and water conservation and the harvesting of timber.
5.
The right and ability to market a particular farms output onsite.
Including the construction of buildings and parking areas for farm
markets and "U-pick" marketing and sales.
6.
The on-site handling and disposal of organic wastes and materials
in accordance with acceptable management practices and the ability
to replenish soil nutrients as recommended by the New Jersey Agricultural
Experimental Station.
7.
The ability to use Federally approved products, in accordance with
labeled instructions, as recommended by the New Jersey Agricultural
Experimental Station, the U.S. Environmental Protection Agency, for
the control of pests and diseases affecting plants and livestock and
for the control of weed infestation and the aerial and ground seeding
and spraying on farms in accordance with acceptable management practices.
8.
The right and ability to conduct farming activities on holidays.
Sundays and weekdays, in the evening and during the day, notwithstanding
the production thereby of normal noise, dust, odors and fumes that
are caused by such necessary activities when conducted in accordance
with generally accepted agricultural practices.
b.
The aforegoing rights are subject to the restrictions and regulations
of State and township health and sanitary codes, and in addition thereto,
the restrictions and regulations of the State Department of Environmental
Protection and the Federal Environmental Protection Agency.
[Added 9-27-2018 by Ord. No. 2018-11]
a.
The
operation of retail marijuana establishments, which includes retail
marijuana stores, retail marijuana growing and cultivation facilities,
retail marijuana products manufacturing facilities, and retail marijuana
testing facilities; and the operation of retail marijuana social clubs
are prohibited within the Township of Wantage and, therefore, all
activities related to the abovementioned uses such as, but not limited
to, growing and cultivation, possession, extraction, manufacturing,
processing, storing, laboratory testing, labeling, transporting, delivering,
dispensing, transferring and distributing are expressly prohibited
within the Township of Wantage.
b.
Medical
Use of Marijuana. This subsection shall not be construed to limit
any privileges or rights of a qualifying patient, primary caregiver,
registered or otherwise, or registered dispensary pursuant to the
New Jersey Compassionate Use Medical Marijuana Act, N.J.S.A. 24:61-1.
[Added 12-23-2021 by Ord. No. 2021-19]
Digital signage shall be permitted in conformance with the below
regulations:
a.
Digital signage shall only be permitted for schools, firehouses,
first aid squads, public libraries and state, county and local governments.
b.
For the purposes of this section only, "schools" are defined as public,
private and parochial schools recognized and licensed by the New Jersey
Department of Education and have as their prime purpose the general
education of students in a full curriculum in the arts and sciences
and do not include preschools, day care, trade schools, or correctional,
health or any other institution not primarily concerned with the general
education of students in the arts and sciences.
c.
When digital signage is permitted on sites where other uses/activities are also occurring, the digital sign shall only advertise the activities associated with and needed by the uses permitted in Subsection 13-13.21a above.
d.
Only one digital sign display area shall be permitted per sign structure.
e.
Digital signage shall only be permitted on freestanding signs.
f.
No digital sign or digital sign display area or portion thereof shall
rotate, move, blink, scroll, flash, produce noise or smoke or give
the illusion of movement.
g.
No digital sign shall be erected so as to cause any visual obstruction
to traffic or impair traffic control devices.
h.
The minimum display duration shall be one minute.
i.
There shall be no visual special effects of any kind during the transition
between successive messages. The screen shall transition from one
message to the next with no perceptible dimming, swiping or blanking
of the display, and with no visible effects such as fade, dissolve,
or other animated transition methods. The change in message shall
consist of a seamless, imperceptible transition from one image to
the next.
j.
Message sequencing shall be prohibited. "Message sequencing" is a
term used to describe a single thought, idea, concept, message, or
advertisement for a product or service that is divided into segments
and presented over two or more successive display phases of a digital
sign or across two or more individual signs.
k.
Digital signage shall not advertise or publicize any activity, use,
business, product, real estate or service not located or conducted
on the premises upon which such signs are located unless specifically
permitted by other provisions of this chapter.
l.
Digital signage shall be equipped with a sensor that automatically
determines the ambient lighting conditions and programmed to automatically
dim the digital display according to ambient light conditions such
that the digital sign illumination is no greater than 0.3 footcandle
over ambient lighting conditions.
m.
Digital signage shall not shall not be larger than 32 square feet,
including frames and nondigital areas.
[Ord. #2006-09]
The purpose of the community design standards is to establish
safe functional development with a scale and character consistent
with the State plan smart growth policies. Sussex County Strategic
Growth Plan, goals and objectives of the Master Plan and the rural
features of the township. The standards provide a framework to ensure
sound planning and site design that further the purposes of the Municipal
Land Use Law, the Master Plan, while promoting the protection of the
public health, safety and general welfare in Wantage Township.
a.
Site design-spatial requirements.
1.
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.
2.
Alignment of buildings. The alignment of the major access of a building
shall be related to the orientation of adjacent buildings and street.
3.
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 district.
4.
Building setbacks from the street shall form a continuous building
wall. Varied setbacks may be introduced in an overall development
plan approved by the land use board after specific findings of the
board.
5.
Exterior public spaces are required and shall be arranged to provide
a defined sense of enclosure at a human scale.
b.
Architectural requirements. There shall be a consistent architectural
theme. Site features shall relate to the general theme including signs,
light poles and fixtures, benches, trash receptacles and other elements.
1.
Materials, texture and color. Materials for new construction shall
be similar to the types of and textures of materials in the area.
Renovations, restoration and maintenance work should match existing
materials.
2.
Architectural elements and features. Architectural features, including
but not limited to, cornices, windows, doors and trim, prevailing
in the immediate area are important. Details and architectural elements
shall reinforce the established architectural theme and shall be included
in drawings submitted for review by the land use board.
3.
Continuity of architecture and site details. The design continuity
and ornamental metal work, steps, walkways, planting beds and landscaping
are especially critical to the character of the district.
4.
Mechanical equipment and roof projections. Exterior mounted mechanical
and electrical equipment, exposed to public view shall be architecturally
screened. Roof mounted equipment and projections should be painted
the same color as the roof.
5.
Building massing and scale.
(a)
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.
(b)
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 land use board.
(c)
Roofs. All buildings shall have pitched roofs, except where
technical considerations require a flat roof or where a detailed cornice
treatment reflecting an historical or cultural style is used. Roof
shape (flat, hip, mansard or gable) and material shall be architecturally
compatible with the rest of the building.
(d)
Individual commercial retail and office buildings shall be designed
to reflect the pedestrian scale of a typical Main Street shopping
area.
(e)
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 greatest architectural emphasis.
(f)
All buildings shall also be harmoniously related to the existing
and proposed road network and other civic spaces. Pedestrian linkages
to adjacent neighborhoods are required.
c.
Parking/circulation.
1.
Shade trees shall be provided along the streets and in parking areas.
All trees in parking areas impacting vehicular traffic shall have
all branches removed below seven feet to assure good sight distance.
2.
Interior parking lot islands should be designed so as to channel
traffic in accordance with an approved circulation design.
3.
Shared parking arrangements should be encouraged with adjacent commercial
uses and existing parking areas of noncommercial uses.
4.
Perimeter landscaping is required to buffer and enhance the appearance
of the parking areas.
5.
Utilize concrete pavers to define pedestrian spaces and cross walks.
This will provide a human scale, while enhancing safety.
d.
Streetscape criteria.
1.
Decorative lighting shall be installed along the streets consistent
with land use board previous approvals to provide lighting for the
pedestrians and to establish a vertical architectural element.
2.
Sidewalks shall be maintained in good condition with depressed curbs
for strollers and ease of walking. A twelve-foot to fifteen-foot wide
sidewalk should be maintained in front of retail stores and restaurants
when appropriate. Properly designed outdoor dining/cafe areas would
enhance the atmosphere of the streetscape. Residential areas shall
have a five-foot sidewalk.
3.
A utility strip of concrete pavers as required by the board shall
be installed between the curb and the sidewalk at a width of three
feet to define the district and to provide a safer walking surface.
This will create an area for trees and utilities to be located to
permit efficient maintenance.
4.
Site furniture including benches, planters and trash receptacles
will establish a character and human scale for the businesses and
their patrons and shall be provided as directed by the land use board.
5.
Crosswalks should be emphasized to establish a safe walking environment.
The design standards apply to multi-family structures to ensure,
that the development advances the purposes of the Municipal Land Use
Law and the goals and objectives of the Master Plan.
a.
Site design-spatial requirements.
1.
The organization of buildings, streets, driveways, parking areas
and other site components shall have a functional relationship and
be compatible with existing site features and adjacent areas.
2.
Alignment of buildings. The alignment of building access shall relate
to the orientation to the adjacent buildings, street and parking areas.
3.
Site elements such as fences, walls, lighting, landscaping shall
relate to the adjacent parcels to establish a visual continuity in
the township.
4.
Recreation areas, public space and open space shall be designed to
inter-relate with adjacent parcels and shall be arranged to advance
the goals of the Master Plan.
b.
Architectural requirements. The building architecture shall compliment
the site features and elements.
1.
Exterior materials and finishes shall consist of horizontal siding,
brick, stone and other traditional materials.
2.
Roofs shall have a pitch of not less than 7/12. Rooflines shall be
broken by gables, dormers, architectural chimneys, etc.
3.
Multi-family dwellings shall have a patio or balcony of at least
30 square feet per unit with visual screening for privacy.
4.
Interior and exterior storage shall be provided for garbage, bicycles,
barbecues, etc.
5.
Housing units shall be arranged to assure safety and security for
the residents and visitors.
6.
Mechanical equipment shall be screened from view and located away
from bedrooms.
[Ord. #79-10; Ord. #2005-13; Ord. #2010-08; Ord. #2010-13;
Ord. #2011-12; Ord. #2011-13; Ord. #2011-16]
No accessory building or structure, except for agricultural
purposes, may be built or located upon any lot on which there is no
principal building or structure; and such structures shall comply
with the following requirements.
Accessory buildings or structures in the business and industrial
zone districts shall not exceed the height regulations of the principal
structure. In the agricultural and residential zones, no accessory
building or structure shall exceed 20 feet in height, except for agricultural
purposes.
Accessory buildings or structures in all zones shall be at least
10 feet from any principal building situated on the same lot, unless
an integral part thereof, and shall be at least six feet from any
other accessory building or structure.
Accessory buildings or structures on corner lots may not be
erected nearer to the street than the front yard required on the adjacent
lot.
a.
Accessory buildings which are attached to the principal building
become a part of the principal building and shall comply with all
requirements for principal buildings.
b.
The minimum distance of any accessory building from any property
line shall be 10 feet.
c.
No accessory building shall be located in the front yard area.
a.
The primary purpose of a small wind energy system, as defined in section 13-2, will be to provide power for the principal and accessory uses on the property but shall not be used for the generation of power for commercial purposes. This provision shall not be interpreted to prohibit the sale of any excess power generated from a wind energy system. For the purpose of this subsection, the sale of excess power shall be limited to generate no more energy for sale than what is otherwise necessary to power the uses on the property on a daily basis.
b.
Small wind energy systems shall only be permitted as an accessory
use and located on the same lot as the principal use. All energy systems
require site plan approval from the land use board prior to installation.
Applications for an energy system shall include information demonstrating
compliance with the provisions of this subsection. Further since it
is important to preserve the scenic beauty of the township's ridgelines
as commonly understood, the land use board shall make the final selection
as to the location of wind turbines taking into consideration ridgelines,
scenic vistas, the size of the turbine proposed, the location of the
residence and other structures on the property, nearby residences
and other pertinent factors. Tree removal on slope plateaus or ridge
faces shall be subject to a tree management plan which shall be approved
by the township. No small wind structures shall be erected which would
lie atop the crest of an unwooded hill or plateau. Structures may
be erected on hilltops or plateaus only where such hills or plateaus
are substantially wooded by trees of at least 35 feet in height and
would remain that height or higher by either an approved tree management
plan and/or appropriate conservation restrictions regulating the use
of the property.
c.
A small wind energy system shall be permitted in the RE-5, HC, NC,
I, LI and AH zoning districts and is subject to the following requirements:
1.
Minimum lot size. The minimum lot size for a small wind energy system
shall be five acres.
2.
Setbacks. The support tower for a small wind energy system shall
be set back from any property line, easements, or utility lines a
distance of 250 feet and from any principal structure a distance of
150 feet.
3.
Small wind energy systems shall not be permitted in any front yards,
unless in the opinion of the land use board the front yard is the
most suitable place, based upon topographic conditions.
4.
Maximum height. The maximum height of the wind turbine shall not
exceed a height of 120 feet and the height shall include the height
of the blade at its highest point. Any approved tower must be monopole
construction.
5.
No more than one wind turbine shall be permitted on any parcel of
property.
6.
Wind turbines shall not be allowed as rooftop installations.
8.
Electrical wires. All electrical wires associated with a small wind
energy system, other than wires necessary to connect the wind generator
to the tower wiring, the tower wiring to the disconnect junction box,
and the grounding wires shall be located underground.
9.
Lighting. A wind tower and generator shall not be artificially lighted
unless such lighting is required by the Federal Aviation Administration,
and is subject to planning board or board of adjustment approval as
part of the site plan application.
10.
Appearance, color, and finish. The wind generator and tower
shall be finished so as to minimize their visual impact on the surrounding
landscape.
11.
Signs. All signs, other than the manufacturers or installer's
identification, appropriate warning signs, or owner identification
on a wind generator, tower, building, or other structure associated
with a small wind energy system visible from any public road shall
be prohibited.
12.
Code compliance. A small wind energy system shall comply with
all applicable construction and electrical codes, and the National
Electrical Code.
13.
Utility notification and interconnection. Small wind energy
systems that connect to the electric utility shall comply with the
New Jersey's Net Metering and Interconnection Standards for Class
I Renewable Energy Systems.
d.
Design criteria.
1.
Small wind energy systems shall be designed with an automatic brake
or other similar device to prevent over-speeding and excessive pressure
on the tower structure.
2.
All moving parts of the small wind energy system shall be a minimum
of 35 feet above ground level.
3.
The blades on the small wind energy system shall be constructed of
a corrosive resistant material.
e.
Noise. All wind energy systems shall comply with the following:
1.
Between a residential use or zone, sound levels of the wind energy
system shall not exceed a 55 dBA at a common property line and 50
dBA to the closest occupied structure.
2.
In all other cases at a common property line sound levels of the
wind energy system shall not exceed 65 dBA.
3.
These levels may be exceeded during short-term events such as utility
outages and/or severe windstorms, for a maximum of four hours.
f.
Electromagnetic interference.
1.
If documentation is provided that indicates that the installation
is causing electromagnetic interference to any abutting property,
the installation shall be deemed a public nuisance which nuisance
shall be corrected within 90 days of receipt of a notice of violation.
If the electromagnetic interference cannot be remedied, the installation
shall be removed or relocated, as appropriate.
g.
In addition to a site plan approval for a small wind energy system,
a zoning permit and building permit shall be required for the installation
of a small wind energy system. Documents required for a zoning permit
shall include the following:
1.
Survey of the property.
2.
Location, dimensions (including height) of existing major structures
on the property.
3.
Location, dimension and type of proposed energy system including
all structures accessory to the system.
4.
Proof of notification of the utility company for interconnection
purposes.
5.
Other documents and plans containing enough information concerning
the installation of the system for the zoning official to make a formal
decision concerning conformance with the ordinance standards. The
amount and accuracy of information provided shall be in the judgment
of the zoning official.
h.
Abandonment.
1.
A small wind energy system that is out of service for a continuous
twelve-month period will be deemed to have been abandoned.
2.
The zoning office shall issue a "notice of abandonment" to the owner.
The notice shall be sent via regular mail and certified mail return
receipt requested to the owner of record.
3.
Any abandoned system shall be removed at the owner's sole expense
within six months after the owner receives the "notice of abandonment"
from the municipality. If the system is not removed within six months
of receipt of notice from the Township notifying the owner of such
abandonment, the township may remove the system as set forth below.
4.
When an owner of a wind energy system has been notified to remove
same and has not done so six months after receiving said notice, then
the township may remove such system and place a lien against the property
for the cost of the removal. If removed by the owner, a demolition
permit shall be obtained before the facility is removed. Upon removal,
the site shall be cleaned, restored, and revegetated to blend with
the existing surrounding vegetation at the time of abandonment.
i.
Notice. Notice of hearings for consideration of small wind energy
systems by the land use board shall be given of the application in
accordance with N.J.S.A. 40:55D-10.
j.
Fees and escrows shall be in accordance with applicable ordinances.
a.
The primary purpose of a minor solar energy system, as defined in section 13-2, will be to provide power for the principal and accessory uses on the property but shall not be used for the generation of power for commercial purposes. This provision shall not be interpreted to prohibit the sale of any excess power generated from a solar energy system. For the purpose of this subsection, the sale of excess power shall be limited to generate no more energy for sale than what is otherwise necessary to power the uses on the property on a daily basis.
b.
Minor solar energy systems shall only be permitted as an accessory
use and located on the same lot as the principal use. All minor solar
energy systems require site plan approval from the land use board
prior to installation. Applications for a minor solar energy system
shall include information demonstrating compliance with the provisions
of this subsection. Further since it is important to preserve the
scenic beauty of the township's ridgelines as commonly understood,
the land use board shall make the final selection as to the location
of solar panels taking into consideration ridgelines, scenic vistas,
the location of the residence and other structures on the property,
nearby residences and other pertinent factors. Tree removal on slope
plateaus or ridge faces shall be subject to a tree management plan
which shall be approved by the township. No solar structures shall
be erected which would lie atop the crest of an unwooded hill or plateau.
Structures may be erected on hilltops or plateaus only where such
hills or plateaus are substantially buffered by trees of at least
35 feet in height and would remain that height or higher by either
an approved tree management plan and/or appropriate conservation restrictions
regulating the use of the property.
c.
Minor solar energy systems shall be permitted in the RE-5, HC, NC,
I, LI, RC and AH zoning districts and are subject to the following
requirements:
1.
Minor solar energy systems shall not be permitted in any front yards,
unless in the opinion of the land use board the front yard is the
most suitable place, based upon topographic conditions.
2.
Access. All ground mounted electrical and control equipment shall
be labeled and secured to prevent unauthorized access.
3.
Utility notification and interconnection. Solar energy systems that
connect to the electric utility shall comply with the New Jersey's
Net Metering and Interconnection Standards for Class I Renewable Energy
Systems.
d.
Electromagnetic interference.
1.
If documentation is provided that indicates that the installation
is causing electromagnetic interference to any abutting property,
the installation shall be deemed a public nuisance which nuisance
shall be corrected within 90 days of receipt of a notice of violation.
If the electromagnetic interference cannot be remedied, the installation
shall be removed or relocated, as appropriate.
e.
Minor solar energy systems.
1.
Rooftop solar panel installations.
(a)
Solar panels shall be permitted as a rooftop installation in
any zoning district. The solar panels shall not exceed a height of
12 inches from the rooftop.
(b)
Panels installed in a rooftop configuration must be installed
not more than one foot beyond the actual boundaries or edges of the
roof.
(c)
The preferred location for solar panels installed in a rooftop
configuration is on the rear roof area except on any roof of a lakefront
lot. Solar panels installed on a rooftop configuration on the roof
of a structure located on a lakefront lot are preferred to be installed
on the front roof area. If the applicant makes a showing to the satisfaction
of the construction official that the rooftop configuration cannot
be installed on the rear roof area or the front roof they may be installed
on other appropriate roof areas.
2.
Ground mount solar panel installations.
(a)
Ground arrays shall not be permitted in the front yard.
(b)
Ground arrays shall be set back a minimum of 20 feet from side
or rear property lines in all residential zones or in conformance
with the required setbacks for accessory structures in nonresidential
zones.
(c)
Ground arrays shall be located so that any glare is directed
away from an adjoining property.
(d)
Ground arrays shall not exceed a height of 15 feet.
(e)
A solar energy system shall not add, contribute to, or be calculated
to cause an increase in impervious coverage for the purposes of conforming
to zone standards.
(f)
Buffering shall be provided within the twenty-foot setback as
deemed appropriate by the board.
f.
A zoning permit and building permit shall be required for the installation
of a minor solar energy system. Documents required for a zoning permit
shall include the following:
1.
Survey of the property.
2.
Location, dimensions (including height) of existing major structures
on the property.
3.
Location, dimension and type of proposed energy system including
all structures accessory to the system.
4.
Manufacturer solar energy system specification including manufacturer
and model.
5.
Proof of notification of the utility company for interconnection
purposes.
6.
Other documents and plans containing enough information concerning
the installation of the system for the zoning official to make a formal
decision concerning conformance with the ordinance standards. The
amount and accuracy of information provided shall be in the judgment
of the zoning official.
g.
Abandonment.
1.
A minor solar energy system energy system that is out of service
for a continuous twelve-month period will be deemed to have been abandoned.
2.
The zoning officer shall issue a "notice of abandonment" to the owner.
The notice shall be sent via regular mail and certified mail return
receipt requested to the owner of record.
3.
Any abandoned system shall be removed at the owner's sole expense
within six months after the owner receives the "notice of abandonment"
from the municipality. If the system is not removed within six months
of receipt of notice from the township notifying the owner of such
abandonment, the township may remove the system as set forth below.
4.
Upon removal, the site shall be cleaned, restored, and revegetated,
if necessary, to blend with the existing surrounding vegetation at
the time of abandonment.
h.
Notice. Notice of hearings for consideration of solar energy systems
by the land use board shall be given of the application in accordance
with N.J.S.A. 40:55D-10.
i.
Fees and escrows shall be in accordance with applicable ordinances.
a.
General regulations for outdoor wood furnaces.
1.
No person shall, from the effective date of this subsection, adopted
December 8, 2011, construct, install, establish, operate or maintain
an outdoor wood furnace other than in compliance with the applicable
subsections of this section.
2.
No person shall, from the effective date of this subsection operate
an existing outdoor wood furnace unless such operation conforms with
the manufacturer's instructions regarding such operation and maintenance,
and the requirements of this section regarding fuels that may be burned
in an outdoor wood furnace as set forth in paragraphs b,6 and b,7.
3.
All new outdoor wood furnaces shall be constructed, established,
installed, operated and maintained in conformance with the manufacturer's
instructions and the requirements of this subsection. In the event
of a conflict, the requirements of this subsection shall apply unless
the manufacturer's instructions are stricter, in which case the manufacturer's
instructions shall apply.
4.
The owner of any new outdoor wood furnace shall obtain a permit to
operate an outdoor wood furnace and submit the following documents:
(a)
The manufacturer's owner's manual or installation instructions
to the building department prior to installation.
(b)
Provide a location plan.
(c)
A signed affidavit in a form provided by the Township of Wantage
stating that the new outdoor wood furnace is being installed to the
specifications stated for the unit being utilized and acknowledging
the township, county and State regulations for operation of the unit
and potential for fines if operation does not meet township, county
and State regulations.
5.
All new outdoor wood furnaces shall be laboratory tested and listed
to appropriate safety standards such as UL, CAN/eSA, ANSI or other
applicable safety standards and meet emission limits of EPA OHH Phase
2 Program.
6.
Nuisance. If an existing outdoor wood furnace is, through the course
of a proper investigation by local or State authorities, creating
a verifiable nuisance, as defined by ordinance or law, the owner shall
be required to take the following steps at the direction of the building
department or code enforcement officer of Wantage Township:
(a)
Modifications made to the unit to eliminate the nuisance such
as extending the chimney or relocating the outdoor wood furnace or
both, as specified in this subsection.
(b)
Cease and desist operating the unit until reasonable steps can
be taken to ensure that the outdoor wood furnace will not be a nuisance.
(c)
Demonstrate that the outdoor wood furnace is installed in compliance
with manufacturer's instructions.
7.
The sale or transfer of any property with an existing outdoor wood
furnace shall be required to obtain a permit to operate as defined
in paragraph a,4 of this subsection. The furnace unit shall be removed
or rendered inoperable until an inspection of the furnace is conducted
and operation of the furnace in accordance with manufacturer instructions
is verified.
b.
Lot size, setbacks, operation, and chimney height. Outdoor wood furnaces
shall be constructed, established, installed, operated and maintained
pursuant to the following conditions:
1.
The minimum lot size for a new outdoor wood furnace is 10 acres.
2.
The minimum setbacks for a new outdoor wood furnace are 500 feet
from any structure not located on the subject lot or adjacent property
building envelope, whichever is greater, and a minimum of 300 feet
from any property line.
3.
No outdoor wood furnace shall be located within 800 feet of the property
lines of a school, daycare, medical facility, park or public building.
4.
The location of any new outdoor wood furnace shall not be located
in front of the primary residence. For corner lots, this limitation
shall apply to both residential structure sides facing a roadway.
5.
The outdoor wood furnace shall be located on the property in compliance
with manufacturer's recommendations and or testing and listing requirements
for clearance to combustible materials.
6.
Fuel burned in any new or existing outdoor wood furnace shall be
only natural untreated wood, wood pellets, corn products, biomass
pellets or other listed fuels specifically permitted by the New Jersey
Department of Environmental Protection.
7.
Use of outdoor wood furnaces is prohibited between April 15 and October
15.
8.
The following fuels are prohibited in any new and/or existing outdoor
wood furnaces:
(a)
Wood that has been painted, varnished or coated with similar
material and/or has been pressure treated with preservatives and contains
resins or glues as in plywood or other composite wood products.
(b)
Rubbish or garbage, including but not limited to food wastes,
food packaging, food wraps.
(c)
Any plastic materials including but not limited to nylon, PVC,
ABS, polystyrene or urethane foam, and synthetic fabrics, plastic
films and plastic containers.
(d)
Rubber, including tires or other synthetic rubber-like products.
(e)
Newspaper, cardboard, or any paper with ink or dye products.
(f)
Any other items not specifically allowed by the manufacturer
or this provision.
9.
Chimney heights for any new outdoor wood furnace model.
(a)
The chimney of any new outdoor wood furnace shall extend at
least two feet above the peak of any residence not served by the outdoor
wood furnace located within 500 feet of such outdoor wood furnace.
(b)
If located more than 500 feet from any residence not served
by furnace, the stack height shall be in accordance with manufacturer's
instructions but in no case be less than five feet above the peak
roof line of the furnace unit.
10.
Outdoor wood-pellet furnaces that are specifically designed to burn
wood pellet fuel, corn or other biomass pellets with metered fuel
and air feed and controlled combustion engineering shall be installed
per the manufacturer's recommendations.
[Ord. #79-10; Ord. #86-03; Ord. #2003-07]
Any lawful nonconforming use or structure which existed on May
7, 1979, 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:
a.
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 chapter 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.
b.
A nonconforming use changed to a conforming use shall not thereafter
be changed back to a nonconforming use.
c.
A nonconforming use in existence on May 7, 1979 shall not be permitted
to be changed to another nonconforming use.
d.
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. Any subsequent
exercise of such abandoned nonconforming use shall be deemed a violation
of the terms of this chapter.
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
term of such permit.
Any nonconforming use or structure existing on May 7, 1979 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.
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 May 7, 1979.
The foregoing provisions of this chapter 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.
Any lot or plat as recorded at the time of passage of this section
that fails to comply with the minimum requirements of this section
may be used for any use not otherwise prohibited in such district
in which it lies provided that:
a.
Unimproved nonconforming lots. Notwithstanding any other provisions
of this section, any existing lot (as of August 15, 2003), (including
any vacant lot in the residential one zone (R-1)) of at least one
acre regardless whether there is any other adjoining land owned by
the owner of such lot, and which is nonconforming as to dimensions
or area, may be improved with a new building or structure, in accordance
with the use requirements of this section, provided that the minimum
setbacks shall meet the former R-1 zoning district requirements, including
the environmental constraints calculation, which are:
1.
Minimum lot width — 150 feet in the street line.
2.
Minimum lot depth — 200 feet from the street line.
3.
Minimum side yard — 30 feet each from the lot line.
4.
Minimum front yard — 40 feet from the street line.
5.
Minimum rear yard — 50 feet from the lot line.
6.
Maximum building coverage — 10% of total lot area.
7.
Minimum residential floor area — 1,000 square feet.
a.
The prospective purchaser, prospective mortgagee, or any other person
interested in any land upon which a nonconforming use or structure
exists may apply in writing for the issuance of a certificate stating
that the use or structure existed before the adoption of the ordinance
which rendered the use or structure nonconforming.
b.
Application pursuant hereto may be made to the zoning officer within
one year of the adoption of the ordinance which rendered the use or
structure nonconforming or at any time to the zoning board of adjustment.
c.
Such application shall contain the name and address of the applicant,
the nonconforming use so operated, the date on which the use commenced,
the tax lot and block number of its location, any buildings or structures
in which such use is contained or are necessary for the operation
of such use, and the numbers and types of equipment and/or vehicles
utilized in the operation of said use.
d.
The applicant shall have the burden of proof as to all matters alleged.
Where application is to the zoning officer it shall be in the form
of an affidavit and shall be notarized. Where application is made
to the zoning board of adjustment the application shall be processed
as in the case of all other applications to said board. Notice of
such application shall be given in accordance with the provisions
of N.J.S.A. 40:55D-12.
e.
If the zoning officer fails or refuses to issue a certificate he
shall notify the applicant in writing as to the reasons therefor within
45 days from the date of application. Such denial may be appealed
to the zoning board of adjustment in accordance with the provisions
of N.J.S.A. 40:55D-72, notice of which shall be given in accordance
with N.J.S.A. 40:55D-12.
[Ord. #79-10]
No service station shall have an entrance or exit for vehicles
within 200 feet along the same side of a street of any school, public
playground, church, hospital, public building or institution, except
where such property is in another block or on another street which
the lot in question does not abut.
No service station shall be permitted where any oil drainage
pit or visible appliance for any purpose (other than gasoline filling
pumps) is located within 20 feet of any street line or within 50 feet
of any residential district. All such appliances or pits, other than
gasoline filling pumps, shall be within a building. Gasoline pumps
shall be permitted within the required front yard space of service
stations, but shall be no closer than 15 feet to the street line.
There shall be a minimum of one-half mile between service stations
along the same side of any street. The distance shall be measured
between the nearest portions of the property lines of the two lots
in question.
In cases where a use permit shall be issued for the operation
of a service station or repair garage, no junk yards or premises used
for storage of junked motor vehicles or vehicles incapable of normal
operation shall be permitted within the township. It shall be deemed
prima facie evidence of violation of this chapter if more than six
motor vehicles incapable of operation are located at any one time
upon any premises not within a closed and roofed building excepting
however, that a number not exceeding eight motor vehicles may be located
upon any service station or repair garage premises, outside of a closed
or roofed building.
[Ord. #2009-05]
[1]
Editor's Note: Prior ordinance history includes portions of
Ordinance No. 79-10.
a.
Scope. This section covers the construction, erection and maintenance
requirements for signs and outdoor display structures with respect
to safety, size, attachment or anchorage, geographical location, height,
age, projection and other regulations.
b.
Definitions. For the purpose of this section, the following terms
and phrases shall have the meaning given herein:
1.
SIGN - Shall mean any device used to attract the attention of the
public for advertising purposes or message conveyance. The word sign
include letters, figures, drawings, lines, trademarks, photographs
and other markings encompassed within the area of the sign.
2.
AREA OF A SIGN - The area of a sign shall be computed by multiplying
the greatest vertical dimension by the greatest horizontal dimension
of the sign space. The framing or edging of the sign shall be considered
part of the sign area. For the purpose of calculation the sign permit
fee, the total area, including both faces of a double-faced sign is
included, but for calculating maximum area permitted, the area of
only one face of a double-faced sign is counted toward the maximum
area permitted.
3.
AWNING SIGN-CANOPY SIGN - Shall mean roof like covering extending
over a walkway, sidewalk or exterior place supported by a frame attached
to a building and/or ground with a surface made of fabric or more
rigid material and either retractable or fixed in place, covered by
any lettering, logo, or other characters, symbols or figures.
4.
BANNER -Shall mean any temporary sign printed or displayed upon cloth
or other flexible material.
5.
BILLBOARD SIGN - See "Off-site sign."
6.
DIRECTIONAL SIGN - Shall mean a sign of noncommercial nature which
directs the reader to the location of; public or educational institutions;
historical structures; historical areas, public parks, or public buildings.
7.
FREESTANDING SIGN - See "Pylon sign."
8.
DIRECTORY SIGN - Shall mean a sign which directs attention to a business
conducted on the premises or to a product sold or service supplied
by such business.
9.
GROUND SIGN - Shall mean a sign which is supported by one or more
upright or braces in or upon the ground.
10.
ILLUMINATED SIGN- All mean any sign having a source of light for
illumination either externally or internally or a combination of both.
11.
FACADE - Shall mean principal face of a building.
12.
OFFICIAL SIGN - Shall mean any sign erected and maintained by a Federal,
State, County, or local government agency for public purposes.
13.
OFF-SITE SIGN - Shall mean a sign which directs attention to a business,
commodity, service, entertainment or attraction sold, offered or existing
elsewhere than upon the same lot where such sign is displayed. The
term off-site shall include an outdoor advertising sign (Vehicle,
Billboard, Trailer, Utility Pole).
14.
NONCONFORMING SIGN - Shall mean any sign which exists, but does not
meet the requirement of this section, at the time of adoption of this
section.
15.
POLITICAL SIGN - Shall mean a sign related to any political event,
issue or campaign.
16.
PROJECTING SIGN - Shall mean a sign which is affixed to any building
and projecting beyond the building wall or parts thereof, structure,
building line or property line more than eight inches, but which is
not constructed or erected so as to extend above the roof line of
the structure to which it is affixed.
17.
PYLON SIGN (or freestanding sign) - Shall mean a structure in the
form of a tower or pier, the chief purpose of which is to attract
attention and display a sign.
18.
REAL ESTATE SIGN - Shall mean a temporary sign placed upon the property
for the purpose of advertising to the public the sale or lease of
said property.
19.
ROOF SIGN - Shall mean a sign erected, constructed and maintained
on or above the roof of any building or structure. Decorative facade
is not considered a roof if it is affixed to but separate from the
main building structure and serves an aesthetic purpose only.
20.
SIGN PERMIT - Shall mean a document obtained from the zoning official
upon payment of required fees, which grants permission to erect the
sign described therein.
21.
TEMPORARY SIGN - Shall mean a sign or advertising display constructed
of cloth, canvas, fabric, plywood, paper or other light material and
designed or intended to be displayed for a short period of time.
22.
WALL SIGN - Shall mean a sign which is affixed to or painted on an
exterior wall of any building, when such signs shall project not more
than 12 inches from the building wall of parts thereof. No wall sign
shall be constructed or erected above the roof line of the structure
to which it is affixed.
23.
WINDOW SIGN - Shall mean a sign which is affixed to the inside of
any window or glass portion of any door.
24.
SANDWICH OR A-FRAME SIGNS - Shall mean temporary signs placed upon
the property for the purpose of advertising items sold or services
supplied.
All signs, together with their supports, braces, guys and anchors,
shall be kept in good repair. All signs shall be so maintained that
their appearance is in keeping with the standards of Wantage Township
and does not constitute a blighting factor for adjoining property
owners.
a.
No sign shall be erected, constructed or maintained so as to obstruct
any fire escape, or any window, door or opening used as a means of
egress or for firefighting purposes, or so as to prevent free passage
from one part of a roof to any other part thereof. No sign shall be
attached in any form, shape or manner to a fire escape.
b.
All connections of signs to frame structures shall be by steel angle
plates properly secured to the building with bolts or lag screws.
No sign shall be secured with wood strips or light gauge wire. All
signs shall be constructed to resist a wind pressure of 50 pounds
per square foot. Other construction techniques are acceptable if approved
by the Construction Official.
c.
All electrical wiring to free standing signs shall be underground.
The following are prohibited:
a.
String banners, string flags, aluminum ribbons or similar attention-getting
devices, except as a temporary sign.
b.
Illuminated signs which flash, spell or display any portion intermittently, except as provided by Subsection 13-13.21.
[Amended 12-23-2021 by Ord. No. 2021-19]
c.
Tubing or stringing of lights outlining roof lines, doors, windows
or wall edges of any building, excluding seasonal decorations.
d.
Roof signs.
e.
Signs which are a menace to public safety or which obstruct the views
of any street, intersection or crosswalk.
f.
Signs placed on sidewalks or public right-of-ways.
g.
Revolving, rotating or moving signs.
h.
Freestanding pylon signs located in public rights-of-way or approved
sight easements.
i.
Signs that extend above the roof line of the structure to which it
is affixed.
j.
Temporary signs which are illuminated.
k.
Billboards.
l.
Any flashing, moving or animated or sequential lighted signs, except as permitted by Subsection 13-13.21.
[Amended 12-23-2021 by Ord. No. 2021-19]
m.
Any sign whose lighting or central mechanism causes radio or television
interference.
n.
Signs utilizing the colors red or green in their illuminations within
100 feet of a street intersection.
o.
Signs which resemble, simulate or may be mistaken for a traffic sign
within 20 feet of a roadway.
p.
Signs affixed to trees, rocks or other natural things.
q.
Signs affixed or painted on water towers or similar structures.
r.
Signs which obstruct motorists' vision, traffic signs or signals
or business identification signs outside the lot on which the business
is located.
s.
All billboards, signboards, advertising signs, vehicular signage,
bus shelters signage, or devices not expressly related to the business
being conducted on the premises.
Nothing in this section shall be deemed to restrict or prohibit
the erection, construction or maintenance within the Township of Wantage
of signs or markers for use in policing, directing or controlling
of traffic or parking when legally authorized by the State of New
Jersey and/or the County of Sussex, and/or the Township of Wantage.
At the termination of any use of any premises, building structure
or lot, the permission to display signs associated with such use shall
terminate. All signs and the brackets and posts which support the
signs shall be removed from the premises within 90 days from the date
of termination of such use, unless approval for any extension of time
is requested from and granted by the Zoning Official.
a.
Real estate signs. Signs designating property for sale shall be set
back at least 10 feet from all street lines. Real estate signs may
be one of the following two types:
1.
Real estate "for sale/for lease/sold" signs. One sign per lot to
advertise the sale or rental of premises upon which the sign is located
by the owner or real estate agent or broker. The building department
must be notified. The sign is not to exceed eight square feet in residential
districts or 16 square feet in all other districts. The sign shall
be removed within seven days after consummation of a sale or lease
transaction.
2.
Real estate "Open House" sign. One sign, in addition to the "for
sale" sign, may be placed on the subject property. The sign shall
not exceed six square feet in size and may be placed up to seven days
prior to the open house and shall be removed immediately following
the open house.
b.
Removal, new occupancy, special event or banner signs. Removal or
new occupancy signs shall not exceed 10 square feet in area. They
shall be removed within 15 days of removal or new occupancy. No outdoor
banner, flag, paper, canvas or cloth signs used to advertise a special
event shall be erected until the proper permit is obtained. Special
event signs may be placed 14 days before the event and removed no
later than two days after the event.
c.
Charitable organization drives. Signs for campaign or money-raising
drives for religious or charitable organizations shall not exceed
16 square feet in area. Signs shall be erected no sooner than two
weeks prior to the publicized event and shall be removed no later
than 48 hours after the event.
d.
Construction signs. Signs pertaining to the construction, repair,
remodeling or any building shall be located at the principal entrance
to the building. They shall not exceed 16 square feet in area. They
shall be removed within seven days after the completion of the construction
work.
e.
Window signs. Temporary window signs designed to promote the sale
of any article or business activity shall not exceed in total sign
area 15% of any total window area. Such signs shall not remain in
a window longer than 30 continuous days. They shall be removed within
two days after the event or activity has taken place.
f.
Political event signs. Political signs announcing political events,
issues or campaigns may be erected providing that they do not constitute
safety hazard by blocking sign distance, pedestrian or vehicular traffic
and the like. Such signs shall be removed within seven days after
completion of the event or campaign and shall in no event be displayed
for a period exceeding 21 days.
g.
Sandwich signs. Signs which direct attention to products sold or
services supplied. Two signs permitted per property, six square feet
per side, must be removed nightly and may not interfere with pedestrian
or vehicular traffic. Properties with multi-business (plaza/centers)
are limited to two sandwich signs. May not be erected until the proper
permit is approved.
h.
Garage sale signs. One sign per lot to advertise the sale of household
items may be placed one week before and removed immediately after.
Signs permitted:
a.
Temporary real estate signs as described.
b.
Public ground signs as described.
c.
An announcement sign not exceeding one square foot in area indicating
the practice permitted and occupancy on the premises, and the name
of the practitioner.
d.
One ground or wall sign not exceeding 10 square feet in area identifying
the name of the premises of an apartment house, farm, condominium,
or townhouse. This sign may be illuminated with uncolored electric
lights.
e.
Signs erected upon the premises of houses of worship and charitable
and nonprofit organizations shall not exceed 24 square feet in area.
f.
Signs advertising charitable organization drives as described.
g.
Construction signs as described.
h.
Political event signs as described.
i.
One name plate sign for each family housed in a residence, not to
exceed one square foot in area per sign.
j.
Off-site signs, except for billboards, shall be permitted as conditional
uses.
k.
Home occupations and professional occupations may have one sign not
to exceed three square feet in area and shall be set back a minimum
of 10 feet from the street line. Professional occupations may also
have one additional sign attached to the structure not to exceed three
square feet in area.
Signs permitted:
a.
All signs permitted in the Residential District R-2/R-5 as well as
the following signs:
1.
Signs which direct attention exclusively to a permitted business
conducted on the premises on which such a sign is located, or to a
product sold or service supplied by such business.
2.
Two signs painted on the windows and/or doors of each business bearing
the name, street number and/or type of business of the principal occupant,
provided that there shall be no more than one such sign on each window
or door, and that the total area of all signs shall not exceed 10
square feet.
3.
Credit card signs and trading stamp signs may be displayed on windows
provided that the total area of all such signs shall not exceed three
square feet in area.
4.
Signs required by law to be exhibited by the occupancy of the premises,
provided the same do not exceed six square feet in total area.
5.
Special signs serving the public convenience, such as "notary public,"
"public telephone" "store hours," "food menu," or words or directions
of similar import, provided that each sign does not exceed three 300
square inches in total area, and only one sign of each type is displayed.
6.
Awnings and canopies. A sign on an awning, marquee or canopy shall
be considered part of a main business sign and shall be counted in
determining the maximum sign area permitted (10% of the first floor
building front) on the face of the building. Approval must be made
by the land use board.
7.
Clear line of sight: Signs and sign structures of all types shall
be set back or elevated sufficiently to allow a clear, unobstructed
line of sight from points of ingress or egress for at least 1,000
feet along all abutting streets and highways.
c.
Wall signs. The total area of all wall signs on any one building
shall not exceed in area 15% of the total area of the first story
or ground level face of the building on which they are erected or
40 square feet, and shall be designed to be architecturally compatible
with the building.
1.
Regulations.
(a)
Supports and attachments. Shall be in compliance with the N.J.U.C.C.
(b)
Placement. Wall signs shall be placed in the front of the building
only.
(c)
Projection. No wall sign shall project higher than the highest
point of the facade of the building upon which it is to be erected
and it shall not project more than eight inches from the facade of
the building.
(d)
Number. No more than one wall sign per face of a building which
fronts on a street shall be permitted to any one business occupancy.
(e)
Size. The total area of all wall signs on any one building shall
not exceed in area 15% of the total area of the first story or ground
level face of the building on which they are erected or 40 square
feet, and shall be designed to be architecturally compatible with
the building.
(f)
Corner properties. Corner properties fronting on two or more
streets shall be permitted no more than one illuminated wall sign,
fastened or painted on each wall fronting upon a street.
d.
Freestanding or pylon sign. Only one freestanding or pylon sign advertising
the company or brand name, or insignia or emblem, shall be permitted,
provided that the sign shall not exceed 40 square feet per side in
area within a maximum of two sides. The bottom of the sign shall not
be less than 10 feet from level of the center line of the adjacent
road to the bottom of the sign.
e.
Projecting sign.
1.
Regulations:
(a)
Materials. All projecting signs shall be built of material with
a minimum of one-hour fire-resistance rating.
(b)
Supports and attachments. Shall be in compliance with the N.J.U.C.C.
(c)
Projection, height and area: A projecting sign shall not project
beyond the building line more than four feet, and in no case shall
a projecting sign project beyond any property line into public rights-of-way.
The bottom of the sign shall be at least eight feet clear above the
walk or ground. The area of the sign shall not exceed 30 square feet.
(d)
Quantity allowed. Only one projecting sign shall be permitted
for each building or structure or use.
Shall be in accordance with the N.J.U.C.C.
Any sign lawfully in existence prior to the effective date of
this section[1] may be continued, provided that the same shall be regularly
maintained and kept in good repair. However, no change in lettering,
content, size, construction, location or lighting of such sign shall
be permitted except by approval of the land use board.
No nonconforming sign may be enlarged or altered in such a way
as to increase its nonconformity. All nonconforming signs shall be
removed or shall be altered to conform to the provisions of this section
when any such sign is changed or modified in either in shape, size,
illumination or structure. Should any nonconforming sign be damaged
by any means to an extent of more than 50% of either its replacement
cost or structural elements at time of damage, such sign shall not
be reconstructed except in conformity with the provisions of this
section.
a.
Permit.
1.
Temporary real estate signs and political event signs 16 square feet
or less in size: No permit or fee shall be required.
2.
All other signs. No other sign shall be erected, constructed, altered
or structured condition repaired until approval has been obtained
from and a permit has been issued by the zoning official and the required
fee has been paid.
b.
Regulations.
1.
Fees: Fees shall be collected by the zoning official in accordance
with the Wantage Township Fee Ordinance. Fee shall be required for
all new signs and all signs replacing existing signs.
2.
Exemptions. The requirements for a permit fee shall not apply to:
(a)
Temporary window signs.
(b)
Temporary signs of a political nature.
(c)
Temporary signs advertising charitable fund raising events.
(d)
Temporary real estate signs.
(e)
General maintenance and upkeep on an existing permitted sign.
(f)
Amendment/alteration of advertising copy on an existing permitted
sign.
c.
Enforcement.
1.
Inspection. The zoning official shall inspect each sign for which
a permit is required upon completion of its installation.
2.
Unsafe signs. In the event that any sign is found to be in a dangerous
structural condition, the zoning official shall notify the owner of
such sign and/or the owner of the property on which it is erected
in writing and advise in what manner the owner shall make the same
safe and secure. In the event the owner does not comply with the requirements
as specified within 72 hours from receipt of such notice, the sign
may be removed by the Township of Wantage, in which case the owner
of the sign and the owner of the building shall be jointly and severably
liable to the township for the costs of removal.
3.
Defective signs. In the event any sign is found to be in violation
of size, number or location provisions of this section, the zoning
official shall notify the owner of such sign and the owner of the
property on which the sign is erected of such violation in writing,
and the owner shall within 10 days, correct such violation.
a.
Submission of application; requirements.
1.
The applicant shall file at least 21 days before the date of the
regular public meeting of the land use board eight copies of a site
plan or plat and three copies of an application for a special permit
sign, together with all other drawings, and documentation required
herein or by any rule of the land use board, with the township clerk.
The applicant shall obtain all necessary forms from the township clerk.
The secretary of the board shall inform the applicant of the steps
to be taken to initiate applications and of the regular meeting dates
of the board.
2.
Approval by county planning board required. All applications for
site plan approval for signs on a county road shall be submitted to
the county planning board for its review and recommendations and,
where applicable, approval where required by state statute or county
requirements. The applicant shall furnish proof of such submission
within 10 days of the submission of his application to the township
reviewing board by presenting a copy of his site plan with an indication
from the county that it has been filed with it. Any application for
site plan approval shall not be deemed complete in the absence of
proof that it has been filed with the county planning board, if required.
If the county planning board has failed to grant or deny approval
of the site plan at the time of approval of the applicant's application,
such approval shall be conditioned on approval of such site plan by
the county planning board.
b.
Notice and publication required. A public hearing, after proper notice
and publication by the applicant in accordance with the Land Use Procedures
Ordinance of the township, shall be held on all applications.
c.
Plat details. A complete application for a special permit sign shall
also consist of the following:
1.
A plat or map with the following details and information.
(a)
The boundaries of the tax lot where the proposed sign is to
be located and dimensions of said lot.
(b)
The tax lot and block number of said lot.
(c)
The location of all structures within 100 feet of the proposed
sign location, including underground utilities.
(d)
The location and dimensions of the existing paved surface.
(e)
The distance from the paved surface of the road.
(f)
A sketch showing the design of the proposed sign and the dimensions
of the same. Said sketch may be contained on the same sheet as the
map showing the location of the sign but in a separate area thereof.
Said drawing shall be of sufficient size to clearly show the proposed
sign design, including the height of the lettering. The materials
to be used in the construction of the sign shall be specified thereon,
as well as sign colors.
2.
An affidavit of ownership and consent of the property owner shall
be submitted if the applicant is not the owner of the subject property
where the sign is to be located.
4.
The board may require the applicant to submit a survey of the subject
premises, showing the location and dimension of the road right-of-way,
the exact location of the proposed sign and requirements of paragraph
c(1) above. Said survey shall be prepared, signed, sealed and certified
to by a surveyor or engineer licensed under the laws of the State
of New Jersey.
5.
All details subject to review by the land use board engineer.
|
Use
|
Maximum total Number of Signs
|
Maximum Area Sign Face
(square feet)
|
Minimum Setback From any Lot Line
|
Maximum Height above Ground
(feet) a*
|
|---|---|---|---|---|
|
Single-family residential
|
1 per unit
|
2
|
20
|
8
|
|
Farmer's roadside sign
|
2
|
32 total area of sign
|
15
|
12
|
|
Apartment/Townhouse Multiple-Family
| ||||
|
Freestanding
|
1 per arterial or collector street
|
40
|
30 from street right-of-way: 50 from property line
|
18
|
|
Facade
|
1 per building
|
2
|
—
|
—
|
|
Highway Commercial (single establishment)
| ||||
|
Freestanding
|
1 per establishment
|
40 per side (Max. of 2 sides)
|
20
|
18
|
|
Facade
|
1 per establishment
|
10% of front facade
|
c*
| |
|
Highway Commercial (2 or more Establishments)
| ||||
|
Freestanding
|
1 per establishment
|
40 per side (max. of 2 sides)
|
20
|
18
|
|
Directory sign attached to the freestanding sign
|
1 per establishment
|
2 per establishment for attached directory sign
|
—
|
—
|
|
Facade sign(a*)
|
1 per establishment
|
10% of front facade
|
—
|
c*
|
|
Neighborhood Commercial
|
Sign requirements of the Residential Zone apply to residential
uses, and sign requirements of the High — Commercial Zone apply
to highway commercial use
| |||
|
Shopping Village
| ||||
|
Freestanding
|
1
|
50
|
20
|
18
|
|
Facade
|
—
|
10% of the facade
|
—
|
c*
|
|
Industrial District
| ||||
|
Freestanding
|
1
|
100
|
50
|
18
|
|
Facade
|
—
|
5% of front facade
|
—
|
c*
|
|
Industrial District
| ||||
|
Freestanding
|
1 per arterial or Collector road on which the industrial park
abuts
|
200
|
—
|
35
|
|
Limited Industrial
| ||||
|
Freestanding
|
1
|
100
|
50
|
18
|
|
Facade
|
—
|
5% of front facade
|
—
|
c*
|
|
Notes:
| |
|---|---|
|
a*.
|
The height of the sign shall be measured from the centerline
of the road which the sign abuts to the top of the sign.
|
|
b*.
|
Each lot is permitted one directory sign attached to the freestanding
sign and one directory sign attached to the facade.
|
|
c*.
|
Not above the roof line of the building.
|
|
d*.
|
Buildings with a street setback of 400 feet or more may expand
their facade an additional 5%.
|
[Ord. #79-10; Ord. #92-06]
Private pools in rear yard areas of single family lots shall
adhere to the following standards:
a.
All pools shall be located only in rear or side yard areas.
b.
No edge of any pool shall be closer to a side line than 30 feet and
a rear line of 15 feet.
c.
In the case of in-ground pools, the rear yard area or portion of
the rear yard area shall be completely enclosed with fencing no less
than four feet in height or more than eight feet in height in order
to deny accidental access to the pool.
d.
The pool may be lighted by both underwater or exterior lights provided
all exterior lights are located so that the light is neither directed
or reflected upon adjacent properties. All free standing standards
used for exterior lighting shall be no closer to the edge of the pool
than its height.
Public swimming pools or club pools intended for open use of
the public or to club members shall adhere to the following standards:
a.
Outdoor pools shall be located on a lot with a minimum area of three
acres. Indoor pools shall be located on a lot with a minimum of one
acre.
b.
The pool shall occupy no more than 20% of the lot area. The area
shall include total water surface including separate wading pools,
swimming tanks, and diving tanks.
c.
No edge of any outdoor pool or separate swimming tank shall be closer
to any building or any property line than 100 feet.
d.
The entire property of the public or club pool shall be enclosed
with a fence four feet in height in order to deny accidental access
to the pool.
e.
The pool shall be lighted both internally and externally but in no
case shall any light be directed in a direct or indirect fashion upon
any adjacent property. All free standing standards used for exterior
lighting shall not exceed 25 feet in height and shall be no closer
than 25 feet to the edge of any pool.
f.
All pools shall be constructed below the surface of the ground.
g.
All boundaries of the property which lie closer to any residential
building than 50 feet shall be landscaped with dense trees and bushes
to provide adequate buffers against light and sound.
h.
All loud speakers or public address systems shall be located and
directed so that the speakers are not directly aimed at any adjacent
residential building.
Pools included as a part of the overall development of a garden
apartment, whether open to the public or used as a private facility
for the residents or guests, shall adhere to the following standards:
a.
Pools shall be located within an area no less than 4,000 square feet
that is devoted to the use of the pool.
b.
The total area of the surface of the water including separate wading
pools, swimming tanks and diving tanks shall be no more than 30% of
the land area devoted to the use of the pool.
c.
No edge of any pool or separate swimming tank shall be closer to
any building or property line than 20 feet.
d.
The total land devoted to the use of the pool shall be enclosed with
a fence four feet in height in order to deny accidental access to
the pool.
e.
The pool shall be lighted both internally and externally but in no
case shall any light be directed in a direct or indirect fashion upon
any adjacent property.
f.
All pools shall be constructed below the surface of the ground.
g.
If any portion of the pool, part of the land devoted to the use of
the pool, light standard or loud speakers are located closer to any
residential building or property line than 30 feet, adequate dense
buffers or trees and shrubs shall be provided.
[Ord. #79-10; Ord. #85-09; Ord. #89-02; Ord. #92-06; Ord.
#2009-10]
Provision shall be made for at least two offstreet parking spaces, one of which may be a garage, for each dwelling unit hereafter erected. Driveways and parking areas shall be constructed in accordance with subsection 13-19.6. Non-residential uses permitted in residential zone districts shall provide the number of parking spaces required by the specific use as prescribed in subsection 13-19.2. Provisions relating to the parking and storage of recreational vehicles shall be in accordance with requirements specified in subsection 13-19.5.
For all new buildings or uses or additions to existing buildings
or uses in the nonresidential zones and for nonresidential buildings
and uses in the residential zone districts, there shall be provided
the number of offstreet parking spaces required by the specific use
in accordance with the following schedule:
|
Use
|
Required Parking Spaces
|
|---|---|
|
Baseball stadiums
|
1 space for each 2 1/2 seats in the stadium. Adequate parking
for busses shall be provided
|
|
Churches, auditoriums, theaters, including school auditoriums
|
1 for each 3 seating spaces
|
|
Assembly halls, dance halls, community buildings, social clubs,
institutions
|
1 for each 100 square feet of floor area
|
|
Public pools
|
1 for each 4 patrons (to be calculated on the basis of the maximum
number of patrons such facilities can accommodate at any 1 time.)
|
|
Hospitals, nursing homes, medical institutions
|
1 for each 2 beds
|
|
Funeral homes, mortuaries
|
10 for each slumber room
|
|
Retail store or service establishment
|
1 for each 200 square feet of floor area
|
|
Apartment units in business structures
|
2 for each dwelling units
|
|
Restaurant, eating and drinking places
|
1 for each 3 seats
|
|
Banks, business, professional and executive offices
|
1 for each 200 square feet of floor area
|
|
Medical clinics or offices and dental clinics
|
5 for each physician plus 1 for each employee, but not less
than 1 for each 200 square feet of floor area
|
|
Individual dental office
|
1 for each physician, plus 1 for each employee, plus 2 for each
dental chair, but not less than 1 for each 200 square feet of floor
area
|
|
Furniture and appliance stores, motor vehicle sales, wholesale
store, building material stores and similar hardgoods sales
|
1 for each 300 square feet of floor area
|
|
Manufacturing plant, research laboratory, industry, warehouse
storage building
|
1 for each 2 employees in a maximum shift but not less than
1 for each 500 square feet of floor area
|
|
Commercial recreation Bowling alleys
|
Minimum of 3 parking spaces for each lane
|
|
Riding stables or academies
|
As provided in subsection 13-24.5g
|
|
Sufficient temporary field parking shall be provided for special
events
| |
|
Tennis centers or other racket establishments
|
6 spaces per court
|
|
Ice skating rinks
|
1 space per 100 square feet of rink area
|
|
Miniature golf courses
|
1 off-street parking space for each golf tee
|
|
U.S.G.A. professional golf courses
|
As provided in subsection 13-24.13c
|
|
Executive golf courses
|
As provided in subsection 13-24.14c
|
|
Pitch and putt golf courses
|
As provided in subsection 13-24.15c
|
|
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.
|
|
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.
|
a.
General requirements. Unless otherwise provided in this chapter,
all nonresidential offstreet parking and loading areas shall meet
the following requirements:
1.
All offstreet parking areas other than residential parking areas
shall be paved with bituminous concrete two inches thick after compaction,
on a stable base four inches thick after compaction where curbs are
provided. In the event that curbing is not provided, the area shall
be paved with bituminous concrete two inches thick after compaction
on a stable base six inches thick after compaction. Such paved areas
shall be approved by the municipal engineer.
2.
All parking and loading areas shall be graded and equipped with adequate
drainage facilities as approved by the municipal engineer.
3.
All parking and loading spaces shall be appropriately marked with
painted lines.
4.
Any lighting in connection with offstreet parking shall be so arranged
and shielded as to reflect the light downward away from adjoining
streets or properties.
5.
All parking areas shall provide for adequate ingress and egress and
safe and convenient traffic circulation. Access drives and aisles
shall be of sufficient width to permit safe access to parking spaces
and safe traffic movement.
6.
The offstreet parking area shall be effectively screened on any side
which adjoins or faces premises situated in any residential zone,
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 section may be waived by the planning board if, in the board's
judgment, because of topographic or other unusual conditions, said
fence is not necessary to screen adjoining residential property.
7.
Except as hereinafter provided, offstreet parking as required for
any use shall be provided on the same lot with said use.
8.
Offstreet 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, unoperable or unregistered vehicles.
9.
No signs other than "entrance", "exit", or conditions of use signs
shall be maintained.
10.
Parking areas shall be enclosed by concrete curbing six inches above
the paved surface and; unless otherwise required by this chapter,
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.
11.
All parking areas shall be designed with service aisles to meet the
following standards:
|
Parallel parking
|
12 foot aisle width
|
|
30° angle parking
|
12 foot aisle width
|
|
45° angle parking
|
13 foot aisle width
|
|
60° angle parking
|
18 foot aisle width
|
|
90° angle parking
|
24 foot aisle width
|
|
In addition there shall be a minimum distance between parallel
parking spaces of six feet when found necessary to provide convenient
access.
|
12.
All portions of the property not used for off-street parking shall
be attractively landscaped with grass lawns, trees and shrubs as approved
by the planning board.
13.
All offstreet 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.
b.
Highway commercial zone offstreet parking exceptions. Any owner or
group of owners of a business building or buildings in the highway
commercial zone may jointly sponsor offstreet 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.
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 use offstreet
loading spaces in relation to floor area as follows:
|
Floor Area in Square Feet
|
Number of Spaces
|
|---|---|
|
10,000 or less
|
1
|
|
10,000 to 20,000
|
2
|
|
20,000 to 50,000
|
3
|
|
50,000 to 100,000
|
4
|
|
each additional 100,000 or part thereof
|
1
|
Recreational vehicles, including boats, boat trailers, snowmobiles
and snowmobile trailers, collector's vehicles and trailers, as well
as campers, tent campers, motor homes, trailers and travel trailers,
may be parked in the R-2 and R-5 residential zone subject, however,
to the following restrictions and regulations:
a.
The area, exclusive of garage area, that may be used for storage
of such recreational vehicles shall not exceed 7% of the total lot
area or 400 square feet, whichever is less.
b.
Offstreet parking provided for and utilized by recreational vehicles
shall be in addition to any other parking provisions required by this
chapter.
c.
Horse trailers may be considered as a recreational vehicle where
horses and/or ponies for riding purposes are kept in connection with
single family residence use on the premises as a permitted accessory
use.
d.
No more than two collector's vehicles may be stored outside. Additional
collector's vehicles must be kept in a garage or accessory building.
Driveways and parking areas shall be constructed and paved in accordance with the provisions of section 19-2 of the Revised General Ordinances of the Township of Wantage.
The township clerk is hereby directed to give notice at least
10 days prior to the hearing on the adoption of this section to the
County Planning Board and to all others entitled thereto pursuant
to the provisions of N.J.S.A. 40:55D-15. Upon the adoption of this
section, after public hearing thereon, the township clerk is further
directed to publish notice of the passage thereof and to file a copy
of this section as finally adopted with the Sussex County Planning
Board as required by N.J.S.A. 40:55D-16.
[Ord. #79-10]
Fences and walls, including retaining walls, are permitted with
the following restrictions.
Maximum height at rear of property shall be six feet.
Maximum height at the property side line, but not beyond the
front building line shall be six feet.
Maximum height at the property side line between the front building
line and the street right-of-way line shall be three feet.
Maximum height at front of property will be three feet.
No fence or wall shall be located within 25 feet of the center
line of the road right-of-way or closer than five feet to the edge
of said right-of-way, whichever is greater. Retaining walls may be
placed at the edge of the right-of-way line.
Fences, for the purposes of traffic safety, which do not obstruct
vision, where industrial and agricultural uses are permitted, shall
be exempt from the restrictions of this subsection; except that no
fence shall exceed eight feet in height.
Fences, where horses are kept as an accessory use to single
family dwelling purposes as permitted in the appropriate residential
zones, shall be suitable for its intended purposes; i.e. the corralling
of said horses, and shall be at least four feet in height. The provisions
of subparagraph 13-20.6 shall also apply to this use.
Fences and walls, in combination, shall not exceed six feet
in height in the overall from the lowest point of the grade to the
highest point of the fence. Where a fence is placed on top of a retaining
wall, the overall height shall not exceed six feet from the lowest
point of the grade on the exposed side of the retaining wall to the
highest point of the fence.
[Ord. #79-10]
a.
Corner lots. Where a lot is bounded by more than one street, the
front yard or setback requirements shall be met on both abutting streets,
provided, however, platted lots existing on adoption of this chapter
that are narrower at the building setback line than the minimum width
required by this chapter can project as close to the side street as
one-half the setback requirement.
b.
Traffic visibility across corner lots. On a corner lot, a fence or
planting over 30 inches in height, above the curb or edge of a roadway,
which would obstruct vision for the purpose of traffic safety shall
not be erected or maintained within a triangle formed by the point
of intersection of the right-of-way lines of the intersecting streets
and points on each of the intersecting right-of-way lines 25 feet
from the point of intersection.
c.
Existing platted lots. Any lots having a minimum area of one acre
or greater, may be used for any use not prohibited in the zone in
which it lies, provided that said lot was in single ownership on date
of this chapter and further provided, remains in single ownership
until the time a building permit or certificate of occupancy is sought
and further provided that all other requirements of this chapter are
met.
d.
Subdivision or resubdivision of lots. When a new lot or lots are
formed from a parcel of land or where two or more lots are combined
into a single parcel of land, the separation or combination must be
effected in such a manner as not to impair any of the provisions of
this chapter.
e.
Residential lots on permanent cul-de-sacs. Where a lot is on a curve at the end of a permanent cul-de-sac, the minimum lot width shall be 45 feet measured along the subtended chord of the arc at the street line and the minimum lot width at the building setback line shall be 85 feet. Such lots shall be exempt from the provisions of subsection 13-5. 5a.3.
a.
Every lot must provide front, rear and side yards as required for
its zone. All front yards must face upon a public street or private
street approved by the planning board or governing body. On streets
less than 40 feet in right-of-way width, the required front yard shall
be increased by one-half the difference between the width of the street
and 40 feet.
b.
Front, side and rear building locations within five feet of the minimum
setback requirements of this chapter shall be surveyed and certified
by a licensed engineer or 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 shall be presented to the construction
official when the foundation of the building is complete.
c.
Where a building lot has frontage upon a street which, on the master
plan or official map of the municipality is proposed for right-of-way
widening, the required front yard setback shall be measured from such
proposed future right-of-way line.
[Ord. #79-10]
Recognizing, in certain instances, for the necessity of certain
temporary uses, the board of adjustment, after hearing, may authorize
temporary use permits pursuant to the authority of R.S. 40:55D-70(b).
Such permits may be issued for a period not to exceed one year
and, on further application to the board of adjustment, may be extended,
for good cause shown, for an additional period not to exceed one year.
Thereafter, such temporary use permit shall expire and the use so
permitted shall be abated. Any structures erected in connection therewith
shall be removed. Where it deems appropriate, the board of adjustment
may require such guarantees it deems sufficient to cause such abatement
and/or removal.
Where a building permit has been issued, a temporary certificate
of occupancy and a temporary zoning permit for a dwelling house may
be granted to a developer to permit such dwelling house to be used,
temporarily, as a sales and management office for the sale of those
homes within a subdivision provided all of the following requirements
are met:
a.
The house to be used as such office is built upon a lot approved
as part of the subdivision that has been approved by the planning
board.
b.
The house is of substantially the same quality of construction as
those homes to be sold within the subdivision.
c.
No other business than that which is accessory to the management
and the sale of lands owned by the developer shall be permitted.
d.
The dwelling house shall meet all other requirements of the zone
district in which it is located.
The board of adjustment may grant temporary use permits for
the location of temporary structures, in connection with permitted
uses, on the site of such permitted use, which use is either existing
or about to be established, upon the construction of a permanent structure.
Such temporary structure shall provide facilities during construction
of permanent facilities which are an addition to the permitted use
or which will result in permanent facilities to house the permitted
use. For example, but not by way of limitation, such temporary use
permits may be issued to permit the parking of a trailer housing banking
facilities, temporary office space, temporary classroom space and/or
temporary warehouse space on such a site.
[Ord. #79-10]
All uses not expressly permitted in this chapter are prohibited;
and the following designated uses are specifically prohibited in all
zone districts.
The landing, taking off, parking, storing or maintaining of
any aircraft or airborne vehicle except in connection with an airport.
The maintenance, in any yard, area or open space of any nonregistered,
inoperable, wrecked or junked automobile or vehicle except as otherwise
specifically permitted by any provision of this chapter.
The parking, storing, keeping or maintaining of any commercial
vehicle, or construction vehicle in excess of 12,000 pounds gross
vehicle weight, with the exception of school buses, on any street,
or in the open, on any premises in any residential zone district.
Tourist cabins, house trailers, tents and all other movable
dwellings are prohibited and may not be occupied, erected or moved
into any zone district except as otherwise specifically permitted
by any provision of this chapter.
The parking, storing, keeping or maintaining of trailers except
as otherwise specifically permitted by any provision of this chapter.
[Added 6-24-2021 by Ord. No. 2021-11]
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,[1] but not the delivery of cannabis items and related supplies
by a delivery service.
[1]
Editor's Note: See N.J.S.A. 24:6I-33.
[Ord. #79-10; Ord. #81-07; Ord. #84-08; Ord. #88-10; Ord.
#88-18; Ord. #91-05; Ord. #91-07; Ord. #92-06; Ord. #92-08; Ord. #96-09;
Ord. #00-04; Ord. #00-12; Ord. #2012-12]
These uses, as designated in the particular zone districts,
may be established only in accordance with the following procedure
and only after the following criteria are met.
Application for a conditional use shall be made to the planning
board pursuant to the authority of R.S. 40:55D-67 (or to the zoning
board of adjustment, pursuant to the authority of R.S. 40:55D-76(b)).
The application shall be made in accordance with the instructions
of the planning board and shall be accompanied by a site plan prepared
in accordance with the requirements of the site plan ordinance.
The applicant shall give notice pursuant to the requirements
of R.S. 40:55D-12, such notice setting forth the date, time and place
of the hearing and the nature of the matter to be considered, pursuant
to the authority of R.S. 40:55D-11, only after such date of the hearing
shall have been fixed, after a determination that the application
is complete, in accordance with the procedures of the planning board.
The board shall not order, direct or authorize the issuance
of a permit for a conditional use unless it shall find that such use:
a.
In designing projects to be permitted under this section, a sufficient
area must be provided to accommodate the use in keeping with the character
of said use and in using appropriate design standards; however, the
lot shall contain an area of at least 10 acres. In the event that
it can be demonstrated that the proposed project can meet all of the
other criteria necessary for the issuance of a permit on a lot containing
less than 10 acres in area, the board may reduce the lot area requirement
but in no event, reduce it less than the minimum lot size for the
zone district in which the property is located.
b.
All buildings and structures erected on said site shall meet the
yard and height requirements of the R-1 zone district. In the event
that it can be demonstrated that the proposed project can meet all
of the other criteria necessary for the issuance of a permit on a
lot, the board may reduce the yard requirements when a reduction in
lot area has been permitted but in no event, reduce it less than the
minimum yard requirements for the zone district in which the property
is located.
c.
All buildings and structures, to be erected on the tract, shall be
so designed and arranged in order to minimize the impact of the use
on the established neighborhood scheme and shall be so designed as
to harmonize, as far as possible, with the established architectural
scheme of the neighborhood.
d.
Adequate provisions shall be made to provide a suitable buffer to
provide a barrier to light and sound between the use sought to be
established and abutting properties.
e.
Obtain site plan approval in accordance with the site plan review
ordinance.
g.
Signs shall be permitted in accordance with the provisions of subsection
13-8.8, relating to highway commercial uses.
a.
The lot shall contain a minimum of six acres in area. However, the
actual minimum area required shall be determined on the basis of the
number of animals to be kept on the site; in a ratio of one acre per
each animal to be kept. However, recognizing that it is conceivable
that the application of such a straight line ratio may result in a
minimum required area in excess of that actually required for the
intended use, the board may, for good cause shown, reduce the effect
of calculating lot size in applying the 1:1 ration on a straight line
basis.
b.
All buildings and structures shall be located in accordance with
the required conditions as set forth in the R-1 zone district.
c.
Adequate provisions shall be made to provide a suitable buffer to
provide a barrier to light and sound between the use sought to be
established and abutting properties.
d.
Adequate provisions shall be made for the location of manure and
other animal wastes and the storage of such materials shall not be
closer than 100 feet to any property line.
e.
Suitable fencing shall be provided in order to contain animals kept
on the site in accordance with the requirements of the board.
f.
Obtain site plan approval in accordance with the site plan review
ordinance.
g.
Provide adequate parking in accordance with the parking provisions set forth in section 13-19; except, however, that the number of parking spaces shall be calculated as follows. A minimum of six spaces plus one for each employee, not residing on the premises. There shall be one additional parking space for every two animals, in excess of 12 animals, being kept on the premises, unless it can be demonstrated to the satisfaction of the board, that no additional parking spaces are required.
h.
Signs shall be permitted in accordance with the provisions of subsection
13-8.8, relating to highway commercial uses.
a.
The lot shall contain the minimum lot area required in accordance
with the zone district in which the lot is located; except that the
board may, for good cause shown, reduce the lot area requirement,
but in no event, less than one acre in size.
b.
All buildings shall be so designed as to conform and harmonize with
the general character of the area in which it is located and will
not adversely effect the safe and comfortable enjoyment of properties
in the zone.
c.
All structures shall be designed so as to be as inobtrusive as feasible
and to blend in with the surroundings on the site.
d.
Adequate fencing must be provided in accordance with the recommendations
of the board in order to provide protection to the public.
e.
Adequate parking shall be required, as determined by the board when
considering the proposed use.
f.
Obtain site plan approval in accordance with the site plan review
ordinance.
a.
The lot or parcel shall meet 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.
a.
The lot or parcel shall meet 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 250 yards. Such straight line of any tee shall
terminate at least 100 feet from an adjoining property line.
d.
Fencing, 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.
a.
In designing the uses to be permitted under this section, a sufficient
area must be provided to accommodate the use in keeping with the character
of the agricultural permitted use and the following minimum standards
must be met:
1.
For the additional residence to be used by the farm manager, there
shall be an additional lot area of a minimum of one acre and the requirements
for a single family dwelling in the R-1 zone shall be met with respect
to the minimum size of the dwelling unit and the setback requirements.
2.
For each dwelling house to be used by farm labor, there shall be
an additional lot area of a minimum of 7,500 square feet and the requirements
for a single family dwelling in the R-2 zone shall be met with respect
to the minimum size of the dwelling unit and the setback requirements
for a lot having 7,500 square feet.
b.
In approving such additional dwelling units, the board shall review
the proposed plan in order to protect the zone scheme in the event
that the primary use of agriculture on said tract shall be discontinued
and a subdivision to separate individual dwelling units is sought.
c.
Such dwelling units shall be occupied as single family residences
as such term is defined herein, except that no roomers or boarders
may occupy such structures.
d.
Any person, or head of household, occupying such dwelling units shall
be employed fulltime, in the agricultural operation, and proof of
such employment, in the form of an affidavit, by such person so occupying,
shall be filed with the zoning officer each year.
f.
Site plan approval shall be obtained.
a.
Minimum lot area, 40,000 square feet plus 10,000 square feet for
every occupant over six residing on the premises; no such residence
shall house more than 15 persons, excluding resident staff.
b.
Side and rear yard requirements shall be as specified in the applicable
zone.
c.
No community residence or community shelter shall be located less
than 1,500 feet from any other such residence or shelter.
d.
The building shall meet all fire code requirements including installation
of a fire alarm system which shall be connected with the Wantage Township
Fire Department.
e.
Before a certificate of occupancy is issued, the planning board shall
review and approve a site plan.
f.
The maximum impervious surface requirement of the zone in which such
use is located shall be adhered to.
g.
The proposed use shall maintain a residential appearance and shall
be substantially similar to the existing surrounding residential development.
h.
Off-street parking shall be required and located in accordance with
the requirements of this subsection on the basis of one additional
off-street parking space for each two persons, excluding resident
staff.
i.
The planning board may deny the conditional use of the number of
persons resident if existing community residences or community shelters
exceeds 0.5% of the population of the municipality based on population
estimates published annually by the New Jersey Department of Labor.
a.
Minimum tract size. 50 contiguous acres, except that any-one owning
a parcel of land containing at least four acres which is either an
isolated lot, or part of a minor subdivision, may erect a senior citizen
duplex on said parcel, providing that parcel satisfies the constraints
calculations for two single-family residences using R-1 adjustment
factors, and further that the unit meets all setback requirements
for the R-1 zone. This unit shall be for use only by those qualifying
under the definition of "senior citizen housing". This restriction
shall run with the land and be recorded in any deed creating the parcel.
b.
Minimum percentage of the total tract which shall be devoted to dedicated
open space shall be no less than 25%.
c.
Noncluster option. Under the noncluster option, developers are entitled to erect one two-family dwelling on each buildable lot, the two units within each dwelling to be permitted to be sold individually to individuals qualifying under the definition of senior citizen housing contained in § 13-2.
1.
Total density shall not be permitted to exceed that which would normally
be permissible under current R-1 zone requirements and a developer
shall submit a sketch plan employing R-1 density standards including
constraints calculations indicating the gross number of units under
current R-1 zone requirements.
2.
All nonclustered senior citizen developments, as permitted in subsection 13-24.11c shall comply with the following bulk requirements:
(a)
Minimum lot area - 40,000 square feet for each two unit structure
(duplex).
(b)
Minimum lot width - 150 feet except a corner not shall have
a minimum frontage of 150 feet on both sides.
(d)
Maximum percentage of lot coverage by impervious surface 25%.
(e)
Maximum height - 2 1/2 stories or 35 feet, whichever is
less.
d.
Cluster option. Clustering of units may be permitted provided the
following specific requirements are satisfied:
1.
Clustering shall be permitted in only those areas where central sewer
and water systems are available.
2.
All open space cluster development shall comply with the following
bulk requirements:
(a)
The gross density in any cluster senior citizen development
shall not exceed 3 1/2 units per acre and the net density shall
not exceed seven units per acre, subject only to the steep slope requirements
contained in the subdivision ordinance as regards constraints.
(b)
Multifamily buildings.
(c)
Detached building lots.
(1)
Minimum lot width at street - Single Family - 50 feet.
(2)
Minimum lot width at street - Two Family - 80 feet.
(3)
Minimum lot width at building front line - Single Family - 60
feet.
(4)
Minimum lot width at building front line - Two Family - 90 feet.
(5)
Minimum lot depth - 90 feet.
(6)
Minimum lot area - single family - 6,000 square feet.
(7)
Minimum lot area - two family - 8,100 square feet.
(8)
Minimum distance to tract line - 50 feet.
(9)
Minimum side yard widths - eight feet with a minimum of 20 feet
total.
(10)
Minimum front yard - 20 feet.
(11)
Minimum rear yard - 25 feet.
(e)
Deed restrictions. The following specific restrictions shall
be included in any deed of conveyance for "senior citizen housing"
and shall run with the land in perpetuity. These restrictions are
imposed as part of the consideration for allowing "senior citizen
housing" erected within the municipality to first be made available
to Wantage residents.
(1)
Permanent residents of this unit must be at least 55 years of
age, except that the spouse or an immediate member of the family,
other than a child of said permanent resident, or a live-in domestic,
companion or nurse, may be a permanent resident regardless of his
or her age. A maximum of one child, age 18 or older, may also reside
as a permanent resident with his or her parent or parents. In no event,
however, shall there be more than three permanent residents in one
senior citizen residential dwelling unit.
(2)
Any unit designated as senior citizen housing may only be resold
to permanent residents meeting the definition of senior citizen as
stated above.
(3)
In the event the senior citizen residence is part of a testamentary
or intestate conveyance, and those inheriting same do not qualify
as senior citizens, these heirs shall not be permitted to live in
the dwelling but may rent the dwelling to a qualified senior citizen
or shall be forced to sell the unit to a qualified senior citizen.
(4)
In the event of death of the qualifying senior citizen, the
remaining spouse may continue to live in the dwelling unit.
(f)
Parking. There shall be a minimum of at least two parking spaces
for each residential unit. At least one of the required parking spaces
shall be either in a garage or in an area where there is adequate
room for a garage to be erected at a subsequent date. The remaining
required space shall be provided in the driveway of each dwelling
unit, if an additional garage is not provided. Parking garages may
be provided as part of the principal building or as an accessory structure.
(g)
Accessory structures. All accessory structures shall meet the
following requirements:
(1)
Maximum height - 16 feet.
(2)
Side yard - five feet.
(3)
No accessory structures are permitted in the front yard.
(4)
Rear yard - five feet.
(5)
Maximum area - Any freestanding accessory structure shall be
limited to no more than 100 square feet and no more than three shall
be permitted on any lot.
e.
Open space.
1.
Areas considered open space. Open space, as required, shall consist
of vacant ground and lands approved by the board, which lands and
buildings shall be available for parks, or other recreational uses
acceptable to the planning board and in harmony with the uses of adjacent
and nearby properties.
2.
Except for nonclustered developments, not more than 50% of any water
areas such as lakes, ponds, streams, swamps, or brooks shall be recognized
in this computation, to assure compliance with the requirements for
usable open space for all purposes and pursuits. In determining the
area of any of the aforesaid water area, flood plains and areas where
the seasonal high water table reaches zero feet shall be deemed to
be included in such water area.
3.
Areas not considered as open space. Open space, as required, shall
not include yard areas, land area within the right-of-way of public
or private streets, and land area between walkways, sidewalks and
buildings wherein the principal use of said land is to provide for
pedestrian traffic to and from buildings.
f.
Location of open space. Open space areas in a cluster development
shall be located in accordance with the following standards:
1.
Streams and their flood plains, natural wetland areas with slopes
in excess of 15% and any other environmentally sensitive areas in
the tract shall be included in open space areas.
2.
Any unique or unusually attractive feature of terrain or vegetation
such as scenic overlooks, level open areas suitable for playing fields,
stands of large trees, or areas of particular value as wildlife habitat,
shall be included in open space.
3.
Insofar as is possible, consistent with paragraphs 1 and 2 hereof,
open space shall be located so as to provide buffers between clusters
of dwellings, and between clusters of dwellings and the boundary of
the tract.
4.
No individual area devoted to open space shall be less than one acre
in area or less than 50 feet in width, at its narrowest point: however,
at least one-third of the area shall be at least 100 feet in width.
g.
Maintenance and use of open space areas.
1.
Natural areas. A minimum of 50% of the open space in a cluster development
shall be designated and maintained as a natural area.
(a)
Clearing of brush and dead timber shall be required where necessary
to eliminate fire hazard.
(b)
Clearing of obstructions or jams from streams or waterways shall
be required where necessary to insure unimpeded flow, provided, however,
that no channelization shall be permitted.
(c)
Hiking or bicycling trails and bridle paths may be constructed
and maintained.
(d)
Tree stands and blinds may be constructed and maintained.
(e)
Chemical agents may be used to control weed growth or algae
bloom, or for fish management in lakes and ponds.
(f)
Natural areas shall otherwise be maintained, undisturbed in
their natural state. No garbage or debris shall be permitted to accumulate
except that leaves, grass and shrub clippings may be deposited in
properly located and maintained compost heaps.
2.
Use of natural areas shall be restricted to hunting, fishing, bird
watching, hiking, cycling and boating.
3.
No chemically powered engines shall be used in a natural area, except
for the performance of functions designated in paragraph 1 hereof.
4.
Active recreation areas. A minimum of 25% of the open space in a
cluster development shall be improved and maintained as an active
recreation area, which may include lakes or ponds if suitable for
water-based recreational uses.
5.
Uses of active recreation areas shall be limited to athletic fields
and courts, golf courses, equipped playgrounds, swimming beaches and
pools, picnic tables, fireplaces, boat docks, boathouses, sitting
and walking areas.
6.
With the exception of lakes or ponds, any area devoted to active
recreation shall not be located within 100 feet of the tract boundary
or the boundary of a cluster lot.
7.
Active recreation areas shall be planted and landscaped so as to
provide ground cover and neat appearance and such plantings shall
be maintained and trimmed so as to continue to provide proper ground
cover, and free use of the area for its intended purposes. No areas
of bare dirt shall be permitted except for properly maintained basepaths
or infields on a base-ball field, clay tennis courts, and sand bathing
beaches.
8.
All playing surfaces, fences and other improvements or equipment
in active recreation areas shall be maintained in good repair.
h.
Where open space is not dedicated to the township or other government
entity, the applicant shall establish a property owner's association
which shall consist of all owners of lots in the cluster development
which shall own and maintain the open space areas. The applicant shall
submit, as a part of his subdivision application, a copy of such association's
agreement or charter, including, but not limited to, the following
information:
1.
Scheme for creation of the organization.
2.
When said organization will assume responsibility.
3.
The duties of the organization.
4.
The method by which the organization will be funded.
5.
Provisions for enforcement of the discharge of duties by the organization.
6.
Method by which open space will be maintained in perpetuity.
7.
Giving the municipality the right to enforce all covenants and restrictions.
i.
The property owner's association shall not dispose of any open space
areas without first offering to dedicate it to the township.
j.
Additional requirements and conditions. In any approved development,
as provided for in this section, the following standards shall apply
in addition to all other standards contained in this chapter. In cases
of conflict, provision of this section shall apply.
1.
Water and sewer services. Water and sewer services shall be constructed
in accordance with applicable regulations of the Public Utilities
Commission and in accordance with all State, county and municipal
regulations. In the event of conflict between the various codes and
requirements of said entities, the more restrictive regulation shall
govern.
2.
Central sewage disposal plant. Sewage disposal shall be by means
of a central sewage disposal plant. Such disposal plant shall be in
accordance with the requirements of the Department of Environmental
Protection of the State of New Jersey and all county and municipal
agencies having jurisdiction. Such disposal plant shall be constructed
in accordance with the requirements of the Department of Environmental
Protection, and all other agencies having jurisdiction.
3.
Central water system. Potable water shall be provided by means of
a central water system. Such water system shall be in accordance with
the requirements of the Department of Environmental Protection of
the State of New Jersey and all other agencies having jurisdiction.
Such central water systems shall be constructed in accordance with
the requirements of the Department of Environmental Protection, and
all other agencies having jurisdiction.
4.
Approval of water and sewage systems. The proposed water and sewer
system shall be approved by the township board of health before any
building permit shall be issued, notwithstanding approval of any other
agency whether State or county, unless the board of health of the
township shall certify that the approval of such other approving agency
is sufficient in its opinion that no further approval by the municipal
board is required.
5.
Indoor social, cultural, recreational and meeting facilities shall
be required. The gross floor area devoted to such usage shall be not
less than 10 square feet for each residential dwelling unit.
6.
Appropriate provisions shall be made for private garbage and trash
collection and for the private maintenance of all interior roads and
streets (including snow removal), recreational facilities, and all
building and land areas owned in common by residents of the development.
In addition, provisions shall be made to permit the township, at its
option, to perform or cause to be performed such services in the event
of the continued failure of performance of same by the private association
or other entity charged with such responsibility, all at the cost
and expense of the owners of the project.
7.
The overall design, road patterns, recreational facilities, and site
locations of buildings must be submitted to the planning board for
site plan and/or subdivision approval and the board shall have the
right to approve the general design so as to obtain aesthetic harmony.
Buildings, sizes, shapes, site positions and architectural design
may be considered along with the landscaping and natural features.
The following criteria also may be taken into consideration:
(a)
Visual consideration of a variation in exterior finishes of
structures.
(b)
Mix of architectural designs and elevations to insure a harmonious
blend.
(c)
Landscaping, preservation of existing vegetation, and location
of trees.
(d)
Convenience of parking areas for use of occupants and screening
thereof with adequate landscaping or fence.
8.
Traffic circulation. The minimum width of rights-of-way, between
curb lines, which provide circulation through any development, shall
be 50 feet. The actual width to be provided for any individual street
shall be determined by professional traffic forecasts, analysis of
anticipated movements and individual design in each case. As a minimum,
such design shall be based on estimated traffic, 20 years after construction,
and shall provide sufficient lanes so the anticipated volume for any
lane shall not exceed 900 vehicles per hour and shall provide breakdown
(shoulder or parking) areas in addition to traffic lanes and all designs
shall be subject to the review and approval of any county or State
agencies having jurisdiction and to the approval of the township engineer.
The minimum width between curb lines of interior roads within a senior
citizen development, not be dedicated for public use, shall be as
follows:
9.
Top soil shall not be removed from the site during construction but
shall be stored and redistributed to areas most exposed to view and
such areas shall be stabilized by seeding and planting. This requirement
may be waived by the approving authority should the topography and
special conditions of the proposed development not require such redistribution.
10.
Suitable landscaping and buffering shall be provided around
all projects so as to provide a screen of the project from municipal,
county or state roads running adjacent to the site.
a.
In designing projects to be permitted under this subsection, sufficient
area consisting of not less than two acres, meeting all constraints
requirements, shall be provided to accommodate the use in keeping
with its character and appropriate design standards.
b.
Front, side and rear yard, and requirements shall be as specified
in the R-1 zone. Minimum lot width shall be 300 feet.
c.
The proposed use shall maintain a residential appearance and shall
be substantially similar to the existing surrounding residential development.
d.
Provision shall be made to provide a suitable buffer to provide a
barrier to light and sound between the use sought to be established
and abutting properties.
e.
The following schedule shall control land coverage:
|
Gross Acreage
|
Maximum Building Coverage
|
Maximum Impervious Coverage*
|
|---|---|---|
|
2.0-3.0
|
5%
|
20%
|
|
3.01 - 4.0
|
4%
|
16%
|
|
4.01 - 5.0
|
3.3%
|
13%
|
|
5.01-6.0
|
2.8%
|
11%
|
|
* Including Building Coverage
|
|
The maximum building coverage and maximum impervious coverage
shall in no event exceed that allowed for six acres.
|
f.
This minimum roof pitch shall be five vertical to 12 horizontal.
g.
No building shall exceed 1 1/2 stories or 25 feet in height.
The height shall be measured from the average ground level of the
finished grade to the highest point on the roof line.
h.
All development shall take place within 400 feet of the right-of-way
line of the roadway providing access to the principal structure.
i.
Adequate parking in accordance with the parking provision set forth in section 13-19 shall be provided, and shall specifically comply with nonresidential off-street parking and loading standards, all of which shall not be permitted to be located in front of the principal structure on the site.
j.
The lot shall front on an arterial, major or collector street.
k.
One freestanding sign shall be permitted provided it is set back at least 10 feet from the street right-of-way line and has no more than an area of four square feet, measured on both faces of the sign. The sign may be illuminated externally only and must conform to the provisions of section 13-17.
a.
The lot shall contain a minimum of 150 acres in area.
b.
All structures shall be set back from the street line a minimum of
50 feet. All structures, parking lots, tees, greens, and fairways
shall be set back a minimum of 50 feet from the side and rear lot
lines. All structures shall be residential or farmlike in appearance.
c.
A minimum of 120 parking spaces shall be provided.
d.
Signs shall be permitted in accordance with the provisions of subsection
13-8.8, relating to the N-C Neighborhood Commercial District use.
e.
The developer shall be permitted to phase the golf course, constructing
nine holes in each phase; however, prior to the completion of 18 holes,
a club house consisting of a pro-shop, locker room and restaurant
facilities shall be provided.
f.
Each nine holes shall be a minimum of 3,000 yards in length and shall
have at least three separate tees to accommodate different skill levels
of play.
g.
If a driving range is to be provided, it shall have a minimum length
of range of 900 feet, a minimum center area width to be close mowed
of 100 feet with tees to be 12 feet on center and a triangularly shaped
side area to be rough mowed to be at its maximum width at the 600-foot
distance having a 15° radius on the initial area from the tees.
This driving range shall be incorporated into the golf course design
in a manner to not conflict with the use and enjoyment of the facilities
and may be adjusted upwards to provide additional tee areas in accordance
with the provisions set forth herein.
h.
A practice putting green which is the same size as the largest putting
green located on the golf course and constructed to U.S.G.A. green
standards.
i.
Construction standards. The construction standards for golf courses are contained in the site plan review ordinance of Wantage Township, section 16-1 et seq.
j.
Customary accessory buildings, such as golf cart storage sheds and
maintenance buildings, shall be permitted in conjunction with the
golf course. Those structures shall be residential or farmlike in
exterior appearance and shall be suitably landscaped. The landscape
plan shall be submitted to the planning board for its review and approval.
a.
The lot shall contain a minimum of 125 acres in area for 18 holes
or 70 acres for nine holes.
b.
All structures shall be set back from the street line a minimum of
50 feet. All structures, parking lots, tees, greens, and fairways
shall be set back a minimum of 50 feet from the side and rear lot
lines. All structures shall be residential or farmlike in appearance.
c.
A minimum of 70 parking spaces shall be provided.
d.
Signs shall be permitted in accordance with the provisions of subsection
13-8.8, relating to the N-C Neighborhood Commercial District use.
e.
The developer shall be permitted to phase the golf course. In conjunction
with the construction of a nine hole course, a locker room, snack
bar, refreshment stand or restaurant facilities may be provided; however,
prior to the completion of an 18 hole golf course, a locker room and
either snack bar, refreshment stand or restaurant facilities shall
be provided. For every course, bathroom facilities shall be available
to the public.
f.
Each nine holes shall be a minimum of 2,000 yards in length and shall
have at least two separate tees to accommodate different skill levels
of play.
g.
If a driving range is to be provided, it shall have a minimum length
of range of 900 feet, a minimum center area width to be close mowed
of 100 feet, with tees to be 12 feet on center and a triangularly
shaped side area to be rough mowed to be at its maximum width at the
600 feet distance having a 15° radius on the initial area from
the tees. This driving range shall be incorporated into the golf course
design in a manner to not conflict with the use and enjoyment of the
facilities and may be adjusted upwards to provide additional tee areas
in accordance with the provisions set forth herein.
h.
A practice putting green, the same size as the largest putting green
on the course, shall be provided.
i.
Construction standards. The construction standards for golf courses are contained in the site plan review ordinance of Wantage Township, section 16-1 et seq.
j.
Customary accessory buildings, such as golf cart storage sheds and
maintenance buildings, shall be permitted in conjunction with the
golf course. Those structures shall be residential or farmlike in
exterior appearance and shall be suitably landscaped. The landscape
plan shall be submitted to the planning board for its review and approval.
a.
The lot shall contain a minimum of 50 acres in area.
b.
All structures shall be set back from the street line a minimum of
50 feet. All structures, parking lots, tees, greens and fairways shall
be set back a minimum of 50 feet from the side and rear lot lines.
All structures shall be residential or farmlike in appearance.
c.
A minimum of 50 parking spaces shall be provided.
d.
Signs shall be permitted in accordance with the provisions of subsection
13-8.8, relating to the N-C Neighborhood Commercial District use.
e.
Each nine holes shall be a minimum of 1,000 yards in length and shall
have at least one tee.
f.
If a driving range is to be provided, it shall have a minimum length
of range of 900 feet, a minimum center area width to be close mowed
of 100 feet, with tees to be 12 feet on center and a triangularly
shaped side area to be rough mowed to be at its maximum width at the
600-foot distance having a 15° radius on the initial area from
the tees. This driving range shall be incorporated into the golf course
design in a manner to not conflict with the use and enjoyment of the
facilities and may be adjusted upwards to provide additional tee areas
in accordance with the provisions set forth herein.
g.
A practice putting green, the same size as the largest putting green
on the course, shall be provided.
h.
Construction standards. The construction standards for golf courses are contained in the site plan review ordinance of Wantage Township, section 16-1 et seq.
i.
Customary accessory buildings, such as golf cart
storage sheds and maintenance buildings, shall be permitted in conjunction
with the golf course. Those structures shall be residential or farmlike
in exterior appearance and shall be suitably landscaped. The landscape
plan shall be submitted to the planning board for its review and approval.
a.
The minimum tract size shall be 20 acres.
b.
The processing facilities may include washing, crushing, sifting,
stockpiling and loading facilities.
c.
No operation involving a processing facility shall be carried out
within 100 feet of a residence or 50 feet from a boundary line, whichever
is greater.
d.
All processing facilities shall be operated only between the hours
of 7:00 a.m. and 7:00 p.m.
e.
The maximum noise level measured at the property line shall be:
|
Frequency Band in Cycles Per Second
|
Second-Pressure Level Decibels re 0.0002 dyne/cm 2
|
|---|---|
|
20-75
|
75
|
|
75-150
|
60
|
|
150-300
|
54
|
|
300-600
|
48
|
|
600-1,200
|
45
|
|
1,200-2,400
|
42
|
|
2,400-4,800
|
39
|
|
Above 4,800
|
36
|
f.
The maximum height of any equipment or material stockpiled used in
sand and gravel operations shall not exceed the maximum height of
40 feet.
a.
The minimum tract size shall be 20 acres.
b.
The screening facility may include sifting, stockpiling and loading
facilities.
c.
No operation involving a screening facility shall be carried out
within 100 feet of a residence or 50 feet from a boundary line, whichever
is greater.
d.
All screening facilities shall be operated only between the hours
of 7:00 a.m. and 7:00 p.m., Monday through Friday.
e.
The maximum noise level measured at the property line shall be:
|
Frequency Band in Cycles Per Second
|
Sound-Pressure Level Decibels re 0.0002 dyne/cm 2
|
|---|---|
|
20-75
|
75
|
|
75-150
|
60
|
|
150-300
|
54
|
|
300-600
|
48
|
|
600-1,200
|
45
|
|
1,200-2,400
|
42
|
|
2,400-4,800
|
39
|
|
Above 4,800
|
36
|
f.
The maximum height of any equipment or material stockpiled used in
sand and gravel operations shall not exceed the maximum height of
40 feet.
g.
The washing of any materials shall be permitted on-site.
h.
The applicant shall maintain water on-site to be used in conjunction
with the stockpiles and the screening apparatus so as to minimize
the amount of airborne dust that is generated.
a.
Conditions of approval:
1.
The use shall front on a State or county road or on a service road
with direct access to a State or county road.
2.
Minimum lot area - three acres.
3.
Minimum lot frontage of 400 feet on a State or county road or service
road.
4.
All structures, parking areas and recreation facilities shall be
set back a minimum of 100 feet from all property lines.
5.
If outdoor lighting is provided, it shall be shielded and arranged
in such a manner that the source of the illumination shall be shielded
from any adjoining property, and the lighting patterns shall be confined
to the property itself.
6.
Suitable landscape buffers shall be provided as required by the planning
board.
a.
Lots shall contain a minimum of 20,000 square feet and have a road
frontage of at least 100 feet: side yard and rear yards shall be as
set forth in the NC neighborhood commercial district.
b.
Off-street parking shall be permitted only in the rear yard and shall comply with the requirements of section 13-19.
c.
Signs shall be limited to free-standing signs located no closer than 10 feet to the front property line and not exceed 15 square feet of area on each face. Such signs shall be either unlighted or shall have internal illumination only and are subject to section 13-17.
d.
The premises shall at all times be maintained so as to preserve a
residential appearance and no building may be erected or altered unless
the plans for the front facade of the building have first been submitted
to and approved by the planning board.
e.
A ten-foot buffer strip of evergreen or other plantings approved
by the planning board shall be maintained adjoining any lot for residential
purposes.
a.
Bed and breakfast operations may only be located in existing buildings
which shall be at least 50 years old as of January 1, 2000, or in
new structures specifically designed for this purpose.
b.
The lot size shall meet the minimum required for the zone. Lot width
shall be a minimum of 200 feet at the front yard setback, with a minimum
of 150 feet frontage at the street.
c.
The impervious surface ratio shall not be greater than 10% over the
maximum permitted in the zone.
d.
Any existing building used for a bed and breakfast shall meet the
minimum front yard setback of the zone. No new construction shall
exceed the minimum front yard setback or any bulk requirements.
e.
Three parking spaces must be provided for the residents, one space
for each nonresident employee during the peak employee shift, and
one space per guest room.
f.
Accessory use. All bed and breakfasts must be an accessory use to
a single-family dwelling.
g.
Limitations on guests/rooms. No more than six guestrooms may be available
for lodging. Furthermore, no more than two adults and two children
(under 18 years of age) may stay in any single room.
h.
External alterations. Any external alterations may be permitted only
after review by the planning board.
i.
Nonresident employees. No more than two nonresident employees may
work on any single shift.
j.
Food service. No cooking facilities shall be permitted within any
guestrooms. Food may be served by the innkeeper only to registered
guests, employees and residents of the building. The only food services
available to guests shall be breakfast, afternoon tea and early evening
cocktails.
k.
Maximum length of stay. The maximum length of an uninterrupted stay
shall be 14 days. Furthermore, no individual may stay at the bed and
breakfast for more than 12 stays per year.
l.
Recreational facilities. Recreation facilities, such as tennis courts
and swimming pools are permitted. However, they are limited to the
use of the guests, residents and their guests, and employees. Buffering
may be required for recreational facilities and parking, as required
by the planning board.
m.
Septic and water. Proof must be provided to the township health officer
that sufficient septic and water facilities are available to the site.
n.
Bathrooms. The living quarters of the bed and breakfast innkeeper
must have separate bathroom facilities from those of the guests. At
least one bathroom must be available for the first guestroom, plus
one bathroom for each two additional guestrooms. Employees may not
use guest bathrooms, and each bathroom must consist of at least one
toilet, one sink and one bath/shower facility.
o.
Permit. A permit must be obtained from the township in order to operate
a bed and breakfast. This permit shall be issued for any appropriate
site meeting all zoning, health, safety, fire and building codes.
It shall be renewed annually upon inspection and approval by the township's
inspectors. This permit process does not require an annual planning
board approval for a conditional use following the initial approval,
unless the use is expanded beyond that level permitted by code or
planning board resolution.
p.
Signs. Only one free-standing or facade sign can be erected, which
shall be wood and illuminated by exterior lighting. Sign area shall
not exceed six square feet. Free-standing signs shall be set back
20 feet from the property line and not exceed a height of four feet.
[Amended 9-8-2022 by Ord. No. 2022-05]
a.
Purpose. The purpose of this subsection is to create the opportunity
to locate personal wireless telecommunications towers, antennas and
facilities in locations in which there will be no substantial impact
on the rural scenic character of Wantage Township. To accomplish this
objective, this subsection establishes location priorities which were
chosen to insure that wireless communications carriers are permitted
to provide a reasonable level of service while protecting the residents
of Wantage Township from the adverse visual impact of a proliferation
of wireless communications towers throughout the township. The overriding
objective of this subsection is to foster the use of existing structures
as the means of mounting the antennas deemed essential to providing
wireless communication services while still permitting new tower construction
if the carrier shows that a given site is the least intrusive means
of providing essential service. Finally, in order to ensure the continued
public health, safety and general welfare, all telecommunications
towers, antennas and facilities shall provide collocation space for
any Township uses, including, but not limited to, emergency services
on towers which also includes ensuring all necessary electricity is
available on a regular and emergency basis so as to further protect
the public’s welfare.
b.
Conditional use standards. Wireless telecommunications antennas,
towers and facilities shall be permitted as conditional uses in the
following locations according to the following standards:
1.
Antennas may be mounted on existing lawful structures owned by the
Township of Wantage provided that:
(a)
The antenna shall not extend higher than 20 feet above the existing
structure upon which the antenna is mounted.
(b)
The antenna shall not extend more than five feet beyond any
side of the existing structure upon which the antenna is mounted.
(c)
Wireless telecommunications facilities shall maintain a fifteen-foot
setback to any property line and shall be appropriately landscaped
as required by the approving authority.
2.
Antennas may be mounted on privately-owned lawful structures provided
that:
3.
Antennas may be collocated on an existing tower or structure owned
by a public utility in any zone provided that:
(a)
The height of the existing tower or utility structure with the
antenna mounted will not exceed the maximum height permitted by this
subsection.
(b)
The tower or utility structure which is proposed for colocation
shall not be modified or reconstructed beyond what is required to
mount the antenna, unless the approving authority permits reconstruction
as a monopole or stealth structure.
4.
New towers may be constructed in any zone provided that:
(a)
The applicant demonstrates to the reasonable satisfaction of
the approving authority that no existing tower, structure or alternative
technology that does not require the use of a new tower can accommodate
the applicant's proposed antenna. The applicant shall submit information
requested by the approving authority related to the availability of
suitable existing towers, structures or alternative technology. Evidence
submitted to demonstrate that no existing tower, structure or alternative
technology can accommodate the applicant's proposed antenna must consist
of evidence showing that a significant gap in the availability of
wireless service will exist if a new tower is not located within the
geographic area. Upon establishing a significant gap in service, the
provider must demonstrate to the reasonable satisfaction of the approving
authority that the proposed tower is the least intrusive means of
filling that gap with a reasonable level of service. To do so, the
provider must show that a good faith effort has been made to identify
and evaluate less intrusive alternatives.
(b)
Minimum lot area - two acres.
(c)
Maximum height of a security fence - six feet.
(d)
Maximum height of an accessory building or structure - 15 feet.
(e)
Maximum area of a personal wireless telecommunications facility
- 2,500 square feet.
(f)
Maximum tower height - 80 feet.
(g)
Setbacks must otherwise meet setback requirements for that particular
zone.
5.
General requirements for all towers, antennas and facilities.
(a)
Stealth requirements. All applicants proposing to place towers,
antennas and facilities in commercial zones are required to show that
they have utilized stealth techniques to conceal the equipment to
the greatest extent possible.
(b)
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 detailed listing of all antennas and equipment. All antenna lessees
shall also be required to notify the above Wantage Township officials
when the use of such antenna 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 antenna and facilities are no longer in use, the owner of the
tower or site upon which it is located shall, and the township engineer
or zoning officer may order in their discretion, 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.
(c)
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 Wantage 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
90 days shall be grounds for the township to require removal of the
tower or antenna at the owner's or property 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.
(d)
Letter of commitment. In the event that an applicant proposes
colocation, 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 applicant, property owner and successors in interest.
(e)
Signs prohibited. No signs shall be permitted on any tower or
equipment shed, 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, antenna
or facility.
(f)
Lighting. No lighting is permitted except as follows:
(1)
An equipment shed may have security and safety lighting at the
entrance, provided the lighting is attached to the shed, 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.
(2)
No lighting is permitted on a wireless telecommunications tower
unless mandated by the Federal Aviation Administration.
(g)
Multiple towers and uses. Any prohibition contained in any local
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.
(h)
Site location analysis. Every application for a wireless telecommunications
tower or antenna shall include a site location alternative analysis,
including an analysis of the location priorities 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:
(1)
How the proposed location of the wireless telecommunication
tower or antenna relates to the objective of providing reasonably
reliable wireless communication services within the Wantage area at
the time full service is provided by the applicant.
(2)
How the proposed location of the wireless telecommunications
tower or antenna relates to the location of any existing towers or
antenna within or near the Wantage area.
(3)
How the proposed location of the wireless telecommunications
tower or antenna relates to the anticipated need for additional towers
or antennas within and near the Wantage area by the applicant, and
by other providers of wireless telecommunications services within
and near the Wantage area.
(4)
How the proposed location of the wireless telecommunications
tower and antenna 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.
(i)
Additional municipal experts. The approving authority 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 wireless telecommunications tower, antenna or facility,
the applicant is deemed to have consented to this procedure.
(j)
All telecommunications towers, antennas and facilities shall
provide collocation space for Township uses, including, but not limited
to, emergency services on towers, at no cost to the Township, which
also includes ensuring all necessary electricity is available on a
regular and emergency basis so as to further protect the public’s
welfare.
a.
Purpose. The purpose, this subsection is to create the opportunity
to locate major solar energy systems in locations in which there will
be no substantial impact on the rural scenic character of Wantage
Township. To accomplish this objective, this subsection establishes
location priorities and setback to enforce the use of appropriate
lands as a means of providing renewable energy resources for not only
surrounding properties but the entire grid.
b.
Conditional use standards. In addition to meeting the standards set
forth for minor solar energy systems, major solar energy systems shall
be permitted as a conditional use providing the following specific
conditional use standards are met:
1.
Conditions of approval.
(a)
The use shall front on a State or county road or on a service
road with direct access to a State or county road.
(b)
Minimum lot area is 10 acres.
(c)
Minimum lot frontage as required by the zone.
(d)
All structures, panels and the like shall be set back a minimum
of 100 feet from all property lines.
(e)
The entire area shall be fenced and appropriately screened from
all adjoining properties. Said landscaping buffer to be provided according
to paragraph 2 below and as specifically required by the land use
board. Maintenance of said landscaped buffer shall be in accordance
with an approved maintenance plan.
(f)
Grading within prime farmland and farmlands of statewide significance
shall be limited to only that necessary to construct access roads,
berms for screening and for construction of inverter and switching
equipment pads.
(g)
Except pursuant to a permit issued by the New Jersey Department
of Environmental Protection (NJDEP), no portion of a major solar energy
system and structures shall occupy areas of land designated and regulated
by NJDEP as floodplains, flood hazard areas, wetlands, wetlands transition
areas or riparian corridors. An applicability determination from the
NJDEP shall be provided to document the presence and/or absence of
these regulated areas.
(h)
Applicant shall adhere to all specific requirements contained
in the section of the chapter entitled "Solar Energy Systems" except
as modified herein.
2.
Screening and buffering. The following minimum screening requirements
shall be met. However, notwithstanding the minimum requirements, the
applicant shall demonstrate, to the satisfaction of the land use board
or zoning board, whichever has jurisdiction, that the proposed screening
provides a visual screen of the facility from neighboring properties.
Additional screening may be needed to meet this requirement as determined
by the board of jurisdiction.
(a)
Screening shall consist of a combination of native plantings,
to the extent possible. Alternately, an earthen berm may be employed
if existing vegetated screening and native plantings will not suffice
to provide the necessary buffer and maintain the rural character of
the township. The need for and location of vegetative screens includes
the identification of appropriate species and varieties of vegetation
to ensure that there is adequate visual screening throughout the year.
(b)
The landscaping plantings shall be designed for enhancing the
quality of the soil and the ability of the land to absorb rainwater.
(c)
Landscaping shall be limited to the extent possible of native
species of deciduous and coniferous trees and shrubs that are indigenous
to the area, as listed in the Natural Resource Inventory, and shall
not include invasive species as listed in Natural Resource Inventory
of Wantage Township. Such plantings shall be depicted on a plan prepared
by a licensed professional. The applicant shall rely upon existing
vegetation, including existing hedgerows or windbreaks that provide
screening, to the maximum extent practical. The appropriate height
or caliper of the vegetation to be planted shall ensure that there
is a 75% screening of the solar energy generation facilities within
five years of completing the installation of the facilities. A photo
simulated exhibit depicting screening at key locations at the projected
five-year period shall be required.
(d)
A barrier shall be installed behind the required screen which
shall:
(1)
Secure the facility at all times.
(2)
Restrict access to all electrical wiring that may be readily
accessible.
(3)
All electrical control equipment shall be labeled and secured
to prevent unauthorized access.
(4)
Conform to the Uniform Construction Code and other applicable
standards.
(5)
One or more access gates to the facility shall be provided.
Each access gate shall include a sign identifying the property owner
as well as responsible parties for operation of the major solar and
photovoltaic energy facilities and structures; for maintenance of
the facility; and for maintenance of the visual screen, landscaping
and security fence. Contact information for all of the above responsible
parties shall be provided on each access gate sign.
(6)
No signs shall be posted on a solar facility or any associated
building, structures, or fencing with the exception of access gate
signs, appropriate warning signs, and manufacturer's or installer's
identification.
(7)
All transformers and high voltage equipment shall be situated
within a compound, which shall be enclosed within a security fence
and access gate, which shall remain locked at all times. If appropriate,
the entire facility shall be enclosed within a security fence and
access gate.
(8)
The height of security fences and access gates shall not exceed
eight feet. Barbed wire fences are not permitted except in cases where
it is demonstrated to the satisfaction of the board of jurisdiction
that barbed wire fencing is required for security purposes. In such
cases the total height of the fence and access gates including barbed
wire shall not exceed eight feet. Approval of barbed wire fencing
for solar facilities is at the discretion of the board of jurisdiction.
(e)
Maintenance plan shall be submitted by the applicant for the
continuing maintenance of all required plantings, including a schedule
of specific maintenance activities to be conducted. A maintenance
plan narrative shall also be included on the site plans in note form.
Maintenance of the required landscaping and fencing shall be a continuing
condition of any approval that may be granted. A cost estimate for
required plantings shall be presented as part of any application and
a five-year maintenance bond approved by the township engineer shall
be a condition of approval. The maintenance plan shall be environmentally
responsible.
(f)
All ground areas occupied by a major solar or photovoltaic energy
facility or structure installation that are not utilized for access
to operate and maintain the installation shall be planted and maintained
with shade tolerant grasses for the purpose of soil erosion control
and soil stabilization.
3.
Decommissioning plan. All applications for a major solar energy system
shall be accompanied by a decommissioning plan to be implemented upon
abandonment, or cessation of activity, or in conjunction with removal
of major solar energy systems. The decommissioning plan shall be submitted
in accordance with the requirements of this section. The decommissioning
plan shall also be documented on the site plans in note form. Prior
to removal of solar energy systems a demolition permit for removal
activities shall be obtained from the Wantage Township construction
official. Prior to issuance of a demolition permit, the owner or operator
of the facility shall post a performance bond to ensure removal of
the facility or systems in accordance with the decommissioning plan.
Disconnection of solar energy systems shall be supervised by an electrician
licensed in the State of New Jersey. The zoning official shall be
responsible for compliance with the decommissioning plan.
(a)
Solar and photovoltaic energy facilities and structures which
have not been in active and continuous service for a period of 18
months shall be removed from the property to a place of safe and legal
disposal in accordance with a decommissioning plan. In order for the
facility to maintain its status as an operating solar farm, an annual
report shall be submitted to the township zoning official stating
the amount of electricity generated by the facility in the previous
year and the number of days the facility was operational.
(b)
If the applicant ceases operation of the energy facility for
18 months; or begins, but does not complete, construction of the project
within 18 months of receipt of final site plan approval, the applicant
shall restore the site according to a decommissioning plan prepared
by the applicant and approved by the board. The applicant shall submit
a decommissioning plan that ensures that the site will be restored
to a useful, non-hazardous condition without significant delay, including
but not limited to the following:
(1)
Removal of aboveground and underground equipment, structures
and foundations. The plan shall describe the means by which all equipment
and components of the system(s) shall be disposed of in an environmentally
responsible manner and in accordance with prevailing Federal, State
and local regulations.
(2)
Restoration of the surface grade and soil after removal of aboveground
structures and equipment.
(3)
Revegetation of restored soil areas with native seed mixes,
plant species suitable to the area, which shall not include any invasive
species. In farmland areas, the revegetation component of the decommissioning
plan may include provisions to resume agricultural use of the site.
(4)
The plan must provide for the protection of public health and
safety and for protection of the environment and natural resources
during site restoration. The decommissioning of all solar energy generation
facilities shall be done in accordance with a conservation plan designed
to address the impacts of the decommissioning process.
(5)
The plan must include a timeline for completion of site restoration
work.
(c)
A cost estimate shall be provided for the cost of fully implementing
the decommissioning plan prior to the issuance of a demolition permit.
The cost estimate shall be subject to review and approval by the township
engineer.
(d)
Before beginning any decommissioning activities, the applicant
must submit a performance bond in a form and amount satisfactory to
the township attorney, which shall be based upon an estimate approved
by the township engineer, assuring the availability of adequate funds
to remove the solar infrastructure and restore the site to a useful,
non- hazardous condition in accordance with the decommissioning plan.
(e)
Upon cessation of activity for a cumulative period of 18 months
of construction or installation activities of an approved major solar
energy system, the township shall notify the owner and/or the operator
of the facility to complete construction and installation of the facility.
If the owner and/or operator fail to complete construction and installation
activities within 180 additional days, the township may order the
owner and/or operator of the facility to implement the decommissioning
plan. Within 180 days of notice being served, the owner and/or or
operator shall substantially complete all activities in the decommissioning
plan.
(f)
Upon cessation of activity of a fully constructed major solar
energy system for a cumulative period of one year, the township shall
notify the owner and/or the operator of the facility to implement
the decommissioning plan. The township zoning official shall be responsible
for enforcement. Within 180 days of notice being served, the owner
and/or operator shall either resume energy generation to at least
80% capacity of the facility or system as established at the time
of approval, or fully implement the decommissioning plan. If, within
180 days of receipt of notice, the owner and/or operator of the facility
or system fail to resume energy generation to at least 80% of capacity
of the facility or system as established at the time of approval,
the township shall order the owner and/or operator of the facility
to implement the decommissioning plan.
(g)
If the operator fails to fully implement the decommissioning
plan subject to the procedures and timelines set forth in paragraphs
(e) and (f) above, or is otherwise unable to restore the site as required
within 180 days of the township's service of notice in accordance
with this section, the township may, at its own expense, provide for
the restoration of the site in accordance with the decommissioning
plan and may in accordance with the law recover all expenses incurred
for such activities from the defaulted operator and/or the property
owner. The costs incurred by the municipality shall be assessed against
the property, shall become a lien and tax upon the said property,
shall 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.
[Added 6-24-2021 by Ord.
No. 2021-12]
a.
In addition to the minimum standards set forth in Section 13-9B.7, the following shall be additional conditional use standards:
1.
Multifamily residential uses shall provide ingress and egress to
Route 23 from two separate locations, including one signalized ingress/egress
point.
2.
The multifamily residential use must be part of a residential community
which includes both multifamily residential and commercial space.
The primary use of the community shall be residential, and no less
than 15,000 square feet of floor area shall be made available for
commercial use.
3.
The multifamily residential use shall be serviced by a central water
and sewer system.
4.
Minimum lot area for multifamily residential uses shall be a gross
five acres.
5.
The maximum density for multifamily residential uses shall be 12
units per acre.
6.
All multifamily residential structures shall be set back a minimum
of 100 feet from Route 23. The minimum front yard shall be 100 feet.
For the purposes of this section, "front yard" means the portion of
real property adjacent to the most active roadway surrounding the
property.
7.
The minimum side and rear yards shall be 35 feet.
8.
The maximum impervious coverage for multifamily residential uses
shall be 50%.
9.
The maximum building coverage for multifamily residential uses shall
be 20%.
10.
The maximum building height for multifamily residential uses
shall be three stories and 40 feet.
11.
All residents of multifamily residential uses shall have access
to and use of proximate outdoor recreation facilities, including but
not limited to: playgrounds; ball fields; hiking paths; exercise facilities;
tennis courts; clubhouses and other improvements. Such recreational
facilities shall not be located more than 1,500 feet from the nearest
exterior property boundary of the multifamily residential use.
12.
Parking standards for multifamily residential uses shall be
determined by the applicable RSIS standards.
13.
Any undeveloped portions of the parcel shall remain as open
space and indicated on plans at the time of initial approval.
[Ord. #79-10; Ord. #86-03; Ord. #93-07; Ord. #93-12]
The office of zoning officer is hereby created. It shall be
the duty of the zoning officer to enforce this chapter in accordance
with the provisions of this chapter and the Land Use Procedures Ordinance
of Wantage Township. Pursuant to that duty, he shall investigate any
violation of alleged violation of this chapter coming to his attention.
All applications to the construction official for building permits
shall be examined by the zoning officer as to compliance with this
chapter. The zoning officer shall require two sealed plot plans; with
an embossed seal prepared by a New Jersey licensed professional engineer,
land surveyor or architect, drawn to scale, and showing the size and
location of all existing and proposed buildings, structures and other
facilities sufficient to enable him to determine whether all zoning
requirements are met. The requirement for sealed plot plans may be
waived for minor alterations to the site where, in the judgment of
the officer, the sealed plot plan is not required. Where the requirement
for a sealed plot plan is waived, a sketch prepared by the owner or
applicant may be accepted in lieu thereof. Where there is a question
as to the size, location or other zoning requirement, he may require
a sealed location survey. In the event of any material deviation from
the approved application, plot plan or building plans, the zoning
officer may stop construction by posting a stop-work notice at the
building site. The zoning officer shall have the right to enter any
building or premises during the daytime in the course of duty after
proper notification to the property owner or occupant of the property.
a.
A zoning permit shall be required in the following instances:
1.
Zoning permits required prior to change of use. Before changing the
use of any building, structure, lot or parcel of land, or a portion
thereof, or allowing said change.
2.
Zoning permits required for the construction, erection, alteration
or enlargement of any building except a single family residential
dwelling. With the exception of a single family residential dwelling,
before constructing, erecting, altering or enlarging or permitting
the construction, erection, alteration or enlargement of any building
or structure on a lot or tract of land or before occupying any building,
structure, lot or tract of land.
3.
Zoning permits required for single family residential dwellings in
certain instances. Before constructing or erecting a single family
residential dwelling, or before constructing an addition to a single
family residential dwelling, or before occupying a single family residential
dwelling on a tract of land where the use has been changed to a single
family residential dwelling from some other use.
b.
A zoning permit shall be shown that every building or premises or
part thereof, and the proposed use thereof, are in conformity with
the provisions of this chapter or in conformity with the provisions
of a variance granted according to law.
c.
All zoning permits shall be issued in triplicate. No owner, contractor,
workman or other persons shall perform any building operations of
any kind unless the zoning permit covering such operation has been
previously issued. Furthermore, no building operations of any kind
shall be performed after notification of the revocation of said zoning
permit.
d.
A record shall be kept of all zoning permits issued, and the original
applications therefor shall be kept on file in the same manner as
applications for building permits. No owner, tenant or other persons
shall use or occupy any building or structure thereafter erected or
altered, the use of which shall be changed after passage of this chapter,
without first obtaining a zoning permit.
e.
A zoning permit, unless revoked, shall continue in effect so long
as there is no change of use of the premises.
f.
The zoning officer shall act upon all such applications within 15
days after receipt of a fully filled in application or shall notify
the applicant in writing of his refusal to issue such permit and the
reasons therefor.
g.
Failure to notify the applicant in case of such refusal within said
15 days shall entitle the applicant for a zoning permit to file an
appeal to the zoning board of adjustment as in the case of a denial.
h.
If it shall appear at any time to the zoning officer that the application
or accompanying plans is in any material respect false or misleading
or that the work being done upon the premises is materially different
from that called for in the application previously filed with him
or may be in violation of any provision of this chapter or that the
conditions imposed by either the planning board or board of adjustment
are not being met within the time or in the manner required by the
approving authority, he may forthwith revoke the zoning permit.
i.
Within one year from the effective date of this chapter or within
one year from the effective date of any subsequent amendment to the
Zoning Ordinance of the Township of Wantage the effect of which is
to make certain uses nonconforming, the owner of the property upon
which any such nonconforming use exists may apply for and obtain at
no charge a zoning permit certifying the extent and kind of use and
specifying the nonconformity in detail. After the expiration of any
such one-year period a zoning permit may be issued for a nonconforming
use only by the zoning board of adjustment after a hearing held on
notice to all persons entitled thereto, when such plans have been
approved by the construction official together with such permits as
may be granted.
It shall be unlawful for an owner to use or permit the use of
any building or part thereof hereafter erected, altered, converted,
or enlarged, wholly or in part, until a certificate of occupancy,
applied for at the time of application for a building permit, shall
have been issued by the construction official. Such certificate shall
show that such building or part of the building and the proposed uses
thereof conform to the requirements of this chapter. It shall be the
duty of the construction official to issue a certificate of occupancy
only when he is satisfied that the building, or part of the building,
and the proposed use thereof so conforms.
No land shall be used, no use shall be commenced and no structure
shall be erected, constructed, reconstructed, altered, converted and
no land, use or structure shall be changed from an existing use to
a new use until a zoning permit is issued by the zoning officer stating
that such use, structure or building conforms and complies with the
provisions of this chapter or that a variance has been granted from
the appropriate provisions of this chapter by a board of competent
jurisdiction.
It shall be the duty of the construction official to keep a
record of all applications for building permits, a record of all permits
issued, and a record of all certificates of occupancy, together with
a notation of all special conditions involved. He shall file and safely
keep copies of all plans submitted, and the same shall form a part
of the records of his office, and shall be available for the use of
the township committee and of other officials of the township.
The zoning officer may issue a temporary zoning permit and the
construction official may issue a temporary certificate of occupancy
for a use of land or a building which is related to the development
of a permitted use of the property. In evaluating any application
for such temporary permits, the building or structure in question
must meet the minimum requirements as set forth in the New Jersey
Uniform Construction Code Act for the issuance of temporary certificates
of occupancy and a bond shall be posted which is sufficient in the
judgment of the zoning officer and construction official, that will
guarantee the completion of the project. Such temporary permits shall
be issued for a period not to exceed six months and may be extended
for an additional period not to exceed six months.
The construction official shall prepare a monthly report summarizing
for the period since his last previous report all buildings permits
issued and certificates of occupancy issued by him, and all complaints
of violations and the action taken by him with respect thereto. Such
report shall be in such form and shall contain such information as
the township committee may direct. Such reports or a copy thereof
shall be made available to the tax assessor.
The following fees shall be paid by the applicant to the township:
a.
For the issuance of a certificate of occupancy - As specified in
the Uniform Construction Code.
b.
For the issuance of a zoning permit - $20.
c.
For filing applications before the zoning board of adjustment:
|
R.S.
|
40:55D-70
|
Residential
|
Commercial
|
Industrial
|
|---|---|---|---|---|
|
(a)
|
$25
|
$50
|
$50
| |
|
(b)
|
$25
|
$50
|
$50
| |
|
(c)
|
$25
|
$100
|
$100
| |
|
(d)
|
$150
|
$300
|
$500
|
d.
For applications before the zoning board of adjustment pursuant to
R.S. 40:55D-76 in accordance with the appropriate fees as set forth
in the subdivision and site plan chapters.
In addition to actions commenced by the zoning officer in the
enforcement of this chapter, in cases where any building or structure
is, or is intended to be, erected, constructed, reconstructed, altered
or converted, or any building or structure is, or is intended to be
used in violation of, or contrary to the provisions of this chapter,
the attorney for the zoning board of adjustment is hereby authorized,
pursuant to directions of the township committee, to institute an
action to enjoin the erection, construction, alteration, conversion
or use of any such structure or building, or the commencement of any
use in violation of this chapter, or to pursue any other appropriate
action, proceedings, or remedies available at law to prevent the commencement
of or the continuation of such use.
[Ord. #79-10; Ord. #2007-10]
Any person who shall violate any of the provisions of this chapter or Chapters 12 (Land Subdivision) or 16 (Site Plan) or fail to comply therewith, or with any of the requirements thereof, or who shall erect, structurally alter, enlarge, rebuild or move any building or buildings or any structure, or who shall put into use any lot or land in violation of any detailed statement or plan submitted hereunder, or who shall refuse reasonable opportunity to inspect any premises shall be liable for a penalty as stated in Chapter 3, section 3-1. Each and every day such violation continues shall be deemed a separate and distinct violation.
The owner of any structure, lot or land, or part thereof, where
anything in violation of the above chapters shall be placed or shall
exist and any architect, builder, contractor, agent, person or corporation
employed in connection thereof who assists in the commission of such
violation shall each be guilty of a separate offense and upon conviction
thereof each shall be liable for the penalty specified above.
[Ord. #79-10]
This chapter may be amended in accordance with the provision
of the Statutes of the State of New Jersey.
[Ord. #79-10]
This chapter shall be read in para materia with the land use
procedures chapter of this revision with the provisions of the Municipal
Land Use Law, C. 291, L. 1975, R.S. 40:55D-1 et seq., to the end that
all procedures, and to the extent possible, all substantive provisions
of the zoning ordinances shall be in compliance with the provisions
of the Municipal Land Use Law, R.S. 40:55D-1 et seq.
[Ord. #79-10]
This chapter shall take effect on May 7, 1979.
[Ord. #88-12; Ord. #89-04; Ord. #2004-14; Ord. #2006-08]
The purpose of this section (section 13-30) is to provide an opportunity for the construction or rehabilitation of housing for low and moderate income households in accordance with the Fair Housing Act.
Use
All development shall maintain a fifty-foot minimum buffer to
all exterior property lines. Said buffer shall be bermed or landscaped
and remain unoccupied except for entrance roads or utilities.
[1]
See Schedule included as an attachment to this chapter
a.
The minimum distance between buildings shall be as follows:
1.
Windowless wall to windowless wall: 20 feet.
2.
Window wall to windowless wall: 30 feet.
4.
Any building face to local street curb: 25 feet.
5.
Any building face to collector street curb: 40 feet.
6.
Any building face to arterial street curb: 50 feet.
7.
Any building face to common parking area: 12 feet.
b.
The planning board may reduce the above distances by not more than
1/3 if there is an angle of 20° or more between buildings and
if extensive landscaping or buffers are placed between buildings.
Low and moderate income housing units shall be situated on the
development tract in locations no less desirable than the other dwelling
units within the development, and shall be at least equally accessible
to common open space and community facilities.
a.
Number and type of lower income dwelling units required. All development
in the ML Zone shall be required to provide 20% of all dwelling units
to be affordable for lower income households, unless the in-lieu payment
option is selected. A minimum of 15% of all such lower income units
shall be three-bedroom units of which 1/3 will be available to low-income
households. Not more than 50% of all lower income units shall be one-bedroom
units.
b.
Eligibility standard.
1.
One-half of all lower income units shall meet HUD Section 8, or other
assisted housing programs, eligibility requirements for very low income
(Mt. Laurel II low income) and 1/2 shall meet HUD eligibility requirements
for lower income (Mt. Laurel II moderate income).
2.
The applicant may substitute alternate comparable standards (other
than HUD) where appropriate and to the satisfaction of the planning
board.
3.
The reviewing municipal board may permit age restrictions upon the
occupants of any low and moderate income housing, but only in accordance
with N.J.A.C. 5:92-14.3 or other prevailing law, rule or regulation.
4.
Initial pricing of the low and moderate income housing units shall
comply with N.J.A.C. 5:92-12.4 or other prevailing law, rule or regulation.
5.
The price of low and moderate income housing shall comply with the
range of affordability set forth in N.J.A.C. 5:92-14.2 in accordance
with applicable law.
d.
Maximum monthly housing costs. The maximum monthly housing cost shall
be 25% of the gross annual household income based on HUD's Section
8 income limits, adjusted for household size. The current maximum
rent, sales prices, and monthly housing cost for sales housing is
contained in Tables 1 and 2 at the end of this section which shall
be revised annually as new HUD figures become available and tax rates
change.
e.
Subsidies. Government subsidies may be used at the discretion of
the applicant to fulfill the requirements of the section. The lack
of said subsidies shall in no way alter or diminish the lower income
requirements of this section.
f.
Resale and rental of lower income housing.
1.
All lower income dwelling units within the ML zones shall be required
to have covenants running with the land to control the resale price
of sub-lease or for-sale units or to employ other legal mechanisms
which shall be approved by the township attorney and will, in his
opinion, ensure that such housing will remain affordable to persons
of lower income in accordance with applicable law.
2.
The owner of all rental units shall provide legal documentation,
to be approved by the township attorney, to assure that rental units
will remain affordable to persons of lower income in accordance with
applicable law.
3.
In the event that no low or moderate income purchaser is found within
90 days, after the unit is listed for sale with a realtor and the
township is notified in writing of such listing, the low income unit
may be sold to a moderate income purchaser or, if none is available,
to any interested purchaser and the moderate income unit to any interested
purchaser. Proof of the attempt to sell shall be submitted to and
shall be satisfactory to the housing administrator. Resale controls
shall remain in effect for any subsequent resales and subleases in
accordance with applicable law.
4.
The developer shall formulate and implement a written affirmative
marketing plan acceptable to the planning board. The affirmative marketing
plan shall be realistically designed to ensure that lower income persons
of all races and ethnic groups are informed of the housing opportunities
in the development, feel welcome to seek or buy or rent such housing
and have the opportunity to buy or rent such housing. It shall include
advertising and other similar outreach activities.
5.
Sales prices and rents may be increased in accordance with the annual
Metropolitan New York Regional Consumer Price Index for Housing of
the Department of Labor. For sales, housing, the sales price may also
be increased for documented monetary outlays for reasonable improvements
previously approved by the housing administrator and reasonable costs
incurred in selling the unit. After 30 years, all such units may be
sold or rented without restrictions.
6.
Rehabilitated owner-occupied single-family housing units that are
improved to code standards shall be subject to affordability controls
for at least six years.
7.
Rehabilitated renter-occupied single-family housing units that are
improved to code standards shall be subject to affordability controls
for at least 10 years.
8.
Income eligible township residents and employees shall have first
priority over no more than 50% lower income housing for a period not
to exceed 30 business days from the time such units are listed for
sale or resale or made available for rent. Selection procedures shall
be directed and administered by a township official appointed each
year as the housing administrator by the township committee. The township
committee may arrange for third party administration of resale and
tenant selection of lower income housing.
g.
Phasing of lower income housing.
1.
Schedule for phasing.
(a)
Lower income housing shall be phased in accordance with the
following schedule:
|
Percentage of Total Market Housing Unit Certificate of Occupancy
|
Minimum Percentage of Lower Income Housing Unit Certificate
of Occupancy
|
|---|---|
|
0
|
25
|
|
10
|
25 + 1 unit
|
|
50
|
50
|
|
75
|
75
|
|
100
|
90
|
|
—
|
100
|
(b)
The developer may construct the first 25% of the market housing
units without constructing low and moderate income housing units.
No certificates of occupancy shall be issued for any of the next 25%
of market units until 25% of the low and moderate income housing units
(of which half must be low income) shall have been issued certificates
of occupancy. The remaining required low and moderate income housing
units shall be completed and certificates of occupancy issued before
certificates of occupancy are issued for any market housing units
in excess of 75% of the total market housing units to be constructed.
2.
Any development in the ML zones for which site plan approval has
been obtained shall be considered a single development for purposes
of this paragraph g, regardless of whether parts or sections are sold
or otherwise disposed of to persons or legal entities other than the
one which received approval. All such approvals and conditions of
approvals shall run with the land. Any tracts or parcels sold shall
include documentation satisfactory to the township attorney, setting
forth the requirements for low and moderate income housing units.
h.
Waiver of fees.
a.
A minimum of 20% of the land area of any development, other than
single or two-family housing, and which may include environmentally
restricted land shall be designated for conservation, open space,
recreation and/or other common open space.
b.
All property owners and tenants shall have the right to use the common
open space.
c.
Common open space may be deeded to the township, if accepted by the
governing body, or to an open space organization or trust, or to a
private nonprofit organization charged with the provision of recreation
activities for the residents of the development.
d.
All common open space deeded to an open space organization, trust
or private organization shall be owned and maintained as provided
for in N.J.S.A. 50:55D-43.
a.
Drainage. The drainage system shall be a combination of structural and nonstructural measures of controlling stormwater runoff in conformance with standards set forth in the New jersey Residential Site Improvement Standards, N.J.A.C. 5:21-1.1 and/or the requirements of Chapter 14A. Stormwater Control, as applicable.
b.
Lighting.
1.
Street lighting may be required for all road intersections and along
all collector and local roads, parking areas and anywhere else deemed
necessary for safety reasons by the reviewing agency.
2.
Any outdoor lighting, such as building and sidewalk illumination,
driveways with no adjacent parking, the lighting of signs and ornamental
lighting, shall be shown on the lighting plan in sufficient detail
to allow a determination of the effects upon adjacent properties,
roads and traffic safety from glare, reflection and overhead sky glow
in order to recommend steps needed to minimize these impacts.
3.
Specific lighting requirements. The maximum intensity of lighting
permitted on roadways shall be as follows:
|
Average Maintained Horizontal Illumination for Residential Areas
| |
|---|---|
|
Type of Road
|
Illumination (footcandles)
|
|
Collector
|
0.6
|
|
Local
|
0.4
|
c.
Sanitary sewers. All projects within the ML zone shall be served
by a central sewer plant. The applicant shall design and construct
such facilities in accordance with the New Jersey Department of Environmental
Protection permit requirements and in such a manner as to make adequate
sewage treatment available to each lot and structure within the development
from said treatment and collection system. The applicant shall install
sewers, including connections to each home.
d.
Roads.
1.
All developments shall be served by paved roads in accordance with
the approved subdivision and/or site plan; all such roads shall have
adequate drainage.
2.
Local roads shall be planned so as to discourage through traffic.
3.
The minimum public road right-of-way and cartway and the minimum
private street cartway shall be in accordance with the following schedule:
|
Right-of-way
(feet)
|
Cartway
(feet)
| |
|---|---|---|
|
Collector road
|
50
|
30
|
|
Local road with parking on one side only
|
40
|
26
|
|
Local street with no on-street parking
|
40
|
24
|
|
Local street with on-street parking on both sides
|
50
|
30
|
4.
Street intersections shall be as nearly at right angles as is possible
and in no case shall be less than 80°. Approaches to all intersections
shall follow a straight line for at least 100 feet or a curve with
a radius of not less than 600 feet. No more than two streets shall
meet or intersect at any point, and the center lines of both intersecting
streets shall pass through a common point.
5.
A tangent of at least 100 feet shall be provided between reverse
curves on collector streets.
6.
Culs-de-sac shall be no more than 1,250 feet in length and shall
provide access to no more than 80 dwelling units. A turnaround shall
be provided at the end of the cul-de-sac with a paved turning radius
of 40 feet and right-of-way in the case of public streets of 100 feet.
7.
The pavement standard for all roads shall be a base course of four
inches of Bituminous Stabilized Base, Stone Mix No. 1, paced on a
compacted, unyielding subgrade, with a surface course of two inches
of Bituminous Concrete, Type F.A.B.C. - 1, Mix No. 5. applied in accordance
with state highway specifications.
e.
Water supply. All projects in the ML Zone shall be serviced by a
central water system. The system shall be designed and constructed
in accordance with the requirements and standards of the agency or
authority having water supply jurisdiction. Where public water is
available, water mains shall be constructed in such a manner as to
make adequate water service available to each lot or building within
the development.
a.
Notwithstanding any provision set forth elsewhere in this section,
the planning board may waive any engineering and construction design
requirements contained in this ordinance in order to achieve the objectives
of the ML zones, provided that the planning board shall be satisfied
that such a waiver does not jeopardize the public health and safety.
b.
The planning board shall act on an application for site plan approval
in the ML zones within 95 days of submission of a completed application.
All requirements of the Land Use Regulations as to submission requirements
shall be met.
Upon the construction or rehabilitation of 55 housing units,
or whatever quota the township is currently assigned under the Fair
Housing Act, the township committee in its discretion may further
amend this section so that multi-family housing is no longer permitted
in the ML zone districts.
An affirmative marketing program complying with the requirements
of N.J.A.C. 5:92-15.2 et seq. shall be prepared by the Wantage Township
Affordable Housing Administrator. The program shall be submitted to
the council on affordable housing for review and approval. Once approved
it shall be complied with.
a.
Within all rounds of applicant selection, random selection of eligible
applicants should prevail.
b.
Housing administrator of Wantage Township shall prepare progress
reports on an eighteen-month cycle from the date of substantive certification.
These shall be made available to the public and filed with the council
on affordable housing. These reports shall provide an analysis of
the actual characteristics of households occupying low and moderate
income units compared with the occupancy preference in N.J.A.C. 5:92-15.1.
c.
Three and six years from substantive certification, housing administrator
of Wantage Township shall prepare summary reports of their affirmative
marketing programs. These reports shall expand upon previous progress
reports by assessing the aggregate and up-to-date effectiveness of
the programs. If applicable, housing administrator of Wantage Township
shall recommend improvements to redress their record of occupancy
preference to reflect requirements as in N.J.A.C. 5:92-15.1.
In Holmdel Builder's Association v. Holmdel Township, 121 N.J.
550 (1190), 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 section shall be interpreted
within the framework of COAH's rules on development fees.
a.
Residential development fees. Within a residential zone, developers
shall pay a development fee of 1% of the equalized assessed value
of any subdivision activity of two to seven lots.
b.
Commercial and industrial development fees. Commercial or industrial
developers shall pay a development fee of 1% of the equalized assessed
value of any new building or addition to an existing building.
c.
Eligible exaction, ineligible exactions and exemptions.
1.
Developers of inclusionary 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.
4.
Developers of any church, library, school, college, government facility,
or public utility shall be exempt from the development fees.
d.
Collection of fees.
1.
Developers shall pay 50% of the calculated development fee to the
Township of Wantage at the issuance of a building permit. 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 Wantage
at the issuance of certificates of occupancy; the tax assessor shall
provide a standardized calculation for the equalized assessed value.
The developer shall be responsible for paying the difference between
the fee calculated at certificates of occupancy and the amount paid
building permit.
e.
Housing trust fund.
1.
There is hereby created an interest bearing housing trust fund in
the name of Wantage Township for the purpose of receiving development
fees from residential 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 Wantage 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; and the written authorization from the governing body.
f.
Use of funds.
1.
Money deposed in a housing trust fund may not be used for any activity
approved by COAH for addressing the Township of Wantage'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 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 revenues shall be expended on administrative
costs necessary to develop, revise or implement the housing plan element.
Examples of eligible administrative activities include personnel;
consultation service; space costs; consumable supplies; and rental
or purchase of equipment.
3.
Development fees shall not be expended to reimburse the Township
of Wantage for housing activities that preceded substantive certification.
g.
Monitoring.
1.
The township shall complete and return to COAH all monitoring forms
related to the collection of development fees, expenditures of revenues
and 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 in paragraph h,
2 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 paragraph 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 15-91.11 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 conditions 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 the time limits
imposed 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 this subsection. This subsection shall expire if:
1.
COAH dismisses or denies Wantage's petition for substantive certification;
2.
COAH revokes substantive certification or its certification of this
subsection;
3.
Substantive certification expires prior to Wantage's filing an adopted
housing element with COAH, petitioning for substantive certification
or receiving COAH's approval of this subsection.
The zoning map of the Township of Wantage is hereby amended
to reflect that the following lots and blocks are included in the
ML zone District: Block 2, Lot 20.01; Block 21, Lot 34; Block 21,
Lot 33.02; Block 17, Lot 27 and Block 44, Lot 12 and Lot 13.02.
