[Res. 1-24-79; Ord. No. 2000-3]
In the R-1 Residence District only, cluster developments, as
defined in this ordinance, may be established subject to the following
provisions:
a.
Each individual lot of a cluster plan may be reduced to a minimum
area of one-half acre, but only when soil studies made by the Soil
Conservation District and soil borings made by a licensed professional
engineer during the months of February or March disclose a depth of
at least seven feet to ground water.
b.
Easements or covenants to the Township of Greenwich restricting undeveloped
land which is set aside as part of a cluster development shall be
recorded in the chain of title of the land as a condition of approval
of the cluster development Any land on the site not contained in the
cluster lots shall be so restricted from development.
c.
The gross dwelling unit density for the total project site area shall
adhere to the Schedule of District Regulations for gross unit density
and the remaining land area of the parcel left undeveloped shall be
placed under deed restriction, easement or covenant to lawfully restrict
its development.
d.
Yard requirements, building and accessory use requirements for individual
cluster plan lots shall be the same as those specified on the Schedule
of District Regulations for R-1 districts. Each cluster lot shall
share at least one common lot line with another cluster lot.
e.
The land area to be subdivided for any cluster plan development shall
involve the creation of at least four cluster plan lots for development.
[Res. 1-24-79]
Earth extraction operations may be established in R-A residential
agricultural districts only as a conditional use requiring site plan
review and approval in accordance with the following standards and
requirements and in accordance with other applicable Township ordinances:
a.
In addition to complying with applicable provisions of the Greenwich
Township Subdivision and Site Plan Review Ordinance, the site plan
for any prospective earth extraction uses shall show the area to be
excavated; depth of proposed excavations; setbacks from roads, highways
and property lines; and detailed topographic information showing existing
and future surface drainage patterns. Information accompanying the
plans shall stipulate the period of time during which the operation
will continue, the type of equipment to be used (including delivery
vehicles), the daily hours of operation, and measures proposed for
avoiding safety hazards, wind erosion, excessive noise and other nuisance
characteristics.
b.
A certificate of occupancy, as required by subsection 26-10.7, shall not be issued for any earth extraction operation until authorized by the Planning Board. In addition, the continuing validity of such certificate shall depend upon continuing compliance with the following standards and requirements, as well as any special conditions attached by the Planning Board where unusual circumstances exist:
1.
The operation of the earth extraction use shall be conducted in such
a manner as to obviate excessive dust and noise. The operator shall
maintain haulage roads, situated within 1,000 feet of any dwelling,
in a dust-free condition, providing such surfacing or other treatment
recommended by the Planning Board.
2.
Excavations or stockpiled material shall not be located closer than
200 feet to any district in which earth extraction uses are not permitted;
nor closer than 150 feet to the boundary line of an adjoining property
or any existing street or road.
3.
No pit shall be excavated to a water-producing depth. Soil borings
shall be made by a licensed New Jersey engineer to determine the distance
to seasonal high water. Such borings shall be made between January
15 and April 15.
4.
Any tract of land to be used for earth extraction operations shall
be at least 125 acres in size, unless it is contiguous to lands already
used by an active earth extraction operation, in which case the coordination
of restoration plans between the new and existing uses will be required.
5.
Proof of legal right of access to earth sites must be shown where
no frontage on a public road or highway exists and access routes shall
not pass through existing residential areas.
6.
Sufficient topsoil shall be stockpiled during the operation to recover
all excavated areas to a depth naturally found on undisturbed neighboring
land.
7.
Provision for protective fencing or earthen berms shall be required,
depending on the nature of the operation, distance from developed
areas, depth of pits and slope of pit walls.
8.
Before any certificate of occupancy or license is issued for an earth
extraction use, the owner or operator shall file with the Township
Clerk a performance bond issued by an insurance company authorized
to do business in the State of New Jersey or a certified check in
the amount of $750 per acre for each acre licensed to be used for
earth extraction. Such bond or other security shall be accompanied
by an agreement signed by the applicant and landowner, if a different
person, granting the municipality the right of access to make inspections
to assure compliance during periods of operation and to perform all
necessary rehabilitation of bonded property in the event of forfeiture
of the bond. In the event of default, forfeiture shall be made by
the Planning ;Board after public hearing on not less than five days
written notice mailed to the principal and surety at their last known
post office addresses, which notice shall be complete upon mailing.
The bond or other security may be released upon satisfactory restoration
of the complete project area or portions of the security may be released
as proportional stages of restoration are accomplished on determination
of the Planning Board in accordance with the above listed operating
standards and the following restoration standards:
(a)
Pits are not subject to spasmodic standing water and spoil banks
shall be left with a slope ratio not exceeding one foot vertical to
three feet horizontal. All slopes and other excavated areas shall
be graded, covered with topsoil, fertilized, mulched and reseeded
so as to establish a firm cover of grass or other vegetation sufficient
to prevent erosion, or in the case of formerly wooded areas, replanted
in accordance with a planting scheme arranged in conjunction with
the State Forester.
(b)
Depressions shall not be left below surrounding ground level
unless property is graded to prevent temporary collection of surface
water. All surface drainage shall be controlled to prevent any silt
or other debris from flowing over adjacent properties or public roads.
All provisions to control natural drainage shall meet with the approval
of the Township Engineer.
9.
Any engineering or legal expenses incurred in insuring compliance
with the above requirements shall be borne by the applicant. All applications
shall be accompanied by a fee of $300 to be used by the Township to
defray the cost of professional service in the review of plans for
excavation and rehabilitation. In the event the initial fee is not
adequate for such purpose, an additional sum shall be provided by
the applicant. In the event the total fee submitted is not required,
any portion remaining at the time of issuance of the certificate of
occupancy shall be returned to the applicant.
[1]
Editor's Note: Former subsection 26-9.3, Gasoline Stations
and Repair Garages, was repealed by Ord. No. 2000-3.
[Res. 1-24-79, Ord. August 1983, Ord. No. 2014-18; amended 10-15-2019 by Ord. No.
46-2019]
The following procedures, regulations and standards shall apply
in the case of any application to construct, alter, relocate or demolish
any building, landmark, place, improvement or structure within the
Historic Conservation District as shown on the Zoning Map or other
designated historic properties in the Township of Greenwich.
a.
Objectives. It is the intent of these regulations to:
1.
Safeguard the heritage of the historic village and other designated
historic properties in the Township of Greenwich and to promote a
sound, long-range economic asset by preserving a substantial part
of the community which best reflects elements of its cultural, social
economic and architectural history.
2.
Preserve the historic fabric of the district to avoid to the greatest
extent possible attrition of the physical historic materials that
constitute the essence of the district's historic significance.
3.
Stabilize and improve property values.
4.
Foster civic beauty.
5.
Promote the use of significant historic areas and structures for
the education, pleasure and welfare of both the citizens of Greenwich
Township and its visitors, and to offer design and historic research
assistance to all historic building owners whether in or out of the
defined and delineated historic district.
b.
Historic Building Review. A Certificate of Appropriateness, issued
by the Zoning Officer after consultation with the Class A or Class
B member of the Historic Preservation Commission, shall be required,
subject to the exceptions described in paragraph b.2 below, for any
of the following, or in the event no building permit is required,
before any work can commence on any of the following activities involving
a building, landmark, place, improvement or structure within the Historic
Conservation District or other designated historic properties in the
Township of Greenwich.
1.
Actions Requiring Review.
(a)
Demolition of any building, landmark, place, improvement or
structure;
(b)
Relocation of any building, landmark, place, improvement or
structure;
(c)
Change in the exterior appearance of any building, landmark,
place, improvement or structure by addition, alteration, maintenance,
reconstruction, rehabilitation, repair, replacement or restoration,
which change is visible on the exterior of the building or structure.
(d)
Any new construction of a principal or accessory structure.
(e)
Changes in existing walls, fences, porches, railings, steps,
signs or construction of any walls, fences, porches, railing, steps
or signs, if visible on the exterior of a building or structure.
2.
Actions Not Requiring Review.
(a)
Changes to the interiors of structures;
(b)
Repair, or exact replacement of any existing improvement provided
that the work does not alter the exterior appearance of the structure.
In the event, however, that previous noncontributing or disharmonious
repair work is being replaced, such repair or replacement is permitted
only if the repair or replacement returns the structure to its original
condition to the extent practicable. The following are some of the
activities which are permitted as repairs:
(1)
Repairs of existing windows and doors and the installation of
the storm doors and windows that do not change their material, design,
scale, or appearance.
(2)
Maintenance and repair of existing roofing materials involving
no change in the material, design, scale or appearance of the structure;
(3)
Structural repairs which do not alter the exterior appearance
of the structure.
(4)
Replacement of existing weatherboards, shingles, or other siding
with identical material;
(5)
Maintenance and repair of existing weatherboards, shingles or
other siding (including masonry) involving no change in the material,
design, scale or appearance of the structure; and
(6)
Exterior painting of existing structures.
3.
Emergency Repairs. When a structure or improvement requires immediate repair to preserve the continued habitability of the structure and/or health and safety of its occupants or others, emergency repairs may be performed in accordance with the New Jersey Building Code, without first obtaining a Certificate of Appropriateness. Under such circumstances, the repairs performed shall be only such as are necessary to protect the health and safety of the occupants of the structure, or others, and/or to maintain the habitability of the structure. A request for the Planning and Zoning Board's review shall be made simultaneously with the onset of emergency work, and no work in addition to the emergency repairs shall be performed on the structure until an appropriate request for approval is made and approval is obtained in accordance with procedures set forth in subsection 26-9.4. All work done under this paragraph b.3 shall conform to the criteria set forth in this subsection 26-9.4.
4.
Informal Review of Minor Applications and Concept Plan for Proposed
Undertakings:
(a)
At the request of applicants considering action that may require
Planning and Zoning Board review, the Commission shall grant an informal
review of a concept plan for the proposed undertaking. Neither the
applicant nor the Planning and Zoning Board shall be bound by any
informal review.
c.
Procedure. Any application to construct, reconstruct, move, demolish
or substantially alter any building or structure in the Historic Conservation
District shall require a zoning permit and be subject to the following
procedures:
1.
All applications for Certificates of Appropriateness other than for
those exceptions listed in subsection 26-9.4b.2 above shall be accompanied
by a plot sketch and architectural building plans including elevations.
The application procedure is as follows:
(a)
The application shall be submitted at least 15 days in advance
of a regularly scheduled meeting of the Planning and Zoning Board;
(b)
Prior to the meeting, the application shall be reviewed for
completeness and historic appropriateness by the Class A or B Member
of the Historic Preservation Commission.
(c)
If the application is deemed incomplete, the applicant shall
be so informed at the regularly scheduled meeting. If the application
has been deemed complete, the Class A or B Member shall present his
review for historic appropriateness to the Planning and Zoning Board.
(d)
The Planning and Zoning Board shall vote on the historic appropriateness
of the application.
(e)
If the application is deemed appropriate with respect to historic
review by the Planning and Zoning Board, a Certificate of Appropriateness
shall be issued within a period of 30 days.
(f)
If the appropriateness of the proposed work is denied, the Planning
and Zoning Board shall make recommendations for revising the application.
If the applicant concurs in recommendations made by the Planning Board
and agrees to incorporate the Board's suggestions, he may alter
his plans accordingly, after which a Certificate of Appropriateness
shall be issued within a period of 30 days.
(g)
Once a Certificate of Appropriateness has been issued, a building
permit can be issued for work requiring one, or work not requiring
a building permit can proceed.
d.
Standards. In reviewing plans, the Planning and Zoning Board shall
give consideration to the following:
1.
Every reasonable effort shall be made to provide a compatible use
for a property which requires minimal alteration of the building,
structure or site and its environment, or to use a property for its
originally intended purpose.
2.
The distinguishing original qualities or character of a building,
structure or site and its environment shall not be destroyed. The
removal or alteration of any historic material or distinctive architectural
features should be avoided when possible.
3.
All building, structure, and sites shall be recognized as products
of their own time. Alterations that have no historical basis and which
seek to create an earlier appearance shall be discouraged.
4.
Changes which may have taken place in the course of time are evidence
of the history and development of a building, structure, or site and
its environment. These changes may have acquired significance in their
own right, and this significance shall be recognized and respected.
5.
Distinctive stylistic features or examples of skilled craftsmanship
which characterize a building, structure, or site shall be treated
with sensitivity.
6.
Deteriorated architectural features shall be repaired rather than
replaced, wherever possible. In the event replacement is necessary,
the new material should match the material being replaced in composition,
design, color, texture, and other visual qualities. Repair or replacement
of missing architectural features should be based on accurate duplications
of features, substantiated by historic, physical or pictorial evidence
rather than on conjectural designs for the availability of different
architectural elements from other buildings or structures.
7.
The surface cleaning of structures shall be undertaken with the gentlest
means possible. Sandblasting and other cleaning methods that will
damage the historic building materials shall not be undertaken when
reasonably avoidable.
8.
Every reasonable effort shall be made to protect and preserve archeological
resources affected by, or adjacent to any project.
9.
Contemporary design for alterations and additions to existing properties
shall not be discouraged when such alterations and additions do not
destroy significant historical, architectural or cultural material,
and such design is compatible with the size, scale, color, material,
and character of the property, neighborhood or environment.
10.
Where possible, new additions or alterations to structures shall
be done in such a manner that if such additions or alterations were
to be removed in the future, the essential form and integrity of the
structure should be unimpaired, and such additions and alterations,
when practicable should be located so as not to be visible from the
front of the building.
11.
The Planning and Zoning Board may also give consideration and be
guided in reaching its decisions by such expert advice as it may seek
and by the most current version of the Secretary of the Interior's
Standards for the Treatment of Historic Properties and by the Department
of the Interior's Energy Conservation and Solar Energy for Historic
Building Guidelines for Appropriate Designs.
e.
Building Demolition or Removal. It shall be a function of the Planning
and Zoning Board to consider the appropriateness and ways and means
of avoiding removal or demolition of historically important buildings
or structures located within the Historic Conservation District. Applications
for demolition or removal of buildings erected more than 50 years
from the date of application shall be referred to the Planning and
Zoning Board and the Board shall have a period of up to 90 days to
confer with the applicant, interested public or quasi-public agencies,
as well as other interested officials or individuals to conduct a
cooperative effort to ascertain how the Township may preserve the
building and/or premises. The Board is encouraged to carry out negotiations
with either public or private agencies or groups that might lead to
feasible plans for preservation of structures where moving or demolition
thereof would constitute a loss to the public or the Township. In
the event a building having historical significance is to be moved
to another site within the Township, plans for relocation shall be
reviewed by the Board and suggestions or comments made for its protection
during the moving process and for resiting at its new location. Such
recommendations shall be made in writing and shall either be discussed
with the applicant or forwarded to him prior to the issuance of a
moving permit. The relocated building shall comply with area, width
and yard requirements of the zone to which the building is moved.
In the event a building is moved outside the established Historic
Conservation District, the regulations of the Historic Conservation
District shall continue to apply to the building.
f.
Buildings Outside the Historic Conservation District. Any building
and/or premises of historical significance or architecture interest
that is 50 years old or older within the Township but outside the
established Historic Conservation District, upon application of the
owner for the period of his lifetime, or so long as he shall own or
control said property, whereby in consideration of receiving the protection
and historical benefits of the Historic Conservation District the
owner agrees to accept and place his home and/or premises under the
rules and regulations of the Historic Conservation District.
g.
Application
Review; Certificate of Appropriateness; Escrow. It is determined that
Historic District applications shall be reviewed by a member of the
Land Use Board certified to apply the Secretary of Interior Standards
for treatment of historic properties to determine if the application
is a Tier-1 Application or a Tier-2 Application as more fully described
below. Specifically:
[Added 10-15-2019 by Ord. No. 46-2019]
1.
The escrow fee for a Tier-1 Application is set at $150. This is an
applicant who seeks to present his or her application seeking the
granting of the Certificate of Appropriateness if the application
does not require issues that are to be before the Land Use Board;
2.
The Tier-2 Applications will be assessed a $300 escrow fee as will
be applied to applicants seeking a Certificate of Appropriateness
which require such activities as demolition, relocation, change in
exterior appearance, etc., requiring a more complicated analysis than
Tier-1 Applications which could result in an appearance before the
Land Use Board;
3.
Consistent with the handling of development escrows in the State
of New Jersey it is resolved no applicant shall receive review or
approval requested absent full payment of all escrow fees; and
4.
Professionals shall submit vouchers for billing to the applicant's
escrow account. Applicants shall be entitled to accountings of escrows
consonant with Land Use Development Law of the State of New Jersey
as same shall be updated.
[Ord. 12-8-98]
a.
Kennel and/or Animal Hospital. A kennel and/or animal hospital, in
addition to complying with other applicable regulations, including
the submission of a site plan shall be located on a land parcel having
a minimum of five acres and shall be located at least 200 feet from
all lot lines, unless the use is carried on within a completely enclosed
and sound-proof building, in which case, it must observe the residential
lot size and setback requirements of the R-A district.
[Res. 1-24-79]
b.
Amateur or Hobby Kennel Regulations.
1.
A hobby kennel shall be located only in the R-A (Residence-Agriculture)
zoning district of the Township and shall maintain a 50 foot setback
from all property lines.
2.
No more than 15 dogs may be kept at a hobby kennel.
3.
The hobby kennel shall meet all requirements of the health department
regarding the keeping of dogs.
[Res. 1-24-79]
In addition to complying to other applicable regulations contained
in this or any other Greenwich Township ordinance, mobile homes may
be placed or used only as follows:
a.
Temporary use of one mobile home structure for office, tool storage
or quarters for a watchman as an accessory use to permitted construction
projects on the same lot therewith, for a period provided by the construction
permit.
b.
Permanent storage lot of one unoccupied mobile home on a lot only
when entirely enclosed within a permitted principal or accessory building.
c.
No mobile home shall be permitted as a principal use in any district.
d.
Motor Homes and Travel Trailer. In Commercial-Recreation Districts
only, where temporary sites For camping, travel trailers or motor
homes are to be used, there shall be a space not less than 50 feet
by one 100 feet for each unit and no more than eight units per acre.
It is necessary that these temporary campers or trailers will be in
the area not before January 8th and not after December 15th in any
one year. They may be used for a period of not over six months in
any one year during the above period. A temporary permit must be issued
for each available trailer site to the property owner before any trailer
is placed on the property each year.
[Res. 1-24-79]
All applications for a turkey or poultry farm shall be accompanied
by a written opinion of the County Agricultural Agent concerning possible
nuisance characteristics and measures for adequately dealing with
them. In addition to site plan information normally required by the
Subdivision and Site Plan Review Ordinance, the application shall
set forth the purpose of the operation, the manner in which birds
will be housed, methods for recycling or disposing of manure, the
number of property line setbacks and, if birds are to be kept outdoors,
proposals for regular rotation and cropping of range areas. The report
of the County Agricultural Agent should also contain observations
regarding the above listed matter. Any certificate of occupancy shall
remain valid only so long as the use is operated in a nuisance-free
manner in accordance with any conditions included in approval of the
Planning and Zoning Board.
[Res. 1-24-79]
Public utility installations, other than essential services
as defined in this ordinance, shall be permitted in various zoning
districts as specified on the Schedule of District Regulations provided
that, in addition to the submission of a site plan in accordance with
the Greenwich Township Subdivision and Site Plan Review Ordinance
and compliance with other applicable requirements, the following standards
and procedures shall be adhered to:
a.
Any application for such use shall include a statement setting forth
the need and purpose of the installation.
b.
Proof shall be furnished to the approving authority that the proposed
installation, in the location specified, is necessary for the convenient
and efficient operation of the public utility involved and for the
satisfactory and convenient provision of service by the utility to
the neighborhood in which the particular use provision of service
by the utility to the neighborhood in which the particular use is
to be located.
c.
The design of any building in connection with such facility shall
conform to the general character of the area in which it is proposed
to be located.
The applicant shall demonstrate that the proposed use will,
in no way, adversely affect the safe and comfortable enjoyment of
neighboring properties. Adequate and attractive fences and other screening
devices shall be described and shown on the plan for the proposed
use. Appropriate landscaping, including trees, shrubs and lawn areas
shall also be provided.
d.
As a prerequisite for filing application for a public utility installation,
said utility shall have filed with the Township Clerk a map currently
indicating the location of all existing and proposed structures within
the municipality. All public utility installations shall be in conformity
with the National Electrical Safety Code as well as performance standards
contained in this ordinance.
[Res. 1-24-79]
Roadside stands for the sale of farm, truck gardening, nursery
gardening and greenhouse produce may be established as provided in
the Schedule of District Regulations and provided further that the
major portion of such produce offered for sale is raised by the seller
in the Township of Greenwich on land owned or leased by him. Applications
for roadside stands shall be subject to the provisions of the Subdivision
and Site Plan Review Ordinance. Roadside stands shall be maintained
in good repair on a well-kept site. They shall have only one entrance
and one exit from the highway; shall maintain no display of goods
closer than 40 feet to a road right-of-way line; and shall provide
one parking space for every 100 square feet of display area. A maximum
of three temporary off-site signs shall be permitted during periods
of operation only, each not more than six square feet in area. No
signs shall be located within the right-of-way of the adjoining highway,
nor shall any sign obstruct the vision of vehicle operators entering
or leaving the off-street parking area. Additionally, 48 square feet
of identification sign area shall be permitted either on the stand
or within 30 feet thereof. Interior or exterior lighting in connection
with a roadside stand shall not produce a noticeable glare off the
premises.
[1]
Editor's Note: Former subsection 26-9.10, Planned Commercial
Development, was repealed by Ord. No. 2000-3)
[Res. 1-24-79]
In addition to complying with other applicable regulations contained
in this and all other Greenwich Township ordinances, swimming pools
(other than movable wading pools having less than 150 square feet
in area and two feet in depth) may be established only after site
plan review and approval by the Planning Board, in accordance with
the following standards and requirements:
a.
Private swimming pools shall be permitted only as an accessory use
to a residential unit or units and when the principal residential
structure exists or is under construction.
1.
Any portion of the perimeter of a private swimming pool that does
not abut the principal dwelling or accessory building on the lot on
which it is located, shall be protected from access by small children
or pets. Fencing or other protective structures to be used for this
purpose shall be included on the plans in order that the Planning
Board may determine their adequacy. The issuance of a building permit
shall be conditioned upon the proper installation of approved, protective
fencing or other structures and no certificate of occupancy may be
issued until their installation is complete.
2.
Any private accessory pool must be located in the rear yard and at
least 20 feet from any side or rear property line.
3.
Any lighting used in connection with a private swimming pool shall
be so directed or shielded as to not shine directly onto other properties.
b.
Public swimming clubs operated on a non-profit, annual membership
basis shall be permitted as indicated on the Schedule of District
Regulations, provided that:
1.
Proof is furnished to the Zoning Officer that the proposed use is
a bona fide, non-profit activity organized solely for the use and
enjoyment of the membership.
2.
The parcel involved in the use shall contain at least three acres
and shall have 200 feet of highway frontage.
3.
No more than a total of 15 percent of the lot shall be covered by
structures, parking areas and the pool, together with its adjoining
hard surfaced areas.
4.
No part of the pool, its accompanying hard surfaced area or other
supporting structures or activity areas shall be located within 75
feet of a property line.
5.
The maximum membership of the club shall be fixed at the time of
application and shall be commensurate with the size of the parcel
and the scale and facilities contemplated. No expansion of the membership
shall take place subsequently without supplemental application to
and approval by the Zoning Board of Adjustment.
6.
Any pool established in connection with public swimming clubs shall
be constructed and operated according to the requirements of N.J.S.A.
26:3-69.1 through 69.6, as amended and supplemented. The above titled
statute, commonly known as the "Swimming Pool Code of New Jersey,
1955," is hereby adopted by reference. A copy of said code is annexed
hereto and made a part hereof without inclusion of the text.
[Res. 1-24-79]
An owner or person in possession of real estate may hold a yard
or tag sale (deemed to include porch, patio, driveway, garage, barn
or curb-side sale) as provided in the Schedule of District Regulations,
no more than three times in any calendar year, upon obtaining a permit
from the Zoning Officer. The tag or yard sale shall not exceed two
consecutive days. Tax-exempt organizations are exempt from obtaining
a permit under this subsection. The permit fee for such a sale shall
be $5.00.
A maximum of four temporary off-premises directional signs measuring
not over six 6 x 18 each for yard sales, bazaars, fairs and church
food sales, are permitted under the permit fee listed above. Signs
must be removed by the permittee within three days after the event.
