A.
This zone shall be applicable
to all districts and shall consist of two parts:
B.
No structure shall be permitted
in the Clear Zone.
C.
In the Airport Hazard Restricted
Zone, overlay zoning regulations shall apply and alter or amend the
underlying zoning as follows:
(1)
Uses that attract birds are
prohibited.
(2)
Aboveground storage of hazardous
or flammable materials in tanks is prohibited.
(3)
Aboveground utility transmission
lines and/or mains are prohibited.
(4)
Residential density shall
not exceed one dwelling unit per three acres, except that if a lot
is situated so that a portion is within the airport hazard restricted
area and a portion is outside this area and the proposed dwelling
is located outside the restricted area, the minimum lot size shall
be the same as that of the underlying zone.
(5)
Vertical limits for structures
in the Airport Hazard Restricted Zone shall be consistent with N.J.A.C.
16:62-4.2 et seq. or the underlying zone district requirement, whichever
is less.
[Amended 4-27-2021 by Ord. No. 2021-05]
(6)
Variances from the airport
hazard overlay zone restrictions shall be conditioned upon the approval
of the Commissioner of the Department of Transportation.
[Added 11-23-2021 by Ord.
No. 2021-16]
A.
Use regulations. A building may be erected or used and a lot may
be used or occupied for the following purposes and no other:
(2)
(4)
Prohibited uses. Those uses which are not specifically permitted
in the C-R Zone are hereby prohibited.
[Amended 9-23-1997 by Ord. No. 97-16; 11-23-1999 by Ord. No. 99-25; 6-27-2000 by Ord. No. 2000-17; 2-26-2002 by Ord. No. 2002-1; 10-25-2005 by Ord. No. 2005-21; 10-24-2006 by Ord.
No. 2006-30; 3-24-2009 by Ord. No. 2009-2; 6-24-2014 by Ord. No. 2014-13; 9-13-2016 by Ord. No. 2016-12; 6-12-2018 by Ord. No. 2018-07]
The following regulations shall apply to all residential districts
and, where stated, shall constitute conditions under which conditional
use approval may be granted.
A.
Home occupations. Home occupations
shall be permitted in all residence districts. The following standards
shall control home occupations:
[Amended 11-23-2021 by Ord. No. 2021-16]
(1)
The home occupation shall
be conducted only in the enclosed living area of the dwelling.
(2)
No electrical or mechanical
equipment is to be used in conjunction with the home occupation which
creates visible or audible interference in radio or television or
which creates fluctuation in line voltage outside the dwelling or
which creates noise not normally associated with a residential use.
(3)
The occupation permitted
shall be on a limited scale so as not to interfere with the residential
character of a district, and no employees other than full-time residents
of the dwelling shall be employed in pursuance of the occupation.
(4)
Products related to a home
occupation shall not be sold on the premises, and services related
to a permitted occupation shall be provided only within the residence.
(5)
The establishment of a home
occupation shall not be permitted to change the principal character
of the use as a dwelling.
(6)
No storage or display of
goods, materials or supplies or equipment shall be visible from the
outside of any structure located on the premises.
(7)
There shall be permitted
no more demand for parking than one vehicle at a time, in addition
to the two parking spaces required for the dwelling.
(8)
Only one floor of the dwelling
shall be used for the home occupation. No more than 25% of that floor
shall be devoted to the home occupation.
(9)
The following are permitted
home occupations:
(a)
Dressmaker, seamstress
or tailor.
(b)
Music or dancing teacher
for one pupil at a time.
(c)
Artist, sculptor or author.
(d)
Lawyer, architect, engineer,
realtor, insurance agent or broker for consultation, provided that
this is not the sole place of business.
(e)
Physician, dentist or
other licensed medical practitioner for consultation purposes, provided
that this is not the sole place of business.
(f)
Office use when the office
is operated by or employs in the residence only a resident or residents
who are permanent full-time residents of the dwelling unit and no
other persons and where the office use does not require visits by
customers or business invitees for business purposes.
(10)
Specifically prohibited
home occupations, unless permitted as a conditional use, shall be:
(a)
Animal hospitals, stables,
kennels or livery stables.
(b)
Barbershops and beauty
parlors.
(c)
Clinics or hospitals.
(d)
Dancing or music schools
and nursery schools.
(e)
Rental businesses.
(f)
Repair shops.
(g)
Retail merchandising.
(h)
Restaurants.
(i)
Auto repair shops or
body shops.
(j)
Private clubs.
(k)
Mortuaries and funeral
homes.
B.
Sale of farm products. In conjunction
with a farm as a permitted use in the Township, produce and other
products of the farm may be sold on the premises. Any sales of produce
or farm products must take place from a structure located at least
35 feet from the street upon which the lot fronts. Parking shall be
provided for at least one car for each acre of land or 5,000 square
feet of greenhouse or propagating house under cultivation and shall
be constructed of a dust-free material. Products sold shall be limited
to the extent that at least 75% of the products sold at any time must
be produced on the property. Sale or advertisement of cannabis products
shall not be permitted.
[Amended 7-13-2021 by Ord. No. 2021-13]
C.
Keeping animals.
(1)
A total of 10 female chickens
are permitted in association with a residentially used property of
up to three acres.
(3)
The keeping of animals shall
be permitted in all residential districts as an accessory use.
|
Type of Animal
|
Minimum Lot Size
(acres)
|
Number Permitted
|
Required Housing Space per Animal
(square feet)
|
|---|---|---|---|
|
Horses
|
1
|
1/acre for the 1st 3 acres
2/acre for the 4th and 5th acres
3/acre for more than the 5th acre
|
80
|
|
Ponies
|
1
|
1/acre for the 1st acre
1/half-acre for the 2nd, 3rd, 4th and 5th acres
3/acre for more than the 5th acre
|
80
|
|
Dairy cattle
|
3
|
1/acre
|
100
|
|
Beef cattle
|
3
|
1/acre
|
80
|
|
Sheep
|
3
|
5/acre
|
16
|
|
Goats
|
3
|
5/acre
|
16
|
|
Swine
|
3
|
1/acre
|
64
|
|
1
|
3/acre
| ||
|
Roosters
|
3
|
1/acre
|
(4)
A pony as regulated above
shall not exceed 12 hands in height.
(5)
Any building for the keeping
of animals shall be located at least 50 feet from any dwelling on
an adjacent property and at least 50 feet from the required rear or
side yard setback line on all adjacent residentially zoned or used
properties. Any building for the keeping of animals shall be located
at least 30 feet from the dwelling of the occupant of the lot.
(6)
Any outdoor area for keeping
animals, including corrals, shall be located at least 30 feet from
residential structures and at least 20 feet from side and rear lot
lines. However, this distance to the lot line may be decreased to
10 feet if the Zoning Officer determines that an adequate buffer and
screening have been provided in accordance with good planning standards.
No stable or outdoor area for the keeping of animals shall be located
closer to the street line than the required front yard. All structures
for the keeping of animals must be at least 50 feet from any stream,
well, water body or watercourse. All septic and manure pits must also
be 50 feet from any stream, well, water body or watercourse and 50
feet from all property lines. All animals on the property shall be
owned by and for the sole and exclusive use of the residents of the
lot upon which they are located, except that up to one animal for
the first three acres and 25% of all other animals permitted by the
quota above may be boarded for the animal's owner to be used only
by the owner. When calculating the number of animals permitted, any
lot area may only be used once, except that the number of poultry
permitted shall not restrict the use of that property for the other
animals as permitted in the above schedule.
(7)
Manure must be collected
and maintained in a sanitary manner so as to prevent offensive odors,
fly breeding or other nuisances. Failure to abide by these standards
shall result in revocation by the Township of permission to keep animals.
Those persons keeping animals must meet all requirements of state
and local health regulations.
D.
Greenhouse, propagating house
and nursery business. Greenhouse, propagating house and nursery businesses
shall be permitted as a conditional use in all residential districts
if the following conditions are met:
(1)
A minimum lot area of six
acres shall be required.
(2)
A front yard shall be a minimum
of 50 feet in depth.
(3)
Side and rear yards shall
be equal in depth to the height of the buildings or 30 feet, whichever
is greater.
(4)
A lot width of 200 feet shall
be required.
(5)
A twenty-foot planted buffer,
acceptable to the Planning Board, shall be required adjacent to any
residentially zoned or used property.
(6)
No driveways shall be located
closer than 25 feet to any side or rear property line.
(7)
A ten-foot planted buffer
shall be located along all property lines adjacent to industrially
or commercially zoned or used property.
(8)
Nursery stock shall be located
no closer than 10 feet to any side or rear property line and no closer
than 20 feet to any street.
(9)
The maximum building coverage
permitted for both temporary and permanent buildings shall be 30%.
(10)
All permanent structures
shall require a building permit and site plan approval.
(11)
No structures may exceed
35 feet in height.
(12)
Where there are wholesale
or retail sales of products, only items that have been grown on the
premises for at least 1/2 of their life may be sold on the premises.
(13)
Where there are retail
sales, at least one parking space shall be provided for each acre
under cultivation or for each 5,000 square feet of area within the
greenhouse.
(14)
Greenhouses shall be restricted
in size as follows:
|
District
|
Maximum Size
(square feet)
|
|---|---|
|
R-45
|
1,500
|
|
R-22
|
1,200
|
|
R-15
|
1,200
|
|
R-11
|
900
|
|
R-9
|
900
|
E.
Medical and professional offices.
In zones where medical and professional offices are permitted as a
conditional use, the following conditions shall be met:
[Amended 11-23-2021 by Ord. No. 2021-16]
(1)
In addition, the following
conditions shall be met:
(a)
The property shall front
on either Route 23 or the Newark-Pompton Turnpike.
(b)
The minimum lot size shall
be 45,000 square feet with a minimum lot width of 200 feet.
(c)
There shall be a fifteen-foot
planted buffer adjacent to all rear and side yards which shall be
maintained at least six feet in height.
(d)
The front yard shall be
a minimum of 50 feet in depth.
(e)
Building coverage shall
be limited to 25% of the lot, and total coverage by impervious materials
to 60% of the lot.
(f)
All other bulk regulations
in the zone shall apply.
(g)
Site plan approval shall
apply.
(2)
In addition, the following
shall apply:
(a)
The use shall be conducted
only in the enclosed structure, exclusive of porches and garages,
of the dwelling.
(b)
No electrical or mechanical
equipment is to be used in conjunction with the professional office
which creates visible or audible interference in radio or television
or which creates fluctuation in line voltage outside the dwelling
or which creates noise not normally associated with a residential
use.
(c)
Products related to a
professional office shall not be sold on the premises, and services
related to a permitted occupation shall be provided only within the
structure.
(d)
Residential appearance
regulations. All buildings, including new, converted or existing structures,
shall be residential in exterior appearance. For the purpose of administering
this subsection, "residential in exterior appearance" shall mean a
building which complies with all of the following requirements
[1]
No building elevation along an abutting street shall have an
overall dimension that is greater than 76 feet.
[2]
No building shall have a pitched roof that is less than 33.33%.
[3]
Not more than one window in each building elevation shall be
wider than four feet.
[4]
Exterior building materials shall be limited to wood, metal
or vinyl clapboard; wood shingle, stone, brick or stucco. This limitation
shall not apply to roofs, windows or doors.
[5]
Every building elevation that fronts on an abutting street shall
have at least one offset of not less than 18 inches between wall planes
facing on said street.
[6]
No building shall contain more than one exterior doorway for
each building elevation, except where needed to provide access for
persons with disabilities.
[7]
The habitable floor area of the second floor shall not exceed
the habitable floor area of the first floor by more than 10%.
(e)
No storage or display
of goods, materials, supplies or equipment shall be visible from the
outside of any structure located on the premises.
(g)
No more than one professional
who resides on the premises and two support personnel who are not
required to reside on the property may be engaged in the professional
office use.
(h)
No more than 50% of the
ground floor area and no area on any other floor may be dedicated
to the professional office use.
(i)
In no event shall surface
parking be permitted in the front yard.
F.
Nursing homes, hospitals and
intermediary care centers.
(1)
Nursing homes and hospitals
shall be permitted as a conditional use in the R-87, R-45, R-22, R-15,
R-11 and R-9 Zones.
(2)
The minimum required lot
size shall be five acres. The minimum lot width is 300 feet on a street
with a right-of-way of 60 feet or more and a pavement width of 40
feet or more.
(3)
The front yard for nursing
homes and intermediary care centers shall be twice the minimum front
yard required in the zone in which they are located. The maximum building
height for nursing homes shall be three stories or 40 feet, whichever
is less. Rear yards and side yards shall be 100 feet each, at least
25 feet of which shall consist of a planted buffer strip. Maximum
building coverage shall be 30%, and the maximum coverage by impervious
surfaces shall be 60%.
[Amended 11-23-2021 by Ord. No. 2021-16]
(4)
Prior to the issuance of
a building permit, nursing homes, hospitals and intermediary care
centers in the Airport Hazard Restricted Zone shall obtain the approval
of the Commissioner of Transportation.
G.
Schools. Schools shall be permitted
as a conditional use in all residence zones, and each school shall
be located on a lot with a minimum lot size of five acres and frontage
on an improved road of at least 50 feet in width. The minimum lot
width shall be 300 feet, and the maximum height of any structure shall
be 35 feet or two stories, whichever is less. Side and rear yards
of at least 50 feet shall be provided, and at least 25 feet of the
side and rear yard adjacent to the property lines shall be planted
as a buffer. This buffer may include the side or rear yard, but shall
not include parking areas or access drives. Prior to the issuance
of a building permit, schools in the Airport Hazard Restricted Zone
shall obtain the approval of the Commissioner of the Department of
Transportation.
H.
Churches and houses of worship.
Churches and houses of worship shall be permitted as a conditional
use in all residences zones on a minimum lot size of five times the
permitted lot size in the zone in which it is to be located. The minimum
lot width shall be twice the minimum lot width permitted in the zone
which it is to be located, and the lot shall be located on an improved
street with a right-of-way of at least 50 feet. The maximum building
height shall be two stories or 50 feet, whichever is less, exclusive
of steeples and bell towers, which shall not exceed 75 feet. The minimum
side and rear yard shall be 35 feet, at least 20 feet of which shall
consist of a planted buffer strip.
[Amended 4-27-2021 by Ord. No. 2021-05]
I.
Museums and historic sites. Museums
and historic sites open to the general public shall be permitted in
all residential districts as a conditional use, provided that said
museum or historic site is of such significance that it appears on
the National and/or State Register of Historic Places or on the Township's
Official Map. Said use shall be permitted only upon the finding that
traffic congestion will not result from the use and that the use will
not have a deleterious impact on the neighborhood in which it is located.
Retail sales of souvenirs shall be permitted as an accessory use only
if located within a structure on the property.
J.
Community centers. Community
centers shall be permitted in all residential zones as an accessory
use to a conditionally permitted church or religious use. The community
center may consist of an auditorium and meeting rooms and must be
located with direct access to an improved street with a right-of-way
of at least 60 feet in width. In order for a community center to be
permitted, the lot area must be a minimum of 10 times the minimum
permitted lot size in the zone in which it is to be located.
K.
Libraries. Libraries shall be
regulated in the same manner as community centers.
L.
Courts. The minimum dimension
of any interior or inner court shall be not less than one foot for
every foot of height of the tallest portion of the building surrounding
the court. In no case shall an inner court have a dimension of less
than 12 feet.
M.
Rear dwellings. No building to
the rear of and on the same lot with a primary use shall be erected
or used for dwelling purposes.
N.
Swimming pools. Swimming pools are permitted in all residential zones in conformance with the requirements of Chapter 320, Swimming and Bathing, Article I, Swimming Pools, of the Code of the Township of Pequannock. Said pools shall be limited to a use accessory to a permitted residential use and shall be solely for the use and enjoyment of the occupants of the lot, plus their guests. There shall be not more than one swimming pool on any single lot, except in a Planned Residential District. In the Planned Residential District there shall not be more than one pool for every 100 dwelling units. Screening at least six feet in height by fence or planted materials shall be provided in each case where the pool is within 15 feet of an adjacent property line, except that in the Planned Residential District this buffer shall be at least 50 feet.
O.
Tennis courts.
(1)
Where permitted by applicable
sections of this chapter, tennis courts shall be fenced by a suitable
material no more than 12 feet in height. The tennis court and its
fence shall be located at least 12 feet from the nearest adjacent
property line for an unlighted court and 25 feet for a lighted court,
except that in a Planned Residential District the required distance
shall be no less than 50 feet. All lighting shall be shaded so as
not to create glare or more than 0.25 footcandle of illumination at
the property lines.
(2)
There shall be no more than
one tennis court on any lot, except that in a Planned Residential
District up to one tennis court per 100 dwelling units may be constructed.
(3)
Tennis courts shall be for
the sole use of occupants of the premises and their guests and shall
not be operated as a commercial venture. No tennis court shall encroach
within the front yard setback.
P.
Fences.
(1)
The following fence height
and setback regulations apply in all residential zones:
(a)
Front yard. For purposes
of these fence requirements, for lots with two or more front yards,
the established front yard of a residential structure shall be defined
as the space between the street and the front/main entrance of the
principal building. In addition, the following standards shall apply:
[Amended 4-27-2021 by Ord. No. 2021-05]
[1]
Fences located in the
established front yard shall have a maximum height of three feet,
a minimum of 50% of the fence open to the air, and a minimum setback
of five feet from the property line.
[2]
Fences located in the
secondary front yard shall have a maximum height of four feet, shall
have a minimum setback of five feet from the property line and may
be solid in construction.
[3]
A fence in excess of
four feet but not to exceed six feet in height shall be permitted
in the secondary front yard, provided that the fence has a minimum
setback of the required front yard setback for the zone in which the
site is located or the fence has a setback at the prevailing building
setback and runs parallel to the street right-of-way.
[4]
As of the date of passage
of this amendment, fences that have received formal approval either
from the Department of Construction and Land Use or the appropriate
Township board that are in excess of four feet but not greater than
six feet are permitted. Replacement of said fences is permitted, at
their present location or at a five-foot setback from the property
line, whichever is greater. All other fence requirements are applicable.
(b)
Rear or side yard. Fences
with a maximum height of six feet shall be permitted in all residential
zones. No setback for fences shall be required, provided that any
fence which is installed shall be entirely on the property of the
party who installs the fence and must be maintainable from that property.
(2)
Measurement of fence height.
In determining the height of fences for the purpose of compliance,
the following shall apply:
(a)
For fences that are not
uniform in height along the top of the fence, the height shall be
measured to the highest point of the fence, except as provided otherwise
below.
(b)
Notwithstanding the maximum
height limitations applicable to fences above, fence posts may exceed
the maximum permitted fence height by up to one foot.
(c)
For fences located on
sloping ground, the height shall be measured from the grade directly
below the point of measurement.
(d)
Fence height shall be
measured from normal grade. Normal grade shall be construed to be
the newly established grade after construction, exclusive of any filling,
beaming, mounding, excavating or curbing which alters the grade at
the base of the fence from the grade in the general vicinity of the
fence.
(3)
Fence orientation. Fences
shall be constructed in such a manner that the dressed side of the
fence, where applicable, shall face the adjacent property or the public
right-of-way excluding railroad property. All supports for the fence
shall be on the interior of the fence and property. This provision
shall not preclude the construction and maintenance of a shadowbox-type
fence, provided that the dressed side of the fence material shall
face the adjacent property or public right-of-way and shall be of
the same texture, material, and color.
(4)
Fence composition. No electrified
fences or other fences consisting of or incorporating similar hazards
shall be permitted in a residential zone. Barbed wire fences are permissible
when used to contain horses and cattle, as regulated by this chapter,
on the property.
Q.
Accessory buildings.
(1)
No accessory building in
a residential district shall be located closer than five feet to any
property line when such accessory building does not exceed 15 feet.
An accessory building that has a height of 15 feet to 18 feet shall
not be closer than 10 feet to any property line.
(2)
Accessory buildings in residential
zones may occupy the required rear yard up to a height of 18 feet,
as long as they are 10 feet away from the principal building on the
same lot. The height of the accessory building shall be defined as
the vertical distance of the structure derived from the grade plane
to the highest point of the structure. The rear yard area occupied
by such an accessory building shall, however, be included in computing
the maximum percentage of the lot which may be built upon in any given
case.
(3)
In the case of an interior
lot fronting upon only one street, no accessory building shall be
erected or altered so as to encroach upon that half of the lot depth
nearest the street. In the case of an interior lot fronting upon two
or more streets, no accessory building shall be erected or altered
so as to encroach upon that fourth of the lot depth nearest each and
every street.
(4)
In the case of a corner lot
fronting upon two streets, no accessory building shall be erected
or altered so as to encroach upon that area between each respective
street and a line drawn parallel to such street in a manner to divide
the lot into two equal parts. In the case of a corner lot fronting
on three or more streets, no accessory building shall be erected or
altered so as to encroach upon that fourth of the lot depth nearest
each and every street.
(5)
The limitations imposed by
this subsection upon the location of an accessory building shall be
waived when the accessory building is incorporated as an integral
part of or enclosed by the same closing walls as the building to which
it is an accessory.
(6)
There shall be no more than
one such structure on any lot in the R-9, R-11, R-15 and R-22 Districts,
exclusive of a detached garage, or two such structures on any lot
in the R-45 and R-87 Districts, exclusive of a detached garage.
(7)
An accessory structure shall
not be utilized for the storage of flammable or hazardous material
or for materials utilized in conjunction with a home occupation.
(8)
Accessory structures in addition
to sheds shall include detached garages, personal/decorative greenhouses,
and personal/decorative gazebos.
(9)
Decorative and/or personal
greenhouses shall be permitted as accessory structures in all single-family
residential districts. Such greenhouses shall not exceed 900 square
feet, shall be located in the rear yard and shall meet all accessory
structure setback requirements.
R.
Design of dwellings.
(1)
No more than one building
permit shall hereafter be issued for any dwelling to be erected in
a subdivision consisting of two or more houses if it is substantially
alike in exterior design and appearance with any neighboring dwelling
situated on the same or opposite side of the street within 300 feet
of said proposed dwelling.
(2)
Houses within such specified
distance from each other shall be considered uniform in exterior design
and appearance if they have any one or more of the following characteristics:
(a)
The same basic dimensions
and floor plans are used without substantial differentiation of one
or more exterior elevations.
(b)
The same basic dimensions
and floor plans are used without substantial change in orientation
of the house on the lot.
(c)
The height and design
of the roofs are without substantial change in design and appearance.
(d)
The appearance and arrangement
of the windows and other openings in the front elevation, including
the appearance and arrangement of the porch and garage, are not substantially
different from adjoining dwellings.
S.
Additions and expansions. The
intent of this subsection is to recognize existing conditions, footprints
and established general setbacks of residential neighborhoods throughout
the Township. This would permit the expansion of existing residential
structures to meet the needs of today's households without requiring
variances. Therefore, notwithstanding any other provisions of this
chapter, in a residential district for residential uses where a dwelling
unit is considered nonconforming due to a front and/or side yard setback
a variance is not required if the following conditions are met:
(1)
The proposed addition or
expansion relates to the front and/or side yards.
(2)
The limits of the proposed
addition or expansion are less than or equal to the existing setback
conditions footprint or the proposed setbacks are consistent with
the average setbacks on the block with the height not to exceed 35
feet.
[Amended 4-27-2021 by Ord. No. 2021-05]
(3)
In no case shall the side
yard be permitted to be less than five feet, including architectural
projections, without variance relief.
(4)
The property has not been
the subject of any previous action of the Zoning Board of Adjustment.
T.
Central air-conditioning equipment/unit
and generators.
[Amended 11-23-2021 by Ord. No. 2021-16]
(1)
No central air conditioning equipment/units or generators shall hereafter
be permanently installed to serve an existing dwelling erected on
a lot located in any residential district of the Township of Pequannock,
unless such air conditioning equipment and/or generator meets the
requirements of this chapter and a permit to do so is first obtained
from the Zoning Department. The zoning permit shall be accompanied
by a survey prepared by a licensed land surveyor of the State of New
Jersey, showing the property lines of the lot, the location of the
building or structure, the front, side and rear yard dimensions and
the proposed location, drawn to scale, of the central air conditioning
equipment/unit or generator.
(2)
All generators must be at least five feet from any window or opening
into the building. This measurement is from any part of the generator.
There are no exceptions from this requirement.
(3)
All central air conditioning equipment/units or generators must be
located in the side and rear yards.
(4)
All central air conditioning equipment/units or generators shall
be set back at least 1/2 of the required side yard and rear yard setback
of the principal building.
(5)
Air conditioning equipment/units or generators shall not be permitted
in the front yard. Corner lots have two front yards.
(6)
All central air conditioning equipment/units or generators must be
entirely shielded from view, from the street, by an existing or proposed
evergreen buffer with a minimum planted buffer that is equal to or
greater than the height of the central air conditioning equipment/unit
or generator. Such buffer shall include two staggered rows of evergreen
shrubs. Fences, pools, sheds, etc. shall not be considered valid evergreen
buffers. The buffer must be shown on the plan submitted and include
the type and size of trees.
(7)
The generator shall be installed in accordance with the most current
editions of the National Fire Protection Association, the National
Electrical Code, the International Fire Code, New Jersey Edition,
the International Plumbing Code, New Jersey Edition and the International
Residential Code, New Jersey Edition.
(8)
The exhaust of the generator shall, as much as practically feasible,
be vented upwards or directed away from neighboring properties.
(9)
Generators shall be operated for routine testing and maintenance
purposes not more than one time in any seven-day period, and no test
shall exceed 30 minutes. Testing of generators is permitted Monday
through Thursday only (excluding holidays) between the hours of 11:00
a.m. and 3:00 p.m.
(10)
Testing generators may be conducted when the unit is being repaired,
provided that such testing period shall not exceed 30 minutes and
shall be conducted only between the hours of 10:00 a.m. and 5:00 p.m.,
Monday through Saturday, excluding holidays.
U.
Pool equipment. All pool equipment
shall be located in the rear yard or side yard and shall be no closer
than 10 feet to the property line.
V.
Temporary storage units.
(1)
TEMPORARY STORAGE UNIT
Definitions. As used in this
subsection, the following terms shall have the meanings indicated:
A unit greater than three feet in length by three feet in
width by three feet in height rented or owned for use by the property
owner for storage of personal, business or commercial items or used
for the packing or storage of items for permanently moving to or from
the residence or temporarily storing items during a renovation of
the main residence.
(2)
Application required. No
temporary storage unit shall be placed on or at a residential property
without obtaining a zoning permit. To obtain a permit, the property
owner(s) or property manager, in the case of rental units, shall obtain
approval from the Zoning Officer.
[Amended 4-27-2021 by Ord. No. 2021-05]
(a)
Applications shall include the following:
[1]
The names, addresses
and telephone numbers of the owner or manager of the property on or
at which the temporary storage unit is to be placed.
[2]
The names and addresses
and telephone numbers of the individual company which owns the temporary
storage unit.
[3]
A copy of a survey.
[4]
The required fees.
[5]
Copy of the Department
of Construction and Land Use permit, where applicable.
[6]
Any other information
the Zoning Officer may require to determine the full compliance with
other applicable ordinances of the Township.
(b)
In the case of a tenant or property owner using the same temporary
storage unit for the purposes of moving between properties within
the Township, only one permit will be required; however, a survey
shall be submitted for both locations.
(3)
Size of temporary storage
unit. Temporary storage units shall be no greater than eight feet
in height, 18 feet in length and eight feet in width or no greater
than a total of 1,200 cubic feet.
(4)
Number of temporary storage
units. One temporary storage unit shall be permitted per residential
property.
(5)
Location of temporary storage
units. The placement of temporary storage units shall meet all of
the following provisions:
(a)
The storage unit shall
be placed either in the driveway or in an approved paved parking area
at the furthest accessible point from the street at least 10 feet
from the curb.
(b)
The storage unit shall
not be placed within any public right-of-way or roadway including
sidewalks.
(c)
In a multifamily residential
complex, the storage unit shall be placed as close as possible to
the dwelling utilizing the storage unit.
(d)
At the discretion of the
Zoning Officer, the storage unit may be placed in an alternative location
provided that the alternative location does not create an unsafe location.
(6)
Duration.
(a)
During any twelve-month
period commencing from the date of issuance of a permit, one temporary
storage unit may be placed on or at a residential property for a period
not to exceed 30 total days to load and 30 days total days to unload.
The temporary storage unit must be removed within 14 days of the issuance
of any final certificate of occupancy related to any building permit
or one month, whichever is less.
(b)
During any twelve-month
period commencing from the date of issuance of a permit, one temporary
storage unit may be placed on or at a residential property for up
to one month for interior renovations/construction that does not require
any building permit from the Department of Construction and Land Use.
(c)
Properties subject to
flood elevation shall be exempt from the durational limitations during
the period in which elevation construction is being conducted but
shall not exceed eight months from delivery date of the temporary
storage unit.
(8)
Guidelines.
(a)
No temporary storage unit
shall be used to store solid waste, construction debris, demolition
materials, recyclable materials, business inventory, commercial goods
or goods for property other than at the residential property where
the storage unit is located.
(b)
Storage of hazardous materials
within the temporary storage unit is prohibited.
(c)
Temporary storage units
shall be locked and secured by the property owner, tenant or property
manager at all times when loading or unloading is not taking place.
(d)
The property owner, tenant
or property manager or user of the temporary storage unit must secure
it in a manner that does not endanger the safety of person or property
in the vicinity of the temporary storage unit. In the event of severe
weather conditions in which the unit may become a physical danger
to persons or property, the Township of Pequannock may require the
removal of the storage unit.
(9)
Occupancy of container prohibited.
No human or animal shall occupy the temporary storage unit except
for the express purpose of loading or unloading the container. No
heat or electric source of any kind shall be placed in a container.
(10)
Separate violations. Each
and every day that a temporary storage unit remains on the property
beyond the applicable permitted time shall be considered as a new
and separate violation. Each and every temporary storage unit more
than the quantity of one located on the property shall be considered
a new and separate violation.
(11)
Violations and penalties. Any person who shall violate any provision of this Subsection V shall, upon conviction, be punished by a fine not to exceed $200 for each violation or by imprisonment for not more than 90 days, or by an order to perform community service, or a combination thereof, in the discretion of the Municipal Judge.
[Amended 4-27-2021 by Ord. No. 2021-05]
W.
X.
Cultivation of cannabis. Cultivation of cannabis shall be permitted in the AG Zone District only when associated with a preexisting farming use and only when each of the conditions for the cultivation of cannabis set forth in § 360-47U for this use are met.
[Added 7-13-2021 by Ord.
No. 2021-13; amended 11-23-2021 by Ord. No. 2021-16]
[Amended 11-24-1998 by Ord. No. 98-23; 5-27-2003 by Ord. No. 2003-22; 10-24-2006 by Ord. No. 2006-30; 3-24-2009 by Ord. No. 2009-2; 5-25-2010 by Ord. No.
2010-3]
The following regulations shall apply to all nonresidential
districts and, where stated, shall constitute the conditions under
which conditional use approval may be granted.
A.
Performance standards. No nonresidential
use shall be permitted unless the applicant shall conform to all of
the applicable Township health ordinances.
B.
Townhouse and multifamily structures.
Townhouse structures shall be permitted in the C-1 Zone and multifamily
structures shall be permitted in the C-1 and CBD-2 Zones as a conditional
use, provided that all of the following conditions are met:
[Amended 11-23-2021 by Ord. No. 2021-16]
(1)
Townhouse and multifamily structures in the C-1 Zone.
(a)
Maximum density: 12 units per acre.
(b)
Minimum lot size: 2.5 acres.
(c)
Minimum lot width: 200 feet.
(d)
Minimum front yard setback: 50 feet, not including parking area.
(e)
Minimum side yard setback: 35 feet, not including parking area
or driveways.
(f)
Minimum rear yard setback: 35 feet, not including parking area
or driveways.
(g)
Minimum buffer: a buffer at least 10 feet in width shall be
planted along side and rear property lines. This buffer shall be planted
and maintained in a manner acceptable to the Planning Board.
(h)
Minimum open space: 25 square feet of usable open space per
dwelling unit in addition to required front, side and rear yards.
(i)
Maximum building coverage: 20%.
(j)
Maximum lot coverage: 70%.
(l)
Maximum building height: 2 1/2 stories or 35 feet, whichever
is less.
(m)
Maximum number of units per building: eight.
(n)
Minimum number of units per building: four.
(o)
All exterior walls of all buildings shall have windows.
(p)
Minimum distance between buildings: 50 feet.
(2)
Multifamily structures in the CBD-2 Zone.
(a)
Maximum density: 45 units per acre.
(b)
Minimum lot size: 18,000 square feet.
(c)
Minimum lot width: 100 feet.
(d)
Maximum front yard depth: 10 feet.
(e)
Minimum side yard depth: zero feet.
(f)
Minimum rear yard depth: 25 feet, where parking and driveways
are permitted in the rear yard, but no closer than 10 feet to any
property line.
(g)
Minimum buffer: Where a non-single-family residential use abuts
a single-family residential zone or an area which is used as a single-family
residence, a landscape a buffer at least 15 feet in width shall be
planted. This buffer shall be planted and maintained in a manner acceptable
to the Planning Board.
(h)
Maximum building coverage: 60%.
(i)
Maximum lot coverage: 90%.
(j)
Parking requirements: 0.8 space for one-bedroom; 1.3 spaces
for two-bedroom; 1.9 spaces for three-bedroom.
(k)
Maximum building height: four stories or 45 feet, whichever
is less. For buildings that are within 100 feet of residential zones,
no structure shall exceed three stories or 35 feet in height, whichever
is less.
(l)
No structure shall have residential units on the ground floor.
(m)
All exterior walls of all buildings shall have windows.
C.
[1]Restaurants. Restaurants shall be permitted in the C-1
and C-2 Zones as a conditional use, provided that the following specific
zone conditions shall be met:
(1)
C-1 Zone conditions.
(a)
It must be demonstrated,
based on a seating plan and a site plan, that sufficient parking is
available. The Planning Board in making this determination shall consider
the following standards:
(b)
Trash facilities shall
be located so as not to present a nuisance to nearby residents or
interfere with pedestrian or vehicular traffic. Trash receptacles
shall be screened and the area shall be landscaped.
(c)
All exhaust fans from
restaurant kitchens shall be vented externally above the roof of the
building to which the vent is attached.
(d)
Areas void of impervious
cover shall be landscaped to the greatest extent feasible respecting
access and visibility constraints.
(e)
Site plan approval shall
be required to insure parking, trash disposal, access, lighting, signage
and landscaping are adequate and properly designed.
(f)
Hours of operation shall
be subject to Planning Board review and approval.
(g)
All restaurants are subject
to state and local health codes and these codes shall be a condition
of approval.
(2)
C-2 Zone conditions.
(a)
Drive-throughs incidental
to restaruants are conditionally permitted and must adhere to this
following:
[Amended 11-23-2021 by Ord. No. 2021-16]
(b)
Site plan approval shall
be required to ensure that parking areas, access, trash disposal,
lighting, signage, and landscaping are adequate and properly designed.
(c)
No fumes or other odors
shall be allowed to migrate off site.
[1]
Editor's Note: Former Subsection C, Two-family houses, was
repealed 11-23-2021 by Ord. No.
2021-16.
D.
Clubs, lodges and similar establishments.
Clubs, lodges and similar establishments shall be permitted as a conditional
use in the C-1 and C-2 Zones, provided that they shall:
[Amended 4-27-2021 by Ord. No. 2021-05]
E.
Commercial recreation uses. No
commercial recreational uses involving operation of motorized vehicles,
discharge of firearms or the keeping of animals shall be permitted.
Amusement parks and arcades are prohibited. Commercial recreational
uses are permitted as conditional uses and the following conditions
shall apply:
(1)
A buffer of 50 feet shall
be required between any outdoor activity and the nearest residentially
zoned or used property or public parkland.
(2)
The requirements of all health
ordinances particularly related to noise and glare shall be complied
with.
(3)
Parking requirements shall
be determined by the Planning Board relative to the proposed uses.
(4)
Commercial recreational uses
in the C-2 Zone shall only be permitted south of Jackson Avenue adjacent
to Route 23.
(5)
For commercial recreation
uses sharing a building with other tenants, the following conditions
shall apply:
[Amended 11-23-2021 by Ord. No. 2021-16]
F.
Building materials. The sale
of building materials is permitted as a conditional use in the C-3
Zone, provided that all materials shall be stored indoors, and provided
that all yard areas shall be paved of a material and in a manner so
as to reduce or eliminate dust, noise or other obnoxious characteristics.
G.
Commercial vehicle storage.
(1)
The storage and maintenance
of commercial vehicles as a primary use shall be permitted as a conditional
use in the I-1 Zone, provided that the following criteria are met:
(a)
All maintenance of vehicles
shall take place within a completely enclosed building.
(b)
All parking and storage
of vehicles shall take place within a completely enclosed building.
(c)
A plan, approved by the
Township Engineer, for the filtration of grease, oil, detergent and
all other noxious substances from entering the groundwater or drainage
system shall be required.
(2)
Commercial vehicles are defined,
for terms of this section, as buses, vans, limousines, ambulances,
trucks and similar vehicles.
H.
Parking of commercial vehicles.
(1)
Commercial vehicles, recreational
vehicles, buses, ambulances, vans, limousines, trucks and construction
equipment and similar vehicles shall not be permitted to be stored
in any nonresidential district unless owned by the occupant of a permitted
use in the zoning district and used as an integral part of the business.
No vehicle shall be used for the permanent or temporary storage of
materials in connection with a permitted use.
(2)
The only exception to the above shall be that a license may be granted by the Zoning Officer for the parking of commercial vehicles in a gasoline service station in the C-2 and C-3 Zones, provided that a fee as provided in Chapter 152, Fees, shall be paid annually, on July 1 of each year, for each vehicle to be so parked or stored, and provided that the following conditions are met:
(a)
No more than five vehicles
shall be parked or stored on any one lot.
(b)
Parking and storage area
shall not be permitted to encroach or replace areas required for side
yard, rear yard or buffer areas.
(c)
Parking shall not be permitted
within 25 feet of a residential district or parkland.
(d)
Parking and storage areas
shall not detract from required parking and loading areas.
(e)
Paving or other surfacing
of the parking area shall be required so as to render the area dust-free
and free of potholes.
I.
Outdoor display or storage. Outdoor
display or storage shall be prohibited in all commercial or industrially
zoned or used property unless otherwise permitted.
J.
Nurseries and garden centers.
Nurseries and garden centers shall be permitted as a conditional use
in the C-3 Zone under the following conditions:
(1)
Outdoor storage of live plant
material shall be permitted, provided that it is kept within an enclosed
area in a manner acceptable to the Planning Board.
(2)
Outdoor storage of fertilizer,
chemicals, pesticides and other hazardous materials shall be prohibited.
(3)
Outdoor storage of all merchandise
other than plant material or structural stone is strictly prohibited.
K.
Gasoline service stations.
(1)
A gasoline service station,
for purposes of this chapter, shall be defined as a building and premises
used for the retail sale or dispensing of gasoline and other fuels
and oil and other lubricants for the operation of motor vehicles and
minor servicing of such vehicles. Such stations may include the sale
of accessories for motor vehicles.
(2)
Gasoline service stations
shall be permitted as a conditional use in the C-2 and C-3 Zones under
the following conditions:
(a)
All repairs and service
to motor vehicles other than minor items, such as changing tires and
the sale of gas and oil, shall be conducted within a fully enclosed
building.
(b)
No coin-operated or commercial
car wash business shall be permitted on the premises of a gasoline
service station.
(c)
No outdoor display or storage of any merchandise, including rental vehicles or trailers, motor vehicles for sale or lease, house trailers, recreational vehicles, tires and like items, shall be permitted, except for oil racks containing oil for the servicing of vehicles. This restriction shall not include vehicles parked in conformance with § 360-47H regulating the parking of commercial vehicles.
(d)
In the C-2 and C-3 Zones,
there shall be a total of no more than six service stations, no more
than three of which may be located on the easterly side of Route 23
and no more than three of which shall be located on the westerly side
of Route 23. No service station shall be located closer than 2,500
feet to another service station on the same side of Route 23.
(e)
Towing service may be
provided by gasoline service stations, but no more than five disabled
vehicles shall be permitted on the premises of a gasoline service
station at any one time, and all such vehicles shall remain on the
premises a maximum of 30 days. Said vehicles shall not be stored within
25 feet of a residentially zoned or used property or parkland.
(f)
No auto body repair work
shall take place on the premises of a gasoline service station.
L.
Business providing service, repair
or the installation of automobile parts. Businesses which provide
for the service or installation of automobile parts, exclusive of
gasoline service stations regulated by this section, shall be permitted
as a conditional use in the C-2 and C-3 Zones, provided that they
meet the following conditions:
(1)
All aspects of the business
shall be carried on within a fully enclosed structure.
(2)
Storage of parts, both new
and used, as well as parts which are removed to be discarded, shall
be inside a fully enclosed building.
(3)
No vehicles shall be parked
on the premises overnight, unless they are kept within a fully enclosed
structure.
(4)
No auto body repair work
shall be permitted.
(5)
No unlicensed vehicles may
be kept for parts.
M.
Motor vehicle sales. Automobile
and motor vehicle sales shall be permitted in the C-3 Zone under the
following conditions:
(1)
Used vehicle sales shall
be permitted as an accessory to the permitted new vehicle sales use.
(2)
No more than 25% of the outdoor
display shall be devoted to used vehicles.
(3)
A minimum building size of
5,000 square feet shall be required.
(4)
At least 20% of said building
shall be devoted to new car display.
(5)
The area devoted to outdoor
display of both new and used vehicles shall not exceed 1 1/2
times the area of the building.
(6)
All outdoor display and service
areas, including driveways, shall be paved in a dust-free manner acceptable
to the Planning Board.
(7)
Display lighting shall be
shielded and located and maintained so as not to reflect glare onto
surrounding or neighboring properties or public roads. Strings of
exposed lights and lights of intermittent intensity are prohibited.
(8)
Vehicle service, excluding
body work, shall be permitted as an accessory use and shall be located
entirely within a structure.
N.
Motorcycle sales. Motorcycle
and moped sales shall be permitted in the C-3 Zone under the following
conditions:
O.
Retail sales. Within the I-1
and I-2 Zones, retail sales facilities for the sale of products manufactured,
assembled or warehoused on the same premises shall be permitted under
the following conditions:
P.
Lighting.
(1)
Lighting of the exterior
of all properties in all nonresidential zones shall be provided so
as to ensure visibility and public safety.
(2)
No light in the C-1 and C-2
Zones shall be mounted higher than 12 feet from the ground elevation.
Lights shall be shielded to prevent glare onto adjacent residential
zones and parklands and so as to provide no more than 0.25 footcandle
of illumination at the property line.
(3)
In the C-3 and C-4 Zones
and the I-1 and I-2 Zones, any light within 100 feet of a residential
district or parkland shall be mounted no higher than 12 feet from
the ground elevation. No more than 0.25 footcandle of illumination
shall exist at the residential or parkland property line. Any light
further than 100 feet from parkland or residentially used or zoned
property shall be mounted no higher than 20 feet above the ground
level, and no illumination greater than 0.5 footcandle at the property
line shall be permitted.
Q.
Fences. In any nonresidential
district, no fence shall be erected or installed which is greater
than eight feet in height. No barbed wire, electrified fence or other
similar material shall be permitted.
R.
Apartment units above commercial
uses. Within the CBD-1, CBD-2 and C-1 Zones, living and sleeping accommodations
for households in conjunction with a permitted use shall be permitted
under the following conditions:
[Amended 11-23-2021 by Ord. No. 2021-16]
(1)
The property must front on
the Newark-Pompton Turnpike.
(2)
The residential portion shall
have a separate and direct entrance upon a street via an unobstructed
passageway.
(3)
The residential use is located
within the principal building and is only available above the ground
floor of the permitted commercial use.
S.
Outside display of merchandise. Outside display, except display associated with motor vehicle sales or garden centers regulated in § 360-47J and M, shall be permitted where the following conditions are met:
[Amended 4-27-2021 by Ord. No. 2021-05]
(1)
Outside display of merchandise
must be in conjunction with an enclosed retail use.
(2)
The area devoted to outside
display shall not exceed 5% of the area of the enclosed retail use;
however, the Planning Board may further limit the amount of display
space permitted where site size and conditions create particular constraints.
(3)
This area shall be contiguous
with an outside wall of the enclosed retail space unless the Planning
Board finds that an alternative location is appropriate.
(4)
The display shall not interfere
with pedestrian or vehicular access, visibility and safety.
(5)
The Planning Board may require
fencing and landscaping to promote security and to buffer visual impacts.
T.
Outdoor go-kart track. Outdoor
go-kart tracks shall be permitted where the following conditions are
met:
(1)
The minimum property setback
shall be 20 feet.
(2)
There shall be a minimum
of 10 feet of landscape buffer between the go-kart track and the property
boundaries.
(3)
The use shall be no closer
than 500 feet to a residential zone.
(4)
The go-karts must be electric.
(5)
The setback from Route 23
for the go-kart track shall be 500 feet.
U.
Cultivation of cannabis. Cultivation of cannabis shall be permitted
in preexisting farm uses in the AG Zone District and only where the
following conditions are met:
[Added 7-13-2021 by Ord.
No. 2021-13; amended 11-23-2021 by Ord. No. 2021-16]
(1)
Bulk regulations.
(a)
Lot size. A lot area of no less than four acres.
(b)
Lot width. The minimum lot width shall be 200 feet.
(c)
Front yard setback. All cultivating structures shall have a
minimum front yard setback of 175 feet.
(d)
Side yard setback. All cultivating structures shall have a minimum
side yard setback of 50 feet.
(e)
Rear yard setback. All cultivating structures shall have a minimum
rear yard setback of 50 feet.
(f)
Building coverage. The maximum building coverage for permanent
buildings shall be 75%.
(g)
Impervious coverage. The maximum impervious coverage shall be
80%.
(h)
Fencing. All structures used for the cultivating of cannabis
shall be enclosed by a chain-link fence that is at least seven feet
in height.
(i)
Maximum building height. The maximum permitted cultivating/growing
building height shall not exceed 35 feet.
(2)
Security. All structures shall be designed using safety and security
barriers to prevent the unlawful and unauthorized entry into the cultivating/growing
structures in accordance with the licensee's state-issued permit requirements.
(3)
Eligible locations.
(a)
Cultivating facilities shall be located at least 1,000 feet
from the property line of any schools as depicted on the Township's
most current Drug-Free School Zones Map.
(b)
Cannabis cultivation shall take place and be restricted to permanent
structures, including greenhouses. The use of temporary structures
shall not be permitted for the cultivation of cannabis.
(4)
Odor control. The cultivating facility shall provide an air-treatment
system with sufficient odor-absorbing ventilation and exhaust system
such that any odor generated inside the facility is not detectable
by a person of reasonable sensitivity at the property line of the
subject property. The operator of any cannabis facility shall submit
an annual odor-monitoring report for the life of their applicable
state permit.
(5)
Noise control. All cannabis cultivating operations shall operate
in compliance with state and local noise laws and regulations.
(6)
Generator. All cannabis cultivating operations shall have a back-up
generator which shall be sufficient in output to maintain all operating
and electronic security systems in the event of a power failure.
(7)
Lighting. No light generated by any cannabis cultivating/growing
structures shall result in measurable light changes at the nearest
property boundary to each structure. Interior light shades may be
required by the Board on greenhouse structures to manage potential
light impacts. On-site security lighting, whether or not indoor or
outdoor, and hydroponic or other lighting used in indoor cultivation
areas shall be exempt from this provision.
(8)
Site plan approval. Site plan approval shall be required as per § 360-61. In addition to the general site plan submission requirements, the applicant shall submit, including, but not limited to, a safety and security plan, emergency service access plan, hazardous material inventory, environmental impact statement and waste control plan.
(9)
Limited cannabis processing shall be permitted as accessory to cannabis
cultivation, provided that no more than 20% of the cultivation facility
may be used for processing.
V.
Brewery/Distillery.
[Added 11-23-2021 by Ord.
No. 2021-16]
(1)
For establishments in the CBD-1 and CBD-2 Zones:
(2)
For establishments in the I-1 and I-2 Zones:
(a)
Establishments must sell a minimum of 75% of their product off-site.
(b)
Tasting rooms are permitted.
(c)
Parking areas shall be designed to enhance the safety of patrons
as they arrive at and leave the facility.
(d)
For breweries or distilleries sharing a building with other tenants, the use shall be located a minimum of 100 feet from all required loading spaces as described in § 360-57 of this chapter.
(e)
All activities shall take place within the building.
(3)
Establishments shall include a designated pickup and delivery area
for all patrons in such a way that provides safe and clearly designated
access to enter or exit the facility.
W.
Artisan industrial space/artisans' studios.
[Added 11-23-2021 by Ord.
No. 2021-16]
(1)
All activities shall take place within the building.
X.
Pet care establishments.
[Added 11-23-2021 by Ord.
No. 2021-16]
(1)
Any outside pens or exercise runs shall be maintained in the I-1
and I-2 Zones only, provided that such runs are located at least 100
feet from all property lines and at least 200 feet from any residence
district. Such runs shall be enclosed on all sides by a wall or solid
fence between six feet and eight feet in height.
(2)
In the H-C, C-3 and C-4 Districts, all treatment rooms, cages, pens,
runs and kennels shall be maintained within a completely enclosed
soundproof building.
(3)
Any pet care establishment with enclosed pens, runs and kennels shall
provide structural plans and specifications bearing the certification
of an acoustical engineer verifying that the proposed structure will
achieve the required sound transmission loss.
(4)
Appropriate equipment shall be provided to absorb odors, and adequate
service shall be provided for the removal of refuse.
[Amended 10-25-2005 by Ord. No. 2005-21; 3-24-2009 by Ord. No. 2009-2]
A.
Soil removal. No person, firm or corporation shall strip, excavate or mine soil, sand or gravel in any zone for sale or for use other than on the premises from which the same shall be taken, except in connection with the construction or alteration of a building on such premises and excavation or grading incidental thereto, and only in accordance with Chapter 290, Soil Removal, as amended.
B.
Location on an improved street.
No building permit shall be issued unless the lot fronts on an improved
and accepted public street.
C.
Flood regulations. All provisions of Chapter 171, Flood Damage Prevention, and amendments thereto shall be complied with.
D.
Drainage regulations. No cellar or basement or other structure to be located wholly or partially below the finished grade line shall be permitted on any lot where the water table is within six feet of the proposed lowest level of such structure, unless the applicant for such structure shall certify, in writing, to the Construction Official that the structure will be so constructed to be waterproof. No lot shall be filled or graded so as to create a ponding condition. All provisions of Chapter 307, Stormwater Management, and amendments thereto shall be complied with.
E.
Front yards.
(1)
Alterations and reconstructions
that are behind the prevailing setback line on the same side of the
street within the same block, although in the front of the front yard
setback line as established by district regulations for the zone,
shall be permitted. The prevailing setbacks on the block shall be
established by utilizing one existing principal structure on either
side of the subject site, on the same side of the street. The front
yard setback for corner lots shall be that setback associated with
the main front entrance to that structure.
(2)
The limits of the proposed
addition or expansion shall be less than or equal to the existing
setback conditions footprint or the proposed setbacks shall be consistent
with the prevailing setbacks on the block with the height not to exceed
35 feet. The prevailing setbacks on the block shall be established
by averaging the existing home on either side of the residence, on
the same side of the street. The front yard setback for corner lots
shall be that setback associated with the main front entrance to the
residence.
(3)
Where there is no existing
building on a side of a street within a block, no new building shall
be erected with its street wall, walls or covered porches nearer the
street line than the minimum depth of the front yard indicated for
each respective zone in the district regulations.
(4)
In applying the foregoing
requirements, any block which is improved to an extent of less than
20% of its frontage shall, for the purposes of this subsection, be
considered as if it were entirely unimproved.
F.
Corner lots.
(1)
The
front yard setback on a corner lot shall be measured from all streets
on which the property abuts.
(2)
On
corner lots, the principal building may be placed diagonally, and
yards shall then be located and measured as follows:
(a)
The front yard shall be
all that space between the street and the front line of the principal
building extended to intersect the street line. The front setback
shall be as set forth in the zone regulations, measured from the outside
front corners along a line perpendicular to the street lines.
(b)
The rear yard shall be
all that space between the rear line of the principal building extended
to intersect the lot lines and said lot lines. The rear yard shall
be as set forth in the zone regulations and shall be the distance
between the rear line of the principal building and the lot lines,
measured along the side lines of the building extended.
(c)
The side yard shall be
all that space adjoining the side of the principal building and between
the front and rear yards. At no point shall such building be closer
to the lot lines than the minimum width set forth in the zone regulations
which shall be measured along a line perpendicular to the lot line
from the nearest point of said building.
(3)
An
attached garage shall be considered an integral part of the principal
building, and the above setbacks shall be maintained from the outside
corners of said garage.
G.
Through lot. The front yard setback
on a through lot shall be measured from all streets on which the property
abuts.
H.
Distance from a river or water
body.
(1)
To preserve natural areas
that contribute to the quality of stormwater entering streams, no
structure shall be built and no fill shall be placed within the following
distances of the nearest bank of the various watercourses within the
Township:
(2)
These distances shall be
minimums. Any state standards in excess of these distances shall be
complied with.
I.
Vision obstruction. On any corner
lot, no wall, fence or other structure shall be erected and no hedge,
tree, shrub or other growth shall be maintained at a height in excess
of 2 1/2 feet, measured from the height of the gutter line or
base of curb of the adjacent streets, within the triangular area formed
by lines along the street in accordance with 1990 AASHTO street standards.
[Amended 4-27-2021 by Ord. No. 2021-05]
J.
Environmental impact. For all development, except for one- and/or two-family homes and structures accessory thereto, an environmental impact report may be required in accordance with Chapter 144, Environmental Impact Reports, as amended, and in accordance with any guidelines or other criteria which may be set forth by the Planning Board, the Zoning Board of Adjustment or any other person, board or agency which has the authority to require an environmental impact report in accordance with good engineering and planning practice.
K.
Mobile homes. No mobile home
shall be permitted in the Township of Pequannock except for a six-month
interim period that can be extended administratively in situations
created by the destruction of a residential structure.
L.
Decks.
(1)
All decks shall be permitted
in the side and rear yards. No deck shall be permitted in the front
yard.
(2)
Attached and detached decks
shall meet all required side and rear yard setbacks of the district
within which they are located. However, decks associated with pools
may have a minimum side and rear yard setback of 10 feet.
(3)
A deck shall be defined as
a level surfaced area, generally constructed of wood, directly adjacent
or separated from the principal building at 30 inches or more above
finished grade. Such structure, if attached to the principal structure,
shall be considered part of the principal structure.
M.
Cannabis establishments prohibited. The operation of all classes
of cannabis establishments as defined by P.L. 2021, c. 16, including,
but not limited to, cannabis retailers, cultivators, manufacturers,
distributors, wholesalers, testing facilities, delivery services,
medical cannabis dispensaries, alternative cannabis treatment centers,
including such operators holding a medical cannabis dispensary permit
pursuant to P.L. 2009, c. 307 (N.J.S.A. 24:61-7), are expressly prohibited
uses within the jurisdictional boundaries of the Township of Pequannock,
except that the cultivation of cannabis products and related limited
cannabis processing activities shall be permitted as conditional uses
pursuant to N.J.S.A. 55D-67 in the AG Zone District, subject to the
express conditions and limitations provided in this chapter.
[Added 7-13-2021 by Ord.
No. 2021-13; amended 11-23-2021 by Ord. No. 2021-16]
[1]
Editor's Note: Former § 360-49, Affordability control;
Fair Housing Committee, was repealed 3-14-2023 by Ord. No. 2023-05.
[Added 3-25-2008 by Ord.
No. 2008-04; amended 2-24-2009 by Ord. No. 2009-1]
A.
ANTENNA
APPROVING AUTHORITY
CO-LOCATION
HEIGHT
PREEXISTING TOWERS and PREEXISTING ANTENNAS
STEALTH TECHNOLOGY
WIRELESS TELECOMMUNICATIONS FACILITY (FACILITY)
WIRELESS TELECOMMUNICATIONS SITE (SITE)
WIRELESS TELECOMMUNICATIONS TOWER (TOWER)
Definitions. As used in this
section, the following terms shall have the meanings indicated:
Any exterior transmitting or receiving device mounted on
a tower, building or structure and used in communications that radiate
or capture electromagnetic waves, digital signals, analogue signals,
radio frequencies (excluding radar signals), wireless telecommunications
signals or other communication signals.
The Planning Board or Zoning Board of Adjustment of the Township
of Pequannock.
The use of a common wireless telecommunications tower or
a common structure for more than one antenna or the placement of a
wireless telecommunication tower or antenna on a structure owned or
operated by a utility or other public entity.
When referring to a tower or lawful structure shall mean
the distance measured from the lowest existing grade within 10 feet
of the tower to the highest point on the tower or any antennas attached
to the tower, whichever is higher. The height of the tower shall not
include a lightning rod.
Any tower or antenna for which a building permit has been
properly issued prior to the effective date of this section, including
permitted towers or antennas that have not yet been constructed so
long as such approval is current and not expired.
Artificial trees, clock towers, bell steeples, flagpoles,
light poles and similar alternative design-mounting structures that
camouflage or conceal the presence of antennas or towers.
All the structures or equipment serving the wireless telecommunications
site, such as towers, equipment sheds, telecommunications antennas
and fences.
The enclosed area in which a tower, facility and its appurtenances
are located.
A freestanding vertical structure designed to support one
or more wireless telecommunications antennas. When utilized, this
term shall also include any antennas attached to the tower.
B.
Prohibited uses in residential
zone or adjacent to residential use. Wireless telecommunication towers,
antennas and related facilities are prohibited uses within all residential
zones or adjacent to a residential use.
C.
Conditional uses. Wireless telecommunication towers, antennas and facilities are conditional uses and are only permitted in zoned districts as described in the following Subsection C(2) and where they meet the following requirements described in the following Subsection C(1), (3) and (4):
(1)
The applicant must demonstrate
the following:
(a)
The applicant demonstrates
that there is a significant gap in the availability of wireless service
for all carriers which the proposed new tower will satisfy; and
(b)
The applicant demonstrates that the existing significant gap described in Subsection C(1)(a) above cannot be satisfied through the utilization of existing towers, antennas or structures.
(c)
Sites for wireless telecommunications
facilities must demonstrate that they provide the least visual impact
on residential areas and public ways. All potential visual impacts
must be analyzed to illustrate that the selected site provides the
best opportunity to minimize the visual impact of the proposed facility.
[1]
Wireless telecommunications
equipment facilities should be located to avoid being visually solitary
or prominent when viewed from residential areas and the public way.
The facility should be obscured by vegetation, tree cover, topographic
features and/or other structures to the maximum extent feasible.
[2]
Wireless telecommunications
facilities shall be placed to ensure that historically significant
structures, viewscapes, streetscapes and landscapes are protected.
The views from architecturally and/or historically significant structures
should not be impaired or diminished by the placement of telecommunications
facilities.
(2)
Locations permitted. Where a proposed tower meets the requirements set forth in Subsection C(1), said tower, antennas and related facilities shall only be permitted on properties or in the following zone districts according to their location priority. If a wireless telecommunications provider seeks to place a wireless telecommunications facility on a lot that is located in a priority level other than the first priority location, the provider must establish that the location prioritized ahead of the location in which the building or lot is located is either not available or not suitable for the provision of adequate wireless telecommunications services within the Township as provided in the Telecommunications Act of 1996 (47 U.S.C. § 332). The priority of the locations is as follows:
(a)
First priority: on existing
wireless communication towers.
(b)
Second priority: properties
located in the C-3 and C-4 Districts.
(c)
Third priority: land and/or
structures owned by the Township of Pequannock with the consent of
the Township Council prior to hearing by a board.
(d)
Fourth priority: properties
located in the I-2 and AG Districts and the I-1 District as follows:
Block 4402, Lots 6, 7, 8, 9 and 10. These specific properties provide
adequate setback from residential properties that make them reasonable
and viable candidates for future cell tower construction.
[Amended 11-23-2021 by Ord. No. 2021-16]
(3)
Bulk, area and setback requirements applicable to property owned by the Township of Pequannock or located in the C-3, C-4, I-1, I-2 and/or AG District. Where the proposed use has met all the requirements described in Subsection C(1) and (2) above, the following additional requirements shall apply:
[Amended 11-23-2021 by Ord. No. 2021-16]
(a)
Location of tower on property
shall be approved by the approving authority so as to minimize the
aesthetic impact after a review of those locations on the property
which will satisfy the applicant's reasonable communication needs;
however, the minimum requirements are as follows:
[1]
Minimum front yard
setback: 50 feet or adjacent or behind the existing use and away from
any residential use or zone to the greatest extent possible.
[2]
Minimum rear yard setback:
50 feet or away from any residential use or zone to the greatest extent
possible.
[3]
Minimum side yard setback:
50 feet or away from any residential use or zone to the greatest extent
possible.
[4]
Maximum height of structure.
The structure shall not be any higher than the applicant demonstrates
is necessary to meet reasonable communication needs and in no event
shall the tower be higher than 100 feet, except that where greater
height is necessary because more than one set of commercial transmitting/receiving
antennas is co-located on a tower, the total height of the tower shall
not be greater than 130 feet inclusive of antennas as measured to
the top of the antennas.
[5]
Distance of tower,
antennas and facility from residential zone or use. No tower, antennas
or facility shall be located within 200 feet of a residential zone
or use except as otherwise permitted under this section.
(4)
Requirements applicable to
all towers.
(a)
Fencing. All towers, antennas
and related facilities shall be suitably secured and enclosed within
chain-link security fencing, said fence to be six feet in height and
enclosing the tower, antennas and the facilities in a maximum enclosed
area of 1,500 square feet for each carrier located on the tower. (A
carrier is a telecommunication company with an antenna on the tower.)
The perimeter of the enclosure shall be landscaped with evergreen
shrubs. The shrub plantings shall have a minimum height of five feet
and be three feet on center. Such landscaping shall be provided where
appropriate as determined by the approving agency.
(b)
Access roadways. Any access
to the facility shall be by utilization of existing roadways without
the creation of any additional curb cuts.
(c)
Equipment/generator. Any
equipment and/or generator located on the site shall be located within
an existing structure to the extent feasible. If this is not feasible,
the applicant shall demonstrate the lack of feasibility. If feasibility
is demonstrated, the equipment shall be located within an attractively
designed structure which is the minimal size necessary to accommodate
said equipment. This structure should be designed to be neutral in
color, complement the existing use and/or aesthetically benign to
any adjacent residential uses or zones.
(d)
Site clearing. Site clearing
shall be minimized to preclude the removal of vegetation beyond that
necessary to install and maintain the facility. Removal of any trees
of a caliper of eight inches or greater will require replacement with
as many trees as needed to replace the sum of the caliper lost.
(e)
Co-location. All applicants
must agree to allow the co-location of additional antennas on the
tower where it is demonstrated that these antennas are necessary to
satisfy a reasonable communication need subject to reasonable lease
terms. In the event that there is a reasonable additional communication
need for a proposed antenna, it shall be considered a structure and
may not be erected until a site plan has been submitted to the approving
authority and a determination has been made by the approving authority
that it meets all of the requirements of this chapter.
(f)
Monopole and stealth construction.
Whenever the approving authority concludes that stealth construction
will minimize aesthetic detriment to surrounding properties it shall
require it. All towers shall provide verification of structural integrity
and be of monopole construction, unless stealth or camouflage towers
are required by the approving authority. Lattice-type structures and/or
guy wires are prohibited.
(g)
Noise level. Noise levels
at any property line shall not be more than 20 decibels.
(h)
Abandonment. In the event
a wireless telecommunications facility proposes to abandon its facility,
it shall notify the Township, in writing, at least 90 days before
the planned abandonment. Once the telecommunications facility is abandoned
or not operated for the use as approved for a period of 120 days,
the same shall be removed at the sole expense of the operator and/or
property owner. A demolition/removal permit shall be required from
the Township Department of Construction and Land Use. In no event
may a wireless telecommunications facility be used for a purpose other
than its initial approved use.
(i)
Signs. No signs shall
be permitted on any tower, equipment or related facilities, except
for those signs required by law or which are safety related, such
as owner contact information, warnings, equipment information and
safety instructions. These signs shall not exceed two square feet
in total area. Commercial signs shall be prohibited on all wireless
telecommunications towers, facilities and equipment.
(j)
Lighting. There shall
be no lighting associated with the cell tower except to the extent
that regulatory lights are required by federal regulations; where
emergency temporary lighting is required it shall be oriented inward
and downward to minimize off-site impact and shall at a minimum meet
the requirements of all other lighting ordinances applicable in residential
zones.
(k)
RF radiation. The applicant
shall comply with the New Jersey Radiation Protection Act[1] and regulations and any other federal or local regulations
or laws which are applicable. The applicant shall demonstrate compliance
with such standards through the presentation of reports or certifications
from an appropriate electrical engineer.
[1]
Editor's Note: See N.J.S.A. 26:2D-1 et seq.
(l)
Multiple uses. Any prohibition
contained in any ordinance restricting the number of principal uses
per lot shall not apply to the construction of wireless telecommunications
towers, facilities and equipment when the conditions contained in
this chapter are met. The minimum setback distance between structures
shall not apply to wireless telecommunications towers, facilities
and equipment.
(m)
Site location analysis.
In order for the approving authority to determine that the proposed
tower and facilities are required because of an existing gap in service
as described herein and to determine the minimum height necessary
to meet reasonable communications requirements, every applicant for
a wireless telecommunications tower, facility or equipment shall include
a site location alternative analysis. The analysis shall address the
following issues:
[1]
How the proposed location
of the wireless telecommunications tower, facility or equipment will
accomplish the objective of providing full wireless communications
services within the Township of Pequannock.
[2]
The applicant shall
provide testimony and documentation demonstrating that a search of
all of the locations according to the priority listing identified
the proposed site and how the determination was made as to how the
proposed site is either the best suited or only available site to
satisfy the reasonable communication needs of the applicant or, in
the event there is more than one site available, that the proposed
site is the site best suited to minimize the impacts to the residential
neighbors, aesthetic detriment or environmental damage caused by the
erection of the proposed tower.
[Amended 4-27-2021 by Ord. No. 2021-05]
[3]
How the proposed location
of the wireless telecommunications tower, facilities or equipment
relates to the anticipated needs for additional towers, facilities
or equipment within and near the Pequannock area by the applicant
and by other providers.
(n)
Site plan approval. All
wireless telecommunication towers and facilities must receive site
plan approval from the appropriate municipal boards, except that an
application for development to co-locate wireless communications equipment
on a wireless communications support structure or in an existing equipment
compound shall not be subject to site plan review, provided the application
meets the requirements of N.J.S.A. 40:55D-46.2. In addition to the
applicable documentation and information required for major site plans
in this chapter, the following additional documentation and information
shall be required as part of any personal wireless telecommunications
facility application:
[Amended 4-27-2021 by Ord. No. 2021-05]
[1]
A scaled site plan
clearly indicating the location, type and height of the proposed tower,
on-site land uses and zoning, adjacent land uses and zoning (including
when adjacent to other municipalities), adjacent roadways, proposed
means of access, setbacks from property lines, elevation drawings
of the proposed tower and any other structures, topography, parking
and other information deemed necessary to assess compliance with this
chapter.
[2]
The setback between
the proposed facility and the nearest residential unit.
[3]
Documentation by a
qualified expert regarding the capacity for and type of additional
future antennas.
[4]
Documentation by a
qualified expert demonstrating the need for the facility.
[5]
Documentation by a
qualified expert that any proposed tower will have sufficient structural
integrity to support the proposed antennas and the anticipated future
co-located antennas and that the structural standards developed for
antennas by the Electronic Industries Association and the Telecommunications
Industry Association have been met.
[6]
A letter of intent
by the applicant, in a form acceptable to the Township Council, indicating
that the applicant will share the use of any tower with other approved
wireless telecommunications services subject to reasonable lease terms.
[7]
A visual sight distance
analysis, graphically simulating the appearance of any proposed tower
and indicating its view from at least five locations around and within
one mile of the proposed tower where the tower will be most visible.
[8]
Applicant will demonstrate
that the tower does not constitute a risk for individuals near the
facility from falling ice or other debris.
(o)
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 personal wireless telecommunications
tower, facility or equipment, the applicant is aware of this procedure.
(p)
Off-street parking. The
applicant shall demonstrate that adequate parking exists for both
the existing use as well as the location of equipment or vehicles
serving said tower so as to not obstruct traffic or interfere with
ingress, egress or use on the property.
