Any driveway providing access from a public street to any permitted
use or structure shall comply with the following regulations:
A. Driveways shall enter the street or road right-of-way at an angle
between seventy-five degrees (75°) and one hundred five degrees
(105°).
B. The portion of the driveway between the existing shoulder and the
right-of-way line shall be paved according to borough specifications
as a driveway extension in residential areas.
C. Any curb opening shall be properly reconstructed to the satisfaction
of the Municipal Engineer or the County Engineer along county roads.
When curbing does not exist and conditions warrant, an adequate drainpipe
shall be installed by the owner at the owner's expense, as determined
by the Municipal Engineer.
D. Driveway grades shall not exceed 8% for a distance of 40 feet from
any right-of-way line.
E. Driveway widths shall conform to the design standards specified in §
67-87 of Part
4 of this chapter. For permitted uses which are not subject to site plan review, driveways shall have a minimum width of 10 feet and a maximum width of 20 feet.
F. Driveways shall be maintained in adequate condition to permit access
by emergency vehicles.
G. No driveway shall be constructed or maintained so that any part of
it provides access to or from a public street at a point within 75
feet of the intersection of the right-of-way.
The following requirements shall apply in all districts and
shall supplement the sight triangle easements required during site
plan or subdivision review. (See Plates 7 through 10.)
A. Nothing shall be erected, placed or allowed to grow in such a manner
as to materially impede vision between a height of 30 inches and 10
feet above the center-line grade of the intersecting streets or driveways
within the triangular area formed by the intersecting street and driveway
lines and:
(1) For corner lots, a straight line joining points located on said line
a distance of one foot for each mile of allowed speed limit from the
intersection of the street lines.
(2) For a driveway entering a public street, a straight line joining
points located a distance of one foot for each mile of allowed speed
limit along the street line and a point a distance of 15 feet along
the driveway line from the intersection of the street and driveway
lines.
(3) For lots contained on the inside of a curve, a straight line joining
points located a distance of one foot for each mile of allowed speed
limit from the intersection of the side yard boundary lines and the
edge of the street for the lot in question.
B. Whenever a front yard requirement is modified under §
67-42 of this Part
3, the measurement line from that section shall be used in defining the triangular area rather than the street line.
[Amended 9-12-95 by Ord. No. 495; 3-28-1988 by Ord. No.
394; 10-9-1989 by Ord. No. 419]
Swimming pools, including above ground pools shall be permitted
as an accessory use to a residential unit in accordance with the following
standards:
A. This swimming pool and apron shall not be located in the front yard
and the water of the pool shall be set back at least 10 feet from
any side or rear property lines.
B. Any portion of the perimeter of a private swimming pool that does
not abut the principal dwelling or accessory building must be surrounded
by a suitable fence at least four feet but less than seven feet in
height to prevent access by small children or pets.
C. Prior to the issuance of a construction permit, the provisions of §
67-91 of the Code of the Borough of Woodstown shall be followed regarding the approval of a grading plan.
[Added 12-8-2020 by Ord. No. 2020-10]
Adequate off-street parking and loading, open-air or indoor,
shall be provided with all new construction, the creation of new uses
or the expansion or alteration of existing uses, according to the
standards specified in the Site Plan Review Part.
Buildings and structures shall be oriented to permit them, within
the limits of practicability and feasibility, to maximize solar gain.
[Amended 11-28-06 by Ord. No. 2006-636]
A. Every environmental impact statement shall contain or make reference
to the following:
(1) A key map showing the location of the project and how it relates
to the surrounding region affected thereby.
(2) A description of the project, specifying, in the form of maps, drawings,
graphs or similar visual aids and also by narrative, what is to be
done and how it is to be done during and after construction of the
project, including information and technical data adequate to permit
a careful assessment of the environmental impact of the project.
(3) Existing environmental conditions:
(a)
An inventory of the existing environmental conditions at the
project site and in the surrounding region affected thereby, which
shall describe the following:
[1]
Physical characteristics:
[b] Hydrology, including maps and descriptions of streams,
water bodies and floodplains and a discussion of water quality.
[d] Soils and their properties, including capabilities
and limitations.
[2]
Wildlife:
[a] Fish and aquatic organisms.
[3]
Man-made conditions and structures:
[a] Sanitary and storm sewer systems, including planned
construction.
[b] Noise characteristics and levels.
[d] Land use, including maps and descriptions and zoning
and Master Plan delineation of the project area.
[f] Agricultural field tiles.
[Added 4-11-06 by Ord. No. 2006-628]
[4]
Community character:
[a] History, including maps and descriptions of sites
of historic and archaeological significance.
[d] Maps and descriptions of sites reserved or planned
for recreational purposes or as wildlife refuges.
(b)
Air quality and water quality shall be described with reference
to the standards promulgated by the Department of Environmental Protection
of the State of New Jersey, and soils shall be described with reference
to criteria contained in the Northeast Soil Conservation District
Standards and Specifications.
(4) A listing of all licenses, permits or other approvals required by
municipal, county or state law, the status of each and proof that
the applicant has contacted officials of any federal, state, county
or municipal agency affected by the proposed project.
(5) An assessment of the probable impact of the project upon all of the topics listed in Subsection
A(3) above.
(6) A listing and evaluation of adverse environmental impacts which cannot
be avoided, with particular emphasis upon air or water pollution,
increases in noise during and after construction, damage to plant,
tree and wildlife systems, damage to natural resources, displacement
of people and businesses, increases in sedimentation and saltation,
flooding, potential stormwater runoff damage, both on and off site,
increases in municipal services and the health, safety and well-being
of the public. Off-site impact shall also be set forth and evaluated.
Development applications for property located within the CR or CONS
Zone shall not be approved if the environmental impact statement or
worksheet discloses an adverse environmental impact.
[Amended 4-11-06 by Ord. No. 2006-628]
(7) A thorough description of the steps to be taken to minimize adverse
environmental impact before, during and after construction of the
project, both at the project site and in the surrounding region affected
thereby, such description to be accompanied by necessary maps, schedules
and other explanatory data as may be needed to clarify and explain
the actions to be taken.
(8) An irreversible and irretrievable commitment of resources which would
be involved in the proposed action shall be identified and described.
(9) A statement of alternatives to the proposed project which might avoid
some or all of the adverse environmental effects, including a no-action
alternative, with an objective evaluation of each alternative, including
the no-action alternative.
(10)
A reference list of available pertinent, published information
relating to the project, the project site and the surrounding region
affected thereby.
B. Form. The form of environmental impact statement shall be prescribed by the Joint Environmental Commission established pursuant to Section
9-1 et seq. The Environmental Commission shall prepare an appropriate worksheet and amend same from time to time as deemed necessary and submit such worksheet and any amendments thereto to the Woodstown Planning Board for review and approval. The most current worksheet shall be utilized for all development applications for which an environmental impact statement is required.
C. Preparation. The environmental impact statement shall be prepared
by a licensed professional engineer or such other person as the Municipal
Planning Board may accept as having sufficient expertise for the preparation
of the required impact statement and shall follow the form prescribed
by the Joint Environmental Commission in the environmental impact
statement worksheet.
[Amended 9-13-05 by Ord. No. 2005-614]
D. Waiver. Notwithstanding the foregoing, the Planning Board may waive
all of a portion of the requirements for an environmental impact statement
if sufficient evidence is submitted by the applicant to support a
conclusion that the proposed project will have a slight or negligible
environmental impact.
[Added 7-13-04 by Ord. No. 601]
Adequate open space and recreation shall be provided with all new construction, the creation of new uses or the expansion or alteration of existing uses, according to the standards specified in Part
5, Subdivision of Land Section
67-106.1.
[Added 11-24-2020 by Ord. No. 2020-9]
A. Solar energy systems shall be permitted accessory uses to the permitted
principal and other accessory uses on a lot and shall not involve
the production of power for off-premises consumption nor shall such
a use constitute the principal use of any lot. This prohibition shall
not be interpreted to preclude the occasional sale of excess power
from a solar energy system back to the public electric utility provider.
For systems intended for uses other than the ones stated, or for any
commercial projects, site plan approval is required.
B. Either rooftop and building-mounted solar collectors or ground-mounted
arrays and freestanding solar collectors are permitted to be installed,
but not both.
C. Rooftop and building-mounted solar collectors are permitted in all
zoning districts, subject to the following requirements:
(1)
Installation of rooftop and building-mounted solar collectors
shall require a zoning permit from the Zoning Officer and a building
permit from the Construction Office prior to installation.
(2)
Solar panels may extend a maximum of six inches above the roof;
further provided that the panels follow the pitch of the roof and
do not exceed the maximum permitted height of the prevailing zone.
(3)
No part of the solar panels or solar energy system shall extend
beyond the edge of the roof.
(4)
All visible solar collector parts, including frames and support
structures shall be nonreflective.
(5)
A rooftop and building-mounted solar collection system shall
be no larger than 1,200 square feet on a residential structure.
(6)
See Subsection
Q for zoning permit application requirements.
(7)
Rooftop installations must not interfere with any operation
of plumbing fixtures protruding from the rooftop level, as required
by the New Jersey Plumbing Codes.
D. Ground-mounted arrays and freestanding solar collectors are permitted
as accessory structures in all zoning districts only if mounting is
determined, by the Zoning Officer, to be impractical by the property
or homeowner, subject to the following requirements:
(1)
Installation of ground-mounted arrays and freestanding solar
collectors shall require a zoning permit from the Zoning Officer and
a building permit from the Construction Office prior to installation.
(2)
The total surface area of all ground-mounted and freestanding
solar collectors on the lot shall not exceed 1,200 square feet.
(3)
Locate ground-mounted arrays of solar panels and solar devices
at a site in the rear or side yard if the arrays are not visible from
the public streets and do not detract from other major character-defining
aspects of the site. The location of detached solar arrays should
also consider visibility from adjacent properties, which shall be
reduced to the extent possible while still maintaining solar access.
(4)
All ground-mounted systems must be set back at least 50 feet
from the boundary lines.
(5)
Ground-mounted arrays shall not exceed 10 feet in height when
oriented at maximum tilt.
(6)
All visible solar collector parts, including frames and support
structures, shall be nonreflective.
(7)
Ground-mounted arrays shall be excluded from the calculation
of the lot (impervious) coverage if mounted on a lawn or a vegetated
area.
(8)
Submission of a plot plan that shows the location of the proposed
ground-mounted array and freestanding solar collectors. A minor site
plan shall be required if the total surface area of all ground-mounted
and freestanding solar collectors on the lot exceeds 1,200 square
feet.
(9)
See Subsection
Q for zoning permit application requirements.
E. Solar panels are permitted in the Historic District, subject to the
requirements found in this subsection, and the following:
(1)
Solar panels on roof surfaces shall not be visible from a public
right-of-way. However, solar shingles may be added to a roof surface
visible from a public way if low- or nonreflective shingles are used.
(2)
Set solar panels and solar devices back from the edge of a flat
roof to minimize visibility. Panels and devices may be set at a pitch
and elevated, if not visible from public streets.
(3)
Select solar panels, solar devices, mechanical equipment and
mounting structures with nonreflective finishes such as an anodized
finish.
(4)
Paint mechanical equipment attached to the building fascia the
same color as the fascia in order to blend into the building.
(5)
Locate detached arrays of solar panels and solar devices at
an historic site in the rear or side yard if the arrays are not visible
from the public streets and do not detract from other major character-defining
aspects of the site. The location of detached solar arrays should
also consider visibility from adjacent properties, which shall be
reduced to the extent possible while still maintaining solar access.
(6)
Use solar devices in nonhistoric windows, walls, siding or shutters
which do not face public streets.
(7)
For new structures within the Historic District, include building-integrated
solar panels and other solar devices into the initial design.
(8)
Use solar panels and solar devices that are similar in color
to roof materials.
(9)
The installation of solar arrays and collectors shall not be
permitted if it results in the removal of historic roofing materials
in order to add solar panels; disturbing the original roofline, dormers,
chimneys or other original features to add solar panels; and alters
the character defining elements such as historic windows, walls, siding
or shutters which face public streets or contribute to the character
of the building.
F. Applications for a solar energy system shall include information
demonstrating compliance with the provisions of this section.
G. To the extent reasonably possible, solar panels, regardless of whether
they are roof-mounted or ground-mounted, shall be oriented and/or
screened year-round so that glare is directed away from adjoining
properties and streets.
H. To the extent reasonably possible, solar energy systems shall be
designed using such features as colors, materials, textures, screening
and landscaping so as to blend into their settings and avoid visual
blight.
I. Solar energy systems shall not be used for the display of advertising.
J. Where site plan approval is required elsewhere in this chapter for
a development or activity, the site plan review shall include review
of the adequacy, location, arrangement, size, design, and general
site compatibility of solar collectors.
K. All solar collector installations must be performed by a qualified
solar installer, and prior to operation, the electrical connections
must be inspected by the Construction Office or other appropriate
electrical inspection agency as determined by the Borough. In addition,
any interconnection to the public utility grid must be inspected by
the appropriate public utility.
L. When solar storage batteries are included as part of the solar collector
system, they must be placed in a secure container or enclosure meeting
the requirements of the New Jersey State Building Code when in use
and when no longer used shall be disposed of in accordance with the
laws and regulations of Salem County and other applicable laws and
regulations.
M. Clearing of natural vegetation for the installation of a solar energy
system shall be limited to that which is necessary for the construction,
operation and maintenance of the system and as otherwise prescribed
by applicable laws, regulations and ordinances.
N. Any trees to be removed to accommodate the installation of a solar
energy system shall be accompanied by a plan demonstrating the need
to remove the trees. An applicant shall locate a solar energy system
so that tree removal is not required to the extent practical.
O. Any ancillary buildings and any outside storage associated with a
solar energy system must, to the extent reasonably possible, use materials,
colors, textures, screening and landscaping that will blend the facility
into the natural setting and existing environment (i.e., in an agricultural
setting, accessory buildings could be designed to look like barns).
Appropriate landscaping and architecture shall be provided to screen
accessory structures from roads and adjacent residences.
P. The solar energy systems shall remain painted or finished in the
color or finish that was originally applied by the manufacturer. The
exterior surface of any visible components shall be a nonreflective,
neutral color like white, gray or another nonobtrusive color. Finishes
shall be matte or nonreflective.
Q. The application for a zoning permit shall include the following documents
and information. The information submitted by the applicant must demonstrate
compliance with the provisions of this section. In the event the Zoning
Officer does not believe the provisions of this section will be satisfied,
an applicant may request a variance from the Woodstown Borough Planning
Board.
(1)
A zoning permit shall be required for the installation of a
solar energy system.
(2)
Structural engineering information and data for rooftop and
ground-mounted arrays from a licensed NJ engineer.
(3)
The zoning permit application shall be accompanied by a plot
plan which includes the following, as applicable:
(a)
Property lines and dimensions.
(b)
Location, dimension, and types of existing major structures
on the property.
(c)
Location, dimension, and type of the proposed solar energy system.
(d)
Orientation of the solar energy system.
(e)
The right-of-way of any public road that is contiguous with
the property.
(f)
Overhead utility lines and easements.
(g)
Proposed screening for ground-mounted systems and equipment.
(h)
Location and size of existing trees within and next to the area
of the proposed ground-mounted system, as well as any tree proposed
to be altered or removed.
(i)
The manufacturer's solar energy system specification/cut sheets
certified by a licensed New Jersey engineer, including manufacturer
and model.
(j)
Notification of the utility company for interconnection purposes.
(k)
The locations of landmark and specimen trees.
(4)
Fee. The application for a zoning permit for a solar energy
system must be accompanied by the zoning permit fee. The fee for such
a permit shall be $100.
(5)
Expiration. A permit issued pursuant to this subsection shall
expire if:
(a)
The solar system is not installed and functioning within 24
months from the date the permit is issued; or
(b)
The energy system is out of service or otherwise unused for
a continuous twelve-month period.
R. Any solar energy system that has generated no electricity for a period
of 12 months shall be deemed to be abandoned and shall be decommissioned
within a six-month period of such abandonment and subject to the following
requirements:
(1)
Decommissioning shall include the removal of the entire solar
panel array and all associated facilities and equipment connected
thereto from the premises and the cleaning and restoration of the
area to a preinstallation condition.
(2)
If said decommissioning has not been completed within the requisite
six-month period, then the Borough's Zoning Officer shall provide
written notice by certified mail to the landowner requiring that decommissioning
be completed within 30 days of the receipt of said notice.
(3)
If the decommissioning has not been completed within 30 days
of the receipt of said notice, the Borough may either undertake the
decommissioning and charge the landowner and/or facility owner and
operator for all of the costs and expenses thereof, including reasonable
attorney's fees, or take appropriate legal action to compel the decommissioning.
All costs incurred by the Borough shall be billed to the landowner
and if not paid within 60 days of billing, shall become a lien against
the property in the same manner that unpaid taxes would become a lien
pursuant to the laws of the State of New Jersey.
S. Solar systems that connect to the electric utility shall comply with
New Jersey's Net Metering and Interconnection Standards for Class
I Renewable Energy Systems at N.J.A.C. 14:4-9.
T. Sign and labeling requirements.
(1)
A minimum of one sign shall be posted near ground level on the
interconnection cabinet warning of high voltage. In addition, the
following information shall be posted on a label or labels on the
interconnection cabinet of the solar energy system:
(a)
The maximum power output of the system.
(b)
Nominal voltage and maximum current.
(c)
Manufacturer's name, address and telephone number, serial number
and model number.
(d)
Emergency and normal shutdown procedures.
(2)
Should the solar energy system interconnection cabinet be located
on the inside of a structure, a sign notifying the existence of a
solar energy system shall be placed on the outside of the building,
near the electrical and/or gas meter, in order to notify emergency
personnel of the solar energy system.
U. Installation standards.
(1)
Solar energy system construction shall be in accordance with
the appropriate sections of the Basic Building Code, as adopted and
as currently amended by the State of New Jersey, and any future amendments
and/or revisions to same.
(2)
The installation of a solar energy system shall conform to the
National Electrical Code, as adopted by the NJDCA and/or any other
applicable agency with jurisdiction. The installation of a solar energy
system is subject to any and all Atlantic City Electric Company requirements
for interconnection, its successors and assigns, and/or those designated
by state authority, in perpetuity.
(3)
The structural design and fastening details of any solar energy
system shall be signed and sealed by a professional engineer licensed
in the State of New Jersey, certifying that the structural design
complies with all of the standards set forth for safety and stability
in all applicable codes then in effect in the State of New Jersey
and all sections referred to hereinabove.
(4)
The property owner and/or installer of the solar panel installation
must receive approvals from any outside agencies having jurisdiction
over the project prior to the installation.
(5)
At the discretion of the Woodstown Borough Construction Office,
the Borough reserves the right to require the applicant to obtain
and submit an as-built survey upon completion of the solar energy
system, evidencing the exact location and height of the structures
to ensure said installation is made in accordance with the requirements
of the Borough of Woodstown.
(6)
All electric lines/utility wires shall be buried underground,
as applicable, and by applicable regulation and/or code. All electric
lines/utility wires leading down the side of the structure from rooftop
installations shall be placed and tacked as aesthetically as possible.
(7)
When a building or cabinet is necessary for storage cells or
related mechanical equipment, it must be documented as to the necessity.
The building may not exceed 120 square feet in area nor eight feet
in height and must be located at least the number of feet equal to
the accessory building setback requirements of the zoning district
from any property line. Any mechanical equipment associated with and
necessary for operation, including any building or cabinet for batteries
and storage cells, shall be equipped with a lock, and a small sign
shall be posted on the outside of the building or cabinet notifying
of the existence of solar energy system batteries and storage cells
in order to notify emergency personnel.
(8)
A solar energy system shall not add, contribute to or be calculated
to cause an increase in the requirements for building coverage of
all buildings and/or the maximum lot impervious surface(s) coverage
of any lot, parcel and/or property.
(9)
Any approval of a solar energy system does not create any actual
or inferred solar energy system easement against adjacent property
and/or structures. The owner and/or property owner of a solar energy
system shall not infer or claim any rights to protective writs to
any caused shadows or operating ineffectiveness against future development
adjacent to or higher than the property location of the solar energy
system. The approval of any solar energy system granted by the Borough
of Woodstown under this section shall not create any future liability
or infer any vested rights to the owner and/or property owner of the
solar energy system on the part of the Borough of Woodstown, or by
any other officer or employee thereof, for any future claims against
said issuance of approval of the solar energy system that result from
reliance on this section or any administrative decision lawfully made
thereunder.
(10)
The Atlantic City Electric Company, its successors and assigns,
and/or those designated by state authority shall be notified, in writing,
of any proposed interface with that company's grid prior to installing
such interface and shall conform to any legislated requirements governing
installations of solar energy conversion systems so as to comply with
the utility tariff specifications. A copy of said notification shall
be submitted at time of application.
V. Administration and enforcement.
(1)
It is unlawful for any person to construct, install, or operate
a solar energy system that is not in compliance with this section.
(2)
Solar energy systems installed prior to the adoption of this section are exempt from the requirements of this section, with the exception of Subsections
R and
T.
(3)
Any person who fails to comply with any provision of this section
shall be subject to enforcement and penalties as stipulated in this
chapter and section.
(4)
Nothing in this section shall be construed to prevent the Borough
Council and/or administrative officers of the Borough of Woodstown
from using any other lawful means to enforce this section.
(5)
This section shall be administered by any Borough of Woodstown
official, as designated.
(6)
Any Borough official may enter any property for which a permit
has been applied for and/or issued under this section to conduct an
inspection to determine whether the conditions stated in the permit
have been met.
(7)
The Borough may issue orders to abate any violation of this
section. The Borough may issue a citation for any violation of this
section.