Township of Upper Deerfield, NJ Article VII Supplementary District Regulations

§ 405-20 Air safety and hazardous zoning.

[Added 9-1-1988 by Ord. No. 316]

A. General requirements and provisions.

(1) No person shall build, rebuild, create or cause to be built, rebuilt or created any object or structure, or shall plant or cause to be planted or permit to grow any tree or vegetation which will interfere with, diminish, change or obstruct the airspace or landing and takeoff area available for the landing and takeoff of aircraft at public use airports.

(2) This subsection shall not be construed to require the removal or lowering of or other change or alteration of any structure or tree not conforming to the rules promulgated by the Department of Transportation or otherwise interfere with the continuance of any nonconforming use as created herein.

(3) In order to expedite the handling of routine applications for permits where the resulting development would have negligible adverse impact under the purposes of this section, the Commissioner of the New Jersey Department of Transportation may institute, by written order, fast-track or five-day application review procedures. The Commissioner may also establish, by written order, classifications of permit applications and, for certain routine applications, a permit application fee of $25.

(4) In the event that an airfield owner or operator has an agreement with the Federal Aviation Administration for the control of airfield hazards, the airfield owner or operator shall comply with the most protective provisions of both this subsection and any agreement with the Federal Aviation Administration.

B. Variances. No variance or other relief from the standards promulgated by or under this section may be granted by the Township to itself or any person except upon the condition that the variance or relief is contingent upon the issuance of a permit allowing the variance or relief by the Commissioner of the New Jersey Department of Transportation.

C. Delineation of airport hazard areas.

(1) Methodology used to delineate airport hazard areas.

(a) An airport hazard area shall be established for each runway at an airfield.

(b) Each airport hazard area shall consist of a runway subzone, two runway end subzones and two clear zones.

[Amended 8-2-1990 by Ord. No. 360]

(c) The overall airport hazard area for an airfield is geometrically constructed by defining and locating the runway subzone and runway end subzones for each runway open to the public on an airfield open to the public. The outermost borders of the subzone comprise the outermost boundary of the airport hazard area. The area within those outermost boundaries is that area regulated by the provisions of this subsection and is the airport hazard area for an airfield.

(d) The methodology used to delineate the overall construction and outermost boundaries of the airport hazard area for an airfield is further graphically depicted in Figure 3[1] below.

[1] Editor's Note: Figure 3, Bucks Airfield Graphic Depiction of the General Overall Construction and Outermost Boundaries of an Airfield Hazard Area, is included at the end of this chapter.

(2) Delineation of the runway subzone.

(a) The runway subzone of an airport hazard area shall consist of a rectangle having the same center line and length as the runway, unless a shorter length is necessitated by limited property ownership at the airport.

(b) The width of the runway subzone shall be 2,350 feet.

(c) The exact length of the runway subzone shall be determined by one of the two following methods:

[1] For most airports, the length of the runway subzone will be the same as the physical length of the runway.

[2] If the physical end of a runway is closer than 200 feet from the property or easement line of the airport, as measured along the runway's extended center line, then the end of the runway subzone shall be defined by a line drawn perpendicular to the runway center line at a point 200 feet inside of the airport property or easement line. In that case, a portion of the runway will extend beyond the bounds of the runway subzone.

(d) The methodology used to delineate the runway subzone of an airport hazard area is illustrated in Figure 1.[2]

[2] Editor's Note: Figure 1, Bucks Airfield Graphic Depiction of the General Construction of the Runway Subzone of an Airfield Hazard Area, is included at the end of this chapter.

(3) Delineation of the runway end subzones.

(a) The runway end subzones at an airport hazard area shall consist of trapezoids located at either end of the runway subzone along the flight approach and departure path.

(b) Each runway end subzone shall extend 3,000 feet from the end of the runway subzone, as measured along the extended center line of the runway.

(c) The base of the runway end subzone shall be defined by the end of the runway subzone and shall have a width of 2,350 feet. The width of the runway end subzone shall narrow as the distance from the end of the runway subzone increases. Its final width shall be 850 feet.

(d) The methodology used to delineate the runway end subzone of an airport hazard area is illustrated in Figure 2.[3]

[3] Editor's Note: Figure 2, Bucks Airfield Graphic Depiction of the General Construction of the Runway End Subzone(s) of an Airfield Hazard Area, is included at the end of this chapter.

(4) Delineation of the clear zones.

[Added 8-2-1990 by Ord. No. 360]

(a) The clear zones of an airport hazard area shall consist of trapezoids located within the runway end subzone along the flight approach and departure path.

(b) Each clear zone shall extend 1,000 feet from the end of the runway subzone, as measured along the extended center line of the runway.

(c) The base of the clear zone shall be co-located with the end of the runway subzone and shall have a width of 250 feet. The width of the clear zone shall increase as the distance from the end of the runway safety zone increases. Its final width shall be 450 feet.

(d) The methodology used to delineate the clear zone of an airport hazard area is illustrated in Figure 7.[4]

[4] Editor's Note: Figure 7 is included at the end of this chapter.

(5) There is hereby created Bucks Airfield hazard areas as delineated and shown on the map entitled "Bucks Airfield Hazard Areas" which is a part of this chapter.[5]

[5] Editor's Note: Said map is included in the attachments at the end of this chapter.

D. Obstruction standards.

(1) Minimum obstruction standards. Notwithstanding the provisions of this chapter, the primary regulation of airfield development, airfield property use, internal dimensional criteria and vertical development on airports is accomplished within N.J.A.C. 16:54.

(2) Methodology used to define vertical development allowed within an airport hazard area.

(a) Minimum obstruction standards as set forth herein establish the vertical limits up to which structures or trees may be allowed to be developed or grown within an airport hazard area.

(b) Minimum obstruction standards as set forth herein or established hereunder are vertical standards measured in respect to elevations whose datum is the horizontal plane established by runway elevations. For example, if a point in an airport hazard area permits at a specific point development up to "X" feet, that means "X" feet above the runway horizontal plane and not "X" feet above the natural grade. This provision is further graphically depicted in Figure 4.[6]

[6] Editor's Note: Figure 4, Height Standards of Airfield Hazard Areas, is included at the end of this chapter.

(c) The vertical standards within the runway subzone of an airport hazard area are determined first by establishing the elevations at the runway center lines at the ends of the runway subzone of the airport hazard area. From those elevations at the runway subzone ends, a line is run 90° outward from each side of the runway center line for a distance of 125 feet. Within the area defined by these four points, no development is allowed above the natural grade of the soil except for runway and flight safety equipment.

[1] The vertical standards within the remainder of the runway subzone of an airport hazard area are determined by establishing planes from the edges of the longitudinal zero-foot development restriction line established in N.J.A.C. 16:62-3.2(b)1.ii which slope upward and outward at a rate of seven feet horizontally to one foot vertically. This upward plane ceases when it reaches the outer longitudinal borders of the runway subzone of any airport hazard area at the elevation of 150 feet above its starting point at the longitudinal zero-foot development line.

[2] The methodology used to establish the vertical standards within the runway subzone of an airport hazard area is further graphically depicted in Figure 5.[7]

[7] Editor's Note: Figure 5, Vertical and Horizontal Planes of Runway Subzone of the Bucks Airfield Hazard Area, is included at the end of this chapter.

(d) The vertical standards within the runway end subzone of an airport hazard area are determined by first establishing a plane with a rising slope of one foot upward to 20 feet outward from the end of the runway subzone to the outermost end of the runway end subzone. This plane is bisected by the extended runway center line and is 250 feet in total width at its innermost dimension and widens uniformly along its three-thousand-foot length so as to have a total width of 850 feet at its outermost dimension where it intersects with the outermost portion of the runway end subzone at the elevation of 150 feet above its starting point at the zero-foot development line.

[1] The vertical standards within the remainder of the runway end subzone of an airport hazard area are determined by establishing sloping planes from the outermost longitudinal edges of the plane established in Subsection D(2)(d) hereinabove. These planes rise upward at a rate of one foot upward to seven feet outward from the plane established in Subsection D(2)(d) above to where they meet the outermost longitudinal boundaries of the runway end subzone at the elevation of 150 feet.

[2] The methodology used to establish the vertical standards with the runway end subzone of an airport hazard area is further graphically depicted in Figure 6.[8]

[8] Editor's Note: Figure 6, Vertical and Horizontal Planes of Runway End Subzone of the Bucks Airfield Hazard Area, is included at the end of this chapter.

E. Minimum land use standards. Within the hazard areas as delineated on the map entitled "Bucks Airfield Hazard Areas," dated December 15, 1989, which is attached hereto and made a part hereof this chapter, the following land use standards shall apply:

[Amended 3-2-1989 by Ord. No. 328; 4-27-1989 by Ord. No. 330; 8-2-1990 by Ord. No. 360]

(1) Permitted land uses.

(a) Single-family dwelling units which are situated on a lot at least three acres in size and not located in a clear zone shall be permitted. Residential zoning is permitted in the clear zone as long as all dwellings are physically located outside of the clear zone.

(b) Airparks where the minimum lot size shall be at least three acres and which are not located in a clear zone.

(c) Open spaces.

(d) Agriculture.

(e) Transportation.

(f) Airport.

(g) Commercial uses as set forth in the Schedule of District Regulations[9] for any business/commercial zoning district within which the hazard area is located, provided that such commercial use is not located in a clear zone.

[9] Editor's Note: The Schedule of District Regulations is included at the end of this chapter.

(2) Specifically prohibited land uses.

(a) Residential (dwelling units not situated on a lot of at least three acres in size).

(b) Planned unit development and multifamily dwellings.

(c) Hospitals.

(d) Schools.

(e) Aboveground bulk tank storage of compressed flammable or compressed toxic gases and liquids.

(f) Within the runway end subzones only, the aboveground bulk tank storage of flammable or toxic gases or liquids.

(g) Uses that may attract massing birds, including landfills.

(h) Above-grade major utility transmission lines and/or mains.

(3) Prohibited land uses are specifically prohibited without the written approval of the Commissioner of the New Jersey Department of Transportation. Prohibited uses may be allowed by said Commissioner on airfield property when they are determined necessary by the Director of the New Jersey Division of Aeronautics for air commerce purposes or for the operation of the airfield and its vendors directly serving air commerce needs.

F. Permit for creation or expansion of a prohibited land use or vertical height development within an airport hazard area.

(1) General provisions.

(a) The Commissioner of the New Jersey Department of Transportation may issue a permit for creation or establishment of a nonconforming use or vertical height development within an airport hazard area upon determination that:

[1] An application in conformance with the provisions of this section has been properly submitted;

[2] A conditional development approval has been granted by the appropriate Township agency, if required;

[3] The creation of the prohibited land use or vertical height development will not in fact create an additional airfield hazard limiting the size of the area available for landing, taking off and maneuvering of aircraft; and

[4] The creation or establishment of the prohibited land use or vertical height development will not harm the public health, safety and welfare.

(b) No person may commence the construction or development of any structure, land use or condition which is contrary to the standards of this chapter without a valid permit issued by the Commissioner.

(c) In considering an application for a permit, the Director may confer with and seek additional information from the applicant or other interested party, agency or governmental organization.

(d) In the review of the application, the Department of Transportation may take into consideration any factor relevant to the hardship demonstrated by the applicant and any information relevant to the public health, safety and welfare.

(2) Township approval.

(a) A developer of a project requiring creation or establishment of a prohibited land use or vertical height development shall first apply for developmental approval from the appropriate Township agency. If the Township agency approves of the development, that approval shall be conditioned on the developer applying for and receiving a permit from the Commissioner of the New Jersey Department of Transportation in accordance with the provisions of this section. Construction, development or creation of any prohibited land use shall not commence until and unless a permit has been issued by said Commissioner.

(b) An application for a permit will only be considered by the New Jersey Department of Transportation if accompanied by a letter from the Township requesting the permit.

(3) Permit application requirements.

(a) To be considered complete, an application for a permit for creation of a prohibited land use or vertical height development within an airfield hazard area must include the following:

[1] Copies of the completed airport hazard permit application form.

[2] A letter requesting issuance of a permit by the Department from a municipal agency having jurisdiction over the development, together with a copy of the conditional approval for development granted by the municipal agency, if required.

[3] A detailed statement of the hardship condition necessitating the application for variance or relief and a showing that the public health, safety and welfare will not be harmed by the creation of the prohibited land use or vertical height development.

[4] Certification that the applicable airfield owner(s) or authority were notified of the permit application by registered mail.

[5] Submission of a nonrefundable permit application fee of $75.

[6] Submission of site plans, specifications and construction drawings detailing the substance of the proposed development for which a permit is sought. Site plans shall bear the raised seal of a New Jersey licensed professional engineer, professional planner, land surveyor or architect and shall show the location of property lines, the location of runways, the boundaries of the airfield hazard area and elevations of proposed development showing where and by what amount the development exceeds the minimum standards for vertical development adopted under this chapter.

[7] Any other material deemed necessary to the permit application by the Director.

(b) Applications for permits issued under the provisions of this section and correspondence to the Department relating to the provisions of this section should be forwarded to the following address: New Jersey Department of Transportation, Division of Aeronautics, Air Safety and Hazardous Zoning Permits, 1035 Parkway Avenue, CN 600, Trenton, New Jersey 08625.

(4) Permit review procedure.

(a) For routine applications, review of an application shall be completed by the Division within 90 days of the date on which an application is accepted as complete.

(b) Nonroutine cases, requiring the review or approval of a federal agency or another state agency prior to issuance of a permit, shall be conducted in as timely fashion as possible. The Director shall notify the applicant of a delay in the review process necessitated by another agency's involvement. The notification shall be provided prior to 80 days following the date of acceptance of a complete application and shall include an estimate of the date by which a completion of the review process can be anticipated.

(c) For routine cases not requiring review by other agencies, the Division may, at its discretion, extend the ninety-day review period by 30 days if determined necessary to complete the review process. The applicant and the affected municipality shall be notified of this extension by the Department at least 15 days prior to the expiration of the ninety-day period.

(d) Following review of an application by the Division, the Director shall determine whether to recommend to the Commissioner that the permit be granted or denied.

(e) If the Director recommends denial, the applicant and municipal agency will be notified within five working days of the date of decision. An applicant who has been so notified by the Director may request an appeal before the Office of Administrative Law pursuant to N.J.S.A. 52:14B-1 et seq. and N.J.A.C. 1:1. The applicant shall notify the Division by certified mail within 14 calendar days of notification of denial that an appeal will be forwarded to the Office of Administrative Law.

(f) Pursuant to N.J.S.A. 52:14B-1 et seq. and N.J.A.C. 1:1, a final determination to either deny or grant the permit application will be made by the Commissioner subsequent to the filing of an initial decision by the administrative law judge who conducted the hearing.

G. Permit application decisions. The Commissioner of the New Jersey Department of Transportation may take one of the following actions:

(1) Approve the application as submitted. The applicant will receive a permit which shall be effective during the same period as the development approval granted by the municipal agency. The Department will mail a copy of the permit to the applicant and municipal agency within five working days of the date of approval.

(2) Deny the application. The Department will mail a copy of the permit denial to the applicant and municipal agency within five working days of the date of the decision.

(3) Phased or partial approval. Where conditions warrant, the Commissioner may provide for a phased approval of an application. The Commissioner may also approve part of an application and deny the remainder. The nature of approval granted, and of the denials, shall be transmitted to the applicant and the municipal agency within five working days.

§ 405-21 (Reserved) [1]

[1] Editor's Note: Former § 405-21, Conversion of dwellings, as amended 9-1-1988 by Ord. No. 316, was repealed 3-18-2021 by Ord. No. 823.

§ 405-22 Dumping.

No garbage, rubbish, refuse, tree limbs, roots or stumps or any other waste material, except clean soil, sand and/or gravel, or rock deposited for the purpose of regrading or landscaping the land on which deposited, shall be dumped, pumped or deposited in any zone district within 500 feet of any municipal, county or state roadway or any lake, stream, river or property line except after issuance of a zoning permit for such, subject to the following standards and regulations:

A. The disposition of materials shall:

(1) Not be objectionable by reason of dust, fumes, smoke or odor or be otherwise detrimental to the public health and safety.

(2) Not be found to cause an adverse effect.

(3) Be in accordance with the health standards and regulations of the Cumberland County Board of Health and any appropriate agencies of the New Jersey Department of Health and Senior Services and the Department of Environmental Protection.

(4) Be undertaken during normal working hours and not require the building, construction or establishment of a road or driveway to the dumping area.

(5) Not require the destruction or removal of existing trees of twenty-four-inch caliper or larger.

(6) Conform to the performance standards contained in § 405-62A(16).

B. The site where the disposition of materials is made shall be rehabilitated to its natural state through regrading and landscaping.

C. An application for a zoning permit to dump or deposit materials in the Township shall be made to the Zoning Officer in accordance with the procedures and subject to the requirements of a major site plan application as provided in § 405-69.

D. Prohibited areas.

[Added 8-1-1991 by Ord. No. 379]

(1) No dumping of materials, including the land application of sludge, shall be permitted on lands:

(a) Identified as Class I or II agricultural soils as determined by the Cumberland Soil Conservation Service; or

(b) Designated part of an easement purchase program project area as delineated by the Cumberland County Agricultural Development Board.

(2) The movement or disposing of clean gravel, earth or sand shall not be considered "dumping" for purposes of this section.

§ 405-23 Essential services.

[Added 5-3-1990 by Ord. No. 351]

A. The Planning Board may permit subdivisions of land for the installation of essential services. Any lot(s) created for an essential service shall be sized to meet the specified need involved, and the Board shall be assured that there is adequate area for provision of the essential service facility, on-site maneuverability and buffering from adjoining properties, if deemed necessary.

B. Site plan review shall only be required in connection with an essential service facility which proposes the installation of a structure which will be above ground or which would require fencing around the facility or an entranceway to an underground structure. Site plan review will not be required in connection with the installation of underground lines within road rights-of-way or within specific easements established for said purpose.

§ 405-24 Fences, walls and hedges.

[Amended 9-1-1988 by Ord. No. 316; 10-3-2024 by Ord. No. 867]

A. Purpose and applicability.

(1) The purpose of this section is to provide standards for regulating fences and hedgerows.

(2) These regulations shall not be applied so as to restrict the erection of a wall for the purpose of retaining earth subject to the appropriate approvals set forth in the Uniform Construction Code.

(3) These regulations shall not be applied to a "farm" as defined in this chapter.

(4) The construction of a new fence, or reconstruction/repair involving 50% or greater of an existing fence, shall comply with the standards of this chapter.

B. General provisions applicable to all zoning districts.

(1) No fence shall be constructed unless a fence construction permit, if required, is issued by the Construction Code Official predicated upon the Zoning Officer's review and approval of a zoning permit demonstrating compliance with the provisions of this chapter. If no construction permit is required under the Uniform Construction Code, then a fence permit issued by the Zoning Officer shall be required.

(2) All fences shall be erected within the owner's property lines subject to the setbacks set forth herein.

(3) All fences shall be constructed in accordance with all applicable sections of the Uniform Construction Code. In the event of any conflict between the provisions of this chapter and the Uniform Construction Code, the more restrictive provision shall apply.

(4) No fence shall encroach onto a public right-of-way or easement, interfere with any utility line, or obstruct any legally required ingress or egress point.

(5) No fence shall create a potential public hazard.

(6) All fences shall be owner-maintained in safe, sound and upright condition on secure foundations.

(7) Reconstruction, relocation or alteration of existing fences shall conform to the standards of this chapter.

(8) All fences shall comply with § 405-62A(39) of the Upper Deerfield Township Land Use Ordinance.

(9) All fences and walls shall be constructed so the finished side faces outward toward adjacent properties and the public right-of-way.

(10) Fences located in the front yard running parallel to any road or street shall be setback a minimum of 10 feet from the right-of-way, or four feet from the interior edge of sidewalk, whichever distance is greater.

(11) The following fences and fencing materials are specifically prohibited: razor-wire, canvas, cloth and barbed wire; except that commercial and industrial uses may use fences topped by barbed wire.

(12) All fences shall be constructed in a manner which shall not be dangerous to persons or animals.

(13) All fences shall be permanent construction and shall withstand a wind load of 15 pounds per square foot.

(14) A fence may be located in any required yard, provided the fence is aligned parallel to the adjacent property line.

(15) Hedgerows shall be planted at a distance from the adjoining property equal to 1/2 the full-growth diameter of the plant species or material used in said hedges plus two additional feet so as to prevent overhang or growth onto adjoining properties. All hedges shall be kept neatly trimmed so as to prevent overhang or intrusion onto adjoining properties, sidewalks or public rights-of-way. Hedgerows in front yards parallel to any public right-of-way shall be planted so that the full-growth diameter does not encroach into the setbacks set forth in § 405-24B(10).

(16) Hedgerow plantings shall not include bamboo nor any of the plants listed in "Appendix to Policy Directive 2004-02 Invasive Nonindigenous Plant Species" found on The Native Plant Society of New Jersey website and here: https://npsnj.org/wp-content/uploads/2023/01/invasive plant list.pdf and subject to the provisions of Ordinance 865.

C. Maximum fence height in residential zones.

(1) Front yard: 2.5 feet; an open fence may be four feet in height.

(2) Rear yard and side yards: six feet.

(3) Tennis courts: 10 feet, open-wire type.

(4) Swimming pools: (Refer to § 405-32 of the Township Code).

D. Maximum fence height in business and industrial zones: eight feet.

E. Hedgerow height restrictions. When located in front yards: four feet in residential zones and eight feet in any business or industrial zone. When located in rear yards: no height limitation.

F. Maximum open fence height on public property: 10 feet.

G. Enforcement.

(1) If the Zoning Officer, upon report and inspection, finds that any fence or portion thereof is not maintained as specified herein, the Officer shall notify the owner in writing, state his findings and the reasons for said findings, and he shall order such fence or portion repaired or removed within 30 days of the notice.

(2) If after notice the fence is not repaired or removed within the time given, the owner shall be subject to the provisions of § 405-113 of the Township Code regarding violations and penalties.

H. Zoning permit. No person shall hereafter erect, locate or alter any fence or hedgerow as regulated by this section without first obtaining a zoning permit therefor from the Zoning Officer as required by § 405-109 of the Township Code.

§ 405-25 Flood hazard requirements.

[Amended 10-28-1982 by Ord. No. 244; 5-7-1987 by Ord. No. 291; 5-19-2016 by Ord. No. 743]

A. Statutory authorization, findings of fact, purpose and objectives.

(1) Statutory authorization. The Legislature of the State of New Jersey has, in N.J.S.A. 40:48-1, et seq., delegated the responsibility to local governmental units to adopt regulations designed to promote public health, safety, and general welfare of its citizenry. Therefore, the Township Committee of the Township of Upper Deerfield, of Cumberland County, New Jersey does ordain as follows.

(2) Findings of fact.

(a) The flood hazard areas of the Township of Upper Deerfield are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.

(b) These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazard which increase flood heights and velocities and, when inadequately anchored, cause damage in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss.

(3) Statement of purpose. It is the purpose of this section to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

(a) Protect human life and health;

(b) Minimize expenditure of public money for costly flood control projects;

(c) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

(d) Minimize prolonged business interruptions;

(e) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets, bridges located in areas of special flood hazard;

(f) Help maintain a stable tax base by providing for the second use and development of areas of special flood hazard so as to minimize future flood blight areas;

(g) Ensure that potential buyers are notified that property is in an area of special flood hazard; and

(h) Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

(4) Methods of reducing flood losses. In order to accomplish its purposes, this section includes methods and provisions for:

(a) Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;

(b) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

(c) Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters;

(d) Controlling filling, grading, dredging, and other development which may increase flood damage; and

(e) Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas.

B. Definitions. Unless specifically defined below, words or phrases used in this section shall be interpreted so as to give them the meaning they have in common usage and to give this section its most reasonable application.

AH ZONE

Areas subject to inundation by one-percent-annual-chance shallow flooding (usually areas of ponding) where average depths are between one foot and three feet. Base flood elevations (BFEs) derived from detailed hydraulic analyses are shown in this zone.

AO ZONE

Areas subject to inundation by one-percent-annual-chance shallow flooding (usually sheet flow on sloping terrain) where average depths are between one foot and three feet.

APPEAL

A request for a review of the Township program administrator's interpretation of any provision of this section or a request for a variance.

AREA OF SHALLOW FLOODING

A designated AO or AH Zone on a community's Digital Flood Insurance Rate Map (DFIRM) with a one-percent annual or greater chance of flooding to an average depth of one foot to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

AREA OF SPECIAL FLOOD HAZARD

Land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year. It is shown on the FIRM as Zone V, VE, V1-30, A, AO, A1-A30, AE, A99, or AH.

BASE FLOOD

A flood having a one-percent chance of being equaled or exceeded in any given year.

BASE FLOOD ELEVATION (BFE)

The flood elevation shown on a published Flood Insurance Study (FIS), including the Flood Insurance Rate Map (FIRM). For Zones AE, AH, AO, and A1-30, the elevation represents the water surface elevation resulting from a flood that has a one-percent or greater chance of being equaled or exceeded in any given year. For Zones VE and V1-30, the elevation represents the stillwater elevation (SWEL) plus wave effect (BFE = SWEL + wave effect) resulting from a flood that has a one-percent or greater chance of being equaled or exceeded in any given year.

BASEMENT

Any area of the building having its floor subgrade (below ground level) on all sides.

BREAKAWAY WALL

A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or supporting foundation system.

COASTAL A ZONE

The portion of the special flood hazard area (SFHA) starting from a Velocity (V) Zone and extending up to the landward limit of the moderate wave action delineation. Where no V Zone is mapped, the Coastal A Zone is the portion between the open coast and the landward limit of the moderate wave action delineation. Coastal A Zones may be subject to wave effects, velocity flows, erosion, scour, or a combination of these forces. Construction and development in Coastal A Zones is to be regulated the same as V Zones/coastal high-hazard areas.

COASTAL HIGH-HAZARD AREA

An area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high-velocity wave action from storms or seismic sources.

DEVELOPMENT

Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials located within the area of special flood hazard.

DIGITAL FLOOD INSURANCE RATE MAP (DFIRM)

The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk-premium zones applicable to the community.

ELEVATED BUILDING

A nonbasement building built, in the case of a building in an area of special flood hazard, to have the top of the elevated floor or, in the case of a building in a Coastal A Zone, to have the bottom of the lowest horizontal structural member of the elevated floor elevated above the base flood elevation plus freeboard by means of piling, columns (posts and piers), or shear walls parallel to the flow of the water, and adequately anchored so as not to impair the structural integrity of the building during a flood up to the magnitude of the base flood. In an area of special flood hazard, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters. In areas of Coastal A Zones, "elevated buildings" also includes a building otherwise meeting the definition of "elevated building" even though the lower area is enclosed by means of breakaway walls.

EROSION

The process of the gradual wearing away of land masses.

EXISTING MANUFACTURED HOME PARK OR SUBDIVISION

A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.

FLOOD INSURANCE RATE MAP (FIRM)

The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk-premium zones applicable to the community.

FLOOD INSURANCE STUDY (FIS)

The official report in which the Federal Insurance Administration has provided flood profiles, as well as the Flood Insurance Rate Map(s) and the water surface elevation of the base flood.

FLOOD or FLOODING

A general and temporary condition of partial or complete inundation of normally dry land areas from:

(1) The overflow of inland or tidal waters; and/or

(2) The unusual and rapid accumulation or runoff of surface waters from any source.

FLOODPLAIN MANAGEMENT REGULATIONS

Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

FLOODPROOFING

Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

FLOODWAY

The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without accumulatively increasing the water surface elevation more than 0.2 foot.

FREEBOARD

A factor of safety usually expressed in feet above a flood level for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed.

HIGHEST ADJACENT GRADE

The highest natural elevation of the ground surface prior to construction next to the proposed or existing walls of a structure.

HISTORIC STRUCTURE

Any structure that is:

(1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

(3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

(4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

(a) By an approved state program as determined by the Secretary of the Interior; or

(b) Directly by the Secretary of the Interior in states without approved programs.

LIMIT OF MODERATE WAVE ACTION (LiMWA)

Inland limit of the area affected by waves greater than 1.5 feet during the base flood. Base flood conditions between the V Zone and the LiMWA will be similar to, but less severe than, those in the V Zone.

LOWEST FLOOR

The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, useable solely for the parking of vehicles, building access or storage in an area other than a basement, is not considered a building's lowest floor, provided that such enclosure is not built so to render the structure in violation of other applicable nonelevation design requirements of 44 CFR 60.3.

MANUFACTURED HOME

A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a recreational vehicle.

MANUFACTURED HOME PARK or MANUFACTURED HOME SUBDIVISION

A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

NEW CONSTRUCTION

Structures for which the start of construction commenced on or after the effective date of a floodplain regulation adopted by a community and includes any subsequent improvements to such structures.

NEW MANUFACTURED HOME PARK OR SUBDIVISION

A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the floodplain management regulations adopted by the municipality.

RECREATIONAL VEHICLE

A vehicle which is:

(1) Built on a single chassis;

(2) Four hundred square feet or less when measured at the longest horizontal projections;

(3) Designed to be self-propelled or permanently towable by a light-duty truck; and

(4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

SAND DUNES

Naturally occurring or man-made accumulations of sand in ridges or mounds landward of the beach.

START OF CONSTRUCTION

(1) For other than new construction or substantial improvements under the Coastal Barrier Resources Act (P.L. No. 97-348), includes substantial improvements and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site such as the pouring of a slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation.

(2) Permanent construction does not include land preparation, such as clearing, grading and filling, nor does it include the installation of streets and/or walkways, nor does it include excavation for a basement, footings or piers, or foundations or the erection of temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

STRUCTURE

A walled and roofed building, a manufactured home, or a gas or liquid storage tank that is principally above ground.

SUBSTANTIAL DAMAGE

Damage of any origin sustained by a structure whereby the cost of restoring the structure to its condition before damage would equal or exceed 50% of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT

Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:

(1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement officer and which are the minimum necessary to assure safe living conditions; or

(2) Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.

VARIANCE

A grant of relief from the requirements of this section that permits construction in a manner that would otherwise be prohibited by this section.

VIOLATION

The failure of a structure or other development to be fully compliant with this section. A new or substantially improved structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in 44 CFR § 60.3(b)(5), (c)(4), (c)(10), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided.

C. General provisions.

(1) Lands to which this section applies. This section shall apply to all areas of special flood hazards within the jurisdiction of the Township of Upper Deerfield, Cumberland County, New Jersey.

(2) Basis for establishing the areas of special flood hazard.

(a) The areas of special flood hazard for the Township of Upper Deerfield, Community No. 340175, are identified and defined on the following documents prepared by the Federal Emergency Management Agency:

[1] A scientific and engineering report "Flood Insurance Study, Cumberland County, New Jersey (All Jurisdictions)," dated June 16, 2016.

[2] "Flood Insurance Rate Map for Cumberland County, New Jersey (All Jurisdictions)" as shown on Index and panel(s) 34011C0020E, 34011C0040E, 34011C0045E, 34011C0135E, 34011C0153E, 34011C0154E, 34011C0155E, 34011C0160E, 34011C0162E and 34011C0170E, the effective date of which is June 16, 2016.

(b) The above documents are hereby adopted and declared to be a part of this section. The Flood Insurance Study, maps and advisory documents are on file at 1325 Highway 77, Seabrook, New Jersey.

(3) Penalties for noncompliance. No structure or land shall hereafter be constructed, relocated to, extended, converted, or altered without full compliance with the terms of this section and other applicable regulations. Violation of the provisions of this section by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this section or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $500 or imprisoned for not more than 90 days, or both, for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the Township of Upper Deerfield from taking such other lawful action as is necessary to prevent or remedy any violation.

(4) Abrogation and greater restrictions. This section is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this section and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(5) Interpretation. In the interpretation and application of this section, all provisions shall be:

(a) Considered as minimum requirements;

(b) Liberally construed in favor of the governing body; and

(c) Deemed neither to limit nor repeal any other powers granted under state statutes.

(6) Warning and disclaimer of liability.

(a) The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This section does not imply that land outside the area of special flood hazards or uses permitted within such areas will be free from flooding or flood damages.

(b) This section shall not create liability on the part of the Township of Upper Deerfield, any officer or employee thereof or the Federal Insurance Administration for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder.

D. Administration.

(1) Establishment of development permit. A development permit shall be obtained before construction or development begins, including placement of manufactured homes, within any area of special flood hazard established in Subsection C(2). Application for a development permit shall be made on forms furnished by the Township's program administrator and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:

(a) Elevation, in relation to mean sea level, of the lowest floor (including basement) of all structures;

(b) Elevation in relation to mean sea level to which any structure has been floodproofed;

(c) Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in Subsection E(2)(b); and

(d) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

(2) Designation of the local administrator. The Township's program administrator is hereby appointed to administer and implement this section by granting or denying development permit applications in accordance with its provisions.

(3) Duties and responsibilities of the administrator. Duties of the Township's program administrator shall include, but not be limited to:

(a) Permit review:

[1] Review all development permits to determine that the permit requirements of this section have been satisfied.

[2] Review all development permits to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required.

[3] Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of Subsection E(3)(a) are met.

[4] Review all development permits in the Coastal A Zone area of the area of special flood hazard to determine if the proposed development alters the terrain or sand dunes so as to increase potential flood damage.

[5] Review plans for walls to be used to enclose space below the base flood level in accordance with Subsection E(4)(b)[4].

(b) Use of other base flood and floodway data. When base flood elevation and floodway data has not been provided in accordance with Subsection C(2), Basis for establishing the areas of special flood hazard, the Township's program administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer Subsections E(2)(a), Specific standards, residential construction, and E(2)(b), Specific standards, nonresidential construction.

(c) Information to be obtained and maintained. The program administrator shall:

[1] Obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement.

[2] For all new or substantially improved floodproofed structures:

[a] Verify and record the actual elevation (in relation to mean sea level); and

[b] Maintain the floodproofing certifications required in Subsection D(1)(c).

[3] In Coastal A Zone areas, certification shall be obtained from a registered professional engineer or architect that the provisions of Subsection E(4)(b)[1] and [2][a] and [b] are met.

[4] Maintain for public inspection all records pertaining to the provisions of this section.

(d) Alteration of watercourses. The program administrator shall:

[1] Notify adjacent communities and the New Jersey Department of Environmental Protection, Dam Safety and Flood Control Section and the Land Use Regulation Program prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration.

[2] Require that maintenance is provided within the altered or relocated portion of said watercourse so the flood-carrying capacity is not diminished.

(e) Substantial damage review. The program administrator shall:

[1] After an event resulting in building damages, assess the damage to structures due to flood and non-flood causes.

[2] Record and maintain the flood and non-flood damage of substantial damage structures and provide a letter of substantial damage determination to the owner and the New Jersey Department of Environmental Protection, Dam Safety and Flood Control Section.

[3] Ensure substantial improvements meet the requirements of Subsections E(2)(a), Specific standards, residential construction, and E(2)(b), Specific standards, nonresidential construction.

(f) Interpretation of FIRM boundaries. The program administrator shall make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Subsection D(4).

(4) Variance procedure.

(a) Appeal board.

[1] The Planning Board as established by the Township Committee shall hear and decide appeals and requests for variances from the requirements of this section.

[2] The Planning Board shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Township's program administrator in the enforcement or administration of this section.

[3] Those aggrieved by the decision of the Planning Board, or any taxpayer, may appeal such decision to the Superior Court, as provided in statute.

[4] In passing upon such applications, the Planning Board shall consider all technical evaluations, all relevant factors, standards specified in other sections of this section, and:

[a] The danger that materials may be swept onto other lands to the injury of others;

[b] The danger to life and property due to flooding or erosion damage;

[c] The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

[d] The importance of the services provided by the proposed facility to the community;

[e] The necessity to the facility of a waterfront location, where applicable;

[f] The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

[g] The compatibility of the proposed use with existing and anticipated development;

[h] The relationship of the proposed use to the comprehensive plan and floodplain management program of that area;

[i] The safety of access to the property in times of flood for ordinary and emergency vehicles;

[j] The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and

[k] The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.

[5] Upon consideration of the factors of Subsection D(4)(a)[4] and the purposes of this section, the Planning Board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this section.

[6] The Township's program administrator shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Insurance Administration upon request.

(b) Conditions for variances.

[1] Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items [a] through [k] in Subsection D(4)(a)[4] have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.

[2] Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

[3] Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

[4] Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

[5] Variances shall only be issued upon:

[a] A showing of good and sufficient cause;

[b] A determination that failure to grant the variance would result in exceptional hardship to the applicant; and

[c] A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in Subsection D(4)(a)[4], or conflict with existing local laws or ordinances.

[6] Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

E. Provisions for flood hazard reduction.

(1) General standards. In all areas of special flood hazards, compliance with the applicable requirements of the Uniform Construction Code (N.J.A.C. 5:23) and the following standards, whichever is more restrictive, is required:

(a) Anchoring.

[1] All new construction to be placed or substantially improved and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure.

[2] All manufactured homes to be placed or substantially improved shall be anchored to resist flotation, collapse or lateral movement. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.

(b) Construction materials and methods.

[1] All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

[2] All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

(c) Utilities.

[1] All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system;

[2] New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters;

[3] On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding; and

[4] For all new construction and substantial improvements, the electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

(d) Subdivision proposals.

[1] All subdivision proposals and other proposed new development shall be consistent with the need to minimize flood damage;

[2] All subdivision proposals and other proposed new development shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage;

[3] All subdivision proposals and other proposed new development shall have adequate drainage provided to reduce exposure to flood damage; and

[4] Base flood elevation data shall be provided for subdivision proposals and other proposed new development which contain at least 50 lots or five acres (whichever is less).

(e) Enclosure openings. All new construction and substantial improvements having fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: A minimum of two openings in at least two exterior walls of each enclosed area, having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding, shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, or other covering or devices, provided that they permit the automatic entry and exit of floodwaters.

(2) Specific standards. In all areas of special flood hazards where base flood elevation data have been provided as set forth in Subsection C(2), Basis for establishing the areas of special flood hazard, or in Subsection D(3)(b), Use of other base flood data, the following standards are required:

(a) Residential construction.

[1] For Coastal A Zone construction see section 5.4 Coastal A Zone.

[2] New construction and substantial improvement of any residential structure located in an A or AE zone shall have the lowest floor, including basement together with the attendant utilities and sanitary facilities, elevated at or above the base flood elevation plus one foot or as required by ASCE/SEI 24-14, Table 2-1, whichever is more restrictive;

[3] Require within any AO or AH zone on the municipality's FIRM that all new construction and substantial improvement of any residential structure shall have the lowest floor, including basement together with the attendant utilities and sanitary facilities, elevated above the depth number specified in feet plus one foot, above the highest adjacent grade (at least three feet if no depth number is specified). And, require adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.

(b) Nonresidential construction. In an area of special flood hazard, all new construction and substantial improvement of any commercial, industrial or other nonresidential structure located in an A or AE Zone (for Coastal A Zone construction see Subsection E(4), Coastal A Zone) shall have the lowest floor, including basement, together with the attendant utilities and sanitary facilities, either:

[1] Elevated to or above the base flood elevation plus one foot or as required by ASCE/SEI 24-14, Table 2-1, whichever is more restrictive; and

[2] Require within any AO or AH Zone on the municipality's DFIRM to elevate above the depth number specified in feet plus one foot, above the highest adjacent grade (at least three feet if no depth number is specified); and require adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures; or

[3] Be floodproofed so that below the base flood level plus one foot or as required by ASCE/SEI 24-14, Table 6-1, whichever is more restrictive, the structure is watertight with walls substantially impermeable to the passage of water;

[4] Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

[5] Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the applicable provisions of this subsection. Such certification shall be provided to the official as set forth in Subsection D(3)(c)[2][b].

(c) Manufactured homes.

[1] Manufactured homes shall be anchored in accordance with Subsection E(1)(a)[2].

[2] All manufactured homes to be placed or substantially improved within an area of special flood hazard shall:

[a] Be consistent with the need to minimize flood damage;

[b] Be constructed to minimize flood damage;

[c] Have adequate drainage provided to reduce exposure to flood damage; and

[d] Be elevated on a permanent foundation such that the top of the lowest floor is at or above the base flood elevation plus one foot or as required by ASCE/SEI 24-14, Table 2-1, whichever is more restrictive.

(3) Floodways. Located within areas of special flood hazard established in Subsection C(2) are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply:

(a) Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless a technical evaluation demonstrates that encroachment shall not result in any increase in flood levels during the occurrence of the base flood discharge.

(b) If Subsection E(3)(a) is satisfied, all new construction and substantial improvements must comply with Subsection E, Provisions for flood hazard reduction.

(c) In all areas of special flood hazard in which base flood elevation data has been provided and no floodway has been designated, the accumulative effect of any proposed development, when combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than 0.2 of a foot at any point.

(4) Coastal A Zone. Coastal A Zones are located within the areas of special flood hazard established in Subsection C(2). These areas may be subject to wave effects, velocity flows, erosion, scour, or a combination of these forces; therefore, the following provisions shall apply:

(a) Location of structures.

[1] All buildings or structures shall be located landward of the reach of the mean high tide.

[2] The placement of manufactured homes shall be prohibited, except in an existing manufactured home park or subdivision.

(b) Construction methods.

[1] Elevation. All new construction and substantial improvements shall be elevated on piling or columns:

[a] So that the bottom of the lowest horizontal structural member of the lowest floor (excluding the piling or columns) is elevated to or above the base flood elevation plus one foot, or as required by ASCE/SEI 24-14, Table 4-1, whichever is more restrictive; and

[b] With all space below the lowest floor's supporting member open so as not to impede the flow of water, except for breakaway walls as provided or in Subsection E(4)(b)[4].

[2] Structural support.

[a] All new construction and substantial improvements shall be securely anchored on piling or columns.

[b] The pile or column foundation and structure attached thereto shall be anchored to resist flotation, collapse or lateral movement due to the effects of wind and water loading values, each of which shall have a one-percent chance of being equaled or exceeded in any given year (one-hundred-year mean recurrence interval).

[c] Prohibit the use of fill for structural support of buildings within Coastal A Zones on the community's FIRM.

[3] Certification. A registered professional engineer or architect shall develop or review the structural design specifications and plans for the construction and shall certify that the design and methods of construction to be used are in accordance with accepted standards of practice for compliance with the provisions of Subsection E(4)(b)[1] and [2][a] and [b].

[4] Space below the lowest floor.

[a] Any alteration, repair, reconstruction or improvement to a structure started after the enactment of this section shall not enclose the space below the lowest floor unless breakaway walls, open wood lattice-work or insect screening are used as provided for in this subsection.

[b] Breakaway walls, open wood lattice-work or insect screening shall be allowed below the base flood elevation, provided that they are intended to collapse under wind and water loads without causing collapse, displacement or other structural damage to the elevated portion of the building or supporting foundation system. Breakaway walls shall be designed for a safe loading resistance of not less than 10 pounds per square foot and no more than 20 pounds per square foot. Use of breakaway walls which exceed a design safe loading of 20 pounds per square foot (either by design or when so required by local or state codes) may be permitted only if a registered professional engineer or architect certifies that the designs proposed meet the following conditions:

[i] Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and

[ii] The elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement or other structural damage due to the effects of wind and water load acting simultaneously on all building components (structural and nonstructural). Water loading values used shall be those associated with the base flood. Wind loading values used shall be those required by applicable state or local building standards.

[c] If breakaway walls are utilized, such enclosed space shall be used solely for parking of vehicles, building access, or storage and not for human habitation.

[d] Prior to construction, plans for any breakaway wall must be submitted to the Construction Code Official or Building Subcode Official for approval.

(c) Sand dunes: prohibit man-made alteration of sand dunes within Coastal A Zones on the community's DFIRM which would increase potential flood damage.

§ 405-26 Home occupations.

[Amended 9-1-1988 by Ord. No. 316]

In residential and B-1 Districts, all dwelling units with direct access to a public street or right-of-way, except apartment units, may be used for the practice of a home occupation, subject to the following:

A. No home occupations shall require interior or exterior alterations of the principal structure.

B. Home occupations shall be limited to one per principal structure and shall be operated by a resident(s) of the dwelling unit in which it is located.

C. No display of products shall be visible from the street, and the sale of merchandise as the principal business shall be prohibited.

D. No more than 20% of the principal residential structure nor more than 300 square feet of an accessory structure shall be used or occupied by the home occupation

E. In the case of duplex, semidetached, townhouse or apartment dwelling units, home occupations shall only be permitted as a conditional use wherein the home occupation shall only be permitted to involve residents of the unit involved, and no nonresident employees shall be permitted.

F. In the case of a home professional occupation, the use shall:

(1) Be carried on entirely within the principal structure.

(2) Not occupy more than 25% of the principal structure.

(3) Permit the employment of no more than one employee not living on said premises.

G. Parking spaces required to be provided in accordance with § 405-27 of this chapter for any home occupation in addition to those required of residential units shall not be located in any required front or side yard areas.

H. Signs for home occupations shall be in accordance with the provisions of § 405-31 of this chapter.

§ 405-27 Minimum off-street parking requirements.

[Amended 6-4-1981 by Ord. No. 234; 9-1-1988 by Ord. No. 316; 1-19-1996 by Ord. No. 449; 5-20-1999 by Ord. No. 489; 7-7-2011 by Ord. No. 675; 2-15-2018 by Ord. No. 769; 10-3-2024 by Ord. No. 866]

A. Each building or site which, after the effective date of this chapter, is erected, enlarged or altered for any of the following uses in any district shall provide and satisfactorily maintain the minimum number of off-street parking spaces set forth herein. Where a particular building or site contains more than one of the following categories of uses, the total parking requirement shall be the sum of the component parts.

(1) Residential parking.

(a) For residential developments, parking shall be provided as set forth in Table 405-27.1 below. If the applicant does not specify the number of bedrooms per unit, Note 3 for each category in Table 405-27.1 shall apply for the parking requirement.

(b) Alternative parking standards to those shown in Table 405-27.1 shall be accepted if the applicant demonstrates these standards better reflect local conditions. Factors affecting minimum number of parking spaces include household characteristics, availability of mass transit, urban versus suburban location, and available off-site parking resources.

(c) Garage and driveway combinations shall be counted as follows:

[1] Each garage car space shall be counted as 1.0 off-street parking space regardless of the dimensions of the driveway.

[2] A one-car garage and driveway combination shall count as 2.0 off-street parking spaces, provided the driveway measures a minimum of 18 feet in length between the face of the garage door and the right-of-way.

[3] A two-car garage and driveway combination shall count as 3.5 off-street parking spaces, provided a minimum parking width of 20 feet is provided for a minimum length of 18 feet as specified for a one-car garage and driveway combination.

[4] When housing is included in mixed-use development, a shared parking approach to the provision of parking shall be permitted.

[5] When, in the judgment of the local approving authority, on-street parking is available, then only that proportion of the parking requirement which is not available on the street shall be provided in off-street parking facilities. A length of 23 feet per on-street parking space shall be used in calculating the number of available on-street parking spaces.

TABLE 405-27.1 Parking Requirements For Residential Land Uses1
Housing Unit Type/Size		Parking Requirement
Single-family detached
	2 bedroom	1.5
	3 bedroom	2.0
	4 bedroom2	2.52
	5 bedroom	3.0
Two-family (duplex)		Single-family-detached values shall apply to each unit
Garden apartment
	1 bedroom	1.8
	2 bedroom	2.03
	3 Bedroom	2.1
Townhouse
	1 bedroom	1.8
	2 bedroom	2.33
	3 bedroom	2.4
High-rise
	1 bedroom	0.8
	2 bedroom	1.33
	3 bedroom	1.9
Mobile home
	1 bedroom	1.8
	2 bedroom	2.03
Retirement community		Values shall be commensurate with the most appropriate housing unit type and size noted above that the retirement community resembles.
Recreational homes (owner-occupied)		Values shall be commensurate with the most appropriate housing unit type and size noted above that the recreational homes (owner-occupied) resemble.
Mid-rise apartment		Garden-apartment values shall apply.
Assisted-living		0.50

NOTES:

¹ When determination of the required number of parking spaces results in a fractional space for the entire development, any fraction of 1/2 or less may be disregarded, while a fraction in excess of 1/2 shall be counted as one parking space.

² Requirements for attached units (apartment/condominium/townhouse) include provisions for guest parking (0.5 spaces per dwelling unit). Guest parking must either be provided for on street or in common parking areas.

³ If the applicant does not specify the number of bedrooms per unit, this parking requirement shall apply.

(2) Day-care center: four parking spaces for each 1,000 square feet of gross floor area.

(3) Day-care center, adult: one parking space for each 10 adult clients, or fraction thereof, or one space for each staff member, whichever results in the greater number of spaces.

(4) Rooming houses, guesthouses or boardinghouses, dormitories, sororities, fraternities and other similar places providing living accommodation: one off-street parking space for each three beds, plus one parking space for the resident owner or manager and each employee.

(5) Place of religious worship: one off-street parking space for each four seats provided for patron use or at least one off-street parking space for each 50 square feet of gross floor area used or intended to be used for service to patrons, guests or members, whichever requires the greater number of off-street parking spaces, plus one additional space for each full-time employee.

(6) Religious, sectarian and nonsectarian, denominational, private school or public school not conducted as a private gainful business, kindergarten and elementary school: one off-street parking space for each faculty member and employee, plus one space per two classrooms and offices.

(7) Junior high school: one off-street parking space for each faculty member and employee, plus one space per two classrooms and offices.

(8) Senior high school: one off-street parking space per faculty member and employee, plus one space per 10 students of projected building capacity.

(9) College and junior college: one off-street parking space per faculty member and employee, plus one space for each 10 classroom seats or one off-street parking space for each 10 auditorium seats, whichever formula will require the larger number of parking spaces.

(10) Library or museum not conducted as a private gainful business: one space per five seats or one space per 250 square feet of gross floor area where no seats are provided.

(11) Recreation facilities: one off-street parking space for each five persons of total permitted capacity. In the case of campgrounds, one space per campsite, plus visitor parking as provided for recreational facilities and one parking space for each employee.

(12) Golf course: four spaces per hole plus one space for every 2.5 seats in a restaurant.

(13) Private club or lodge not operated as a private gainful business: one off-street parking space for every five members of total capacity or at least one off-street area used or intended to be used for service to customers, patrons, clients, guests or members, whichever requires the greater number of off-street parking spaces, plus one additional space for each full-time employee.

(14) Hospital or nursing home: one off-street parking space for each three patient or inmate beds, plus at least one additional off-street parking space for each staff and visiting doctor, plus one additional off-street parking space for each employee, including nurses, on the two major shifts.

(15) Medical, dental or veterinary office: 3.5 off-street parking for each 1,000 square feet or fraction thereof of gross floor area.

(16) Medical lab and research facility: four parking spaces for each 1,000 square feet or fraction thereof of gross floor area.

(17) Banks, business, professional other than medical or governmental offices: three off-street parking spaces for each 1,000 square feet or fraction thereof of gross floor area.

(18) Government offices: one space for each vehicle assigned to the building plus one space for every three seats in any general meeting rooms, auditoriums and courtrooms.

(19) Auto sales, farm equipment and supplies: one space for every 325 square feet of gross floor area plus one space for each employee.

(20) Personal services: four off-street parking spaces for each 1,000 square feet or fraction thereof of gross floor area.

(21) Restaurant: 10 off-street parking spaces for each 1,000 square feet or fraction thereof of gross floor area.

(22) Restaurant, Take-out: nine parking spaces for each 1,000 square feet or fraction thereof of gross floor area.

(23) Repair shop for such goods as appliances, watches, bicycles and locks: 4.5 off-street parking spaces for each 1,000 square feet or fraction thereof of gross floor area.

(24) Mortuary or funeral home: one off-street parking space for each four seating accommodations or at least one off-street parking space for each 50 square feet of gross floor area used or intended to be used in the operation of the establishment, whichever requires the greater number of off-street parking spaces, plus one additional space for each full-time employee.

(25) Motel or hotel: one off-street parking space for each rental room or suite, plus one additional space for each two employees. Where there is a meeting or conference room or rooms, there shall also be provided one off-street parking space for each four persons of the total maximum safe occupancy of the meeting room(s). If other uses are incorporated into or a part of any motel or hotel, additional spaces shall be provided in accordance with this Subsection A.

(26) Public entertainment facilities: one off-street parking space for each four seating accommodations provided or at least one off-street parking space for each 50 square feet of gross floor area used or intended to be used for service to customers, patrons, clients, guests or members, whichever requires the greater number of off-street parking spaces, plus one additional space for every two full-time employees.

(27) Gasoline service station: one off-street parking space for every four, or fraction thereof, fueling stations. Said off-street parking spaces are not to be part of nor interfere with the accessways to the pumps.

(28) Gasoline service station with auto repair service: one parking space for every four fueling stations, or fraction thereof, plus one space for each service bay.

(29) Gasoline service station with convenience store: five parking spaces for each 1,000 square feet or fraction thereof of gross floor area, plus one space for each four fueling stations.

(30) Automotive sales or rental and/or repair: one off-street parking space for each 300 square feet of gross floor area, plus one additional space for each full-time employee.

(31) Car wash, automatic operation: one parking space for every two employees, three stacking spaces, and two drying spaces.

(32) Car wash, self-service: three stacking spaces and two drying spaces for each wash bay.

(33) Industrial uses: one for each employee on the largest shift.

(34) Home occupation: three off-street parking spaces in addition to spaces otherwise required. The Planning Board shall require additional off-street parking spaces when, in its opinion, the proposed use necessitates additional spaces. In determining the number of additional spaces, the Board shall be guided by the provisions of this section.

(35) Retail and service stores, except when otherwise specifically covered herein: 4.5 parking spaces for every 1,000 square feet or fraction thereof of gross floor area.

(36) Stores for the retail sale of furniture or hardware: two parking spaces for every 1,000 square feet or fraction thereof of gross floor area.

(36.1) Retail appliance sales: 1.5 parking spaces for every 1,000 square feet or fraction thereof of gross floor area.

(37) Supermarkets and self-service food stores: 3.5 parking spaces for every 1,000 square feet or fraction thereof of gross floor area.

(38) Shopping centers: three spaces per every 1,000 square feet of gross leasable area, in addition to any area required for vehicle and pedestrian passageways. Additional area may be required for landscaping and buffering. Specific requirements for individual uses listed elsewhere will be waived when such uses are an integral part of a planned shopping center.

(39) Sanatoriums or convalescent homes: one off-street parking space for each six patient beds, plus one additional space for each staff or visiting doctor, plus one additional space for each four employees, including nurses.

(40) Flea markets and outdoor auctions or sales: three off-street parking spaces for each table or booth in a flea market, plus one additional space for any employees of market operation. For auctions and sales: one off-street parking space for every 150 square feet of gross floor or ground area utilized in the sale, plus one additional space for any employees of the auction or sale organization.

(41) Roadside stands: three parking spaces for every 100 square feet of display area.

(42) Commercial communication facility: one parking space for each employee.

(43) Wholesale business: one parking space for each 1,000 square feet or fraction thereof of gross floor area.

(44) Warehouse: 0.25 parking space for each 1,000 square feet or fraction thereof of gross floor area.

(45) Theatre, auditorium, arena: one parking space for each 2.5 seats of design capacity.

(46) Indoor commercial recreation, fitness center: five parking spaces for each 1,000 square feet or fraction thereof of gross floor area

(47) Other uses: to be determined by the Planning Board based upon the requirements contained herein for similar uses and the factors generating parking need, such as number of patrons, floor area, seating capacity or availability of other means of public transportation. When determining the number of parking spaces required to be provided for the proposed combination or mixture of uses, the number of spaces required shall be determined by calculating the number of spaces required as per this section for each use, individual use involved in said combination, or mixture of uses and then adding all such calculations together.

B. General regulations applying to required off-street parking facilities.

(1) Structures and uses in existence at the date of adoption of this chapter shall not be subject to the requirements of this section so long as the kind or extent of use is not changed, provided that any parking facility now serving such structures or uses shall not in the future be reduced below such requirements.

(2) Whenever there is an alteration of a structure or a change or extension of a use which increases the parking requirements according to the standards for this chapter, the total additional parking required for the alteration, change or extension shall be provided in accordance with the requirements of this section.

(3) No parking area shall be used for any use that interferes with its availability for the parking need it is required to serve.

(4) All required parking facilities shall be provided and maintained so long as the use exists which the facilities were designed to serve. Off-street parking facilities shall not be reduced in total extent after their provision except upon the approval of the Planning Board and then only after proof that, by reason of diminution in floor area, seating area, the number of employees or change in other factors controlling the regulation of the number of parking spaces, such reduction is in conformity with the requirements of this section. Reasonable precautions shall be taken by the owner or sponsor of particular uses to assure the availability of required facilities to the employees or other persons the facilities are designed to serve. Such facilities shall be designed and used in such a manner as to at no time constitute a nuisance or a hazard or unreasonable impediment to traffic.

(5) Where the computation of required parking space results in a fractional number, any fraction of the next highest number shall be counted as one.

(6) In computing the required number of parking spaces as set forth in Subsection A above, required handicapped parking spaces may not be used in the computation.

(7) Where a site is proposed to include or have more than one land use or activity, required parking spaces shall be computed based on each use or activity proposed.

(8) Off-site parking facilities shall include compliance with § 218-1 of the Code of the Township of Upper Deerfield with respect to the inclusion, designation and creation of fire lanes with respect to such development in which fire lanes are required.

C. The parking spaces required herein may be located elsewhere than on the same lot as the use they serve when authorized as a conditional use, subject to the following conditions:

(1) That the owner or owners of two or more establishments shall submit with their application for conditional use a site plan showing joint use and location of a common off-street parking area.

(2) That some portion of the common off-street parking area lies within 200 feet of an entrance regularly used by patrons into the building served thereby.

(3) That the Planning Board may, in its discretion, reduce the required aggregate amount of required parking space upon determination that the greater efficiency is effected by joint use of a common parking area, but in no case shall the ratio of total off-street parking area to total sales floor area be reduced to less than 25%.

(4) That said parking area is not to be located across the street, roadway or thoroughfare where a pedestrian crossing, such as an overpass or traffic signal, is not provided for persons utilizing said parking area.

D. A private garage constructed as an accessory use in a residence district shall be subject to the following special provisions in regard to its location:

(1) The garage shall conform to the setback requirements contained in the Schedule of District Regulations for the district within which it is located.[1]

[1] Editor's Note: The Schedule of District Regulations is included as an attachment to this chapter.

E. A commercial parking lot shall be subject to the following provisions:

(1) No commercial parking lot shall hereafter be erected or placed within 100 feet of any residential district.

(2) No commercial parking lot shall have an entrance or exit connected with a public street at a point closer than 200 feet, measured along the same street line in the same block, to any single-family detached, semidetached or attached residence, church, library, charitable institution, school, college, nursing home or hospital and similar uses or any entrance or exit thereto.

F. Parking garages, public or private, may be constructed as part of a structure or as a separate structure. No garage shall be built lower than two levels ("levels" being defined as underground stories) below ground level. Appropriate barriers shall be constructed so as to prevent glare or noise from automobiles making a nuisance for adjoining properties or uses.

G. Within residence districts and as a conditional use, the Planning Board may permit, where deemed in the best interest of the community and conditions warrant, either temporarily or permanently, the use of land for a parking lot where the land abuts or is across the street from a district other than a residence district, provided that at least 50% of the persons to be served by said parking lot live within 200 feet of the land to be used as a parking lot. Such use of land shall be conditionally permitted when:

(1) The lot is to be used only for the parking of passenger automobiles of employees, customers or guests of the person, firm or organization controlling and operating the lot, who shall be responsible for its maintenance.

(2) No charge is to be made for parking in the lot unless such a fee is charged in connection with a condominium ownership of the lot by a group of homeowners, tenants or residents.

(3) The lot is not to be used for sales, repair work or servicing of any kind, including the washing of cars.

(4) Entrances to and exits from the lot are to be located so as to do the least harm to the residence district. Such lots are not to be considered commercial lots as referred to in Subsection E herein.

(5) No advertising sign or material is to be located on the lot.

(6) All parking is to be kept back of the setback building line by a barrier unless otherwise specifically authorized by the Planning Board.

(7) The parking lot and that portion of the driveway back of the building line is to be adequately screened from the street and from adjoining property in a residence district by a hedge not less than five feet wide or appropriate fencing or wall not more than five feet high and also located behind the setback building line. All lighting is to be arranged so that there will be no glare therefrom annoying to the occupants of adjoining properties in a residence district.

(8) Where appropriate and deemed necessary, the Planning Board may impose such other reasonable conditions as will assure the least harm or disruption of the residence district where such a parking lot is proposed.[2]

[2] Editor's Note: Former Subsection H, regarding commercial vehicles and vehicles weighing more than 8,000 pounds, added 9-1-1988 by Ord. No. 316, which immediately followed this subsection, was deleted 1-19-1996 by Ord. No. 449.

H. Travel trailers, including mobile homes used for recreational purposes, may be stored on the property of their owner and shall be considered as an accessory use and subject to the standards set forth in the Schedule of District Regulations[3] for an accessory use in the district in which said travel trailer or recreational vehicle is to be stored. No travel trailer, recreational mobile home or recreational vehicle shall be occupied or used as a dwelling place or for the conduct of any business. There shall be no hookup of a travel trailer, recreational mobile home or recreational vehicle to any utility line or facility. The storage of such vehicles shall not be in any front yard area.

[3] Editor's Note: The Schedule of District Regulations is included at the end of this chapter.

I. (Reserved)[4]

[4] Editor’s Note: Former Subsection I, added 9-1-1988 by Ord. No. 316, regarding junk, unregistered and/or unlicensed vehicles, was repealed 2-15-2018 by Ord. No. 769.

J. Supplemental standards.

(1) Motorcycle parking. Any site which has 500 or more parking spaces shall provide, for the first 500 spaces and one for each 250 spaces thereafter, a seventeen-foot-by-eighteen-foot motorcycle parking area, bordered by bumper guards or a concrete curb to preclude automobile access to such area. Motorcycle spaces are to be clearly designated and located near the main entrance of the primary structures on site.

(2) Warehouses and wholesale uses. Office space exceeding 30% of the gross floor area of the warehouse or wholesale use must meet the off-street parking requirements for office use.

(3) Day-care facilities. Day-care facilities providing care or instruction to 10 or more individuals at any one time shall provide a passenger loading/unloading zone.

(4) Parking during construction. Temporary off-street parking shall be provided for workers during construction at a rate of one space per each two employees. Temporary gravel surfacing may be permitted for the temporary parking area. Temporary parking areas must be abandoned and returned to their original state or improved in accordance with an approved site plan prior to the issuance of a certificate of occupancy.

(5) Shared parking. The amount of off-street parking required by this section may be reduced by an amount determined by the Planning Board when shared parking facilities for two or more uses are proposed, provided:

(a) The parking facilities are designed and developed as a single on-site common parking facility, or as a system of on-site and off-site facilities, if all facilities are connected with improved pedestrian facilities and no building or use involved is more than 800 feet walking distance from the most remote shared facility.

(b) The amount of the reduction shall not exceed 25% for each use, unless:

[1] The normal hours of operation for each use are separated by at least one hour; or

[2] A parking-demand study is prepared by a professional traffic engineer and submitted by the applicant documenting that the hours of actual parking demand for the proposed uses will not conflict and those uses will be served by adequate parking if shared parking reductions are authorized;

[3] The Planning Board will determine the amount of reduction, provided the total number of parking spaces in the common parking facility is not less than the minimum required spaces for any single use.

(c) A covenant or other contract for shared parking between the cooperating property owners is approved by the Township. This covenant or contract must be recorded with the Cumberland County Clerk as a deed restriction on both properties and cannot be modified or revoked without the consent of the Township; and

(d) If any requirements for shared parking are violated, the affected property owners must provide a remedy satisfactory to the Planning Board or provide the full amount of required off-street parking for each use, in accordance with the requirements of this section, unless a satisfactory alternative remedy is approved by the Planning Board.

(6) Planter overhangs. When a parking space abuts a landscape island or planter, the front two feet of the parking space may overhang the planter, provided that wheel stops or curbing is provided as illustrated below.

(7) Drive-through stacking lanes.

(a) Purpose. Supplemental standards are provided for uses with drive-through facilities to ensure protection from potential traffic hazards. These standards are applied in addition to all other applicable standards of this Code.

(b) Standards. The provisions of this section shall apply to all drive-through service facilities.

(c) Number of stacking lanes.

[1] Any commercial activity such as a bank, pharmacy, car wash, photo pickup, retail, or other similar use providing services accessible to persons who remain in their automobiles shall provide a stacking lane designed to accommodate not less than four vehicles at each service location.

[2] Drive-through service windows at restaurants shall provide a stacking lane designed to accommodate a minimum of six vehicles at each service window. Each vehicle space shall be a minimum 10 feet by 20 feet in size.

(d) Setbacks and landscaping. Drive-through facilities must provide the setbacks and landscaping stated below:

[1] The minimum distance from any drive-through facility to any residential area shall be 40 feet. This distance is measured at the narrowest point between the property line of the residential property and either the main building, an off-street parking area, or stacking lanes, whichever is closer. The setback must be landscaped in accordance with § 405-62A of the Township Code.

(e) Bypass lane. A bypass lane shall be provided. The minimum width shall be 10 feet.

(f) Stacking lane design.

[1] Each stacking lane shall be separated from the circulation routes necessary for ingress or egress from the property, or access to any parking space.

[2] Access to stacking lanes shall not be allowed directly from a driveway, from a public street or from adjoining lots.

[3] The stacking lane shall be designed to accommodate at least the minimum stacking required for each use.

[4] Stacking lanes for drive-through stations shall not cross or pass through off-street parking areas or pedestrian accessways.

[5] Stacking lanes for drive-through facilities shall have the following minimum widths:

[a] One lane: 12 feet;

[b] Two or more lanes: 10 feet per lane.

[6] Stacking lanes for drive-through facilities shall not be located in the required front or corner side yard.

(g) Requirements for existing drive-through uses. When existing drive-through uses apply for occupancy permits, modification of existing use permits, or site plan approval, they will be required to meet as many of the supplemental standards as reasonably possible as determined by good planning and engineering practice within the limits of the existing site layout and structural location.

(8) Handicapped-accessible parking.

(a) Number of spaces. A portion of the required off-street parking spaces required for any use by this chapter shall be designed for physically handicapped persons in accordance with state law and the following standards:

	Table 405-27.2 Handicapped Parking Requirements
	Total Number of Parking Spaces	Number of Spaces for Handicapped Persons
	1 to 25	1
	26 to 50	2
	51 to 75	3
	76 to 100	4
	101 to 150	5
	151 to 200	6
	201 to 300	7
	301 to 400	8
	401 to 500	9
	501 to 1,000	2% of total
	Over 1,000	20 plus 1 for each 100 spaces over 1,000

(b) Design, designation, and location. Handicapped persons' parking spaces shall, at a minimum, comply with the requirements of the New Jersey Barrier Free Subcode and the Americans with Disabilities Act Accessibility Guidelines, and shall be considered part of the total number of required spaces.

(9) Compact car allowance.

(a) A maximum of 30% of the total required off-street parking stalls may be permitted and designated for compact cars in commercial and retail areas. For industrial uses, compact stalls shall not exceed 30% of the total off-street parking requirement.

(b) Each compact stall shall be designated as such.

(c) Dimensions of compact parking stalls shall be a minimum of 7.5 feet wide, and a minimum of 14.5 feet and a maximum of 18.0 feet in length;

(d) The maximum compact car allowance may be exceeded if an applicant submits a vehicle composition study, relevant to the type of development, which demonstrates that a greater number of compact vehicles should be accommodated.

(10) Bicycle parking.

(a) Applicability.

[1] For all commercial, office, industrial, mixed-use and multifamily residential development activity involving new construction, bicycle parking shall be provided, as required in Table 405-27.3 of this Subsection J.

[2] For all development activity involving improved property, bicycle parking shall be required when the floor area of any building or structure, or parking areas, or any combination thereof, is increased as follows:

[a] If the total of the existing such area(s) is increased 10% or less, no bicycle parking is required.

[b] If the total of the existing such area(s) is increased more than 10% but less than 50%, the minimum bicycle parking space requirement shall be provided as specified in the schedule of off-street bicycle parking requirements set forth in Table 405-27.3 of this Subsection J.

[c] If the total of the existing such area(s) is increased 50% or more, the total bicycle parking requirement shall be provided, as specified in the schedule of off-street bicycle parking requirements set forth in Table 405-27.3 of this Subsection J.

(b) General Requirements for bicycle facilities.

[1] In any development required to provide 10 or more parking spaces, bicycle parking shall be provided.

[2] For each bicycle parking space required, a stationary rack shall be provided which can accommodate bicyclists' locks securing the frame and wheels, or a lockable enclosure in which the bicycle is stored.

[3] Bicycle parking shall have direct access to both the public right-of-way and to the main entrance of the principal use.

[4] For facilities with multiple buildings, building entrances or parking lots, bicycle parking shall be located in areas of greatest use and convenience to bicyclists.

[5] Bicycle parking facilities shall be separated from motor vehicle parking and maneuvering areas by a barrier or sufficient distance to prevent damage to the parked bicycles.

[6] If any motor vehicle parking is covered, required bicycle parking must also be covered.

[7] Each required bicycle parking space shall be at least two feet wide and six feet long and, when covered, provide a vertical clearance of seven feet. An access aisle of at least five feet wide shall be provided and maintained beside or between each row of bicycle parking. Vertical clearance may be four feet in an enclosed bicycle locker.

[8] Each required bicycle parking space must be accessible without moving another bicycle.

[9] All bicycle racks, lockers, or other facilities shall be securely anchored to the ground or to a structure and must hold bicycles securely by means of the frame. The frame must be supported so that the bicycle cannot be pushed or fall to one side in a manner that will damage the wheels.

[10] Lighting shall be provided in a bicycle parking area so that all facilities are thoroughly illuminated and visible from adjacent sidewalks or motor vehicle parking lots during all hours of use. Bicycle parking shall be at least as well-lit as motor vehicle parking.

[11] Areas set aside for required bicycle parking must be clearly marked and reserved for bicycle parking only.

[12] Where bicycle parking facilities are not directly visible and obvious from the public right(s)-of-way, entry and directional signs shall be provided to direct bicyclists from the public right-of-way to the bicycle parking facility. Directions to employee parking facilities may be signed or supplied by the employer as appropriate.

[13] Outdoor bicycle parking facilities shall be surfaced in the same manner as the automobile parking area or with a suitable surface (i.e., asphalt, concrete, pavers, or similar material) maintained in a smooth, durable, and well-drained condition.

[14] Bicycle parking may be provided within the public right-of-way in zoning districts where no front setback is required, subject to approval of the Planning Board.

(c) Bicycle parking spaces.

[1] The required minimum number of bicycle parking spaces for each use category is shown on Table 405-27.3.

[2] Bicycle parking shall be located on-site within 50 feet of well-used entrances and not farther from the entrance than the closest motor vehicle parking space.

[3] Bicycle parking for multiple uses, such as a commercial center, may be clustered in one or several locations but must meet all other requirements for bicycle parking.

[4] For buildings with multiple entrances, required bicycle parking shall be distributed proportionally at the various public entrances, while employee parking shall be located at the employee entrance, if applicable.

Recommended Bicycle Parking Layout

(d) Shared bicycle parking facilities.

[1] Bicycle rack facilities for separate uses may be provided collectively if the total number of spaces so provided is not less than the sum of the separate requirements governing the number of spaces required in relation to the use served.

[2] Such facilities shall be located on one of the lots on which a use served is located or on a lot abutting and contiguous to one of the lots on which a use served is located; provided, that such facilities are also located not more than 300 feet walking distance from all of the buildings, structures, or uses of land which such bicycle rack facilities are intended to serve.

(e) Schedule of off-street bicycle parking requirements.

[1] Bicycle parking requirements do not reduce the vehicle parking requirements set forth in § 405-27A of this chapter, but provide bicycle parking in addition to vehicle parking.

[2] All references to vehicle parking requirements refer to the parking requirements set forth in § 405-27A of this chapter.

[3] Number of bicycle parking spaces.

[a] For residential uses with seven dwelling units, one unit of bicycle parking shall be provided. For residential uses with more than seven dwelling units, bicycle parking shall be provided at a ratio of one bicycle parking space for every three additional residential units. Any fraction of 1/2 or greater shall require one additional bicycle parking space.

[b] For all other uses, bicycle parking shall be provided in proportion to the number of off-street vehicle parking spaces required by this section, according to the following table:

Table 405-27.3 Bicycle Parking Requirements
Motor Vehicle Parking Spaces Required* (includes existing and new)	Amount of Bicycle Parking Required*
From 1 to 3	0
From 4 to 14	1
From 15 to 200	1 for every 10 parking spaces
201 and above	20 plus 1 for every 20 parking spaces above 200

*Any fraction of 1/2 or greater shall require one additional parking space.

§ 405-28 Minimum off-street loading requirements.

[Amended 9-1-1988 by Ord. No. 316; 2-15-2018 by Ord. No. 769]

Off-street loading and maneuvering space shall be provided for the loading and unloading of vehicles on the lot on which is located the use for which the loading space is required as set forth herein:

A. A minimum of one space per nonresidential use shall be provided, except that, where more than one use shall be located in one building or where multiple uses are designed as part of a self-contained complex, the number of loading spaces shall be based on the cumulative number of square feet within the building or complex and shall be dispersed throughout the site to best serve the individual uses.

B. The minimum number of loading spaces required for any use serviced regularly by trucks shall be in accordance with the following schedule:

Gross Floor Area (square feet)	Minimum Number of Loading Docks
Up to 19,999	1
20,000 to 39,999	2
40,000 to 100,000	3
For each additional 40,000 square feet over 100,000 square feet	1

C. Where any use is located on a tract of at least 50 acres and no portion of a loading area, including maneuvering areas, is closer than 200 feet to any property line and where the length of the driveway connecting the loading area to the street is at least 300 feet, the number of off-street loading spaces may be fewer than the number required by the above schedule, provided that the applicant, as part of the site plan application, shall indicate on the site plan and shall document to the approving authority that the number of spaces to be provided will be adequate to meet the needs of the specific use proposed.

D. The conformance for any use requiring loading facilities shall remain valid so long as such facilities are provided and maintained in accordance with the following requirements:

(1) They shall be provided and maintained so long as the use exists which the facilities are designed to serve; and

(2) Reasonable precautions shall be taken by the owner or sponsor of particular uses to assure the availability of required facilities to the delivery and pickup vehicles that they are designed to serve.

E. Access to a loading space shall be provided directly from a public street or alley or from any right-of-way that will not interfere with public convenience and that will permit orderly and safe movement of trucks or delivery vehicles.

F. Loading space(s) as required under this section shall be provided as area in addition to off-street parking space and shall not be considered as supplying off-street parking.

G. Off-street loading and unloading areas shall be surfaced with a dustless, durable, all-weather pavement, which shall be adequately drained, all subject to the approval of the Township Engineer.

H. Any use which can reasonably be expected to have a number of trucks making deliveries or pickups on a daily basis which may require delays in order to make such deliveries or pickups shall, in addition to any required loading space, provide truck waiting or standing area in order to avoid undue or unsafe interference with the public use of streets or alleys.

§ 405-29 Outdoor storage.

[Amended 9-1-1988 by Ord. No. 316]

Outdoor storage of any type shall not be permitted unless such storage is normally incidental to the permitted use or structure and part of the normal operations conducted on the premises. All outdoor storage shall be subject to the requirements of the prevailing zoning district, including setbacks, area and coverage requirements, and shall be screened as provided for in § 405-62A(4) from any property used or zoned for residential purposes or whenever required by an approving authority in order to eliminate or reduce an adverse effect or impairment of visual or aesthetic scenes. No front yard area shall be used for open storage of boats, vehicles or any other equipment or material except for parking of properly registered automobiles on driveways in residential districts.

§ 405-30 Right to farm.

[Added 8-2-1990 by Ord. No. 360]

A. The right to farm all land is ordained to be a permitted use which can be pursued on any of the land in the Township of Upper Deerfield which land is considered a "farm," as defined in this chapter, subject only to the restrictions and regulations for intensive fowl and swine farms and the keeping of animals and subject to local health laws and regulations. The right to farm as applied in this section includes the following:

(1) Use of irrigation pumps.

(2) Aerial and ground seeding and spraying of land and crops.

(3) Application of fertilizers, pesticides and herbicides.

(4) Use of tractors and other power-driven wheeled and tracked vehicles.

(5) Use of farm laborers (local and transient).

(6) The grazing of livestock.

B. All the foregoing activities are permitted for the purpose of producing, from the land, agriculture products such as vegetables, grains, hay, fruit, fibers, wood, shrubs, flowers and seeds and for raising livestock. Farming activities shall be conducted in accordance with generally accepted agricultural practices and may occur at any time, including Sundays and holidays. These activities also may occur at any hour of the day or night. The noises, odors and fumes which are reasonable and necessary to farming are included as inherent parts of the right to farm.

C. It is expressly found that whatever nuisance may be caused to others by such uses and activities so conducted is more than offset by the benefits from farming to the neighborhood and community and to society in general, by the preservation of open space, the beauty of the countryside and clean air, and by the preservation and continuance of farming operations in Upper Deerfield Township and in New Jersey as a source of agricultural products for this and future generations.

D. The approving authority shall require developers of major subdivisions to provide perspective purchasers of lots within the subdivision with written notice that Upper Deerfield Township has a Right to Farm Ordinance, which notice shall include a copy of this § 405-30.[1] The developer shall provide the Zoning Officer with proof that said notice was provided as a condition to the issuance of an initial (new construction) certificate of occupancy.

[1] Editor's Note: See also Ch. 315, Right to Farm.

§ 405-31 Signs.

[Amended 9-1-1988 by Ord. No. 316]

No sign shall be erected, reerected, constructed, altered, placed or maintained except as provided for in this chapter. No sign of any type shall be permitted to obstruct driver vision, traffic signals, traffic directional and identification signs, other places of business, signs or windows of buildings on which they are located, or fire escapes, doors and ventilation openings or other essential or required facilities or equipment. No sign shall be attached to trees, fence posts, stumps, utility poles, bridges, culverts or other signs. All signs shall be freestanding or attached to buildings in an approved manner. Signs shall be permitted in accordance with the following standards and requirements:

A. In all zoning districts, the following signs shall be permitted without obtaining a zoning permit:

(1) All signs and signals owned and operated by the Township of Upper Deerfield, the County of Cumberland, the State of New Jersey or the United States of America not exceeding two square feet in area.

(2) Identification signs for public and quasi-public facilities, such as schools, churches, hospitals or libraries, not exceeding two square feet in area.

(3) Memorial or historical markers or tablets, not exceeding four square feet in area.

(4) Customary on-site real estate signs temporarily advertising the sale, rental or lease of the premises or portions thereof and professional office or home occupation nameplates. No such sign shall exceed six square feet in area, nor shall there be more than one such sign for each 200 feet or part thereof of road frontage contained on the property on which such sign is to be located. Such signs shall be removed at the expense of the advertiser within 15 days after the termination or completion of the matter or business advertised.

(5) Street number designations, postal boxes, on-site directional and parking signs, warning signs and signs posting property as "Private Property," "No Hunting," "No Trespassing" or similar signs which do not exceed two square feet in area.

(6) Daily or diurnal signs.

[Added 8-5-2010 by Ord. No. 657]

(a) Daily or diurnal signs not exceeding six square feet in area shall be permitted to be displayed on the property of any business owner advertising or displaying to the public information on a daily basis pertaining to and relating to business conducted on the premises, such as whether a sale is ongoing, business hours, whether the business is open or closed, and similar such purposes; provided, however, that such signs shall not be permanently placed, shall be placed on the business premises not earlier than dawn and shall be removed on a daily basis not later than dusk; and provided, further, that such signs shall not be placed within the public right-of-way nor shall such signs be placed so as to a present a visual obstruction to motorists along any highway or near any intersection. No more than three signs per property shall be allowed to be placed on a daily basis.

(b) To the extent of any inconsistency herewith, § 405-30D(2) is deemed inapplicable with respect to daily signs placed upon a business owner's own property.

(c) Any person violating the provisions of this Subsection A(6) shall be liable to receive a written warning for the first violation; a fifty-dollar fine for a second violation; and one-hundred-dollar fine for any third or subsequent violations.

(d) No such signs shall be placed within the right-of-way of any Township road nor such as to obstruct vehicular or pedestrian traffic. Such signs shall be placed at a minimum of at least 15 feet from the roadway edge of any roadway.

(7) Banners, flags and pennants.

[Added 4-19-2012 by Ord. No. 690]

(a) Banners, flags, or pennants not exceeding 16 square feet in size shall be permitted to be displayed on the property of any business owner advertising or displaying information to the public on a daily basis pertaining and relating to the business conducted on the premises such as whether a sale is ongoing, business hours, whether the business or open or closed, and similar such purposes, provided that such signs shall not be permanently placed, shall be placed on the business premises not earlier than dawn and shall be removed on a daily basis not later than dusk, and provided further that such banners, flags and pennants shall not be placed within the public right-of-way nor shall such banners, flags, and pennants be placed so as to present a visual obstruction to motorists along any highway or near any intersection.

(b) No more than three banners, flags, or pennants per property shall be allowed to be placed on a daily basis. The size of any one banner, flag, or pennant shall not exceed 16 square feet.

B. Sign interpretation and measurement.

(1) For the purpose of determining the number of signs, a sign shall be considered to be a single display surface or display device, containing elements organized, related and composed to form a unit. Where matter is displayed in a random manner without organized relationship of elements or where there is a reasonable doubt about the relationship of elements, each element shall be considered to be a separate sign.

(2) The size of any sign for the purpose of determining its compliance with the provisions of this section shall be computed by multiplying its greatest height by its greatest length, exclusive of supporting structures, unless such supporting structures are illuminated or are in the form of a symbol or contain advertising copy. Signs with multiple exposures shall be measured for area by using the surface area of one side only when carrying the same message on all sides. Where there is a different message on any side, then each side shall be considered as an individual sign.

C. General regulations. All signs shall be designed and constructed in accordance with the following standards and provisions:

(1) No freestanding sign shall exceed the height permitted as set forth herein and in no case exceed the maximum height limitation for the zoning district in which it is located. No attached sign shall be higher than 18 inches at any point than the roofline of the building to which said sign is attached.

(2) No attached sign shall project into or hang over a street right-of-way, and no sign shall project beyond a building in a manner placing it above areas traversed by motor vehicles, such as but not limited to driveways or parking areas.

(3) All signs shall conform to the standards of the Uniform Construction Code.[1]

[1] Editor's Note: See N.J.S.A. 52:27D-119 et seq.

(4) Illuminated signs shall be so arranged as to reflect the light glare away from adjoining premises and away from adjoining streets and/or rights-of-way. No sign shall be illuminated between the hours of 1:00 a.m. and 7:00 a.m. unless the business or use so advertised by said sign is open to the public later than 1:00 a.m., in which event any such establishment may keep said sign illuminated until said business is closed to the public, but not thereafter.

(5) Signs and sign structures of all types shall be located to allow clear, unobstructed lines of vision as specified in § 405-18 of this chapter.

(6) All sign support structures and frames shall be constructed of durable material such as wood, metal, stone or concrete. All signs shall be permanently fixed to the ground or attached to a building or structure in a manner conforming to the Uniform Construction Code.[2]

[2] Editor's Note: See N.J.S.A. 52:27D-119 et seq.

(7) No sign shall be erected containing information on it which states or implies than a property may be used for any purpose not permitted under the provisions of this chapter in the zoning district in which the property to which the sign relates is located.

(8) No sign shall be erected within any sight triangle area as required by § 405-62 of this chapter.

(9) Whenever a land use or activity has approved access on more than one roadway, the Planning Board may permit additional freestanding signs. The Board shall determine the size and location of said additional freestanding sign based on available frontage, roadway speed, visibility of the access and the safety of traffic based on specific sign standards permitted for that land use as set forth in Subsection E herein.

[Added 1-19-1996 by Ord. No. 449]

D. The following signs are prohibited in all districts:

(1) Signs with red, green or blue illumination in a beam, beacon or flashing form resembling an emergency light, in any location.

(2) Portable signs, i.e., fixed on a movable stand which is self-supporting without being firmly embedded in the ground, supported by other objects, mounted on wheels or movable vehicles or made easily movable in some other manner.

(3) Signs using mechanical or electrical devices to revolve, flash or display movement or the illusion of movement.

(4) Signs with any lighting or control mechanism which cause radio or television interference.

(5) Any sign which is such a form, character or shape as to confuse or dangerously distract the attention of the operator of a motor vehicle.

(6) Any advertising which uses a series of two or more signs or units placed in a line parallel to the highway or in similar fashion, all carrying a single advertising message, part of which is contained on each sign.

(7) Signs which in any way simulate official, functional, directional or warning signs erected or maintained by the State of New Jersey, County of Cumberland or the Township of Upper Deerfield thereof or by any railroad, public utility or similar organization concerned with the protection of public health or safety.

(8) Any sign located on a lot other than the lot occupied by the use, event, product or activity which said sign advertises.

(9) Moving objects.

[Amended 1-19-1996 by Ord. No. 449; 4-19-2012 by Ord. No. 690]

(a) Spinners, balloons, or other aerial devices, inflatable figures, or any other moving object used for advertising purposes, whether containing a message or not, shall not be permitted unless a permit for the same has been granted by the Township Committee of the Township of Upper Deerfield. In the case of an opening or reopening of a business or other enterprise, the Zoning Officer may issue a permit for said devices provided that they are installed in such a way as to not be hazardous to persons or vehicles on or off site. A permit for spinners, tethered balloons or other aerial devices or inflatable figures or any other moving object for an opening or reopening shall not be granted for longer than 21 consecutive days.

(b) For all other uses of spinners, tethered balloons, aerial devices, or inflatable figures or any other moving object used for advertising purposes, such devices shall be permitted only upon such terms and conditions as may be authorized by permit from the Township Committee of the Township of Upper Deerfield.

(10) Any sign exceeding the maximum height of 35 feet or more than 35 feet above grade level.

(11) Signs bearing texts of a laudatory nature or including services or product names normally furnished by any such establishment or proprietor, it being the purpose of this article to limit the use of all signs to identification and directional purposes only. Identification signs allow the principal name of the establishment or proprietor and a brief description of the principal goods or services offered.

(12) Any sign which, applying contemporary control standards, has as its dominant theme or purpose an appeal to prurient interests.

E. In any district where the following uses are permitted, the following signs shall be permitted in connection with said use as per the provisions of this chapter:

(1) Churches: one freestanding sign not exceeding 40 square feet in area and eight feet in height and set back at least 25 feet from all street rights-of-way and lot lines, plus one attached sign not exceeding 25 square feet in area.

[Amended 8-20-2009 by Ord. No. 639]

(2) Golf courses: one freestanding sign not exceeding 40 square feet in area and eight feet in height and set back at least 25 feet from all street rights-of-way and lot lines; in addition, one sign attached to or freestanding but within 10 feet of the clubhouse or similar structure, said sign not exceeding 25 square feet in area.

[Amended 8-20-2009 by Ord. No. 639]

(3) Private clubs: one sign attached to the building or structure and not exceeding 20 square feet in area or one freestanding sign not exceeding 20 square feet and set back at least 25 feet from all street rights-of-way or lot lines.

(4) Apartment and multifamily dwelling complexes: Each development having in excess of four dwelling units may have one freestanding sign along any roadway, provided that there exists at least 200 feet of unbroken road frontage. Such sign shall not exceed eight feet in height; shall be set back from the street rights-of-way and all driveways, whether on or off site, at least 30 feet; from any adjoining property line a minimum of 40 feet; and shall not exceed an area of 40 square feet; and shall be solely for identification of the development.

(5) Local retail and personal service activities, convenience stores, eating and drinking establishments and similar uses: Each activity may have one illuminated or nonilluminated sign displaying the name of the use attached flat against the front of the building facade, not exceeding 40 square feet in size or 5% of the front facade of the building, whichever is less. Where the building is designed for rear or side entrance, one nonilluminated sign may be attached flat against the building at the rear and side entrances, each sign not to exceed an area equivalent to half of the sign attached on the front of the building. When such use is located on an arterial or collector road, as defined in the Township's adopted Master Plan, said use may, in addition to the above permitted signs, have one freestanding illuminated sign not exceeding 15 square feet in area and set back at least 15 feet from all street rights-of-way and lot lines. Such freestanding sign shall not exceed 20 feet in height.

[Amended 8-20-2009 by Ord. No. 639]

(6) Offices and financial institutions and similar uses: one illuminated or nonilluminated sign displaying the name of the use either attached flat against the front of the building or freestanding, not exceeding 40 square feet or 5% of the front facade of the building, whichever is less. If freestanding, the sign shall be located not less than 15 feet to any street rights-of-way or lot lines and shall not exceed 10 feet in height.

[Amended 8-20-2009 by Ord. No. 639]

(7) Retail sale of goods and services, funeral homes, animal boarding centers, theaters, indoor commercial recreational facilities and similar uses: Each use or activity may have one sign displaying the name of the use attached flat against the front of the building, not greater than 120 square feet. Where such use is located in a building on property having frontage on more than one street or road, one additional sign displaying the name of the use may be attached flat against the building for each side of said building fronting on a street or road not classified in the Township Master Plan as a minor street. Such sign shall not exceed an area equivalent to half that of the sign on the front of the building. Except within residential districts or whenever such use is located within a planned shopping center and where such use is located on premises situate on and having at least 200 feet of unbroken frontage on an arterial or collector street or road, as classified in the Township Master Plan, said use may have one freestanding sign on each street frontage, provided that such sign shall not exceed 20 feet in height and shall not be larger than 40 square feet in area. No such freestanding sign shall be located closer than 100 feet to any residential district or property line of a property used for residential purposes or be closer than 15 feet to any street or road right-of-way.

[Amended 8-20-2009 by Ord. No. 639]

(8) Supermarkets, lumberyards, department, variety, major appliance and furniture stores, and garden centers: Each use may have one illuminated or nonilluminated sign displaying the name of the use attached flat against the front of the building, not exceeding 120 square feet or 5% of the front facade of the building, whichever is less. Where the building(s) is designed for rear or side entrances, one sign may be attached flat against the building at the rear and side entrances, each sign not to exceed an area equivalent to half that of the sign on the front of the building. Except within residential districts or whenever such use is located within a planned shopping center and where such use is located on premises situate on and having at least 200 feet of unbroken frontage on an arterial or collector street or road, as classified in the Township Master Plan, said use may have one freestanding sign on each street frontage, provided that such sign shall not exceed 20 feet in height and shall not be larger than 40 square feet in area. No such freestanding sign shall be located closer than 100 feet to any residential district or property line of a property used for residential purposes or be closer than 15 feet to any street or road right-of-way.

[Amended 8-20-2009 by Ord. No. 639]

(9) Multi-office buildings or complexes and professional office center or similar uses: Any use may have one sign, either freestanding or attached, not exceeding an area equivalent to 5% of the first-floor portion of the front facade or 150 square feet, whichever is smaller. Where an individual office unit has direct access from the outside, a sign not exceeding four square feet identifying the name of the office may also be attached to the building at the office entrance. If freestanding, the sign shall not be closer than 15 feet to any street right-of-way or lot lines, nor shall said sign exceed eight feet in height. A freestanding sign shall not exceed an area of 100 square feet.

(10) Hotels and motels or similar uses: Any use may have one sign attached flat against the front facade of the building and not exceeding an area equivalent to 5% of the first-floor portion of the front facade or 150 square feet, whichever is smaller. Where additional uses are to be permitted in connection with a motel or hotel, such as a restaurant or shops, additional signs shall be permitted, but all such signs visible from the public right-of-way shall not exceed 10 square feet in area or total more than two for any one side of the building in addition to the main or principal sign. Except within residential districts or whenever such use is located within a planned shopping center and where such use is located on premises situate on and having at least 200 feet of unbroken frontage on an arterial or collector street or road, as classified in the Township Master Plan, said use may have one freestanding sign on each street frontage, provided that such sign shall not exceed 20 feet in height and shall not be larger than 40 square feet in area. No such freestanding sign shall be located closer than 100 feet to any residential district or property line of a property used for residential purposes or be closer than 15 feet to any street or road right-of-way.

(11) Shopping centers. Each center or grouping of uses may have one freestanding sign to identify the shopping center or other permitted uses and list individual occupants along each arterial or collector road, as classified in the Township Master Plan, which the tract of land upon which the center is located abuts, provided that there exists at least 250 feet of unbroken frontage. Such sign shall not exceed a height of 30 feet, shall be set back from the street rights-of-way and driveways at least 25 feet, shall be set back from any property line a minimum of 50 feet, and shall not exceed an area of 200 square feet. In addition to the freestanding sign(s) permitted above, each center may have:

[Amended 8-20-2009 by Ord. No. 639]

(a) One illuminated identification sign attached flat against the wall of the front facade (street side) of the building for each use within the center. Said sign shall not exceed one square foot per linear foot of frontage of the individual use or 100 square feet in area, whichever is smaller. Such signs shall not extend above the roofline of the building to which they are attached.

(b) In areas having common walkways roofed over with a permanent solid or rigid canopy (not canvas or awning), there may be one nonilluminated sign for each business, with such sign being attached in a perpendicular fashion from the underside of the canopy and not exceeding four square feet in area on either of the two sides.

(c) Each building or use may have one nonilluminated directory sign per principal entrance for all business occupants. Such signs shall be attached flat against the facade of the building and shall not exceed four square feet in area.

(d) In addition, each permitted use may have one identification sign on each window and awning, provided that such signs do not exceed four square feet in area.

(e) All signs in a shopping center shall conform in character to all other signs in the complex and shall blend with the overall architectural scheme of the shopping center structure.

(f) Nothing herein shall be construed to imply control or the setting of standards for signs located entirely within a structure and not visible from the exterior of the structure, including through windows or entrances in or to said structure.

(12) Service stations, repair garages and car washes: Each use may have one freestanding sign and one sign attached flat against the front facade of the building. The freestanding sign shall not exceed an area of 20 square feet and shall be set back at least 15 feet from all street rights-of-way and lot lines. The freestanding sign shall not exceed a height of 20 feet. The attached sign shall not exceed 30 square feet in area or rise above the roofline of the structure to which it is attached. Whenever a service station is established with a mini market or convenience store or in combination with another related land use such as a car wash, then the overall site may have only one freestanding sign as noted above. Attached signs to the various uses on site shall be limited to identifying the use or activity. In addition to the above permitted signs, a gasoline service station or repair garage may have signs identifying automotive services being performed within a given portion or bay of the building attached flat against the building and directly above that portion or bay of the building wherein said service is performed. Such signs shall not exceed six square feet in area and shall not be illuminated directly.

[Amended 1-19-1996 by Ord. No. 449]

(13) Laboratories, industrial and manufacturing or processing plants, wholesale distribution centers and warehouses, construction enterprises, metalworking enterprises and similar uses: Each use shall be permitted one sign not larger than 5% of the front of the principal building or 100 square feet, whichever is smaller. If attached to the building, the sign shall not be higher than the roofline and, if freestanding, shall be set back from all street right-of-way lines at least 15 feet and from all lot lines at least 50 feet.

(14) Industrial parks. Each park may have one freestanding sign along each arterial or collector road, as classified in the Township Master Plan, upon which the tract in question abuts, provided that there exists at least 250 feet of unbroken frontage. Such sign shall not exceed a height of 20 feet, shall be set back from all street rights-of-way and driveways at least 20 feet, shall be set back from any property line a minimum of 100 feet and shall not exceed an area of 150 square feet. Each use within an industrial park shall be permitted signs in accordance with the provisions of Subsection E(13) above.

[Amended 8-20-2009 by Ord. No. 639]

(15) New and used automobile sales, farm equipment sales, trucking terminals, sale of heavy equipment or recreational vehicles or similar uses: Each use may have one freestanding sign for each 200 feet of unbroken frontage with a maximum of three signs per site. Each sign shall not exceed 35 feet in height, shall be set back from the street right-of-way at least 15 feet and from driveways at least 20 feet, shall be set back from any property line a minimum of 50 feet and shall not exceed an area of 200 square feet. In addition to said freestanding sign(s), the following attached signs may be permitted:

(a) One sign displaying the name and insignia of the business or use attached flat against the front of the principal building used for sales office and/or showroom, not exceeding 120 square feet or an area equivalent of 5% of the front facade of the building, whichever is less.

[Amended 8-20-2009 by Ord. No. 639]

(b) One attached sign not exceeding 20 square feet in area, which sign or signs identify specific areas of a structure utilized for accessory uses, such as garage, office or service areas. Said sign(s) shall be located directly above or in close proximity to the entrance to said portion of the principal structure or accessory structures.

(16) Construction sites. Each construction site may have one sign identifying construction on site, not larger than the equivalent of 5% of the area of the front wall of the building being constructed or 100 square feet, whichever is smaller. The size shall not exceed 10 feet in height and shall be set back from all street rights-of-way and lot lines at least 40 feet. Said sign shall be removed prior to the issuance of a certificate of occupancy for the building under construction or the use being established.

(17) Real estate sale or rental. Real estate developments offered for sale or rent, involving 10 acres or more or in excess of 10 lots or dwelling units, may have one sign along each arterial or collector road which the tract involved abuts for each 100 feet of unbroken frontage, with a maximum of two signs per site or development. Such sign shall not exceed eight feet in height, shall be set back from the street rights-of-way and driveways so as not to overhang the same or obstruct vision, shall not exceed an area of 32 square feet, and shall be used only to display the development name, developer's name, sales representative, location, sales office and number and to display times and artwork designed to demonstrate project layout, appearance and logo. Such sign(s) shall be removed after the sale of 90% of the lots or units or within one year. Extensions of time may be granted by the Planning Board upon submission of evidence which reasonably justifies continuation of the sign permit.

(18) Grand openings, special sales, major retail events or other similar special activities: Any bona fide use or business may apply to the Zoning Officer for the erection, placement or attachment of banners, spinners, pennants, flags or other similar objects or devices in connection with a grand opening celebration, special sale, major retail event or other special activity or event. No more than two permits for such use of said objects shall be granted to the same use in any given calendar year. Use of the objects so permitted shall be limited to a maximum period of 21 days per permit. All such use of the devices or objects shall be approved by the Zoning Officer and shall conform to the requirements of Subsection C herein.

(19) Home occupations: A home occupation may have one sign bearing the name of the person engaged in the home occupation and the profession engaged in or the name of the business, which sign shall not be illuminated, shall be situated within the property lines of the premises it identifies, and shall not exceed two square feet in area. Signs identifying the office of a physician or surgeon may be illuminated.

(20) Roadside stands: A maximum of three temporary off-site signs shall be permitted during periods of operation only, each not more than six square feet in area. Additionally, 48 square feet of identification sign area shall be permitted either on the stand or within 30 feet thereof.

(21) Schools: A school may have one freestanding sign not exceeding 18 square feet in area and eight feet in height set back at least 20 feet from all street rights-of-way and lot lines, plus one attached sign not exceeding 25 square feet in area. In the case of a school with outdoor athletic facilities, scoreboards shall be permitted, provided that they are located not closer than 50 feet from any street rights-of-way or property lines.

(22) Other uses: Whenever it is proposed to erect, construct or install a sign for a use or structure, as permitted under the provisions of this chapter, which use does not generally approximate a use set forth in this section as to sign details, the Zoning Officer may issue a sign permit for one sign not to exceed 50 square feet in area which meets the maximum setback requirements for an accessory use in the district where the proposed sign is to be located. All other cases shall require the approval of the Planning Board. When reviewing a request for a sign, the details of which are not set forth hereinabove, the Planning Board shall be guided by the standards for other or similar uses as set forth herein, the general character of the area wherein the sign is to be located and the purpose of the sign in determining the standards to require.

(23) Yard sales: A maximum of four temporary off-premises directional signs measuring not over 24 inches by 18 inches each for a yard sale are permitted. All such directional signs shall be located in accordance with the provisions of this section, except that no sign permit shall be required for these signs. All such signs shall be removed within three days after the sale.

[Added 1-19-1996 by Ord. No. 449]

F. Temporary signs. The following regulations shall govern the erection and removal of "temporary signs," which for the purposes of this section shall be defined as any sign intended for use over a period of time not to exceed 45 days or longer, if so specified herein:

(1) No permit is required for any temporary signs which are in the nature of traditional holiday or seasonal greeting or decoration, not advertising a specific product, service or establishment. No such sign shall, however, be erected or placed in such a manner as to be a hazard to the public or facilities designed to promote or protect public health and safety.

(2) Temporary signs announcing or advertising any educational, charitable, civic, professional or religious program, project or event are permitted only if erected and allowed to remain for a consecutive period not to exceed 21 days in any calendar year, and provided that they do not exceed 32 square feet in area.

(3) Temporary signs advertising political parties or candidates for election are permitted only if erected and allowed to remain for a reasonable period prior to the date of the election to which the signs relate, provided that:

(a) The size of any sign is not in excess of 32 square feet in area on one side.

(b) The erector of such signs or authorized agents of the political party or candidate removes such signs not more than 60 days after the election to which the sign relates.

(c) Notwithstanding the provisions of Subsection F(2) herein, any political sign shall be permitted for periods of longer than 21 days in connection with any bona fide election held, regardless of number.

(4) All temporary signs permitted herein shall contain only advertisement copy or information which directly pertains to the business or activity conducted or to be conducted. Such signs shall relate only to a given activity, project, program or event in order to be considered as temporary signs not subject to permit and regulations as set forth in this section.

(5) Any temporary signs advertising a civic, charitable, political, religious, professional or similar activity, event, program or project and which are to be erected or placed by a nonprofit organization shall not require a sign or zoning permit so long as they meet the requirements of this subsection. Said sign(s) must be maintained while in use by the person or organization erecting or placing them. Signs proposed for hanging or draping across a public street, road or right-of-way shall require a sign permit and be in accordance with all applicable regulations concerning their design and manner of display. Such signs shall require the issuance of a zoning permit regardless of the nature or purpose of the sign or the group erecting or placing it.

G. Sign maintenance.

(1) No sign, whether new or existing, shall hereafter be erected or altered except in conformity with the provisions of this chapter. However, notwithstanding any provisions contained herein, a sign must be kept clean, neatly painted and free from all hazards, such as but not limited to faulty wiring, loose fastenings or improper support; and said sign must be maintained at all times in such condition so as not to be detrimental to the public health and safety.

(2) In the event of a violation of the foregoing maintenance provisions, the Zoning Officer shall give written notice, by certified mail or personal delivery, specifying the named owner of the land upon which the sign is located, sent to the address as stated in the application for a sign permit or as shown on the Township tax records, listing all violations and requiring correction of defects or removal of the sign. The sign shall thereupon be made to conform by the owner of the sign and/or the owner of the land upon which it is located within 30 days from the date of receipt of said notice. Upon failure to comply with such notice within the prescribed time, the Zoning Officer is hereby authorized to remove such sign and shall assess all costs and expenses incurred in said removal against the land and building upon which such sign was located or to take appropriate action as provided for in § 405-113 of this chapter.

(3) Any sign advertising an existing business conducted or product sold on the premises upon which the sign is located shall be removed by the owner of the premises upon which such sign is located within 30 days after cessation of the business or activity so advertised. The Zoning Officer, after determining that any such sign exists after such cessation of business or activity, shall notify the owner of the premises, in writing by certified mail or personal delivery, to remove said sign within 30 days from the date of such notice. Failure to comply with the notice in the time prescribed shall be considered a violation of this chapter and appropriate action authorized as set forth in § 405-113.

(4) If the Zoning Officer shall find that any sign regulated by this chapter is unsafe or insecure or is a nuisance or menace to the public, said Officer shall give written notice to the named owner of the land upon which the sign is located as shown on the Township tax records or the application for a sign permit, which owner shall remove or repair said sign within 14 days from the date of receipt of said notice or such other time period as set forth in said written notice. If said sign is not removed or repaired within the time period specified, the Zoning Officer shall revoke any permit issued for the sign and shall take what steps are necessary to repair or remove said sign in order to protect the public health and safety and shall assess all costs and expenses incurred from such repair or removal of the sign against the land and buildings on which the sign was located. Such assessment shall become a municipal lien upon the property involved.

(5) With respect to any temporary sign permitted under Subsection F above, such sign if not removed by the owner within the time period prescribed may be removed by the Zoning Officer, who is hereby authorized to do so and shall assess all costs and expenses incurred in said removal against the property upon which said sign is located. Said assessment shall become a municipal lien upon the property involved.

§ 405-32 Swimming pools and ponds.

The following standards and regulations shall apply to swimming pools and ponds.

A. Private swimming pools.

(1) Open pools in excess of 2 1/2 feet in depth are considered swimming pools and as structures for the purpose of permits and regulations of Township ordinances. For the purpose of this chapter, swimming pools, exclusive of patio area, shall not be counted as floor area in computing the lot coverage and shall not be located in any required front, side or rear yard area.

(2) All swimming pools shall be at least 20 feet from any property line and shall be enclosed by a fence, wall or other suitable barrier not less than four feet high with a self-closing, self-latching gate and of such a design as is reasonable to prevent unobstructed access to the pool.

[Amended 9-1-1988 by Ord. No. 316]

(3) All swimming pools shall be provided with a filtering system utilizing chlorinated water, meeting New Jersey State Department of Health and Senior Services requirements.

(4) All swimming pools shall drain in conformance to a system approved by the Township Engineer.

B. Irrigation and farm ponds. All irrigation or farm ponds shall be designed and constructed in such a manner as to avoid steep slopes or embankments. All such ponds shall be graded and seeded. Fencing and specific drainage requirements shall only be applicable where determined necessary to the public health, safety and general welfare by the Township Committee.

C. Semipublic and public swimming pools and swimming clubs. Semipublic and public swimming pools and swimming clubs operated on a nonprofit annual-membership basis shall be permitted as indicated on the Schedule of District Regulations,[1] provided that:

(1) Proof is furnished to the Zoning Officer that the proposed use is a bona fide nonprofit activity organized solely for the use and enjoyment of the membership.

(2) The parcel involved in the use shall contain at least three acres and shall have 200 feet of highway frontage.

(3) No more than a total of 15% of the lot shall be covered by structures, parking areas and the pool, together with its adjoining hard-surfaced areas.

(4) No part of the pool, its accompanying hard-surfaced area or other supporting structures or activity areas shall be located within 75 feet of a property line, or less than 300 feet from the nearest dwelling.

(5) The maximum membership of the club shall be fixed at the time of application and shall be commensurate with the size of the parcel and the scale and facilities contemplated. No expansion of the membership shall take place subsequently without supplemental application to and approval by the Planning Board.

[Amended 12-30-2009 by Ord. No. 649]

(6) Any pool established in connection with public swimming clubs shall be constructed and operated according to the requirements of Chapter IX, Public Recreational Bathing, of the State Sanitary Code, as set forth in N.J.A.C. 8:26-1 et seq.

[Amended 9-20-2007 by Ord. No. 593]

(7) All pools shall be surrounded on all sides by a yard 25 feet in width, exclusive of parking area.

(8) All pools shall have permanent and direct access to a public street.

(9) All pools shall be surrounded by a fence at least six feet in height, the entrance to which shall be kept locked when an attendant is not present.

(10) All lot boundaries shall be screened in accordance with the screening provisions of § 405-62A(4) of this chapter.

(11) Adequate parking shall be provided in accordance with the provisions of § 405-27.

[1] Editor's Note: The Schedule of District Regulations is included at the end of this chapter.

§ 405-33 Recreation open space.

[Added 7-6-2006 by Ord. No. 575][1]

A. Recreation.

(1) A recreation area shall be dedicated and improved by the developer for any development containing more than seven residential units. A residential unit shall include any dwelling or living area designed to include one or more sleeping quarters. Said recreation area shall consist of at least one acre or 3,000 square feet per residential unit in the development, whichever is greater.

(2) All land and recreation areas shall be cleared as required, graded for proper drainage, leveled, topsoiled, limed, fertilized and seeded with athletic field and general purpose mixture in accordance with specifications contained in Lofts Seed, Inc.'s Guide to Seed and Sod in United States and Canada, current edition, and must be suitable for playing playground games, such as touch football and softball, on an informal basis. The recreation area shall meet all design standards as set forth in this chapter.

(3) The recreation area shall not include any wetlands, wetlands transition areas of any kind, streets, drives or space occupied for off-street parking or loading purposes for other facilities. The recreation area shall be contained within the development and entirely within Upper Deerfield Township and readily accessible to all lots intended for residential development.

(4) The development shall provide for a homeowners' association for the ownership and maintenance of the recreation area for the benefits of owners or residents of the development unless the Township accepts dedication of the recreation area.

(5) Monetary contribution in lieu of recreation area. In lieu of the recreation area required by Subsection A(1) herein above, the developer may elect, with approval by the Planning Board, to make a contribution of $3,000 per residential unit to a Recreation Trust Fund maintained by the Township specifically for the periodic purchase, lease, acquisition and/or maintenance of recreational facilities for use by the residents of the Township of Upper Deerfield. Said contribution shall be paid at the time of final approval and before the signing and release of any subdivision plats.

[Amended 12-30-2009 by Ord. No. 649]

(6) In the designation of the required open space and the uses proposed thereon, the developer shall be guided by the following:

(a) Any lands proposed as open space shall be improved to best suit the purpose(s) for which open space is intended.

(b) Common open space to be administered by a homeowners' association or other open space organization shall be distributed throughout the proposed development so that as many residential dwelling units or buildings as are practicable abut and have direct access to the common open space.

(c) The protection of environmentally fragile and important resource land areas, such as aquatic and wetland buffer areas, one-hundred-year floodplain and treed acreage, is a high priority.

(7) The Planning Board shall review the submitted common open space plan in the context of the particular development proposal, the particular characteristics of the subject land area and the ability, desirability and practicality of relating the proposed open space to adjacent and nearby lands. In any case, the lands shall be improved as may be necessary to best suit the purpose(s) for which they are intended.

(8) Should the proposed development consist of a number of development phases, the Planning Board may require that open space acreage be proportionate in size to the development phases being considered for final approval for that particular development phase, even though these lands may be located in a different section of the overall development.

(9) Open space may be offered by deed to the Township or dedicated as common open space to a homeowners' association or other open space organization.

(a) If the applicant proposes that the open space be dedicated to the Township, then the Planning Board shall forward such request with its recommendations to the Township Committee prior to the granting of preliminary approval of any development application containing the subject open space.

(b) All open space not offered to and/or not accepted by the Township shall be owned and maintained by a homeowners' association or other open space organization, as provided in N.J.S.A. 40:55D-43. Such organization shall not be dissolved, nor shall it dispose of any common open space by sale or otherwise.

(10) The developer shall provide a minimum contiguous area within lands of the designated open space not considered environmentally fragile as set forth in Subsection A(6)(c) above of at least 200 feet by 100 feet in size. The area shall not include any roads, streets, rights-of-way, detention or retention basins or portions of the development side aside for other required uses.

[1] Editor's Note: Original § 98-24.1, Keeping of swine, added 7-7-1983 by Ord. No. 251, was deleted 9-1-1988 by Ord. No. 316.

§ 405-34 Solar and wind energy-generating facilities; communications facilities.

[Added 11-19-2009 by Ord. No. 643]

Wind and solar energy-generating facilities, including those used for the production of electric current, and communications facilities, including television and/or radio towers, antennas, satellite dishes and all similar devices, may be installed as permitted by the Schedule of District Regulations, subject to the following requirements:

A. Wind energy-generating facilities (wind turbines) shall be permitted as an accessory use/structure in connection with any residential, agricultural, recreational or industrial use when they meet the following standards:

(1) Any turbine more than 100 feet tall must be of monopole construction to qualify for a zoning permit. Lattice towers and guy wires will not be authorized by zoning permit for wind turbines in excess of 100 feet tall.

(2) The proposed wind energy-generating facility will not block, interfere or otherwise impair a scenic vista or view for an adjoining residential structure.

(3) The wind energy-generating facility and its location on the property involved shall be designed to eliminate any nuisances to surrounding properties and to limit any noise from said wind energy-generating facility from being heard off the property where said wind energy-generating facility is located. The actual side and rear yard setbacks for a wind energy-generating facility shall be determined by the Planning Board and shall be based upon the height of the proposed wind energy-generating facility.

(4) The wind energy-generating facilities shall be limited to a maximum height of 120 feet to the tip of the blade at its highest position.

(5) No variance shall be granted in connection with a proposed wind energy-generating facility to permit a height greater than 300 feet or the placement of a wind energy-generating facility so close to a property line as to result in any portion of said wind energy-generating facility at any time, whether erect or in the event that the wind energy-generating facility should fall or be toppled, from overhanging, crossing or otherwise extending beyond the property line of the property upon which it is located.

(6) No wind energy-generating facility shall be located in any required front yard area.

(7) The minimum lot size required for the erection, construction or placement of a wind energy-generating facility on a property shall be five acres.

(8) No more than one wind energy-generating facility shall be permitted per parcel.

B. Communications equipment, such as dish or disc antennas, satellite antennas, television or radio towers and similar devices, shall be permitted as an accessory use/structure to a commercial or industrial use in accordance with the following requirements:

(1) Communication towers shall be limited to a maximum height of 100 feet.

(2) No communications equipment shall be located in any required front yard area.

(3) Communications equipment shall not be attached to the front facade or roof area of any structure or building.

(4) When any dish, disc or satellite antennas is located within 20 feet of adjoining property, it shall be screened with plant material to the extent practical to reduce unsightly appearance without affecting performance.

(5) No communications equipment shall be permitted which causes interference or problems for adjoining properties' communications equipment or receipt of television, radio or other communications signals.

(6) Wherever practical or possible, communications equipment shall be so located on a property so as not to be visible from the street.

C. Solar energy-generating facilities shall be permitted as an accessory use/structure in connection with any residential, agricultural, recreational, commercial or industrial use when they meet the following standards.

(1) Solar energy-generating facilities shall be permitted as a rooftop installation subject to the following:

(a) The solar energy-generating facilities shall not exceed a height of eight inches above the roof when attached to a residential dwelling unit.

(b) Solar energy-generating facilities used in conjunction with a commercial or industrial use shall be screened from the view of persons at ground level by a parapet or similar means.

(c) In no event shall the placement of solar energy-generating facilities result in a total height, including the building and panels, greater than the maximum building height permitted in the subject zone district for a principal structure.

(d) When solar energy-generating facilities are located within 20 feet of an adjoining property, they shall be screened to the extent practical to reduce unsightly appearance without affecting performance.

(e) Wherever practical or possible, solar energy-generating facilities shall be so located on a property so as not to be visible from the street.

(2) Solar energy-generating facilities shall be permitted as ground arrays in accordance with the following standards:

(a) All ground arrays shall be set back from all property lines a distance equal to or greater than the set back required for an accessory structure within the subject zone.

(b) Ground arrays shall not be permitted in a front yard.

(c) When utilized as an accessory to an agricultural use, solar ground arrays, in addition to being subject to § 405-34C(2)(b) through (g), shall be set back a minimum distance of 100 feet from any property line.

(d) Wherever practical or possible, ground arrays shall be so located on a property so as not to be visible from the street. Installation of vegetation or other materials may be required to satisfy this requirement.

(e) Ground arrays shall not exceed a height of 15 feet.

(f) Ground arrays shall be considered impervious and shall be calculated as a percentage of lot coverage.

(g) Ground arrays shall be located to eliminate any nuisances to surrounding properties.

(h) Ground arrays shall not block, interfere or otherwise impair a scenic vista or view for an adjoining residential structure.

D. Wind and solar energy-generating facilities and communications facilities shall not be used for displaying any advertisement except for reasonable identification of the manufacturer or operator of the system. In no case shall any identification be visible from a property line or public right-of-way.

E. The design of wind and solar energy systems and communications facilities shall, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend the facility into the natural setting and existing environment.

F. The primary purpose of solar and wind energy-generating facilities is to provide power for the principal use of the property where said facility is located and shall not be for the generation of power for commercial purposes, although this provision shall not be interpreted to prohibit the sale of excess power generated from time to time from a solar or wind energy-generating facility designed to meet the energy needs of the principal use.

G. The annual energy-generating capacity of a solar or wind energy-generating facility shall be limited to the previous calendar year's energy demand plus 10% or to occupying no more than 1% of the subject parcel, whichever is less.

H. The limit on the annual energy-generating capacity established pursuant to Subsection G shall not include energy generated from facilities, structures or equipment existing on the roofs of principal buildings as of the effective date of this section.

I. Construction and erection of wind and solar energy facilities and communications equipment shall be subject to the Uniform Construction Code and shall at no time constitute a threat to public safety or welfare.

J. Approvals required.

(1) No solar or wind energy-generating facility or communications facility shall be established or constructed unless a construction permit, and a zoning permit evidencing the compliance of such use or structure with the provisions of this section, shall have first been issued.

(2) Site plan approval in accord with Article XI of this chapter of the Township Code shall be required for all ground-mounted solar panels proposed in conjunction with a commercial, industrial, mixed-use, or residential use involving three or more dwelling units.

§ 405-35 Renewable energy facilities.

[Added 11-19-2009 by Ord. No. 643]

Notwithstanding the requirements contained in § 405-34 of this article, renewable energy facilities approved by the Upper Deerfield Township Planning Board shall be subject to the requirements contained in § 405-56B through I, inclusive, of this chapter.