Township of Deerfield, NJ Article XI Supplementary District Regulations

§ 120-105 Accessory use structures or uses.

A. In all zoning districts, any structure or use, allowed as a customary and incidental use or structure in connection with a permitted use on the same lot, shall be set back from the rear and side yard property lines as provided in the Schedule of District Regulations for the zoning district in which they are located. If the height of the proposed accessory use or structure, exceeds a set back distance as stipulated in the Schedule of District Regulations for the zoning district in which it is to be located, then the setback from the side and rear yards shall be no less than 10 feet or the height of the structure, whichever is greater. Unless specifically permitted by the Land Use Board in site plan review, no accessory structure shall be located in front of the front yard building setback line.

B. The accessory use shall be used in computation of building and total lot coverage if deemed to have created an impervious cover to the ground whereon it is located. For example, a garden shed set on cement blocks shall not be deemed to have made the ground beneath impervious.

§ 120-106 Conversion of dwellings.

The owner of any dwelling constructed prior to January 1, 1978, having three or more bedrooms and which dwelling is in conformance with the regulations of the district in which it is located, may convert such dwelling into two or more one-family dwelling units, but only upon compliance with the following terms and conditions:

A. There shall be no more than one dwelling unit resulting from conversion for every one acre of land contained in the involved lot within any designated center, and no more than one dwelling unit resulting from conversion for every 1 1/2 acres of land contained in the lot involved outside designated centers. Within a designated center, the number of units resulting from a conversion may be increased to one dwelling unit for each quarter acre of land contained in the involved lot if public sanitary sewer is available to the property involved.

B. Each dwelling unit resulting from a conversion shall contain at least two rooms in addition to a bathroom and kitchen and shall encompass a minimum of 600 square feet of habitable floor area.

C. Each room resulting from such conversion shall have safe, adequate and convenient means of access and egress which complies with the requirements of the Hotel and Multiple Dwelling Law, N.J.S.A. 55:13A-1 et seq. Also, in compliance with said Hotel and Multiple Dwelling Act, each unit resulting from such conversion shall be of reasonable size for the use intended and shall have adequate light and air from the outside.

D. The ground floor area of the original dwelling shall not be enlarged nor the number of stories increased in connection with any dwelling unit conversion. The provision of stairways in connection with access and firesafety regulations shall not be considered an enlargement of the ground floor area for purposes of this subsection.

E. There shall be no external entrance that faces a street and that is separate from any other external entrance to any dwelling in the same structure on the same lot facing the same street, but this restriction shall not apply to two or more entrances in existence on the date of this chapter's enactment. In addition, the present existing exterior architectural design of the original dwelling shall be maintained to the greatest extent possible to preserve the single-family dwelling character of the neighborhood.

F. Each dwelling unit resulting from such conversion shall have provided sufficient off-street parking in accordance with § 120-112.

G. Each dwelling unit shall conform to all applicable codes.

§ 120-107 Fences, walls and hedges.

[Amended 11-2-2005 by Ord. No. 2005-10]

A. In any zoning district, fences, walls and hedges, except retaining walls, may be located within yard areas so long as they do not encroach on public rights-of-way or neighboring properties, provided that any fence, wall or hedge along the front and side edges of any front yard shall not exceed a height of 2.5 feet or four feet where the fence, wall or hedge is more than 25% opaque or be in conflict with the provisions of § 120-94, Visual obstruction. The front and side edges of the front yard shall be defined as being located one foot parallel from the front yard lines. For purposes of this section, a "hedge" shall be defined as any clustering or configuration of plant material in such a manner as to permanently or temporarily prohibit or inhibit unrestricted travel between properties or portions of properties or between the street or public rights-of way and a property. No fence, wall, fence-like or wall-like structure shall be erected without first obtaining a permit from the Zoning Officer. Fences and walls may also require a construction permit. All retaining walls shall require both a zoning and construction permit.

B. The Land Use Board may modify the above noted requirements upon requests wherein it is deemed reasonable and appropriate to require the installation of a buffer between two properties in order to shield a residential use from a nonresidential use on an adjoining property or from some other objectionable condition such as a heavily traveled thoroughfare, or to provide privacy to side or rear yard residential property.

C. At the intersection of two or more streets or driveways and a street or driveways in any zoning district, no fences, walls or hedges, other than a signal post or tree, which is higher than three feet above curb level, nor any obstruction to vision, shall be permitted in the triangular area formed by the intersecting street lines and a line joining each 30 feet distant from said intersection along said street lines.

D. Every fence or wall shall be maintained in a safe, structurally sound, upright condition and in accordance with the approved plan on file with the Construction Official or Zoning Officer. If the Zoning Officer or Construction Official, upon inspection, determines that any fence or wall or portion of any fence or wall is not being maintained in a safe, structurally sound, upright condition, said Officer or Official shall notify the owner or said fence in writing of his findings and state briefly the reasons for such findings and order such fence or wall or portion of fence or wall repaired or removed in accordance with the provisions of § 120-152 herein.

E. In any zone, fences or walls hereafter erected shall be set back a minimum of one foot from the property line, and stringer or cross pieces shall face inward.

F. Except for permitted farm uses, the following fences and fencing materials are specifically prohibited: barbed wire fences, razor-wire fences, sharp pointed fences, canvas, cloth, and electrically charged fences.

G. No fence or wall hereafter erected, altered or reconstructed in any residential zoning district or any commercial zoning district shall exceed seven feet in height. Fences in all other zones shall not exceed a height of 10 feet.

H. The foregoing restrictions shall not be applied so as to prevent the erection of an open wire or chain link fence exceeding 15 feet in height above ground level anywhere within a public park, public playground or public school properties. These restrictions shall also not be applied so as to restrict the erection of a wall for the purpose of retaining earth.

§ 120-108 Floodplain delineation and management.

A. Purpose. The specific purpose and intent of this section is to prevent excessive and unsafe development in areas deemed unfit by reason of flood danger, unsanitary conditions and related hazards; to minimize danger to public health by protecting water supplies, groundwater recharge and natural drainage systems; and to promote the health, safety and welfare of the residents of Deerfield Township who live or own property in or near streams and areas subject to flooding. (See also Chapter 97 of the Code of the Township of Deerfield.)

B. Floodplain delineation. The areas of special flood hazard identified by the Federal Insurance Administration on its Flood Insurance Rate Map (FIRM), are hereby adopted by reference and declared to be a part of this chapter. The FIRM is on file in the Construction Official's Office, Municipal Building, 350 Landis Avenue, Rosenhayn, New Jersey 08352.

C. Floodplain management. The standards and regulations set forth herein shall apply to all areas defined as floodplains, flood ways or flood hazard areas as defined by this chapter.

(1) Permitted uses:

(a) Within the floodway of any floodplain area, the following uses, excluding structures, and no other shall be permitted:

[1] Pasture and grazing land.

[2] Recreational areas not requiring regrading or removal of trees, shrubs or ground cover, such as a park, picnic grove or boating club, but excluding closed structures or storage areas.

[3] Game farm or fish hatchery.

[4] Hunting and fishing preserve.

[5] Wildlife sanctuary, woodland preserve or arboretum.

[6] Open spaces needed to meet yard and area requirements for any permitted use in the zoning district which said use is located.

(b) Within the remaining portions of floodplain areas, all uses listed in listed in Subsection C(1)(a) above, together with those uses permitted and regulated by this chapter for the zoning district in which the area is located as said zoning districts are set forth and delineated on the Zoning Map of Deerfield Township, shall be permitted, provided that:

[1] The minimum lot area shall be two acres.

[2] The maximum lot coverage shall be 5%.

[3] Any structure proposed to be erected, constructed or located shall not have a basement.

[4] First floor elevations of any structure or structures shall have their lowest floor elevation at or above the one-hundred-year flood elevation based on the FIRM map or an engineering study of the one-hundred-year floodway of any adjoining stream, whichever is greater.

[5] Any proposed use shall be subject to site plan review as provided in § 120-42.

[6] Any new construction or substantial improvements shall be provided for with:

[a] Protection against flood damage.

[b] Is designed (or modified) and anchored to prevent flotation, collapse or lateral movement of the structure.

[c] Uses construction materials and utility equipment that are resistant to flood damage.

[d] Uses construction methods and practices that will minimize flood damage.

[e] Compliance with Chapter 97 of the Code of the Township of Deerfield as amended and supplemented.

[7] New or replacement water supply systems and/or sanitary sewer systems are to be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters, and on-site waste disposal systems are to be located so as to avoid impairment to them or contamination from them during flooding conditions.

[8] No vegetation removal or regrading of the site shall be carried out unless expressly permitted by the Deerfield Township Land Use Board after site plan review and a determination by said Board that any land disturbance activity is the minimum required to accomplish the use to be permitted.

(c) Where less than 20% of an existing lot is located within a floodplain area, the uses as permitted and regulated by this chapter for the zone district in which the area is located shall apply, provided that no structures are placed within the floodplain area. In the case of lots split by the floodplain area designation, all construction and accompanying land disturbance activities shall take place outside the floodplain area, and all minimum yard dimensions and maximum lot coverage of the entire tract or lot shall be observed, unless construction within or land disturbance of the floodplain is permitted in accordance with the provisions of this section.

(d) No nonconforming uses created as a result of the enactment of these regulations shall be expanded or rebuilt or reestablished in the event of their destruction or abandonment, except as provided in this section.

(2) Municipal liability. The granting of a zoning permit in the floodplain area shall not constitute a representation, guaranty or warranty of any kind by the Township of Deerfield or by any official or employee thereof of the practicability and safety or floodplain status of the proposed use or structure, nor shall the granting of a permit create any liability upon the Township of Deerfield, its officials or employees.

(3) Within any floodplain area, the provisions of § 120-95 herein shall apply and any uses within wetlands transitions areas shall be in accordance with the above cited § 120-98 herein.

§ 120-109 Forestry and clear-cutting and/or woodcutting generally.

A. Purpose. It is intent and purpose of this section to recognize that woodlands are an important ecological, scenic and economic resource worthy of protection and stewardship. Proper management of this resource will insure its maintenance for all forest benefits including but not limited to watershed protection, wildlife habitat, recreational opportunities, the natural aesthetic appearance of the community, and the economic returns of harvested timber. For these reasons, the woodlands must be preserved, protected, enhanced and maintained. The forestry regulations set forth hereinbelow is intended to meet these objectives by providing opportunities for the continuing use of the Township's forest resources which are compatible with the maintenance of the environment. This can be accomplished by the improvement of the forests through the application of sound management practices.

B. Permit required. No forestry shall be carried out by any person unless a permit for such activity has been issued by the Township Zoning Officer. Notwithstanding this requirement, no such permit shall be required for the following forestry activities:

(1) Normal and customary forestry practices on residentially improved parcels of land that are five acres or less in size;

(2) Tree harvesting, provided that no more than one cord of wood per five acres of land is harvested in any one year and that no more than five cords of wood are harvested form the entire parcel in any one year.

(3) Tree planting, provided that the area to be planted does not exceed five acres in any one year and no soil disturbance occurs other than that caused by the planting activity;

(4) Forest stand improvement designed to selectively thin trees and brush, provided that no clearing or soil disturbance occurs and that the total land area on the parcel in which the activity occurs does not exceed five acres in any one year;

(5) Prescribed burning and the clearing and maintaining of fire breaks; and

(6) Removal of any dead, diseased or other tree that is likely to endanger life or property.

C. Forestry application requirements: The information required as set forth below shall be submitted to the Township Zoning Officer prior to the issuance of any forestry permit:

(1) For forestry activities on a parcel of land enrolled in the New Jersey Forest Stewardship Program, a copy of the approved New Jersey Forest Stewardship Plan. This document will shall serve as evidence that the activities are consistent with the Township's forestry regulations as contained herein.

(2) For forestry activities on a parcel of land approved for woodland assessment that is not enrolled in the New Jersey Forest Stewardship Program:

(a) A copy of the woodland management plan, the scaled map of the parcel and a completed woodland data form, prepared pursuant to the farmland assessment requirements of N.J.A.C. 18:15-2.7 through 18:15-2.15.

(b) If not already contained in the woodland management plan required in Subsection C(1) above, the following shall be submitted:

[1] The applicant's name, address and interest in the subject parcel;

[2] The owner's name and address, if different from the applicant's, and the owner's signed consent to the filing of the application;

[3] The block and lot designation and street address, if any, of the subject parcel;

[4] A brief written statement generally describing the proposed forestry activities; and

[5] The relevant portion of a USGS quadrangle map, or copy thereof, and a copy of the relevant portion of the municipal Tax Map sheet on which the boundaries of the subject parcel and the municipal zoning designation are shown.

(c) A scaled map or statement indicating how the standards set forth in Subsection C(2), (3), (4), (6), (9) and (10) below will be met;

(d) A letter from the Office of Natural Lands Management indicating whether any threatened or endangered plants or animals have been reported on or in the immediate vicinity of the parcel and a detailed description of the measures proposed by the applicant to meet the standards for the protection of such plants and animals set forth in §§ 120-77A and 120-93A of this chapter;

(e) Unless the Land Use Board determines that it is unnecessary, a cultural resource survey documenting cultural resources on those portions of the parcel where ground disturbance due to site preparation or road construction will occur and a detailed description of the measures proposed by the applicant to treat those cultural resources in accordance with § 120-78 of this chapter.

(f) A statement identifying the type, location and frequency of any proposed herbicide treatments and how such treatments will comply with the standards set forth in Subsection D(7) below;

(g) A statement identifying the specific steps to be taken to ensure that trees or areas to be harvested are properly identified so as to ensure that only those trees intended for harvesting are harvested;

(h) A letter from the New Jersey State Forester indicating that the proposed forestry activities adhere to the silvicultural practices contained in the Society of American Foresters Forestry Handbook, Second Edition, pages 413 through 455;

(i) A letter from the New Jersey State Forester commenting on extent to which the proposed forestry activities are consistent with the guidelines contained in the New Jersey Forestry and Wetlands Best Management Practices Manual developed by the Department of Environmental Protection and Energy. If the letter indicates that the proposed activities are not consistent with the Best Management Practices Manual, the applicant must submit a written statement addressing the inconsistencies in terms of their potential impact on the standards set forth in Subsection D(8) and (9) below.

(3) For forestry activities on a parcel of land that has not been approved for woodland assessment and is not enrolled in the New Jersey Forest Stewardship Program:

(a) The information required in Subsection C(2)(b) through (i) above; and

(b) A forestry activities plan which includes, as appropriate:

[1] A cover page for the forestry activity plan containing:

[a] The name, mailing address and telephone number of the owner of the subject parcel;

[b] The municipality and county in which the subject parcel is located;

[c] The block and lot designation and street address, if any, of the subject parcel;

[d] The name and address of the forester who prepared the plan, if not prepared by the owner of the subject parcel; and

[e] The date the plan was prepared and the period of time the plan is intended to cover.

[2] A clear and concise statement of the owner's objectives for undertaking the proposed forestry activities, silvicultural prescriptions and management practices;

[3] A description of each forest stand in which a proposed activity, prescription or practice will occur. These stand descriptions shall be keyed to an activity map and shall include, as appropriate, the following information:

[a] The number of acres;

[b] The species composition, including over story and under story;

[c] The general condition and quality;

[d] The structure, including age classes, diameter breast height (DBH) classes and crown classes;

[e] The overall site quality;

[f] The condition and species composition of advanced regeneration when applicable; and

[g] The stocking levels, growth rates.

[4] A description of the forest activities, silvilcultural prescriptions, management activities and practices proposed during the permit period. This may include, but are not necessarily limited to, a description of:

[a] Stand improvement practices;

[b] Site preparation practices;

[c] Harvesting practices;

[d] Regeneration and reforestation practices;

[e] Improvements, including road construction, stream crossings, landings, loading areas and skid trails; and

[f] Herbicide treatments.

[5] A description, if appropriate, of the forest products to be harvested, including the following:

[a] Volume, cords, board feet;

[b] Diameter breast height (DBH) classes and average diameter;

[c] Age;

[d] Heights; and

[e] Number of trees per acre.

[6] A property map of the entire parcel which includes the following:

[a] The owner's name, address and the date the map was prepared;

[b] An arrow designating the North direction;

[c] A scale which is not smaller than one inch equals 2,000 feet or larger than one inch equals 400 feet;

[d] The location of all property lines;

[e] A delineation of the physical features such as roads, streams and structures;

[f] The identification of soil types (a separate map may be used for this purpose);

[g] A map inset showing the location of the parcel in relation to the local area;

[h] Clear location of the area and acreage in which each proposed activity, prescription or practice will occur. If shown on other than the property map, the map or maps shall not the scale, which shall not be smaller than one inch equals 2,000 feet or larger than one inch equals 400 feet, and shall be appropriately keyed to the property map; and

[i] A legend defining the symbols appearing on the map.

D. Forestry standards. Forestry operations shall be approved if the standards set forth below will be met:

(1) All silvilcultural practices shall be conducted in accordance with the standards set forth in the Society of American Foresters Forestry Handbook, Second Edition, pages 413 through 455. Submission of an approved New Jersey Forest Stewardship Plan or the letter required pursuant to Subsection C(2)(h) above shall serve as evidence that this standard is met;

(2) Any newly developed access to lands proposed for harvesting shall avoid wetland areas except as absolutely necessary to harvest wetlands species or to otherwise gain access to a harvesting site.

(3) All silvicultural and reforestation practices shall serve to maintain native forests, except in those areas where non-native species area proposed to be harvested;

(4) All forestry activities and practices shall be designed and carried out so as to comply with the standards for the protection of threatened and endangered plants and animals set forth in §§ 120-98J and 120-93A of this chapter;

(5) All forestry activities and practices shall be designed and carried out so as to comply with the standards for the land application of waste set forth in N.J.A.C. 7:50-6.79;

(6) All forestry activities and practices shall be designed and carried out so as to comply with the standards for the protection of historic and archaeological and cultural resources as set forth in § 120-78;

(7) Herbicide treatments shall be permitted, provided that:

(a) The proposed treatment is identified in the forestry application submitted to the Zoning Officer pursuant to Subsection C(2)(f) above;

(b) Control of competitive plant species is clearly necessary;

(c) Control of competitive plant species by other, nonchemical means is not feasible; and

(d) All chemicals shall be expressly labeled for forestry use and shall be used in a manner that is consistent with relevant state and federal regulations;

(8) A vegetated stream side management zone shall be maintained or established adjacent to streams, ponds, lakes and marshes, except that no stream side management zone shall be required when Atlantic White Cedar is proposed to be harvested or reestablished. The stream side management zone shall be at least 25 feet in width. Where soils are severely erodible, slopes exceed 10% or stream side vegetation is not vigorous, the stream side management zone shall be increased up to a maximum of 70 feet to buffer the water body from adjacent forestry activities. Submission of an approved New Jersey Forest Stewardship Plan or a letter from the State Forester indicating that the proposed forestry activities are consistent with the New Jersey Forestry and Wetlands Best Management Practices Manual shall serve as evidence that this standard is met;

(9) Stream crossings, access roads, timber harvesting, skid trails, log decks, portable sawmill sites, site preparation, and reforestation shall be designed and carried out so as to minimum changes to surface and ground water hydrology; minimize changes to temperature and other existing surface water quality conditions; prevent unnecessary soil erosion, siltation and sedimentation; and minimize unnecessary disturbances to aquatic and forest habitats. Submission of an approved New Jersey Forest Stewardship Plan or a letter from the State Forester indicating that the proposed forestry activities are consistent with the New Jersey Forestry and Wetlands Best Management Practices Manual shall serve as evidence that this standard is met; and

(10) A copy of the forestry permit issued by the Township Zoning Officer shall be conspicuously posted on the parcel which is the site of the forestry activity.

E. Administration of forestry.

(1) Applications for forestry permits to the Zoning Officer and shall be accompanied by an application fee and escrow deposit, where applicable, as set forth in § 120-142D(3).

(2) Within 14 days of receipt of an application, the Zoning Officer shall determine whether the application is complete and, if necessary, notify the applicant in writing of any additional information which is necessary to complete the application. Should the Zoning Officer fail to make such a determination within 14 days, the application shall be considered to be complete as of the 15th day following submission.

(3) Within 45 days of determining an application to be complete pursuant to Subsection E(2) above, or within such further time as may be consented to by the applicant, the Zoning Officer shall issue a forestry permit if the activities proposed in the application comply with the standards in § 120-109C above or disapprove any application which does not meet the requirements of § 120-109C above. Any such notice of disapproval shall specifically set forth the deficiencies of the application.

(4) Upon receipt of a notice of disapproval pursuant to Subsection E(3) above, the applicant shall have 30 days in which to correct the deficiencies and submit any necessary revisions to the application to the Zoning Officer for review. The Zoning Officer shall review the revised application to verify conformity with the standards in § 120-109C above and shall, within 14 days of receipt of the revised application, issue a forestry permit or disapprove the application pursuant to Subsection E(3) above.

(5) Failure of the Zoning Officer to act within the time period prescribed in Subsection E(3) and (4) above shall constitute approval of the forestry application as submitted. At the request of the applicant, a certificate as to the failure of the Zoning Officer to act shall be issued by the municipality and it shall be sufficient in lieu of the written endorsement or other evidence of municipal approval required herein.

(6) Once issued, forestry permits shall be valid for a period of 10 years. No single applicant or property owner in any one calendar year shall be issued:

(a) More than two permits for ongoing forestry operations at any one time. Issuance of further permits shall be dependent upon the Zoning Officer's certification that woodcutting for one or both of the current permits has been completed in a satisfactory manner as provided herein and such certification shall not be unreasonably withheld.

(b) More than a total of three permits regardless of the acreage involved in any one or all three permits.

(7) Anything to the contrary notwithstanding, no more than 1,000 acres within the Township shall be subject to harvesting in any given year. During any one calender year only one forestry permit shall be issued for any one tract or parcel of land regardless of the said parcel or tract size, ownership or the applicant involved. The Zoning Officer shall maintain a current tally of the number of active forestry permits issued.

F. Administrative fees. Upon the issuance of a forestry permit pursuant to Subsection E(3) above, the applicant shall be required to pay an administrative fee as per § 120-142D(2) of this chapter which shall serve as reimbursement for any administrative costs incurred by the Township during the ten-year permit period. The applicant shall not be subject to any additional fees or escrow requirements for the duration of the forestry permit.

G. Notification of harvesting. No harvesting shall be commenced until the applicant has provided the Zoning Officer with 72 hours written notice of the intention to begin harvesting operations.

H. Woodcutting or clear-cutting of small tracts; filing of letter of intent.

(1) Letter of intent.

(a) Prior to cutting wood on any tract or parcel of land within the Township of less than five acre and which is not subject to a forestry regulations as set forth herein Sections A through G above, the person proposing to cut wood shall file with the Township Zoning Officer a letter of intent to undertake woodcutting as required in Subsection H(2) below, The letter of intent shall be delivered to the office of the Township Zoning Officer or sent by certified mail to said office at least 10 days before commencing said woodcutting operation. No woodcutting shall commence until 10 days after the letter of intent is submitted or sent by certified mail to the Zoning Officer.

(b) Notwithstanding the provisions herein, the requirement for filing a letter of intent to undertake woodcutting or clear-cut any tract or parcel of land as required hereinabove shall not be applicable to:

[1] Any tree located on a parcel of land one acre or less in size on which a residence has been constructed or is being constructed (building permit issued);

[2] Any tree located on a parcel of land proposed for development which has received approval of the Land Use Board or a zoning permit and which has as part of the process of obtaining said approval or permit addressed the issue of the removal of trees from the land proposed for development;

[3] Any tree growing on property actually being used as a nursery, garden center, Christmas tree plantation, an orchard or any other bona fide agricultural or horticultural use or activity;

[4] Any tree growing on a public right-of-way or on land being used for a sanitary landfill;

[5] Any tree to be cut for personal use by the owner; or

[6] Any dead, diseased, or other tree that is likely to endanger life or property provided that said tree cutting does not involve more than five trees or the clear-cutting or more than one acre of land.

(2) The letter of intent required to be filed with the Zoning Officer as noted in Subsection H(1) above, shall include the following:

(a) The name, current address and telephone number of the person proposing to undertake the woodcutting.

(b) The address including Township Tax Map block and lot numbers for the parcel(s) wherein the proposed woodcutting is to occur.

(c) The name and address of the owner of the property identified in Subsection H(2)(b) above where the woodcutting is to take place.

(d) If the property wherein the woodcutting is to take place is now owned by the person proposing to cut wood, documentation from the owner of the property that the person proposing to cut wood has permission to do so.

(e) The estimated amount of wood to be cut and a brief identification of the number, type and size of trees to be cut.

(f) A schedule for when the woodcutting is to take place.

(g) The purpose of the woodcutting, e.g., to clear land for permitted development, sale of wood, removal of diseased or damaged trees.

(3) All woodcutting or clear-cutting of a property shall conform to the following requirements:

(a) No woodcutting operation shall involve more than two separate tracts or parcels of land as shown on the current Tax Map of the Township.

(b) During any one calendar year only one woodcutting operation shall be allowed on any one tract or parcel of land regardless of the said parcel or tract size, ownership or the person undertaking the woodcutting unless authorized by the Land Use Board.

(4) Review.

(a) Upon receipt of a letter of intent to undertake woodcutting or clear-cutting of a tract or parcel of land as required herein, the Zoning Officer shall review said letter to assure that the proposed woodcutting or clear-cutting activity is in accordance with the requirements of applicable regulations. If the activity is in compliance with said requirements, the Zoning Officer shall maintain a log of the activity for reference and further action if required as result of violation of the said requirements during the woodcutting or clear-cutting activity.

(b) If the review of the letter of intent by the Zoning Officer is not in compliance with the requirements of applicable regulations, then the Zoning Officer shall immediately notify the person filing the letter of intent of said noncompliance and prohibiting said woodcutting or clear-cutting from commencing. Once woodcutting or clear-cutting has already commenced, the Zoning Officer shall notify the person filing the letter of intent of any noncompliance and a cease work order until said noncompliance is corrected.

§ 120-110 Home occupations.

For purposes of this section, a home occupation, a home professional occupation, and a commercial home occupation as defined in § 120-5 shall be subject to the following conditions and requirements:

A. A home-based business or occupation operated by a resident or residents of the dwelling unit wherein said business is located shall be permitted in all residential districts within the Township as an accessory use as set forth in the Schedule of District Regulations, subject to the issuance of a zoning permit and complying with the following requirements:

(1) The home occupation shall employ only residents of the dwelling and no more than one nonresident in the dwelling wherein the business is located. There shall be only one home occupation per residence or dwelling unit.

(2) The home occupation use shall be clearly incidental and secondary to the use of the dwelling for residential purposes and the exterior appearance of the structure or premises is designed, constructed and maintained as a residential dwelling. No goods shall be displayed on the premises or visible from the street unless the owner of a home occupation obtains a variance from the Land Use Board to have an artisan's display as provided for in § 120-136B of this chapter. Additionally, the home occupation shall be located within a dwelling unit suited to the business or occupation to be undertaken therein and shall be on property capable of supporting parking for its employees and clients or guests in addition to that required for the home itself. The home occupation shall have no more deliveries or visitors than would be expected of a residential dwelling.

(3) No more than 25% of the principal residential structure, nor more than 750 square feet of any accessory structure shall be used or occupied by the home occupation.

(4) Parking spaces required to be provided in accordance with the provisions of § 120-113 herein this chapter in addition to those required for the residential unit(s) shall not be located in any required front yard areas. Parking requirements shall be based on § 120-113 based on the type of occupation or business activity is being undertaken. In no case shall parking requirements be in excess of three additional parking spaces in addition to those required for a residential use. Where parking spaces required exceed a total of three spaces, then a minor site plan shall be required to be submitted to the Land Use Board to assure that improvements regarding off-street parking, driveways, buffers and screening, sidewalks, lighting as provided for in Article IX shall be provided and that the site is made suitable to permit same.

(5) Signs as provided for in § 120-115 of this chapter are permissible and subject to the requirements of § 120-115 and in particular § 120-115D(15).

(6) In the case of a bed-and-breakfast, in addition to the cited conditions listed hereinabove, the following additional conditions shall be met:

(a) The use shall comply with all provisions of N.J.A.C. 5:23-9.8; and

(b) Shall not be permitted within a mobile home or apartment.

(7) All applications for home occupations shall be subject to review by the Construction Official and the issuance of a certificate of occupancy.

B. Commercial home occupation.

(1) It is the intent of this subsection to allow more intense, commercial type activity as a home occupation within designated centers of the community, i.e., the Village of Carmel and the Town of Rosenhayn. The mixing of commercial and residential activity is intended to recreate and permit within reasonable limits activities which historically occurred in small villages and towns and which defined their sense of place.

(2) The commercial home occupation is different from a home occupation in that it is intended to permit residents within the boundaries of the Village of Carmel and the Town of Rosenhayn as delineated on the adopted Master Plan of the Township and specifically zoned districts therein, to conduct from their home commercial activities in a scope, operation and size commensurate with the density of the Village or Town in which said home is located and to permit a more intense commercial use of a residential property than otherwise permitted for a home or home professional occupation. The occupation, artistic pursuit, craft or commercial home occupation use to be conducted for gain or support of the resident owner shall be directly related to serving the needs of the Village of Carmel or the Town of Rosenhayn, its residents or visitors.

(3) A commercial home occupation shall be allowed as an accessory use to a detached, single-family, residential dwelling as provided in the Schedule of District Regulations subject to the following conditions:

(a) The residence wherein the commercial home occupation is to be located shall be on an arterial or collector street within a Center Mixed Use Zoning District.

(b) The resident owner of the dwelling wherein the commercial home occupation is located must own the commercial home occupation. As noted herein above, the commercial home occupation is considered a conditional and accessory to the residential use of the dwelling and shall cease operation when the owner of the dwelling moves or sells the residence wherein the commercial home occupation is located.

(c) A home commercial occupation shall be carried out as prescribed in Subsection B(1) and be subject to the following conditions and standards:

[1] The commercial home occupation must be located within a detached, single-family residential structure.

[2] The home commercial occupation shall be clearly incidental and secondary to the primary residential use of the structure in which it is located. To this end, allowable area to be used or occupied by the commercial home occupation shall be no more than 35% of the principal residential structure, or in more than 1,000 square feet of any accessory structure.

[3] The exterior appearance of the structure or premises may be modified to allow for the display of goods or the placement of an artisans display as per § 120-136B herein this chapter. No display of goods shall be closer than 10 feet to a street right-of-way line. The use of porches to display goods shall be permissible for commercial home occupations in accordance with the provisions of § 120-136B of this chapter.

[4] The occupation, artistic pursuit, craft or commercial activity is to be intended to serve needs of the Village of Carmel and the Town of Rosenhayn and their environs as defined by the center zoning district boundaries and the adopted Township Master Plan, and visitors drawn to them by familial, cultural, ecological, recreational or historical resources or events therein. For purposes of this subsection, "commercial activity" shall be limited to products or services related to the Village or Town residents' or visitors' needs and merchandise related to or indicative of the Village's or Town's culture, ecology, history, and recreational resources, or similar products; and general services like hairstyling, professional services, business or financial services and similar service activities including those catering to tourists or visitors.

[5] A commercial home occupation shall operate at times as allowed by the Land Use Board to be determined at the time of site plan review.

[6] A commercial home occupation shall provide sufficient parking as determined by the standards in § 120-81 herein either on- or off-site. In computing required parking spaces to be provided within the Village of Carmel or Town of Rosenhayn, the Land Use Board may consider existing on street parking available to grant a waiver form some or all parking as provided in § 120-81A of this chapter. Additionally, a commercial home occupation which provides on-site parking shall provide pedestrian accessways for the use of its customers and patrons.

[7] Site plan review and approval shall be required for any commercial home occupation as set forth in § 120-42 of this chapter. In reviewing the site plan, the Land Use Board shall require sufficient buffers or limitations on hours of operations to avoid unnecessary or unreasonable detrimental effects on adjoining residential properties from the more intense commercial style activities herein allowed. In meeting this criteria, the Land Use Board shall be guided in determining the degree of buffer or limitation on whether or not the adjoining residential use also includes a home, home professional or commercial home occupation.

(4) Any activity not conforming to the provisions contained herein this section shall be deemed to be a commercial or business use and treated accordingly as set forth in this chapter for such commercial or business use. In the event that any home occupation, home professional occupation or home commercial occupation exceeds the limits and restrictions of this section as reasonably determined by the Land Use Board, then it shall be deemed a commercial or business activity subject to compliance with this chapter including the obtaining of a variance for said activity.

§ 120-111 Keeping of animals and livestock, and kennels and/or animal hospitals.

[Amended 4-20-2011 by Ord. No. 2011-4]

The keeping of animals and/or livestock and the use and operation of kennels and/or animal hospitals shall be in accordance with the following conditions:

A. Any and all types of agriculture and animal husbandry are permitted in all zones, provided they are not detrimental to the environment or public health and welfare. The conduct of such activities shall not be such as to cause erosion or other soil damage, to impair the quality of ground or surface water or air quality. Neither shall such activities result in odors beyond the property lines of the parcel on which they are conducted. In all zones other than an A-Agriculture Zone, the following shall apply:

(1) Livestock. No livestock shall be maintained on any lot of less than acre in area. Not more than one head of livestock shall be maintained on any lot of at least one acre but not larger than two acres. For each two acres of lot area in excess of two acres, one additional head of livestock may be maintained up to a lot size of 20 acres, after which no limitations shall apply, provided that regardless of lot size, the following regulations shall be adhered to:

(a) No building to house or shelter livestock shall be closer than 50 feet to any property line. No building to house or shelter more than one head of livestock shall be closer to any property line than 100 feet.

(b) No part of any building shall be used for the processing and/or slaughtering of livestock for commercial purposes.

(2) Fowl. No chickens or other fowl shall be maintained on any lot having an area of less than one acre. Up to 10 fowl may be maintained on any lot having an area of at least one acre but no more than two acres. Ten additional fowl may be maintained for each acre in excess of two acres up to a lot size of five acres, after which no limitations shall apply, provided that regardless of lot size, the following regulations shall be met:

(a) No building to house or shelter any fowl shall be closer than 50 feet to any lot line. No building to house or shelter more than 10 fowl shall be closer than 100 feet to any lot line.

(b) There shall be no processing and/or slaughtering of fowl for commercial purposes.

B. The keeping of common household pets such as dogs, cats, pet birds such as parakeets, parrots, songbirds or exotic birds, guinea pigs, ferrets, or other animals kept as pets and reasonably expected to be sold in a shopping-center-type pet store shall be permitted in all zoning districts, provided that the breeding and sale of such animals may be determined a commercial use by the Zoning Officer based upon the number of animals involved within a reasonable time period and the use of the property and structures thereon for such activity. When so determined a commercial activity, the property owner shall be subject to the requirements of this chapter for such commercial activity, including site plan review.

C. All fencing in connection with the enclosure of animals shall be installed no less than 10 feet from all adjacent property lines and at least 50 feet from the nearest dwelling, excluding the dwelling of animals' owner(s).

D. The above-reference limitations on various animals shall not be applicable to the A-Agriculture Zoning District or any bona fide farm as defined in this chapter, except that the keeping, breeding, or sale of all fox, mink, or animals bred for their fur, including rabbits (except in the case of one or two being kept as domestic pets), monkeys other wild or undomesticated animals which by state or federal law require a license to be kept in captivity shall be prohibited in all zone districts within the Township of Deerfield.

§ 120-112 Off-street loading requirements.

Off-street loading and maneuvering spaces shall be provided for the loading and unloading of vehicles on the lot on which is located a use for which the loading space is required. Design standards for such off-street loading and maneuvering spaces are set forth in Article IX herein this chapter. The requirements pertaining to provision of off-street loading and maneuvering spaces are set forth as follows:

A. A minimum of one off-street loading 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 users.

B. There shall be at least one central point for trash/garbage pickup in multifamily and nonresidential uses which shall be separate from parking and loading areas by locating such facility either within a building or outside of a building in a totally enclosed metal container(s), obscured from view from parking areas, streets and adjacent residential uses or zoning districts by a fence, wall, landscaping or combination of the three. If located within the building, the doorway(s) may serve both the loading and trash/garbage collections functions. If a container is used for trash/garbage collection functions and is located outside the building, it may be located adjacent to or within the general loading area(s), provided that the container(s) do not interfere with or restrict in any manner loading and unloading functions.

C. The minimum number of spaces required per specific use shall be:

(1) Funeral home: one space per 2,500 square feet of floor area. Dimensions of a loading space for this use may be reduced to 33 feet by 12 feet.

(2) Hospitals, nursing homes, assisted living facilities or similar facilities: one space per 10,000 square feet of gross floor area.

(3) Retail stores, excluding commercial home occupations: one space per 4,000 square feet of gross floor area.

(4) Office uses: one space per 20,000 square feet of gross floor area.

(5) Warehousing, indoor storage, shipping and receiving facilities: one space per 10,000 square feet of gross floor area.

(6) Research, testing, laboratory, manufacturing and assembly facilities: one space per 20,000 square feet of gross floor area.

(7) Other uses: as determined by the Land Use Board based on the above standards and the proposed use with consideration being given to the volume and frequency of loading and delivery involved and the character of the area in proximity.

D. Where any use if 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 Land Use Board that the number of spaces to be provided will be adequate to meet the needs of the specific use proposed. Proof of such sufficiency may include areas on-site where trucks waiting to unload may stand or park until the loading area is free or ready.

E. The conformance of 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.

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

F. 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.

G. 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.

H. Off-street loading spaces and maneuvering 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.

I. 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 and 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.

§ 120-113 Off-street parking requirements.

See § 120-85 for off-street parking design standards.

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 requirements shall be the sum of the component parts.

Type of Use	Minimum Parking Spaces
RESIDENTIAL USES
Single-family, detached dwelling or mobile home	2 per unit provided on lot
Two-family units (duplex)	2 per unit provided on lot
Semidetached or attached dwelling unit or townhouses 2 per unit provided on lot plus 1 per 6 units of visitor parking,
Apartments	1.5 per unit except if 2 or more bedroom units exceed 40% of unit total then 1.8 per unit provided in off-street bays
Mobile home park	2 per mobile or manufactured home space
COMMERCIAL ESTABLISHMENTS OR USES
Home occupation as per § 120-110	1 per each employee not an occupant or resident of the home in which the occupation is located, plus the requisite number of spaces required for the residential uses on the lot and any activities of the home occupation for which parking would be required such as client or customer parking, in no case to exceed five total parking spaces
Home occupation, bed and breakfast	Same as a home occupation plus 1 per each room available for occupancy by guests
Commercial home occupation hereinabove	Same as a home occupation
In the case of home occupations and commercial home occupations, the Land Use Board may grant waivers to providing on-site parking where it can be shown there is sufficient on-street or off-site parking existing within proximity of the proposed home occupation or commercial home occupation or is made available to the home occupation or commercial home occupation as set forth in § 120-110B(5) herein.
Retail store, service business	1 per 150 square feet of gross leasable floor area plus 1 for each employee
Supermarkets	1 per every 150 square feet of gross floor area, plus 1 for each employee
Service station	2.5 for each service bay
Theaters	1 for each four seats
Shopping center gross leasable floor area	5.5 per 1,000 square feet of
Bank	6 per teller window
Motels and hotels	1 per room plus 1 for each employee. If a meeting or conference room or rooms are provided, then 1 for each 4 persons of the rated capacity of said rooms. If other uses are incorporated as part of any motel or hotel, additional spaces shall be provided in accordance with this section.
Restaurant	1 per 3 seats devoted to service, plus 1 for each full-time employee
Funeral home	10 plus 1 per each 50 square feet devoted to chapel or slumber room and one for each employee
Offices:
General	1 for each 200 square feet of gross leasable floor area, plus 1 for every 2 full-time employees
Medical, dental or veterinary	6 per doctor plus 1 per doctor or employee
Wholesale store or furniture store	Exclusive of storage space, 1 per 400 square feet, plus 1 for each employee
Automotive sales or rental	1 per each 300 square feet of gross floor area, plus 1 for each employee
Flea markets	3 per each table or booth, plus 1 per employee
Auction or outdoor sale	1 per each 150 square feet of gross floor or ground area utilized for sale, plus 1 per employee present
Roadside stand	3 spaces plus 1 additional space per each 100 square feet of display area in excess of 300 square feet
COMMUNITY FACILITIES
Church, house of worship	1 for each 3 seats or at least 1 for each 50 square feet of gross floor area used or intended to be used for service to patrons, guest or members, whichever requires the greater number, plus 1 for each full-time employee
Assembly hall, auditorium or community center	1 for each 4 seats or at least 1 for each 100 square feet of floor area used or intended to be used for service to customers, patrons, clients, guests or members, whichever is greater, plus 1 per each full-time employee
Hospital	1.5 per bed
Nursing home	1 per each 3 beds
Assisted living facility	0.75 per living unit, plus 1 for each full-time employee on the largest shift
SCHOOLS
Elementary, middle or junior high schools	1 per each employee plus 10%
High school	10 per classroom
College	1 per every 2 students, plus 1 per every 4 dormitory beds
Library or museum	1 per every 500 square feet of gross floor area
INDUSTRIAL ESTABLISHMENTS
Industrial, manufacturing use	1 per employee plus 10% or 1 per every 750 square feet of gross floor area, whichever is greater
Storage warehouse	1 per employee plus 10% or 1 per every 750 square feet of gross floor area, whichever is greater
RECREATIONAL FACILITIES
Clubs, golf clubhouses, commercial and noncommercial uses	1 for each 6 persons of rated capacity
Bowling alley	4 per alley
Campgrounds	1 per campsite, plus visitor parking as provided for clubs and 1 for each employee
Golf course	4 per hole plus parking as provided for a clubhouse
Skating rink	1 for each 120 square feet of skating area
OTHER USES
To be determined by the Land Use 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 public transportation.

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 such use is not changed, provided that any parking facility now serving such structure or uses shall not in the future be reduced below such requirements.

(2) Whenever there is an alteration of a structure or 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 intended to serve. Handicapped parking shall be provided as required by law.

(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 Land Use Board and then only after proof that, by reason of diminution in floor area, seating area, the number of employees or changes in other factors controlling the regulation of the number of required parking spaces, such reduction is in conformity with the requirements of this section. Reasonable precautions shall be taken by the owner or operator of particular uses to assure the availability of required facilities to the employees or other persons whom 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 an 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.

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) The owner or owners of two or more establishments or properties shall submit with their application for combined parking conditional use a site plan showing joint use and location of a common off-site parking area.

(2) Some portion of the common off-street parking lies within 200 feet of an entrance, regularly used by patrons, into the establishment served thereby.

(3) The Land Use Board may, at its discretion, reduce the required aggregate amount of required parking space upon determination that 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 gross floor area be reduced less than 25%.

(4) The said parking area is not to be located across a street, roadway or thoroughfare unless a specific crossing, such as an overpass or traffic signal along a state highway or arterial road, is provided for persons utilizing said parking area. In the case of establishments within a Village of Carmel or the Town of Rosenhayn and not located on a state highway or arterial road, a street, roadway or thoroughfare crossing using pavement crosshatch markings and signs warning motorists of pedestrian crossing may be permitted where such a crosswalk can be constructed in accordance with the "Manual on Uniform Traffic Control Devices."

(5) It is the intent of this subsection to recognize the nature of a home occupation and/or a commercial home occupation and to recognize its limited size and scope of activity. Additionally, the Land Use Board may consider the nature of a designated center as set forth in the adopted Township Master Plan and reasonably allow deviation from strict compliance with off-street parking requirements in the case of such home occupations or commercial home occupations as deemed appropriate to protect public safety. To this end and when requested in writing by the applicant for approval of such a home occupation or commercial home occupation, the Land Use Board may grant a waiver from required on-site parking requirements by allowing the applicant to use on-street parking or off-site parking spaces in satisfying the parking requirements as set forth herein this section; or grant a waiver from meeting a portion or all of the parking required of said home occupation or commercial home occupation for a home occupation or commercial home occupation based on the following conditions:

(a) The type of business or activity and the availability of suitable parking on-site or along streets adjoining the property involved or in close proximity thereto.

(b) The anticipated area from which the bulk of the clients or customers of the home occupation or commercial home occupation are expected to be drawn, i.e., are they coming from the Village or Town and its immediate environs, or are they coming from a further distance. In this regard, consideration may be given to anticipated pedestrian travel of clients or customers based on their origin.

(c) Submission of written proof that the applicant owns, leases or is permitted to utilize off-site parking for the home occupation or commercial home occupation's clients or customers. Said agreement must be submitted by the applicant and specifically allocated and reserve said parking for the home occupation or commercial home occupation, be within reasonable proximity to the property whereon the home occupation or commercial home occupation is to be located, and existing conditions will permit pedestrian access between the off-site parking and the applicant's property.

(d) In determining the suitability of any such reduction of parking required, allowing of on-street or off-site parking, or a waiver thereof, the Land Use Board may request testimony or comments from appropriate experts and officials familiar with the locations and roadways involved in the request. The Land Use Board may require the applicant to obtain, at his/her cost, such expert testimony and/or reports attesting to said suitability of the applicant's request.

D. Private and community garages.

(1) A private garage constructed as an accessory use in a residential zoning district shall be subject to the following special provisions in regard to its location:

(a) In the case of a corner lot, said private garage shall be located at least 10 feet from the rear yard nearest the side street line, and it shall set back from the rear lot line a distance equal to the required minimum width of a side yard for the district in which it is located.

(b) An attached private garage shall be subject to the yard requirements of the principal structure to which it is attached.

(2) Community garages when built on the same lot as a principal building shall be located in conformance with the requirements of this section for private garages; but when built as the principal use on a separate lot, they shall conform to the setback provisions for the principal use for the district within which they are located and to the side yard and rear yard provisions for a private garage as given in Subsection D(1)(a) and (b).

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

(1) No commercial parking lot shall hereafter be constructed or located within:

(a) One hundred feet of any residential zoning district; or

(b) Twenty feet of a residence in any residential district within the Village of Carmel or the Town of Rosenhayn.

(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 or attached dwelling, church, library, charitable institution, school, college, nursing home or hospital or similar use or any entrance or exit thereto.

(3) Within the Village of Carmel or Town of Rosenhayn business, mixed use or industrial/commercial zoning districts, a commercial parking lot or area for less than 10 spaces shall be at least 20 feet from an adjoining residential property and be buffered by a fence, wall, landscaping or combination of both sufficient to prevent headlight glare and blowing of debris or trash onto the adjoining residential property. The Land Use Board in approving a site plan may increase this buffer width where deemed necessary to provide for the prevention of nuisance or detrimental to an adjoining residential property. Any buffer created to satisfy the requirements of this subsection shall be aesthetic in appearance as seen from adjoining roads or properties and if assembled of landscaping and vegetation, said vegetation shall conform to the provisions of § 120-93 of this chapter.

F. No motor vehicle or motor vehicle and trailer in combination which shall weigh in excess of 8,000 pounds shall be placed or stored in any zoning district in such a way as to obstruct driver vision or cause a safety hazard. Additionally no such vehicle or vehicle and trailer combination shall be placed or stored in a residential zoning district in such a way as to create a nuisance from noise, glare or exhaust to adjoining properties.

G. The placing or storing of a single commercial vehicle at the residence of the owner or operator of said vehicle does not constitute the parking of a commercial vehicle in a noncommercial zone, provided that:

(1) Said placing or storing is limited to a single vehicle;

(2) This interpretation is limited to temporary placing or storing of said vehicle and does not extend to the repair or maintenance of said vehicle or any commercial activity being conducted on-site; and

(3) The location of said vehicle's placement on the property is in such a manner as to not create a nuisance to the residential neighbors or otherwise violate any applicable municipal ordinance.

§ 120-114 Outdoor storage.

A. Outdoor storage of any type shall not be permitted unless such storage is normally incidental to the permitted use(s) and part of the normal activities conducted on the premises therewith said permitted use(s). All outdoor storage shall be subject to the requirements of the zoning district in which it is located including setbacks, area and coverage requirements, and shall be screened as provided for in § 120-71 of this chapter from any property used or zoned for residential purposes. No storage shall be permitted in front yard areas.

B. In the case of a home occupation as set forth in § 120-110 or a commercial activity, merchandise may be located in the front yard area during normal business hours to display the type of merchandise made and/or available for purchase on site. Additionally, agricultural products in a farm or roadside stand as permitted in § 120-136A of this chapter, a vehicle, lawn or farm equipment, boat or similar item so normally displayed for sale and if owned by a resident of the property upon which is displayed for sale, shall be allowed within a front yard area.

C. Travel trailers and recreational vehicles.

(1) Travel trailers or recreational vehicles used for camping or lodging 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 for an accessory use to a residential use in the zoning district in which it is to be stored. Storage of a such a travel trailer or recreational vehicle used for camping or lodging shall be limited to two and stored in such a way as to not cause a nuisance to adjoining properties or a safety hazard with regard to vision along adjoining driveways and/or streets. There shall be no hookup or connection of travel trailer or recreational vehicle used for camping or lodging to any utility line or facility.

(2) Other recreational vehicles as defined in § 120-5 of this chapter may be stored on the property of their owner as an accessory use subject to the standards set forth in the Schedule of District Regulations for an accessory use to a residential use in the zoning district in which it is to be stored. Not more than two travel trailer or recreational vehicle for camping or lodging and two other recreational vehicles shall be stored outdoors on any one property. The storage of such any recreational vehicle shall not be in any front yard area. No travel trailer or similar recreational vehicle used for camping or lodging shall be occupied or used as dwelling place or for the conduct of any business.

§ 120-115 Signs.

No sign shall be erected, reerected, constructed, altered, placed or maintained except as provided for in this section. 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 or ventilation openings. 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 and located on said lot the use for which they advertise. 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 or sign permit:

(1) All signs and signals owned and operated by the Township of Deerfield, the County of Cumberland, the State of New Jersey or the United States Government or their respective agencies. The Land Use Board at its discretion may approve groupings of signs for direction and information as to public access facilities, such as eating, lodging, boating, camping, historical and recreational facilities. Such groupings shall be limited to a maximum of 32 square feet of information area and the content and appearance shall be at its discretion.

(2) Identification signs for public or quasi-public facilities, such as schools, churches, hospitals, libraries or museums 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 offices or home occupation nameplates (or signs). 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 in the property on which such sign is to be located. Such signs shall only be located on the property where the use or structure is located that said sign(s) are advertising or identifying. 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. Where a property for sale or rent is located on a residential street used only for access to properties located thereon, a directional sign indicating a property for sale or rent on said street may be placed at the intersection of said street and the collector or arterial street into which it empties provided said identification sign is not larger than four square feet in size.

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

B. All signs shall be designed, constructed and maintained in accordance with the following standards and provisions:

(1) No freestanding sign shall exceed the maximum building height permitted for the same in the district in which it is located, and no attached sign shall be higher at any point than the roofline of the building to which said sign is attached. 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 and parking or loading areas.

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

[1] Editor's Note: See Ch. 69, Construction Codes, Uniform.

(3) Illuminated signs shall be so arranged as to reflect the light and glare away from adjoining premises and away from adjoining streets and/or rights-of-way so as to avoid a traffic hazard.

(4) Sign area shall be measured around the outside edges of a framed or enclosed sign or by the area utilized by isolated words and/or symbols, including background, whether open or enclosed, but said area shall not include any supporting framework and bracing incidental to the display itself.

(5) Signs and sign structures of all types shall be located to allow a clear, unobstructed line of vision as specified in § 120-107C.

(6) Signs with more than one exposure shall be measured for area by using the surface area of one side providing one side is visible from either direction on the adjoining road. All sides however, may be used for display providing the total area does not exceed double that allowed for the single side.

(7) All signs shall be constructed of durable material such as wood, metal, stone or masonry. Whenever possible, signs and materials used to construct same shall be harmonious with its scenic surroundings.

C. The following signs are prohibited in all districts:

(1) Signs with red, yellow, orange or blue illumination in a beam, beacon, or flashing form resembling an emergency light or traffic control device in any location.

(2) Portable signs, i.e., fixed on a movable stand or frame 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 using sudden light changes.

(5) No outdoor, off-site advertising sign, other than signs advertising agricultural roadside stands, shall be permitted within the A Agricultural Zoning Districts. Within these cited zoning districts outdoor, off-site advertising signs shall only be permitted in accordance with the following conditions:

(a) The sign shall be located along an arterial or collector road as defined and identified in the adopted Township Master Plan;

(b) The sign shall not be located so as to block the scenic view of any river, marsh or wetland, historical structure or site, or other natural or cultural landmarks or characteristics as identified by the adopted Township Master Plan;

(c) Signs shall not be located closer than 30 feet to any street right-of-way or property lines. No outdoor, off-site advertising signs shall be located closer than 100 feet to any church, school, public building or residence;

(d) If illuminated, no such lighting shall created a danger or nuisance from glare or direct lighting upon adjoining properties or roadways; and

(e) No such sign shall be of an overall height greater than 15 feet or an area greater than 32 square feet.

(6) Within the Township, no existing sign which does not conform to this section shall be permitted to continue beyond three years after the effective date of this chapter.

D. In any district where the following uses are permitted, the following signs shall be permitted in connection with said uses:

(1) Churches, places of worship: one freestanding sign not exceeding 12 square feet in area and 10 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 feet in area.

(2) Golf courses: one freestanding sign not exceeding 12 square feet in are and 10 feet in height and set back at least 25 feet from all street rights-of-way and lot lines.

(3) Multifamily dwelling and townhouse developments: Each development having in excess of four dwelling units may have one sign along each arterial or collector road which the tract involved abuts, provided that there exists at least 200 feet of frontage. Such sign(s) shall not exceed 10 feet in height, shall be set back from all street rights-of-way and driveways at least 30 feet, shall be set back from the property lines a minimum of 50 feet, shall not exceed an area of 40 square feet, and shall be used only to display the development name.

(4) Mobile home park: As set forth in § 120-126D of this chapter along with one illuminated or unilluminated freestanding sign identifying the name of the park not exceeding forty square feet in area. One additional identification sign may be permitted for each main entrance on other park property frontages on roads classified as a arterial or collector roadway.

(5) Retail and service uses, restaurants not located on arterial roads, professional and business offices, banks and similar uses:

(a) Each such activity may have one illuminated or unilluminated sign displaying the name of the use attached flat against the front of the building in which it is located, not exceeding an area equivalent to 5% of the front of the building or 40 square feet, whichever is smaller. Where the building(s) is designed for rear or side entrances, one unlighted sign may be attached flat against the building at the rear or side entrances, each sign not to exceed an area equivalent to half that of the sign on the front of the building.

(b) In the case of restaurants located along arterial roads, said establishment may have one freestanding sign not exceeding 20 square feet in area and 30 feet in height. Said sign shall be set back from all street rights-of-way at least 10 feet. In addition, each such establishment may have one attached sign on the front, rear and side entrances to the building in which it is located as provided hereinabove.

(6) Theaters and indoor commercial recreation:

(a) Each use may have one illuminated or nonilluminated sign displaying the name of the use attached flat against the front of the building in which it is located, not exceeding an area equivalent to 5% of the front facade of the building or 100 square feet, whichever is smaller. Where the building(s) is designed for rear or side entrances, one unlighted sign may be attached flat against the building at the rear or side entrances, each sign not to exceed an area equivalent to half that of the sign on the front of the building.

(b) Additionally, the Land Use Board may permit one freestanding sign not to exceed 30 square feet in area and 30 feet height. Said sign shall be set back from all street rights-of-way or property lines at least 15 feet, may be illuminated or not and shall be used to display the name of the use and the current program of events or entertainment. Such uses may also at the discretion of the Land Use Board, have one additional attached sign on the front of the building for display of the program or event offered provided said sign does not exceed 60 square feet in area.

(7) Multi-office building or complex, hotel, motel, or professional office center: Any such 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 of the main structure or 150 square feet, whichever is smaller. Where an individual office unit within such a structure or complex has direct access from the outside, a sign not exceeding four square feet, identifying the name of the office or occupant thereof, may also be attached to the building at the office entrance.

(8) Planned commercial developments: Each development, i.e., shopping center, may have one freestanding sign along each arterial or collector road which the tract involved abuts, provided that there exists at least 250 feet of unbroken frontage.

(a) Where uses share a common walkway, each use served by the walkway may have one sign which shall be attached flat against the building either above or below the common walkway canopy and/or one sign suspended perpendicular fashion from the roof or canopy over the common walkway. Suspended signs shall be no closer than eight feet at their lowest point to the finished grade level below them. No such sign shall exceed 10 square feet in area.

(b) All signs in a planned commercial development shall conform in character to all other signs in the center or complex and shall blend with the overall architectural scheme of the center or complex and its surroundings.

(9) Service station or repair garage: Each use may have:

(a) One freestanding sign;

(b) One sign attached flat against its primary structure; and

(c) One sign identifying the name of the company in the case of a canopy over a fueling area. If the canopy fronts on more than one roadway, one additional canopy sign shall be permitted per road frontage. The freestanding sign shall not exceed an area of 20 square feet, shall be set back at least 10 feet from all street rights-of-way and lot lines, and shall not exceed a height of 35 feet. Any attached sign shall not exceed 30 square feet in area.

(10) Industrial and manufacturing use, whole distribution center or warehouse, construction company, body shop, or similar uses: Each use shall be permitted one sign not larger than the equivalent of 5% of the area of the front wall of the principal building facing the street or 100 square feet, whichever is smaller. If attached to the building, the sign shall not be higher than the roofline. If freestanding, the sign shall be set back from all street rights-of-way and driveways and lot lines at least 40 feet. The maximum height of freestanding sign shall not exceed 35 feet.

(11) Industrial park: Each park may have one freestanding sign along each arterial or collector road which the tract involved abuts, provided that there exists at least 250 feet of unbroken frontage. Such sign shall not exceed a height of 35 feet, shall be set back from street rights-of-way and driveways at least 50 feet, shall be set back from all property lines a minimum of 100 feet and shall not exceed an area of 150 square feet.

(12) Real estate advertising: Real estate offered for sale or rent, involving 10 acres or more or in excess of 10 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 location. Such sign shall not exceed 10 feet in height, shall be set back from street rights-of-way and driveways so as not to overhang or obstruct driver vision, shall not exceed an area of 32 square feet and shall be used only to display the development name, sales representative, location of sales office, telephone number, display or viewing schedule and artwork designed to demonstrate project layout, appearance or logo. Such sign(s) shall be removed after the sale of 90% of the lots or units or within one year, whichever occurs first. The Land Use Board may grant extensions upon submission of evidence sufficient to reasonably justify continuation of the sign permit.

(13) Construction site: Such use may have one sign dealing with construction on-site, not larger than the equivalent of 5% of the area of the front wall of the building involved or 100 square feet, whichever is smaller. The sign 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 or use under construction once it is established or completed.

(14) Retail use for new and used automobiles, farm equipment, recreational vehicles or boats, trucking terminals or similar uses: Each such use may have one freestanding sign for each 200 feet of unbroken frontage with a maximum of three signs per site. Such sign shall not exceed eight feet in height, shall be set back from the street rights-of-way at least 30 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 are permitted:

(a) One sign displaying the name and insignia of the business or use attached against the front of the building used for sales office and/or showroom, not exceeding an area equivalent to 5% of the front facade of said building or 100 square feet, whichever is smaller.

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

(15) Home occupation and commercial home occupation:

(a) A home or home professional occupation is permitted one sign, illuminated or nonilluminated, with two square feet of display area per side for advertising or a maximum of four square feet of total advertising area. Said sign may be freestanding on a post or pole outside the street rights-of-way and the side yard setbacks for the zoning district within which it is located, or it may be attached to the front of the home or accessory structure wherein the home occupation is located. If illuminated, said illumination shall be designed to prevent a nuisance to adjoining properties or traffic along adjoining street rights-of-way.

(b) A commercial home occupation is permitted one sign, illuminated or nonilluminated, with a total display area of 12 square feet, including both side if doubled-faced. Said sign may be freestanding on a post or pole outside the street rights-of-way and the side yard setbacks for the zoning district within which it is located, or it may be attached to the front of the home or accessory structure wherein the home occupation is located. Said sign shall be located, constructed and placed so as to blend with its location and character of the village within which it is located. If illuminated, said illumination shall be designed to prevent a nuisance to adjoining properties or traffic along adjoining street rights-of-way.

(16) Hospital, nursing home, assisted living facility or other health care facility: Each use shall be permitted to have one illuminated or unilluminated sign displaying the name of the facility flat against the front of the front of the main building (in the case of said facility facing more than one roadways, then one sign per frontage shall be permitted, provided that said sign(s) not exceed an area equivalent to 5% of the front of the building or 40 square feet, whichever is smaller); or such a facility may have a one freestanding illuminated sign along each roadway frontage adjoining any side of the facility having a major entrance; or combination of each not to exceed one such sign per frontage. In addition, one illuminated sign may be located over the entrances to separate departments of said facility to identify said area of the building such as a sign identifying the entrance to the "Emergency Room." Said sign shall be sized to be easily read and to identify the said department or area from the adjoining roadway or driveway. In the case of hospitals, commonly used illuminated, identifications generally affixed to the upper corners of the main hospital structure shall be permitted.

(17) Sexually-oriented business. The sign identifying the subject property shall be limited to 10 square feet and shall be wall-mounted upon the principal building. The sign shall be limited to lettering indicating the name and address of the facility only. The sign shall be applied flat against the wall and shall not project beyond the side or top of the wall to which it is affixed, nor shall such signs project more than 14 inches from the front wall. All flashing, moving, intermittently moving and illuminated signs, reflecting signs or luminous signs and/or advertising devices shall be prohibited. However, backlighting of the principal sign may be permitted. In addition, no temporary signs made of paper, cardboard, canvas or other similar material, banners, etc., are permitted, and no signs or billboards shall be placed on the roof of any buildings.

(18) Other use: 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 said use does not generally approximate a use set forth in this section as to sign details or numbers permitted, the Zoning Officer may issue a sign or zoning permit for one sign not exceed 50 square feet in area which meets the maximum setback requirements for an accessory use in the zoning district in which the sign is to be located. All other cases shall require review and approval by the Land Use Board.

E. Sign interpretation and measurement. For the purposes of determining the number of signs, a sign shall be considered to be a single 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 single sign. The surface area of the sign shall be computed to include the entire area within a parallelogram, triangle, circle, semicircle or other geometric design comprising all of the display area of the sign and including all of the elements of the matter displayed. Frames and structural members of freestanding signs shall not be included in computation of the sign surface area.

F. Temporary signs. Zoning or sign permits are required for temporary signs, except real estate signs as provided for in § 120-115A(4), and, when granted, shall authorize the erection of said signs and their maintenance for a period not to exceed 90 days in any one calendar year. When found reasonable, the Land Use Board may grant an extension for a temporary sign permit in accordance with the procedures for granting an area variance set forth in § 120-48 of this chapter. Temporary signs shall not exceed 32 square feet in area on one side. The advertisement contained on any temporary sign shall pertain only to the business or activity conducted or to be conducted on or within the premises on which such sign is or will be erected or maintained. A zoning or sign permit shall not be required for temporary signs of a civic, political or religious nature to be erected or placed by a nonprofit organization and which meets the standards of this section. No political or personal signs shall be permitted to be erected or displayed on property owned by the Township of Deerfield.

[Amended 9-15-2004 by Ord. No. 2004-6]

G. Sign maintenance.

(1) Signs must be maintained in good condition and must also not be allowed to deteriorate or become dilapidated. The Construction Official shall require proper maintenance of all signs and shall inspect every sign which requires issuance of a permit within 30 days after it is erected. All signs, together with all of their supports, braces, guys and anchors, shall be kept in repair and in proper state of preservation. The display surface of all signs shall be kept neatly painted and posted at all times.

(2) The Construction Official or Zoning Officer shall notify, in writing, the owner of any sign which is in disrepair, of such state. The owner of such sign shall correct such deficiency within a reasonable period of time form the date of said notice. In the event that the owner fails to correct said deficiency or make required repairs, the Construction Official or Zoning Officer shall institute proceedings for compliance with said notice or the removal of the sign found in disrepair if so warranted.

H. Off-site signs. As of the effective date of this chapter, off-site commercial or private signs are prohibited except as expressly permitted within this subsection:

(1) Off-site signs, public information signs and control signals as specified in § 120-115A are permitted in all zoning districts.

(2) Off-site signs for direction to places of worship are permitted in all zoning districts as a conditional use.

(3) Temporary off-site signs for real estate sale, yard or garage sales, charitable organization/nonprofit activities, and seasonal agricultural stands are permitted in all zoning districts. These signs must be removed upon termination of the activity which they advertise.

(4) Off-site signs for commercial advertising, subject to all other conditions of this subsection, are permitted in the following zoning districts:

(5) For any off-site sign not in conformance with this chapter, conformance is required as per § 120-115C(5) of this chapter.

§ 120-116 Stream protection setback.

In order to protect streams and their attendant recharge areas, all structures shall be setback 200 feet from the center line of all streams whether located on the property where the structure is to be located or where the lot involved and the location of the proposed structure is within a two-hundred-foot proximity to a stream not on the property thereby making this setback requirement applicable.

§ 120-117 Swimming pools.

The following standards and regulations shall apply to swimming pools:

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 the Township ordinances. For the purpose of this chapter, swimming pools, exclusive of patio area, shall not be counted as impervious cover in computing lot coverage and shall not be located in any required front or side yard area.

(2) All swimming pools shall be at least 20 feet from any rear or side property line or in any case nearer a street than the principal building to which it is an accessory. All swimming pools shall be installed in accordance with provisions of the Uniform Construction Code.

(3) All swimming pools shall be provided with a filtering and disinfecting system, meeting New Jersey State Department of Health requirements. A permanent barrier or obstruction not less than four feet nor more than 10 feet in height, so constructed as entirely to enclose the area on which the swimming pool is located and to bar all reasonable and normal access to the swimming pool except through a substantial self-closing gate or gates of the same height as the fence, equipped with facilities for locking said gate when the pool is unattended or unguarded, shall be provided for all swimming pools.

(4) All swimming pools shall drain in conformance to a system approved by the Health Code official and/or the Construction Code Official.

B. Semipublic and public swimming pools and swimming clubs. Semipublic and public swimming pools and swimming pool clubs operated on a nonprofit, annual membership basis shall be permitted as indicated on the Schedule of Zoning District Regulations, 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 frontage on a public road or street.

(3) No more than a total of 40% of the lot shall be covered by structures, parking areas and the pool, together with its adjoining impervious surface areas.

(4) No part of the pool, its accompanying impervious surfaced areas or other supporting or accessory 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 be permitted subsequently without application to and approval of the Land Use Board.

(6) All pools shall be surrounded on all sides by a yard 25 feet in width, exclusive of parking area and accompanying impervious surface areas.

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

(8) 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.

(9) All lot boundaries shall be screened in accordance with the provisions of § 120-71 of this chapter whenever in the opinion of the Land Use Board such screening is necessary to protect adjoining properties and uses from the nuisance effects of said swimming pool and/or accessory activities such as, but not limited to, noise, glare, or blowing debris.

(10) Adequate parking shall be provided in accordance with the provisions of § 120-113.

(11) In the case of campgrounds or hotels or motels wherein a swimming pool is an accessory use thereto, the Land Use Board may adjust or waive the requirements of this subsection as deemed appropriate, provided that the use of said pool is not also offered on a membership basis to persons or groups not staying at the campground, hotel or motel.