Within the A Agricultural Zoning District tracts
of land 40 acres or greater in size either at the time of the adoption
of this chapter or that are assembled after the adoption of this chapter
and tracts of land 30 acres or greater in size either at the time
of the adoption of this chapter or that assembled after the adoption
of this chapter and located adjacent to land which has either been
deed restricted for farmland or open space preservation or is currently
being farmed and qualifies under the Farmland Assessment Act[1] may elect to shall develop as one-and-one-half-acre lot
open-space clusters. Tracts of land 30 acres or greater in size but
less than 40 acres, either at the time of the adoption of this chapter
or that are assembled after the adoption of this chapter, and not
located adjacent to land which has either been deed restricted for
farmland or open space preservation or is currently being farmed and
qualifies under the Farmland Assessment Act may elect to develop as
one-and-one-half-acre lot open-space clusters. Agricultural open space
clusters shall meet the following conditions:
A.
Land area equal to a minimum of 50% of the total tract
of land proposed for development shall not be included in lots, but
shall be set aside and deed restricted for farmland preservation,
conservation, or open space and recreation. To meet this requirement,
not less than 20% of required 50% shall be located on site. A developer
may use the transfer of the development rights of lands off site from
the development for the following specific type of lands or a combination
thereof which achieves the remainder of the total required 50% set-aside.
Up to 35% of the required set-aside noted hereinabove may be met by
the developer by purchasing the development rights of farmland or
up to half of the required amount, 25%, by purchasing the development
rights for environmentally sensitive lands at any location within
the Township, provided that such land is shown on the adopted Township
Master Plan as being proposed for preservation or conservation as
farmland or environmentally sensitive lands. Regardless of how the
set-aside is met as provided hereinabove, all other provisions of
this section shall be met. In the case of agricultural preservation
lands, development rights shall be deeded to the Township of Deerfield.
In the case of said development rights for conservation purposes,
said lands shall be maintained and protected for the stated purpose
by specific binding agreements between the applicant and the Township
of Deerfield. It is the intention of this provision to require that
the transfer of developments for both on site and off site regardless
of the purpose for which the land is intended to be used shall be
done by deed instrument to permanently record the said transfer and
shall further specifically provide that said transfer was done to
meet the requirements set forth in this section to permit the planned
development to occur.
B.
Land utilized for street rights-of-way, driveways, parking areas, courtyards, utility stations, and loading areas shall not be included as part of the above-referenced 50%. If an agricultural buffer is required to be established as per § 120-71G, said buffer area may be included in the minimum set-aside of 50% required herein. No portion of the land to be set aside for farmland preservation and not considered to environmentally sensitive shall be of a size, shape, and width to make it feasible for its continued use for general farming.
C.
Whenever an agricultural cluster option is required or chosen then land to be dedicated for either farmland preservation or for conservation due to environmental sensitivity shall be located within the proposed development to maximize its utility or suitability for its intended purpose. Land to be set aside for farmland preservation should be located adjacent to other farmland and sensitive lands, to the extent practical, adjacent to other environmentally sensitive lands as shown on the adopted Township Master Plan. The Land Use Board shall review the design of the development to assure that this requirement is met to the greatest extent possible with the aim of attempting to form meaningful and useful clusters of specific types of land preservation. Open space or recreational lands required shall comply with the provisions of § 120-119E.
D.
The location of proposed lots, streets, utilities and active recreational areas shall likewise as provided in Subsection C above, also be adjacent to other similar developed areas to the greatest extent possible thereby maximizing the clustering of development in the area. Proposed development layout or design shall be found to meet this requirement as a condition of attaining approval.
F.
At least 15% of the total open space saved shall used
for one or more of the active recreational purposes including, but
not limited to, swimming pool and cabana club, tennis, badminton,
volleyball and basketball courts, playing fields, other active recreational
areas and/or facilities, and private landscaped areas under the supervision
of a homeowners' association.
[1]
Editor's Note: See N.J.S.A. 54:4-23.1 et seq.
Cluster developments are permitted in residential
zoning districts as set forth in the Schedule of District Regulations
in accordance with the following regulations:
A.
Land area equal to a minimum of 20% of the total tract
of land proposed for development shall not be included in lots, but
shall be set aside for conservation, open space, recreation and park
areas or other public purposes. Land utilized for street rights-of-way,
driveways, parking areas, courtyards, utility stations, buffer strips
and loading areas shall not be included as part of the above-referenced
20%.
B.
Not more than 50% of the total open spaced saved as per Subsection A above shall be located in one or more of the following: a floodplain, areas with a slope greater than 10%, watercourses or bodies of water, wildlife habitats or other areas deemed unsuitable for development and recreational purposes due to environmental reasons as made evident by the review of the environmental impact statement, where required.
C.
At least 50% of the total open space saved shall be
used for one or more of the following active recreational purposes:
golf courses with accompanying club houses and facilities, swimming
pools and cabana clubs, tennis, badminton, volleyball and basketball
courts, playing fields, riding clubs, limited membership outdoor recreational
areas, or private landscaped areas under the supervision of a homeowners'
association as provided for in this section.
D.
The remaining portion of open spaces saved shall be
permanently devoted to one or more of the following open land uses:
parks or playgrounds, woodland conservation areas, game preserves,
wildlife refuge, pedestrian walkways, bicycle paths and bridle trails,
stream preservation, and watershed protection or flood control areas.
An application for a cluster development shall clearly identify all
open space areas and its proposed land uses. Within the R-2 Residential
Zoning District, said permanently saved open space may be met either
on or off site by purchasing the development rights to lands proposed
for conservation on the adopted Township Master Plan. Said purchased
development rights shall be provided to and held by the Township of
Deerfield, and said development rights shall include provisions allowing
the Township to maintain and conserve said lands for the stated conservation
purposes.
E.
Provisions made within any cluster development for
open space and recreational areas shall be reviewed, found adequate
and approved by the Land Use Board. In its review, the Land Use Board
shall investigate the size of parcels devoted to open space and recreational
areas, their location within the project, the topography, the uses
contemplated upon such open space and recreational area, configurations
of the parcels under consideration, facilities and improvements to
be provided, the provisions made for maintenance and access to said
parcels or facilities, traffic flows to and around said parcels, the
ecological impacts of their placement, development and use, the staging
or timing of the open space or recreational area development, and
how various categories or recreational facilities or open space and
their location will be proportionally related to the staging of the
development of housing units, if such staging is proposed. The Land
Use Board shall make detailed findings concerning the adequacy or
inadequacy of the aforesaid items to be reviewed in determining their
conformity with the provisions of this chapter, the adopted Township
Master Plan, and any other plans or regulations applicable or relevant
to the lands involved. The provisions made shall be deemed adequate
if the Land Use Board determines that:
(1)
Portions of the open space and recreational areas
are readily accessible to all residential dwelling units.
(2)
The uses being designated for open space and recreational
areas are reasonably related to and appropriate and sufficient to
meet the needs of the project's residents for a variety of uses appealing
to all socio-economic levels and age groups.
(3)
The uses designated for open space and recreational
areas will be functional upon the arrival of the residents who will
use them.
(4)
The topography and environmental character of the
land is suitable for the uses proposed, and the uses will not cause
unreasonable adverse impacts to the ecology of the area incapable
of being mitigated.
(5)
The open space and recreational areas are conveniently
and appropriately designed with regard to the project's pedestrian
and vehicular traffic patterns, to provide adequate access to, in,
around and from the uses proposed.
F.
While nothing herein contained shall be deemed to
require that, as a condition of development approval, a developer
must make available lands for public use which are proposed for open
space and recreational areas, the Township may, at any time and from
time to time, accept the dedication of said land(s) or any interest
therein for public use and maintenance where a free and uncoerced
offer is made by the developer or owners of said land(s). That said
offer is free and uncoerced shall be established on the record of
any public meeting wherein said offer is made. Lands offered to the
Township shall meet the following requirements:
(1)
Lands offered for recreational purposes shall be improved
by the developer, including equipment, walkways, roadways, driveways
and landscaping, in order to qualify the lands for acceptance by the
Township.
(2)
Any land offered to the Township shall be optimally
related to the overall plan and design of the development and improved
to best suit the purpose(s) for which it is intended.
(3)
The lands offered to the Township shall be subject
to review by the Land Use Board, which it its review and evaluation
of the suitability of such land, shall be guided by the adopted Master
Plan of the Township, by the ability to assemble and relate such lands
to an overall plan for the community's recreational and open space
needs, and by the accessibility and potential utilization of such
lands by the public. The Land Use Board may request an opinion of
other public agencies or individuals as to the advisability of the
Township's accepting any lands to be so offered. In making this evaluation,
particular consideration shall be given to the impact of public access
to the proposed open space or recreational lands upon the residents
of the cluster development and surrounding residentially used lands.
(4)
Every parcel of land offered to and accepted by the
Township shall be conveyed to the Township by deed at time of submission
of the final plan to the Land Use Board for review and approval. The
deed shall contain such restrictions as may reasonably be required
by the Land Use Board to effectuate the conditions hereinabove pertaining
to the use of such areas. Should the subdivision or development consist
of a number of development stages, the Land Use Board may require
that acreage proportionate in size to the stage being considered for
final approval be offered to the Township simultaneously with the
granting of final approval for that particular stage, even though
these lands may be located in a different section of the overall development.
(5)
The minimum size of each parcel offered to the Township
shall be five acres.
(6)
Nothing herein shall be construed or intended to imply
that the governing body of the Township is required to accept lands
so offered, except that the governing body when considering acceptance
of such lands shall take into account the findings of the Land Use
Board.
G.
All cluster developments shall be considered to be planned developments and major subdivisions subject to subdivision review and approval as set forth in § 120-42 of this chapter. In case of a cluster development application requiring a conditional use permit, besides being subject to all regulations hereinabove contained in this section, the Land Use Board shall find that:
(1)
The proposed development, its design and layout, and
its size will not be detrimental to the surrounding neighborhood or
to the intent and purposes of this chapter or the adopted Township
Master Plan. Furthermore, the design shall be such that the use of
the clustering achieves maximum benefit in the use of land, preservation
of open space and good development design principals and techniques;
(2)
An environmental impact statement has been required,
reviewed and found to determine that as proposed the development will
not unreasonably adversely affect the environment of the lands upon
which it is to be located or those adjacent thereto, or to create
reasonably demonstrable adverse impacts off site; and
(3)
Cluster development as proposed will create a residential
project harmonious with its environment and surrounding development.
A dwelling unit to be utilized in connection
with the operation or ownership of a commercial activity or use may
be permitted as an accessory use as set forth in the Schedule of District
Regulations. When permitted, not more than one attached or detached
dwelling unit may be provided in conjunction with a commercial or
business use under the following conditions:
A.
The dwelling unit may be attached to the principal
structure on the property involved and used for commercial activity
or it may be a detached dwelling unit, excluding a mobile home, but
located on the property whereon the commercial or business use is
located. The dwelling unit shall be occupied only by the owner or
manager of said commercial use or activity. In order to obtain a zoning
permit for such a commercial-use-related dwelling, the applicant shall
provide an affidavit to verify that the owner or manager of the business
or retail use or activity involved in the application will be the
resident that will occupy the commercial-use-related dwelling unit.
It is the purpose of this subsection to allow the use of an commercial-use-related
dwelling unit by the owner or manager of commercial or business use
as to provide security, service and/or economy of operation to the
principal use of the property for business or commerce.
B.
Said commercial-use-related dwelling unit shall be
located according to the maximum and minimum building standards and
set backs established in the Schedule of District Regulations for
the zoning district in which it is to be located.
C.
Occupancy by owner.
(1)
Any zoning permit and certificate of occupancy for
a commercial-use-related dwelling unit to a commercial or retail use
or activity shall remain valid only so long as the said unit is occupied
by the owner or manager of the said commercial or retail use or activity.
When the said dwelling is no longer occupied by the owner, manager
or an employee of the principal commercial use of the property, then
the dwelling unit shall be used strictly for commercial or retail
activities and a revised site plan for the conversion of the dwelling
unit to those uses shall be submitted and approved by the Land Use
Board. The Land Use Board shall determine relationship between the
occupant of a commercial-use-related dwelling to the commercial use
to which it is attached based on information to be supplied to it
by the owner of the commercial use which reasonably shows employment
by or bona fide connection to said commercial use. Said revised site
plan shall not be required if the size of the dwelling unit is less
than 5% of the square footage of the primary commercial or business
use structure.
(2)
Continued use of the dwelling unit in conjunction with the primary commercial or business use of the property by other than the owner of the property or manager of the business use shall then require a variance for said dwelling unit in accordance with the provisions of § 120-48 of this chapter. It is the intent of this subsection to only permit a residential use to an active business or commercial activity by its owner or manager where such use seems appropriate and reasonable to continued commercial use of the property. When not utilized by the owner or manager of the commercial activity then it is incumbent upon the owner of the said commercial-use-related dwelling unit to prove that it can be utilized without creating conflicts between residential and commercial activities being carried out on the same property.
D.
A commercial-use-related dwelling use shall be considered as part of the retail or commercial use of the property and shall be subject to site plan review as required for such uses by § 120-42 of this chapter. As a related use thereto, it shall be provided with all required utilities and additional off-street parking subject to the provisions of § 120-113A herein this chapter. In reviewing the site plan, the Land Use Board may impose such conditions as deemed reasonably warranted to protect the health, safety and welfare of the occupants of the commercial-use-related dwelling unit from the commercial or retail activities also carried out on the site.
E.
Not more than one such use-related dwelling unit shall
be permitted for any one property principally used for business or
commercial activities regardless of the number of said activities
carried out on the site. In addition, the size of the use-related
dwelling unit shall be clearly subordinate to the principal commercial
use of the property. To this end, no commercial-use-related dwelling
shall be larger than 40% of the square footage of the commercial use
or activity structure to which it is related.
Duplex or semidetached houses shall be permitted
upon a finding by the Land Use Board that said use will not adversely
affect the character or density patterns of the areas or neighborhood
in which said use is proposed. No such use shall be permitted to front
or have driveways exiting onto an arterial or collector road as classified
by the adopted Township Master Plan. Where permitted in accordance
with the provisions of the Schedule of District Regulations, the following
conditions shall be met:
A.
Any duplex or semidetached dwellings shall share a common driveway of not less than 24 feet wherever reasonable with on-site parking complying with the provisions of § 120-113A of this chapter. Said parking may be provided within garages, but when garages are provided they shall be attached to the duplex or semidetached dwelling and provide access to each unit contained therein. All dwelling units in a duplex or semidetached dwelling shall have direct access to a public street or right-of-way.
B.
No fencing shall be erected within the front yard
areas except for dooryards or patio areas attached to the dwelling
unit and screened from the street shall be permitted, provided that
any such screening, if not plant material, shall be located at the
front yard setback line.
C.
Architectural drawings of the front facade(s) of a
duplex or a semidetached dwelling shall be submitted for review and
approval by the Land Use Board of the uniformity of design of the
two units. Deed restrictions or covenants shall be required in a manner,
method or procedure approved by the Land Use Board, provided that
attached units maintain, within reason, a conformity of aesthetic
appearance to the entire structure when viewed as a whole from the
street or public right-of-way. Aesthetic appearance shall mean color,
fenestration, entrances, front facade design or embellishment, fencing
or lighting not attached to the walls of the individual dwelling units
contained therein.
E.
A duplex or semidetached dwelling shall only be permitted
where there is access to public sanitary sewer or portable water supply
system to which said dwelling units shall be connected.
Within the A Agriculture Zoning District, an
active, ongoing farming operation may establish a business which is
directly related to said farming operation and utilizes the lands,
structures or equipment of said farming operation. Said farming businesses
shall only be permitted in accordance with the following conditions:
A.
Only currently active farming operations and only
so long as they remain active, may such operations establish and continue
to conduct a farming business or businesses.
B.
For purposes of this section, a "farm business" shall
be defined as:
(1)
Facilities for food processing, wholesaling, retailing,
warehousing and/or distribution of vegetables or fruits provided that
not less than 10% of the vegetable and/or fruit involved is grown
the farm wherein the said farm business is located.
(2)
Additional use.
(a)
The additional utilization of existing farm
structures, motor vehicles or equipment for:
(b)
In the case of Subsections [2] and [4] hereinabove,
the activity shall not involve more than two vehicles per each 50
acres of land which is part of the farm upon which the said farm business
activity is located.
(3)
It is expressly understood that the storage and land
application of sludge is not deemed to be a farm business within this
definition.
C.
The site plan for a farm business shall be limited
to that portion of the farm directly involved in said business including
any access drives or storage areas.
D.
There shall be maintained around a farm business a
minimum buffer of 300 feet from all side and rear property lines.
Said buffer may be increased in size when deemed necessary by the
Land Use Board in order to shield adjoining properties from nuisances
or unsightly views, for example, the outdoor storage of material or
vehicles. Said buffer area shall be suitably landscaped and/or screened
based upon an approved landscaping plan which shall be part of the
site plan review and approval.
E.
The farm business shall only continue so long as the
farming of the property involved continues. In the event, that the
farming ceases on the parcel where a farm business is located, the
farm business shall cease unless and until the owner applies for a
zoning permit which permit shall not be issued until approval of any
variance required by the provisions of this chapter. The farm business
shall also be required to submit or resubmit a site plan for review
and approval prior to the issuance of the zoning permit.
Gasoline stations and/or repair garages, including
facilities or structures used for the painting of motor vehicles,
and car washes may be established when they meet the following conditions:
A.
In addition to site plan details required by § 120-52, the site plan submitted in connection with an application for a gasoline station and/or repair garage or car wash shall also include:
(1)
The location of all fuel tanks and pumps.
(2)
The dimensions and capacity of each tank.
(3)
The depth the tanks will be buried below ground level.
(4)
The location and use of all structures, whether principal
or accessory, to be constructed on site.
(5)
The location and maximum number of automobiles or
motor vehicles in need of service which are to be garaged or parked
on the premises at one time.
(6)
The design details with regard to any canopy including proposed lighting and any use of a portion of said canopy as a sign, which if so proposed, shall comply with the provisions of § 120-115 of this chapter. A detailed elevation drawing of the canopy with dimensions including sign area, design and locations shall be provided.
(7)
Design details for any proposed canopy structure to
be located over the motor fuel dispensing areas of the gasoline service
station.
B.
No motor vehicle gasoline station or repair garage
shall be located within 200 feet of the entrance to a school, recreational
area or facility, library, hospital, church or cemetery. Such distances
shall be measured in a straight line from the property line of the
referenced structures, areas or facilities to the station or garage
lot line nearest said structure, area or facility along the street
line.
C.
It is intended that gasoline stations or repair garages
be designed compatibly with other permitted commercial and industrial
uses in the zone district in which they are proposed to be located,
that they not be stripped along the available highway frontage or
as more than two quadrants of any intersection, and that they be included
within shopping centers and industrial parks as an integral part of
the overall design. Ingress and egress shall be designed to recognize
turning movements generated. These access points shall be coordinated
with the access points required for adjacent or nearby uses and the
frequency of intersecting side streets.
D.
Any part of a property or site to be used for the
repair of vehicles, dispensing of fluids, prolonged motor vehicle
idling, or the painting of vehicles shall not be located in any floodplain
or within 100 feet thereof or of a residence, church, school, library,
eating establishment or health care facility unless undertaken entirely
within an enclosed, ventilated with a filtered system, and soundproof
structure.
E.
All fuel pumps shall be located at least 35 feet from
any property line. All fuel tanks shall be installed underground and
shall be located at least 35 feet from any property line. A minimum
space of 25 feet shall exist between any two pumping islands and any
structures.
F.
All storage areas shall be suitably screened, and
no vehicles shall be stored on site which are not awaiting repair
work within a reasonable period of time. Facilities for trash disposal
shall be provided and, where necessary, screened. No junked automobiles
or parts thereof and no unregistered motor vehicles shall be permitted
outside an enclosed building. In the case of repair garages which
are part of or established in conjunction with the sale of motor vehicles
and/or the sale or repair of farm equipment or machines, recreational
vehicles or boats, new or used unregistered boats or vehicles may
be stored outside a structure on designated sales and display areas.
G.
As a minimum, screening as required in § 120-71 shall be required along any property line adjoining a residentially zoned or used property. The Land Use Board may require additional buffering and other protective measures as necessary to protect surrounding properties from the effect of light glare, noise, air pollution or fumes, or other nuisances generated the gasoline station or repair garage.
H.
Any part of the site proposed for a gasoline or service
station or repair garage subject to access by motor vehicles shall
be paved or provided with a dustless, hard surface. Canopy structures
over motor fuel dispensing areas shall not exceed the height requirements
of the zoning district in which they are located.
I.
Except in the case of farm equipment machinery, recreational
vehicles or boats, all work on vehicles involving body repairs, removal
of engines or transmission or painting shall be preformed in an enclosed
structure with a ventilated and filtered air system to prevent fumes
from escaping in such a way as to be hazardous or a nuisance to adjoining
properties.
J.
Accessory goods for sale may be displayed in a principal
building and on the pump island(s). All other exterior displays and
parking of equipment for rent or sale shall be permitted, provided
that the area devoted to the purpose is in addition to the minimum
lot size required for a gasoline or service station or repair garage,
the area devoted to this purpose does not exceed 20% of the total
area of the entire site, the maximum sign area for the station or
garage is not exceeded, and the location of the equipment being rented
or offered for sale does not interfere with the required off-street
parking requirements for the service station or garage and does not
interfere with the on-site traffic circulation indicated on the approved
site plan. The storage of vehicles not in operating condition as permitted
by this section shall be stored only if all fuel tanks in such vehicles
are drained.
K.
All gasoline stations and/or repair garages shall
be provided with adequate facilities, equipment and structures and
shall be designed to ensure against degradation of or adverse impacts
to the environment and adjacent land uses within 500 feet of the property
involved. Such facilities and equipment include storage tanks for
used motor oil or other fluids or petroleum products, emission control
and air quality devices and separate disposal systems designed to
properly handle waste waters used in connection with such uses, including
motor vehicle and boat or machinery cleaning.
L.
A convenience store, ATM (automated teller machine),
or car wash facility shall be considered an accessory uses to a gasoline
service station when contained within not more than two separate structures
on the site whereon the gasoline service station is located.
M.
In addition to complying with all the requirements
listed herein this section, car washes, whether the principal use
or an accessory use, shall also meet the following conditions:
(1)
Sufficient on-site area shall be provided to permit
cars or other vehicles waiting for service. Such waiting areas shall
be suitably screened from adjoining properties.
(2)
All wastewater generated from such uses shall be recycled,
and such wastewater not able to be recycled shall be disposed of in
a public wastewater system or an approved on-site disposal system
to handle such flows and prevent degradation of groundwater supplies.
No wastewater will be allowed to leave the site through surface runoff
or storm drains.
Industrial parks may be established on a minimum
of 20 acres or more in either one lot or a combination of contiguous
lots. For purposes of achieving the minimum area requirement as noted
above, lots which are separated by a public right-of-way shall may
be considered to be contiguous for purposes of this section. All industrial
parks shall comply with the following conditions:
A.
Only industrial and commercial or retail uses listed
in the C-1 Center Business, CHB-1 Center Highway Business, PHB Planned
Highway Business and the CM Industrial/Business Zoning Districts'
Schedule of District Regulations shall be permitted by right in an
industrial park along with such conditional and accessory use listed
within the same zoning districts and as shown on the said Schedule
of District Regulations. The Land Use Board may permit other commercial
or industrial uses if said proposed use does not subvert the intent
or the purpose of the zoning district in which it is to be located
and appears to be reasonably similar or related to cited permitted
principal, conditional or accessory uses, or is deemed suitable to
the industrial park proposed and the intent of this section.
B.
Any industrial park shall be subject to subdivision review as set forth in § 120-42 of this chapter and shall obtain approval of the Land Use Board for any parcel within said park to be sold, leased or otherwise established and utilized for an industrial or commercial use as permitted by this section. Additionally, individual parcels to be utilized for industrial or commercial use are subject to site plan review as set forth in § 120-42 of this chapter separate and apart from the subdivision approval of the industrial park itself. Said site plan review of individual parcels shall be limited to proposed on-site development and its overall coordination or connection to the said park and its facilities or systems.
C.
In reviewing any proposed industrial park, the Land
Use Board shall either determine that no adverse effects will result
from such development or make such requirements as deemed reasonable
and necessary to minimize or eliminate any perceived or expected possible
adverse effects. In making such determination, the Land Use Board
shall be authorized to request such information or detailed reports
as deemed reasonably necessary in order to make said determination.
D.
The minimum right-of-way for a road in an industrial
park shall be 60 feet.
E.
Industrial parks shall have a sufficient buffer strip
established adjacent to roadways, scenic vistas, and adjoining residential
property to screen the commercial and industrial activity from said
adjoining roadways, corridors or properties. At a minimum said buffer
shall be 30 feet, but shall be increased by the Land Use Board where
deemed reasonable to provide the screening and buffering necessary.
Said buffer area may be utilized in computing minimum setback requirements
in connection with any single tract or parcel within or a part of
the park.
F.
The minimum tract or lot size within an industrial
park shall be two acres. In setting minimum setback requirements and
other lot dimensions for area and frontage for any proposed development
within an industrial park, the Land Use Board shall be guided by the
minimum and maximum building standards for individual uses as set
forth in the Schedule of District Regulations which correspond to
the proposed development use or uses.
Local wireless communication facilities may
be established within the Township as provided for in the schedules
of district regulations and in accordance with the following conditions:
A.
Purpose. The purpose of this section is to establish
provisions regulating the number, location, design and construction
of local communications facilities, including towers, antennas, equipment
sheds, and appurtenances, in order to accommodate the personal and
commercial needs of the citizenry while protecting the health, safety,
vitality, and general welfare of the community and its environment.
The goals of this section are:
(1)
To provide for adequate wireless communications throughout
the entire Township while minimizing the total number of communications
towers;
(2)
To minimize the impact of local communications facilities,
particularly towers, on areas of scenic and cultural significance
to the Township and the region;
(3)
To encourage the location of such towers as are necessary
in nonresidential and nonrecreational areas;
(4)
To require the use of existing towers and other structures
as support platforms for local communications facilities to the extent
consistent with the purpose and the other goals of this chapter;
(5)
To require the collocation of local communications
facilities of competing providers in order to reduce the number of
required towers;
(6)
To ensure that such towers are sited, constructed,
and maintained in a manner which poses the fewest hazards to the general
public as possible; and
(7)
To provide for the timely removal of local communications
facilities and the restoration of the sites they occupied once they
are permanently withdrawn from service.
B.
Applicability.
(1)
All new wireless local communications facilities,
be they affixed to freestanding towers or mounted on existing structures,
and any structures, equipment, or features accessory to the operation
of said facilities, shall be subject to the provisions contained herein
this chapter.
(2)
Existing local communications facilities shall not
be required to conform to the provisions contained herein until such
time as they are to be altered for installation of additional facilities.
C.
General provisions and requirements.
(1)
Upon approval by the Land Use Board, the construction
and operation of local communications facilities shall be permitted
as a conditional use in certain parts of the Township subject to the
provisions and limitations contained herein.
(2)
The Township may seek, at the applicant's expense,
independent expert advice on the specific location need for, design,
construction, and operation of local communications facilities to
aid in the evaluation of applications for such facilities.
(3)
The applicant for a local communications facility
which involves construction of a freestanding tower more than 100
feet in height shall make space available on the tower for municipal
communications needs to the Township, if technical operating requirements
allow. The Township shall use such space solely for installation of
communications devices for fire, police, or emergency medical services.
(4)
The total number of local communications facilities
in the township shall be the minimum necessary to provide adequate
service. As such, no application for construction of a local communications
facility shall be approved until the applicant has demonstrated that
there is a need for the facility and that there is no existing, suitable
facility within the service which could be utilized. Citation in a
comprehensive plan approved by a competent regulatory agency shall
serve as evidence of the need for a facility in a general area but
not as to the need for any specific site.
(5)
The applicant shall agree in writing to submit certification
to the Land Use Board every five years that the proposed local communications
facility is still in use and that its height cannot be decreased because
of operational needs. Oversized facilities shall be reduced to the
minimum height necessary for operational needs, as determined by the
Land Use Board, within twelve months of the certification.
(6)
The use of existing structures as support platforms
for local communications facilities shall be required in all cases
where consent of the structure's owner has been secured; use of the
structure will not interfere with the signal emitted from other local
communications facilities and is otherwise technically feasible; use
of the structure will not increase the total number or affect the
location of new towers that will be built in the Township; and the
following circumstances apply:
(a)
Use of the structure will not require expansion
and the addition of a local communications facility does not harm
the character and integrity of the exiting structure;
(b)
Use of the structure will require an expansion
in height but not in excess of 50% of its current height, area or
massing profile, and it is an existing communications structure; or
(c)
Use of the structure will require an expansion
in excess of 50% where the expansion or reconstruction will preserve
the current use and the visual impact of installation of expanded
structure will be less than that of a new local communications facility.
(7)
The applicant agrees that if a new tower is approved,
collocation will be permitted unless technically infeasible. The applicant
shall also agree that all of the local communications facilities under
his or her control within the Township shall be made available for
collocation purposes.
D.
Height limitations and location requirements for new
local communications facilities.
(1)
Within those zoning districts identified below where
allowed as a conditional use, new local communications facilities
may be built to whatever height is the minimum necessary to provide
adequate service, as demonstrated by the applicant and determined
by the Land Use Board.
(2)
All new local communication facilities proposed in areas of the Township as noted herein above in Subsection D(1) shall meet the following location requirements:
(a)
New local communications facility towers shall
not exceed 200 feet in height, as measured from grade. Freestanding
towers built to a less height shall be designed so that their height
may be increased to a maximum of 200 feet if necessary to accommodate
the needs of other local communications facilities.
(b)
All new local communications facility towers
shall be located within the area consistent with the service need
for the facility as specified in the proof of need for said tower
as required by § 120-122C(5) and presented to the Land Use
Board. The applicant shall initially determine and demonstrate a technically
feasible search area for a tower location.
[1]
If the search area contains lands located in
more than one zoning district as shown on the Township Zoning Map,
the applicant shall seek to site the facility in accordance with the
following hierarchy, with the first designation being the location
of greatest preference:
[a]
Within the A Agricultural Zoning
District and excluding lands within the Stream Corridor Protection
and Conservation Overlay District:
[i]
Located on existing structures
such as barns, silos, towers;
[ii]
Within those lands located within
the Agricultural Industrial; or
[iii]
wooded sites or vacant lands
not deemed to be environmentally sensitive due to the presence of
wetlands, habitats of endangered plant or animal species, or designated
or documented historic or cultural sites.
[b]
Within the C-1 Center Business,
CHB Center Highway Business, PHB Planned Highway Business, and CM
Industrial or P Public Zoning District, new local communication facility
towers shall be permitted only at the following locations:
[i]
On developed publicly owned lands
within 500 feet of an existing structure, provided that the facility
will be located on previously disturbed lands that have not subsequently
been restored and that no facility will be located on state, county
or municipal conservation lands, state recreational lands or county
or municipal lands used for low intensity (passive) recreational purposes;
[ii]
On the parcel of an existing first
aid, fire station or other public structure or use; or
[iii]
the parcel of an existing landfill,
provided that the facility will be located on previously disturbed
lands that have not subsequently been restored.
[iv]
On an existing developed property
with first priority given to areas not adjacent to residentially zoned
or utilized lots.
(c)
To the extent feasible and consistent with other
provisions contained in this chapter, new local communications facility
tower shall be sited in a manner which:
[1]
Minimizes visual impacts as viewed from publicly
dedicated roads and highways and from other areas frequented by the
public by, in order of decreasing priority:
[2]
Avoids, to the maximum extent practicable, visual
impacts as viewed from the scenic vistas;
[3]
Minimizes visual impacts as viewed from existing residential dwellings located on contiguous parcels through adherence to the buffer, setback and screening established in § 120-71 of this chapter.
[4]
Provide camouflaging of said tower(s) so as
to blend in with surrounding areas and structures to the greatest
extent possible.
(d)
If multiple sites for new towers which meet
all other qualifications are available, the site with the least visual
impact shall be selected; if only a single qualifying site is available,
the best location on the site that meets all other standards of this
chapter shall be selected.
(e)
The design and construction of all new local
communications facility towers shall adhere to the provisions regarding
setbacks from stream corridors, scenic vistas and environmentally
sensitive areas. Applicants shall employ design strategies intended
to mask, disguise, or hide local communications facility towers so
that they blend into the natural background to the maximum extent
possible.
(3)
The following provisions shall apply throughout the
Township:
(a)
Local communications facilities shall be located
so as to meet the technical operating requirements of the applicant
and any potential collocators who have expressed a desire to use the
same facility.
(b)
Local communications facilities shall be located,
in order of preference, on:
[1]
Existing structures whose appearance would not
be significantly altered (no more than de minimis change in their
mass or height), and no impact upon a historic structure or structures
within historic districts that have been designated in the adopted
Township Master Plan, the Cumberland County Register of Historic Sites
and Structures, or other duly recognized register of historic sites
or structures;
[2]
Other structures whose appearance would be significantly
altered, provided that the visual impact of the former would not exceed
that of the eligible undeveloped sites; and
[3]
Undeveloped sites eligible for a new tower.
(4)
All freestanding local communication facility towers shall maintain a minimum distance of 200 feet from any other structure not on the parcel, public road, sidewalk, residentially developed lot or recreational area and shall comply with the siting design of Subsection D(2)(c) b(5) above, where applicable. The Land Use Board may reduce this setback requirement by as much as 50% of the required distance, if it finds that limited sites and land tenure necessitates such reduction and safety and visual impacts may be alternately addressed.
E.
Design and construction requirements.
(1)
All local communications facilities shall meet or
exceed current stands and regulations of the Federal Aviation Administration,
the Federal Communications Commission and any other agency of the
state or federal government with relevant authority. If such standards
or regulations are amended, the owners of local communications facilities
in the Township shall bring such facilities into compliance within
six months of the effective date of such amendments. Failure to bring
such facilities into compliance shall constitute grounds for removal
of the facility by the Township at the owner's expense.
(2)
All new freestanding support towers shall be designed
and constructed so as to accommodate the needs of any other local
communications provider who has identified a need to locate a facility
within an overlapping service area.
(3)
All new freestanding support towers shall be of lattice-type
construction, except that monopoles may be employed if the applicant
warrants that:
(a)
The tower can and will be expanded if necessary
to the maximum height permitted within the zoning district to accommodate
any other local communications provider who expresses a need to collocate;
or
(b)
If the tower cannot be expanded, it will be
replaced, without service interruption to current users, by a tower
which can accommodate the collocation needs of other communications
providers.
(4)
Any accessory shed or other accessory structure shall
be built solely to house equipment essential to the operation of the
local communication facility and shall be designed, painted, and/or
screened by year-round landscaping to blend in with the surrounding
environs to the extent possible, as determined by the Land Use Board.
The structure shall be located as close to the antenna support structure
as possible and shall not exceed 10 feet in height or 100 square feet
in area, unless expressly authorized by the Land Use Board. Only one
such structure shall be permitted per facility user, unless a need
is otherwise demonstrated to the Land Use Board. If feasible, additional
land for the equipment needs of future collocators shall be secured
in the purchase/lease of the selected site or be available by lease
agreement.
(5)
Any access road to the local communication facility
shall be landscaped or be oriented in such a way as to preclude a
direct view of the facility from a public venue.
(6)
Secure fencing may be required if the Township determines
that it is necessary for the safe operation of the facility.
(7)
No artificial lighting may be attached to any local
communications facility except as required by the Federal Aviation
Administration or other regulatory authority with jurisdiction. Lighting
of equipment and any other structure on site shall be shielded from
abutting properties. There shall be total cutoff of all light at the
property lines of the parcel to be developed, and footcandle measurement
at the property line shall be 0.0 footcandles when measured at grade.
Lighting shall be the minimum necessary to conform to applicable requirements.
(8)
No sign will be attached to any local communications
facility except as is necessary to provide operational or maintenance
instructions or warnings to the general public. No sign will be attached
at a level more than 10 feet above grade. The use of any portion of
a facility for any form of advertising is prohibited.
(9)
The following standards shall apply to clearing and
landscaping for construction of new local communications facilities:
(a)
Clearing of existing vegetation shall be limited
to the minimum necessary to allow for access to and operation of the
facility;
(b)
The lower portions of local communications facilities
which will be located adjacent to residential zones, recreational
areas, or public roads shall be screened at ground level from public
view to the maximum extent practical in the following manner:
[1]
One or more rows of evergreen trees, at least
four feet in height when planted and capable of forming a continuous
hedge at least 15 feet in height within five years of planting, shall
be required and spaced not more than seven feet apart around all lattice
towers and any monopole over 50 feet in height;
[2]
Adjacent to residential zones and recreational
areas, an additional row of deciduous trees no less than 1 1/2 inches
in diameter measured three feet above grade, and space not more than
20 feet apart shall be planted around the evergreen trees;
[3]
The screening shall be maintained and replaced
as necessary while the facility is in service.
(10)
Local communications facilities mounted on an
existing structure shall be painted or shielded with material which
is consistent with the design features and materials of the structure.
To the extent that any local communications facility or its supporting
structure extend above the height of the vegetation immediately surrounding
it, they shall be painted in a light gray or light blue hue which
blends with sky and clouds.
F.
Maintenance and operation requirements.
(1)
The owner of a local communications facility shall
ensure that it is maintained in compliance with standards contained
in applicable state or local building codes and the applicable standards
for towers that are published by the Electronic Industries Association,
as amended from time to time. Such maintenance shall include, but
is not limited to, painting, structural integrity of the mount and
security barrier, and maintenance of the buffer area and landscaping.
If, upon inspection, the Township concludes that a facility fails
to comply with such codes and standards and constitutes a danger to
persons or property, then upon notice being provided to the owner
of the tower, the owner shall have 30 days to bring the facility into
compliance with such standards. Failure to bring such facility into
compliance within the thirty day period shall constitute grounds for
the removal of the facility at the owner's expense.
(2)
No application for installation of a local communications
facility shall be approved unless the applicant has submitted evidence
that a surety bond has been established which will provide for removal
of the facility and restoration of the disturbed area in accordance
with this chapter within 12 months of its ceasing to operate. In any
event, the Township shall, at the expense of the owner, remove any
such facility which has been out of operation for a period greater
than 12 months.
(3)
All local communications facilities shall be operated
in a manner consistent with the "Guidelines for Evaluating the Environmental
Effects of Radio Frequency Radiation," as published and amended from
time to time by the Federal Communications Commission.
(4)
Local communications facilities adjacent to residential
or public recreational areas shall not increase the ambient noise
level nor cause any persistent level of vibration in excess of 50
db beyond the property lines of the parcel on which they area situated.
(5)
At annual intervals from the date of the issuance
of the conditional use permit, the applicant shall submit measurement
of the noise and the radio frequency radiation from the local communications
facility. Such measurements shall be made by a qualified technician
and shall certify that they are within applicable limits.
G.
Application requirements.
(1)
Preapplication conference: Early consultation by applicants with Township officials and Land Use Board is encouraged so that all information necessary for an informed decision is submitted and delays are avoided. As such, prior to submission of a development application for approval of a local communications facility in accordance with this section, the applicant may request to convene with the Land Use Board at a public meeting in order to discuss the proposed facility in general terms and to clarify the filing requirements. Upon receipt of a written request for a preapplication conference, the Land Use Board will meet with the applicant at the next regularly scheduled meeting of the Board for which adequate public notice can be provided. While there are no formal filing requirements for this conference, the applicant is encouraged to prepare sufficient preliminary architectural and/or engineering drawings to inform the Board of the general location and likely scale and design of the facility. Failure to request such a conference will not prejudice any subsequent consideration of a formal application by the Land Use Board. Any such preconference request shall be subject to the provisions of § 120-50 of this chapter.
(2)
New local communications facilities shall require
conditional use approval and major site plan approval by the Land
Use Board.
(a)
All persons seeking to build such a facility must submit an application to the Land Use Board which in addition to the requirements of § 120-52 of this chapter must also contain or be revised to conform to the following requirements:
[1]
A scaled site plan clearly indicating the location
(including street address and block/lot), type, method of construction
and height of any proposed tower and any accessory structure(s); on-site
land uses and zoning; contour lines at no greater than five-foot intervals
AMSL; existing structures; land uses and zoning within 200 feet (including
adjacent municipalities); any roads within 200 feet; proposed means
of access; limits of clearing; and setbacks from property lines;
[2]
Photographs of the proposed site of the facility
showing current conditions;
[3]
The setback distance from the nearest structure;
[4]
A map showing the location of all other local
communications facility towers and other structures within the Township
as well as outside the Township within a five-mile radius. The applicant
shall also identify the height and type of construction of all such
structures;
[5]
A landscape plan showing proposed landscaping;
[6]
The location and type of proposed fencing, if
applicable, and the type, location, color and power of any illumination;
[7]
An assessment of the suitability of the use
of existing towers or other structures within the search area to accommodate
the local communications facility in lieu of a tower, if a new tower
is proposed;
[8]
An assessment of the suitability of the site
to accommodate additional equipment sheds and similar needs of other
wireless providers who may wish to collocate on the proposed facility;
[9]
Written confirmation from any other wireless
providers who have expressed a desire to collocate on the proposed
facility that the selected site meets their operational needs and
space requirements for equipment sheds and the like; and
[10]
Computer simulation models, photographic juxtaposition and similar techniques are not mandated, but, if submitted in support of the application, may be used by the Land Use Board in determining conformance with the visual impact standards of Subsection D(2)(c) herein this section.
[11]
In the event that collocation
is found not to be feasible, a written statement of explanation shall
be submitted to the Land Use Board. The Land Use Board may retain
a technical expert in the field of radio frequency engineering to
verify if collocation at the site is not feasible or is feasible given
the design configuration most accommodating to the collocation, or
that a new tower has less visual impact at an alternative site. The
cost of such a technical expert will be at the expense of the applicant.
(b)
The Township permits wireless communications
providers to submit a single application for approved multiple facilities.
(3)
The National Environmental Policy Act (NEPA) applies
to all applications for personal wireless service facilities. NEPA
is administered by the FCC via procedures adopted as Subpart 1, Section
1.1301 et seq. (47 CFR Ch. I). The FCC requires that an environmental
assessment be filed with the FCC prior to beginning operations for
certain facilities. The environmental assessment must be submitted
as part of any Township application for such a facility.
It shall be unlawful for any person to place,
locate, keep, occupy or maintain a mobile home for the purpose of
residency within the limits of the Township, except in accordance
with the provisions of this section:
A.
Job trailer placement and/or use. Temporary use of
one mobile home or trailer structure for "job trailer," as an accessory
use to a permitted principal use construction site on the same lot
therewith for a period to be set forth on the permit therefor and
as determined by the Land Use Board based on reasonable projected
construction time, shall be permitted. The temporary use and location
of said mobile home or trailer structure shall cease upon expiration
of the time period set by the Land Use Board or within 30 days of
the issuance of a certificate of occupancy for the said permitted
principal use so constructed, whichever occurs first. In no case shall
the permit for said temporary use exceed 18 months.
B.
Mobile home use during dwelling construction. Use
of a mobile home or travel trailer, as a temporary residence for the
immediate family members and the owner or owners of a property for
which zoning and construction permits have been issued for the construction
of a single-family, detached dwelling, shall be permitted subject
to the following provisions:
(1)
The property whereon the dwelling is to be construction
shall be at least one acre in size.
(2)
In such situation, the placing of the either one mobile
home, motor home or travel trailer shall be restricted to the lot
for which the construction permit for construction of the single-family,
detached dwelling has been issued, and the mobile home, motor home
or travel trailer shall not be occupied until it has been connected
to a permanent water supply and sanitary sewer system which have been
installed or provided for the proposed dwelling, or a Board of Health
approved and Uniform Construction Code acceptable sanitary sewer system
and potable water supply system have been installed on or is available
and suitable for such use on the property for use by said temporary
mobile home; said mobile home is completely and satisfactorily connected
to said systems according to the Uniform Construction Code and all
necessary approvals and permits have been issued or obtained for same;
and the sanitary sewer and potable water supply systems are designed
and intended for use by the residential structure, once completed,
and the mobile home is disconnected from same prior to the issuance
of a certificate of occupancy for the new home.
(4)
The temporary mobile home is sited, installed and
fully compliant with all applicable requirements of this chapter,
the Uniform Construction Code and any other applicable regulations
including requirements for securing and tying down said temporary
mobile home as required by law or regulation.
(5)
Said temporary use shall be clearly stipulated in
the zoning permit for such a mobile home and shall be for a period
to begin with the start of construction (as opposed to the issuance
of a construction permit) and end with the issuance of a certificate
of occupancy for the newly constructed residential structure or 12
months from the date of the issuance of the temporary permit, whichever
shall occur first. Any request for continued use of said temporary
facility shall require an application to the Zoning Officer including
justification of why construction has been delayed. If granted, an
extension shall not be for more than six additional months.
(6)
It is the intent of this subsection to permit property
owners to utilize temporarily a mobile home to safeguard and protect
the construction of a dwelling and to deter or prevent theft and vandalism
thereto. Said use shall be temporary and in no case permitted to continue
after the issuance of a certificate of occupancy for the new residential
structure for which the temporary use of said mobile home or trailer
was requested. No actions which attempt to make permanent the placement
of any mobile home on the site, such as the installation of a foundation,
separate septic system or similar action, shall be permitted. Under
no circumstances is this section to be understood or interpreted to
permit, authorize or approve that the issuance of a zoning permit
for the temporary use of a mobile home permits its use by any person
or persons other than the owner(s) of the property on which it is
located or that said temporary use may be considered a permanent placement
and a permitted use of the said mobile home once a certificated of
occupancy for the new residential structure has been issued.
(7)
Any mobile home permitted to be used temporarily during
the construction of a new residential structure shall be disconnected
from any public utility, including electric, gas, and the property
potable water supply and septic system within 48 hours of the issuance
of a certificate of occupancy for the newly constructed residential
dwelling; and the mobile home shall be physically removed from the
site.
(8)
An applicant for a zoning permit to allow the temporary
use of a mobile home during the construction of a residential structure
shall be required to sign an agreement that he/she understands the
terms of said temporary placement and use of said mobile home under
the provisions of this subsection and shall agree to remove same upon
the issuance of a certificate of occupancy for the new residential
structure, and further attesting to his/her understanding that the
temporary use of the mobile home is strictly for the owner(s) of the
property involved and their minor children; and no other persons,
regardless of relationship to the said owner(s), is to be permitted
during construction or after the issuance of the new residence's certificate
of occupancy.
(9)
The owner or owners of the lot involved in such temporary use of a mobile home, motor home or travel trailer, shall be required to post with the Township Clerk a bond in the amount $1,000 to secure removal of the mobile home, motor home or travel trailer within the time required in Subsection B(4) hereinabove.
(10)
Application for a permit under this section
shall be made to the Zoning Officer, and it shall not be issued until
the aforesaid bond has been posted with the Township Clerk, copies
of the zoning permit and construction permit for the property and
proposed dwelling to be constructed thereon are submitted or supplied
and the Zoning Officer has been presented with satisfactory proof
that the applicant is in compliance with the provisions of this section.
C.
Temporary use of a mobile home during an emergency
situation.
(1)
Temporary use of one mobile home where an existing
residential structure has been destroyed or made uninhabitable by
an emergency situation as defined in this chapter, and only when occupied
by the owner of the said destroyed residential structure and, when
a new structure is permitted to be constructed on the site and while
the new residential structure is being constructed. Said use shall
be for a period not more than six months which period may be extended
for an additional period of not more than six months in the event
that the Zoning Officer is of the opinion that the emergency condition
cannot be corrected within the original six-month period. In no event,
however, shall the emergency occupancy of the mobile home be more
than 15 days after a certificate of occupancy is issued for the repaired
and/or replacement dwelling.
(2)
Said temporary use of an independent mobile home or
manufactured home in an emergency situation as noted hereinabove shall
be in accordance with the following conditions:
(a)
Any person requiring or requesting temporary
residency in an independent mobile home in an emergency situation
shall apply directly to the Zoning Officer on a form to be supplied
by the Township and shall provide documentation verifying the name
and address of the owner of the independent mobile home. If the resident
of the residential structure made uninhabitable by the emergency situation
is not the owner of the property whereon the said structure is located,
then the application must cosigned by the residential structure and/or
property owner.
(b)
Once said application is approved by the Zoning Officer, the property owner wishing to use the independent mobile home shall enter into an agreement and post a bond with the Township as provided in Subsection B(8) and (9) herein this chapter. Said agreement shall provide the Township with right of entry onto the property by Township officials for inspection and removal purposes.
(c)
The mobile home shall be connected to an acceptable
and approved potable water supply and sanitary sewer system as determined
by the Township Construction Code officials and applicable regulations.
(d)
No mobile home used for temporary residency
as provided for herein this subsection shall be located within 10
of any property line or in such a way as to pose an undue threat to
public safety, health and welfare of the property owners or to adjoining
properties.
(e)
No mobile home utilized in accordance with the
provisions of this subsection shall be place upon a permanent foundation
or shall be in any other way placed, installed or attached to another
structure which would make the said mobile home's, trailer's removal
from the site impossible or otherwise unnecessarily difficult to the
continued viability of the other structure's use or integrity.
(f)
The mobile home shall be placed on the same
property on which was located the single-family residential structure
that was accidentally damaged or destroyed giving rise to the emergency
situation, and shall be only occupied by those persons who were occupants
of said single-family residential structure.
D.
Mobile home parks. Mobile home parks may be established
and operated as provided in the Schedule of District Regulations and
in accordance with the following provisions of this section and any
Township ordinance requiring the licensing of mobile home parks which
ordinance shall provide for the number of licenses to be issued by
the Township Committee.
(1)
Standards for mobile home parks. All mobile home parks
shall meet the following regulations and requirements:
(a)
Mobile home parks shall be located on tract(s)
of land as set forth in the Schedule of District Regulations for the
zoning district wherein said parks are permitted and shall:
[1]
Encompass a minimum of 30 contiguous acres of
land in single ownership which land is adjacent to the Town of Rosenhayn
and is served by a public sanitary sewer system or is within 300 feet
of connection to a public sanitary sewer system;
[2]
Have a minimum of 500 feet of frontage on an
arterial or collector Level 1 roadway as identified in the adopted
Township Master Plan;
[3]
Have an average depth for the lot in question
of 1,000 feet;
[4]
Not have more than 20% of the site proposed
for a mobile home park designated or found to be:
[5]
A proposed mobile home park shall not be located
adjacent to commercial or industrial activities which involve the
dispensing of petroleum products, repair, storing or servicing of
motor vehicles, trucking facilities including terminals, warehousing
or distribution operations, and company fleet vehicle parking or storage
facilities or areas.
(b)
The number of mobile or manufactured home spaces
per acre shall not exceed five.
(c)
Mobile homes may not be installed or relocated
to any approved space within a licensed mobile home park. Only manufactured
homes may be installed on any vacant approved space within a licensed
facility.
(2)
Standards governing mobile home spaces. The following
regulations shall be met with regard to any mobile home space within
a mobile home park:
(a)
Area. The minimum area of a mobile or manufactured
home space shall be 5,000 square feet. The mobile or manufactured
home space boundaries shall be measured from the back of the curb
and shall be clearly defined.
(b)
Frontage. The minimum frontage on park drives
shall be 50 feet, except along culs-de-sac or along curved park drives,
where it shall be 30 feet.
(c)
Numbering of spaces. A consecutive numbering
system shall be established, and each mobile or manufactured home
space shall be clearly identified by a number in accordance with the
provisions of any Township ordinance requiring licensing of mobile
home parks.
(d)
Home orientation. All mobile homes and manufactured
homes shall front on a park drive. No mobile or manufactured home
space shall be placed closer than 100 feet of a public street line.
(f)
Setback along park drives. No mobile home, manufactured
home or accessory building thereto shall be placed closer than 20
feet to any park drive, as measured from the back of the curb.
(g)
Setback from side and rear boundaries of park. No mobile or manufactured home space shall be placed closer than 200 feet to the side and rear boundaries of any park. The setback shall be reduced to 100 feet when adjacent land is also used for a mobile home park. The two-hundred-foot setback requirement for side or rear boundaries may be reduced to 100 feet if the Land Use Board determines that land adjacent to the proposed mobile home park is already preserved and/or buffered so as to assure the overall two-hundred-foot separation between land use activities on the lot in question and the adjoining property or properties. Where utility or drainage easements or any agricultural buffers as per § 120-71G of this chapter, are required along side or rear boundary lines, the easement and/or buffer areas shall not be used or included as part of a mobile or manufactured home space.
(h)
Accessory buildings. Accessory buildings shall
be placed in conformance with the Schedule of District Regulations
of this chapter and the New Jersey Uniform Construction Code.
(i)
Design and occupancy. No mobile home or manufactured
home shall be inhabited by a greater number of occupants than the
number registered in the mobile home park or the number permitted
by the applicable codes, whichever is less.
(3)
Signs. All signs in a mobile home park shall comply with the § 120-115 of this chapter, and detailed illustrations of all signs to be installed shall be submitted for review and approval prior to issuance of permits. In reviewing signs, the approving authority shall consider appropriateness and the degree to which the signs enhance the visual appearance of the park, the public areas, the public streets and the architectural style of the existing and proposed accessory buildings, as well as the quality of the residential environment for those who live in the park. In addition to the park identification sign, the following signs shall be provided:
(a)
Along the park drive at each entrance to a mobile
home park, a plan of the park, depicting accurate drive names and
mobile or manufactured home space numbers, shall be posted. Said plan
shall be a maximum of 32 square feet in size.
(b)
Signs shall be required at all intersections
identifying drive names.
(4)
Construction standards.
(a)
The standards established by the New Jersey
Residential Site Improvement Standards Act and the New Jersey Construction
Code, the Illuminating Engineering Society, the New Jersey Department
of Environmental Protection, the Soil Conservation District, and such
other statutory provisions which pertain shall apply. Each phase or
type of construction shall comply with the applicable codes and standards.
(b)
Two hundred square feet of concrete shall be
provided in each mobile or manufactured home space to coincide with
the entrance to the mobile home or manufactured home prior to the
issuance of a certificate of occupancy. An elevated deck of equal
size may be substituted for the 200 square feet of concrete.
(c)
Subject to the approval of a waiver of the New
Jersey Department of Community Affairs, a right-of-way of less than
50 feet in width sufficient to contain the required cartway and curbing
may be provided. The Land Use Board may require that the right-of-way
and cartway widths of a new drive that is a continuation of an existing
drive be at least the same widths as the existing drive.
(d)
Curbing for all mobile home park developments
shall be made of concrete and may be designed as vertical curb or
mountable curb in accordance with the construction standards in the
New Jersey Residential Site Improvement Standards.
(e)
Bicycle paths and lanes, a minimum of six feet
in width, shall be provided when the Master Plan so recommends them
in the location of a proposed residential setting. The Land Use Board
may require said bicycle paths when the mobile home park is designed
for more than 40 units and/or is age-restricted.
(f)
The minimum levels of illumination to be provided
are 0.1 average maintained footcandle for all parts of the park zone
system and 0.3 average maintained footcandle for potentially hazardous
locations. For other specifics, refer to the Illuminating Engineers
Society standards.
(5)
Traffic impact statement and circulation.
(a)
A traffic impact statement (TIS) shall be submitted
with an application to expand a mobile home park, if the proposed
expansion generates traffic flows in excess of 10% of the existing
flows as measured on a weekday between 7:00 a.m. and 7:00 p.m. at
the access/exit points.
(b)
Roadways within a mobile home park shall be
private drives, unless after consultation with the governing body,
the Land Use Board deems it appropriate and reasonable to require
dedication of all streets within a mobile home park.
(c)
Park drives shall be designed to provide convenient
access to all mobile or manufactured home spaces. Where dead-ended
drives are necessary, culs-de-sac shall be installed.
(d)
Park drives shall be designed to avoid destruction
of natural resources such as trees, scenic views and waterways.
(e)
The overall clarity of the vehicular circulation
plan must be evident.
(f)
Landscaping and barrier plantings shall be used
to insulate residents of the park from public thoroughfares and/or
adjacent properties not used for residential purposes.
(g)
Block sizes shall be the maximum consistent
with the shape of the site and the convenience and safety of the park
residents. Blocks longer than 600 feet shall be designed with mid-block
pedestrian easements at least 10 feet in width to be improved with
a four-foot wide concrete sidewalk.
(h)
Clear sight triangles shall be provided and
maintained at intersections with public streets and at park drive
intersections.
(6)
Parking and service area regulations.
(7)
Refuse storage and collection, pest and weed control.
(a)
Refuse shall be stored in tightly covered containers
and kept under sanitary conditions.
(b)
Each mobile or manufacturing home space or centralized
location shall be provided with one of the following:
[1]
A slab of impervious material large enough to
accommodate the number of required containers.
[2]
A rack or holder which provides at least six
inches of clear space beneath or a cart which provides at least four
inches of clear space beneath.
[3]
A properly protected container in an underground
storage installation.
(c)
The area surrounding refuse containers and collection
areas shall be kept free of litter, stagnant pools or articles which
hold water and provide insect-breeding places.
(d)
Centralized locations shall be screened with
solid fencing and landscaping.
(e)
Refuse containers shall be repaired or replaced
when damaged.
(f)
Refuse shall be collected at least once a week.
(g)
Mobile home parks and mobile home lots shall
be kept free from articles which may hold water and provide temporary
breeding places for mosquitoes. Permanent mosquito control measures,
such as draining and filling depressions in which water may collect,
shall be taken by park management, together with supplemental larvicidal
measures as need dictates.
(h)
Fly breeding shall be controlled by eliminating
the insanitary practices which provide breeding places. Refuse containers
shall be repaired when so damaged that they leak or their lids do
not fit in a fly-tight manner. The area surrounding the refuse container
shall not be permitted to become littered with garbage or saturated
with waste liquid from garbage. All containers shall be maintained
in a clean and sanitary condition.
(i)
Insecticidal measures shall be applied if necessary.
(j)
All buildings within the mobile home park shall
be rat-proofed and items in storage shall be maintained in such a
manner as to eliminate the possibly of rodent harborage.
(k)
The growth of brush, weeds and grass shall be
controlled as a means toward elimination of ticks and chiggers.
(8)
Open space.
(a)
A minimum of 15% of the total acres of a mobile
home park shall be reserved as open space. At least 25% of the required
open space for non-age-restricted developments shall be located in
one defined area suitable for active recreation and field sports and
shall be free of environmental constraints, including stormwater detention
or retention basins.
(b)
Recreation areas shall be so located and arranged
as to provide for the maximum efficiency of function, benefit and
convenience to all the park residents. Details of active recreational
facilities shall be shown on the site plan to be approved by the Land
Use Board. Facilities shall be provided in accordance with the anticipated
population of the park including tot-lots, playgrounds, sport fields
and/or courts, a swimming pool or other active recreational facility.
(c)
For age-restricted development (i.e., for persons 55 years of age or older), the minimum massed open space referred to in Subsection D(8)(a) above may be waived if a community building or center is provided. The size of the building or center shall be based on 30 square feet per mobile or manufactured home space in the development, up to a maximum of 7,200 square feet, with a minimum building area of 1,500 square feet. At a minimum, the community building or center must include a meeting room, kitchen and rest-room facilities.
(d)
Setback areas abutting public streets and agricultural
and wetlands buffer areas shall not be used to meet the open space
requirements nor shall such areas be put to recreational use.
(e)
Any areas devoted to active sports, such as
softball, tennis or swimming shall be enclosed by fencing of sufficient
height to minimize potential hazard and nuisance to adjacent residences,
mobile homes or manufactured homes. In addition to fencing, screening
may be required to ensure privacy and buffer noise.
(f)
Open space and recreational facilities maintenance
shall be the responsibility of the park management and shall include
maintenance of lawns, landscaping, paved areas, screening materials,
including fences and walls, as well as all the facilities to be used
in common.
(9)
(10)
Grading and drainage. Adequate provisions for surface water drainage facilities is essential. The provisions of § 120-89 of this chapter and the Residential Site Improvement Standards, whichever is applicable, shall be met. In preparing and reviewing drainage proposals, the following criteria shall apply:
(a)
Natural stream beds and all related floodplain
areas shall be clearly defined and protected. Care shall be taken
to minimize peak downstream runoff.
(b)
Surface drainage systems may include, where
necessary, detention structures which will assure no additional runoff
from the mobile home park subsequent to completion of the park.
(c)
Surface drainage systems shall be designed to
accommodate all runoff coming to or accumulating on the development
site.
(d)
Grading and drainage development shall conform
to the soil erosion and sediment control standards as applied by the
Soil Conservation District.
(11)
Provision of utilities. All mobile home parks
shall be connected to a public sanitary sewer system and be supplied
with an adequate supply of potable water, complying with the Residential
Site Improvement Standards. To assure that said supply and facilities
are provided, the following standards shall apply:
(a)
A water distribution system shall be provided
to transmit the potable water supply throughout the mobile home park.
The supply shall be made available to each mobile or manufactured
home space, building or other facility requiring water via a separate
water service pipe at a minimum pressure of 20 pounds per square inch.
(b)
The water shall be obtained from an approved
public potable water supply, if available at the boundary of the mobile
home park. If an approved public water supply is not so available,
a water supply system shall be developed in accordance with Standards
for the Construction of Water Supply Systems for Realty Improvements
promulgated by the State Commissioner of Health. The water supply
shall be approved by the state and local Department of Health prior
to use.
(c)
An individual water riser shall be located within
the confined area of each mobile home or manufactured home space at
a point where the water connection will approximate a vertical position.
The riser outlet shall be designed so that a watertight connection
can be made between the outlet and the mobile or manufactured home
piping system.
(d)
The water riser shall extend at least four inches
above the ground elevation. The outlet shall be plugged or capped
when not in use.
(e)
Adequate provisions shall be made to prevent
freezing of risers, valves and water service pipes and to protect
risers from heaving and thawing actions of ground during freezing
weather. Surface drainage shall be diverted from the from the location
of the riser.
(f)
Each riser shall be provided with a shutoff
valve conveniently available to the tenant in the event of an emergency.
(g)
The water supply system of a mobile home park
shall be provided with storage unless the supply is derived from a
public potable water supply and shall meet the following criteria:
[1]
The location, size, type and elevation of the storage facility(ies) shall be such as to meet the distribution pressure requirements as established in Subsection D(11)(a) above.
[2]
Potable water shall be stored only in impervious
tanks protected against surface drainage. All tanks shall be provided
with watertight covers, and any overflow or ventilation openings shall
be covered with metallic screen of not less than 16 mesh to prevent
the entrance of insects and vermin. No storage tank shall have a drainage
connection direct to a sewer.
(h)
No physical connection shall be made between
an approved public potable water supply and an unapproved water supply
unless it satisfies the provisions of N.J.S.A. 58:11-9.1 et seq. A
semipublic water supply is considered as an unapproved water supply
for the purpose of this regulation even though it may meet the Potable
Water Standards established by the State Department of Health and
the Department of Environmental Protection of the State of New Jersey.
(i)
Drinking fountains, if provided, shall be constructed
of impervious material and have an angle jet with the nozzle above
the overflow rim of the bowl. The nozzle shall be protected by a nonoxidizing
guard. The bowl shall be of easily cleanable design, without corners,
and the bowl opening shall be equipped with a strainer.
(j)
If the water furnished consumers in a mobile
home park is not obtained from a public water supply system, it shall
be sampled quarterly each year and submitted for bacteriological analyses
in accordance with the provisions of the Potable Water Standards established
by the State Departments of Health and Environmental Protection. All
results of samples taken under this regulation shall be assembled,
recorded and maintained by park management for inspection by the New
Jersey State Departments of Health and Environmental Protection, and
the Cumberland County Board of Health.
(k)
Mobile or manufactured home spaces shall be
provided with water risers and water service pipes of at least three-fourths-inch
nominal inside diameter. A shutoff valve shall be provided for each
water service pipe. Underground combination stop and waste valves
shall not be installed.
(l)
Each mobile home or manufactured home space
shall be provided with a building sewer connection. The building sewer
connection shall be at least four inches in diameter and shall be
equipped with a riser of the same diameter terminating sufficiently
above ground at not less than a forty-five-degree angle, to permit
adequate connection from the mobile or manufactured home. A trap and/or
vent shall not be installed on the building sewer. The following standards
shall be required:
[1]
The riser shall be firmly imbedded in the ground
and be protected against heaving, shifting and surface water. When
it is not in use, the riser shall be capped or plugged so as to render
it watertight.
[2]
The sewer connection shall be provided with
suitable fittings to effect watertight junctions. The connections
shall be self-draining and shall be effected by durable, noncollapsible,
corrosion- and weather-resistant, semirigid or rigid pipe. Such pipe
shall be plastic, copper or iron of suitable diameter (at least three
inches) to fit the drain outlet of the mobile or manufactured home
and the riser.
[3]
The park management shall maintain several spare
connectors and appropriate fittings, in good repair, to be used when
privately owned connectors do not meet the requirements of this regulation.
(m)
Sewer lines and appurtenances in a mobile home
park shall be laid in accordance with the Residential Site Improvement
Standards.
(n)
The plans for the proposed sewerage facilities
of a mobile home park, including sewer line and appurtenances thereto,
shall be approved by the Township and/or public utility which is to
provided sanitary sewer service to said park. Any required approvals
from the State Department of Environmental Protection and local Health
Department shall also be obtained prior to installation of said facilities.
(o)
Every mobile home park shall be equipped with
electric power provided to each mobile home park space in accordance
with the regulations of the Uniform Construction Code. All electrical
systems and equipment installed in mobile home parks shall be approved
by the Underwriters' Laboratories, Inc., or other recognized agency
having jurisdiction. All metal parts of a mobile or manufactured home
shall be adequately grounded.
(12)
Environmental conditions and impact statement. In reviewing an application for mobile home park development, the Land Use Board shall ensure that adequate provisions are made to preserve, protect and make maximum use of the natural features and resources of the site. To this end, an environmental impact statement shall be submitted with each application to expand a mobile home park. See § 120-52D(2)(e) of this chapter, for the contents of an environmental impact statement.
(13)
Energy conservation.
(a)
The orientation of mobile homes and manufactured
homes which can most effectively reduce the consumption of natural
and artificial fuels shall be given priority in the design stage of
the development.
(b)
Natural vegetation shall be utilized and supplemented
throughout the site to aid in achieving the fullest practical degree
of climate moderation. The Land Use Board shall evaluate the extent
to which the development plan has met the goal for energy conservation.
(14)
Aesthetics and safety features.
(a)
Visual consideration. In designing the layout
of a mobile home park development, emphasis shall be placed on the
visual effect. The perimeter of off-street parking areas, refuse containers
and collection areas and other service-related stations and/or facilities
shall be attractively screened by the use of appropriate fencing,
walls or landscaping. The Land Use Board shall determine that the
developer has made every effort to design a development which is visually
pleasing.
(b)
Quality of design. The nature, size, shape,
lighting and style of signs and of street and recreation area furnishings
shall be found to be in good taste, creating a sense of harmony. The
layout shall be designed to avoid the appearance of congestion or
sprawl (i.e., natural breaks in the development pattern to give definition
to nodes of differing land use: residential, open space, recreation
or service areas). Aesthetically pleasing natural features shall be
protected and enhanced.
(c)
Lighting and safety features. Proper lighting
promotes safety and can attractively illuminate. Special attention
shall be given to lighting for steps, ramps, intersections or any
potentially hazardous location. Lighting shall not be aimed directly
into the windows of a mobile home or manufactured home or directly
into patios thereof.
(15)
Buffers and landscaping.
(a)
Perimeter buffer intent. Mobile home parks are
typically adjacent to lower density residential development or land
zoned for lower density residential development. It is the intention
of this section to use larger boundary setbacks and existing or proposed
landscaping to provide adequate buffering between parks and existing
or future lower density development. In approving a buffering plan,
the Land Use Board shall take into consideration the depth and quality
of existing vegetation as supplemented by the developer in determining
if adequate screening is provided.
(b)
Existing perimeter vegetation. No trees or vegetation
shall be removed from street lines or property setback areas, except
for the removal of noxious, dead or diseased materials needed to improve
the health of the existing shrubs or to accommodate supplemental landscaping.
Clearing for streets, drives, intersection vision or utility installations
or similar, required improvements shall be permitted but only to the
extent needed to accommodate the improvement and necessary regrading.
(c)
Perimeter buffer standards:
[1]
The minimum standard for a planted buffer, assuming
there is no existing perimeter vegetation, is as follows:
[2]
Where existing vegetation is preserved, the minimum buffer quantities listed in Subsection (c)[1] above may be reduced to no less than 1/3 of the total, depending on the quality of the existing materials and their buffering performance. The proposed additional buffer materials will be judged based on compatibility with the existing vegetation and their ability to thrive in the proposed conditions.
[3]
When the perimeter buffer depth is reduced to less than the minimum, the quantities listed in Subsection (c)[1] above must be increased by no less than 1/3 of the total.
[4]
If a screening fence or wall is used, the minimum buffer quantities listed in Subsection (c)[1] may be reduced to no less than 1/3 of the total.
[6]
In calculating the required open space area,
25 feet of the perimeter and setback depth and all of an agricultural
buffer is presumed to be dedicated to the buffering function and is
not to be counted toward open space.
(d)
Landscaping. Landscaping shall be an essential
feature of the mobile home park and shall be used as a means of unifying
the total site. Tall trees and massing of plants can be used to create
focal points and define public areas. To the fullest extent, shade
trees shall be retained or planted at appropriate locations throughout
the park and shall be provided along public streets, at least one
for each 50 feet of drive and/or street frontage. Additional trees
must also be provided when spaces back up to other spaces or facilities
in time development. At least one tree for every three lots must be
planted along these rear lot areas. Deciduous trees shall have at
least one-and-three-fourths-inch caliper at planting; evergreen trees
shall be at least five feet tall; and all shrubs, other than dwarf
varieties, shall be at least two feet tall at planting.
(e)
Land Use Board review. In reviewing the screening/landscaping
plan, the Board shall determine that:
[1]
Erosion-resistant plants are planted for slope
areas.
[2]
The extent to which plantings along public roads
will buffer noise and light.
[3]
The adequacy of climate control by the use of
plants to serve as windscreens in winter and to provide shade in summer.
[4]
The plan makes all possible attempt to break
up the vista of long rows of mobile homes and manufactured homes.
[5]
The plan provides for a variety of species to
avoid extensive disease or winter-kill losses.
[6]
The plan provides some seasonal variations.
(16)
Development phasing regulations. If the applicant
chooses phasing, these regulations shall apply to all mobile home
parks:
(a)
The development of open space shall be completed
in proportion to match the area of the section for which final approval
is sought.
(b)
The length of the development period for the
entire park shall be determined by the developer, unless the Land
Use Board finds that the proposed time schedule is not reasonable,
would create excessive demands on Township services and facilities
or would not protect the health, safety and welfare of the community,
in which case the Land Use Board shall modify the time for completion
accordingly.
(c)
Each section of the mobile home park shall be
functionally self-contained and capable of sustained occupancy and
maintenance and shall be properly related to utility services to be
provided for the completed park.
(d)
Each section shall be covered by performance
and maintenance guaranties.
(17)
Conditions for preliminary approval: Prior to
the granting of a conditional use and preliminary site plan approval
for a mobile home park, the Land Use Board shall find:
(a)
The proposals for maintenance and conservation
of open space are reliable and that the space is adequate for the
intended purposes.
(b)
The physical layout of the plan provides for
public services, traffic control and minimal adverse impacts on the
environment during and after construction.
(c)
The development will not have an unreasonably
adverse impact upon the area or upon municipal services, or that said
development will not be unavoidably adversely impacted by existing
land use activities in the area.
(d)
The conditions applied to protect the public
and the residents of the completed park are adequate in the case of
each phase or stage of development.
(18)
Effect of final site plan approval: In addition to the effects of final site plan approval as noted in § 120-45, in the case of final approval of the site plan for a mobile home park, said approval shall also grant the applicant the right to:
(a)
Make application to the Construction Code Official
for the necessary permits to construct the park improvements and the
supporting systems for each mobile or manufactured home space.
(b)
To apply to the Township Committee for a license
to operate in accordance with the requirements of any licensing ordinance
applicable to mobile home parks.
Motels and hotels shall be permitted as provided
in the Schedule of District Regulations and shall comply with the
following conditions:
A.
In addition to sleeping units, a motel or hotel may
contain as an accessory use restaurant(s), cocktail lounge(s), meeting
or conference rooms or facilities, swimming pool(s), a health club,
cabanas, personal service shops, newsstand, shops for retail sale
of gifts, sundries, newspapers, books and periodicals, limited food
items such as candy, gum, cookies, soft drinks or bottled water; provided,
however, that all such shops are sized and primarily intended for
use or service to the motel or hotel's guests, visitors or patrons.
The Land Use Board may stipulate limitations on the size of such accessory
uses in order to assure compliance with the stated intent. No food
or refreshment shall be sold, vended or served through any opening
in any building or part of building to the outside. The complete transaction
and delivery of any food or refreshment shall be conducted within
the principal building.
B.
The maximum gross density of any motel or hotel development
shall be based upon one unit per 2,500 square feet of gross land area
for the site involved. Not less than 20% of the site involved shall
be maintained in open space free of parking or loading areas, driveways,
and structures, except recreational facilities such as swimming pools,
tennis courts, playgrounds or golf courses, or similar facilities
or uses.
C.
The minimum floor area of a sleeping unit shall be
270 square feet.
D.
All motels and hotels shall comply with the following
special design requirements:
(1)
Every building containing sleeping units on or above
a second story shall be equipped with one or more elevators.
(2)
Sufficient laundry, drying, garbage pickup and other
utility areas shall be provided and shall be so located with consideration
to both convenience and to minimizing the detrimental effect on the
aesthetic character of the development and its surroundings and shall
be enclosed and shielded from view by fencing or walls with shrubbery
of at least six in height at the time of planting around the perimeter
of the site. Fencing and walls shall not be more than 15% open on
the vertical surface.
(3)
A buffer strip of 10 feet in depth, free of any improvements
other than access driveway entrances and exits, plantings and landscaping
and permitted signs shall be maintained along all property liens except
those property lines coexistent with the street right-of-way lines.
Said buffer area width shall be increased to 20 feet along any property
line adjacent to a residential zoning district or property used for
residential purposes.
(4)
All motel or hotel developments shall be served by
an approved public or quasi-public sanitary sewer system as required
by this chapter and other ordinances and regulations of the Township
of Deerfield. In terms of potable water supply, sufficient supply
shall be provided for fire suppression as deemed necessary by the
local fire officials.
(5)
All motel and hotel developments shall be suitably
landscaped with liberal and functional landscaping plan or scheme.
Interior roads, parking areas and pedestrian walks shall be provided
with shade trees which are of an appropriate size and character to
afford shade as intended within a reasonable period of time from their
planting. Open space adjacent to buildings and walls between buildings
and border strips along the side of pedestrian walks shall be graded
and seeded to provide a thick stand of grass or other plant material.
Approaches to dwelling structures and entrance areas shall also be
suitably landscaped. All other areas not used for buildings, terraces,
drives and parking or loading areas shall be seeded or landscaped
and shall be kept in an attractive condition.
(6)
Interior development roads, parking areas, entrance
ways, and pedestrian walks shall be provided with sufficient illumination
to minimize hazards to pedestrians and motor vehicles utilizing the
same and the lighting provided shall, where necessary, be shielded
to avoid disturbing glare to occupants of buildings or adjoining properties.
Lighting shall be so arranged as to reflect away from any adjoining
properties.
(7)
All swimming pools shall be constructed in accordance with the provisions of § 120-117 of this chapter.
(8)
No building containing sleeping units shall be closer
than 10 feet from any proposed interior roadway nor closer than 10
feet from any proposed parking area.
(9)
Driveways shall not be less than 20 feet nor more
than 36 feet in width as measured at the property lines. Driveways
must be at least 10 feet from any side lot lines.
(10)
The entire area of the site traveled or used
for parking by motor vehicles shall be hard surfaced with cement or
macadam.
E.
Whenever a restaurant or restaurants locate adjacent
to a motel or hotel, the Land Use Board may consider patronage of
same by guest of the motel or hotel in calculating the number of parking
spaces required for the restaurant(s) involved.
The Land Use Board may permit multifamily dwellings
and dwelling developments when, beside complying with the provisions
of this section, the proposed development is determined to meet an
existing housing need, will not be unreasonably detrimental to the
environment or have an adverse effect(s) on surrounding uses or the
community in general, and is located on land provided with public
sanitary sewer. All such developments shall comply with the following:
A.
Gross density for any development shall not exceed
eight units per acre.
B.
A minimum of 25% of the total area of a multifamily
dwelling development, exclusive of normal dwelling dooryards, buffer
strips, parking areas, street rights-of-way and driveways, shall be
designated for common recreational purposes. No one recreational area
shall be less than 10,000 square feet in area nor less than 100 feet
in its narrowest dimension. Each recreational area shall be located
conveniently to the development's dwelling units and shall be designed
and established as permanent open space or recreational area. In the
case of a single multifamily dwelling, the minimum lot size shall
be no less than 1/2 acre per unit contained within the multifamily
dwelling. Maximum lot coverage shall not exceed 50%.
C.
All recreational area shall be improved by the developer,
including equipment, lighting, walkways and landscaping. The Land
Use Board, in reviewing the plans, shall determine that the recreational
area is suited to its intended use in terms of the environment and
will meet the needs of the project's inhabitants. Not more than 50%
of the recreational area shall be in one or more of the following:
a floodplain, areas with a slope greater than 10%, watercourses or
other areas unsuitable for recreational purposes due to environmental
considerations.
D.
Maintenance of the open space and recreational areas of a multifamily dwelling project shall be the responsibility of the development's owner(s). Enforcement of maintenance of said areas shall be in accordance with the provisions of § 120-79 of this chapter.
E.
Every building shall have a minimum setback of 15
feet from any private interior road, driveway or parking area.
F.
Sufficient laundry, garbage and trash collection,
and other utility areas shall be provided in locations convenient
to all occupants. Facilities for the collection and storage of source-separated
recyclable materials shall be provided pursuant to the following regulations:
(1)
There shall be included in any new multifamily housing
development that requires subdivision or site plan approval, an indoor
or outdoor recycling area for the collection and storage of residentially
generated recyclable materials. Any such area or enclosure shall be
constructed and maintained in compliance with all applicable state
and local fire regulations, codes and subcodes. The dimensions of
the recycling area shall be sufficient to accommodate recycling bins
or containers of adequate size and number, and which are consistent
with anticipated usage and with current methods of collection in the
area in which the project is located. The dimension of the recycling
area and the bins or containers shall be determined in consultation
with the municipal recycling coordinator, and shall be consistent
with the district recycling plan adopted pursuant to Section 3 of
P.L. 1987, c. 102 (N.J.S.A. 13:1E-99.13) and any applicable requirements
of the Township's Master Plan adopted pursuant to Section 26 of P.L.
1987, c. 102.
(2)
The recycling area shall be conveniently located for
the residential disposition of source separated recyclable materials,
preferably near, but not separated from, the refuse container(s) provided
on site.
(3)
The recycling area shall be well lit and safely and
easily accessible by recycling personnel and vehicles. Collection
vehicles shall be able to access the recycling area without interference
from parked cars or other obstacles. Reasonable measures shall be
taken to protect the recycling area, and the bins or containers placed
therein, against theft.
(4)
The recycling area and the bins or containers placed
therein shall be designed to provide protection against adverse environmental
conditions that might render the collected materials unmarketable.
Any bins or containers that are used for the collection of recyclable
paper or cardboard shall be equipped with a lid, or otherwise covered
properly, to keep the paper or cardboard dry.
(5)
Signs clearly identifying the recycling area and the
materials accepted therein shall be posted adjacent to all points
of access to the recycling area. Individual bins or containers shall
be equipped with signs indicating the materials to be placed therein.
(6)
Landscaping and/or fencing for screening shall be
provided around any outdoor recycling area and shall be developed
in an aesthetically pleasing manner.
G.
All multifamily dwelling developments shall be provided
with twenty-foot screened buffer area between adjoining properties
not used or zoned for residential purposes and all collector or arterial
roads as classified in the adopted Township Master Plan.
H.
Access and egress to a multifamily dwelling development
shall be limited to one roadway or driveway for every 250 feet of
road frontage on a collector or arterial street or road.
I.
The following regulations shall only apply to single
multifamily dwellings and/or apartment-unit-style developments:
(1)
There should be no dwelling units below the ground
floor level nor above the second story of any structure.
(2)
Facilities, floor area, and number of rooms shall
be:
(a)
Each dwelling unit shall contain complete kitchen
facilities, toilet, bathing and sleeping facilities and shall have
a minimum habitable floor area according to the number of rooms in
accordance with the following:
(b)
A maximum of 10% of the total number of units
in a completed development may be three-bedroom apartments; up to
50% of the total units in a completed development may be two-bedroom
apartments; and the remainder shall be either one-bedroom or efficiency
or studio apartments. In the event that the development is to be completed
by sections, the above-stated proportions of apartments to single-family
units shall be substantially maintained as construction of the development
progresses.
(3)
In addition to the required habitable floor area,
there shall be a minimum storage area in each building for bicycles,
carriages, furniture and similar incidental equipment or items which
shall be 70 square feet in area by a minimum of seven feet in height
per dwelling unit within the multifamily dwelling building.
(4)
There shall be not more than 16 dwelling units in
each building or structure. The facade of any building or structure
shall not exceed 60 feet in length unless each increment of 60 feet
is interrupted by an angle of at least 45º or an offset of at
least five feet.
(5)
Courtyards bounded on three or more sides by the wings
of a single building or by the walls of separate buildings shall have
a minimum width between any two walls of at least two feet for each
one foot of height of the tallest adjacent building or wall bounding
the courtyard.
(6)
No apartment development building shall be located
within 25 feet of another dwelling structure.
J.
The following regulations shall only apply to townhouse
and other multifamily dwelling developments, except duplexes or semidetached
dwellings:
(1)
When it is determined by the Land Use Board that an
adverse environmental, health or planning impact will not result,
the Land Use Board may permit townhouse or multifamily dwellings on
smaller tracts, provided that no tract is less than five acres, and
whenever tract size is less than 10 acres, gross density shall not
exceed four dwelling units per acre. Said reduction, when found reasonable
and justified based upon facts submitted, shall not be considered
to subvert the intent of this section, chapter or the Township's adopted
Master Plan.
(2)
When a townhouse or multifamily dwelling development
is permitted, each dwelling unit in such a project shall have a minimum
habitable floor area of 900 square feet and shall be provided with
a private yard area of not less than 500 square feet which shall be
screened by fencing, plantings or walls to a height of not less than
six feet. Such fencing or screening requirements may be waived when
decks, balconies or other suitable private, outdoor area are provided
or in the interest of permitting solar access.
(3)
No block or grouping of townhouses or dwelling units
shall be closer than 35 feet to any other block or grouping.
(4)
A townhouse or multifamily dwelling developments shall
maintain a continuity and harmony of design and construction throughout
the project and with its natural and man-made surroundings. No less
than four dwelling units nor more than eight shall be included in
one continuous, attached block or grouping of units. Variations of
townhouses or dwelling units shall be encouraged or such other means
of visual shifts or offsets shall be provided. Street furniture, signs,
lighting facilities and other facilities common to townhouse or multifamily
dwelling developments shall be similar and comparable in design.
(5)
Directional or structure identification (or name)
signs shall be permitted upon review and approval of the Zoning Officer
when said signs do not exceed six square feet in area and will not
create visual impairment for traffic.
A.
Planned commercial centers shall be classified as
one of the following:
(1)
Neighborhood centers encompassing not less than three
nor more than 10 acres and designed to provide for the sale of convenience
goods such as food, drugs, sundries, and personal services such as
cleaning of clothes, photo developing, hairstylists or beauty shops,
medical or dental offices, banks, real estate and post offices, and
similar uses.
(2)
Community centers involving 10 acres or more, and/or
100,000 to 300,000 square feet of gross floor area, including a supermarket,
drug, variety, or hardware store, or similar anchor store, and other
smaller retail or commercial uses. For purposes of this section the
term "community" shall mean that the center is sized and designed
to serve the needs of the residents within the Township and within
adjoining municipalities.
(3)
Regional shopping center encompassing between 30 acres
and 50 acres or more and one or more full-line department stores of
100,000 square feet of gross leasable area (GLA).
B.
The following standards shall apply to all planned
commercial centers:
(1)
Any planned commercial center shall be designed to
blend with its environs, man-made and natural, and be designed as
a unified whole with harmony of design and architecture and in its
overall layout including landscaping and other facilities provided
for use by the occupants or customers of the center. If the center
is to include more than one building, then all buildings shall be
located, designed and constructed to compliment other structures within
the center, and/or be landscaped to sufficiently to make the center
appear from adjoining streets as one entity. Structures erected on
pad sites within a center shall attempt to blend with the design and
architectural style of the main center structure(s). Pad sites are
areas within a center reserved for the future development of a freestanding
commercial uses.
(2)
No more than 30% of the lot area shall be occupied
by principal uses and not more than 5% by accessory uses, excluding
parking and loading areas; and if the center consists of more than
one building or structure (although same may be divided into separate
units), said buildings or structures shall be separated by not less
than 15 feet.
(3)
All planned commercial centers shall abut and have
their principal access onto a collector or arterial road. Access shall
be limited to one driveway per every 500 feet of road frontage for
a regional or community center and 200 feet for a neighborhood center.
(4)
The minimum set back for any planned commercial center
from any public right-of-way shall be 30 feet.
(6)
Landscaped and planted areas providing adequate screening
shall occupy a space at least 20 feet in width between parking areas
and adjoining road right-of-way lines and property lines abutting
a residential zoning district or residentially used property; and
a space of 10 feet in width separating each double-tiered parking
bay.
(7)
All planned commercial centers shall provide the following:
(a)
Areas and facilities for the collection of solid
waste which shall be appropriate screened and buffered.
(b)
Fire zones designed to facilitate easy access
to structure for emergency vehicles. Such zones shall be approved
by the appropriate local fire officials and, if applicable, in compliance
with any municipal ordinance related thereto.
(c)
Structure and property illumination designed
to protect adjoining properties, streets or sensitive and scenic areas
from direct glares or excessive light.
(d)
Adequate screening or buffering to protect adjoining
properties and roadways from direct glare from vehicular lights and
wind borne debris or trash.
(f)
Provision of suitable sanitary sewer disposal
and potable water supply appropriate to the size and nature of the
proposed commercial uses to be allowed therein.
(9)
In neighborhood centers served by public sanitary
sewer, residential units may be permitted as an accessory use when
approved by the Land Use Board, provided that said units meet the
following standards:
(a)
Where applicable, residential units shall be
in compliance with the residential density standards for the zone
district in which they are to be located. In no case shall the density
be less than one unit per half acre of land involved in the parcel
whereon the neighborhood commercial center is to be located, or not
more than one residential unit permitted for each commercial use permitted
within the neighborhood commercial center, whichever is less; but
in any case the total number of residential units shall not exceed
12 units per neighborhood commercial center.
(b)
Residential units shall be located above the
commercial uses and accessory thereto and shall offered initially
to employees, owners and managers of the commercial uses within the
neighborhood commercial center. The Land Use Board may permit other
occupants for the residential units.
(c)
Additional parking facilities shall be provided for the residential units in addition to those required for the commercial uses as set forth in § 120-113 herein.
(d)
Residential units shall be not less than 900
square feet of habitable floor area.
(f)
A minimum of 20% of the lot area involved shall be provided with a landscaped, fenced, open space area for the use and enjoyment of the residents and users of the planned neighborhood center. Said open space area shall contain benches, tables, playground equipment or other amenities suitable and designed to permit limited recreational use of the area. No such open space area shall be less than 10,000 square feet or narrower in width than 100 feet at any point. Not more than 50% of such recreational/open space area shall be considered to be environmentally sensitive lands as defined by § 120-119B of this chapter.
(10)
No planned commercial center shall be permitted
adjacent to an existing neighborhood center. In connection with all
planned commercial centers, the Land Use Board may require a marketing
analysis in order to determine whether the proposed center is designed
to meet the intent of this section and the existing or projected need.
The Board may request at the applicant's expense that a consultant
of its choosing be obtained to perform or analyze the market analysis.
It shall be the responsibility of the applicant to demonstrate the
need for the proposed commercial center and reasonably justify its
establishment based on the standards and regulations provided herein
this section.
(11)
Uses permitted within a commercial planned center
shall be limited to general retail including fast-food outlets and
restaurants and service businesses, professional, business and financial
offices, banks, entertainment and recreational facilities, movie theaters,
fitness centers, motels and hotels, and similar uses. No use shall
be permitted within a center if said use is not a permitted use within
the zoning district in which the center is located.
A.
Purpose. The purpose of this section is to provide specific design standards for large scale planned developments permitted under § 120-119 (cluster developments), § 120-124 (industrial parks), § 120-126D (mobile home parks), § 120-128 (multifamily dwelling projects), § 120-129 (planned regional commercial centers), and § 120-130 (planned developments) of this chapter and other similar developments. The standards provided herein are designed to promote the objectives and integrity of the Deerfield Township Master Plan as adopted. Specifically, the purposes of this section are:
(1)
To allow flexibility in minimum lot sizes, setbacks
and distribution of uses;
(2)
To insure that departures by the proposed development
form zoning regulations otherwise applicable to the subject property
conform to the Zoning Ordinance standards pursuant to N.J.S.A. 40:55D-45.1
of the Municipal Land Use Law, Chapter 291 of the State of New Jersey;
(3)
To insure that provisions through the physical design
of the proposed development for public services, control over vehicular
and pedestrian traffic, and amenities of light, air, recreation and
visual enjoyment are adequate;
(4)
To insure that the proposed development will not have
an unreasonably adverse impact upon the area in which it is proposed
to be established;
(5)
That, in the case of a proposed development which
contemplates construction over a period of years, the terms and conditions
intended to protect the interests of the public and of the residents,
occupants and owners of the proposed development in the total completion
of the development are adequate;
(6)
To enable the maximum protection of natural resources;
and
(7)
To enable the provision of affordable housing for
low- and moderate-income households.
B.
Applicability. All proposed developments herein defined
shall be governed by all applicable standards in this chapter. The
standards herein this section defined shall be applied in addition
to those standards for specific uses in the applicable sections of
this chapter. In the case of conflict or overlapping standards, the
more stringent standard shall apply. The following proposed developments
are herein deemed to be developments of regional impact and are hereby
governed by this section:
(1)
All single-use, residential cluster developments of
50 acres or more in area. Those proposed developments defined as either
planned development, planned unit residential development, mobile
home park, or residential cluster under this chapter of at least 100
acres in size are herein governed by this section, in addition to
other such large-scale residential developments that substantially
meet the above definition.
(2)
Industrial parks of 75 acres or more in area. Those proposed developments governed by § 120-124 of this chapter and defined in said chapter as either planned commercial developments or planned industrial developments of at least 75 areas in size are herein governed by this section.
(3)
Planned unit or planned unit residential developments. Planned unit developments or planned unit residential developments as provided for in § 120-131 of this chapter or those developments that propose a ratio of nonresidential uses to residential use and are of at least 50 acres in area are herein govern by this section.
C.
General provisions and requirements.
(1)
Sanitary public sewerage, if available and permitted,
or community sanitary sewerage shall be immediately accessible to
the project site at the time of application. Public sewerage is defined
as sewer service that physically links individual buildings to a central
treatment plant elsewhere in the Township. Community sewerage is defined
as sewer service linking individual buildings to a treatment facility
serving only the proposed development (such as a package treatment
plant).
(2)
Planned developments of regional impact shall not
be serviced by on-site, subsurface, wastewater treatment systems (septic
systems).
(3)
Uses permitted in the development of regional impact
shall be those permitted in the particular zoning district, per the
Schedule of District Regulations.
(4)
Overall or gross density of the Planned development
of regional impact shall be governed by that required in the particular
zoning district, per the Schedule of District Regulations.
(5)
Industrial and commercial buildings lot coverage in
any planned developments of regional impact shall not exceed 50% of
gross project area. Building lot coverage shall be interpreted to
mean that area composed of buildings, impervious surfaces, required
buffers, infrastructure, and stormwater management facilities.
(6)
The amount, management, and type of ownership of required
open space shall be governed by the appropriate sections of this chapter,
except that any buffers, landscaping or vegetative mitigation herein
required are not included in the calculation of open space set-aside.
(7)
Net density, or minimum lot size, of planned developments
of regional impact shall be set based upon review and approval of
the Land Use Board within the stated purposes of this chapter and
other appropriate ordinances in effect.
D.
Design standards. Planned developments of regional
impact shall conform to specific elements of design unique to the
scale of the proposed development.
(1)
Residential layout.
(a)
The safety of the residents shall be the primary
concern in determining the overall residential layout;
(b)
The placement and concentration of structures
and uses on the site shall be arranged to maximize a sense of privacy
and compatibility between abutting land uses;
(c)
The placement, bulk, and design of structures
and uses shall be arranged to minimize conflict between abutting uses
and exposure to nuisance factors, such as noise, glare, and to maximize
privacy for residents and neighbors;
(d)
A naturally vegetated buffer of at least 300
feet shall be maintained between residential and nonresidential uses.
This buffer may be included in the calculation of required open space.
The Land Use Board may allow for flexibility in the uniformity of
the buffer strip but in no case shall the gross area of required buffer
be reduced;
(e)
A naturally vegetated buffer of at least 300
feet shall be maintained between residential structures and existing
public road rights-of way, exclusive of proposed local access streets
serving only the proposed development. This buffer shall not be included
in the calculation of required open space. The Land Use Board may
allow for flexibility in the uniformity of the buffer strip but in
no case shall the gross area of required buffer be reduced;
(f)
The overall site plan shall promote innovative
design, and wherever possible, energy conservation;
(g)
The overall site plan shall preserve sensitive
environmental elements and respond to the site's original character.
Sensitive environmental elements shall include, but not be limited
to, features such as floodplains, wetlands, natural drainageways,
or habitat deemed important to state, or federally listed threatened
or endangered species; and
(h)
All live trees of at least six inches in diameter,
measured 12 inches from the base of the tree, that are proposed for
removal or destruction shall be replaced on a ration of ten to one
(destroyed trees to replacement trees) on a previously barren section
of applicant's property or on a location suitable to the applicant
and the Land Use Board. Specific species utilized for tree mitigation
will approximate the distribution by specie and relative number of
trees that are proposed for removal.
(2)
Nonresidential layout:
(a)
The nature, placement and design of nonresidential
uses on the site shall be arranged to minimize traffic and nuisance
impacts on residents and neighbors of the development;
(b)
Nonresidential uses shall be visually compatible
with other structures within the viewshed and with the overall image
of the property;
(c)
A naturally vegetated buffer of at least 1,000
feet shall be maintained between all residential and nonresidential
uses. This buffer shall not be included in the calculation of required
open space. The Land Use Board may allow for flexibility in the uniformity
of the buffer strip but in no case shall the gross area of required
buffer be reduced;
(d)
A naturally vegetated buffer of at least 1,000
feet shall be maintained between nonresidential structures and existing
public road rights-of-way, exclusive of proposed local access streets
serving only the proposed development. This buffer shall not be included
in the calculation of required open space. The Land Use Board may
allow for flexibility in the uniformity of the buffer strip but in
no case shall the gross area of required buffer be reduced; and
(e)
All live trees of at least six inches in diameter,
measured 12 inches from the base of the tree, that are proposed for
removal or destruction shall be replaced on a ration of ten to one
(destroyed trees to replacement trees) on a previously barren section
of applicant's property or on a location suitable to the applicant
and the Land Use Board. Specific species utilized for tree mitigation
will approximate the distribution by specie and relative number of
trees that are proposed for removal.
(3)
Public facilities and services:
(a)
All electric, telephone and communication service
facilities, including main and service lines to individual buildings,
shall be provided by underground cables, installed in accordance with
the prevailing standards and practices of the utility or other companies
providing the services except where it is demonstrated to the satisfaction
of the Land Use Board that the underground installation required is
not feasible because of the physical conditions of the land involved;
and
(b)
Fire hydrants shall be installed at the developer's
expense as an integral part of the water distribution system at a
distance and location approved by the Fire Subcode Official.
(4)
Stormwater facilities:
(a)
All stormwater management facilities shall be
designed to accommodate appropriate quantity and quality standards
as provided in this chapter and the Cumberland County Subdivision
and Site Plan Regulations.
(b)
The area made necessary by the provision of
stormwater facilities shall not be included in the calculation of
required open space.
E.
Submission requirements for general development plan.
(1)
A general development plan, as authorized by N.J.S.A.
40:55D-45-1 et seq., shall be submitted to the Land Use Board, prior
to the granting of preliminary subdivision approval, for all planned
developments of regional impact, making their development subject
to the terms of the general development plan procedures specified
herein.
(2)
General development plan contents:
(a)
A general land use plan indicating the tract
area and general locations of the land uses to be included in the
planned development. The total number of dwelling units and amount
of nonresidential floor area to be provided and proposed land area
to be devoted to residential and nonresidential use shall be set forth.
In addition, the proposed types of nonresidential uses to be include
in the planned development shall be set forth, and the land area to
be occupied by each proposed use shall be estimated. The density and
intensity of use of the entire planned development shall be set forth,
and a residential density and a nonresidential density floor area
ratio shall be provided. All required vegetated buffer areas shall
be clearly depicted and identified in a manner as to clearly distinguish
them from required open space areas:
(b)
A circulation plan showing the general location
and types of transportation facilities, including facilities for pedestrian
access within the planned development and any proposed improvements
to the existing transportation system outside the planned development;
(c)
An open space plan showing the proposed land
area and general location of parks and any other land areas to be
set aside for conservation and recreational purposes and a general
description of improvements proposed to be made thereon, including
a plan for the operation and maintenance of parks and recreational
lands;
(d)
A utility plan indicating the need for and showing
the proposed location of sewerage and waterlines, and drainage facilities
necessitated by the physical characteristics of the site, proposed
methods of handling solid waste disposal; and a plan for the operation
and maintenance of proposed utilities;
(e)
A stormwater management plan setting forth the
proposed method of controlling and managing the quantity and quality
of stormwater on the site;
(f)
An environmental inventory including a general
description of the vegetation, soils, topography, geology, surface
hydrology, climate, and cultural resources of the site, existing man-made
structures or features and the probable impact of the development
on the environmental attributes of the site. All regulated wetlands
and species habitat shall be shown with state-approved wetlands delineation;
(g)
A community facilities plan indicating the scope
and type of supporting community facilities which may include, but
not be limited to, educational or cultural facilities, historic sites,
libraries, hospitals, firehouses and police stations;
(h)
A housing plan outlining the number of housing
units to be provided and the extent to which any housing obligation
assigned to the Township pursuant to N.J.A.C. 52:27D-301 et seq.,
will be fulfilled by the development;
(i)
A local services plan indicating those public
services which the applicant proposes to provide and which may include,
but not be limited to, water, sewer, cable and solid waste;
(j)
A fiscal report describing the anticipated demand on municipal services to be generated by the planned development and any other financial impacts to be faced by the municipality or school districts as a result of the completion of the planned development which will accrue to the county, municipality, and school district according to the timing schedule provided under Subsection K of this section, and following the completion of the planned development in its entirety;
(k)
A proposed timing schedule in the case of a
planned development whose construction is contemplated over a period
of years, including any terms or conditions which are intended to
protect the interests of the public and the residents who occupy any
section of the planned development prior to the completion of the
development in its entirety;
(l)
A landscaping plan detailing the location, type,
size, and extent of vegetative cover and plantings to be utilized
in the planned development; and
(m)
A tree mitigation plan detailing an inventory
of pre-development trees by location, specie and size; and a depiction
of the location and type, specie and number of replacement trees.
(n)
A municipal agreement, or written agreement
between the Township and the developer relating to the planned development.
F.
General development plan approval procedure. The Land
Use Board shall grant or deny general development plan approval within
95 days after submission of a complete application to the administrative
officer, or within such further time as may be consented to by the
applicant.
G.
Effect of general development plan approval.
(1)
The term of the effect of the general development
plan approval shall be determined by the Land Use Board, which shall
take into consideration the following factors in making its determination:
the number of dwelling units and size of the land area, the prevailing
economic conditions of the market, the proposed phasing schedule for
the project and likelihood of its completing the proposed development,
the specific contents of the general development plan, and any conditions
which the Land Use Board attaches to its approval.
(2)
The term of the effect of the general development
plan approval shall not exceed five years from the date of final approval
of the planned development.
H.
Modifications to the general development plan.
(1)
In the event that the developer seeks to modify the
proposed timing schedule, such modification shall require the approval
of the Land Use Board.
(2)
If after approval of the general development plan,
the developer wishes to make any variation in the location of land
uses within the planned development, or, to increase the density or
floor area of residential development, or change the location of nonresidential
land uses within any section of the planned development, the developer
shall be required to gain the prior approval of the Land Use Board.
I.
General development plan certification upon completion.
(1)
Upon the completion of each section of the development,
as set forth in the approved general development plan, the developer
shall notify the administrative officer, by certified mail, as evidence
that the developer is fulfilling his obligations under the approved
plan. For the purpose of this section, "completion" of any section
of the development shall mean that the developer has acquired a certificate
of occupancy for every residential unit or every nonresidential structure,
as set forth in the approved general development plan and pursuant
to Section 15 of N.J.S.A. 52:27D-133. If the Township does not receive
such notification at the completion of any section of development,
the Township shall notify the developer, by certified mail, in order
to determine whether or not the terms of the approved plan are being
complied with herein.
(2)
If a developer does not compete any section of the
development within eight months of the date provided for in the approved
plan, or if at any time the Township has cause to believe that the
developer is not fulfilling his obligations pursuant to the approved
plan, the Township shall notify the developer, by certified mail,
and the developer shall have 10 days within which to give evidence
that he is fulfilling his obligations pursuant to the approved plan.
The Township thereafter shall conduct a hearing to determine whether
or not the developer is in violation of the approved plan. If, after
such a hearing, the Township finds good cause to terminate the approval
it shall provide written notice of same to the developer and the approval
shall be terminated 30 days thereafter.
(3)
For the purposes of this section, a development shall
be considered complete on the date upon which a certificate of occupancy
has been issued for the final residential or nonresidential structure
in the last section of the development, in accordance with the timing
schedule set forth in the approved general development plan, and the
developer has fulfilled all of his obligations pursuant to the approval.
J.
Preliminary approval. All planned developments shall
be subject to the development review procedures specified in this
chapter and shall require preliminary approval of a subdivision plat
and site plan in accordance with this chapter.
K.
Fees and performance guaranties.
(1)
The Land Use Board shall require the posting of adequate
performance guaranties to assure the installation of the required
improvements or the conditions approved by the Land Use Board as part
of the preliminary approval. All performance guaranties shall comply
with the procedures and requirements for same as specified in this
chapter.
(2)
An application fees and escrow amounts set forth herein
this chapter shall be paid or posted in a timely fashion as required.
(3)
The amount of escrow fees required for conceptual,
sketch, preliminary and final development plan approval shall be determined
based upon the hourly fees of the consultant(s) hired.
As provided in the Schedule of District Regulations,
planned unit and planned unit residential developments shall be permitted
according to the following conditions:
A.
Planned unit residential developments (PURD). A planned unit residential development is a planned development which includes a variety residential dwelling types and open space and contains a minimum of 50 acres of contiguous land with a minimum of 500 feet of frontage on an arterial roadway as defined by the adopted Township Master Plan. A PURD may also contain not more than 10% of it area in commercial use. Any such commercial use shall be developed as either a planned neighborhood or community commercial center as provided in § 120-129 herein this chapter.
B.
Planned unit development (PUD).
(1)
A planned unit development involves a variety of residential
dwelling types, commercial, industrial and open space and contains
a minimum of 100 acres of contiguous land with a minimum of 500 feet
of frontage along an arterial roadway as defined in by the adopted
Township Master Plan. All uses within a planned unit residential development
shall grouped into separate land use areas and developed according
to planned development standards applicable to the particular land
use as contained in this article.
(2)
Any planned unit or planned unit residential development
shall meet the following conditions:
(a)
Any residential dwelling type may be permitted
provided that the overall gross density of the planned development
shall not exceed eight dwelling units per acre. Net dwelling unit
densities shall be based on the type of dwelling units to be provided
and shall not exceed the following net densities:
|
Type of Dwelling
|
Net Density
| |
|---|---|---|
|
Single-family, detached units designed as cluster
development subdivisions
|
4 units/acre
| |
|
Duplex and semidetached units
|
6 units/acre
| |
|
Townhouses and multifamily units excluding apartments
|
10 units/acre
| |
|
Apartments
|
12 units/acre
|
(b)
A minimum of 20% of the dwelling units within
a planned unit or planned unit residential development shall be single-family,
detached dwellings. A maximum of 50% of the dwelling units within
a planned unit residential development may be two-family, multifamily,
townhouse or semidetached dwellings. A maximum of 40% of the dwelling
units within a planned unit residential development may be garden
or mid-rise apartment structures.
(c)
The amount of land within any planned unit or
planned unit residential development devoted to residential purposes
shall be defined as that amount of land which remains after deduction
of the lands required to be devoted to other uses permitted under
the provisions of this section.
(d)
All development of residential, commercial and/or industrial uses as permitted herein shall be designed and developed in accordance with the provisions for the said uses' development proposed within a planned unit or planned unit residential development as applicable: cluster developments, § 120-119; duplex or semidetached dwelling, 120-121; industrial parks, § 120-124; multifamily dwelling projects, § 120-128; and planned commercial centers, § 120-129 of this chapter, excluding requirements for open space provision as contained in the cited sections.
(e)
Not less than 20% of the gross area of any planned
unit or planned unit residential development shall be provided as
conservation, open space, recreation and park area or other public
purposes. Land utilized for street rights-of-way, driveways, parking
or loading areas, dooryards, essential services or utility facilities,
and required setback or buffer strips shall not be included as part
of the above required 20%. Said 20% open space shall be in accordance
with the following provisions:
[1]
Not more than 50% of the total open space saved
shall be located in one or more of the following: a floodplain, areas
with a slope greater than 10%, watercourses or bodies of water, wetlands,
or other areas deemed unsuitable to recreational purposes due to environmental
reasons as made evident by the Land Use Board's review of the environmental
impact statement required to be submitted.
[2]
At least 50% of the total open space saved shall
be used for one or more of the following active recreational purposes:
golf course, swimming pool, game courts or playing fields, or other
active recreational facilities or sites.
[3]
The remaining portion of open space saved shall
be permanently devoted to one or more of the following open space
uses: parks and playgrounds, woodland conservation areas, game preserves,
wild fowl refuges, pedestrian walkways; bicycle trails (excluding
motorized cycles) and bridle trails, stream corridor preservation
and conservation areas; and wetland areas or buffers, watershed protection
or flood control areas.
[4]
The provisions made within a planned unit residential
development for open space shall be reviewed and found adequate and
approved by the Land Use Board. In its review, the Land Use Board
shall investigate the size of parcels devoted to open space and recreational
areas, their location within the development, the topography, the
uses contemplated upon such open space and recreational areas, configurations
of such parcels under consideration, facilities and improvements to
be provided, the provisions made for maintenance and access to said
parcels, traffic flow around said parcels, the ecological aspects,
the staging or timing of the open space and recreational area development
and how various categories of recreational facilities or open space
and their location will be proportionally related to the staging of
the development of housing units if such staging is proposed.
(f)
All planned unit or planned unit residential developments shall comply with the provisions of Article IX of this chapter.
(g)
All planned unit or planned unit residential developments shall comply with the provisions of § 120-130, Planned developments of regional impact.
(h)
All planned unit or planned unit residential
developments shall be served by public sanitary sewer system and a
public or private potable water supply system.
All commercial development within the HB-2 Planned
Highway Business Zoning District shall comply with the following conditions:
A.
Intent and purpose. It is the intent of this section
to recognize existing highway business development along State Highway
56, locally known as Landis Avenue, and to require any new development
and the expansion, renovation or additional development of existing
developments to plan said developments so as to accomplish the following
purposes:
(1)
Preserve the traffic carrying capacity and safety
of Route 56, a major arterial roadway, by reducing the number of openings
onto said roadway and better coordination of their location as well
as encouraging shared use of access drives by more than one site;
(2)
To reduce and limit urban sprawl and strip development
along the highway through more efficient use of the lands zoned for
commercial development, the limitation of lands so zoned along the
highway and to preserve the roadway as scenic vista which offers breaks
in intense highway commercial activity thereby providing definition
to development versus more open areas;
(3)
To require site planning for new and existing developments
which considers how to utilize the entire parcel of land within said
HB-2 zoning district and not just that portion of the lot which abuts
the roadway frontage through innovative, efficient design techniques
to assure maximum use of the lands involved;
(4)
Encourage the sharing of facilities, coordination
of required services, improvements and amenities, and recognition
of adjoining land use activities between lots which abut the state
highway so as to advance and promote the above noted-purposes; and
(5)
To require the consideration of overall planning between
different land uses seeking to maximize their proximity to a major
traffic artery and in so doing, advance orderly growth and development
which increases development potential while protecting community character
and site utilization for permitted commercial land use activities.
B.
Special design requirements. All proposed commercial
developments on lots abutting State Highway 56 in the PHB Planned
Highway Business zoning district shall comply with the following conditions:
(1)
All lots shall have a minimum of 300 feet of frontage.
In the case of existing lots, consideration shall be given to sharing
access with an adjoining property or the creation of a new street
to permit such shared access.
(2)
All lots shall attempt to provide share services, facilities or amenities including site access with adjoining commercial developed lots. Such shared activities shall be in accordance with the provisions of Articles IX and XI and include such items as highway access, driveways, parking or loading areas, lighting, signs, utilities, landscaping and buffering or screening, and building orientation.
(3)
All adjoining lots shall be interconnected where possible
to discourage traffic from one site to go to another without having
to reenter the state highway.
(4)
Placement of structures, facilities such as parking
or waste disposal areas, and other amenities shall be coordinated
to permit possible future shared use or interconnection by locating
same adjacent to similar areas on adjacent lots to the greatest extent
practical.
C.
Site plan details required. In addition to the requirements to be shown on a site plan as required by § 120-52 of this chapter, the following additional details shall be provided:
(1)
Details of how the entire tract of land will be able
to be utilized if the proposed new development for which the site
plan is being submitted is to be located in just a portion of the
property. Said details shall include how the entire lot or tract shall
ultimately be accessed, provided of utilities, and not landlocked
or wasted in terms of development potential since there is a finite
amount of frontage along the state highway.
(2)
Location and orientation of proposed development shall
be designed and shown to assure future expansion into unused portions
of the lot or tract and show consideration to such future expansion
in terms of vision from the highway, access and sign placement and
design to accommodate future uses on the lot or tract.
(3)
Identification of existing land use on adjoining properties
and specific site use areas, structures or utilities adjacent to the
proposed development. To this extent, the site plan shall show all
structures, utility locations, or site use areas such as buildings,
wells, septic systems, utility lines or facilities, lighting facilities,
parking or loading areas or driveways and vacant land within 20 feet
of a shared property line.
(5)
Details of why concern with the remainder of the lot
is not justified due to physical features of the site that preclude
further development such as the presence of environmentally sensitive
lands.
D.
Bonus density for shared use or interconnection. Any
lots developed for commercial uses within the PHB Planned Highway
Business Zoning District which shall show interconnection of properties
or the shared use of structures, facilities or amenities as noted
herein above which are found acceptable to the Land Use Board shall
be granted an increase of 5% in lot coverage density.
E.
The Land Use Board shall find that any proposed commercial development within the PHB Planned Highway Business Zoning District is in compliance with the provisions of this section or has submitted proof of the inability of meeting the requirements of Subsection B herein which is found reasonable to the Board.
Professional office centers may be established
in accordance with the provisions of the Schedule of District Regulations
and subject to the following requirements:
A.
Any such center shall be designed as a whole or complete
complex with all structures or units having a uniformity of design
and bearing architectural and aesthetic relationship to each other
when more than one structure is proposed.
B.
Such centers may provide office space to insurance
companies, banks, financial institutions, businesses and industries,
professional corporations or associations, partnerships or individuals,
including but not limited to lawyers, doctors, dentists, architects,
land surveyors, engineers, planners or other recognized professions,
brokerage firms, real estate firms or other companies, firms or operations
requiring office space.
C.
Accessory uses.
(1)
In addition to providing office space for such uses as those set forth in Subsection B hereinabove, space may also be provided for such accessory uses to the offices as follows: radiology or medical laboratories intended to serve the needs of the patients of doctors or dentists having office space within the complex, eye wear sales and repair services, newsstands, a restaurant or food take-out service primarily serve the needs of the complex's occupants and their patrons, a drugstore, office supply store, reproduction or copy center and such other uses as found to be incidental and customarily associated to the offices located within such a center.
(2)
The size and location of such accessory uses shall
be determined by the Land Use Board, and such uses shall be designed
primarily to serve the needs of the center's occupants and patrons
and not the general public. All such accessory uses shall, however,
when permitted, conform to all standards set forth in this chapter
related to the type of use proposed.
D.
The parking and loading areas, common grounds or yard area and other common facilities shall be held in common ownership either by the owner of the center or by tenants and owners associations responsible for their upkeep and maintenance. Such associations' bylaws, articles of incorporation and other pertinent documents related to these issues shall be subject to review and approval of the Land Use Board as would a homeowners' association in the case of a residential development. Such organizations shall be subject to the same requirements as set forth in § 120-79 of this chapter.
E.
No residential use shall be permitted in connection
with a professional office center.
F.
All office centers having offices on a second floor
or higher shall have at least one elevator per structure.
H.
All such centers shall be suitably landscaped, and
all parking areas and pedestrian walkways shall be well lighted. When
located adjacent to an arterial and/or major collector road as identified
in the Township's adopted Master Plan, parking areas shall not be
located, to the greatest extent possible, between said center's structure(s)
and the street right-of-way lines of any such arterial or major collector
roadway. Buffering shall be required of sufficient density and width
to reduce the glare of vehicle lights or noise from the center to
cause a nuisance to adjoining properties or road rights-of-way.
I.
In determining whether or not to permit the development
of such a center, the Land Use Board shall be guided by the number
of existing office space available in the area and the cost of said
space in order to determine if a need for such space exists. The developer
may be required to submit a detailed needs survey and report with
market analysis in order to justify such a center's establishment.
Failure to reasonably so justify shall be cause for denial of the
application.
J.
Not more than 25% of the total floor area of any such
center shall be occupied by nonoffice uses at any one time, nor shall
more than 50% of the ground floor of any structure within a center
be occupied by nonoffice uses. This requirement is intended to assure
that said center remains primarily a professional or business office
center and not a planned commercial center or shopping center. In
addition, the display of products from any structure in a center shall
be primarily aimed at persons walking alongside of said unit or structure
and not readily visible or designed to attract the attention of persons
traveling along adjacent roadways since all nonoffice uses are intended
to serve as accessory uses.
Public utilities shall be considered to be the
facilities, maintenance yards, buildings of utilities which are either
public or providing service to the public although privately owned
and including generating plants, recycling centers, waste incinerators,
treatment plants for water and/or waste, landfills or similar uses
or structures. All public utilities shall comply with the following
conditions:
A.
In addition to site plan review requirements as provided in § 120-42, the applicant for construction of an essential service shall submit the following information:
(1)
A statement indicating the need and purpose of the
installation.
(2)
Proof shall be furnished that the proposed installation
in the location specified is necessary for the efficient and convenient
operation of the public utility or essential service involved and
for the satisfactory and convenient provision of service to the neighborhood
or area in which the use is to be located.
B.
The design of any building in connection with an essential
service shall conform to the general character of the area in which
it is to be located. The applicant shall demonstrate that the proposed
use will in no way adversely affect the safe and comfortable enjoyment
of neighboring properties.
As provided in the Schedule of District Regulations, no sand, gravel, rock, earth, minerals, clay or other burden shall be moved or extracted until a conditional permit has been granted by the Deerfield Township Land Use Board, a license has been obtained in connection with other applicable ordinances and any other applicable permits are obtained. Applications for conditional use permits shall be made in writing to the Deerfield Township Land Use Board and in addition to any requirements as set forth in Article VIII of this chapter, shall comply with the following:
A.
Any application filed for approval of resources extraction
operations shall include at least the following information:
(1)
The applicant's name and address and the applicant's
interest in the subject property;
(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 legal description, including block and lot designation
and street address, if any, of the subject property;
(4)
A description of all existing uses of the subject
property;
(5)
A brief written statement generally describing the
proposed development;
(6)
A USGS quadrangle map, or copy thereof, and a copy
of the Municipal Tax Map sheet on which the boundaries of the subject
property;
(7)
A topographic map at a scale of one inch equals 200
feet, showing the proposed dimensions, location and operations on
the subject property;
(8)
The location, size and intended use of all buildings;
(9)
The location of all points of ingress and egress;
(10)
A location map, including the area extending
at least 300 feet beyond each boundary of the subject property, showing
all streams, wetlands and significant vegetation, forest associations
and wildlife habitats;
(11)
The location of all existing and proposed streets
and rights-of-way, including railroad rights-of-way;
(12)
A soils map;
(13)
A reclamation plan on which is included:
(a)
Method of stockpiling topsoil and overburden;
(b)
Proposed grading and final elevations;
(c)
Topsoil material application and preparation;
(d)
Type, quantity and age of vegetation to be used;
(e)
Fertilizer application including method and
rate;
(f)
Planting method and schedules; and
(g)
Maintenance requirements schedule.
(14)
A signed acknowledgment from both the owner
and the applicant that they are responsible for any resource extraction
activities which are contrary to any provision of this chapter or
of the approved resource extraction plan done by any agent, employee,
contractor, subcontractor or any other person authorized to be on
the parcel by either the owner or the applicant.
B.
Performance and maintenance guaranties required.
(1)
Prior to the issuance of any conditional use permit, certificate of occupancy or license for land mining operation, the owner or operator shall file with the Township Clerk a performance guaranty as provided for in §§ 120-102 and 120-103 of this chapter. The guaranty shall be for an amount equal to the cost of restoration of the area to be excavated during the five-year duration of any approval which is granted.
(2)
Such bond and security shall be accompanied by an
agreement signed by the applicant and landowner, if a different individual,
granting the Township the right to access to make inspections to insure
compliance during periods of operation and to perform all necessary
rehabilitation of bonded property in the event of forfeiture of the
performance guaranty.
(3)
In the event of default, forfeiture shall be made
by the Land Use Board after public hearing on not less than five days'
written notice made to the principal and the surety at their last
known post office addresses, which notice shall be complete upon mailing.
(4)
The performance guaranty may be released upon satisfactory restoration of the complete project area or portions of the guaranty may be released as proportional stages of restoration are accomplished in accordance with all operating and restoration standards contained in this chapter as well as any approved rehabilitation plan. Release of the performance guaranty shall be in accordance with the provisions of § 120-103. As a performance guaranty is released, it shall be replaced by a maintenance guaranty for a period of two years thereafter.
C.
Resource extraction operations shall be approved for
a maximum of five-year periods, provided that the applicant complies
with the remaining requirements of the Deerfield Township regulations
for resource extraction as exists and as in the future amended, and
provided that the applicant can demonstrate that the proposed resource
extraction operation:
(1)
Is designed so that no area of extraction, sedimentation
pond, storage area equipment or machinery or other structure or facility
is closer than:
(2)
Any tract of land to be used for resource extraction
operation shall be at least 75 acres in size unless it is contiguous
to lands already used by an active land mining operation in which
case, the coordination of restoration plans between the new and existing
uses will be required. In no case shall a conditional use permit be
granted for less than twenty-acre parcels.
(3)
As an integral part of each resource extraction operation,
sufficient arable topsoil shall be stored on-site for restoration.
Such topsoil stockpiles shall be treated, planted and graded so as
to protect same from wind or water erosion.
(4)
Is fenced or blocked so as to prevent unauthorized
entry into the resource extraction operation through access roads.
(5)
Provides ingress and egress to the resource extraction
operation from public roads by way of gravel or porous paved roadways
watered or otherwise treated to minimize dust.
(6)
Is designed so that surface runoff will be maintained
on the parcel in a manner that will provide for on-site recharge to
groundwater.
(7)
Will not involve excavation below the seasonal high-water
table, unless the excavation will serve as a recreational or wildlife
resource or a water reservoir for public, agricultural or industrial
uses or for any other use authorized in the area in which the site
is located, provided that in no case shall excavation have a depth
exceeding 65 feet below the natural surface of the ground existing
prior to excavation unless it can be demonstrated that a depth greater
than 65 feet will result in no significant adverse impact relative
to the proposed final use or off-site areas.
(8)
Will be carried out in accordance with an extraction schedule which depicts the anticipated sequence, as well as the anticipated length of time, that each of the twenty-acre units of the parcel proposed for extraction will be worked. This shall not preclude more than one twenty-acre unit from being worked at any one time, provided that there is a demonstrated need for additional units, restoration is proceeding on previously mined units and the area of clearing does not exceed that specified in Subsection C(10) below.
(9)
Will involve restoration of disturbed areas at the
completion of the resource extraction operation in accordance with
the provisions of § 120-131E herein.
(10)
Will not involve clearing adjacent to ponds
in excess of 20 acres or an area necessary to complete scheduled operations;
or will not involve unreclaimed clearing exceeding 100 acres for 50%
of the area to be mined, whichever is less, for surface excavation
at any time.
(11)
Will not result in a substantial adverse impact upon those significant resources documented environmentally sensitive areas. An environmental impact study may be required as per § 120-52D(2)(e).
D.
The following standards and regulations shall be met
in connection with production and processing of extracted resources:
E.
All parcels of land which are used for resource extraction
operations shall be restored as follows:
(1)
Restoration shall be a continuous process, and each
portion of the parcel shall be restored such that the ground cover
be established within two years and tree cover established within
three years after resource extraction is completed for each portion
of the site mined;
(2)
Restoration shall proceed in the same sequence and time frame set out in the extraction schedule required in Subsection C(8);
(3)
All restored areas shall be graded so as to conform to the natural contours of the parcel, to the maximum extent practical grading techniques that help to control erosion and foster revegetation shall be utilized, the slope of surface of restored surfaces shall not exceed one foot vertical to three feet horizontal except as provided in Subsection E(6) of this section;
(4)
Topsoil shall be restored in approximately the same
quality and quantity as existed at the time the resource extraction
operation was initiated. All topsoil removed shall be stockpiled and
used for the next area to be restored, unless it is immediately reused
for reclamation that is currently underway;
(5)
Drainage flows, including direction and volume, shall
be restored to the maximum extent practical to those flows existing
at the time the resource extraction operation was initiated, but in
no case shall the finished final condition of the area permit stagnant
water to collect;
(6)
Any body of water created by the resource extraction
operation shall have a shoreline not less than three feet above and
three feet below the projected average water table elevation. The
shoreline both above and below the surface water elevation shall have
a slope of not less than five feet horizontal to one foot vertical.
This requirement shall apply to any water body or portion of a water
body created after the date of adoption of this chapter. Where grading
would require such disturbance, a reduction in the distance of the
graded shoreline above and below the average water table elevation
shall be permitted;
(7)
All equipment, machinery and structures, except for
structures that are usable for recreational purposes or any other
use authorized for the area, shall be removed within six months after
the resource extraction operation is terminated and restoration is
completed; and
(8)
Reclamation shall to the maximum extent practical
result in the reestablishment of the vegetation association which
existed prior to the extraction activity and shall include:
(a)
Stabilization of exposed areas by establishing
ground cover vegetation; and
(b)
Reestablishment of the composition of the natural
forest and shrub types that existed prior to the extraction activity
through one of the following:
[1]
The planting of a minimum of 1,000 one-year-old
pitch pine seedlings or other native tree species per acre in a random
pattern;
[2]
Cluster planting of characteristic oak species,
such as blackjack oak, bear oak, chestnut oak and black oak, and shrubs
such as black huckleberry, sheep laurel and mountain laurel, at a
spacing sufficient to ensure establishment of these species;
[3]
A combination of the planting techniques set forth in Subsection E(8)(b)[1] and [2] above; or
[4]
The use of other planting techniques of native
species as may be necessary to restore the vegetation association
which existed prior to the extraction activity; and
(9)
Slopes beyond a water body's shoreline shall be permitted
at the natural angle of repose to the bottom of the pond.
F.
Existing resource extraction operations shall be defined
as any area which has been and, at the time of adoption of these regulations,
is being operated as part of the regular business of the operator
and/or owner of such land area and shall include the entire tract
of land on which the operation is situated (extending to the limits
of adjacent properties and/or other contiguous land of the operator).
G.
Waivers from strict compliance form the provisions
of this section can be granted by the Land Use Board when said waiver
will not impair or reduce the Land Use Board's ability to adequately
review plans in connection with information or details to be provided
in an application, or adversely affect the environment, neighboring
properties or the intent of the adopted Township Master Plan in the
case of operation and rehabilitation standards.
H.
Operators of all approved resource extraction operations
shall, on a yearly basis, certify in writing and to the satisfaction
of the Deerfield Township Land Use Board that all mining and restoration
activities have been and continue to be conducted in accordance with
the approved extraction plans. In the event that the Land Use Board
determines that any such activities deviate from the approved plans,
the operator shall immediately cease all mining and restoration activities
until such time as the violation is resolved or new extraction plans
which reflect the deviation are approved.
I.
In addition to those expenses as delineated in Subsection B, the applicant shall be responsible for costs incurred for services of the Township Engineer, or his designee, to make a yearly inspection of the premises and operations of the applicant so as to verify that said applicant is meeting the terms and conditions of those plans submitted at the time of issuance or renewal of a license as called for in Subsection C. Said amount shall be paid within 30 days of submission of a voucher to the applicant. The inspection shall normally take place within 30 days of each yearly anniversary of the issuance of the license. Failure to make payment of the inspection fee as noted in this section may result in the Township Committee voting to temporarily suspend the license of the applicant until such time as the yearly review fee is paid.
Roadside stands or artisan's displays as defined in § 120-5 may be established as provided in the Schedule of District Regulations and according to the following standards:
A.
Roadside stand. Any property whereon farm produce
or plants are grown may establish a roadside stand as provided in
the Schedule of District Regulations and subject to the following
conditions:
(1)
The parcel proposed for development has road frontage
of at least 50 feet with one defined entrance/exit from the road;
(2)
The stand shall be maintained in good repair on a
well-kept site and shall maintain no display of goods closer than
40 feet to a road right-of-way line and shall supply adequate on-site
parking area;
(3)
The maximum sales area of the establishment shall
not exceed 5,000 square feet;
(4)
A minimum of 30% of the produce sold in said market
shall be grown on the property whereon the stand is located and the
sale of live animals or poultry shall be prohibited.
(5)
A maximum of three temporary off-site signs shall be permitted during periods of operation only, each not more than six square feet in area. Additionally, 48 square feet of identification sign area shall be permitted either on the stand or within 30 feet thereof. All signs permitted in connection with roadside stands shall conform to the provision of § 120-115 of this chapter.
B.
Artisan's display. An area may be established to display the products, artwork, crafts or work of an artist, artisan or craftsperson on the property of their studio or workshop. Such a display may be permitted in the case of a home occupation according the provisions of § 120-110 of this chapter and notwithstanding the provisions of § 120-110A, provided that the items displayed are made on site and are deemed by the Zoning Officer as the work of the artist, artisan or craftsperson residing and/or working at that location. Such an area shall comply with the following regulations:
(1)
A display shall be designed and limited in size and
scope to offering examples of the work which is undertaken at the
site and/or is for sale thereon. It can take the form of a small table,
showcase or step-like platform showing products or the hanging of
items from a clothesline, rack or roof, ceiling or gables of a front
porch. Such a display shall not exceed 10 by 12 square feet in area.
No items shall be so displayed unless the owner thereof is present
and open for business except where a showcase is permanently established
and items displayed therein are kept secure.
(2)
No additional signs shall be permitted since the purpose
of allowing the artisan's display is to advertise the products made
there and for sale.
(3)
No self-standing display separate from a structure shall be located closer than 10 feet of any right-of-way or 30 feet of an adjoining property line, nor shall it be located at the intersection of a driveway and/or roadways in such a way as to create a problem for driver vision obstruction and shall comply with § 120-94.
(4)
No display of goods or products not made on site by
a resident artist, artisan or craftsperson will be permitted in an
artisan's display as permitted by this section.
(5)
Illumination of a display shall be permitted, provided
that it not cause glare to adjoining properties or roadways and shall
not be of an intensity greater than necessary to permit display and
provide security.
It is the intent of this section to permit the
use of lands currently zoned for agricultural use for residential
purposes when it can be reasonably demonstrated to the satisfaction
of the Land Use Board that the lands involved are not suited to agricultural
use upon which said residence is proposed to be constructed. The subdivision
of such lands and development thereon of a single-family, detached
residential dwelling may be permitted only in accordance with the
following conditions:
A.
Lot size.
(1)
Any parcel to be used for a rural residence shall
be a minimum of one acre in size and be suitable for such residential
use, which shall mean be environmentally suited to the use proposed.
The Land Use Board in considering a subdivision application for a
rural residence use may require more or less where existing conditions
warrant such increase or decrease in lot size. Conditions that the
Board may find to justify an increase or decrease in the above-noted
minimum one-acre lot size include, but are not limited to:
(2)
In the case of Subsection A(1)(b)[2], the Land Use Board shall take into consideration the size of the proposed dwelling and on-site soil conditions to assure future suitability of the site for the use proposed.
B.
One of the following three conditions shall be met
by the application submitted:
(1)
The land to be utilized is not classified as prime
farmland eligible for preservation as identified by the Cumberland
County Agricultural Development Board.
(2)
The land in question is not found to be suitable to
farming or other agricultural uses due to one or more of the following
reasons, but are not limited to:
(a)
Shape of the parcel;
(b)
Acreage owned;
(c)
Significant adjacent development not related
to agricultural purposes or activities and which would make farming
of the parcel proposed for subdivision difficult or less economically
feasible;
(d)
The parcel involved has never been farmed;
(e)
Some other circumstances or factors which make
farming or agricultural activities not suited to the parcel in question.
(3)
The creation of a lot for construction of a rural
residence on land which is currently being farmed or which was farmed
in the past two years will not be allowed unless the residence is
for a member of the immediate family of the property owner or a person
who is directly involved or employed on the farm wherefrom the lot
is to be subdivided.
C.
Not more than two rural residence lots shall be permitted
within a three-year period, regardless of the ownership of the land
in question.
D.
The rural residence lot to be created will be located
on an improved, public roadway, and no new road shall be constructed
in connection with said subdivision.
E.
The yard and setback requirements for a residence when an accessory use to a farm and as set forth in the Schedule of District Regulations shall apply to a rural residence along with all other applicable sections of this chapter, including subdivision and site plan review as required by § 120-42 of this chapter.
F.
A rural residence lot shall be subject to the requirement of the provision of an agricultural buffer as provided for in § 120-71 of this chapter since the lot, once created, may be sold and thereby raising the possibility of conflicts between the residential and the agricultural uses. In the case of a rural residence, the farm owner/applicant may be permitted to establish the buffer area on the farm property around the proposed rural residence lot, if justification for doing so is found reasonable by the Land Use Board.
A.
Declaration and findings of policy; scope.
(1)
Whereas sexually oriented businesses are a serious
hazard to the public health, welfare, safety and quality of life;
and whereas, sexually oriented businesses have a demonstrable deleterious
effect on both the existing businesses and surrounding residential
areas; and whereas, sexually oriented businesses create an atmosphere
which is inimical to the values of this significant segment of the
township's population; and whereas, sexually oriented businesses,
when located in close proximity to each other, contributes to urban
blight and downgrade the quality of life in the surrounding areas,
now, therefore, it is the policy of the Township of Deerfield to regulate
sexually oriented businesses, to protect the public health, welfare
and safety and the quality of life.
(2)
This section shall apply to the regulation of sexually
oriented businesses within the limits of the Township of Deerfield.
B.
Location of sexually oriented businesses.
(1)
A person violates this section if he operates or causes
to be operated a sexually oriented business within one mile of:
(2)
Measurements shall be made in a straight line, without
regard to intervening structures or objects, from the nearest portion
of the building or structure used as part of the premises where a
sexually oriented business is conducted, to the nearest property line
of the premises of a place of worship, a school, a boundary of a residential
district, a public area, a lot devoted to residential use or another
sexually oriented business.
C.
Development standards.
(1)
Buildings used for sexually oriented businesses shall
meet all applicable safety standards of the Township of Deerfield,
including but not limited to adequate fireproofing of walls, floors,
ceilings, adequate fire escapes and exits and adequate fireproofing
of all book and/or film storage areas.
(2)
Parking shall be provided at a ratio of one square
foot of parking for every square foot of building area. Such parking
shall be paved, striped and appropriately marked and otherwise complying
with all existing requirements for off-street parking plan and design
standards. In addition, all parking spaces shall be linked in an internal
circulation system with one access and one egress point to and from
the subject's site. No parking shall be allowed within the buffer
area designated in this section.
(3)
All off-site improvements, such as curbs, gutters,
sidewalks, drive approaches, lighting, landscaping and street trees
shall be provided as required by the Land Use Board.
(4)
The interior of the bookstore or adult facility shall
be adequately lighted and constructed so that every portion thereof
is readily visible to the Clerk or other supervisory personnel from
the counter or other regular stations.
(5)
Lobby and entrance areas should be designed so as
to minimize obstructions of sidewalks during operating hours.
(6)
Advertisements, displays or other promotional material
shall not be shown or exhibited so as to be visible to the public
from pedestrian sidewalks or walkways or from other areas, public
or semipublic; and such displays shall be considered signs.
(7)
No outdoor loudspeakers or sound equipment audible
to the exterior of the structure housing the sexually oriented business
shall be used for adult bookstores, adult motion-picture theaters
or adult mini motion-picture theaters, as defined herein and shall
be evaluated subject to the following controls:
(8)
All of the above items listed in this subsection shall
be evaluated subject to the following controls:
(a)
Minimum site size: The minimum site size shall
be two acres, with a minimum width of 400 feet.
(b)
Lot coverage. Coverage of the lots by the principal
building shall not exceed 5% of the total site area.
(c)
Building height. Maximum height of the building
shall not exceed 2 1/2 stories or 35 feet.
(d)
Buffer area. At a minimum, and except where
otherwise noted, there shall be a buffer area of 100 feet around the
entire perimeter of this site. This area shall be landscaped with
a double alternating row of evergreen trees, six feet in height at
time of planting, spaced eight feet on center. Such trees shall augment
natural landscaping. In the event that natural landscaping is not
available around the site, then additional landscaping shall be provided
in the form of another alternating row of evergreen trees as prescribed
herein.
(e)
Building setback. The principal building shall
be set back 150 feet from any road or front property line.
(f)
All trash, refuse, articles or any matter to
be disposed of shall be shredded or cut in such a fashion so that
the remains shall not be readable, legible or discernible.
(g)
Construction of all walls and partitions in
buildings in which movies, films or shows of any kind are shown shall
be subject to the following:
[1]
In the construction of all walls and partitions
in all rooms or booths, material of not less than one-hour fire-resistant
time shall be used.
[2]
All aisles in such establishments shall be less
than 50 inches in width.
[3]
The light level in such establishments shall
not be less than 10 footcandles at floor level.
[4]
In every room of such establishments, there
shall not be fewer than two lighted exits within the constant and
unobstructed view of the occupants, which exits shall lead directly
to the outside of such building.
(h)
Single use. No building, premises, structure
or other facility that contains any adult establishment shall contain
any other kind of adult establishment. No building, premises or structure
or other facility in which sexually oriented devices are sold, distributed,
exhibited or contained shall contain any adult establishment.
D.
Use regulations.
(1)
No person under the age of 18 years shall be permitted
into any sexually oriented business premises at any time for any purpose.
A sign conspicuously posted shall give notice of this regulation.
(2)
Hours of operation shall be no earlier than 9:00 a.m.,
nor later than 12:00 midnight, prevailing time, on weekdays and Saturdays.
All sexually oriented businesses shall be closed on Sundays.
A studio or workshop may be located as permitted
in the Schedule of District Regulations and the following conditions
and/or regulations:
A.
A studio or workshop established in conjunction with a home occupation, professional home occupation or a village home occupation shall be considered an accessory thereto the home occupation and comply with the area requirements as set forth in § 120-110 of this chapter. When established as the principal use of a property then said studio or workshop shall be considered as a principal use as provided in the Schedule of District Regulations for the zoning district in which it is located, and would be subject to site plan review.
B.
When established in an A Agriculture, R-1 Residential,
R-2 Residential, CR Center Residential, CMU Center Mixed Use or C-1
Center Business Zoning District, a studio or workshop shall not be
created as a separate structure if more than two accessory structures
exist on the lot involved. In such a case, the studio or workshop
must either be located within the principal or one of the accessory
structures or be attached thereto, provided that it meets all the
setback requirements for the zoning district in which it is located.
When said studio or workshop is a freestanding structure, it shall
be provided with access to the roadway upon which the property involved
abuts.
C.
A studio or workshop that will be utilized for the
sale of products or the gathering of people for classes, activities
or shows shall provide additional parking accommodate said additional
use. If the public is to be admitted to the studio or workshop on
a regular basis as noted herein above, then the studio or workshop
shall pedestrian accessways connecting the studio or workshop to any
parking area and/or the street. Lighting and handicapped accessibility
shall also be provided.
D.
A studio or workshop shall be designed, equipped and
operated in such a way as to prevent noise, smoke, dust, fumes, glare
or other nuisances from the activities conducted inside. When located
within a residentially zoned area, the studio or workshop shall not
be opened to the public before sunrise or after sunset except for
classes or special events like recitals or shows held within the studio
or workshop structure. Such special events shall not be held more
often then once in any calender quarter of the year.
E.
No studio or workshop established as part of a home
occupation shall exceed a height of 35 feet, nor shall it exceed the
permitted square footage for an accessory use of a home occupation.
Setback dimension for home occupation studios or workshops shall comply
with those permitted for a garage in the zoning district in which
they are located. For all other studios or workshops, maximum and
minimum dimensions and setbacks shall be set forth in the Schedule
of District Regulations.
Windmills, including those used for the production
of electric current, energy conservation devices such as solar panels
for heating, and private communication installations, including television
and/or radio towers, antennas, satellite dishes and similar devices,
may be installed as per the Schedule of District Regulations, subject
to the following conditions:
A.
Windmills shall be permitted in connection with any
residential, agricultural, recreational or industrial use when they
meet the following standards:
(1)
The proposed windmill will not block, interfere or
otherwise impair a scenic vista or corridor as identified in this
chapter or the view for an adjoining residential structure.
(2)
The primary purpose of a proposed windmill(s) will
be to provide power for the principal use of the property whereon
said windmill(s) is to be located and shall not be for the generation
of power for commercial purposes, although this provision shall not
be interpreted to prohibit the sale of excess power generated from
time to time from a windmill designed to meet the energy needs of
the principal use.
(3)
The windmill and its location on the property involved
shall be designed to eliminate any nuisances to surrounding properties
and to limit any noise from said windmill from being heard off the
property where said windmill is located. The actual side and rear
yard setbacks for a windmill shall be determined by the Land Use Board
and shall be based upon the height of the proposed windmill.
(4)
No variance shall be granted in connection with a
proposed windmill to permit a height greater than 300 feet or the
placement of a windmill so close to a property line as to result in
any portion of the windmill at any time, whether erect or in the event
the windmill should fall or be toppled, to overhang, cross or otherwise
extend beyond the property line.
(5)
No windmill shall be located in any required front
yard area.
(6)
The minimum lot size required for the erection, construction
or placement of a windmill on a property shall be five acres.
B.
Energy conservation devises such solar heating panels
and private communications equipment, such as dish or disc antennae,
satellite antennae, television or radio towers and similar devices,
shall be permitted in accordance with the following conditions:
(1)
No energy conservation or communications equipment
shall be located in any required front yard area to the extent practical
given the need for solar access in the case of energy conservation
equipment.
(2)
Energy conservation or communications equipment shall
not be attached to the front facade or roof area of any structure
or building wherever practical given the requirements for said equipment
such as solar access or satellite alignment.
(3)
When any dish, disc or satellite antennae is located
within 20 feet of adjoining property, it shall be screened with plant
material to the extent practical to reduce unsightly appearance without
affecting performance.
(4)
No communication equipment shall be permitted which
causes interferences or problems for adjoining properties' communication
equipment or reception of television, radio or other communication
signals.
(5)
Wherever practical and possible, energy conservation
and communication equipment shall be so located on a property so as
not to be visible from the street.
(6)
Construction and erection of such equipment shall
be subject to the Uniform Construction Code and shall at no time constitute
a threat to public safety, health or welfare.
An owner or person in possession of real estate
used for residential purposes may hold a yard, tag or garage sale
not more than three times in any calendar year upon applying for a
permit from the Township Clerk. Issuance of such a permit shall be
based on the following conditions:
A.
A tag, yard or garage sale shall not exceed two consecutive
days. Due to heavy traffic contributing to overall traffic safety
concerns, no yard sale may be held during the annual Harvest Festival.
B.
A maximum of four temporary off-site directional signs measuring not over two square feet in area each for any tag, yard or garage sale for which a permit is issued. All such signs shall be placed and removed in accordance with the provisions of § 120-115 of this chapter, except that no sign permit shall be required for such signs. Signs must be removed by the applicant within three days after the event.
C.
Any tag, yard or garage sale shall be conducted only
during the hours of daylight. The Township Committee may impose restrictions
on the location of such a tag, yard or garage sale on a property and
the hours of operation of said sale where it is determined, based
upon consultation with the appropriate officials, that said sale would
create a traffic hazard.
D.
Tax exempt organizations are exempt from obtaining
a permit under this section, but shall be subject to the standards
set forth herein in connection with the frequency, hours of operation
and the signs allowed for such sales.
