Township of Cranbury, NJ Supplementary Zoning Regulations

Except for lots which have been legally created since January 1, 1983, whenever title to two or more contiguous lots is held by the same owner, regardless of whether or not each of said lots may have been approved as portions of a subdivision or acquired by separate conveyance or by other operation of law, and one or more of said individual lots does not conform with the minimum lot area and dimension requirements for the zone in which it is located, the contiguous lots of said owner shall be considered a single lot.

Whenever the owner of a lot existing at the time of adoption of this chapter has dedicated or conveyed land to the municipality in order to meet the minimum street width requirement of the Official Map or Master Plan of the Township, the construction official shall issue building and occupancy permits for the lot whose depth and/or areas are rendered substandard because of such dedication and where the owner has no other adjacent lands to provide the minimum requirements.

Any existing lot on which a building or structure is located and which lot does not meet the minimum lot size, or a structure which violates any yard requirements, may have additions to the principal building and/or construction of an accessory building without any appeal for variance relief, provided:

The existing use(s) on the lot are permitted use(s) in the zone.

Such building or addition may violate a setback requirement so long as the accessory building or addition intrudes no more into the required setback than the principal building, providing the minimum setback for such structure shall not be less than 50% of the required setback, whichever is greater.

The maximum permitted building coverage or floor area ratio is not exceeded.

The accessory building and/or addition do not violate any other requirements of this chapter such as, but not limited to, height, setback and parking.

In any residential zone, a detached single-family residence, together with any permitted accessory uses, may be erected or altered on a nonconforming lot of record without a variance, provided the following provisions are met:

The lot was a preexisting nonconforming lot as of the date of the adoption of this chapter and the owner does not own any adjoining contiguous land.

The lot shall meet the standards set forth in § 150-16.

The applicant shall present an affidavit stating that the owners of adjoining lots are unwilling to sell the land needed to eliminate the nonconforming features of the lot or that the price demanded for such land is unreasonable.

The proposed development shall be subject to all necessary approvals by the Middlesex County Health Department.

In any nonresidential zone, an existing detached single-family residence, together with any permitted accessory uses, may be altered on a nonconforming lot of record without a variance, provided that the following provisions are met:

The lot and use was a preexisting nonconforming lot and use as of the date of the adoption of this chapter and the owner does not own any adjoining contiguous land.

The lot meets the requirements set forth in § 150-16.

The applicant shall present an affidavit stating that the owners of the adjoining lots are unwilling to sell the land needed to eliminate the nonconforming features of the lot or that the price demanded for such land is unreasonable.

The proposed development shall be subject to all necessary approvals by the Middlesex County Health Department.

Structures and uses.

Any nonconforming use or structure existing at the time of the passage of this chapter may be continued upon the lot or in the structure so occupied and any structure may be restored or repaired in the event of partial destruction.

Repairs and maintenance work required to keep a structure in sound condition may be made to a nonconforming structure containing a nonconforming use. However, no nonconforming structure or structure containing a nonconforming use shall be enlarged, extended, constructed, reconstructed or structurally altered in any manner without appeal for variance relief, except as may be otherwise provided in this chapter.

§ 150-32 Accessory buildings, structures and uses.

General requirements.

Accessory buildings, structures and uses shall be permitted only on the same lot as the principal building to which they are accessory.

Accessory buildings, structures and uses shall not be such as to alter the character of the premises on which they are located and, except for accessways to accessory parking or loading areas from an adjoining street, shall not encroach upon any front, side or rear yard unless otherwise permitted in this chapter.

All accessory buildings, structures or uses shall be governed by the bulk and area regulations of the zone in which they are located, except that storage sheds associated with one- and two-family dwelling units on the same lot as the principal structure shall be located at least 10 feet from the side and rear lot lines and shall comply with the front yard requirement for a principal structure and shall not exceed a maximum floor area of 200 square feet. Storage sheds on corner lots shall not be located nearer to any street line than the minimum required front yard in the zone in which the lot is located.

Satellite antennas. Satellite antennas shall be permitted in all zones and shall meet the following requirements:

Only satellite receiving antennas shall be permitted.

The maximum diameter shall be 18 inches.

They shall not be located in any required front yard.

They may be located on the roof, providing they are not visible from the street.

The minimum distance to any lot line shall be three feet.

Only one such antenna shall be permitted for each dwelling unit.

In the event the applicant can demonstrate that the antenna will not function properly or provide adequate reception in accordance with the above requirements, the Planning Board or a committee thereof shall grant a design waiver upon the showing of adequate proofs by qualified experts.

Satellite transmitting and receiving antennas. Satellite transmitting and receiving antennas shall be permitted as accessory uses in all nonresidential zones in accordance with the following conditions:

The maximum diameter shall be 12 feet.

Only one such antenna per principal building shall be permitted.

They shall not be located in any front yard.

They shall be located a minimum of 10 feet from any lot line.

The antenna shall be securely anchored to a concrete pad and the surrounding area shall be suitably landscaped.

The antenna shall be effectively screened from surrounding lots by landscaping, berming, fence or combination thereof.

The maximum height of the antenna (in a vertical position) and mounting pad shall be 15 feet.

All state and federal requirements pertaining to radiation shall be complied with and proof of compliance shall be submitted with an application for a transmitting/receiving satellite antenna.

In the event the applicant can demonstrate that the antenna will not function properly or provide adequate reception where installed in accordance with the above conditions, the Planning Board or a committee thereof shall grant a design waiver upon the showing of adequate proofs by qualified experts.

§ 150-33 Exceptions and supplemental requirements to bulk and area regulations.

Yards.

[Amended 12-28-1998 by Ord. No. O-11-98-25]

Yard dimensions. Minimum required yard dimensions shall include required transition buffers.

Corner lot. On a corner lot, there shall be deemed two front yards on abutting streets, one rear yard and one side yard.

Through lots. On a through lot, front yards are required along all street lines.

All minimum yard requirements shall be measured from the closest point of the principal building. Attached garages shall meet the minimum yard requirements of the principal building.

Curved lot frontage. When a lot adjoins a cul-de-sac or abuts a curved street with a radius of less than 500 feet, the required lot frontage may be reduced to not less than 1/2 the required minimum lot width, and the minimum lot width at the front yard line maybe reduced to not less than 75% of the required lot width.

Lot depth. The required lot depth at any point may be decreased by 25% if the average lot depth conforms to the minimum requirements.

Minimum net habitable floor area. The net habitable floor area of any dwelling unit shall be not less than the least restrictive of the most current minimum floor areas as promulgated by the New Jersey Housing Finance Agency or the United States Department of Housing and Urban Development in its minimum property standards manual.

Maximum occupancy limits. The number of occupants of any dwelling unit shall not exceed the maximum permitted under the most current occupancy guidelines as established by the United States Department of Housing and Urban Development.

Maximum number of principal structures. In all nonresidential zones and in the R-ML and R-AH Residential Zones, more than one principal structure shall be permitted on each lot. The placement of more than one principal structure shall be subject to Board approval of a site plan showing existing and proposed development of the site. All use and bulk controls, with the exception of minimum lot, area, applicable to the lot shall be applied to all principal and accessory structures on the lot. The minimum lot area for a single lot shall apply.

[Amended 8-30-1999 by Ord. No. O-07-99-26]

§ 150-34 Swimming pools, tennis courts and similar private recreational facilities.

Except for portable swimming pools less than three feet in height and less than 10 feet in length or diameter, the following regulations shall apply to permanent and portable swimming pools, tennis courts and similar recreational facilities that are accessory to a residential use:

Said use shall be located on the same lot as the principal structure and only in the side or rear yard.

Said use shall comply with the minimum side yard requirements for principal structures.

Said use shall be screened to minimize any adverse impact on adjoining properties.

No loudspeakers or amplifying devices which can be heard beyond the lot lines of the lot on which said facility is located shall be used in connection with such recreation facilities.

Swimming pools shall be enclosed by a permanent fence as regulated in the State Uniform Construction Code. (See Chapter 72, Construction Codes, Uniform.) The purpose of such fence shall be to enclose the swimming pool. Such fence shall not exceed a maximum height of five feet. If more than 50% solid, then such fence shall be located no farther than 20 feet from the edge of the pool.

All hot tubs and whirlpools in excess of three feet in depth shall be enclosed by a four-foot-high fence or pool cover or other protective device approved by the Construction Official.

Chain link fences are permitted around a tennis court, provided that such fences do not exceed 12 feet in height, and the dimensions of the fenced area are no more than are 60 feet by 120 feet. A minimum distance equal to the height of the fence shall be maintained to all property lines.

Tennis court drainage shall be reviewed and approved by the Township Engineer prior to construction.

No lighted tennis courts shall be permitted.

§ 150-34.1 Docks and piers.

[Added 8-30-2004 by Ord. No. 07-04-17]

All decks or piers, whether permanent or temporary, shall adhere to the following regulations. An applicant for a dock or pier shall submit plans to the Zoning Officer to ensure the adequacy of construction and mooring. The Zoning Officer may refer the plans to the Township Engineer for review and recommendation(s). For purposes of this chapter, the terms "dock" and "pier" shall mean the same.

There shall be no more than one dock for each lot.

All docks shall be installed parallel to the shore and shall not extend into the water more than five feet.

The maximum width of a dock shall be 20 feet.

The minimum distance to a side lot line shall be 20 feet.

The height of the dock or pier above water shall not be higher than the adjacent land.

he owner of a dock shall execute an agreement, acceptable to the Township Attorney, to indemnify, defend and hold harmless the Township and its employees, agents, and officials from and against any and all claims for damages or injury caused by or related to the dock or pier.

The dock shall be marked as to the identity of the owner.

All parts of a retaining wall, including footings, braces and foundations, built or to be built at or near the lake line shall be located on the land side of the lake line and not in the lake.

§ 150-35 Fences and walls.

General requirements.

[Amended 11-28-2011 by Ord. No. 10-11-19; 2-11-2019 by Ord. No. 01-19-03]

The finished side of a fence shall face the adjoining property.

Fences that exceed five feet in height and face a public road shall be set back at least five feet from the property line and shall be landscaped along the outside of the fence.

All fences that exceed six feet in height shall be landscaped.

Above ground electric fences, razor wire and barbed wire fences are prohibited in all residential zones.

Fences or walls, as described in Table 1, are permitted as indicated in Table 2.

Table I: FENCE AND WALL TYPES
Type Description		Location	Remarks
1	Up to 100% solid, up to 3 feet high	Anywhere on property up to the property line	See Figure 9.1
2	Up to 50% solid, up to 5 feet high	Anywhere behind the front building line to the side and rear property lines	See Figure 9.2
3	Up to 50% solid, up to 8 feet high	Anywhere on property up to the property line	See Figure 9.3
4	Up to 100% solid, up to 8 feet high	Anywhere behind the front building line up to the side and rear property lines	See Figure 9.4
5	Up to 100% solid, up to 6 feet high	A maximum length of 25 feet anywhere on the property, behind the rear building line1	See Figure 9.5
NOTE:
¹ The adjacent property owner may likewise erect a fence along the same common property line, such fence not to exceed 25 feet.

Table 2: FENCES AND WALLS PERMITTED BY ZONE
Zone	Type 1	Type 2	Type 3	Type 4	Type 5
A-100	No	Yes	No	No	Yes
R-LI	No	Yes	No	No	Yes
RLD-1	No	Yes	No	No	Yes
RLD-3	No	Yes	No	No	Yes
V/HR	No	Yes	No	No	Yes
R-ML	No	Yes	No	No	Yes
R-ML II	No	Yes	No	No	Yes
R-ML III	No	Yes	No	No	Yes
R-AH	No	Yes	No	No	Yes
VC	No	Yes	No	No	Yes
HC	No	Yes	Yes	Yes	Yes
GC	No	Yes	Yes	Yes	Yes
CM	No	Yes	No	No	Yes
HM	No	Yes	No	No	Yes
RO/LI	No	Yes	Yes	Yes	Yes
I-LI	No	Yes	Yes	Yes	Yes

Exceptions.

The fence standards indicated in Subsection A shall not apply to commercial agricultural uses.

The fence standards in Subsection A shall not apply to fences around swimming pools and tennis courts which are addressed in § 150-34.

Except for dwellings in the Village Commercial Zone, dwellings in a nonresidential zone that abut a nonresidential use, as defined in Article I, may have a solid fence or wall not exceeding six feet in height behind the building line and along the common lot line.

Fences or walls for any commercial use abutting a residential zone or use shall not exceed a maximum height of six feet.

§ 150-36 Outdoor storage.

All outdoor storage shall conform to the following requirements:

Residential districts. Outdoor storage of any kind or nature, except storage of those items customarily used in conjunction with and incidental to a residential occupancy or agricultural use, is prohibited in all residential zones, with the following exceptions:

No motor vehicle shall be permitted to be stored or repaired (including, but not limited to, removal of wheels) outside of a garage so as to cause the same, at any time, to be in any disassembled or disabled condition, or be lacking a valid motor vehicle registration for the current year. This should not be construed as prohibiting an owner from working on one personal, registered vehicle for a reasonable time not in excess of 30 days. This provision shall not apply to the outdoor storage of operational farm machinery and the products of commercial agriculture on a farm as defined in this chapter which is located in any residential zone.

House trailers and recreational vehicles. One unoccupied house trailer or recreational vehicle owned by the property owner shall be permitted on a lot. The trailer or vehicle shall be garaged or parked no closer to the side or rear property line than the required side or rear yard setback for the principal structure upon the lot. The trailer or vehicle shall be parked behind the face of the principal residential structure even if the structure is located behind the required front yard setback.

Commercial vehicles. No more than two commercial vehicles may be parked, stored or garaged overnight subject to the following conditions:

A commercial vehicle is defined as a vehicle with a registered gross vehicle weight (GVW) of 10,000 pounds or more, a length greater than 240 inches and a width or height over 84 inches.

If two commercial vehicles are parked or stored on a lot, at least one shall be stored in a garage.

Only one commercial vehicle may be parked or stored outdoors on a lot, and shall be at least 10 feet from the side or rear property lines.

Commercial and other nonpassenger vehicles shall be fully screened from adjacent properties along side or rear property lines.

All commercial vehicles permitted by these provisions to be parked, stored or garaged on any property located in any residential zone shall be owned by and registered to the owner or occupant of the premises or the owner/occupant's employer.

One of the two commercial vehicles permitted on a lot may include a school bus.

The outdoor parking area for commercial or other nonpassenger vehicle shall be improved with pavement, gravel, crushed stone, or grass pavers.

Parking of construction equipment vehicles is allowed on a temporary basis when construction is taking place on the lot or making delivery.

(i)

Commercial vehicles that are parked or garaged shall not have their vehicle or accessory engines or compressors running for extensive periods of time.

Boats on boat trailers. One boat on a boat trailer 21 feet or less in length may be parked or stored outside the confines of a building in accordance with the following requirements:

The maximum 21 feet shall include hitching devices.

All boats on boat trailers shall display a current state license and/or registration.

All boats on boat trailers shall be stored at least 10 feet from the side or rear property lines.

All boats on boat trailers shall be parked behind the face of the principal residential structure even if the structure is located behind the required front yard setback.

All boats or boat trailers shall be screened from adjoining properties so as not to be visually obtrusive.

Commercial districts.

[Amended 11-28-2011 by Ord. No. 10-11-19]

Outdoor storage in the Highway Commercial, General Commercial, VC Village Commercial, CM Community Mixed Use and HM Highway Mixed Use Zones shall be permitted and limited in accordance with the following provisions:

Outdoor storage, display or sales shall only be permitted in conjunction with uses which are permitted in the respective zones and shall be limited to nursery stock, horticultural products, vehicles, equipment and building supplies, which cannot ordinarily be accommodated indoors, and shall be accessory to the principal use.

Products stored outside shall not exceed a maximum height of eight feet.

Such outdoor storage, display and sales area is subject to site plan review and approval by the Board.

Repair garage and automobile service stations.

Except as otherwise permitted in this section, no repair garage or automobile service station shall store wrecked, damaged, disassembled (either whole or in part) or abandoned motor vehicles, boats or used automotive or marine parts or used supplies or materials thereof.

The temporary storage of wrecked, damaged or disassembled and abandoned motor vehicles is permitted, as follows.

Such vehicles may be stored on a temporary basis while insurance claims are being processed or while junk title is being obtained from the Division of Motor Vehicles. Temporary storage is also permitted of abandoned motor vehicles, pending disposition of court complaints or the processing of junk title being obtained from the Division of Motor Vehicles; providing, however, that such vehicles have been brought or stored there at the direction or request of a local, County, State or Federal law enforcement agency.

Such vehicles shall be located in a rear yard and screened so that no stored vehicle or equipment shall be visible off-premises.

On corner lots in those cases where no rear yard exists, storage areas are restricted to the single side yard behind the line projected by the building face and subject further to all the regulations set forth in this section.

In no event shall storage be closer than 10 feet to any property line.

In no event shall the temporary storage of more than 10 such vehicles be permitted simultaneously at any one public garage or gasoline service station. The area of such storage shall be maintained in a clean and safe manner, free from all debris, glass, loose parts and leaking fuel, lubricants and other fluids.

§ 150-37 Signs.

[Amended 11-24-1997 by Ord. No. O-10-97-18; 11-28-2011 by Ord. No. 10-11-19; 7-23-2012 by Ord. No. 07-12-12; 12-13-2021 by Ord. No. 11-21-12]

Purpose, intent and scope. It is the purpose of this section to promote the public health, safety and general welfare through reasonable, consistent and nondiscriminatory sign standards. The sign regulations in this section are not intended to censor speech or to regulate viewpoints, but instead are intended to regulate the secondary effects of speech, and especially insofar as those secondary effects may adversely affect aesthetics and traffic and pedestrian safety. In order to preserve and enhance the Township as a desirable community in which to live and do business, a pleasing, visually attractive environment is of foremost importance. The regulation of signs within the Township is a highly contributive means by which to achieve this desired end. These sign regulations have been prepared with the intent of enhancing the visual environment of the Township and promoting its continued well-being, and are intended to:

Encourage the effective use of signs as a means of communication in the Township;

Maintain and enhance the aesthetic environment and the Township's ability to attract sources of economic development and growth;

Improve pedestrian and traffic safety;

Minimize the possible adverse effect of signs on nearby public and private property;

Foster the integration of signage with architectural and landscape designs;

Lessen the visual clutter that may otherwise be caused by the proliferation, improper placement, illumination, animation, excessive height, and excessive size (area) of signs which compete for the attention of pedestrian and vehicular traffic;

Allow signs that are compatible with their surroundings and aid orientation, while precluding the placement of signs that contribute to sign clutter or that conceal or obstruct adjacent land uses or signs;

Encourage and allow signs that are appropriate to the zoning district in which they are located and consistent with the category of use and function to which they pertain;

Curtail the size and number of signs and sign messages to the minimum reasonably necessary to identify a residential or business location and the nature of any such business;

Establish sign size in relationship to the scale of the lot and building on which the sign is to be placed or to which it pertains;

Categorize signs based upon the function that they serve and tailor the regulation of signs based upon their function;

(12)

Preclude signs from conflicting with the principal permitted use of the site and adjoining sites;

(13)

Regulate signs in a manner so as to not interfere with, obstruct the vision of or distract motorists, bicyclists or pedestrians;

(14)

Except to the extent expressly preempted by state or federal law, ensure that signs are constructed, installed and maintained in a safe and satisfactory manner, and protect the public from unsafe signs;

(15)

Preserve, conserve, protect, and enhance the aesthetic quality and scenic beauty of all districts of the Township;

(16)

Allow for traffic control devices consistent with national standards and whose purpose is to promote highway safety and efficiency by providing for the orderly movement of road users on streets and highways, and that notify road users of regulations and provide warning and guidance needed for the safe, uniform and efficient operation of all elements of the traffic stream;

(17)

Protect property values by precluding to the maximum extent possible sign types that create a nuisance to the occupancy or use of other properties as a result of their size, height, illumination, brightness, or movement;

(18)

Protect property values by ensuring that sign types, as well as the number of signs, are in harmony with buildings, neighborhoods, and conforming signs in the area;

(19)

Regulate the appearance and design of signs in a manner that promotes and enhances the beautification of the Township and that complements the natural surroundings in recognition of the Township's reliance on its natural surroundings and beautification efforts in retaining economic advantage for the community;

(20)

Preserve and enhance the rural and historic character of the Township; and

(21)

Enable the fair and consistent enforcement of these sign regulations.

Approvals required. No sign, except those which are exempt from such approvals as set forth in § 150-37C below, may be erected, constructed, attached or relocated or structurally altered, unless approved by the Zoning Officer or the board having jurisdiction over an application for site plan approval, as set forth in this article.

Signs permitted without permit.

Directional signs having an area of less than two square feet and located a minimum of 15 feet from any property line. Directional signs shall not block the line of sight from driveways and roads.

Information or public service signs, such as those advertising meeting places, dates, temperature, the availability of rest rooms, telephone, or similar public conveniences, provided that such signs do not exceed two square feet in size, do not contain logos and do not advertise any commercial establishment, activity, organization, product, goods or services, except those of public utilities. Information signs provided for the guidance and convenience of the public within commercial properties may also be erected.

Historic tablets, cornerstones, memorial plaques and emblems which do not exceed six square feet in area and which are installed by government agencies or civil or religious organizations.

Signs which issue warnings or safety messages, such as but not limited to "no hunting," "no trespassing," "beware of dog," "private road," "private driveway," etc., provided they do not exceed two square feet in area.

Help wanted or yard sale signs, provided such signs are less than two square feet in area, and posted for no longer than two weeks at a time.

Certain temporary signs, the specifications for which are set forth in § 150-37E(7).

Free expressions signs as defined in § 150-7.

Prohibited signs. The following signs are prohibited in all zone districts:

Any sign which does not advertise a permitted business, use or product sold on the premises, except as may be permitted in § 150-37C above or § 150-37E(5) below.

Signs using red, green, blue or amber illumination in a beam, beacon or flashing form resembling an emergency light.

Animated signs or digital display signs, including any signs that rotate, gyrate, blink, move, or appear to move in any fashion.

Signs attached to the exterior glass of a building.

Roof signs and signs extending above the wall to which they are attached.

Permanent marquees extending over the sidewalk beyond the street line.

Signs posted on fences, posts, utility poles or trees.

Signs posted on Township property except where specifically authorized by the Township.

Signs installed, painted or digitally projected on sidewalks or curbs.

Signs on abutments, retaining walls and embankments.

Signs painted directly on buildings, or which fully obstruct any windows.

(12)

Signs on accessory buildings.

(13)

Signs which constitute a hazard to the traveling public by obstructing driving vision, regulatory or directional signs or signals.

(14)

Billboards, except as permitted in § 150-37M.

(15)

Signs or any advertisements attached to automobiles, trailers (attached or unattached) or vehicles of any nature, parked or left stationary for more than 24 hours upon any vacant land, private driveway, or public street.

(16)

Except as otherwise specified or restricted, all outside lighted signs operating after 1:00 a.m.

(17)

Illuminated signs where the source of light is directly visible from adjoining properties or streets.

(18)

All temporary signs, except as set forth in § 150-37E(7) and (8).

(19)

Signs that emit smoke, visible vapors, particles, sound or odor.

(20)

Inflatable signs or displays.

(21)

Any changeable-copy sign, except those changeable-copy signs required by state law, that are designed to allow the sign copy to be changed or altered without undertaking a physical alteration to the sign (such as changing sign panels or repainting the sign), i.e., through the use of movable letters, electronic displays, interchangeable parts or other means.

(22)

Electronic message display signs.

General standards.

General standards for all signs. Signs in all zone districts shall comply with all applicable county, state and federal sign regulations as well as the following:

Unless exempt per § 150-37C, all signs shall be approved by either the Zoning Officer, or in the case of signs submitted as part of an application for variances, design waivers or site plan approval, by the Board over which the application has jurisdiction.

All applications involving the approval of signage shall submit a sign plan showing the size, location, colors, materials and typeface for all signs to be constructed, along with any other detail that is required to demonstrate compliance with the standards herein.

Public service devices such as clocks and temperature indicators and all directional signs shall be devoid of advertising or logos.

Signs should be compatible with the building's style in terms of location, scale, color and lettering to which it is attached or with which it is associated.

In the case where multiple signs are being provided for a single premises on property or development, there should be consistent sign design theme throughout. The design theme should include style of lettering, construction material, pole or standard, size and lighting.

When more than one sign is used, the colors on the signs shall be coordinated with each other to present a unified image.

Required signs. All principal buildings in all districts shall be clearly identified as to house or street number or name by means of an unobstructed sign affixed to the wall facing a public street. In all residential and commercial districts, such sign shall be no less than one square foot or exceed two square feet, and in all other zone districts, such sign shall be no less than four square feet nor no more than eight square feet. Such shall be clearly visible and legible from the main and abutting street. Such signs shall not require a construction permit.

Maintenance and good repair. All signs, including the structure and supporting hardware and including temporary signs, shall be maintained in good repair and functioning properly at all times. Sign faces shall be kept clean, legible and in good condition. Repairs to signs shall be of equal or better in quality of materials and design as the original sign. Upon determining that a sign has become structurally unsafe or endangers the safety of the building or the public, the Construction Official shall order such sign be made safe or removed. Such order shall be complied with within 10 days of the receipt thereof by the owner of the building or premises on which such unsafe sign is affixed or erected.

Measurement of sign area. Signs may be double-faced, but the maximum permitted area shall apply to one side only. The area of the sign shall include each and every part of the sign, including moldings and frames. Where the sign is supported by a post or pylon whose surface is being used for displaying or extending the sign itself, the area of this post or pylon shall be considered as part of the total allowable sign area. Wherever the name or advertising message on a sign is divided between a number of panels or parts, the total area of all the panels and parts shall be considered as one sign. Where a sign consists of letters, numbers, logos or images, the area of the sign shall be considered as the total area of the smallest rectangle which can collectively enclose all of the letters or numbers, logos or images. Where a wall sign is permitted and based on a maximum percentage of the wall area, the wall area shall be measured from ground level to the bottom of the roof eaves and from one side of the building to the other.

Nonconforming signs. Any nonconforming sign which can be shown to have lawfully existed on the date of enactment of this chapter may be continued and may be restored, unless the sign has been abandoned.

Abandoned signs. Where a sign no longer relates to an activity conducted on the site, it shall be removed by the owner at the owner's expense. Such removal shall be carried out within 90 days of cessation of activity. Signs shall also be removed upon receiving written notification by the Zoning Officer for any location. In the event the sign is not removed within 15 days after written notice, the Township may remove the sign at the expense of the property owner, and for this purpose, the Township shall have a lien in the amount of the removal cost.

Temporary signs. The following temporary signs shall be permitted in all districts. Temporary signs shall not exceed 12 square feet in area and shall be set back at least five feet from all property lines. Temporary signs shall not exceed five feet in height above ground level.

One temporary sign identifying the architects, engineers, builders, brokers, contractors and others connected with the construction or repair of any building on such lot may be erected or installed without a sign permit. Such signs may be erected upon the issuance of a construction permit and shall not be displayed beyond the effective date of any certificate of occupancy affecting the premises.

One temporary "for sale" or "for rent" sign may be erected or installed without a sign permit. The "for sale" or "for lease" sign shall be removed within seven days following the completion of the sale or lease transaction.

Temporary political election signs shall be permitted in all zone districts prior to a primary, general or special election and for one week thereafter.

Temporary directional signs for agricultural activities may be located on lots other than where the activity is taking place.

Temporary free expression signs are permitted in all districts.

Temporary event signs and temporary window signs shall be permitted in all commercial zone districts, including the VC (Village Commercial), HC (Highway Commercial), GC (General Commercial), MC (Community Mixed Use) and HM (Highway Mixed Use) Zone districts only, subject to the following requirements:

A temporary event sign but not a temporary window sign shall require a permit approved by the Cranbury Township Zoning Officer prior to its erection or display. A permit shall be required for each sign.

Temporary event signage and temporary window signs for any one business shall be permitted for a period not to exceed a total of 90 calendar days within a calendar year, with a maximum of four temporary event sign permits issued to each business in a calendar year. Each temporary event sign permit will have a maximum duration of 30 days, after which the permit will automatically expire. A thirty-day separation period shall be required between the end of one permitted period of time and the start of another, such that no temporary signs shall be permitted for that business within the thirty-day separation period.

Only one temporary event sign shall be permitted per frontage.

No temporary event signs shall be placed in a location where the height of the sign exceeds 12 feet above grade.

Temporary event signs shall not be located within a public right-of-way, driveway, parking space, or within sight triangles. Temporary event signs shall not block or impede any vehicular, pedestrian or bicycle traffic in any way.

The following types and sizes of temporary event signs shall be permitted:

[1]

Banners. A temporary event banner hung from a single pole or light stanchion shall not exceed 20 square feet in area. A temporary event banner strung between a wall and poles, or between poles or light stanchions, shall not exceed 50 square feet in area.

[2]

Balloons. Up to 20 balloons of any color in one single bunch may be placed on an existing permanent sign or may be placed in conjunction with a banner for which a temporary event sign permit has been issued.

[3]

Flags, streamers and pennants. Up to two lines of flags, streamers or pennants, totaling not more than 20 feet, may be placed upon or attached to an existing permanent sign, or to a banner for which a temporary event sign has been granted.

[4]

Balloons, flags, pennants and streamers shall require a temporary event sign permit, and the duration of display shall be in accordance with this subsection.

[5]

Temporary window signs shall be permitted to cover up to 25% of the window to which it is mounted, but in no event shall such signs exceed eight square feet in total.

Temporary event signs shall not be lit by any illumination device, or light source, which has not already been approved by site plan approval.

Sign standards in residential zone districts. Except for the Planned Adult Residential (PAR) Overlay Zone District, only the following types of signs shall be permitted in residential zone districts:

Any sign erected by an agency of the Township, county, state or federal government.

Signs used for the protection of the public during construction or repairs.

One sign, with a maximum area of two square feet and a maximum height of eight inches, indicating only the name and address of the occupant of any dwelling or permitted home occupation or permitted and approved bed-and-breakfast establishment. Signs shall be constructed of natural materials (i.e., wood, metal or stone).

Signs identifying the names of public or semipublic institutions, including schools and houses of worship as follows:

The area of any freestanding institutional sign shall not exceed 20 square feet, and not more than one such sign shall be placed along any street on which such property fronts at least five feet from the property line.

Not more than one additional sign may be located on the wall of any structure on the site. The area of each such sign shall not exceed 25 square feet or 2% of the area of the wall to which it is affixed, whichever is less.

Signs designating entrances or exits to or from parking areas shall be limited to one sign with a maximum area of two square feet for each such exit or entrance and located at least five feet from a property line. One additional sign per parking area designating the conditions of use or identity, with a maximum area of six square feet shall be permitted.

Sign standards in the Planned Adult Residential (PAR) Overlay Zone District. In the PAR Overlay Zone District, the following signs shall be permitted:

Any sign erected by an agency of the Township, county, state or federal government.

One monument entrance feature sign on each side of the primary entrance to the community, plus one entrance feature sign on each side of a secondary entrance. Each entry monument shall be limited to a maximum of 36 square feet of sign face and shall be coordinated as part of an overall signage design for the community.

Way-finding signs may be located throughout the community.

Temporary flags and signs shall be permitted during sales events during the construction phases of the development.

Entry feature monuments may include hardscape in the form of brick or stone and may include decorative fencing at a maximum height of 48 inches. Monument structures shall have a maximum height of 60 inches from the average grade. The sign face shall be designed to match the scale, style, and design of the entrance monument on which it is mounted.

Entrance features and all secondary way-finding signage may be lighted with either ground-mounted or sign-mounted lighting meeting the requirements of this chapter.

All signs shall be landscaped consistent with the site landscaping plan.

Sign standards in the Village Commercial (VC) Zone District.

General standards.

For single-tenant buildings, no more than two signs, each of a different type, shall be permitted per property.

Signs shall be compatible with the historic character of the Village as reviewed by Cranbury's Historic Preservation Commission (HPC). The HPC may offer recommendations to the Zoning Officer or board who is responsible for its approval, but such recommendation is advisory and not binding upon the Zoning Officer or approving board.

All signs in the VC Zone District shall be fabricated from natural materials, or natural-looking materials, and their design shall be compatible with the historic nature of downtown Cranbury.

Colors used for the sign shall match either the background or the trim color of the structure it serves, with no more than three colors inclusive of black, and white shall be used on one sign.

To the extent that signs in the VC Zone District are illuminated, only external illumination shall be permitted. All illumination sources should be shielded and directed only toward the sign.

Freestanding signs.

Freestanding signs shall be permitted anywhere in the front yard and may be located on the property line, provided no portion of such sign projects into the right-of-way.

The maximum size of the sign face shall be 10 square feet. The maximum height to the top of such sign shall be seven feet.

Wall signs.

Only one sign affixed to the wall shall be permitted for each business; either a projecting sign or a wall sign.

The sign size shall be restricted to an area not more than 5% of the wall area, including windows and doors, on which the sign is attached, or a maximum of 12 square feet, whichever is less.

No wall sign shall obscure architectural details of the building.

Projecting signs.

Only one sign affixed to the wall shall be permitted for each business; either a projecting sign or a wall sign.

In multi-business-tenanted building, one projecting or wall sign shall be permitted for each business tenant. Each projecting sign shall be separated by a distance of not less than 25 feet.

A projecting sign shall provide a vertical clearance of no less than eight feet from the bottom of the sign to the finished grade or sidewalk below. Such sign shall not project above the top of the vertical wall to which it is affixed, nor above the first story of a multistory building.

A projecting sign shall not extend more than for four feet from the face of the building to which it is attached.

The total area of a projecting sign shall not exceed seven square feet.

Window signs.

Permanent window signs shall be limited to the name and function of the business, and only in those cases where a wall sign is not provided.

Permanent window signs shall be limited to 25% of the total glass area of the building front but shall not exceed a maximum of eight square feet.

Temporary window signs such as for sales or special events shall be permitted but limited to 25% of the total glass area of the window in which the sign is located or a maximum of eight square feet, whichever is less, and limited in time to that which is specified in § 150-37E(8).

Sandwich board signs.

Sandwich boards are permitted to be displayed outdoors.

An annual zoning permit is required for the display of a sandwich board. Such permit shall be valid for one calendar year after the date of issuance.

Only one sandwich board is permitted for any one business. In a multi-business-tenant building, only one sandwich board shall be permitted per tenant.

Sandwich boards shall be no more than 2 1/2 feet in width and not taller than four feet in height when extended. The height of any such sign may not be artificially increased above the maximum allowable height by placing materials beneath the base of the sign. The signs shall be placed upon the ground or at grade.

Sandwich boards may be displayed only during hours when the business is open to the public and must be brought inside the building when the business is closed to the public.

The location of the sandwich board shall be only in front of the business establishment that it advertises.

No sandwich board shall be placed in a driveway, the cartway of a public street, within a sight triangle, or within any public parking space, or impede the exiting of passengers from parked cars or pedestrian movement on a public sidewalk.

Sandwich boards may not be permanently fixed but must be secured to withstand winds to prevent a roadway or sidewalk hazard.

(i)

Sandwich boards shall be constructed of weather-resistant material, and no plastic or magnetic lettering shall be permitted. Information in the form of words, or images, may be provided in either chalk or dry-erase, in which case they shall be changed frequently.

(j)

No sandwich board shall contain foil, mirrors, or base metal or reflective material which could create a hazardous condition to a motorist, bicyclist, or pedestrian, nor contain a light of any kind.

Awning signs.

A single tenant shall not display both a projecting sign and awning sign on the same facade.

Awning signs shall be placed only on the valance parallel to the storefront.

An awning sign must not display any graphic other than the name of the business, any logo, and the street number.

The awning sign area shall be less than 70% of the surface area of valance parallel to the storefront.

The height of the lettering on an awning sign shall not exceed 12 inches, including any logo.

Awning sign copy shall be nonilluminated or indirectly illuminated.

Sign standards in commercial zones other than Village Commercial (VC) Zone District. The following sign standards apply to all uses in the General Commercial (GC), Highway Commercial (HC), Community Mixed Use (MC), and Highway Mixed Use (HM) Zone Districts:

Freestanding signs.

Not more than one freestanding sign shall be permitted for each lot, regardless of the number of establishments.

A sign shall not be located within a sight triangle and shall be located at least 10 feet from the property line, provided no safety conflict is created as a result of site-specific conditions, in which case the sign shall be located farther away from the road to allow for safe pedestrian and vehicular traffic.

Materials shall be similar to the primary structure.

Freestanding signs shall be located and designed in such a manner as to be consistent with the landscaping plan for the site.

The area of the freestanding sign shall not exceed 50 square feet with a maximum letter size of 15 inches.

The maximum height of the freestanding sign (from grade to the top of the sign) shall be 15 feet.

All freestanding signs shall be externally lit.

Wall signs.

In a single-tenant building, a total of two exterior wall signs shall be permitted, provided that not more than one such sign shall be affixed to any single exterior wall. The maximum sign area of a wall sign shall be 5% of the building facade but shall not exceed 50 square feet, whichever is less. The purpose of the wall sign shall be to identify individual uses from the parking lot, not the highway.

In a multi-tenant building, individual wall signs identifying each tenant are permitted along the front facade, provided that the combined area of such signs does not exceed 5% of the building or 100 square feet, whichever is less.

All wall signs shall be affixed flat against the wall and shall not project more than six inches.

Wall signs are permitted on the wall extending horizontally across the top of the storefront. Wall signs shall not obscure, conflict with or cover any architectural element and must be aligned with major building elements, such as windows, trim and structure lines.

Wall signs shall not be more than 15 feet above grade level.

All wall signs shall be externally lit. However, individual channel cut letters and logos that are internally lit shall be permitted.

Window signs.

Permanent window signs shall be permitted in addition to wall signs, provided all window lettering and signage is inside the window and shall be kept in good repair.

Permanent window lettering or signs shall be permitted only if the rectangle or circle confining such lettering or sign, or the background upon which it appears, does not exceed 10% of the window area. Any painted area of any window shall be construed as window lettering or signs, whether or not such area actually contains lettering or advertising.

The window lettering or sign shall pertain only to the establishment occupying that portion of the premises where the window is located.

Temporary window signs shall be permitted in accordance with § 150-37E(8).

Sign standards for outdoor dining.

For those establishments for which outdoor dining is permitted and for which site plan approval has been granted, no signs other than a menu board shall be permitted outside the restaurant. Not more than one menu board shall be allowed for each outdoor dining use. The menu board shall not exceed four square feet. The menu board shall be attached to the abutting building or other location approved by the Planning Board and shall be in compliance with Township codes. All signage, including the menu board and signage on awnings, canopies and umbrellas and other fixtures, shall be in compliance with Township codes regulating signage. No additional lighting of the sign shall be permitted.

Sign standards for fuel stations and convenience stores.

Only one freestanding sign shall be permitted for a stand-alone fuel stations or stand-alone convenience stores, or for combined fuel stations and convenience stores provided on the same lot. Such sign may include price information but shall not exceed 60 square feet in area or 20 feet in height measured from grade to the top of the sign and shall not be located closer than 10 feet from any property line.

A stand-alone convenience store may have a freestanding sign of the same dimensions, height and location as that permitted by a fuel service station.

In addition, one wall sign on any convenience store or accessory fuel service station building shall be permitted per street frontage, and shall not exceed 40 square feet in area, either as a single sign or in aggregate.

When a canopy over a fuel service area has been provided, one sign or logo shall be permitted on the canopy. Such sign or logo shall not to exceed 12 square feet.

Customary lettering or other insignia which are an integral part of a fuel pump or canopy and consisting only of a fuel name, price indicator and any other sign or signs as required by law. The aggregate area of such sign shall not exceed three square feet on each pump.

One temporary sign, located inside the property line, specifically advertising special or seasonal servicing of motor vehicles, provided that the area of each side of such sign shall not exceed eight square feet.

All signs shall be externally lit, except that wall signs may use individual channel cut letters on logos that are internally lit.

Sign standards in industrial zone districts. The following sign standards apply to all uses in the Research Office and Light Industrial (RO/LI), Light Industrial (LI), Industrial-Light Impact (I-LI), and Industrial-Light Impact Sewered (I-LIS) Zone Districts.

Freestanding signs.

One freestanding sign per road frontage shall be permitted for each tenant.

The area of such sign(s) shall not exceed 1.5 square feet for each linear foot of the front of the building or 60 square feet, whichever is less.

The height of such sign(s) shall not exceed six feet.

The sign(s) shall be located at least 10 feet from the property line.

The area surrounding the base of the sign(s) shall be landscaped consistent with the site landscaping plan.

Such signs shall be externally lit.

Directory signs.

One freestanding directory sign identifying the occupants of the building shall be permitted for each driveway entrance.

The area of such sign(s) shall not exceed 16 square feet, and the height shall not exceed six feet.

Such sign(s) shall be located at least 50 feet from the property line.

The area surrounding the base of the sign(s) shall be landscaped consistent with the site landscaping plan.

Such signs shall be externally lit.

Wall signs.

In single-tenant buildings, a maximum of two wall signs shall be permitted.

In multi-tenant buildings, a maximum of one wall sign shall be permitted for each tenant with a maximum of four wall signs in total, and with no more than one wall sign per facade.

Tenants that occupy a corner space in a multi-tenant building shall be permitted to have one sign on each side of the building up to a maximum of two signs.

The total area of a single wall sign shall not exceed 2% of the area of the facade to which it is affixed or 100 square feet, whichever is less. The height of the sign itself shall not exceed 10 feet.

In single-tenant buildings, wall signs shall either be placed over the main entrance of the building or shall be placed towards a top wall corner, but no closer than three feet to the top of the vertical wall to which it is attached and no closer than four feet of the side to the wall to which it is attached.

In multi-tenant buildings, where several tenants share a common entrance, only one wall sign shall be permitted; however, the space on the wall sign may be allocated among the several tenants.

Building numbering or identification signs for the purpose of directing emergency personnel shall not be included as a "wall sign" for purposes of compliance with this section. (See § 150-37E(2), Required signs.)

No wall sign shall be located less than 12 feet above finished grade, nor shall such wall sign project above or to the side of any wall to which it is attached.

(i)

A wall sign shall not project more than 12 inches from the face of the wall.

(j)

Wall signs shall not be internally lit. However, individual channel cut letters or logos with internal illumination shall be permitted. External sources of lighting shall be in accordance with this chapter.

(k)

Wall signs shall be utilized for the identification of the tenants within the building only, and no advertising, phone numbers, websites or other information shall be permitted. Corporate or business identification logos shall be permitted.

Sign standards for billboards.

Billboards are permitted along the New Jersey Turnpike.

Billboards may be located a maximum of 250 feet from the right-of-way line of the Turnpike.

Maximum billboard sign area showing to one direction shall be 672 square feet, with copy extensions beyond the basic billboard sign not to exceed 10% of the basic billboard area.

The minimum setback from the New Jersey Turnpike right-of-way shall be 10 feet.

The minimum setback from lot lines other than the New Jersey Turnpike shall be 50 feet.

Maximum billboard height shall be 40 feet above the grade of the New Jersey Turnpike measured at the closest point of the Turnpike to the sign location and not higher than 50 feet above grade at the location of the sign.

No more than four billboard structures shall be permitted on both sides of the New Jersey Turnpike within any linear mile.

Minimum distance between billboards shall be 1,000 feet along the same side of the Turnpike.

Billboards shall be located no closer than 800 feet to a residential zone district; provided, however, that this distance may be reduced to 500 feet if the applicant can demonstrate that the proposed sign will not be capable of being seen at any point within a residential zone district, nor will there be any glare visible from the sign within the residential zone district.

Billboards shall be designed and sited to be viewed only from the Turnpike.

Applications for billboards shall be subject to the review and approval procedures set forth in § 150-85 of the Cranbury Township Code. The items to be reviewed as part of such application shall include traffic safety, lighting, landscaping, visual impact, drainage and other similar elements of site plan reviews. As part of its review, the approving agency shall consider the impact of the proposed billboard on surrounding properties and the Turnpike itself. Lighting shall be designed to restrict any glare and spillover to the immediate area of the sign. Landscaping shall be required to achieve a positive aesthetic impression of the general sign area. Visual impact, particularly on surrounding properties, shall be minimized and addressed through the use of landscaping, screening, berming, grading and fencing.

Substitution of noncommercial speech for commercial speech. Notwithstanding anything contained in this section or this Code to the contrary, any sign erected pursuant to the provisions of this section or this Code with a commercial message may, at the option of the owner, contain a noncommercial message unrelated to the business located on the premises where the sign is erected. The noncommercial message may occupy the entire sign face or any portion thereof. The sign face may be changed from a commercial to a noncommercial message, or from one noncommercial message to another, as frequently as desired by the owner of the sign, provided that the sign is not a prohibited sign or sign type, and provided that the size, height, setback and other dimensional criteria contained in this section and this Code have been satisfied.

Severability.

Generally; severability where less speech results. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this section is declared or held to be invalid or unconstitutional by any court of competent jurisdiction, such declaration or holding shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this section, even if such severability would result in less speech, whether by subjecting previously exempt signs to this section's permitting requirements, or otherwise.

Severability of provisions pertaining to billboards and other prohibited signs and sign types. Without diminishing or limiting in any way the declaration of severability set forth above or elsewhere in this section, this Code or in any adopting ordinance, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this section or any other law is declared or held to be unconstitutional or invalid by any court of competent jurisdiction, such declaration or holding shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this section that pertains to prohibited signs, including specifically the prohibition on billboards and those signs and sign types prohibited and not allowed under Subsection D of this section.

§ 150-38 Cellular towers.

[Added 3-22-1999 by Ord. No. O-02-99-05]

Purpose and objectives. The purpose and objective of this chapter is to provide appropriate locations for cellular towers in Cranbury Township and the conditions under which such towers are permitted. The specific objectives of this chapter are to restrict the location of such towers to sites particularly suitable for such uses, minimize the number of cellular towers in Cranbury Township, encourage cooperation between carriers for joint use of towers, minimize the visual impact of such towers on the Historic Village and the residential areas of the Township, and to preserve the intent and purpose of the zone plan of the Township.

Where permitted. Cellular towers shall be conditional uses in all zones in the Township.

Conditional use requirements.

In A-100, R-LI, RLD-1, RLD-3, V/HR, R-ML, R-AH, VC, HC, GC, CM and HM Zones.

[Amended 11-28-2011 by Ord. No. 10-11-19]

Cellular antennas may only be affixed to existing towers, water tanks, standpipes and church steeples.

Existing towers, water tanks, standpipes and steeples may be rebuilt or replaced to allow additional antennas to be affixed. The rebuilt or replaced tower shall be substantially the same as the tower or structure it replaces. An existing tower may be extended an additional 26 feet as long as it does not exceed the maximum height specified elsewhere in this chapter.

In RO/LI, LI and I-LI Zones.

Cellular towers shall be located at least 800 feet from any residential zone.

Cellular antennas may be affixed to existing towers, water tanks, standpipes and steeples, regardless of their distance from residential zones.

Area and setback requirements:

The minimum lot area for a cellular tower and equipment shed shall be 20,000 square feet.

The minimum setback from the public road for any tower or equipment shed shall be 150 feet.

If the antennas are proposed to be located on an existing tower, water tank, standpipe or steeple, no additional land or greater setback is required over the present lot area or setback of the existing structure.

Height requirements. The applicant shall demonstrate to the Planning Board satisfaction that the proposed height of the cellular tower is the maximum needed to provide the proposed level of service. No such tower shall be in excess of 150 feet measured from existing grade to the top of the tower.

Design considerations. The following design details shall be adhered to:

The tower shall be of a monopole design unless the applicant demonstrates to the Planning Board satisfaction that another design is required to support the antennas.

The enclosure containing the equipment shed, tower and antennas shall be designed to prevent trespassing and unauthorized access.

The maximum size and height of the equipment shed shall be 600 square feet and 15 feet in height.

Not more than one equipment shed shall be permitted on any site for each service provider.

Lighting shall be kept to a minimum based on security and other governmental agency requirements (such as the FAA). Lights shall be designed with cutoff panels to prevent off-site glare.

Equipment sheds in residential zones shall be designed to be compatible with surrounding buildings.

The site shall be landscaped in such a manner so as to minimize the visual impact of the site on surrounding properties and to create a visually satisfying impression. The landscaping shall include evergreen and deciduous plantings surrounding the perimeter lot boundary.

Required submissions. The applicant shall submit an application for site plan approval in accordance with Article V of Chapter 150, Land Development, of Cranbury Township. In addition to the required items specified in the Land Development Chapter, the applicant shall also submit the following additional material in written and/or graphic form and/or by oral testimony by qualified experts:

That the proposed installation meets or exceeds state and federal standards with respect to RF energy levels to which the public may be exposed.

That the design and installation of the tower meets or exceeds State and industry standards for safety and stability for the number and type of antennas proposed to be located on the tower or which could be located in the future.

That the height of the tower is the maximum needed to assure an adequate level of service for the service area.

That existing towers, water tanks and standpipes cannot be used for the installation of the proposed antennas.

That the applicant will permit other service providers to use the tower at competitive market rental rates. This permission shall be in a form to be reviewed and approved by the Planning Board Attorney.

That Township departments or agencies can use the tower for their antennas at no cost to the Township. This permission shall be in a form to be reviewed and approved by the Township Attorney.

That the proposed tower is part of a carefully considered plan, including the location of other future towers, to provide adequate service to the area.

That through the use of a visual impact analysis, the visual impact of the tower on residential areas shall be determined by the Planning Board to be minimal.

That the applicant has secured the appropriate FCC license.

That the site is particularly suited for the use.

That the proposed use will not have an adverse effect, including property values, on adjacent properties.

(12)

That the construction of the cellular tower will not have an adverse impact on the Township Land Use Plan.

§ 150-39 Outdoor dining areas.

[Added 9-11-2006 by Ord. No. 08-06-20]

Purpose. The purpose of this section is to encourage the provision of outdoor dining areas as accessory uses in conjunction with permitted restaurants in order to provide a unique environment for relaxation and food consumption. At the same time, regulations are specifically required for outdoor dining areas to control and ameliorate the potential impact of such areas on adjacent uses, particularly adjacent residential uses, and to protect the public health, safety and welfare of residents of the Township.

Where permitted. Outdoor dining areas shall be permitted as accessory uses to restaurants in the Village Commercial (VC) Zone and the Highway Commercial (HC) Zone, and within planned industrial parks within the Research Office and Light Industrial (RO/LI) Zone and the Light Industrial (LI) Zone.

General requirements.

Outdoor dining uses or outdoor dining areas shall be permitted as accessory uses only in conjunction with a permitted restaurant.

Outdoor dining areas shall be required to obtain site plan approval, including outdoor dining areas that are added to existing restaurants.

No outdoor entertainment, music or public address system shall be permitted within the outdoor dining area.

No exterior lighting that illuminates beyond the boundaries of the property or the outdoor dining area in excess of one-half footcandle shall be permitted.

In computing the number of off-street parking spaces required for restaurants with outdoor dining areas, the outdoor dining area and its seating capacity shall be included. However, where such outdoor seating represents a relocation of indoor seating such that there will be no increase in the overall seating capacity of the restaurant, such areas shall not be included.

No signs other than a menu board shall be permitted outside the restaurant. Not more than one menu board shall be allowed for each outdoor dining use. The menu board shall not exceed four square feet. The menu board shall be attached to the abutting building or other location approved by the Planning Board and shall be in compliance with Township codes. All signage, including the menu board and signage on awnings, canopies and umbrellas and other fixtures, shall be in compliance with Township codes regulating signage.

In addition to the general submission requirements for site plan approval per Article V of Chapter 150, Land Development, of Cranbury Township, an application for site plan approval for an outdoor dining area shall include all items required per § 150-39F.

Requirements for outdoor dining areas in the Village Commercial (VC) Zone.

In addition to obtaining site plan approval, outdoor dining uses in the Village Commercial (VC) Zone shall also be required to obtain and renew an outdoor dining license as provided for in Chapter 106 of the Code of the Township of Cranbury.

Outdoor dining areas in the Village Commercial (VC) Zone shall be permitted entirely within the front yard of the property containing the restaurant and/or wholly or partially within the sidewalk or the public right-of-way in front of the restaurant.

In the event that the outdoor dining extends to a sidewalk in front of another space in the same building or an adjacent property, the licensee shall obtain the written permission of the owner(s) and/or tenant(s), if any, of the building or space abutting any additional sidewalk frontage.

Outdoor dining areas that are to be located within the public right-of-way shall only be located on sidewalks that are at least eight feet in width. Sidewalks less than eight feet but more than six feet in width may be considered for outdoor dining areas, provided the additional public safety issues created by the narrower width, which issues would include sidewalk surface and separation of pedestrians from vehicular traffic, are adequately addressed.

Outdoor dining areas within a public right-of-way shall be located in a manner that promotes efficient and direct pedestrian movement. A minimum of one unobstructed pedestrian path at least four feet wide shall be maintained at all times. In areas of congested pedestrian activity, a wider pedestrian path may be required.

The perimeter around the outdoor dining area on a side within a public right-of-way may be delineated using nonpermanent fixtures such as railings, potted plants, decorative chains, or other approved fixtures. The permanent anchoring of tables, chairs, umbrellas, awnings, canopies, railings or other fixtures may be approved by the Planning Board, provided such anchoring meets all other applicable codes, ordinances and laws and the applicant provides adequate assurances that the sidewalk will be repaired in a manner consistent with Township requirements, or in the case of an outdoor dining area within the public right-of-way of a county or state road, the county or state requirements concerning sidewalk repair, in the event any permanently anchored fixture is removed. The Planning Board may require as a condition of approval that any fixture not permanently anchored shall be removed from the outdoor dining area during any time when the outdoor dining area or abutting business establishment is not open for business.

Tables, chairs, umbrellas, canopies, awnings and any other fixtures shall be of uniform design and shall be made of quality materials and workmanship to ensure the safety and convenience of users and to enhance the visual quality of the village environment. Design, materials and colors shall be compatible with the restaurant to which it is accessory and shall be approved by the Planning Board.

Requirements for outdoor dining areas in the Highway Commercial (HC) Zone, and within planned industrial parks in the Research Office and Light Industrial (RO/LI) and Light Industrial (LI) Zones.

Outdoor dining areas shall not be located within 50 feet of a residential zone boundary.

Outdoor dining areas shall be set back 25 feet from all property lines and 10 feet from all driveways and parking areas.

Such setback area shall be suitably landscaped and screened as appropriate to block noise, glare, lighting and other potential impacts from adjoining properties and from vehicular movements within the property.

Supplementary site plan submission requirements. An application for site plan approval for outdoor dining areas shall be submitted in accordance with Article V of Chapter 150, Land Development, of Cranbury Township. In addition to the required items specified in the Land Development chapter, the applicant shall also submit the following additional material in written or graphic form and/or by oral testimony by qualified experts:

For all outdoor dining areas in all districts where permitted.

Name, address, block and lot of all uses within 200 feet to either side of the property, including types of uses, and, in the case of mixed use, the location of use by level within a building;

A drawing (drawn to scale) showing the layout and dimensions of the outdoor dining area;

Seating capacity of the existing restaurant and the proposed outdoor dining area, and compliance of the restaurant with the parking requirements of the Township;

Hours of operation for both the restaurant and the outdoor dining area itself;

Lighting fixtures, including a lighting plan showing the footcandles within the outdoor dining area, and an area extending 50 feet beyond the outdoor dining area.

Additionally, for outdoor dining areas in the Village Commercial (VC) Zone:

The drawing shall include: the proposed location, size and number of tables, chairs, steps, umbrellas, awnings, canopies, location of doorways, trees, signs or menu boards, sidewalk benches, trash receptacles, railings, decorative chains and any other fixture, structure or obstruction either existing or proposed within the outdoor dining area;

Photographs, drawings or manufacturers' brochures fully describing the appearance of all proposed tables, chairs, umbrellas, awnings, canopies or other fixtures related to the outdoor dining area;

CATEGORY ONE WATERS or C1 WATERS

If any table, railing, awning, canopy or any other fixture is to be permanently anchored, such information shall be shown on the drawing.

§ 150-39.1 Riparian zones.

[Added 6-22-2015 by Ord. No. 05-15-09]

Purpose and authority. The purpose of this § 150-39.1 is to designate riparian zones, and to provide for land use regulation therein in order to protect the streams, lakes, and other surface water bodies of the Township of Cranbury and to comply with N.J.A.C. 7:15-5.25(g)3, which requires municipalities to adopt an ordinance that prevents new disturbance for projects or activities in riparian zones as described herein. Compliance with the riparian zone requirements of this section does not constitute compliance with the riparian zone or buffer requirements imposed under any other federal, state or local statute, regulation or ordinance.

Definitions. As used in this section, the following terms shall have the meanings indicated:

ACID PRODUCING SOILS

Soils that contain geologic deposits of iron sulfide minerals (pyrite and marcasite) which, when exposed to oxygen from the air or from surface waters, oxidize to produce sulfuric acid. Acid producing soils, upon excavation, generally have a pH of 4.0 or lower. After exposure to oxygen, these soils generally have a pH of 3.0 or lower. Information regarding the location of acid producing soils in New Jersey can be obtained from local Soil Conservation District offices.

APPLICANT

A person, corporation, government body or other legal entity applying to the Planning Board, Board of Adjustment or the Construction Office proposing to engage in an activity that is regulated by the provisions of this section, and that would be located in whole or in part within a regulated riparian zone.

Shall have the meaning ascribed to this term by the Surface Water Quality Standards, N.J.A.C. 7:9B, for purposes of implementing the antidegradation policies set forth in those standards, for protection from measurable changes in water quality characteristics because of their clarity, color, scenic setting, and other characteristics of aesthetic value, exceptional ecological significance, exceptional recreational significance, exceptional water supply significance, or exceptional fisheries resources.

DISTURBANCE

The placement of impervious surface, the exposure or movement of soil or bedrock, or the clearing, cutting, or removing of vegetation.

INTERMITTENT STREAM

A surface water body with definite bed and banks in which there is not a permanent flow of water and shown on the New Jersey Department of Environmental Protection Geographic Information System (GIS) hydrography coverages or, in the case of a Special Water Resource Protection Area (SWRPA) pursuant to the Stormwater Management rules at N.J.A.C. 7:8-5.5(h), C1 waters as shown on the USGS quadrangle map or in the County Soil Surveys.

LAKE, POND, OR RESERVOIR

Any surface water body shown on the New Jersey Department of Environmental Protection Geographic Information System (GIS) hydrography coverages or, in the case of a Special Water Resource Protection Area (SWRPA) pursuant to the Stormwater Management rules at N.J.A.C. 7:8-5.5(h), C1 waters as shown on the USGS quadrangle map or in the County Soil Surveys; that is an impoundment, whether naturally occurring or created in whole or in part by the building of structures for the retention of surface water. This excludes sedimentation control and stormwater retention/detention basins and ponds designed for treatment of wastewater.

NJDEP or DEPARTMENT

The New Jersey Department of Environmental Protection.

PERENNIAL STREAM

A surface water body that flows continuously throughout the year in most years and shown on the New Jersey Department of Environmental Protection Geographic Information System (GIS) hydrography coverages or, in the case of a Special Water Resource Protection Area (SWRPA) pursuant to the Stormwater Management rules at N.J.A.C. 7:8-5.5(h), C1 waters as shown on the USGS quadrangle map or in the County Soil Surveys.

PERMIT-BY-RULE

Shall have the meaning ascribed to this term by the NJDEP's Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-1.2.

RIPARIAN ZONE

The land and vegetation within and directly adjacent to all surface water bodies including, but not limited to lakes, ponds, reservoirs, perennial and intermittent streams, up to and including their point of origin, such as seeps and springs, as shown on the New Jersey Department of Environmental Protection's GIS hydrography coverages or, in the case of a Special Water Resource Protection Area (SWRPA) pursuant to the Stormwater Management rules at N.J.A.C. 7:8-5.5(h), C1 waters as shown on the USGS quadrangle map or in the County Soil Surveys. There is no riparian zone along the Atlantic Ocean or along any manmade lagoon or oceanfront barrier island, spit or peninsula.

SPECIAL WATER RESOURCE PROTECTION AREA or SWRPA

A three-hundred-foot area provided on each side of a surface water body designated as a C1 water or tributary to a C1 water that is a perennial stream, intermittent stream, lake, pond, or reservoir, as defined herein and shown on the USGS quadrangle map or in the County Soil Surveys within the associated HUC 14 drainage, pursuant to the Stormwater Management rules at N.J.A.C. 7:8-5.5(h).

SURFACE WATER BODY (BODIES)

Any perennial stream, intermittent stream, lake, pond, or reservoir, as defined herein. In addition, any regulated water under the Flood Hazard Area Control Act rules at N.J.A.C. 7:13-2.2, or state open waters identified in a letter of interpretation issued under the Freshwater Wetlands Protection Act Rules at N.J.A.C. 7:7A-3 by the New Jersey Department of Environmental Protection Division of Land Use Regulation shall also be considered surface water bodies.

THREATENED OR ENDANGERED SPECIES

A species identified pursuant to the Endangered and Nongame Species Conservation Act, N.J.S.A. 23:2A-1 et seq., the Endangered Species Act of 1973, 16 U.S.C. § 1531 et seq. or the Endangered Plant Species List, N.J.A.C. 7:5C-5.1, and any subsequent amendments thereto.

TROUT MAINTENANCE WATER

A section of water designated as trout maintenance in the New Jersey Department of Environmental Protection's Surface Water Quality Standards at N.J.A.C. 7:9B.

TROUT PRODUCTION WATER

A section of water identified as trout production in the NJDEP's Surface Water Quality Standards at N.J.A.C. 7:9B.

Establishment and protection of riparian zones.

In addition to the goals identified by the NJDEP in its model riparian zone ordinance, strong riparian zones also serve the following goals of importance to the Township and the Cranbury community:

Slow floodwaters and reduce stream water volume during periods of heavy rain;

Stabilize stream banks and reduce channel erosion;

Improve water quality by reducing the amount of sediment, pesticides and other pollutants entering surface water;

Remove phosphorus, nitrogen and other nutrients that can lead to eutrophication of aquatic ecosystems;

Provide shade, shelter and food for fish and other aquatic species;

Provide habitat and travel corridors for a multitude of plants and animals, not just the species identified in the NJDEP model ordinance;

Improve the aesthetics of stream corridors, which can lead to increased property values; and

Provide recreational (swimming, boating, hiking) and educational opportunities for the community.

In order to advance the goals identified above, and except as provided in Subsections D and E below, riparian zones adjacent to all surface water bodies shall be protected from avoidable disturbance and shall be delineated as follows:

The riparian zone shall be 300 feet wide along both sides of any Category One water (C1 water), and all upstream tributaries situated within the same HUC 14 watershed.

For all other surface water bodies, the riparian zone shall be 150 feet wide along both sides of the surface water body.

If a discernible bank is not present along a surface water body, the portion of the riparian zone outside the surface water body shall be measured landward as follows:

Along a linear fluvial or tidal water, such as a stream, the riparian zone shall be measured landward of the feature's centerline;

Along a nonlinear fluvial water, such as a lake or pond, the riparian zone shall be measured landward of the normal water surface limit; and

Along an amorphously shaped feature such as a wetland complex, through which water flows but which lacks a discernible channel, the riparian zone shall be measured landward of the feature's centerline.

The applicant or applicant's designated representative shall be responsible for the initial determination of the presence of a riparian zone on a site, and for identifying the area of the riparian zone on any plan submitted to the Township in conjunction with an application for a construction permit, subdivision or other land development approval, or other improvement that requires plan submissions or permits. This initial determination shall be subject to review and approval by the Township Engineer and/or Zoning/Planning Board Engineer, as appropriate, and, where required by state regulation, the NJDEP.

Variances. To the extent allowed by the Stormwater Management Rules (N.J.A.C. 7:8) and the Flood Hazard Area Control Act Rules (N.J.A.C. 7:13), new disturbances for projects or activities in the riparian zone established herein may be allowed through the review and approval by the appropriate land use board of a variance pursuant to N.J.S.A. 40:55D-70c.

Exceptions. To the extent allowed under the Stormwater Management Rules (N.J.A.C. 7:8) and the Flood Hazard Area Control Act Rules (N.J.A.C. 7:13), and subject to review and approval by the NJDEP to the extent required by those rules, the following disturbances for projects or activities in the riparian zone(s) established herein are allowed:

Redevelopment within the limits of existing impervious surfaces;

Linear development with no feasible alternative route;

Disturbance that is in accordance with a stream corridor restoration or stream bank stabilization plan or project approved by the NJDEP;

Disturbance necessary to provide for public pedestrian access or water dependent recreation that meets the requirements of the Freshwater Wetlands Protection Act rules (N.J.A.C. 7:7A) or the Flood Hazard Area Control Act rules (N.J.A.C. 7:13);

Disturbance with no feasible alternative required for the remediation of hazardous substances performed with NJDEP or federal oversight pursuant to the Spill Compensation and Control Act (N.J.S.A. 58:10-23.11a et seq.) or the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. § 9601 et seq.); or

Disturbance resulting from an activity for which the NJDEP has established a permit-by-rule in accordance with Subchapter 7 of the Flood Hazard Area Control Act Rules (N.J.A.C. 7:13-7.1 et seq.), as same may from time to time be amended or supplemented. Wherever said rules require written notification to the NJDEP, a copy of such notification shall be provided simultaneously therewith to the Township Engineer and Township Clerk.

Appeals.

Any party aggrieved by the location of the riparian zone boundary determination under this section may appeal to the Township Engineer under the provisions set forth herein. The party contesting the location of the riparian zone boundary shall have the burden of proof in case of any such appeal.

Any party aggrieved by any determination or decision of the Township Engineer under this section may appeal to the Zoning Board of Adjustment pursuant to the provisions of the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. The party contesting the determination or decision shall have the burden of proof in case of any such appeal.

Enforcement.

A prompt investigation shall be made by Zoning Officer with advice as needed from the Township Engineer of any person or entity believed to be in violation hereof. If, upon inspection, a condition which is in violation of this section is discovered, a civil action in the Special Part of the Superior Court, or in the Superior Court, if the primary relief sought is injunctive or if penalties may exceed the jurisdictional limit of the Special Civil Part, by the filing and serving of appropriate process.

Nothing herein shall be construed to preclude the right of the Zoning Officer and/or Township, pursuant to N.J.S.A 26:3A2-25, to initiate legal proceedings hereunder in municipal court.

The violation of any provision of this section shall constitute a separate and distinct offense independent of the violation of any other section or subsection, or of any order issued pursuant to this section. Each day a violation continues shall be considered a separate offense.

Conflicts, interpretation, and severability.

All provisions of the Cranbury Township Code and/or other local requirements that are inconsistent or in conflict with the provisions of this section are hereby superseded to the extent of such inconsistency or conflict, and the provisions of this section shall apply.

The provisions of this section shall be construed so as not to conflict with any provision of New Jersey or federal law.

If any provision of this section is held to be invalid or unconstitutional by a court of competent jurisdiction, all remaining provisions shall continue to be of full force and effect.