A.
Conformity of proposed land uses. From and after the
effective date of this chapter, any existing or proposed structure,
building, sign or land shall not be erected, constructed, placed,
altered, extended, repaired, maintained, used or occupied except in
conformity with this chapter.
B.
Continuance of nonconforming uses and buildings. From
and after the effective date of this chapter, any use or building
existing at the time of enactment of this chapter, but not in conformity
with the provisions for the district in which it is located, may be
continued subject to the following limitations:
(1)
Expansion or alteration. No expansion, enlargement,
extension, increase or alteration of a nonconforming building shall
be made, unless such expansion or alteration would reduce or not affect
the degree of nonconformance.
[Amended 9-21-1982 by Ord. No. 702]
(2)
Safety. Nothing in this chapter shall prevent the
strengthening or restoring to a safe condition of any wall, floor
or roof which has been declared unsafe by the Construction Official.
[Amended 6-28-2005 by Ord. No. 1609]
(3)
Restoration.
[Amended 7-23-2013 by Ord. No. 1870]
(a)
Any nonconforming single-family residential use in a district that
does not permit residential uses as a principal use which is more
than 75% damaged by reason of windstorm, fire, explosion or other
act of God or man shall be deemed completely destroyed, and the use
or structure may not reestablished, rebuilt, restored or repaired
except in conformity with this chapter.
(b)
Any nonconforming use or building not subject to § 233-5B(3)(a) which is more than 50% damaged by reason of windstorm, fire, explosion or other act of God or man shall be deemed completely destroyed, and the use or structure may not be reestablished, rebuilt, restored or repaired except in conformity with this chapter.
(c)
In any zoning district which permits single-family residential dwelling
units, a single-family dwelling unit on an undersized lot which shall
be more than 50% damaged by reason of windstorm, fire, explosion or
other act of God or man shall be permitted to be reconstructed, provided
the reconstruction conforms to the setbacks that existed or the minimum
required setbacks of the zoning district in which the property is
located.
[Added 7-14-2015 by Ord.
No. 1913-2015]
(4)
Reversion. No nonconforming use or building shall,
if once changed into a conforming use or building, be changed back
again into a nonconforming use or building.
(5)
Approved construction. Nothing herein contained shall
require any change in plans, construction or designated use of a building
for which a building permit has been issued prior to the effective
date of this chapter.
(6)
[1]
Editor's Note: Former Subsection B(7), regarding requirements for expanding existing developed residential lots in certain portions of the R5 Zoning District, added 6-12-2007 by Ord. No. 1701, which immediately followed this subsection, was repealed 7-14-2015 by Ord. No. 1913-2015. See now § 233-7J.
[Amended 9-9-1986 by Ord. No. 828; 6-22-1993 by Ord. No. 1127]
A.
Establishment of Zoning Map. The boundaries of the
districts shall be as shown on the Official Zoning Map which is on
file in the Township Clerk’s Office, which map is prepared by
Dixon Associates Consulting Engineers and dated January 2008. This
map shall be known as the “Zoning Map of Galloway Township”
and is hereby made a part of this chapter.[1]
[Amended 2-22-1994 by Ord. No. 1157; 6-26-2007 by Ord. No. 1712; 8-28-2007 by Ord. No. 1729; 2-12-2008 by Ord. No.
1743]
[1]
Editor's Note: The map referred to herein
may be found as an attachment to this chapter.
B.
Rules of interpretation. In the event that any uncertainty
exists with respect to the intended boundaries of the various districts
as shown on the Zoning Map, the following rules shall apply:
(1)
The district boundaries are the center lines of streets,
alleys, waterways and rights-of-way, unless otherwise indicated. Where
designation of a boundary line on the Zoning District Map coincides
with the location of a street, alley, waterway or right-of-way, the
center line of such street, alley, waterway or right-of-way shall
be construed to be the boundary of such district.
(2)
Where the district boundaries do not coincide with
the location of streets, alleys, waterways and rights-of-way but do
coincide with lot lines, such lot lines shall be construed to be the
boundaries of such districts.
(3)
Where a district boundary does not coincide with the
location of streets, alleys, waterways, rights-of-way or lot lines,
the district boundary shall be determined by the use of the scale
shown on the Zoning District Map.
(4)
When a lot held in one ownership on the effective
date of this chapter is divided by a district boundary line, the entire
lot shall be construed to be within the less restrictive district
unless such lot is designated for commercial use along the road frontage,
wherein the entire lot shall be construed to be within the commercial
zoning district. This section shall not apply to the Pinelands Area
of the Township.
[Amended 5-10-1994 by Ord. No. 1166]
(5)
In the Pinelands Area, when a lot in one ownership
on the effective date of this chapter is split between two residential
zoning districts, the entire lot shall be construed to be within the
less restrictive district. This subsection shall not apply to any
lots located within that area of the Rural Development District designated
as the R5C District.
[Added 5-10-1994 by Ord. No. 1166]
(6)
In the Pinelands Area, when a lot in one ownership
on the effective date of this chapter is split between a commercial
zoning district and any residential zoning district other than the
R5 District, the entire lot shall be construed to be within the commercial
zoning district.
[Added 5-10-1994 by Ord. No. 1166]
(7)
In the Pinelands Area, when a lot in one ownership
on the effective date of this chapter is split between a commercial
zoning district and the R5 District, the entire lot shall be construed
to be within the commercial zoning district, provided at least 50%
of the lot is located in the commercial zoning district. If less than
50% of the lot is located in the commercial zoning district, the location
of the zoning boundary shall be determined by the use of the scale
appearing on the Zoning Map.
[Added 5-10-1994 by Ord. No. 1166]
(8)
Where a permitted nonresidential development in a
nonresidential zoning district owns contiguous land in a residential
zoning district, the nonresidential development shall be permitted
to locate stormwater management facilities in the residential zoning
district. The location of the stormwater management facilities shall
be set back a minimum of 30 feet from any abutting residential property
line and a combination of fencing and landscaping shall be provided
around the basin as deemed appropriate by the reviewing Board. This
subsection shall not apply to the Pinelands Areas of the Township.
[Added 6-12-2007 by Ord. No. 1700]
(9)
Where a permitted nonresidential development in the
HC-1 or HC-2 Zoning District owns contiguous land in a rural zoning
district (excluding the R5-C District), the nonresidential development
shall be permitted to locate stormwater management facilities in the
rural zoning district. The location of the stormwater management facilities
shall be set back a minimum of 30 feet from any abutting residential
property line and a combination of fencing and landscaping shall be
provided around the basin as deemed appropriate by the reviewing Board.
[Added 6-12-2007 by Ord. No. 1700]
A.
Undersized lots.
[Amended 9-9-1986 by Ord. No. 828]
(1)
Any parcel of land outside the Pinelands Area with
an area or width less than that prescribed for a lot in the district
in which such lot is located, which parcel was under one ownership
at the date of the adoption of this chapter, and the owner thereof
owns no adjoining land, may be used as a lot for any purpose permitted
in the district, provided that all other regulations prescribed for
the district by this chapter are complied with, and further provided
that no lot of less than 7,500 square feet in area or less than 50
feet of frontage shall be so used.
B.
Front yard setback standards.
[Amended 11-3-1980 by Ord. No. 646; 9-9-1986 by Ord. No. 828; 5-28-1996 by Ord. No. 1245]
(1)
The front yard setback standards are shown on Tables
1 and 2 at the end of this chapter.
(2)
In the turnaround of a cul-de-sac, the building setback
shall be the line or arc by which the lot width is a minimum of 70
feet. In no case shall the building setback exceed 50 feet.
(3)
In the case of a corner lot in a residential district
or for a residential use, the front yard setback for a secondary front
yard may be decreased a distance of 25% of the required front yard
setback with the following exceptions:
(b)
If a driveway is located in a secondary front
yard, then a reduced front yard setback shall not be permitted for
the secondary front yard.
(d)
In the R and R-1 Zoning Districts, a secondary
front yard setback may be reduced to 20 feet on lots that have a lot
width of 70 feet or less.
[1]
Editor's Note: This ordinance also provided
for the redesignation of former Subsection B(3) as Subsection B(4).
D.
Lot width.
[Amended 11-3-1980 by Ord. No. 646; 8-11-1987 by Ord. No. 867; 5-28-1996 by Ord. No. 1245]
E.
Height.
[Amended 9-9-1986 by Ord. No. 828; 5-28-1996 by Ord. No. 1245; 10-22-1996 by Ord. No.
1262]
(1)
The maximum permitted height for all structures in
any district shall be 35 feet, including radio and television transmission
and other communication facilities that are not accessory to an otherwise
permitted use.
(2)
The height limitation in Subsection E(1) above shall not apply to antennas which do not exceed a height of 200 feet and which are accessory to an otherwise permitted use, silos, barns and other agricultural structures, church spires, cupolas, domes, monuments, water towers, fire observation towers, electric transmission lines and supporting structures, windmills, smokestacks, derricks, conveyors, flag poles and masts, or aerials, solar energy facilities, chimneys and similar structures to be placed above the roof level and not intended for human occupancy. The provisions of Subsection E(1) above shall not apply to prevent the erection above the building height limit of a parapet wall or cornice for ornament (and without windows) extending above such height not more than five feet.
(3)
With the exception of the PA, FA, RD, AG, RC, VR and VC District and that portion of the HC-2 District located in the Pinelands Village of Pomona, public and quasi-public buildings, schools, churches and other similar permitted uses may exceed the height limitations of Subsection E(1) above, provided that such uses shall increase the front, rear and each side yard one foot for each foot by which such building exceeds the height limit herein established for such district in which it is located, and further provided that in no case shall any building have a height greater than 50 feet.
(4)
Nonresidential development located in commercial and
industrial zoning districts shall be permitted a maximum height of
150 feet, provided that the Galloway Township Fire Chief finds that
the building and site design provide safe and adequate access for
fire-fighting equipment. This shall apply specifically in the Pinelands
Areas, including TI, HC-1, I, IRD, PO, GI and in that portion of the
HC-2 District located outside the Pinelands Village of Pomona; and
in Non-Pinelands Areas, including CC, LID, CH, PO and CVC Districts.
This provision shall not apply to overlay zone development.
F.
Flag lots. In a minor subdivision, one lot may be
permitted which fails to meet the minimum lot width requirements for
conventional residential development, provided that:
[Added 7-8-1986 by Ord. No. 836[2]]
(1)
An accessway to the street is provided, being at least
25 feet in width.
(2)
Only one lot of insufficient width is permitted, and
such lots shall have at least three times the minimum lot area, twice
the yard setbacks and a fifty-foot front yard measured from the rear
yard of the lot on the street.
(3)
All lots other than the flag lot shall have a minimum
lot width of 100 feet.
[2]
Editor's Note: This ordinance also repealed
original § 54-7E(4), added 7-6-1982 by Ord. No. 700, which
permitted one lot which does not meet the minimum lot width requirements.
G.
Access to structures. In order to provide for proper
emergency access to structures for fire, police and other emergency
vehicles, any application for development shall provide the following:
[Added 8-11-1987 by Ord. No. 867]
(1)
An open and clear driveway or access lane for a minimum
of 12 feet horizontal and 12 feet vertical clearance to within 25
feet of any principal building.
(2)
Said access shall be maintained clear of any obstructions
or vegetative growth.
(3)
During and after construction of structures there
must be maintained a Fire Department access road constructed of an
approved surface material capable of providing emergency access at
all times, with a minimum of 18 feet of unobstructed driveway access
from said structure to the main roadway and a minimum vertical clearance
of 13 1/2 feet. The Fire Official may require and designate public
or private fire lanes as deemed necessary for the efficient and effective
operation of fire apparatus.
[Added 2-27-2007 by Ord. No. 1679]
J.
Residential Development in R5 District.
[Added 7-14-2015 by Ord.
No. 1913-2015]
(1)
Any existing developed residential lot located on Robin Lane, Harvard
Terrace, Rutgers Court and Lisa Drive in the R5 Zoning District may
be expanded as an existing single-family dwelling unit by way of an
addition or permitted accessory structure without a hearing before
the Zoning Board of Adjustment if the expansion conforms with the
following requirements:
(a)
Minimum front yard setback: 50 feet.
(b)
Minimum side yard setback: 15 feet.
(c)
Minimum rear yard setback: 30 feet.
(d)
Maximum lot coverage: 30%.
(f)
This shall not apply to any new residential development on a
vacant or subdivided lot located on Robin Lane, Harvard Terrace, Rutgers
Court and Lisa Drive.
(g)
The expansion of buildings or structures which do not meet these
criteria shall require an application for variance relief before the
Zoning Board of Adjustment.
K.
Setback exceptions for handicap/wheelchair ramps on residential properties.
The Zoning Officer may authorize installation of a handicap/wheelchair
ramp within a required setback in accordance with the following criteria:
[Added 12-12-2017 by Ord.
No. 1981-2017]
(1)
The
applicant has submitted a letter from a licensed physician specifying
that the handicap/wheelchair ramp is necessary to accommodate a resident
of the property.
(2)
The
handicap/wheelchair ramp shall be designed so as to encroach into
the required setback the minimum distance feasible. In no case shall
the ramp be closer than two feet from a property line unless in the
opinion of the Zoning Officer there is no other feasible alternative
to the location of the ramp.
(3)
The
handicap/wheelchair ramp shall not encroach into any recorded easement
or into the public right-of-way.
(4)
The
encroachment into the required setback shall be removed when the individual
requiring the handicap/wheelchair ramp no longer resides on the property
or the ramp is no longer required.
[Added 5-8-2001 by Ord. No. 1466]
A.
Authorization. Except as otherwise expressly provided
or limited in this section, accessory structures and uses are permitted
in any zoning district in connection with any principal use lawfully
existing within such district. Any question of whether a particular
use is permitted as an accessory use by the provisions of this section
shall be determined by the Land Use Administrator and/or Township
Planner pursuant to his authority to interpret the provisions of this
chapter.
B.
Definitions. An "accessory structure" or use is a
structure or use which:
(1)
Is subordinate to and serves a principal use.
(2)
Is subordinate in area, extent and purpose to the
principal structure or principal use served.
(3)
Contributes to the comfort, convenience or necessity
of the occupants, business or industry of the principal structure
or principal use served.
(4)
Is located on the same lot as the principal structure
or principal use served.
C.
Zoning permit is required. No accessory use or structure
shall be established or constructed unless a zoning permit evidencing
the compliance of such use or structure with the provisions of this
section and other applicable provisions of this chapter shall have
first been issued. The exceptions to this provision are structures
that do not require a building permit, and any structure or use requiring
site plan approval.
D.
Use limitations. In addition to all of the use limitations
applicable in the district in which it is located, no accessory use
shall be permitted unless it complies with the following restrictions:
(1)
No sign, except as expressly authorized by this section or by § 233-10, shall be maintained in connection with an accessory use.
(2)
No accessory structure or use shall be constructed
or established on any lot prior to the time of the substantial completion
of the principal structure to which it is accessory. Agricultural
uses are exempt from this provision.
E.
Permitted accessory structures and uses. Accessory structures and uses include all structures and uses which comply with the standards of Subsections A through D of this section and in particular may, when such standards and requirements are met, include but are not necessarily limited to the following list of examples:
(1)
Private residential detached garages and parking lots
and parking areas, together with related circulation elements.
(2)
Private customer and employee garages and parking
lots and parking areas, together with related circulation elements.
(3)
Storage sheds or buildings.
(4)
Swimming pools, aboveground and in-ground. The setback
is measured from the edge of the water area of the pool.
(5)
Pool house and cabana, incidental to a pool.
(6)
Tennis/basketball courts accessory to a residential
building and limited to use by the occupants thereof and their guests.
(7)
Children's play equipment and playhouses.
(8)
Farm structures, including barns, pole barns, stables,
chicken coops and dog runs. Any structure to be used for the purpose
of housing animals must be located in the rear yard and be a minimum
of 30 feet from property lines.
(9)
Greenhouses, gazebos and conservatories.
(10)
Trash enclosures/dumpsters.
(11)
Fences and walls. Fences and walls are exempt setback
requirements for accessory uses. The following standards shall apply:
(a)
No fence or wall can exceed a height of six
feet and maintain clear site.
(b)
No fence can be located within a dedicated right-of-way.
(c)
On a corner lot any fence or wall within the sight triangle required by § 233-40 of this chapter shall have a maximum height of 30 inches.
(d)
Concertina or barbed wire fences are not permitted
except as part of an agricultural or governmental use and public utilities.
(e)
Electrical fences used for agricultural purposes
must post warnings at least every 100 feet on the fence, where the
public could have access to such fence. The minimum required height
for electrical fences is two feet above grade. In accordance with
the "recommended guidelines for home animal agriculture in residential
areas" as published by Rutgers University, electric fences may be
used for interior partition fences, but not for exterior fences.
F.
Space, bulk, area and yard requirements.
(1)
In all residential districts all accessory structures
must maintain a fifteen-foot rear and side yard setback, and no accessory
structure shall be located in the front yard. In planned unit developments
(PUD's), storage sheds may be located five feet from the property
line for interior lots and 15 feet from a property line when the property
line is coexistence with a street line for corner lots. In all districts,
storage sheds less than 100 square feet in size may be located a distance
of five feet from the property line for interior lots and 15 feet
from a property line when the property line is coexistent with a street
line for corner lots.
(2)
In commercial districts all accessory structures and
uses except in interior circulation and parking lots must meet the
same setbacks required for principal structures, unless otherwise
specified. For parking lots and interior circulation lanes, a front
yard setback of at least 25 feet must be maintained. This area must
be landscaped to the satisfaction of the Township Planner.
(3)
Undersized lots. In the NR and RC Districts, where an existing single-family
dwelling unit is located on an undersized lot of less than one acre
and greater than 7,500 square feet, the setbacks for accessory structures
may be reduced as follows:
[Added 7-14-2015 by Ord.
No. 1913-2015]
(a)
Storage sheds of 100 square feet or less in size may be located
three feet from a side or rear property line.
(b)
Accessory structures [except farm structures; see § 233-8E(8) above] greater than 100 square feet in size, not exceeding 200 square feet in size, may be located five feet from a side or rear property line.
(c)
All other accessory structures [except farm structures; see § 233-8E(8) above] over 200 square feet in size shall maintain a fifteen-foot side and rear yard setback.
(d)
Pools shall be 10 feet from the side or rear property line.
(e)
Accessory structures shall not be located in a front yard.
G.
Space, bulk, area and yard requirements in the Pinelands
Area.
(1)
In the R and R-1 Zoning Districts, accessory structures
must maintain a five-foot setback from the rear and side yard property
lines for interior lots and 12 feet from a property line when the
property line is coexistence with a street line for corner lots. Pools
must be 10 feet from property lines for interior lots and 12 feet
from a property line when the property line is coexistence with a
street line for corner lots. Storage sheds less than 100 square feet
in size may be located a distance of three feet from the property
line for interior lots and 12 feet from the property line when a property
line is coexistent with a street line for corner lots. No accessory
structure may be located in the front yard.
(2)
In the VR and TR Zoning Districts:
[Amended 7-14-2015 by Ord. No. 1913-2015]
(a)
Accessory structures [except farm structures; see § 233-8E(8) above] not exceeding 200 square feet in size may be located five feet from a side or rear property line and 15 feet from a property line when the property line is coexistent with a street line for corner lots.
(b)
All other accessory structures [except farm structures; see § 233-8E(8) above] over 200 square feet in size shall maintain a fifteen-foot side and rear yard setback.
(c)
Pools shall be 10 feet from the side or rear property line and
15 feet from a property line when the property line is coexistent
with a street line for corner lots.
(d)
Accessory structures shall not be located in a front yard.
(3)
In all other residential and agricultural districts, accessory structures
must maintain a fifteen-foot rear and side yard setback from the property
lines for interior lots and 30 feet from a property line when the
property line is coexistent with a street line for corner lots. No
accessory structure may be located in the front yard, with the exception
of gazebos, which may be located in the front yard where the required
front yard setback is 200 feet.
[Added 7-14-2015 by Ord.
No. 1913-2015[1]]
[1]
Editor's Note: This ordinance also renumbered former Subsection
G(3) as Subsection G(4).
(4)
In all commercial districts accessory structures and
uses, except interior circulation and parking lots, must meet the
same setbacks required for principal structures, unless otherwise
specified. For parking lots and interior circulation lanes, a front
yard setback of at least 25 feet must be maintained. This area must
be landscaped to the satisfaction of the Township Planner.
H.
Small wind energy systems and solar energy systems.
[Added 4-22-2008 by Ord. No. 1754]
(1)
The primary purpose of a wind or solar energy system
will be to provide power for the principal use of the property whereon
said system 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 wind or solar energy system designed to meet the energy
needs of the principal use. For the purposes of this subsection, the
sale of excess power shall be limited so that in no event an energy
system is generating more energy for sale than what is otherwise necessary
to power the principal use on the property.
(2)
Wind and solar energy systems shall only be permitted
as an accessory use on the same lot as the principal use. All energy
systems require approval from the Zoning Officer and Construction
Office prior to installation. Applications for an energy system shall
include information demonstrating compliance with the provisions of
this subsection. In the event that the Zoning Officer or Construction
Office does not believe the provisions of this subsection will be
satisfied, an applicant may request a variance.
(3)
All applications for wind energy systems shall be
presented to the Development Review Committee for administrative approval.
(4)
Small wind energy systems.
(a)
Wind turbines are permitted in all residential,
agricultural, forest and preservation districts subject to the following
requirements:
[1]
Minimum lot size: one acre, provided the lot
size conforms to the height requirements below.
[2]
Minimum setbacks. All wind turbines shall be
set back from all property lines a distance equal to 100% of the height
of the structure including the blades.
[3]
Wind turbines shall not be permitted in any
front yard.
[4]
Maximum height. Freestanding wind turbines shall
not exceed a height of 80 feet on lots between one acre and three
acres. On lots of three acres or more, a maximum height of 150 feet
is permitted. The maximum height shall include the height of the blades
at its highest point.
[5]
No more than one wind turbine shall be permitted
per property.
[6]
Wind turbines shall not be permitted as a rooftop
installation.
[7]
Wind turbines on residential properties shall
have a nameplate capacity of 10 kilowatts or less.
(b)
Wind turbines shall be permitted in a nonresidential
zoning district subject to the bulk requirements for that district
and the following:
[1]
The maximum height for a wind turbine shall
not exceed 150 feet, including the height of the blades at its highest
point.
[2]
Minimum setbacks. All wind turbines shall be
set back from all property lines a distance equal to 100% of the height
of the structure including the blades.
[3]
Wind turbines shall not be permitted in a front
yard.
[4]
No more than one wind turbine shall be permitted
per property.
[5]
Wind turbines shall not be permitted as a rooftop
installation.
(c)
Noise. All wind energy systems shall comply
with the following:
[1]
Between a residential use or zone sound levels
of the wind energy system shall not exceed 55 dBA at a common property
line or 50 dBA to the closest occupied structure.
[2]
In all other cases at a common property line
sound levels of the wind energy system shall not exceed 65 dBA.
[3]
These levels may be exceeded during short-term
events such as utility outages and/or severe windstorms.
(d)
Wind turbines shall be designed with an automatic
brake or other similar device to prevent overspeeding and excessive
pressure on the tower structure.
(e)
Wind energy systems shall not be artificially
lighted, except to the extent required by the FAA or other applicable
authority.
(f)
All ground-mounted electrical and control equipment
shall be labeled and secured to prevent unauthorized access.
(g)
The tower shall be designed and installed so
as not to provide step bolts, a ladder, or other publicly accessible
means of climbing the tower for a minimum height of eight feet above
the ground.
(h)
All moving parts of the wind energy system shall
be a minimum of 10 feet above ground level.
(i)
The blades on the wind energy system shall be
constructed of a corrosive-resistant material.
(j)
All guy wires or any part of the wind energy
system shall be located on the same lot as the energy system.
(5)
Solar energy systems.
(a)
Solar panels shall be permitted as a rooftop
installation in any zoning district. The solar panels shall not exceed
a height of eight inches from the rooftop. In no event shall the placement
of the solar panels result in a total height including building and
panels than what is permitted in the zoning district which they are
located for the principal building.
(b)
Solar panels shall be permitted as ground arrays
in accordance with the following:
[1]
All ground arrays shall be set back a distance
of 20 feet from all property lines in a residential zoning district
or in conformance with the bulk standards for accessory structures
in commercial districts as provided herein.
[2]
Ground arrays shall not be permitted in a front
yard.
[3]
Ground arrays shall be located so that any glare
is directed away from an adjoining property.
[4]
Ground arrays shall not exceed a height of 15
feet.
(6)
Wind and solar energy systems shall not be used for
displaying any advertising except for reasonable identification of
the manufacturer or operator of the system. In no case shall any identification
be visible from a property line.
(7)
The design of wind or solar energy systems shall,
to the extent reasonably possible, use materials, colors, textures,
screening and landscaping that will blend the facility into the natural
setting and existing environment.
(8)
All applications for a wind or solar energy system shall conform to the provisions of § 233-52 with respect to tree removal. For the purposes of this section, tree removal shall be permitted as exempted under § 233-52E(3) and (4). Any trees to be removed in excess of that permitted under the exemptions of the tree removal and protection ordinance shall be accompanied by a plan demonstrating the need to remove the trees and replacement of the trees in accordance with the provisions of § 233-52G of this chapter. An applicant shall locate a wind or solar energy system so that tree removal is not required to the extent practical.
(9)
The installation of a wind or solar energy system
shall conform to the National Electric Code as adopted by the NJ Department
of Community Affairs.
(10)
The installation of a wind or solar energy system
is subject to all Atlantic City Electric Company requirements for
interconnection.
(11)
The provisions of § 233-7E shall not apply to wind and solar energy systems with regard to height. Wind and solar energy systems shall conform to the height restrictions provided in this subsection.
(12)
Abandonment.
(a)
A small wind energy system or solar energy system
that is out of service for a continuous twelve-month period will be
deemed to have been abandoned.
(b)
The Zoning Officer may issue a notice of abandonment
to the owner. The notice shall be sent via regular and certified mail,
return receipt requested, to the owner of record.
(c)
Any abandoned system shall be removed at the
owner's sole expense within six months after the owner receives the
notice of abandonment from the municipality. If the system is not
removed within six months of receipt of notice from the Township notifying
the owner of such abandonment, the Township may remove the system
as set forth below.
(d)
When an owner of a wind or solar energy system
has been notified to remove same and has not done so six months after
receiving said notice, then the Township may remove such system and
place a lien upon the property for the cost of the removal. If removed
by the owner, a demolition permit shall be obtained and the facility
shall be removed. Upon removal, the site shall be cleaned, restored
and revegetated to blend with the existing surrounding vegetation
at the time of abandonment.
I.
Home professional office.
[Added 6-25-2013 by Ord. No. 1873]
(1)
A zoning permit is required for the initial establishment of the home professional office in accordance with § 233-8C above.
(2)
No
more than one home professional office shall be permitted per residential
dwelling unit.
(3)
No
more than 10% of the dwelling unit and accessory structures or 500
square feet, whichever is less, may be devoted to the home professional
office.
(4)
The
home professional office must be carried out indoors without any outdoor
storage.
(5)
The
residential appearance of the structure shall not be altered as a
result of the home professional office.
(6)
Noise,
glare, fumes, odors, or electrical interferences are prohibited.
(7)
Not
more than one client is permitted on the premises at any one time.
Clients are permitted to visit the residential unit for those professions
that include professional services. A home professional office shall
not include retail sales.
(8)
Deliveries
and pickups by tractor-trailers are prohibited. All deliveries shall
occur by standard residential UPS, FedEx or other similar service.
(9)
The
home professional office shall not have employees working at the dwelling
unit, with the exception of members of the family living in the dwelling
unit.
(10)
No
commercial vehicles shall be stored on site, with the exception of
the vehicle utilized by the resident of the dwelling unit. The storage
and/or parking of commercial vehicles with more than two axels is
prohibited.
(11)
Automotive
or vehicular repair of any kind is specifically prohibited, including
maintaining of vehicles associated with the home occupation.
The following uses and activities are specifically
prohibited in any and all districts:
A.
Junkyards or automobile wrecking yards.
B.
The sorting or bailing of scrap metal, paper, rags
or other scrap material on sites of more than 5,000 square feet.
D.
A trailer, bus, bus body, truck, truck body, van,
railroad car, tractor or trailer body used as a dwelling or placed
on a permanent foundation or pier, except:
(1)
As part of a licensed trailer park.
(2)
A trailer used for dwelling purposes by the owner
of the trailer for a temporary dwelling while undertaking the building
of a home on a plot of land owned by said trailer owner; provided,
however, that the owner secures a building permit and completes the
building of such permanent home within 12 months from the day during
which the trailer was installed on such premises; and further provided
that the owner complies with all health and safety laws as provided
under the state laws of the State of New Jersey and/or laws of the
Township of Galloway; and further provided that, after such permanent
home shall have been completed in accordance with all plans and specifications
as filed with the Township, the person or persons using such trailer
for temporary dwelling purposes shall immediately cease to so use
the trailer. A temporary certificate shall be issued with the building
permit by the Code Enforcement Officer for a duration of 12 months.
(3)
For purposes of repairing or storing a trailer, in
which case, if the said trailer is to be parked on any street or any
premises within the Township of Galloway, for any period exceeding
48 hours, other than in a licensed location, the owner of such trailer
shall obtain a permit therefor from the Township of Galloway; provided,
however, that travel trailers may be stored but not occupied on the
property of the trailer owner without requiring a permit. Such permit
shall be granted upon request, without fee, and shall be valid for
a period of time as the Township shall deem feasible.
E.
Dog kennels, except as may be specifically permitted
and provided for in a particular district.
[Added 12-22-1987 by Ord. No. 882]
[Amended 9-9-1986 by Ord. No. 828; 6-22-1993 by Ord. No. 1127]
A.
Purpose. The purposes of these sign regulations are
to encourage the effective use of signs as a means of communication
in the Township; to maintain and enhance the aesthetic environment
and the Township's ability to attract sources of economic development
and growth; to improve pedestrian and traffic safety; to minimize
the possible adverse effect of signs on nearby public and private
property; and to enable the fair and consistent enforcement of these
sign restrictions. This section is adopted in furtherance of the more
general purpose set forth in this chapter.
B.
Prohibited signs in Pinelands Area.
(1)
No sign, other than warning or safety signs, which
is designed or intended to attract attention by sudden, intermittent
or rhythmic movement or physical or lighting change shall be permitted
in the Pinelands Area.
(2)
No sign, other than warning or safety signs, which
changes physical position by any movement or rotation or which gives
the visual impression of such movement or rotation shall be permitted
in the Pinelands Area.
(3)
No outdoor, off-site commercial advertising sign shall
be permitted in the Pinelands Area, except that:
(a)
Existing lawful off-site commercial advertising
signs, in existence as of January 14, 1981, shall be permitted in
the Regional Growth Districts and Pinelands Town Districts. Such signs
shall also be permitted in the RCR and VC Districts, and in that portion
of the HC-2 District located in the Pinelands Village of Pomona, provided
the signs are located on a US highway within 1,000 feet of a Pinelands
Regional Growth Area or Pinelands Town; and
(b)
Signs advertising agricultural commercial establishments
shall be permitted, provided that:
[1]
No more than two signs shall be placed in any
one direction along each road directly approaching the establishment;
and
[2]
No sign along a four-lane state or federal highway
shall exceed 50 square feet in area, and no sign along any other road
shall exceed 32 square feet in area.
[Amended 6-10-1997 by Ord. No. 1302]
(5)
To the maximum extent practical, the character and
composition of construction materials for all signs shall be harmonious
with the scenic values of the Pinelands.
C.
Permitted signs. The following signs are permitted,
subject to Planning Board approval as part of the site plan, planned
development or subdivision review:
(1)
Official public safety and information signs displaying
road names, numbers and safety directions.
(2)
On-site identification signs for schools, churches,
hospitals or similar public service institutions; and parks and playgrounds,
public golf courses, farms, nurseries and public utility structures,
provided that:
(a)
The size of such sign shall not exceed 24 square feet where
the facility is located within an agricultural, residential or institutional
zoning district. In all nonresidential districts, the size of the
sign shall conform to the maximum area for business signs as provided
for herein.
[Amended 10-10-2017 by Ord. No. 1971-2017]
(b)
Not more than one such sign shall be placed
on any property, unless such property fronts on more than one street,
in which case one such sign may be erected on each street frontage.
(c)
Electronic message center (EMC) signs are permitted for schools,
churches, hospitals or similar public service institutions, parks
and playgrounds and public golf courses in accordance with the following:
[Added 10-10-2017 by Ord.
No. 1971-2017]
(3)
Trespassing signs or signs indicating the private
nature of a road, driveway or premises and signs prohibiting or otherwise
controlling fishing or hunting, provided that the size of such sign
does not exceed 12 square feet.
(4)
On-site home occupation or name signs indicating the
activity and/or name of the occupant of the dwelling, provided that
the size of any such sign shall not exceed two square feet and no
more than one sign is permitted for any individual parcel of land.
(5)
On-site signs advertising the sale, lease or rental
of the property on which such signs are located, provided that:
(a)
The size of such sign shall not exceed eight
square feet in residential districts and 16 square feet in commercial
district.
(b)
Not more than one sign shall be erected for
any one property.
(c)
Such sign shall be removed within one week of
settlement of the sale or consummation of the lease or rental.
(d)
Such sign shall be set back 10 feet from the
right-of-way.
(6)
Temporary signs of contractors, builders, mechanics
and artisans, provided that:
(7)
Temporary real estate signs pertaining to the sale
of homes and home sites within a development and to sponsors and/or
supporting agencies for publicly funded projects, provided that:
(a)
The size of such sign shall not exceed 40 square
feet.
(b)
Such sign shall be located within the boundaries
of such development.
(c)
Not more than one such sign shall be placed
within any such development, unless the development fronts on more
than one street, in which case one such sign may be erected on each
street frontage.
(8)
Identification signs for permitted professional offices,
provided that:
(a)
Signs shall identify only occupants of the subject
property and shall not be permitted to advertise activities off-site.
(b)
The size of a sign shall not exceed two square
feet in residential districts unless a larger sign is permitted by
other regulation contained within this section.
(c)
One freestanding ground sign shall be permitted
which shall not exceed an area of one square foot for each one foot
in width measured along the lot frontage (as defined in this section).
Such sign may have two sides; however, the combined area may not exceed
the total permitted area for the ground sign. The sign shall be set
back a minimum of 14 feet from a street line and shall be located
so as not to obstruct vision of motorists. Total height of the sign
shall not exceed 12 feet.
(d)
One wall sign shall be permitted for each occupant
of the building. The total area of all signs placed on the building
shall not exceed one square foot for each one foot in building width.
Signs shall not project beyond the building more than 18 inches. A
wall sign shall not extend above the roof line.
(f)
An EMC sign copy area is permitted on the primary freestanding
sign for business properties with frontage along the White Horse Pike
in accordance with the following:
[Added 10-10-2017 by Ord.
No. 1971-2017]
[1]
In Pinelands areas, EMC signs are only permitted in Regional
Growth Areas, Pinelands Villages or Pinelands Towns.
[2]
A maximum of 40 square feet is permitted for the EMC portion
of the sign. The total sign area shall conform with the total allowable
sign area herein for the use and district where the property is located.
(9)
Project identification signs for residential developments,
provided that:
(a)
The size of such sign shall not exceed 16 square
feet in area and six feet in height.
(b)
Such sign shall be located at least 20 feet
from any property line.
(c)
Such sign shall not contain information other
than the name of the project, the street address and the presence
or lack of vacant units.
(d)
Each building in a multifamily development shall
prominently display building numbers.
(10)
Business identification signs, provided that:
(a)
Signs shall identify only occupants of the subject
property and shall not be permitted to advertise activities off-site.
Such sign shall be erected only on such premises on which the use
to which the sign relates is conducted.
(b)
One freestanding ground sign shall be permitted
which shall not exceed a total area of one square foot for each one
foot in width of lot frontage (as defined by this section). Such sign
may have two sides; however, the combined area may not exceed the
total permitted area for the ground sign. The sign shall be set back
a minimum of 14 feet from a street line and shall be located so as
not to obstruct vision of motorists. Total height of the sign shall
not exceed the height of the principal building on the lot.
(c)
One wall sign shall be permitted for each occupant
of the building. The total area of all signs placed on the building
shall not exceed one square foot for each one foot in building width.
Signs shall not project beyond the building more than 18 inches. A
wall sign shall not extend above the roof line.
(e)
Signs located in the CVC District shall have a maximum height
of 20 feet. Signs located in the PO or PRO District shall have a maximum
height of 12 feet.
[Added 10-10-2017 by Ord.
No. 1971-2017]
(f)
An EMC sign copy area is permitted on the primary freestanding
sign for business properties with frontage along the White Horse Pike
in accordance with the following:
[Added 10-10-2017 by Ord.
No. 1971-2017]
[1]
In Pinelands areas, EMC signs are only permitted in Regional
Growth Areas, Pinelands Villages or Pinelands Towns.
[2]
A maximum of 40 square feet is permitted for the EMC portion
of the sign. The total sign area shall conform with the total allowable
sign area herein for the use and district where the property is located.
(11)
Shopping center or industrial park identification
signs, provided that:
(a)
The size of such sign shall not exceed 400 square
feet, and the area on any one side shall not exceed 200 square feet.
(b)
No more than one such sign shall be erected
for each 25 acres within the shopping center or industrial park.
(c)
Such signs shall be located at least 25 feet
from any public street or driveway and at least 100 feet from any
residential property.
(d)
Such sign shall be erected only on such premises
on which the use to which the sign relates is conducted.
(e)
Freestanding signs shall not exceed the height of the building
on the subject property or 25 feet, whichever is less.
[Added 10-10-2017 by Ord.
No. 1971-2017]
(g)
Facade signs are permitted for each tenant within the shopping
center. The maximum sign area permitted for each tenant shall be equal
to 10% of the total facade area devoted to the use.
[Added 10-10-2017 by Ord.
No. 1971-2017]
(h)
An EMC sign copy area is permitted on the primary freestanding
sign for properties with frontage along the White Horse Pike in accordance
with the following:
[Added 10-10-2017 by Ord.
No. 1971-2017]
[1]
In Pinelands areas, EMC signs are only permitted in Regional
Growth Areas, Pinelands Villages or Pinelands Towns.
[2]
A maximum of 40 square feet is permitted for the EMC portion
of the sign. The total sign area shall conform with the total allowable
sign area herein for the use and district where the property is located.
(12)
Directional signs (entrance), provided that:
(a)
Only one freestanding sign may be erected at
each driveway which provides a means of ingress for the off-street
parking facilities on the premises.
(b)
Such signs shall relate only the name of the
use or facility and appropriate traffic instructions, shall not exceed
10 square feet in area for each of two faces and shall be mounted
so as not to obstruct vision between a height of three feet and seven
feet above the ground. Total height of the sign shall not exceed 11
feet above the ground.
(c)
In such cases as directional signs (ingress)
are located within a buffer area, said signs shall not exceed 15 square
feet for each of the two faces.
(13)
Directional signs (exit), provided that:
(a)
Such signs shall not exceed 10 square feet in
area, shall not obstruct vision between a height of three feet and
seven feet above the ground. Total height of the sign shall not exceed
11 feet above the ground.
(b)
Not more than one such sign shall be erected
in conjunction with each driveway which provides egress from the premises,
which is located within the required buffer area.
(14)
Traffic control signs for interior roadways,
provided that such signs shall not exceed four square feet in area
and six feet in height.
(15)
Parking lot signs, provided that:
(a)
Not more than one such sign shall be permitted
for each 40,000 square feet of parking area.
(b)
Such signs shall not exceed an area of three
square feet on each of four faces nor exceed a height of 20 feet.
(c)
Freestanding signs may be erected at each end
of the parking aisle for identification purposes, provided that such
signs shall not exceed one square foot in area nor exceed a height
of 11 feet.
(d)
All of the above-described signs must be mounted
so as not to obstruct vision between a height of three feet and seven
feet above the ground.
(17)
Pennants, banners, spinners, valances or the
like shall be permitted for a thirty-day period, provided that the
same are constructed, hung and/or exhibited in a secure and otherwise
safe and workmanlike manner in accordance with rules and regulations
to be established by the Code Enforcement Officer. This category of
signs is prohibited in the Pinelands Areas.
D.
Off-site commercial advertising signs.
(1)
No new off-site commercial advertising sign shall
be constructed at any location unless conditional use approval has
first been obtained, and then only in accordance with the conditional
use standards and limitations of this subsection.
(2)
Off-site commercial advertising signs shall only be
acceptable along US Route 30, east of the Garden State Parkway on
land zoned for commercial use. There shall be no other commercial
improvements located on the property.
(3)
No new off-site commercial advertising sign shall
be located within 1,000 feet of any lot that is used or may be used
for residential purposes.
(4)
No new off-site commercial advertising sign shall
be located within 1,000 feet of any lot line of a designated landmark
or landmark site, school, church, park, library or similar institution,
or within 300 feet of wetlands.
(5)
No new off-site commercial advertising sign shall
be located within 1,000 feet of any other off-site commercial advertising
sign structure.
(6)
The maximum area of an off-site commercial advertising
sign shall be 700 square feet per sign face. The maximum height shall
be 20 feet above grade.
(7)
An off-site commercial advertising sign shall comply
with the Roadside Sign Control and Outdoor Advertising regulations
administered by New Jersey Department of Transportation.
E.
Political or civic signs.
(1)
Temporary signs advertising political parties or candidates
for election, provided that the size of any such sign does not exceed
32 square feet.
(2)
Temporary on- or off-site signs advertising civic,
social or political gatherings and activities, provided that the size
of such signs does not exceed four square feet.
(3)
Political or civic signs shall not be erected more
than 45 days prior to an event and shall be removed within 10 days
following an event.
F.
Seasonal signs.
(1)
Temporary signs identifying seasonal sales of products
or goods may be installed on private property, provided the owner
has authorized the installation and the size of the sign does not
exceed 10 square feet.
(2)
Seasonal signs shall not be erected more than 45 days
prior to an event and shall be removed within 10 days following an
event.
G.
Sign standards.
(1)
No sign shall project over any sidewalk, nor shall
any sign extend beyond any property line.
(2)
No sign shall be erected in such a manner as to obstruct
free and clear vision on any street, nor to interfere with, obstruct
the view of or be confused with any traffic sign, signal or device.
(3)
No sign shall be affixed by tacking, pasting or otherwise
mounting upon utility poles, light standards, trees or any part of
official traffic signs or other signs required by law, except for
political signs or posters publicizing events sponsored by nonprofit
organizations, provided that they are removed following the event
or election in question within the specified time period.
H.
In the Pinelands Preservation Area (PA) Zone, signs
shall be in accordance with N.J.A.C. 7:50-6.108.
[Added 2-22-1994 by Ord. No. 1157]
I.
Electronic message center (EMC) signs. Wherever EMC signs are permitted
in accordance with the above regulations, they shall conform to the
following standards:
[Added 10-10-2017 by Ord.
No. 1971-2017]
(1)
The EMC message shall be restricted to a minimum fixed message time
of eight seconds.
(2)
Changes from one message to another shall be accomplished by the
change of all illumination elements on the face of the sign simultaneously,
with the provision that the sign may fade to complete darkness and
then reilluminate with or fade to the new message.
(3)
No representation of images other than letters or numbers shall be
permitted.
(4)
All EMC signs shall have automatic dimming controls, via photo cell
or software settings, that adjust the light emitted by the sign during
ambient low-light conditions and night so that it is compliant with
the sign illumination standards allowed herein. White backgrounds
shall not be utilized between dusk and dawn.
(5)
All illuminated signs must comply with a maximum luminance level
of 750 cd/m2 or nits at least 1/2 hour
before apparent sunset as determined by the National Oceanic and Atmospheric
Administration (NOAA), United States Department of Commerce, for the
City's geographic location and date. All illuminated signs may resume
luminance levels appropriate for daylight conditions at the apparent
sunrise, as determined by the NOAA.
(6)
Prior to the issuance of a permit for a changeable-copy or EMC sign,
the applicant shall provide written certification from the sign manufacturer
that the light intensity has been factory preset not to exceed the
levels specified above.
(7)
The following EMC display features and functions are prohibited:
continuous scrolling and/or traveling, flashing, blinking, twinkling,
spinning, rotating, and similar moving effects.
(8)
All power to an EMC sign shall be supplied via underground carrier,
inside approved conduit and shall be installed in accordance with
the National Electric Code.
(9)
EMC signs shall be properly maintained so that inoperative or improperly
lighted bulbs do not impair the appearance and legibility of the sign.
When malfunctioning, all EMC signs must then be turned off or display
a blank screen.
(10)
Where residential uses are located within 200 feet of the property,
the sign shall be dimmed and remain steady from 11:00 p.m. through
6:00 a.m.
A.
Off-street automobile parking. Off-street automobile
parking space, with vehicular access to a street, shall be provided
on any lot on which any of the uses hereinafter enumerated are established
subsequent to the effective date of this chapter. For the purposes
of computing the number of parking spaces available in a given area,
one parking space shall be considered the equivalent of 180 unobstructed
square feet of space with a minimum width of nine feet. The following
are minimum requirements for specific uses:
(1)
Dwellings: two spaces for each dwelling unit.
(2)
Schools: two spaces for each staff member.
(3)
Churches, meeting rooms and public auditoriums: one
space for each four public seats or equivalent accommodation.
(4)
Other public buildings: one space for each 400 square
feet of gross floor area.
(5)
Public recreation areas and golf courses: two spaces
for each one acre devoted to such use.
(6)
Roadside stands: one space for each 200 square feet
of gross floor area, but in no case less than five spaces.
(7)
Professional offices: one space for each 200 square
feet of gross floor area devoted to such office use.
(8)
Retail business and services use: one space for each
200 square feet of gross floor area.
(9)
Restaurants: one space for each four public seats,
plus one space for each two employees.
(10)
Motels and hotels: one space for each room available
for overnight accommodation. Additional facilities such as restaurant
or auditorium shall require additional spaces as per this section.
(11)
Industrial plants: one space for each 200 square
feet of floor area other than warehouse or storage space.
B.
With sufficient documentation provided by the applicant
to prove to the Planning Board's satisfaction that fewer parking spaces
would be appropriate, the Planning Board may permit some of the required
spaces to remain unpaved.
C.
Parking areas are to be blacktopped unless alternative
materials are approved by the Planning Board.
D.
Landscaping. A minimum of one two-and-one-half-inch
caliper tree shall be provided for each eight parking spaces or portion
thereof. This requirement may be waived by the Planning Board in the
case of wooded tracts where sufficient trees are maintained.
A.
Prohibited uses. The following uses are prohibited in the stream corridors and freshwater wetlands of the Township: the dumping or storing of any human or animal wastes, junk, trash, scrap, oils, chemicals, metals or any hazardous material or any material that will alter the natural composition of soil and water; nor shall any use or activity in the stream corridors or freshwater wetlands of the Township be permitted which affects surface waters in a manner contrary to the provisions of the New Jersey Surface Water Standards Act (N.J.S.A. 7:9-4 et seq.). (See § 233-83A for additional requirements in the Pinelands Area.)
[Amended 9-9-1986 by Ord. No. 828]
B.
Permitted uses.
(1)
The following uses are permitted: agriculture, lumbering,
fishing, swimming, boating, hunting, picnicking, hiking trails, bicycle
paths, wildlife observation and environmental study posts and any
activity promoting the conservation of soil, vegetation, water, marine
and terrestrial species.
(2)
Any soil conservation practices in the stream corridors
and freshwater wetlands shall be supervised by the Cape-Atlantic Soil
Conservation District and shall conform to the Cape-Atlantic Soil
Conservation District specifications for the prevention of erosion
and sedimentation control.
(3)
Any commercial lumbering which occurs in the stream corridors and freshwater wetlands shall conform to sound management principles of the New Jersey Department of Environmental Protection, Bureau of Parks and Forests, and shall be supervised by the area forester. In the Pinelands Area the standards of § 233-83D shall apply.
[Amended 9-9-1986 by Ord. No. 828]
(4)
Application of fertilizer, pesticides. herbicides or fungicides shall conform to the Commercial Crop Production Recommendations for New Jersey as published yearly by Rutgers, the State University or as recommended by the Atlantic County Agricultural Agent. In the Pinelands Area the standards of § 233-83E shall apply.
[Amended 9-9-1986 by Ord. No. 828]
C.
Uses permitted by permit.
(1)
No building or structure shall be erected, placed
or enlarged, either above or below ground level, including septic
systems and cesspools, nor shall any material or equipment be stored,
nor shall any fill be placed, nor shall any vegetation be removed
except as hereinafter provided, nor shall the elevation of any lands
be changed in the stream corridors or freshwater wetlands of this
Township without an encroachment permit.
(2)
Application for an encroachment permit shall be submitted
to the Planning Board. The Environmental Commission shall review the
application and notify the Planning Board of its recommendations.
The Planning Board shall grant or deny a permit within 30 days of
receipt, failing in which the Code Enforcement Officer may grant or
deny a permit without further delay. The permit application must contain,
at minimum, the following information: location of the proposed encroachment;
description of the proposed encroachment, including a plot plan; a
purpose of proposed encroachment; and the appropriate fee. Applications
will duplicate the New Jersey State permit application if one is required.
[Added 12-7-1982 by Ord. No. 710]
Professional offices are permitted as a conditional
use on lots fronting on Route 9 and Route 30 where not otherwise a
permitted use, subject to the following conditions and standards.
It is the intent of this section to allow professional offices where
compatible with the traditional rural 19th Century residential character
of many existing buildings in such areas and to encourage the restoration
and continued use of existing older buildings in such areas. Any such
conditional use shall comply with the following conditions and standards:
A.
All such offices shall maintain a residential appearance
compatible in exterior building design and in site design with the
traditional rural 19th Century residential character of many existing
buildings along Route 9 and Route 30.
B.
A minimum lot area of 15,000 square feet, maximum
building coverage of 30% and minimum open space of 50% shall be required.
[Amended 6-12-2007 by Ord. No. 1705]
C.
A twenty-foot minimum natural or landscaped buffer
shall be provided to adequately separate and screen any such professional
office from adjoining uses. A landscaping plan prepared by a landscape
architect or qualified professional engineer or planner shall be submitted
and approved by the Board.
D.
Where practical, ingress and egress shall not be directly
from Route 9 or Route 30 but shall instead be from an adjoining street.
E.
All parking shall be located to the rear or side of
the site and adequately buffered so as to maintain the residential
appearance of the site.
F.
Signs are permitted in accordance with the following:
[Amended 6-12-2007 by Ord. No. 1705]
(1)
One freestanding sign and one wall sign per tenant
is permitted.
(2)
The maximum sign area for a freestanding sign shall
not exceed 40 square feet. No freestanding sign shall exceed eight
feet in height. All freestanding signs shall be located outside any
required sight triangle and shall be set back a minimum of 14 feet
from the front property line.
(3)
The maximum area for a single wall sign shall not
exceed 24 square feet.
(4)
Wall signs shall be proportional to the architectural
features of the building. All wall signs shall be designed to complement
the architectural features, and a unified color scheme shall be used
for all tenants. Wall signs shall not be placed on the roof.
(5)
Signs shall not be internally lit, and neon material
shall not be permitted. All signs shall be consistent with the building
design, and a unified color scheme shall be used.
(6)
All signs should be located within landscaped islands
to further enhance the residential character of the area.
G.
As a condition of the approval of the use of a site
as a professional office, the Board may limit the number of employees
and/or the gross floor area used when necessary to ensure compatibility
of the use.
H.
The application shall comply with all other applicable
zoning and site plan requirements to the extent not inconsistent herewith.
[Added 9-18-1984 by Ord. No. 774; amended 10-27-1987 by Ord. No. 878]
Neighborhood commercial uses are permitted as
a conditional use on lots fronting on Route 9, except in CV or floodplain
zones, where not otherwise a permitted use. Such commercial uses may
include gas stations, eating and drinking establishments and other
uses which are shown to meet neighborhood needs. It is the intent
of this section to allow neighborhood commercial uses, where compatible
with a traditional rural residential character of many existing buildings
in such areas, and to encourage the restoration and continued use
of the existing older buildings in such areas. Any such conditional
use shall comply with the following terms and conditions:
A.
All such uses shall maintain a residential appearance
compatible in exterior design and site design with the traditional
rural residential character of many existing buildings along Route
9.
B.
A minimum lot area of 35,000 square feet, maximum
building coverage of 30% and minimum open space of 50% shall be required.
[Amended 6-12-2007 by Ord. No. 1705]
C.
A twenty-five-foot natural or landscaped buffer may
be required to adequately separate and completely screen any such
use from adjoining uses. A landscaping plan, prepared by a landscape
architect or qualified professional engineer or planner, may be required
and approved by the Planning Board. A wire buffer may be required
to screen neighborhood uses.
D.
Where practical, ingress and egress shall not be directly
from Route 9, but from an adjoining street. Any application for such
use shall estimate traffic generation and show that no undue traffic
congestion shall result.
E.
Where practical, all parking shall be located to the
rear or side of the site and adequately buffered to maintain the residential
appearance.
F.
Signs are permitted in accordance with the following:
[Amended 6-12-2007 by Ord. No. 1705]
(1)
One freestanding sign and one wall sign per tenant
is permitted.
(2)
The maximum sign area for a freestanding sign shall
not exceed 40 square feet. No freestanding sign shall exceed eight
feet in height. All freestanding signs shall be located outside any
required sight triangle and shall be set back a minimum of 14 feet
from the front property line.
(3)
The maximum area for a single wall sign shall not
exceed 24 square feet.
(4)
Wall signs shall be proportional to the architectural
features of the building. All wall signs shall be designed to complement
the architectural features, and a unified color scheme shall be used
for all tenants. Wall signs shall not be placed on the roof.
(5)
Signs shall not be internally lit, and neon material
shall not be permitted. All signs shall be consistent with the building
design, and a unified color scheme shall be used.
(6)
All signs should be located within landscaped islands
to further enhance the residential character of the area.
G.
Notwithstanding the maximum building coverage permitted,
no single building shall exceed 10,000 square feet. Architectural
plans and elevations shall be submitted for all developments demonstrating
how the building design will be consistent with the neighborhood.
The buildings should include typical residential features such as
siding, sloped roofs, dormers and other similar features.
[Amended 6-12-2007 by Ord. No. 1705]
H.
The application shall comply with all other applicable
zoning and site plan requirements to the extent not inconsistent herewith.
I.
Notice of hearing for any such applications shall
be given to all property owners within 200 feet of the proposed use
in the same manner as for any request for a variance.
[Added 8-25-1987 by Ord. No. 873]
To provide housing opportunity for low- and
moderate-income families and individuals, existing single-family dwellings
may be rehabilitated or expanded to provide one additional dwelling
unit subject to Planning Board review and the following conditions
and standards:
A.
Any dwelling so expanded or rehabilitated shall retain
its single-family character.
C.
Any construction shall meet requirements of all applicable
housing and construction codes.
D.
All lot size and bulk requirements of the specific
zone shall be met. Unsewered areas shall meet lot size requirements
of 35,000 square feet for the existing dwelling, plus an additional
5,000 square feet for each bedroom in the accessory unit. One additional
parking space shall be provided for the accessory unit.
E.
In the Pinelands Area, applicable water quality standards
shall be met for any accessory dwelling unit.
F.
The following conditions shall apply to any such accessory
units:
(1)
The existing dwelling shall be owner-occupied and
in existence prior to this Code amendment.
(2)
Any accessory unit shall not exceed 700 square feet
or 25% of the total housing unit area and shall be located on the
first floor.
(3)
The number of accessory units under this provision
shall not exceed a total of 30 units throughout the Township in accordance
with the Township's Fair Share Plan.
[Added 7-23-2013 by Ord. No. 1870]
In any district a single-family residential structure may be
reconstructed or repaired if deemed completely destroyed in accordance
with the following conditions:
A.
The
property contains a preexisting nonconforming single-family dwelling
unit and is located in a zone which does not permit single-family
residential units.
B.
The
single-family dwelling unit was determined to be completely destroyed
such that the structure was damaged by more than 75%.
C.
The
reconstruction or repair of the single-family structure must maintain
the minimum setbacks of the original building if they are nonconforming
to the zoning standards.
[Amended 7-14-2015 by Ord. No. 1913-2015]
D.
The
single-family dwelling unit may be relocated in order to conform to
the zoning district standards of the zone in which the structure is
located, upon approval of the Planning Board, so that the dwelling
unit is more conforming to the zoning district bulk requirements.
E.
The
footprint of the single-family dwelling unit shall not be increased
by more than 10% without approval from the Zoning Board of Adjustments.
[Amended 7-14-2015 by Ord. No. 1913-2015]
[Added 12-22-1987 by Ord. No. 882]
Unless otherwise provided in this chapter, any
nonresidential use, excluding public and quasi-public uses, when located
on a lot or parcel of land adjacent to a residential district, shall
conform to the following buffer requirements:
A.
A one-hundred-foot-wide buffer shall be provided.
No buildings or structures shall be permitted within the buffer area.
B.
Parking may be permitted within the buffer area, provided
that it does not penetrate more than 50% into the width of the buffer
area and does not take up more than 30% of the length of the buffer.
C.
To the maximum extent practical, natural vegetation
shall be retained within the buffer area and clearing shall be avoided.
In addition to the natural vegetation, where necessary, an evergreen
screen of plantings shall be included so as to visibly separate and
screen the nonresidential use from the residential district and to
minimize such impacts as noise, lights, dust and movement of people
and vehicles. As necessary, based upon the particular conditions of
the site and the proposed use, the Board may require that the vegetated
buffer be supplemented by berming and fencing so as to provide an
adequate buffer.
[Added 6-22-1993 by Ord. No. 1127; amended 4-24-2001 by Ord. No. 1452; 5-14-2002 by Ord. No.
1502; 6-12-2007 by Ord. No. 1705]
Professional offices are permitted as a conditional
use on lots fronting on Jimmie Leeds Road and Pomona Road between
Langley and Jimmie Leeds Road; and along Pitney Road between Jimmie
Leeds Road and Great Creek Road where not otherwise a permitted use,
subject to the following conditions and standards. It is the intent
of this section to allow professional offices where compatible with
the traditional rural residential character of many existing buildings
in such areas and to encourage careful design maintaining the character
of the area. Traffic safety and access along Jimmie Leeds Road, Pomona
Road and Pitney Road must be carefully scrutinized to ensure adequate
circulation. Established single-family homes should be protected from
impacts associated with lighting, noise and similar interference.
Any such conditional use shall comply with the following conditions
and standards:
A.
All such offices shall maintain a residential appearance
compatible in exterior building design and in site design with the
traditional rural residential character of many existing buildings
along Jimmie Leeds Road, Pomona Road and Pitney Road.
B.
A lot shall comply with the following area, space
and yard requirements unless more restrictive regulations are required
in the base district, wherein the base district regulations shall
apply:
C.
A twenty-foot-minimum natural or landscaped buffer
shall be provided to adequately separate and screen any such professional
office from adjoining residential uses. A landscaping plan prepared
by a landscape architect or qualified professional architect, surveyor,
engineer or planner shall be submitted and approved by the Board.
A buffer shall consist of any combination of existing trees and shrubs,
new landscaping materials, berms, walls and fences.
D.
Ingress and egress shall be directly from Jimmie Leeds
Road, Pomona Road or Pitney Road and shall not be from an adjoining
street.
E.
For lots fronting on Jimmie Leeds Road, all parking
shall be located to the rear or side of the site and adequately buffered
so as to maintain the residential appearance of the site. For lots
fronting on Pomona Road and Pitney Road, all parking shall be located
in front of the building so as to maintain the residential character
of the rear yard. All parking areas shall be screened with landscaping.
F.
Signs are permitted in accordance with the following:
(1)
One freestanding sign and one wall sign per tenant
is permitted.
(2)
The maximum sign area for a freestanding sign shall
not exceed 40 square feet. No freestanding sign shall exceed eight
feet in height. All freestanding signs shall be located outside any
required sight triangle and shall be set back a minimum of 14 feet
from the front property line.
(3)
The maximum area for a single wall sign shall not
exceed 24 square feet.
(4)
Wall signs shall be proportional to the architectural
features of the building. All wall signs shall be designed to complement
the architectural features, and a unified color scheme shall be used
for all tenants. Wall signs shall not be placed on the roof.
(5)
Signs shall not be internally lit, and neon material
shall not be permitted. All signs shall be consistent with the building
design, and a unified color scheme shall be used.
(6)
All signs should be located within landscaped islands
to further enhance the residential character of the area.
G.
Notwithstanding the maximum building coverage permitted,
no single building shall exceed 10,000 square feet. Architectural
plans and elevations shall be submitted for all developments demonstrating
how the building design will be consistent with the neighborhood.
The buildings should include typical residential features such as
siding, sloped roofs, dormers and other similar features.
H.
The applicant shall comply with all other applicable
zoning and site plan requirements to the extent not inconsistent herewith.
I.
Notice of a hearing for any such applications shall
be given to all property owners within 200 feet of the proposed use
in the same manner as for any request for a variance.
[Added 1-22-2002 by Ord. No. 1492]
A.
Permitted as conditional uses in nonresidential zones.
(1)
Wireless telecommunications towers and antennas.
(a)
Subject to the conditions set forth in this section to Article V, § 233-35, Application for conditional use approval, except as otherwise provided below, new wireless telecommunications towers and antennas shall be permitted as conditional uses in zones designated as Conservation District (CV), Planned Community Commercial District (CC), Conditional Industrial District, Community Village Commercial District (CVC) and Commercial-Highway District (CH) within Galloway Township outside of the Pinelands area, on quasi-public and municipally owned properties and municipally owned water towers.
(b)
Wireless telecommunications towers and antennas
shall be permitted as conditional uses in those areas authorized by
the Pinelands Commission under the comprehensive plan for wireless
communications facilities in the Pinelands (approved by the Pinelands
Commission on September 11, 1998), and the P.C.S. Phone Facilities
Plan (approved by the Pinelands Commission on January 14, 2000).
(2)
Cell towers may be permitted as a conditional use in a residential zone if the cell tower that is the subject of the application is an existing cell tower (collocation applicant) or if the applicant is proposing to locate the cell tower at one of the preferred locations designated in Subsection D(2)(a) through and including D(2)(d). The exercise of any approval granted under this section shall be consistent with the overall zoning and planning objectives of the Galloway Township Zoning Regulations, the Municipal Land Use Law (MLUL)[1] and the Galloway Master Plan in effect at the time the
original application is filed with the Planning or Zoning Board.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
B.
ALTERNATIVE TOWER STRUCTURE
ANCILLARY FACILITIES
ANTENNA
BACKHAUL NETWORK
BUFFER AREA
CARRIER
COLLOCATION
FAA
FCC
FALL ZONE
FUNCTIONALLY EQUIVALENT SERVICES
GUYED TOWER
HEIGHT
LATTICE TOWER
MONOPOLE
MOUNT
(1)
(2)
(3)
(4)
PERSONAL WIRELESS SERVICE FACILITY
PREEXISTING TOWERS AND PREEXISTING ANTENNAS
RADIO FREQUENCY (RF) ENGINEER
RADIO FREQUENCY RADIATION (RFR)
STEALTH DESIGN
TELECOMMUNICATIONS FACILITY
TELECOMMUNICATIONS OR TRANSMISSION TOWER
WIRELESS COMMUNICATIONS
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Man-made trees, clock towers, bell steeples, flagpoles and
similar alternative-design mounting structures that camouflage or
conceal the presence of antennas or towers.
The buildings, cabinets, vaults, closures and equipment required
for operation of telecommunications systems, including but not limited
to repeaters, equipment housing and ventilation and other mechanical
equipment.
Any exterior apparatus designed for telephonic, radio or
television communications through the sending and/or receiving of
electromagnetic waves, digital signals, analog signals, radio frequencies
(excluding radar signals), wireless telecommunications signals or
other communication signals. Parabolic dish antennas used for satellite
communications shall not be included within this definition.
The lines that connect a provider's towers/cell sites to
one or more cellular telephone switching offices, and/or long distance
providers, or the public switched telephone network.
The area surrounding a telecommunications tower and ancillary
facilities which lies between the tower and adjacent lot line and/or
land uses.
A company that provides wireless services.
When two or more receiving and/or transmitting facilities
are placed together in the same location or on the same antenna support
structure.
The Federal Aviation Administration.
The Federal Communications Commission.
The area on the ground within a prescribed radius from the
base of a wireless telecommunications tower. The fall zone is the
area within which there is a potential hazard from falling debris
(such as ice) or collapsing material.
Cellular radio, personal communication service (PCS), enhanced
specialized mobile radio, specialized mobile radio and paging, commercial
land mobile radio and additional emerging technologies.
Tower, which is supported or braced through the use of cables
(guy wires) which are permanently anchored.
When referring to a tower, the vertical distance measured
from the lowest finished grade at the base of the tower, even if said
highest point on the tower to the highest point is an antenna.
A type of mount that is self-supporting with multiple legs
and cross-bracing of structural steel.
The type of tower that is self-supporting with a single shaft
of wood, steel or concrete and a platform (or racks) for panel antennas
arrayed at the top.
The structure or surface upon which antennas are mounted,
including the following four types of mounts:
ROOF-MOUNTEDMounted on the roof of a building.
SIDE-MOUNTEDMounted on the side of a building.
GROUND-MOUNTEDAntenna support (tower) mounted on the ground.
STRUCTURE-MOUNTEDMounted on a structure other than a building.
A facility for the provision of personal wireless services,
as defined by the Telecommunications Act of 1996.
Any tower or antenna for which a building permit has been
properly issued prior to the effective date of this section, including
permitted towers or antennas that have been approved but have not
yet been constructed so long as such approval is current and not expired.
An engineer specializing in electrical or microwave engineering,
especially the study of radio frequencies.
Emissions from personal wireless service facilities or any
electromagnetic energy within the frequency range from 0.003 MHZ to
300,000 MHZ.
A telecommunications facility that is designed or located
in such a way that the facility is not readily recognizable as telecommunications
equipment (see "alternative tower structure").
A facility designed and used for the purpose of transmitting,
receiving and relaying voice and data signals from various wireless
communications devices, including transmission towers, antennas and
ancillary facilities. For purposes of this section, amateur radio
transmission facilities used exclusively for the transmission of television
and radio broadcast are not "telecommunications facilities."
The monopole or lattice framework designed to support transmitting
and receiving antennas. For purposes of this section, amateur radio
transmission facilities and facilities used exclusively for the transmission
of television and radio signals are not "transmission towers."
Any personal wireless services as defined in the Federal
Telecommunications Act of 1996 which includes FCC licensed commercial
wireless telecommunications services, including cellular, personal
communication services (PCS), specialized mobile radio (SMR), enhanced
specialized mobile radio (ESMR), paging and similar services that
currently exist or that may in the future be developed. It does not
include any amateur radio facility that is owned and operated by a
federally licensed amateur radio station operator or is used exclusively
for receive-only antennas, nor does it include noncellular telephone
service.
C.
Preexisting towers and antennas. Wireless telecommunications
towers that existed on the date of the adoption of this section (nonconforming
wireless telecommunications towers) are subject to the following provisions:
(1)
Nonconforming wireless telecommunications towers
may continue in use for the purpose now used, but may not be expanded
(i.e., by increasing size or height or by adding additional users)
without complying with this section.
(2)
Nonconforming wireless telecommunications towers
which are partially damaged or destroyed due to any reason or cause
may be repaired and restored to their former use, location and physical
dimensions subject to obtaining a building permit therefor, but without
otherwise complying with this section. However, should the destruction
or damage be determined by the Galloway Township Zoning Board to be
of such an extent that it is beyond the scope and intent of the "partial
destruction" clause of N.J.S.A. 40:55D-68, then repair or restoration
will require compliance with this section.
(3)
The owner of any nonconforming wireless telecommunications
tower may repair, rebuild and/or upgrade (but not expand such telecommunications
tower or increase its height or reduce the setbacks) in order to improve
the structural integrity of the facility, to allow the facility to
accommodate collocated antennas or facilities or to upgrade the facilities
to current engineering, technological or communications standards
without having to conform to the provisions of this section.
D.
General requirements for towers and antennas.
(1)
All local communications facilities subject
to the provisions herein located within the Pinelands Area must meet
the standards of the N.J.A.C. 7:50-5.4 of the Pinelands Comprehensive
Management Plan and any comprehensive plan for such facilities approved
by the Pinelands Commission in accordance with N.J.A.C. 7:50-5.4(c)6.
(2)
Locational priority. If needed in accordance with an overall comprehensive plan for the provision of full wireless telecommunications services within the Galloway Township area, wireless telecommunications towers, where permitted as a conditional use in accordance with Subsection A(1) and (2) above, shall be located in accordance with the following locations:
(a)
Existing towers. The first priority location
shall be collocation on existing telecommunications towers used for
transmitting or receiving analog, digital, microwave, cellular, telephone,
personal wireless service or similar forms of an electronic communication;
provided, however, that locations which meet this criteria shall be
subject to the design and citing components of this section, and collocation
sites shall not become "antenna farms" or otherwise be deemed by the
land use board to be visually obtrusive.
(b)
Publicly used structures. The second priority
location shall be on land or structures owned by, in order of specific
preference, Galloway Township; the Board of Education of the Galloway
Township; the County of Atlantic; the State of New Jersey; any other
state, county or local governmental agencies or bodies. These publicly
used structures are preferred locations throughout the Township because
they appear in many zoning districts, are disbursed throughout the
Township and, due to their institutional or infrastructure uses, are
generally similar in appearance to, or readily adaptable for, telecommunications
facilities. Therefore, telecommunications facilities should be less
noticeable when placed on publicly used structures than when placed
on a commercial or residential structure. Publicly used structures
include, but are not limited to, facilities such as municipal buildings,
police or fire stations, schools, libraries, community centers, civic
centers, utility structures, water towers, elevated roadways, bridges,
flagpoles, clock or bell towers and light poles.
(c)
The third priority location shall be wholly
industrial and commercial structures such as warehouses, factories,
retail outlets, supermarkets, banks, garages or service stations,
particularly where existing visual obstructions or clutter on the
roof or along a roofline can and will be removed as part of the installation
of the telecommunications facility.
(d)
The fourth priority location shall be such locations
as the applicant proves are essential to provide required service
to the Galloway Township area.
(3)
The total number of local communications facilities
in the municipality 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 such existing,
suitable facility within the service area that could be utilized.
Citation in a certified plan by the Pinelands Commission shall be
evidence of the general need in the areas but not as to a specific
site.
(4)
No application for construction of a new local
communications facility tower in the Pinelands Area shall be considered
unless the comprehensive plan governing such facilities has been approved
by the Pinelands Commission.
(5)
Within the Pinelands Area, all new local communications
facility towers shall be located within the area consistent with the
service need for the facility, but in no case beyond a five-mile radius
of the area specified in the comprehensive plan. The applicant will
initially determine and demonstrate a technically feasible search
area within this radius.
(6)
If the search area crosses the boundaries of
the Pinelands Area or its management areas, the applicant shall seek
to site the facility in accordance with the Pinelands Commission's
hierarchical policy for the specific siting of local communications
facilities. This policy requires the following order of preferences:
(a)
Outside the Pinelands, and in accord with the locational priorities established in Subsection D(2) above.
(b)
Pinelands regional growth areas, Pinelands towns
and developed portions of military and federal installation areas.
(c)
Pinelands rural development areas, agricultural
production areas, undeveloped portions of military and federal installation
areas and Pinelands villages other than those expressly identified
in N.J.A.C. 7:50-5.4(c)6.
(d)
Pinelands Preservation Area District special
agricultural production areas, forest areas and the Pinelands Villages
expressly identified in N.J.A.C. 7:50-5.4(c)6, provided that the resulting
site does not cause an increase in the number of new towers identified
in a comprehensive plan approved by the Pinelands Commission for this
management area group.
(7)
Within the Pineland Preservation District and
any residential zone (or mixed residential zone, unless otherwise
specified), new local communications facility towers which have been
authorized through the Pinelands Commission's approval of a comprehensive
plan shall only be sited in one of the following areas:
(a)
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 recreation lands or county and
municipal lands used for low-intensity recreational purposes.
(b)
On the parcel of an approved resource extraction
operation, provided that the facility will be located on previously
disturbed lands that have not subsequently been restored.
(c)
On the parcel of an existing first aid or fire
station.
(d)
On the parcel of an existing landfill, provided
that the facility will be located on previously disturbed lands that
have not subsequently been restored.
(8)
Local communications facilities shall be located
in accordance with the visual standards of N.J.A.C. 7:50-5.4(c)4ii-v
to the extent feasible and consistent with other provisions contained
herein. These standards require that:
(a)
Such facilities minimize visual impacts as viewed
from publicly dedicated roads and highways and from other areas frequented
by the public by, in order of decreasing priority:
(b)
Such facilities minimize visual impacts as viewed
from existing residential dwellings located on contiguous parcels
through adherence to the buffer and setback requirements established
elsewhere in this section.
(9)
Additionally, if multiple sites for new towers
that meet all other qualifications are available, the site with the
least visual impact should be selected; if only a single qualifying
site is available, the best location on the site that meets all other
standards must be used.
(10)
Design and construction.
(a)
The design and construction of a new local communications
facility towers shall adhere to the provisions of N.J.A.C. 7:50-6.103
to 6.105 regarding setbacks from scenic corridors and in environmentally
sensitive areas.
(b)
Towers shall either maintain a galvanized steel
finish or, subject to any applicable standards of the FAA, be painted
a neutral color so as to reduce visual obstructiveness.
(c)
At a tower site, the design of the buildings
and related structures shall, to the extent possible, use material,
colors, textures, screening and landscaping that will blend them into
the natural setting and surrounding buildings.
E.
Collocation policy.
(1)
Prior to any collocation on any cell tower,
the applicant shall first provide the Township with the right of first
refusal for the installation of equipment necessary to the functioning
of the Township's telecommunications network.
(2)
Each applicant for a new telecommunications
tower shall present documentary evidence regarding the need for wireless
antennas within the Galloway Township. This information shall identify
the wireless network layout and coverage areas to demonstrate the
need for such equipment within this Township.
(3)
An applicant proposing to erect a new wireless
telecommunications tower shall provide documentary evidence that a
legitimate attempt has been made to locate the antennas on existing
buildings or structures or collocations sites. Such evidence shall
include a radio frequency engineering analysis of the potential suitability
of existing buildings or structures or collocation sites in the search
area for such antennas. Efforts to secure such locations shall be
documented through correspondence between the wireless telecommunications
provider and the property owner(s) of the existing building or structures
or collocation sites. The Township reserves the right to engage a
professional radio frequency engineer to review such documentation,
the cost of which engineer shall be paid from escrow funds supplied
by the applicant.
(4)
Applicants proposing to construct new telecommunications
towers shall document the locations of all existing telecommunications
towers within the Galloway Township and surrounding areas with coverage
in the Township, as well as any changes proposed within the following
twelve-month period, including plans for new locations or the discontinuance
or relocation of existing facilities. Applicants shall provide competent
testimony by a radio frequency engineer regarding the suitability
of potential locations in light of the design of the wireless telecommunications
network. Where a suitable location on an existing tower is found to
exist, but an applicant is unable to secure an agreement to collocate
its equipment on such tower, the applicant shall provide written evidence
of correspondence with the owner of such tower verifying that suitable
space is not available on the existing tower(s). Where an applicant
seeking to construct a new tower is not a wireless service provider,
the applicant shall prove that adequate wireless telecommunications
services, sufficient to meet the requirements of the Federal Telecommunications
Act of 1996, as amended, (hereinafter "FTA") cannot be provided without
the proposed tower.
F.
Site location alternative analysis. Each application
shall include a site location alternative analysis describing the
location of other sites considered, the availability of those sites,
the extent to which other sites do or do not meet the provider's service
or engineering needs and the reason why the subject site was chosen.
The analysis shall address the following issues:
(1)
How the proposed location of the telecommunications
tower relates to the objective of providing full wireless communications
services within the Galloway Township area.
(2)
How the proposed location of the proposed telecommunications
tower relates to the location of any existing antennas within and
near the Galloway Township area.
(3)
How the proposed location of the proposed telecommunications
tower relates to the anticipated need for additional antennas within
and near the Galloway Township area by the applicant and by other
providers of wireless communications services within the Galloway
Township area.
(4)
How the proposed location of the proposed telecommunications
tower relates to the objective of collocating the antennas of many
different providers of wireless communications services on the same
wireless telecommunications tower.
(5)
How its plans specifically relate to, and are
coordinated with, the needs of all other providers of wireless communications
service within the Galloway Township area.
G.
State or federal requirement. All towers must meet
or exceed current standards and regulations of the FAA, the FCC and
any other agency of the state or federal government with the authority
to regulate towers and antennas. If such standards and regulations
are changed, the owners of the towers and antennas governed by this
section shall bring such towers and antennas into compliance with
such revised standards and regulations within six months of the effective
date of such standards and regulations, unless a different compliance
schedule is mandated by the controlling state or federal agency, in
which case the latter scheduling will control. Failure to bring towers
and antennas into compliance with such revised standards and regulations
shall constitute grounds for the removal of the tower or antenna at
the owner's expense.
H.
Safety standards/building codes. To ensure the structural
integrity of towers, the owner of a telecommunications facility shall
ensure that it is maintained in compliance with standards contained
in applicable local building codes and the applicable standards for
such telecommunications facilities, as amended from time to time and
as may be published by the Electronics Industries Association, or
such other agency or association having expertise in the field. Owners
of towers shall conduct periodic inspections of such facilities at
least once every year to ensure structural integrity, said inspection
shall be conducted by a qualified, independent engineer licensed to
practice in the State of New Jersey, and the results of such inspection
shall be provided, by way of written report, to the Township Council
of the Galloway Township. Failure to undertake such inspection and/or
provide the Township with the aforementioned report shall constitute
grounds for the removal of the tower or antenna at the owner's expense.
I.
Tower setbacks. The following setback requirements
shall apply to all telecommunications towers and antennas; provided,
however, that the Planning Board may reduce the standard setback requirements
of this section if the goals of this section would be better served
thereby; and, in the event any of the following provisions conflict
with one another, then the more strenuous and stringent standards
shall apply:
(1)
Towers shall meet the setbacks of the underlying
zoning district or 100% of the height of the tower including all antennas
and attachments, whichever is greater, and the tower does not encroach
upon any easements unless the applicant can demonstrate that a tower
failure will have a lesser impact on the surrounding area.
(2)
A fall zone shall be established such that the
tower is set back 100% of the height of the tower, including all antennas
and attachments, from any adjoining lot line, right-of-way line, areas
used for public access or nonappurtenant access or building, unless
the applicant can demonstrate that a tower failure will have a lesser
impact on the surrounding area.
(3)
Towers shall be set back from the planned public
rights-of-way as shown on the most recently adopted Master Street
Plan of the Township by a minimum distance equal to 1.5 of the height
of the tower, including all antennas and attachments.
(4)
Towers shall not be located between a principal
structure and a public street, with the following exceptions:
(5)
Towers must be set back a distance equal to
1.5 times the height of the tower from any off-site residential structure.
(6)
For antennas attached to the roof or a supporting
structure on a rooftop, a one-to-one setback ratio (example: ten-foot
high antenna and supporting structure requires ten-foot setback from
edge of roof) shall be maintained unless an alternative placement
is shown to reduce visual impact.
(7)
A tower's setback may be reduced, or its location
in relation to the public street varied, at the discretion of the
Board, to allow the integration of a tower into an existing or proposed
structure, such as a church steeple, light standard, tower line support
device or similar structure.
J.
Lot size. For purposes of determining whether the
installation of a tower or antenna complies with district development
regulations, including but not limited to setback requirements, lot
coverage requirements and such other requirements, the dimensions
of the entire lot shall control, even though the antennas or towers
may be located only on a portion of such lots.
K.
Abandonment and removal.
(1)
Abandonment. Any telecommunications tower and
equipment which are not operated for wireless communications purposes
for a continuous period of six months shall be considered abandoned,
whether or not the owner or operator intends to make use of it or
any part of it, and shall be removed by the facility owner at its
costs. The owner of a telecommunications tower and the owner of the
property where the facility is located shall be under a duty to remove
the abandoned telecommunications tower. If such antenna and/or tower
is not removed within 60 days of receipt of notice from the Township
notifying the owner of such abandonment, the Township may remove such
tower and/or antenna as set forth below.
(a)
If the owner of an abandoned tower or antenna
wishes to use such abandoned tower or antenna, the owner must first
apply for and receive all applicable permits and meet all of the conditions
of this section as if such tower or antenna was a new tower or antenna.
(2)
Removal. When an owner of a telecommunications
tower and antenna, who has been notified to remove same, fails to
do so within 60 days of receipt of notice from the Township notifying
the owner and/or operator of such abandonment and the need to remove
same, then the Township may remove such tower and/or antenna and place
a lien upon the property for the cost of removal. If removed by the
owner, a demolition permit shall be obtained and the facility shall
be removed. Upon removal, the site shall be cleaned, restored and
revegetated to blend with the existing surrounding vegetation at the
time of abandonment. The facility owner shall post a bond at the time
that a construction permit is issued for demolition to cover the cost
of tower removal and site restoration. The amount of the bond shall
have taken into consideration any cost escalation that may be reasonably
anticipated.
(a)
Any delays by the Township in taking action
under this clause shall not in any way waive the Township's right
to take action.
L.
Principal accessory and joint uses.
(1)
Accessory structures used in direct support
of a telecommunications tower shall be allowed but not be used for
offices, vehicle storage or other outdoor storage. Mobile or immobile
equipment not used in direct support of a telecommunications facility
shall not be stored or parked on the site of the telecommunications
facility.
(2)
Telecommunications towers may be located on
sites containing another principal use in the same buildable area.
M.
Monopole construction. Monopole tower construction
shall be utilized in all cases except where it can be conclusively
demonstrated that a monopole construction is not suitable for a specific
location or application or that a different type pole is necessary
for the collocation of additional antennas on the tower.
N.
Additional submission requirements. A report from
a qualified expert containing the following is required:
(1)
A description of the tower and the technical
and other reasons for the tower design and height, including cross
sections and elevations.
(2)
Documentation to establish that the tower has
sufficient structural integrity for the proposed use at the proposed
location and meets the minimum safety requirements and margins according
to FCC requirements in their current adopted standards and revisions.
(3)
Indicates the height above grade for all potential
mounting positions for collocated antennas and the minimum separation
distance between antennas.
(4)
Description of the tower's capacity, including
the number and type of antennas that it can accommodate.
(5)
Statement detailing current FCC information
concerning wireless telecommunications towers and radio frequency
admission standards as well as information on the projected power
density of the proposed facility and how it meets the FCC standards.
(6)
A letter of commitment by the applicant to lease
excess space on the tower to other potential users at prevailing rates
and standard terms. The letter of commitment shall be recorded prior
to the issuance of any building permits. The letter shall commit the
tower owner and his successors in interest to this obligation.
O.
Cessation of use. A copy of the relevant portions
of a signed lease which requires the applicant to remove the tower
and associated facilities upon cessation of operations of the site
shall be submitted at the time of the application.
P.
Visual impact study. A visual impact study, graphically
simulating through models, computer-enhanced graphics or similar techniques
the appearance of any proposed tower and indicating its view from
at least five locations around and within one mile of the proposed
wireless telecommunications tower where the wireless telecommunications
tower will be most visible, shall be submitted. Aerial photographs
of the impact area shall also be submitted.
Q.
Design requirement. Telecommunications towers shall
be a monopole design unless the Board determines that an alternative
design would better blend into the surrounding environment or is necessary
for the collocation of additional antennas on the tower.
R.
Aesthetics. At a tower site, the design of the buildings
and related structures shall, to the extent possible, use materials,
colors, textures, screening and landscaping that will blend the tower
and related facilities to the natural setting and built environment.
The towers themselves shall be of a color appropriate to the tower's
locational context so as to make it as unobtrusive as possible, unless
otherwise required by the FAA. To the extent that any local communications
facility or its supporting new tower 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 the sky.
S.
Accessory utility buildings. All utility buildings
and structures accessory to a tower shall be architecturally designed
to blend in with the surrounding environment and shall meet the minimum
setback requirements of the underlying zoning district. Ground-mounted
equipment shall be screened from view by suitable vegetation, except
where a design of nonvegetative screening buffer reflects and complements
the architectural character of the surrounding neighborhood. A landscape
plan shall be submitted for review of proposed screening.
T.
Landscaping.
(1)
Landscaping shall be provided along the perimeter
of a security fence to provide a visual screen or buffer for adjoining
private properties and the public right-of-way. Required front yard
setbacks shall be landscaped. Existing on-site vegetation shall be
preserved or improved, and disturbance of existing topography shall
be minimized unless such disturbance would result in less visual impact
of the site to the surrounding area. Any access road to the local
communications facility shall be landscaped or be oriented in such
a way as to preclude a direct view of the facility from a public venue.
(2)
The following standards shall apply to clearing
and landscaping for construction of new local communications facilities:
(a)
Clearing of existing vegetation shall be the
minimum necessary to allow for access to and operation of the facility.
(b)
Tower facilities shall be landscaped with a
buffer of plant materials that effectively screens the view of the
tower compound from residential zones, recreational areas or public
roadways in the following manner:
[1]
One or more rows of evergreen trees, at least
six feet in height when planted and capable of forming a visual barrier
at least 15 feet in height within five years of planting.
[2]
Adjacent to residential zones and recreational
areas, an additional staggered row of deciduous trees no less than
two-and-one-half-inch caliper shall be strategically planted around
the tower compound.
[3]
The screening shall be maintained and replaced
as necessary while the facility is in service.
[4]
Existing mature tree growth and natural land
forms on the site shall be preserved to the maximum extent possible.
[5]
Supplemental evergreen plantings shall be planted
among mature tree growth to provide a visual barrier within five years
of planting on sites with existing vegetation. In some cases, such
as towers on large wooded lots, natural growth around the property
perimeter may be a sufficient buffer.
U.
Lighting. No lighting is permitted except as follows:
(1)
Equipment buildings and compounds may have security
and safety lighting at the entrance, provided that the light is attached
to the facility, is focused downward and is on timing devices and/or
sensors so that the light is turned off when not needed for safety
or security purposes.
(2)
No lighting is permitted on a wireless telecommunications
tower except lighting that specifically is required by the FAA, and
any such required lighting shall be focused and shielded to the greatest
extent possible so as not to project towards adjacent and nearby properties.
V.
Height. The antenna and any supporting structure shall
not exceed 200 feet in height, but, if a lesser height, shall be designed
so that its height can be increased to 200 feet if necessary to accommodate
other local communications facilities in the future.
W.
Signs and advertising. No advertising is permitted
on a telecommunications tower or accompanying facilities. Only signs
for warning or equipment information shall be permitted on any portion
of a tower or equipment building.
X.
Fencing and other security devices. Telecommunications
towers and equipment buildings in compounds shall be surrounded with
security features, including an appropriate anticlimbing device or
other similar protective device to prevent unauthorized access to
the telecommunications facilities; and shall be further surrounded
with a security fence. Additional safety devices shall be permitted
or required as needed, and as approved by the Board as may be necessary.
Y.
Noise. No equipment shall be operated so as to produce noise in excess of limits set by Chapter 253, Noise, except in emergency situations requiring the use of a backup generator.
Z.
Radio frequency emissions.
(1)
The FTA gives the FCC sole jurisdiction over
the field of regulation of radio frequency (RF) emission, and telecommunications
towers that meet the FCC standards shall not be conditioned or denied
on the basis of RF impacts. Applicants shall provide current FCC information
concerning wireless telecommunications towers and radio frequency
emissions standards. Applicants for telecommunications towers shall
be required to provide information on the projected power density
of the proposed facility and how this meets the FCC standards.
(2)
At annual intervals from the date of the issuance
of the conditional use permit, the applicant shall submit measurement
of the noise and the RF emissions from the local communications facility.
Such measurements shall be made by a qualified technician, which shall
certify that the measurements are within applicable limits.
AA.
Application requirements.
(1)
Preapplication conference. Early consultation
by applicants with municipal officials and representatives of the
Pinelands Commission 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 appropriate 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 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 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 board.
(2)
Site plan approval by the appropriate board
shall be required before any new local communications facility may
be erected. The following information shall be submitted to the appropriate
board for its review:
(a)
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.
(b)
Photos of the proposed site of the facility
showing current conditions.
(c)
The setback distance from the nearest structure.
(d)
A map showing the location of all other local
communications facility towers and other structures within the municipality
as well as outside of the municipality within a five-mile radius.
The applicant shall also identify the height and type of construction
of all such structures.
(e)
A landscape plan showing proposed landscaping.
(f)
The location and type of fencing, if applicable,
and the type, location, color and power of any illumination.
(g)
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 tower is
proposed.
(h)
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.
(i)
If the proposed facility would be located within
the Pinelands Area, a notarized statement indicating that the applicant
will abide by the provisions of Exhibit 13 Collocation Opportunities
for Wireless Providers in the Pinelands contained in the Comprehensive
Plan for Wireless Communication Facilities in the Pinelands approved
by the Pinelands Commission on September 11, 1998.
(j)
Written confirmation from any other wireless
providers who have expressed a desire to collocate on the proposed
facility (either by inclusion of the site in a Pinelands' certified
plan or at any public meeting on the application) that the selected
site meets their operational needs and space requirements for equipment
sheds and the like.
(k)
Evidence that all notice procedures have been
filed and, if the proposed facility would be located within the Pinelands
Area, a certificate of filing from the Pinelands Commission issued
pursuant to N.J.A.C. 7:50-4:34.
(l)
Computer simulation models, photographic juxtaposition
or a similar technique shall be submitted in support of the application
to show how the facility will appear on site and will be used by the
appropriate board in determining conformance with the visual impact
standards of this section. Such material will also aid in assessing
the consistency of the application with N.J.A.C. 7:50-5.4.
(m)
Information required for all other standards
of the land development code.
(n)
In the event that the collocation is found not
to be feasible, a written statement of the reasons for the unfeasibility
shall be submitted to the Township. The Township may retain a technical
expert in the field of RF 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 for such technical
expert will be at the expense of the applicant.
[Added 2-11-2003 by Ord. No. 1521]
A.
DIRECT LIGHT
FIXTURE
FLOOD or SPOTLIGHT
FOOTCANDLE
FULLY SHIELDED LIGHTS
GLARE
GRANDFATHERED LUMINAIRES
HEIGHT Of LUMINAIRE
INDIRECT LIGHT
LAMP
LIGHT TRESPASS
LUMEN
LUMINAIRE
OUTDOOR LIGHTING
TEMPORARY OUTDOOR LIGHTING
Definitions. For the purposes of this section, terms
used shall be defined as follows:
Light emitted directly from the lamp, off of the reflector
or reflector diffuser or through the refractor or diffuser lens, of
a luminaire.
The assembly that houses the lamp or lamps and can include
all or some of the following parts: a housing, a mounting bracket
or pole socket, a lamp holder, a ballast, a reflector or mirror and/or
a refractor or lens.
Any light fixture or lamp that incorporates a reflector or
a refractor to concentrate the light output into a directed beam in
a particular direction.
Unit of illuminance (brightness) equal to one lumen per square
foot.
Outdoor light fixtures shielded or constructed so that no
light rays are emitted by the installed fixture at angles above the
horizontal plane as certified by a photometric test report.
Light emitting from a luminaire with an intensity great enough
to reduce a viewer’s ability to see; any annoyance from high-angle
lights emanating from a source.
Luminaires not conforming to this section that were in place
at the time this section was voted into effect. When an ordinance
“grandfathers” a luminaire, it means that such already
existing outdoor lighting does not need to be changed unless a specific
period is specified for adherence to the section.
The vertical distance from the ground directly below the
center line of the luminaire to the lowest direct-light-emitting part
of the luminaire.
Direct light that has been reflected or has scattered off
of other surfaces.
The component of a luminaire that produces the actual light.
The shining of light produced by a luminaire beyond the boundaries
of the property on which it is located.
A unit of luminous flux. One footcandle is one lumen per
square foot. For the purposes of this section, the lumen-output values
shall be the initial lumen output ratings of a lamp.
This is a complete lighting system and includes a lamp or
lamps and a fixture.
The nighttime illumination of an outside area or object by
any man-made device located outdoors that produces light by any means.
The specific illumination of an outside area or object by
any man-made device located outdoors that produces light by any means
for a period of less than seven days, with at least 180 days passing
before being used again.
B.
Regulations.
(1)
All public and private outdoor lighting installed
in the Township of Galloway shall be in conformance with the requirements
established by this section. All previous language in Galloway Township
bylaws and ordinances regarding outdoor lighting is replaced with
this section.
(2)
Control of glare; luminaire design factors (except
in the Highway Commercial Zoning Districts).
(a)
Any luminaire with a lamp or lamps rated at
a total of more than 1,800 lumens, and all flood or spot luminaires
with a lamp or lamps rated at a total of more than 900 lumens, shall
not emit any direct light above a horizontal plane through the lowest
direct-light-emitting part of the luminaire.
(b)
Any luminaire with a lamp or lamps rate at a
total of more than 1,800 lumens, and all flood or spot luminaires
with a lamp or lamps rated at a total of more than 900 lumens, shall
be mounted at a height equal to or less than the value 3 + (D/3),
where D is the distance in feet to the nearest property boundary.
The maximum height of the luminaire may not exceed 25 feet.
(3)
Exceptions to control of glare.
(a)
Any luminaire with a lamp or lamps rated at
a total of 1,800 lumens or less, and all flood or spot luminaires
with a lamp or lamps rated at 900 lumens or less, may be used without
restriction to light distribution or mounting height, except that
if any spot of flood luminaire rated 900 lumens or less is aimed,
directed or focused such as to cause direct light from the luminaire
to be directed toward residential buildings on adjacent or nearby
land, or to create glare perceptible to persons operating motor vehicles
on public ways, the luminaire shall be redirected or its light output
controlled as necessary to eliminate such conditions.
(b)
Luminaires used for public roadway illumination
may be installed at a maximum height of 25 feet and may be positioned
at that height up to the edge of any bordering property.
(c)
All temporary emergency lighting needed by the
Police or Fire Departments or other emergency or municipal services,
as well as all vehicular luminaires, shall be exempt from the requirements
of this section.
(d)
All hazard warning luminaries required by federal
regulatory agencies are exempt from the requirements of this section,
except that all luminaires used must be red and must be shown to be
as close as possible to the federally required minimum lumen output
requirement for the specific task.
(e)
Luminaires used primarily for sign illumination
may be mounted at any height to a maximum of 25 feet, regardless of
lumen rating.
(f)
The illumination of the American flag is excluded
from the provisions of this section and is expressly permitted.
(g)
Law governing conflicts. Where any provision
of federal, state, county or town statutes, codes, or laws conflicts
with any provision of this section, the most restrictive shall govern
unless otherwise regulated by law.
(4)
Outdoor advertising signs.
(a)
Top-mounted fixtures required. Lighting fixtures used to illuminate an outdoor advertising sign shall be mounted on the top of the sign structure when such lighting is greater than 100 watts per side. All such fixtures shall comply with the shielding requirements of Subsection B(2). Bottom-mounted outdoor advertising sign lighting shall not be used except in the Highway Commercial Zoning Districts or for lighting less than 100 watts.
(b)
Outdoor advertising signs of the type constructed
of translucent materials and wholly illuminated from within do not
require shielding. Dark backgrounds with light lettering or symbols
are preferred to minimize detrimental effects. In no event shall a
sign be placed or illuminated so as to permit the illumination therefrom
to be directed upon any adjacent right-of-way or public or private
premises so as to cause glare that may constitute a nuisance or traffic
hazard.
(c)
Compliance limit. Existing outdoor advertising
structures shall be grandfathered unless and until such sign is modified,
moved or changed in a significant way. At such time, said sign shall
be brought into compliance with these regulations.
(5)
Recreational facilities. Any light source permitted
by this section may be used for lighting of outdoor recreational facilities
(public or private), such as, but not limited to, football fields,
soccer fields, baseball fields, softball fields, tennis courts or
show areas, provided all of the following conditions are met:
(a)
All fixtures used for event lighting shall be
designed to minimize uplighting, spill light and glare and may exceed
25 feet in height as necessary.
(6)
Prohibitions.
(a)
Laser source light. The use of laser source
light or the operation of a searchlight or any similar high-intensity
light for outdoor advertising or entertainment, when projected above
the horizontal, is prohibited without written permission from the
Township Manager.
(b)
Flashing lights and signage. No flashing, pulsating,
animated, moving or strobe-type lighting or signage that creates a
hazard or public nuisance is permitted.
(7)
Temporary outdoor lighting.
(a)
Any temporary outdoor lighting that conforms
to the requirements of this section shall be allowed. Nonconforming
temporary outdoor lighting may be permitted by the Zoning Board of
Adjustment after considering:
(b)
The applicant shall submit a detailed description
of the proposed temporary nonconforming lighting to the Board of Adjustment,
who shall consider the request at a duly called meeting of the Board
of Adjustment. Prior notice of the meeting of the Board of Adjustment
shall be given to the applicant. The Board of Adjustment shall render
its decision on the temporary lighting request within two weeks of
the date of the meeting. A failure by the Board of Adjustment to act
on a request within the time allowed shall constitute a denial of
the request.
C.
Effective date and grandfathering of nonconfirming
luminaires.
(1)
This section shall take effect immediately upon
approval by the Council of the Township of Galloway at a regularly
scheduled meeting and shall supersede and replace all previous ordinances
pertaining to outdoor lighting.
(2)
All luminaires lawfully in place prior to the
date of the section shall be grandfathered. However, any luminaire
that replaces a grandfathered luminaire, or any grandfathered luminaire
that is moved, must meet the standards of this section.
(3)
Grandfathered luminaires that direct light toward
streets or parking lots that cause disability glare to motorists or
cyclists should be either shielded or redirected within 90 days of
notification so that the luminaires do not cause a potential hazard
to motorists or cyclists.
(4)
Any applicant seeking any approvals from the
Planning Board or Zoning Board of Adjustment or seeking a zoning or
construction permit shall be required to replace or otherwise modify
any nonconforming luminaries on the parcel of land to meet the requirements
of this section.
D.
New subdivision and site plan construction.
(1)
Submission contents. The applicant for any permit
required by any provision of the laws of this jurisdiction in connection
with proposed work involving outdoor lighting fixtures shall submit
(as part of the application for permit) evidence that the proposed
work will comply with this section. The submission shall contain but
shall not necessarily be limited to the following, all or part of
which may be part or in addition to the information required elsewhere
in the laws of this jurisdiction upon application for the required
permit:
(a)
Plans indicating the location on the premises
and the type of illuminating devices, fixtures, lamps, supports, reflectors
and other devices.
(b)
Description of the illuminating devices, fixtures,
lamps, supports, reflectors and other devices and the description
may include, but is not limited to, catalog cuts by manufacturers
and drawings (including sections where required).
(c)
Photometric data, such as that furnished by
manufacturers or similar, showing the angle of cutoff or light emissions.
(2)
Additional submission. The above required plans,
descriptions and data shall be sufficiently complete to enable the
plan examiner to readily determine whether compliance with the requirements
of this section will be secured. If such plans, descriptions and data
cannot enable this ready determination by reason of the nature or
configuration of the devices, fixtures or lamps proposed, the applicant
shall additionally submit as evidence of compliance to enable such
determination such certified reports of tests as will do so, provided
that these tests shall have been performed and certified by a recognized
testing laboratory.
(3)
Subdivision plat certification. If any subdivision
proposes to have installed street or other common or public area outdoor
lighting, the final plat shall contain a statement certifying that
the applicable provisions of the Township of Galloway outdoor lighting
section will be adhered to.
(4)
Lamp or fixture substitution. Should any outdoor
light fixture, or the type of light source therein, be changed after
the permit has been issued, a change request must be submitted to
the Building Official for his approval, together with adequate information
to assure compliance with this section, which must be received prior
to substitution.
E.
Development lighting standards.
(1)
Streetlights. Streetlights shall be provided at all road intersections, street curves and culs-de-sac as deemed necessary by the approving authority for the protection of health, safety and welfare. The developer shall be responsible for the provision of streetlighting in accordance with § 233-48.
(2)
Lighting for nonresidential uses. Outdoor lighting
shall be provided on the building and in parking areas for security
and safety purposes. A minimum illuminance of 1.5 footcandles shall
be provided at intersections and 1.0 footcandles shall be provided
for the entire parking area. Average illuminance shall not exceed
2.5 footcandles. Where a project site abuts a residential use or zoning
district, the reviewing Board may waive the minimum parking area illuminance
requirement to a minimum of 0.5 footcandles for the entire parking
area. The amount of illumination projected onto a residential use
from a nonresidential site shall not exceed 0.1 footcandles measured
at the common property line.
F.
Notification requirements.
(1)
The Township of Galloway building permit shall
include a statement asking whether the planned project will include
any outdoor lighting.
(2)
Within 30 days of the enactment of this section,
the Building Department shall send a copy of the outdoor lighting
section, with cover letter, to all local electricians and local electric
utility, including at least those in the Towns of Absecon, Egg Harbor
Township, Hamilton Township, Egg Harbor City, Port Republic and Mullica
Township.
G.
Violations, legal actions and penalties.
(1)
Violation. It shall be a civil infraction for
any person to violate any of the provisions of this section. Each
and every day during which the violation continues shall constitute
a separate offense.
(2)
Violations and legal actions. If, after investigation,
the Code Enforcement Officer finds that any provision of the section
is being violated, he shall give notice by hand delivery or by certified
mail, return receipt requested, of such violation to the owner and/or
to the occupant of such premises, demanding that violation be abated
within 30 days of the date of hand delivery or of the date of mailing
of the notice. If the violation is not abated within the thirty-day
period, the Code Enforcement Officer may institute actions and proceedings,
either legal or equitable, to enjoin, restrain or abate any violations
of this section and to collect the penalties for such violations.
(3)
Penalties. A violation of this section, or any provision thereof, shall be punishable by a civil penalty of not less than $50 nor more than $1,000 for any individual (and not more than $10,000 for any corporation, association or other legal entity) for each violation. The imposition of a fine under this section shall not be suspended. Each day of violation after the expiration of the thirty-day period provided in Subsection G(2) shall constitute a separate offense for the purpose of calculating the civil penalty.
(4)
Repealer. Sections 233-42B and 233-56E of the
Galloway Township Land Management Code are hereby repealed. All other
ordinances and parts of ordinances of Galloway Township heretofore
adopted that are inconsistent with any of the terms and provisions
of this section, including by description but not limitation, are
hereby repealed to the extent of inconsistency.
(5)
Severability. If the provisions of any section,
subsection, paragraph, subdivision or clause of this section, or other
ordinance enacted together with this section shall be judged invalid
by a court of competent jurisdiction, such judgment shall not affect
or invalidate the remainder of any section, subsection, paragraph,
subdivision or clause of same and, to this end, the provisions of
each section, subsection, paragraph, subdivision or clause of this
section, and the ordinances reenacted together with this section,
are hereby declared to be severable.
[Added 2-8-2022 by Ord. No. 2068-2022]
A.
Purpose. The purpose of this section is to promote and encourage
the use of electric vehicles by requiring the safe and efficient installation
of EVSE and make-ready parking spaces through municipal parking regulations
and other standards. EVSE and make-ready parking spaces will support
the state's transition to an electric transportation sector, reducing
automobile air pollution, greenhouse gas emissions, and stormwater
runoff contaminants. The goals are to:
(1)
Provide adequate and convenient EVSE and make-ready parking
spaces to serve the needs of the traveling public.
(2)
Provide opportunities for residents to have safe and efficient
personal EVSE located at or near their places of residence.
(3)
Provide the opportunity for nonresidential uses to supply EVSE
to their customers and employees.
(4)
Create standard criteria to encourage and promote safe, efficient,
and cost-effective electric vehicle charging opportunities in all
zones and settings for convenience of service to those that use electric
vehicles.
B.
CERTIFICATE OF OCCUPANCY
CHARGING LEVEL
(1)
(2)
(3)
ELECTRIC VEHICLE
ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT or EVSE
MAKE-READY PARKING SPACE
PRIVATE EVSE
PUBLICLY ACCESSIBLE EVSE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The certificate provided for in N.J.A.C. 5:23-2 indicating
that the construction authorized by the construction permit has been
completed in accordance with the construction permit, the act, and
the regulations. See "State Uniform Construction Code Act," P.L. 1975,
c. 217 (N.J.S.A. 52:27D-119 et seq.) and regulations adopted pursuant
thereto.
The amount of voltage provided to charge an electric vehicle
varies depending on the type of EVSE as follows:
Level 1 operates on a fifteen- to twenty-amp breaker on a 120-volt
AC circuit.
Level 2 operates on a forty- to 100-amp breaker on a 208- or
240-volt AC circuit.
Direct-current fast charger (DCFC) operates on a sixty-amp or
higher breaker on a 480-volt or higher three-phase circuit with special
grounding equipment. DCFC stations can also be referred to as rapid
charging stations that are typically characterized by industrial grade
electrical outlets that allow for faster recharging of electric vehicles.
Any vehicle that is licensed and registered for operation
on public and private highways, roads, and streets; and operates either
partially or exclusively using an electric motor powered by an externally
charged on-board battery.
The equipment, including the cables, cords, conductors, connectors,
couplers, enclosures, attachment plugs, power outlets, power electronics,
transformer, switchgear, switches and controls, network interfaces,
point of sale equipment, and associated apparatus designed and used
for the purpose of transferring energy from the electric supply system
to a plug-in electric vehicle. EVSE may deliver either alternating
current or, consistent with fast charging equipment standards, direct
current electricity. "EVSE" is synonymous with "electric vehicle charging
station."
The pre-wiring of electrical infrastructure at a parking
space, or set of parking spaces, to facilitate easy and cost-efficient
future installation of electric vehicle supply equipment or electric
vehicle service equipment, including, but not limited to, Level Two
EVSE and direct current fast chargers. Make-ready includes expenses
related to service panels, junction boxes, conduit, wiring, and other
components necessary to make a particular location able to accommodate
electric vehicle supply equipment or electric vehicle service equipment
on a "plug and play" basis. "Make-ready" is synonymous with the term
"charger ready," as used in P.L. 2019, c. 362 (N.J.S.A. 48:25-1 et
seq.).
EVSE that has restricted access to specific users (e.g.,
single and two-family homes, executive parking fleet parking with
no access to the general public).
EVSE that is publicly available (e.g., park and ride, public
parking lots and garages, on-street parking, shopping center parking,
nonreserved parking in multifamily parking lots, etc.).
C.
Approvals and permits.
(1)
An application for development submitted solely for the installation
of EVSE or make-ready parking spaces shall be considered a permitted
accessory use and permitted accessory structure in all zoning or use
districts and shall not require a variance pursuant to N.J.S.A. 40:55D-70.
(3)
All EVSE and make-ready parking spaces shall be subject to applicable
local and/or Department of Community Affairs permit and inspection
requirements.
(4)
The Zoning Officer shall enforce all signage and installation
requirements described in this section. Failure to meet the requirements
in this section shall be subject to the same enforcement and penalty
provisions as other violations of the Township of Galloway's land
use regulations.
(5)
An application for development for the installation of EVSE
or make-ready spaces at an existing gasoline service station, an existing
retail establishment, or any other existing building shall not be
subject to site plan or other land use board review, shall not require
variance relief pursuant to N.J.S.A. 40:55D-1 et seq. or any other
law, rule, or regulation, and shall be approved through the issuance
of a zoning permit by the administrative officer, provided the application
meets the following requirements:
(a)
The proposed installation does not violate bulk requirements
applicable to the property or the conditions of the original final
approval of the site plan or subsequent approvals for the existing
gasoline service station, retail establishment, or other existing
building;
(b)
All other conditions of prior approvals for the gasoline service
station, the existing retail establishment, or any other existing
building continue to be met; and
(c)
The proposed installation complies with the construction codes
adopted in or promulgated pursuant to the State Uniform Construction
Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), any safety
standards concerning the installation, and any state rule or regulation
concerning electric vehicle charging stations.
(6)
An application pursuant to Subsection C(5) above shall be deemed complete if:
(a)
The application, including the permit fee and all necessary
documentation, is determined to be complete;
(b)
A notice of incompleteness is not provided within 20 days after
the filing of the application; or
(c)
A one-time written correction notice is not issued by the Zoning
Officer within 20 days after filing of the application detailing all
deficiencies in the application and identifying any additional information
explicitly necessary to complete a review of the permit application.
(7)
EVSE and make-ready parking spaces installed at a gasoline service
station, an existing retail establishment, or any other existing building
shall be subject to applicable local and/or Department of Community
Affairs inspection requirements.
(8)
A permitting application solely for the installation of electric
vehicle supply equipment permitted as an accessory use shall not be
subject to review based on parking requirements.
D.
Requirements for new installation of EVSE and make-ready parking
spaces.
(1)
As a condition of preliminary site plan approval, for each application
involving a multiple dwelling with five or more units of dwelling
space, which shall include a multiple dwelling that is held under
a condominium or cooperative form of ownership, a mutual housing corporation,
or a mixed-use development, the developer or owner, as applicable,
shall:
(a)
Prepare as make-ready parking spaces at least 15% of the required
off-street parking spaces, and install EVSE in at least 1/3 of the
15% of make-ready parking spaces;
(b)
Within three years following the date of the issuance of the
certificate of occupancy, install EVSE in an additional 1/3 of the
original 15% of make-ready parking spaces; and
(c)
Within six years following the date of the issuance of the certificate
of occupancy, install EVSE in the final 1/3 of the original 15% of
make-ready parking spaces.
(d)
Throughout the installation of EVSE in the make-ready parking
spaces, at least 5% of the electric vehicle supply equipment shall
be accessible for people with disabilities.
(e)
Nothing in this subsection shall be construed to restrict the
ability to install electric vehicle supply equipment or make-ready
parking spaces at a faster or more expansive rate than as required
above.
(2)
As a condition of preliminary site plan approval, each application involving a parking lot or garage not covered in Subsection D(1) above shall:
(a)
Install at least one make-ready parking space if there will
be 50 or fewer off-street parking spaces.
(b)
Install at least two make-ready parking spaces if there will
be 51 to 75 off-street parking spaces.
(c)
Install at least three make-ready parking spaces if there will
be 76 to 100 off-street parking spaces.
(d)
Install at least four make-ready parking spaces, at least one
of which shall be accessible for people with disabilities, if there
will be 101 to 150 off-street parking spaces.
(e)
Install at least 4% of the total parking spaces as make-ready
parking spaces, at least 5% of which shall be accessible for people
with disabilities, if there will be more than 150 off-street parking
spaces.
(f)
In lieu of installing make-ready parking spaces, a parking lot
or garage may install EVSE to satisfy the requirements of this subsection.
(g)
Nothing in this subsection shall be construed to restrict the
ability to install electric vehicle supply equipment or make-ready
parking spaces at a faster or more expansive rate than as required
above.
(h)
Notwithstanding the provisions of this section, a retailer that
provides 25 or fewer off-street parking spaces or the developer or
owner of a single-family home shall not be required to provide or
install any electric vehicle supply equipment or make-ready parking
spaces.
E.
Minimum parking requirements.
(1)
All parking spaces with EVSE and make-ready equipment shall
be included in the calculation of minimum required parking spaces.
(2)
A parking space prepared with EVSE or make-ready equipment shall
count as at least two parking spaces for the purpose of complying
with a minimum parking space requirement. This shall result in a reduction
of no more than 10% of the total required parking.
(3)
All parking space calculations for EVSE and make-ready equipment
shall be rounded up to the next full parking space.
F.
Reasonable standards for all new EVSE and make-ready parking spaces.
(1)
Location and layout of EVSE and make-ready parking spaces is
expected to vary based on the design and use of the primary parking
area. It is expected flexibility will be required to provide the most
convenient and functional service to users. Standards and criteria
should be considered guidelines and flexibility should be allowed
when alternatives can better achieve objectives for provision of this
service.
(2)
Installation.
(a)
Installation of EVSE and make-ready parking spaces shall meet
the electrical subcode of the Uniform Construction Code, N.J.A.C.
5:23-3.16.
(b)
Each EVSE or make-ready parking space that is not accessible
for people with disabilities shall be not less than nine feet wide
or 18 feet in length. Exceptions may be made for existing parking
spaces or parking spaces that were part of an application that received
prior site plan approval.
(c)
To the extent practical, the location of accessible parking
spaces for people with disabilities with EVSE and make-ready equipment
shall comply with the general accessibility requirements of the Uniform
Construction Code, N.J.A.C. 5:23, and other applicable accessibility
standards.
(d)
Each EVSE or make-ready parking space that is accessible for
people with disabilities shall comply with the sizing of accessible
parking space requirements in the Uniform Construction Code, N.J.A.C.
5:23, and other applicable accessibility standards.
(3)
EVSE parking.
(a)
Publicly accessible EVSE shall be reserved for parking and charging
electric vehicles only. Electric vehicles shall be connected to the
EVSE.
(b)
Electric vehicles may be parked in any parking space designated
for parking, subject to the restrictions that would apply to any other
vehicle that would park in that space.
(c)
Public parking. Pursuant to N.J.S.A. 40:48-2, publicly accessible EVSE parking spaces shall be monitored by the municipality's police department and enforced in the same manner as any other parking. It shall be a violation of this section to park or stand a nonelectric vehicle in such a space, or to park an electric vehicle in such a space when it is not connected to the EVSE. Any nonelectric vehicle parked or standing in an EVSE parking space or any electric vehicle parked and not connected to the EVSE shall be subject to a fine and/or impoundment of the offending vehicle as described in the general penalty provisions of this Municipal Code. Signage indicating the penalties for violations shall comply with Subsection F(5) below. Any vehicle parked in such a space shall make the appropriate payment for the space and observe the time limit for the underlying parking area, if applicable.
(d)
Private parking. The use of EVSE shall be monitored by the property
owner or designee.
(4)
Safety.
(a)
Each publicly accessible EVSE shall be located at a parking space that is designated for electric vehicles only and identified by green painted pavement and/or curb markings, a green painted charging pictograph symbol, and appropriate signage pursuant to Subsection F(5) below.
(b)
Where EVSE is installed, adequate site lighting and landscaping
shall be provided in accordance with the Township of Galloway's ordinances
and regulations.
(c)
Adequate EVSE protection such as concrete-filled steel bollards
shall be used for publicly accessible EVSE. Nonmountable curbing may
be used in lieu of bollards if the EVSE is set back a minimum of 24
inches from the face of the curb. Any stand-alone EVSE bollards should
be three feet to four feet high with concrete footings placed to protect
the EVSE from accidental impact and to prevent damage from equipment
used for snow removal.
(d)
EVSE outlets and connector devices shall be no less than 36 inches and no higher than 48 inches from the ground or pavement surface where mounted, and shall contain a cord management system as described in Subsection F(4)(e) below. Equipment mounted on pedestals, lighting posts, bollards, or other devices shall be designated and located as to not impede pedestrian travel, create trip hazards on sidewalks, or impede snow removal.
(e)
Each EVSE shall incorporate a cord management system or method
to minimize the potential for cable entanglement, user injury, or
connector damage. Cords shall be retractable or have a place to hang
the connector and cord a safe and sufficient distance above the ground
or pavement surface. Any cords connecting the charger to a vehicle
shall be configured so that they do not cross a driveway, sidewalk,
or passenger unloading area.
(f)
Where EVSE is provided within a pedestrian circulation area,
such as a sidewalk or other accessible route to a building entrance,
the EVSE shall be located so as not to interfere with accessibility
requirements of the Uniform Construction Code, N.J.A.C. 5:23, and
other applicable accessibility standards.
(g)
Publicly accessible EVSE shall be maintained in all respects,
including the functioning of the equipment. A twenty-four-hour on-call
contact shall be provided on the equipment for reporting problems
with the equipment or access to it. To allow for maintenance and notification,
Galloway Township shall require the owners/designee of publicly accessible
EVSE to provide information on the EVSE's geographic location, date
of installation, equipment type and model, and owner contact information.
(5)
Signs.
(a)
Publicly accessible EVSE shall have posted regulatory signs,
as identified in this section, allowing only charging electric vehicles
to park in such spaces. For purposes of this section, "charging" means
that an electric vehicle is parked at an EVSE and is connected to
the EVSE. If time limits or vehicle removal provisions are to be enforced,
regulatory signs including parking restrictions shall be installed
immediately adjacent to, and visible from, the EVSE. For private EVSE,
installation of signs and sign text is at the discretion of the owner.
(b)
All regulatory signs shall comply with visibility, legibility,
size, shape, color, and reflectivity requirements contained within
the Federal Manual on Uniform Traffic Control Devices as published
by the Federal Highway Administration.
(c)
Wayfinding or directional signs, if necessary, shall be permitted at appropriate decision points to effectively guide motorists to the EVSE parking space(s). Wayfinding or directional signage shall be placed in a manner that shall not interfere with any parking space, drive lane, or exit and shall comply with Subsection F(5)(b) above.
(d)
In addition to the signage described above, the following information
shall be available on the EVSE or posted at or adjacent to all publicly
accessible EVSE parking spaces:
[1]
Hours of operation and/or time limits if time limits
or tow-away provisions are to be enforced by the municipality or owner/designee;
[2]
Usage fees and parking fees, if applicable; and
[3]
Contact information (telephone number) for reporting
when the equipment is not operating or other problems.
(6)
Usage fees.
(a)
Private EVSE: Nothing in this section shall be deemed to preclude
a private owner/designee of an EVSE from collecting a fee for the
use of the EVSE, in accordance with applicable state and federal regulations.
Fees shall be available on the EVSE or posted at or adjacent to the
EVSE parking space.
