In any district where permitted, a motor vehicle
service station shall be permitted as a conditional use subject to
the following regulations:
A. The area for use by motor vehicles, except access
drives thereto, as well as any structures shall not encroach on any
required yard area.
B. No fuel pump shall be located within 20 feet from
any side lot line nor within 35 feet of any street line.
C. No permit shall be issued for the erection of a motor
vehicle service station or for the conversion of any premises not
so used to be used for such purposes if any part of the lot or premises
in question is situated:
(1)
Within a radius of 1,000 feet of the property
line of a public school or a duly organized school other than a public
school, conducted for children.
(2)
Within a radius of 1,000 feet of the property
line of a hospital maintained as a charitable institution, or a private
hospital maintaining at least 15 beds for patients.
(3)
Within a radius of 1,000 feet of the property
line of a church with a seating capacity for 100 persons or more.
(4)
Within a radius of 1,000 feet of the property
line of a theater containing at least 100 seats.
(5)
Within a radius of 1,000 feet of the property
line of any place of public assemblage with a seating capacity of
100 persons or more.
(6)
Within a radius of 1,000 feet of the property
line of a public library.
(7)
Within a radius of 1,000 feet of the property
line of any public playground or athletic field.
(8)
Within 1,000 feet of any other motor vehicle
service station now existing in the Township.
D. All repair work, servicing, and the like shall be
done within a fully enclosed building.
E. All automobile parts, scrap material and similar articles
shall be stored within a fully enclosed building. No dismantled or
wrecked vehicles shall be stored outside a fully enclosed building
for a period in excess of 14 days.
F. The area of all driveways and other areas over which
motor vehicles will drive or be parked shall be paved with a bituminous
or concrete surface.
G. All lights used to illuminate the filling station
shall be arranged to reflect down and away from any adjoining residential
property.
H. In the event a motor vehicle service station abuts
a residential use, a wall or fence five feet in height shall be constructed
and maintained along the lot line. The character, nature and design
of such wall or fence shall be subject to the approval of the Planning
Board.
I. The minimum frontage of the site of a filling station
shall be 100 feet, and all facilities for the servicing of motor vehicles
shall be on private property and the building set back a minimum of
25 feet, and all entrances and exit driveways shall have an unobstructed
width of 15 feet.
J. No movable signs or sign shall be placed on public
property.
K. Accessory retail sales are permitted, except no merchandise
is to be stored outside of buildings.
Any eating and drinking establishment that is permitted by this
chapter shall be permitted to have an outdoor dining facility or facilities
as an accessory use to such establishment. Such outdoor dining facility
or facilities shall be required to apply for and obtain site plan
review from the Planning Board and also comply with the following
requirements:
A. Outdoor
dining may be conducted only in districts zoned for business.
B. Outdoor
dining will be restricted to only those establishments currently conducting
indoor dining business. Outdoor dining shall be limited to the rear
yard or side yard of the property or the sidewalk area immediately
in front of the establishment's building or store front.
C. Any outdoor
dining facility in a rear or side yard shall be screened from neighboring
properties and parking areas by means of decorative fencing and/or
vegetation.
D. No owner
or occupant of any premises shall engage in or allow dining on any
public sidewalk without having first obtained an outdoor dining facility
license, and such dining shall comply with all of the provisions contained
in the Little Falls Code.
E. All Sanitary
Code, alcoholic beverage requirements, and all other laws and regulations
shall apply to the outdoor seating unless specifically excluded.
[Added 10-17-2016 by Ord.
No. 1245]
The primary purpose of the solar energy system will be to provide
power for the principal use of the property whereon the said system
is to be located and shall not be for the generation of power for
commercial purposes for resale, other than as permitted by net metering
laws. Solar energy systems shall be permitted as a conditional use
in all the zones in the Township of Little Falls in accordance with
the following standards:
A. Residential zones:
(1)
Ground-mounted solar energy can be located in the residential
zones in accordance with the following:
(a)
Shall not be located within any front yard, easement or utility
line or along the front wall of the principal building.
(b)
Such systems shall maintain the side and rear yard setbacks
as stipulated within the respective zoning district.
(c)
Ground-mounted solar energy systems shall not exceed 400 square
feet.
(d)
Such systems shall not exceed 10 feet in height.
(e)
Adequate screening in the form of four-season plantings shall
be provided along the property line.
(f)
Ground-mounted solar energy systems shall not be categorized
as accessory buildings.
(g)
Systems shall be located and installed so that the sun glare
is directed from an adjoining property line or public right-of-way.
(h)
Systems shall be designed by using materials, colors, textures,
screening and landscaping that will blend into the natural setting
and existing environment.
(2)
Roof-mounted solar energy systems shall be permitted on a conforming
single-family or two-family residential building, provided the systems
are in accordance with the following:
(a)
In no event shall the placement of the solar panels result in
the total height, including the building and panels, exceeding what
is permitted in the zoning district.
(b)
In no instance shall any part of the system extend beyond the
edge of the roof.
(c)
If solar systems are attached to accessory buildings, then such
systems shall not be located in the front yard and shall not be less
than six feet from any side or rear property line.
(d)
Rooftop installations must not interfere with any operation
of plumbing fixtures protruding from the rooftop level as required
by the New Jersey Plumbing Codes.
(3)
Utility notifications and interconnection. Solar systems that
connect to the electric utility shall comply with New Jersey's Net
Metering and Interconnection Standards for Class I Renewable Energy
Systems at N.J.A.C. 14:4-9.
B. Nonresidential zones:
(1)
Roof-mounted solar energy systems in nonresidential zones shall
be in accordance with the following:
(a)
In no instance shall any part of the system extend beyond the
peak of the roof, extend beyond the maximum height of the roofline
or exceed the maximum height permitted for a principal building in
the respective zone.
(b)
The design of solar energy systems shall, to the extent reasonably
possible, use materials, colors, textures, screening and landscaping
that will blend into the natural setting and existing environment.
(c)
Rooftop installations must not interfere with any operation
of plumbing fixtures protruding from the rooftop level as required
by the New Jersey Plumbing Codes.
(d)
All applicable building codes must be followed.
(e)
If located on a flat roof, then adequate screening should be
provided in order to not be visible from the public right-of-way,
parking lots and adjacent property. Sight-line drawings depicting
the visual sight lines from the right-of-way, parking lots and adjacent
properties should be provided at the time of site plan review.
(2)
Ground-mounted solar energy systems, provided:
(a)
Solar panels may be installed on a ground-mounted apparatus
only on lots with a minimum lot size of five acres.
(b)
Shall not be located within the front yard, easement or utility
line and along the front facade of the building.
(c)
Such systems shall not exceed 10 feet in height.
(d)
Systems shall be located and installed so that the sun glare
is directed from an adjoining property line or public right-of-way.
(e)
Systems shall be designed by using materials, colors, textures,
screening and landscaping that will blend into the natural setting
and existing environment.
C. Solar energy commercial operations are prohibited as a principal
use. These are systems whose main purpose is to generate energy back
into the energy grid systems rather than being consumed on site.
D. Signs. There shall be no signs that are visible from any public road posted on a solar energy system or any associated building, except for the manufacturer's or installer's identification in accordance with Subsection
F below, appropriate warning signs or owner identification. Solar energy systems shall not be used for displaying any advertising except for small and reasonable identification of the manufacturer or operator of the system. In no case shall any identification sign be visible from a property line.
E. Utility notifications and interconnection. Solar systems that connect
to the electric utility shall comply with New Jersey's Net Metering
and Interconnection Standards for Class I Renewable Energy Systems
at N.J.A.C. 14:4-9.
F. Labeling requirements.
(1)
A minimum of one sign shall be posted near ground level on the
interconnection cabinet warning of high voltage. In addition, the
following information shall be posted on a label or labels on the
interconnection cabinet of the solar energy system:
(a)
The maximum power output of the system.
(b)
Nominal voltage and maximum current.
(c)
Manufacturer's name, address and telephone number.
(d)
Serial number and model number.
(e)
Emergency and normal shutdown procedures.
(2)
Should the solar energy system interconnection cabinet be located
on the inside of a structure, a sign notifying the existence of a
solar energy system shall be placed on the outside of the building,
near the electrical and/or gas meter, in order to notify emergency
personnel of the solar energy system.
G. Standards for and regulation of solar energy systems.
(1)
Construction. Solar energy system construction shall be in accordance
with the appropriate sections of the Basic Building Code as adopted
and as currently amended by the State of New Jersey and any future
amendments and/or revisions to same.
(2)
The installation of a solar energy system shall conform to the
National Electrical Code as adopted by the NJDCA and/or any other
applicable agency with jurisdiction. The installation of a solar energy
system is subject to any and all of the electric utility company's
requirements for interconnection, and its successors and assigns,
and/or designated by state authority, in perpetuity.
(3)
The design of any solar energy system shall be signed and sealed
by a professional engineer, licensed in the State of New Jersey, certifying
that the design complies with all the standards set forth for safety
and stability in all applicable codes then in effect in the State
of New Jersey and all sections referred to hereinabove.
(4)
Utility company notification. The appropriate electric utility
company, its successors and assigns, and/or as designated by state
authority, shall be notified, in writing, by the applicant of any
proposed interface to the company's grid prior to installing such
interface, and it shall conform to any legislated requirements governing
installations of solar energy systems so as to comply with the utility
tariff specifications. Evidence of such notification shall be submitted
at the time of application for conditional use approval and building
permit.
H. All electric/utility lines shall be located underground. All electric
and utility lines leading down the side of the structure from rooftop
installations shall be placed and tacked as aesthetically as possible.
I. Any approval of a solar energy system does not create any actual
or inferred solar energy system easement against adjacent property
and/or structures. The owner and/or property owner of a solar energy
system shall not infer or claim any rights to protective writs to
any caused shadows or operating ineffectiveness against future development
adjacent to or higher than the property location of the solar energy
system. Although the Township of Little Falls may, to an extent possible,
attempt to mitigate or prevent the occurrence or cause of shadows
or operating ineffectiveness of existing solar energy systems, the
approval of any solar energy system granted by the Township of Little
Falls under this section shall not create any future liability or
infer any vested rights to the owner and/or property owner of the
solar energy system on the part of the Township of Little Falls or
by any other officer or employee thereof for any future claims against
said issuance of approval of the solar energy system that results
from reliance on this section or any administrative decision lawfully
made thereunder.
J. No equipment, framing or other materials directly related to solar
operations for any residential or commercial use shall be abandoned
in place, and whereby after a unit is nonfunctional or no longer in
use, it must be dismantled and removed in its entirety within 120
days.
K. Approval requirements.
(1)
Site plan approval. Site plan approval from the Planning Board
or Board of Adjustment, as appropriate, shall be required for the
installation of a solar energy system.
(2)
Documents. The site plan application shall be accompanied by
a plot plan, which includes the following:
(a)
Property lines and physical dimensions of the property.
(b)
Location of the proposed solar energy system.
(c)
The right-of-way of any public road that is contiguous with
the property.
(d)
Any overhead utility lines.
(e)
Manufacturer solar energy system specification/cut sheets certified
by a licensed New Jersey engineer, including manufacturer and model.
(f)
A visual site distance analysis must be submitted, including
all photos of the subject property, that graphically simulates the
appearance of any proposed solar energy system and indicates its view
from at least five locations around the property.
(g)
Notification of utility company for interconnection purposes.
(h)
The documents and plans shall contain enough information and
accurately depict the installation of the solar energy system for
the Township of Little Falls to make a formal decision on the application.
The amount of information and accuracy of information shall be in
the sole judgment of the administrative officer.
L. Expiration. A permit issued for an application approved by the Planning
Board or Zoning Board of Adjustment, if appropriate, shall expire
if:
(1)
The solar energy system is not installed and functioning within
12 months from the date the permit is issued; or
(2)
The solar energy system is out of service or otherwise unused
for a continuous twelve-month period.
M. Administration and enforcement.
(1)
This section shall be administered by the administrative officer
or other official as designated.
(2)
The administrative officer may enter any property for which
a permit has been applied for and/or issued under this section to
conduct an inspection to determine whether the conditions stated in
the permit have been met.
(3)
At the discretion of the Administrator and/or Township of Little
Falls Construction Office from which a zoning, building and/or electrical
permit was obtained, as applicable, the Township reserves the right
to require the applicant to obtain and submit an "as-built" survey
upon completion of the solar energy system evidencing the exact location
and height of the structures to ensure said installation is made in
accordance with the requirements of the Township of Little Falls.
(4)
The administrative officer may issue orders to abate any violation
of this section.
(5)
The administrative officer may issue a citation for any violation
of this section.
(6)
The administrative officer may refer any violation of this section
to legal counsel for enforcement.
N. Violations.
(1)
It is unlawful for any person to construct, install, or operate
a solar energy system that is not in compliance with this section.
(2)
Any person who fails to comply with any provision of this section
shall be subject to enforcement and penalties as stipulated in this
chapter and article.
(3)
Nothing in this section shall be construed to prevent the Township
Council and/or administrative officers of the Township of Little Falls
from using any other lawful means to enforce this section.
O. Any solar energy systems installed prior to the adoption of this
section are exempt from the provisions of this section.
[Added 10-17-2016 by Ord.
No. 1246]
A small wind energy system shall be permitted as a conditional
use in all the zones in the Township of Little Falls in accordance
with the following standards:
A. Residential zones:
(1)
Ground-mounted wind energy systems are not permitted in any
residential zones.
(2)
Roof-mounted wind energy systems, whose primary purpose is to
provide power for the principal use of the property whereon the said
system is to be located and shall not be for the generation of power
for commercial purposes for resale, can be located in residential
zones in accordance with the following:
(a)
The minimum distance between a roof-mounted wind energy system
and a property line shall be equal to or greater than the minimum
front, side or rear yard setback applicable to the main building.
(b)
The total height of the roof-mounted structure shall not exceed
five feet above the ridge of the roof. The said system shall not be
placed on top of any architectural features such as cupola, chimney
etc.
(c)
The wind energy system shall not be artificially lighted.
(d)
No portion of the roof-mounted wind energy system shall extend
beyond the edge of the building to which it is attached.
(3)
Small decorative wind turbines. Small wind turbines less than
one meter in diameter that use direct current solely for decorative
or yard lighting are exempt from the above-mentioned requirements.
B. Nonresidential zones:
(1)
Minimum lot size. The minimum lot size for a small wind energy
system shall be five acres.
(2)
Setbacks. A wind tower for a small wind energy system shall
not be located within any front yard, easement or utility line and
shall maintain the setback of the underlying zone. No portion of the
wind generator shall extend beyond the setback line or into the following:
(a)
Any public road right-of-way.
(b)
Any overhead utility lines, unless written permission is granted
by the utility that owns and/or controls the lines.
(3)
Pole-mounted wind towers shall not be higher than 25 feet from
existing grade.
(4)
Access.
(a)
All ground-mounted electrical and control equipment shall be
labeled and secured to prevent unauthorized access.
(b)
The tower shall be designed and installed so as to not provide
step bolts, a ladder, or other publicly accessible means of climbing
the tower, for a minimum height of eight feet above the ground.
C. Electrical wires. All wires associated with a small wind energy system,
other than wires necessary to connect the wind generator to the tower
wiring, the tower wiring to the disconnect junction box, and the grounding
wires, shall be located underground.
D. Lighting. A wind tower and generator shall not be artificially lighted
unless such lighting is required by the Federal Aviation Administration,
and it is subject to Planning Board and Board of Adjustment approval
as part of the site plan process.
E. Appearance, color and finish. The wind generator and tower shall
be nonobtrusive and shall be painted or finished so as to minimize
their visual impact on the surrounding landscape.
F. Signs. All signs, other than the manufacturer's or installer's identification,
appropriate warning signs, or owner identification, on a wind generator,
tower building, or other structure associated with a small wind energy
system visible from any public road shall be prohibited. Small wind
energy systems shall not be used for displaying any advertising except
for small and reasonable identification of the manufacturer or operator
of the system. In no case shall any identification sign be visible
from a property line.
G. Code compliance. A small wind energy system including tower shall
comply with all applicable construction and electrical codes and the
National Electrical Code.
H. Utility notification and interconnection. Small wind energy systems
that connect to the electric utility shall comply with New Jersey's
Net Metering and Interconnection Standards for Class I Renewable Energy
Systems.
I. Met towers shall be permitted under the same standards, permit requirements,
restoration requirements and permit procedures as a small wind energy
system.
J. For wind speeds in the range of 0-25 miles per hour, the noise level
of any small wind energy system shall not: exceed 60 dBA measured
from any property line; or be in excess of 5 dBA above the background
noise, whichever is greater, as measured at the closest neighboring
inhabited dwelling. The measurement will be taken downwind of the
turbine to account for the canceling effect of the sound of the wind
itself. The provisions within this section shall not be applicable
to the increased sound levels during the occurrence of short-term
events such as storms and utility outages.
K. Approval requirements.
(1)
Site plan approval. Site plan approval from the Planning Board
or Board of Adjustment, as appropriate, shall be required for the
installation of a small wind energy system.
(2)
Documents. The site plan application shall be accompanied by
a plot plan which includes the following:
(a)
Property lines and physical dimensions of the property.
(b)
Location, dimensions and types of existing structures on the
property.
(c)
Location of the proposed small wind energy system.
(d)
The right-of-way of any public road that is contiguous with
the property.
(e)
Any overhead utility lines.
(f)
Small wind energy system specifications, including manufacturer
and model, rotor diameter, tower height and tower type.
(g)
Stamped, engineered tower and tower foundation drawings.
(h)
Noise levels of the proposed wind energy system at all property
lines and at the closest neighboring inhabited dwelling.
(i)
A visual site distance analysis must be submitted, including
all photos of the subject property, that graphically simulates the
appearance of any proposed small wind energy system and indicates
its view from at least five locations around and within one mile of
the proposed tower.
L. Expiration. A permit issued for an application approved by the Planning
Board or Zoning Board of Adjustment, if appropriate, shall expire
if:
(1)
The small wind energy system is not installed and functioning
within 24 months from the date the permit is issued; or
(2)
The small wind energy system is out of service or otherwise
unused for a continuous twelve-month period.
M. Abandonment.
(1)
A small wind energy system that is out of service for a continuous
eighteen-month period will be deemed to have been abandoned.
(2)
The administrative officer may issue a notice of abandonment
to the owner of a small wind energy system that is deemed to have
been abandoned. The notice shall be sent return receipt requested.
(3)
The owner shall have the right to respond to the notice of abandonment
within 30 days from notice receipt date.
(4)
If the owner provides information that demonstrates the small
wind energy system has not been abandoned, the administrative officer
shall withdraw the notice of abandonment and notify the owner that
the notice has been withdrawn.
(5)
If the administrative officer determines that the small wind
energy system has been abandoned, the owner of the small wind energy
system shall remove the wind generator from the tower at the owner's
sole expense within six months after the owner receives the notice
of abandonment.
(6)
If the owner fails to remove the wind generator from the tower in the time allowed under Subsection
M(5) above, the administrative officer may pursue legal action to have the wind generator removed at the owner's expense.
N. Violations. It is unlawful for any person to construct, install,
or operate a small wind energy system that is not in compliance with
this section.
O. Administration and enforcement.
(1)
This section shall be administered by the administrative officer
or other official as designated.
(2)
The administrative officer may enter any property for which
a permit has been issued under this section to conduct an inspection
to determine whether the conditions stated in the permit have been
met.
(3)
The administrative officer may issue orders to abate any violation
of this section.
(4)
The administrative officer may issue a citation for any violation
of this section.
(5)
The administrative officer may refer any violation of this section
to legal counsel for enforcement.
P. Penalties.
(1)
Any person who fails to comply with any provision of this section
shall be subject to enforcement and penalties as stipulated in chapter
and section of the appropriate zoning code.
(2)
Nothing in this section shall be construed to prevent the appropriate
Township of Little Falls Board from using any other lawful means to
enforce this section.
Q. Severability. The provisions of this section are severable, and the
invalidity of any section, subdivision, paragraph, or other part of
this section shall not affect the validity or effectiveness of the
remainder of the section.
Approvals granted by the Planning Board shall
expire within the times provided in the Municipal Land Use Law (N.J.S.A.
40:55D-1 et seq.).