Township of Andover, NJ
Sussex County
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Table of Contents
Table of Contents
A. 
Essential services are utility installations, electric stations and uses generally related to the supply of energy to activities and uses in the Township. Because of the wide range of uses which constitute essential services, no specific regulations are contained in this chapter. Each use shall be evaluated by the Board and standards imposed based on the following:
(1) 
Degree an intensity of nuisance characteristics.
(2) 
Probable traffic impact.
(3) 
Character of surrounding existing and future development.
B. 
The Board may require alternate site arrangements and provisions for parking, loading, screening, fencing, buffers and lighting.
A. 
Public or private institutions of education for primary and secondary compulsory education shall conform to the following criteria:
(1) 
Minimum tract size: 10 acres.
(2) 
There shall be a buffer strip between school playgrounds and adjoining residences, of evergreen or other appropriate planting, as approved by the Board.
(3) 
There shall be no substantial adverse impact upon surrounding properties due to traffic, noise, light, or other factors.
B. 
Public or private preschool establishments providing nursery, day-care or similar education-type activities shall conform to the following criteria:
(1) 
There shall be a buffer strip between playgrounds and adjoining residences, of evergreen or other appropriate planting, as approved by the Board.
(2) 
There shall be no substantial adverse impact upon surrounding properties due to traffic, noise, light, or other factors.
A. 
General. In reviewing the site plan for houses of worship, the Board shall make particular note of ancillary uses, such as social events, recreational activities, convocations and similar activities. Reasonable requirements shall be established to minimize any adverse impact to the surrounding area.
B. 
Minimum requirements.
(1) 
Minimum lot area: five acres.
(2) 
Minimum front yard setback: 75 feet.
(3) 
Minimum side yard setback: 50 feet.
(4) 
Minimum rear yard setback: 75 feet.
(5) 
Maximum impervious surface coverage: 40%.
(6) 
Maximum lot coverage: 20%.
A. 
Minimum lot size: five acres.
B. 
Structure setback. Structures housing animals and exercise areas for animals shall be at least 200 feet from any property line.
C. 
Minimum yards. Minimum front, rear and side yards shall be at least 200 feet each, except if abutting a residence or a residential zone. In this case the Board may require additional setbacks to provide adequate buffers and to protect adjacent uses from nuisance characteristics.
D. 
Maximum height. The maximum height of such uses shall be two stories or 25 feet.
A. 
Minimum lot size: 10 acres.
B. 
Minimum frontage: 400 feet.
C. 
Minimum setbacks. All structures, parking areas and recreation facilities shall be set back a minimum of 100 feet from all property lines.
D. 
Swimming pool setback. Swimming pools, other than private residential swimming pools under 3,499 square feet, shall have a setback from any property line of 300 feet. A pool of greater than 3,500 square feet shall have a setback of 400 feet.
E. 
Nuisance restrictions.
(1) 
If outdoor lighting is provided, it shall be shielded and arranged in such a manner that source and object of illumination shall not be visible from any adjoining property.
(2) 
Public address systems or any other amplified sounds are prohibited.
F. 
Access. Direct access from a local minor road, as defined in the Master Plan, is prohibited.
A. 
Minimum lot size: four acres.
B. 
Minimum lot width: 300 feet.
C. 
Accessory uses. Used cars, machinery, equipment or vehicles shall not be sold, except as an accessory use to a new car, machinery or equipment dealer or in accordance with Chapter 78, Licensing, and Chapter 183, Vehicles, Sales of, of the Code of the Township of Andover.
D. 
Minimum building size: 2,500 square feet of usable floor area.
E. 
Maximum coverage. The area devoted to outside display of new and used cars, machinery, equipment or vehicles shall not exceed the area of the building or 25% of the total lot area, whichever is greater.
F. 
All outdoor display and service areas, including driveways and parking facilities, shall be paved.
G. 
Vehicles, machinery and construction equipment shall be kept at least 50 feet from the right-of-way and property lines and be neatly arranged on the lot.
H. 
The front yard shall be attractively landscaped.
I. 
Lighting. Display lighting shall be shielded and shall be so located and maintained as not to constitute a hazard or nuisance to the traveling public or to neighbors. In particular, so-called "string lights" shall not be permitted.
J. 
Additional restrictions. The Board may impose other reasonable restrictions on these uses as part of site plan review.
A. 
Minimum lot size: 30,000 square feet.
B. 
Minimum frontage: 150 feet.
C. 
Bulk requirements:
(1) 
Rear yard setback: 50 feet.
(2) 
Side yard setback: 20 feet.
(3) 
Maximum building height: 2 1/2 stories or 35 feet.
D. 
Front yard. Pumps shall be located at least 40 feet from the right-of-way line.
E. 
The applicant shall meet the requirements contained in § 190-54 with regard to the storage of oil or petroleum of any kind and in any form, including but not limited to oil, petroleum, gasoline, kerosene, fuel oil, oil sludge, oil refuse, oil mixed with other wastes, crude oils and liquid propane.
The keeping of horses, ponies or other equine animals where stall space is rented for more than one horse, horses are available for hire, riding lessons or instruction is undertaken on the premises or similar activities are conducted is regulated as follows:
A. 
Structures. Housing of equine animals must be provided in permanent, anchored barns for all horses on the property at which the horses are kept beyond two days and two nights. Each horse must be provided with a box stall or straight stall. Horses shall not be housed in horse travel trailers. Barns shall further be regulated according to the following:
(1) 
Each box stall should be at least 100 square feet.
(2) 
Each straight stall should be at least five by eight feet.
(3) 
Minimum floor area of a barn should be 125 square feet.
(4) 
Enclosed roof storage must be provided for hay, straw, feed and tack.
(5) 
Rodent-proof feed containers must be provided and used.
(6) 
Barns must be located in the rear of the property.
(7) 
Barns must be located no closer than 75 feet to the side or back property line boundaries.
B. 
Parking.
(1) 
One-half permanent paved parking space shall be required for each horse housed or ridden in the arena on the property.
(2) 
Sufficient temporary field parking should be provided for special events.
(3) 
Police ordinance requires special permits for show events to be acquired through the Township Committee and Police Department.
C. 
Minimum land area: nine acres.
D. 
Minimum frontage: 400 feet.
E. 
Equine density. For nine acres, up to 20 equine animals are permitted on the lot, five acres of which shall be accessible to the animals. Two additional animals may be permitted for each additional acre accessible to those equine animals.
F. 
Disposition of manure.
(1) 
Manure may not be kept in any area of the fifty-year floodplain nor within 50 feet of any brooks or watercourses.
(2) 
Manure disposal area must be in a low-profile position, cause no nuisance, and be at least 50 feet from a property line and no closer than 200 feet to any other existing residential purpose permanent building or structure, attached garage, swimming pool, tennis court or patio located on adjoining premises.
(3) 
The manure must be collected from the barn area and maintained or disposed of in a sanitary manner. If stored, a covered enclosure or covered pit should be provided to prevent offensive odors, fly breeding and other nuisances.
G. 
Horse vans and trailers. Vehicles intended for the transportation of recreational horses, such as vans and trailers, may be stored on the premises provided they do not violate the provisions of any other ordinance of Andover Township.
H. 
Lessons and boarding. Giving riding lessons or instructions, leasing of horses or other similar activities or boarding or housing other people's horse or horses is permitted if a conditional use permit is issued for a stable and riding academy hereunder. The term “horses” herein shall be determined to include all equine animals as defined in this chapter.
The warehousing, storage, wholesaling or retailing of materials listed herein shall not be conducted until a conditional use permit is issued from the reviewing board. Such permit shall be granted only if the applicant meets the conditions listed herein.
A. 
Conditions of approval.
(1) 
The applicant shall include in the publication of application, and in the notice to surrounding property owners and other notice as required by N.J.S.A. 40:55D-12, the specific description of the material to be warehoused, stored or wholesaled.
(2) 
The applicant shall prove that the materials can be stored and used safely on the property and in accordance with all applicable governmental laws, rules and regulations. Specific details of the proposed use and storage facilities for the subject materials shall be submitted to the reviewing municipal board.
(3) 
The materials or their by-products shall not be disposed of or discharged on the premises and shall not be discharged into on-premises septic or sewage disposal systems.
(4) 
There shall be no detriment to the public health and safety of residents in the neighborhood or community.
(5) 
No materials or wastes shall be deposited on a lot in such form or manner that they may be transferred off the lot by natural causes or forces.
(6) 
All materials shall be stored in a secure manner so that they may not be removed by unauthorized persons.
(7) 
No substance or material that has the potential to contaminate a stream, watercourse, groundwater supply or aquifer or otherwise render such stream, watercourse, groundwater supply or aquifer undesirable as a source of potable water or recreation, or which can destroy aquatic life, shall be permitted to enter any stream, watercourse, groundwater supply or aquifer. The applicant shall provide the Board with competent evidence that this condition has been met.
(8) 
All materials or wastes that may cause fumes or dust, or which could constitute a fire hazard, or which may be edible or otherwise attractive to rodents or insects, shall be stored indoors and enclosed in appropriate containers adequate to eliminate such hazards.
(9) 
The applicant shall prove to the Board that the use does not emit excessive or exceptional amounts of dust, fumes, noise, odor, smoke, vibration, glare or waste products and does not constitute an excessive fire or explosive hazard or a hazard beyond the capabilities of the Township Fire Department.
B. 
Materials covered:
(1) 
Oil or petroleum of any kind and in any form, including but not limited to oil, petroleum, gasoline, kerosene, fuel oil, oil sludge, oil refuse, oil mixed with other wastes, crude oils and liquid propane.
(2) 
All pesticides designated as "prohibited," "restricted" or "specifically restricted" pursuant to the New Jersey Pesticide Control Act of 1971, N.J.S.A. 13:1F-1 et seq., as amended, and N.J.A.C. 7:30-1.5 through 7:30-1.7; excepted from this subsection are pesticides used for agricultural uses as defined in this chapter.
(3) 
Any use which directly or indirectly utilizes materials listed in N.J.A.C. 7:26-6.13 and 7:26-6.14.
(4) 
Substances identified as hazardous by the Federal Environmental Protection Agency as 40 FR 59961, December 30, 1975, proposed pursuant to Section 311(b)(2)(a) of the Federal Water Pollution Control Act, Amendments of 1972, 53 U.S.C. § 1251 et seq., as amended.
(5) 
Explosives.
(6) 
Gases.
(7) 
Acids.
(8) 
Plastics.
(9) 
Halogenated hydrocarbons and their derivatives.
(10) 
Fireworks.
(11) 
Weapons.
(12) 
Wood distillables.
(13) 
Any other dangerous, hazardous or toxic materials.
A. 
Except as otherwise permitted in this section, no repair garage shall store wrecked, damaged, disassembled (either whole or in part) or abandoned motor vehicles, boats or used automotive or marine parts or used supplies or materials thereof.
B. 
The temporary storage of wrecked, damaged or disassembled and abandoned motor vehicles is permitted as follows:
(1) 
Such vehicles may be stored on a temporary basis while insurance claims are being processed or while junk title is being obtained from the Division of Motor Vehicles. Temporary storage is also permitted of abandoned motor vehicles pending disposition of court complaints or the processing of junk title being obtained from the Division of Motor Vehicles; provided, however, that such vehicles have been brought or stored there at the direction or request of a local, county, state or federal law enforcement agency.
(2) 
Such vehicles shall be located in a rear yard and screened so that no stored vehicle or equipment shall be visible off premises.
(3) 
On corner lots in those cases where no rear yard exists, storage areas are restricted to the single side yard behind the line projected by the building face and subject further to all the regulations set forth in this section.
(4) 
In no event shall storage be closer than 10 feet to any property line.
(5) 
In no event shall the temporary storage of more than 10 such vehicles be permitted simultaneously at any one public garage or gasoline service station. The area of such storage shall be maintained in a clean and safe manner, free from all debris, glass, loose parts and leaking fuel, lubricants and other fluids.
Conditions of approval.
A. 
The applicant shall be a radio station licensed by the Federal Communications Commission (FCC).
B. 
The FCC licensed radio station shall be existing in Andover Township as of July 1998.
C. 
Site plan approval shall be required.
[Added 4-26-2010 by Ord. No. 2010-05]
Concrete and asphalt product and production facilities in the General Industrial Zone district are subject to the following requirements:
A. 
Lot area.
(1) 
Minimum lot area: 20 acres.
(2) 
Minimum lot width: 500 feet.
B. 
Coverage standards.
(1) 
Maximum building and structure (principal and accessory) coverage: 15%.
(2) 
Maximum impervious surface coverage: 40%.
C. 
Principal building.
(1) 
Front yard setback: 300 feet.
(2) 
Side and rear yard(s) setback: 200 feet.
(3) 
Maximum building height: 75 feet.
D. 
Accessory buildings and structures.
(1) 
Storage silos, bins and/or hoppers for containment of raw materials shall not exceed a maximum height of 125 feet and shall be located to provide a minimum setback ratio of 2.5 times the height of the building or structure to a side or rear lot line. Storage silos, bins and/or hoppers for containment of raw materials shall not be located within the restricted one-hundred-foot buffer area to a residential zone district or an existing residential use in accordance with § 131-37M nor shall same be permitted within the required front yard setback applicable to the principal building.
(2) 
Off-street parking may be permitted within 50 feet of a front, side or rear lot line but shall not be permitted within the restricted one-hundred-foot buffer area to a residential zone district or an existing residential use in accordance with § 131-37M.
E. 
Outdoor storage. Notwithstanding the restrictions pertaining to outdoor storage as set forth in § 190-21 of this chapter, designated areas for the storage of materials utilized in the production process and finished products may be located in the front, side or rear yard setback applicable to the principal building subject to the following conditions:
(1) 
No storage or placement of materials or products or loading/ unloading operations shall be located within the restricted one-hundred-foot buffer area to a residential zone district or an existing residential use in accordance with § 131-37M.
(2) 
Storage or placement of materials or products and loading operations may be located within 50 feet of a front, side or rear lot line, except where the one-hundred-foot residential buffer standard applies. All storage areas must be designed with appropriate design elements, including landscaping, graded berms, solid walls or a combination thereof, to provide a visual screen of said activities from view beyond the boundaries of the site. Said buffer shall consist of a minimum depth of 40 feet and shall extend along the entire length of the storage and/or loading area.
(3) 
All raw materials shall be placed upon an impervious surface and be designed to have a solid wall on the side(s) and rear for containment purposes.
(4) 
The preservation of natural wooded tracts shall be an integral part of all site plans and may be calculated as part of the required buffer area, provided that the growth is of a density and the area is of a width to serve the purpose of a buffer. Where additional plantings are necessary to establish an appropriate tone for an effective buffer, said planting may be required.
(5) 
Trees shall be of a species common to the area, of nursery stock and free of insects and disease. A minimum of 1/3 of the trees provided in the buffer plan must have a caliper of three inches at planting.
(6) 
The buffer area shall remain in place for the duration of the approved activity. Any plant material which does not live shall be replaced within one year or one growing season.
(7) 
Screen plantings and landscaping shall be broken at points of vehicular and pedestrian access to assure a clear sight triangle.