Article XXVIII General Provisions

Except for concurrent license operations by a preexisting alternative treatment center Class 1 cannabis cultivation, Class 2 cannabis manufacturing, Class 3 cannabis wholesale and Class 4 cannabis distribution is hereby prohibited from operating and/or being located anywhere within Boonton Township.

Class 5 cannabis retailers and cannabis retail establishments are hereby prohibited from operating and/or being located from anywhere within Boonton Township.

Class 6 cannabis delivery services are hereby prohibited from operating anywhere in Boonton Township, except for the delivery of cannabis items and related supplies directly to a consumer for personal use by a New Jersey licensed cannabis delivery service having its licensed premises based at a location outside the geographic boundaries of the Township.

Outdoor storage of commercial vehicles in any commercial zone without an approved business use in the zone occupying an approved site plan. The principal business use on the site cannot be to store vehicles outside the premises.

[Added 10-10-2023 by Ord. No. 927]

§ 102-142 Lot area.

Requirements to be met on lot and within zone district. Unless otherwise provided herein, all yards, open spaces and off-street parking must be contained on the lot and within the zone district in which the use is located.

Required area or space. No lot, yard, parking area or other space shall be so reduced in area or dimension as to make said area or dimension less than the minimum required under this chapter. If already less than the minimum required under this chapter, said area or dimension shall not be further reduced.

§ 102-143 Principal buildings.

Only one principal building may be erected on a lot, except for related buildings forming one principal use in the same ownership and limited to the following:

Multifamily housing complexes, such as townhouse developments.

Public or institutional building complexes.

Office or industrial building complexes in the OB and BP Zones.

Unless otherwise regulated in this Part 9, no principal building shall be located closer to another building than the height of the taller building.

In addition, multiple principal buildings and uses are permitted as conditional uses in the BP Zone in accordance with the provisions of § 102-192.

No building to be used as a dwelling shall be constructed, altered or moved on, to or in the rear of any building situated on the same lot.

In addition, multiple principal buildings are permitted as a conditional use in the RB Zone in accordance with the provisions of § 102-190.

[Added 3-14-2016 by Ord. No. 845]

§ 102-144 Accessory buildings.

[Amended 9-14-1998 by Ord. No. 576]

Structures which are accessory to a principal building or use shall require a permit and shall be subject to the regulations below. Unless otherwise provided, these regulations shall apply to both accessory buildings and to accessory structures other than accessory buildings. These regulations shall not apply to signs, tennis courts, communication antennas and fences, which are regulated elsewhere in this chapter, unless otherwise indicated.

Accessory structures in residence districts.

A maximum of two accessory buildings or structures, excluding patios, trellises, flagpoles and similar surface installations and ornamental features, shall be permitted on one lot and their combined floor area may not be greater than the ground floor area of the main building or structure on the same lot nor 1,500 square feet; provided, however, that barns and other accessory structures used for farming or horticultural purposes shall not be subject to this restriction.

No accessory building or structure shall exceed the height of the main building or structure or 14 feet, whichever results in the lesser height; provided, however, that the height of barns and other accessory structures used for farming or horticultural purposes shall not be subject to this restriction. Any accessory structure that exceeds 14 feet in height as above permitted shall be set back from any property line a distance that is not less than the height of said accessory structure.

No accessory building or structure shall be permitted in any required front yard.

All accessory buildings and structures shall be located a distance from any main building situated on the same lot that is not less than the height of said accessory building.

Accessory buildings and structures built in any rear yard shall not be closer than 10 feet to any side or rear property line of the lot containing said accessory building.

Accessory buildings and structures may be built within any side yard if the distance from any accessory building to the side line of the lot is equal to or greater than the required side yard setback for the main building on said lot.

The total lot coverage of all accessory buildings and structures including the water surface area of a swimming pool and the surface of a tennis court or similar recreational court, including side and back courts, located in the rear yard, shall not exceed 20% of the rear yard area.

(8)

The total lot coverage of all accessory structures, excluding swimming pools and tennis courts or similar recreational courts, shall not exceed the lesser of 4% of the lot area or 100% of the ground coverage of the main building.

(9)

Accessory buildings and structures on corner lots shall not be erected nearer to any street side line than the front yard setback required on the lot adjacent to the rear lot line of the lot upon which the accessory building is located.

(10)

Additional provisions pertaining to accessory buildings are contained in § 102-150.

(11)

Accessory buildings and structures specifically include any membrane structure, which, if used as a garage, shall also comply with the requirements of § 102-150.

Accessory buildings in the OB and BP Districts. Accessory buildings in nonresidence districts shall meet all the requirements applicable to principal buildings.

Excepting height limitations, the provisions of this section shall not apply:

To flagpoles, lampposts, cooking grills and similar ornamental or utility fixtures.

To patios, sidewalks and similar installations, except that any such structure located more than one foot above grade shall meet requirements for setbacks from property lines.

To statues, monuments, flower boxes and similar ornamental or landscaping objects, provided that the same are located a distance of not less than the height of the object from any property line.

§ 102-147 Fences and walls; fencing for deer control.

Notwithstanding any other provision of this chapter, flagpoles are permitted in any yard in any zone up to a maximum height of 25 feet, provided that any such pole shall not be closer to a property line or street right-of-way line than the height of the pole or 20 feet, whichever is greater.

Accessory buildings in the RB Zone for age-restricted housing. Accessory buildings and structures in the RB Zone for age-restricted housing may include clubhouse and recreational facilities for the residents in accordance with the standards set forth in § 102-190I and those uses incident and subordinate to the residential use.

[Added 3-14-2016 by Ord. No. 845]

§ 102-145 Yards.

Required yards. Every lot must provide front, side and rear yards as required for its zone. All front yards must face upon a dedicated public street or private street approved by the Planning Board.

Front yards on streets less than 50 feet wide. On streets less than 50 feet in width, the depth of the required front yard shall be increased by 1/2 the difference between the width of the street and 50 feet.

Corner lots. All corner lots shall meet the front yard requirements for all yards abutting any street. For the purpose of administering this section, the side of the lot having the least amount of street frontage shall be construed as the front of the lot.

§ 102-146 Visibility on corner lots.

Notwithstanding any other provision of this chapter, on a corner lot no fence, trees or planting, sign or other object shall be erected or maintained which presents a traffic hazard by reason of the fact that the operator of a vehicle approaching the corner on one street could not adequately and without hindrance observe another vehicle approaching the corner on another street when such vehicles are within 90 feet of the point of intersection of the center lines of the respective streets.

All trees having branches overhanging any street sidelines in all zones shall have said branches trimmed at all times to ensure unobstructed vision eight feet above street pavement level.

On any corner lot in any zone, no fence, structure, planting or shrubbery over 30 inches in height above the level of the pavement at the center of the street opposite the point in question shall be erected or maintained within 25 feet of the intersection formed by the projection of the two street sidelines at the corner.

[Amended 8-13-2012 by Ord. No. 812]

No permit is required for the construction of any fence or wall which is four feet or less in height. Any fence or wall which exceeds four feet in height requires a permit and shall be set back from any property line a distance of one foot. No fence shall exceed six feet in height, except a fence surrounding a tennis court or similar recreational court, which shall not exceed 12 feet in height, provided that any fence over six feet in height shall be at least 75% open. No wall shall exceed six feet in height; provided, however, that necessary retaining walls may exceed six feet in height after a site plan has been reviewed and approved by the Township Planning Board. No fence, hedge, shrubbery or planting on any lot in any residential zone shall be constructed or installed within any right-of-way or within 12 feet of any existing edge of street pavement, except for shade trees in accordance with § 102-49A(29).

Fencing for deer control. Notwithstanding the provisions of Subsection A above:

Fencing that is not less than 75% open designed for the purpose of repelling or preventing the travel or entry of deer ("deer fencing") may be installed in rear, side and front yards, as those terms are defined in § 102-4 under "YARDS," provided that any such fence installed in a front yard shall be installed not less than 50 feet from the front street sideline. The following regulations shall apply to the installation of fencing for deer control:

No deer fencing shall be erected, constructed or installed which is in excess of eight feet in height.

Deer fencing shall be constructed of black polypropylene material or a metal core covered by black polypropylene material only.

(c)

Deer fencing may not be attached to trees and must be securely supported by black posts or attached to existing fencing and shall be installed in accordance with the manufacturer's specifications.

(d)

Deer fencing must be safety staked or secured at ground level and may not have caps or rails or other decorative or nonfencing material at its top edge.

(e)

Deer fencing must not be visible from any street.

(f)

Deer fencing installed in a rear or side yard shall be set back from any property line a minimum distance of one foot.

Permit. A permit for the construction and installation of deer fencing shall be obtained from the Construction Official. The permit fee shall be as set forth in Chapter 82, Fees. A sample of the proposed fencing material must be submitted to the Construction Official for approval as to material strength, durability, warranty, gauge suitability and compliance with the terms of this section prior to the issuance of the permit.

§ 102-148 Projections and encroachments.

Maintenance. Deer fencing and its installation shall be maintained in good condition and shall be subject to periodic inspection by the Construction Official to assure that it has not deteriorated, come loose or otherwise become a visual or safety nuisance or hazard.

Except as hereinafter specified, yards and courts required under this chapter shall be entirely free of buildings or parts thereof:

Cornices and eaves may project not to exceed three feet over any required yard or court.

Sills, leaders, belt courses and similar ornamental or structural features may project six inches into any required yard or court.

An open fire balcony or fire escape may project into a required yard not more than four feet.

Ground-story bay windows may project not more than three feet into any required front yard, rear yard or side yard in the residence zone districts.

§ 102-149 Existing platted lots.

[Amended 9-25-2000 by Ord. No. 622]

Any lot or plat as recorded at the time of passage of this chapter that fails to comply with the minimum requirements of this Part 9 may be used for any use not otherwise prohibited in such district in which it lies, provided that all of the following requirements are complied with:

Said lot is in single ownership as defined in Part 1.

All yard requirements are complied with.

§ 102-150 Garages in residence districts; storage of vehicles.

A detached garage as an accessory use for not more than two motor vehicles may be erected on a single lot in any residential zone district, subject to the requirements of § 102-144, provided that no single lot shall contain garage spaces for more than five motor vehicles. Not more than four garage spaces may be located in the principal building and not more than three such spaces shall be served from any one building elevation, except in the R-81A District where all four garage spaces may be served from a single building elevation. Not more than one of the following may be kept either in a rear yard, and shall meet the setback requirements for accessory buildings, or in an enclosed garage: a boat, a noncommercial trailer, a travel trailer, a camper trailer, a motor home or a pickup camper. None of the foregoing shall be used as a dwelling or sleeping place when stored or kept on a lot. No motor vehicles either currently uninspected or unregistered or under repair so as to cause the same to be in a disassembled or disabled condition or being stripped or dismantled shall be parked, stored or left on any residential property or other property except inside a garage or enclosed building. In addition, the regulations below shall apply to commercial vehicles in residential zones:

Not more than one commercial vehicle shall be kept on a lot.

Any such commercial vehicle shall be kept in a garage.

Any such commercial vehicle shall have no more than two axles; one in front and one in the rear of the vehicle.

No such vehicle shall exceed a height of eight feet measured from the ground to the highest part of the vehicle nor 20 feet in length measured bumper to bumper.

No commercial vehicle requiring a commercial drivers license to operate shall be kept on a lot.

No garbage trucks, tanks trucks or trucks carrying tanks of any kind are permitted.

No commercial vehicles containing warning or danger parcards shall be permitted.

None of the foregoing provisions shall be construed to limit the number of vehicles used on a farm or require the garaging of such farm vehicles.

Any vehicle or wheel-based, motorized equipment not regulated above is prohibited unless kept in a garage.

§ 102-151 Outdoor storage.

In the residential zones and the OB Zone, outdoor storage of any kind or nature, except storage of those items customarily used in conjunction with a residential occupancy, is prohibited, unless in accordance with § 102-150. In the BP Zones, no article, material, merchandise or goods shall be kept stored or displayed outside the confines of a building unless the same is screened by fences, walls or plantings in such manner that it is not visible from the public street or adjoining property.

§ 102-152 Conversions.

The conversion of existing structures to a use permitted in the zone district in which said structure is located is equally subject to the same regulations as are new structures to be constructed in said zone district.

§ 102-153 Driveway access.

No driveway shall be permitted to serve any use other than the permitted use on the lot upon which said driveway is located.

§ 102-154 Mixed occupancy.

The combined use of residential and business within one structure or on one lot is prohibited unless as hereinafter specifically permitted.

§ 102-155 Temporary permits.

[Amended 2-24-1999 by Ord. No. 589]

Temporary permits may be authorized by the Township Committee for a period not to exceed one year for nonconforming uses incidental to construction projects on the same premises and including such uses as storage of building supplies and machinery, the assembly of building materials and a real estate office located on the tract offered for sale. The issuance of such permits shall be conditional upon agreement by the owner to comply with all directions of the Township Committee with respect to the construction and use of said structure and to remove any structure or structures erected thereunder and to discontinue such uses upon expiration of the temporary permit. Such permits may be renewed by the Board of Adjustment annually, after a hearing, over a period not to exceed three years.

§ 102-156 Site maintenance.

All requirements of this chapter pertaining to fences, walls, buffer areas, trees, landscaping, curbs and paving that are shown on a site plan hereafter approved by the Planning Board pursuant to Part 3 shall be adequately maintained at all times by the applicant to always meet the conditions of said approved site plan.

§ 102-157 Agricultural uses.

The purpose of this section is to assure the continuation and expansion of commercial and home agricultural pursuits by encouraging a positive agricultural business climate and protecting the farmer against municipal regulations and private nuisance suits, where recognized methods and techniques of agricultural production are applied which are consistent with relevant federal and state law and non-threatening to the public health and safely. This provision also acknowledges the need to provide a proper balance among the varied and sometimes conflicting interests of all lawful activities in the State of New Jersey. The retention of agricultural activities is desirable to all citizens in Morris County because it ensures numerous social, environmental and economic benefits, including the preservation of open space and atmospheric habitat; the preservation of land as a finite resource and as a source for agricultural products for this and future generations; and the protection and maintenance of the aesthetic beauty of the countryside and rural character of the community which includes farm architecture and scenic variety.

Where the right to engage in agriculture, as defined herein, is a permitted use in a zone, it shall be presumed that such uses, activities and structures in connection therewith shall not constitute a public or private nuisance, provided that such agricultural uses are conducted in conformance with the acceptable agricultural management practices defined herein.

All uses and structures customarily incidental to agriculture shall be permitted accessory uses in the zones set forth herein above, including but not limited to:

The storage, processing and sale of farm products where produced.

The use of irrigation pumps and equipment.

The application of manure, chemical fertilizers, insecticides, pesticides and herbicides.

On-site disposal of organic agricultural waste.

Installation of soil and water conservation practices in accordance with a Conservation Plan approved by the Morris County Soil Conservation District.

Transportation of slow moving equipment over roads within the municipality.

Utilization of tractors and other necessary equipment.

(8)

The employment of farm laborers.

(9)

The creation of noise, dust, odors and fumes inherently associated with such uses.

(10)

The conducting of farm practices at any and all times when necessary.

(11)

Recreational use (snowmobiling, off-highway vehicle use, hunting, etc.) as permitted by the farm owner, with the provision that any recreational use of farm land that changes the underlying agricultural nature of the land shall be subject to the usual site plan review, variance applicant and all required permits.

(12)

Provisions for the wholesale and retail marketing of the agricultural output of the farm, which includes the building of temporary and permanent structures and parking areas for said purpose, all of which must conform with the following development standards.

All roadside stands shall be licensed in accordance with Chapter 151 of the Ordinances of the Township of Boonton.

All goods sold on the premises must clearly be agricultural in nature.

(c)

The retailing of agricultural goods which were raised in greenhouses or were transported to the site for sale is permitted.

(d)

The retailing of manure or fertilizers is permitted but must be prepackaged, not stockpiled outside, and must meet Township health and safety codes.

(e)

On-site parking space shall be provided for no fewer than three customer vehicles.

(f)

All operations shall be so conducted as to permit the safe passage of customers in accordance with Township health, safety, building and fire codes. All buildings must be maintained in an overall sound and aesthetically pleasing condition.

(g)

All greenhouses associated with this use shall be located at least 75 feet from any property line.

(13)

The raising and keeping of farm animals, including pets and pastoral farm animals, in accordance with § 102-135 and Schedule D, Notes 3A and 6.[1]

Editor's Note: Schedule D is located at the end of this chapter.

Existing structures related to an agricultural or horticultural use may be repaired, replaced or reconstructed within the existing footprint without site plan or Planning Board approval. Except as otherwise provided in § 102-144A, any such changes to existing structures shall be within the existing maximum height standards applicable for the zone in which the property is located.

[Added 10-10-2023 by Ord. No. 928]

Exterior signage for agricultural or horticultural uses shall be in accordance with the Township's sign regulations set forth at §§ 102-194 and 102-195, as applicable to the zone in which such agricultural or horticultural use is located.

[Added 10-10-2023 by Ord. No. 928]

§ 102-157.1 Equestrian facility.

[Added 6-14-2004 by Ord. No. 678; amended 7-19-2004 by Ord. No. 682; 12-12-2005 by Ord. No. 710]

An equestrian facility shall be considered to be a conditional accessory use to an agricultural use in the R-261 Zone, provided that all of the following specified conditions are met:

No equestrian facility shall be operated on any parcel of land having less than 40 contiguous acres in single ownership within the Township (lands separated by a public road in single ownership may be considered contiguous).

The function and operation of an equestrian facility shall be limited to the following:

The boarding, breeding, caring for, training, showing, buying, selling and brokering of horses;

The training of horse riders and horse handlers;

Medical care and treatment of horses which are located at the equestrian facility by reason of ownership by the owner or operator thereof or by reason of being regularly boarded thereon.

The number of horses six months of age or older permitted at an equestrian facility shall be strictly limited to one horse per acre for the entire non-restricted acreage of the property, provided that in no event shall the total number of horses permitted exceed the capacity of all buildings and structures to provide interior shelter for the horses. For purposes of this ordinance "non-restricted" shall mean land which is suitable for the construction of structures, pasturing and grazing and which is not constrained by slopes in excess of 25%, rock outcroppings, bodies of water, watercourses and wetlands, otherwise known as "restricted" land. Land covered by existing buildings, driveways and other structures that is not otherwise restricted shall be deemed to be non-restricted. An application for an equestrian facility shall not be approved if the total number of horses to be kept on a property for both the agricultural use and the proposed accessory equestrian facility use will exceed one horse six months of age or older per non-restricted acre of land.

[Amended 7-18-2005 by Ord. No. 705]

All water supply and sanitary sewage disposal facilities shall be installed and maintained by the owner or operator of the equestrian facility in strict conformity with all applicable laws, ordinances and regulations.

As part of any application for the approval of an equestrian facility operation, the applicant shall submit a pest control and animal waste disposal plan approved by the Township Board of Health. Said plan shall be prepared by a recognized expert or governmental agency. Implementation and satisfactory maintenance of the plan shall be a requirement of continued operation of the equestrian facility.

The Township Committee, or its designee, shall have the authority, before and after investigation and consultation with appropriate experts and agencies, such as the Soil Conservation District or State Department of Agriculture, to prohibit grazing of horses in areas deemed by Township Committee, or its designee, to be overgrazed or overused as evidenced by substantial soil erosion and sedimentation problems.

All structures and parking areas shall have a minimum setback of 200 feet from any property line.

Barns, stables, sheds and indoor riding arenas, not to exceed a total of four buildings, shall be constructed in accordance with the requirements of all applicable state and municipal building codes. No structure shall exceed 35 feet in height. No side of any barn or stable shall have an outside dimension greater than 150 feet, and no barn or stable shall cover an area greater than 250 square feet per allowable horse, as determined pursuant to Subsection C. No shed shall have an outside dimension greater than 100 feet, and no shed shall cover an area greater than 2,400 square feet. Sheds shall be provided and used for the storage of all motorized equipment used in the operation of the equestrian facility, including motor vehicles and horse trailers; provided, however, that one item of such equipment may be stored outside a shed. No more than one indoor riding arena shall be erected upon any property, and the indoor riding arena shall not exceed 20,000 square feet of interior space. In the event that the equestrian facility operation is terminated, and the indoor riding arena is not used in connection with the agricultural use of the property, the arena shall be removed, and failure to effect removal shall constitute a violation of this section.

The total area coverage of impervious improvements shall not exceed 5% of the entire acreage of the property; provided, however, that in no event shall the total area coverage of buildings and structures exceed 4% of the entire acreage of the property.

Off-street parking shall be adequately screened from all adjacent properties as shall be determined by the Planning Board.

An equestrian facility shall have direct access from an arterial road.

Site plan approval is required for an equestrian facility.

§ 102-158 Airports.

Airports, air landing fields, heliports and takeoff and landing facilities for private or public aircraft shall be prohibited in any zone in Boonton Township.

§ 102-159 Lighting.

[Amended 6-14-2004 by Ord. No. 678; 7-19-2004 by Ord. No. 682]

Artificial lights used or maintained to illuminate any yard in any residential zone shall be located so that the direct source of light shall not be visible from any abutting property, and, further, no illumination may result in glare beyond the lot line containing said light.

All outdoor lighting for an equestrian facility shall be installed in accordance with the following requirements:

All lights shall be shielded and directed so that the direct source of light shall not be visible from any public road or other property.

The maximum number of footcandles from any indirect light source visible from any property line shall be 0.5.

Lights shall be restricted to buildings and barn areas, along driveways and where, in the discretion of the Planning Board, it is determined that safety and security considerations require their installation.

No light source shall exceed a maximum of three footcandles measured 25 feet from the source.

The maximum height of any freestanding light fixture shall be 16 feet.

The type and location of lights shall be approved as part of the site plan approval.

§ 102-162 Satellite, radio and television antennas.

There shall be no lighting of any outdoor arena.

§ 102-160 Utilities.

Nothing in this Part 9 shall be interpreted as prohibiting public utility distribution facilities, such as water distribution lines, sanitary sewers and telephone and electric distribution lines, along with related attendant facilities intended for local service, which utility systems are permitted in all zone districts when approved by the appropriate serving utility agency.

§ 102-161 Unimproved streets.

No building permit shall be issued for any existing lot fronting on and served by an unimproved or marginally improved street until such street has been improved in accordance with the provisions of §§ 102-49A(4) and 102-49A(6).

Accessory uses. The following antennas are a permitted accessory use in any zone district:

An antenna that is designed to receive direct broadcast satellite service (DBS), including direct-to-home satellite services;

An antenna that is designed to receive video programming services via multipoint distribution services, including multichannel multipoint distribution services (MMDS), instructional television services and local multipoint distribution services provided that if such an antenna is located on a mast, the mast is 15 feet or less in height; or

An antenna that is designed to receive television broadcast signals (TVBS), provided that if it is located on a mast, the mast is 15 feet or less in height.

Transmission satellite dishes that are one meter or less in diameter are permitted in any zone district.

Antenna towers. Antennas which require installation on a mast in excess of 15 feet in height may be installed, erected and maintained as accessory uses on a lot which contains a principal structure within all land-use zones of the Township, but only in accordance with the provisions of this section. This section shall not apply to any antenna otherwise regulated pursuant to Subsection A of this § 102-162. The term "antenna" as used herein means any system of wires, poles, rods, reflecting discs or similar devices used for the transmission or reception of electromagnetic waves, which system is external to or attached to the exterior of any building. Antennas shall include devices having active elements extending in any direction and directional beam-type arrays having elements carried by and disposed from a generally horizontal boom that may be mounted upon and rotated through a vertical mast or tower interconnecting the boom and antenna support, all of which elements are deemed to be a part of the antenna. The height of an antenna shall be the total maximum to which it is capable of being raised and shall be measured from the highest point of the finished grade adjacent to the structure if ground mounted or from the peak of the roof if roof-mounted. All antennas shall be subject to the following:

Development standards. All antennas shall be located, designed, constructed, treated and maintained in accordance with the following standards:

Antennas shall be installed and maintained in compliance with the requirements of the BOCA Basic Building Code.

Residential zone districts.

In all residential zone districts, roof-mounted accessory antennas of any type shall not extend higher than 15 feet above the peak of the roof.

[2]

In all residential zone districts, ground-mounted accessory antennas of any type shall not extend higher than 70 feet above adjacent ground level.

(c)

Other zoning districts. In the OB and BP Zone Districts, a roof-mounted antenna may be erected on the roof of a principal building, provided that the building, including the antenna, falls within the height limits established for the zone district. Ground-mounted antennas shall not exceed 70 feet in height.

(d)

Antennas shall be erected or maintained to the rear of the main building, except in those instances when the subject property is a cul-de-sac or corner lot where the side yard is larger than the rear yard, in which case the antenna may be located in the side yard. Where reception from a rear yard location would be inadequate, side yard installation is permitted. Antenna towers shall not be located in any required setback area. No portion of an antenna array shall extend beyond the property lines or into any front yard area. Guy wires shall not be anchored within any front yard area but may be attached to the building. Principal use setbacks must be observed for those lots not located in a residential zone which adjoin a residential lot.

(e)

Subject to Subsection B(1)(b) and (c), antennas may be roof- or ground-mounted, freestanding or supported by guy wires, buildings or other structures in compliance with the manufacturer's structural specifications. Ground-mounted antennas shall be any antenna with its base mounted directly in the ground even if such antenna is supported or attached to the wall of a building. Fixed-guyed antenna towers shall be fascia-mounted or guyed according to approved standards. Wire antennas that are not self-supporting shall be supported by objects within the property lines but not within any front yard areas.

(f)

The antenna, including guy wires, supporting structures and accessory equipment, shall be located and designed so as to minimize to the greatest extent possible the visual impact on surrounding properties and from public streets. Antennas should be screened from view through the addition of anticlimb fencing and architectural features or evergreen landscaping that harmonize with the elements and characteristics of the property; provided, however, that no screening shall be required which would inhibit adequate reception. Screening by fencing or plantings may be waived if natural terrain and landscaping provide adequate screening. All fencing shall conform to the requirements of § 102-147. The five-year growth potential of any evergreen plantings to be used shall be considered when determining acceptable spacing and heights of said plantings. The materials used in constructing the antenna shall not be unnecessarily bright, shiny, garish or reflective, and all antennas shall blend with the surrounding environment.

(g)

Antennas shall meet all manufacturers specifications. The mast or tower shall be of noncombustible and corrosive hardware, such as brackets, turnbuckles, clips and similar-type equipment subject to rust or corrosion, and shall be protected with a zinc or cadmium coating by either galvanizing or a sherardizing process after forming. These finishes are selected to guard against corrosion and to protect the elements against electrolytic action due to the use of adjoining dissimilar metals.

(h)

No antennas, including the supporting structure, shall be located closer to a property line than the greater of the height of the antenna or the minimum side yard requirement for the building or be in excess of a height equal to the distance from the base of the structure to the nearest overhead electrical power line which serves more than one dwelling or place of business, less five feet.

(i)

Every antenna must be adequately grounded for protection against a direct strike of lightning, with an adequate ground wire. Ground wires shall be of the type approved by the latest edition of the National Electrical Code for grounding masts and lightning arrestors and shall be installed in a mechanical manner, with as few bends as possible, maintaining a clearance of at least two inches from combustible materials. Lightning arrestors shall be used that are approved as safe by the Underwriters Laboratories, Inc., and both sides of the line must be adequately protected with proper arrestors to remove static charges accumulated on the line. When lead-in conductors of polyethylene ribbon-type are used, lightning arrestors must be installed in each conductor. When coaxial cable or shielded twin lead is used for lead-in, suitable protection may be provided without lightning arrestors by grounding the exterior metal sheath.

(j)

All antennas, appurtenances, landscaping and screening shall be kept and maintained in good condition.

(k)

Power control and signal cables to or from the antenna shall be by underground conduit.

Approval of antennas.

All antennas shall be subject to the review and approval of the Zoning Official. Each application shall be accompanied by a report prepared by the installer of the antenna explaining why the proposed location was selected over other locations and the reasons, with supporting data, for any requested deviation from the requirements of this section as to location or screening. When deemed necessary by the Zoning Official, the Township may consult, at the applicant's expense, with an expert in the field of antenna installations for guidance in evaluating an applicant's report when a deviation from the requirements of this section is requested. The applicant shall post a fee calculated by the Zoning Official to cover such expense, in the form of cash or a certified check, and against which such review expenses shall be charged. All sums not actually so expended shall be returned to the applicant at the time the permit is either issued or denied.

A building permit shall be required.

Prohibitions. No antenna or antenna structure located in the Township, regardless of when it was erected, shall be used as a sign or as a supporting structure for any sign or lettering.

Enforcement.

All antennas shall be maintained in good condition and in accordance with all requirements of this section.

All antennas shall be subject to periodic reinspection. No additions, changes or modifications shall be made to an antenna, unless the addition, change or modification is in conformity with the BOCA Basic Building Code.

§ 102-163 Lot grading.

Prior to the issuance of a construction permit, including a construction permit for an in-ground swimming pool or outdoor tennis courts, and prior to the disturbance of 400 to 5,000 square feet of the surface area of any lot where a construction permit is not required and prior to the construction of a driveway exceeding 100 feet in length or located within 10 feet of an adjoining property, a lot grading plan meeting the requirements of § 102-49H shall be submitted to the Zoning Officer. The Zoning Officer may, at his discretion, submit the plan to the Township Engineer for his review and comments before issuing the permit. A fee as set forth in Chapter 82, Fees, shall be imposed for such a review. The requirement for a lot grading plan may be waived by the Zoning Officer, if, in his opinion, after consultation with the Township Engineer, the proposed installation or land disturbance will not present any risks or problems of soil erosion, drainage or other hazards.

§ 102-164 Private tennis courts.

Private tennis courts and similar recreational courts shall meet the following requirements:

Any such court shall be constructed at ground level.

Any such court shall be located in a rear yard area and shall not be located closer to the side or rear property line than 50% of the minimum required side or rear property line setback, respectively, for the main structure, nor shall it be located closer than 15 feet to a septic system or sanitary drainage field and in no instance closer than 10 feet to the side or rear property line.

Artificial lights used or maintained in connection with a private court shall be located so that no illumination will result in glare or point source visibility beyond the lot line.

A court may be enclosed by a fence constructed in accordance with § 102-147, which fence shall be constructed of chain link or such other fencing as may be approved by the Zoning Officer.

No more than one court not exceeding regulation size shall be constructed per lot.

An application for a permit to construct a tennis court or similar recreational court shall be made to the Zoning Officer and shall include detailed plans and specifications prepared by a licensed professional engineer or architect therefor, including details of proposed fencing and a lot grading plan. The application shall be accompanied by any fees for fencing and other construction as may otherwise by required by Chapter 82, Fees.

Prior to authorization of any permit for the construction of such a court, the Zoning Officer may, at his discretion, refer the lot grading plan to the Township Engineer for his review and approval. The lot grading plan shall, at a minimum, show the following.

The scale shall be not less than one inch equals 30 feet.

The location of the court and all appurtenant construction in relation to the property lines and buildings in the rear yard area.

Existing and proposed contours at two-foot intervals in the rear yard area. Existing contours shall be shown for a distance of 25 feet beyond the property lines in the rear yard area.

Existing and proposed elevations at the corners of the court surface, at the base of any filled or excavated area and along the center of swales.

Proposed swales and other stormwater drainage facilities.

Proposed retaining walls and other proposed measures for stabilizing slopes and filled areas, including details and specifications of same.

Prior to approval of the lot grading plan, the Zoning Officer or the Township Engineer, as the case may be, shall be satisfied that the means of disposal of stormwater and measures to prevent soil erosion offer adequate protection to adjoining properties.

§ 102-165 Canopies, marquees and similar structures. [1]

[Added 9-24-2001 by Ord. No. 644]

Except as otherwise provided herein in this section, the provisions of this section shall apply to awnings, canopies, marquees, porte cocheres, porticos and structures serving similar purposes which are attached to or are accessory to nonresidential buildings.

Any such structure shall meet all minimum yard requirements for principal buildings, except that an awning may extend up to three feet into the required building setback area.

An awning shall be located at least eight feet above the ground below.

Any canopy, marquee, portico or similar structure shall have a clearance of not less than 10 feet above the ground or walkway below.

Any canopy, porte cochere or similar structure under which vehicles will travel shall have a clearance of not less than 15 feet above the ground or driveway below.

Any structure included in these regulations shall be designed as an integral part of the building it serves, providing architectural unity in design and appearance.

Any portico or similar walkway covering shall have a minimum width of 10 feet.

Any structure included in these regulations shall not extend more than 15 feet from the building it serves, except that a porte cochere may extend up to 30 feet from the building.

Editor's Note: Former § 102-165, Residential cluster development, was repealed 5-21-2001 by Ord. No. 637.

§ 102-166 (Reserved) [1]

Editor's Note: Former § 102-166, Lot size averaging, was repealed 4-12-1999 by Ord. No. 591.

§ 102-167 (Reserved) [1]

§ 102-168 Off-street parking space requirements.

Editor's Note: Former § 102-167, Lots on private roads, was repealed 3-13-2006 by Ord. No. 712.

For all new buildings and uses and additions to existing buildings and uses and additions to existing buildings and uses, there shall be provided the minimum number of off-street parking spaces specified in Schedule F. All off-street parking facilities shall be designed and constructed in accordance with § 102-51. Off-street parking areas shall be used solely for the parking of passenger automobiles, and no commercial repair work or service of any kind shall be conducted on the parking lot, nor shall such lots be used for the parking of disabled, dismantled, inoperable or unregistered vehicles. No signs other than entrance, exit or conditions of use signs shall be maintained.

§ 102-169 Off-street loading requirements.

In all districts, for every building or use requiring the receipt or distribution in vehicles of materials or merchandise, there shall be maintained on the same premises with such building or use at least one off-street loading space.

Each loading space shall be at least 12 feet in width, 30 feet in length and have a fourteen-foot clearance above grade.

Such space shall be located in the side or rear yard only, but in no case in a side yard adjoining a street.

§ 102-170 Performance standards in the BP Business Park District.

In the BP Business Park District, any building, structure or tract of land developed, constructed or used for any permitted principal or accessory use shall comply with all the performance standards set forth in this section. These performance standards shall apply unless exceeded by any state or federal standards or amendments thereto. If there is any reasonable doubt that the intended use will not conform to any subsection of the performance standards, the Planning Board shall request a deposit, for each subsection in doubt, which will be used to defray the cost of a special report by an expert consultant qualified to advise on conformance to the required standard. The amount of the deposit shall be based on a quotation from said expert consultant. Said report shall be made within 30 days of the request and copies supplied to the applicant. If any existing use or building is extended, enlarged or reconstructed, the performance standards shall apply to such extended, enlarged or reconstructed portion or portions of such use or building or structure.

Noise and vibration. There shall be no operational noise or vibration discernible to the human sense of hearing or feeling at the property line.

Smoke, fumes, gases, dust, odors and other atmospheric pollutants. There shall be no emission of smoke, fumes, gases, dust, odors or other atmospheric pollutants which exceed the limitations imposed by any local, state or federal regulations. In addition, the dissemination of smoke, fumes, gas, dust, odors or other atmospheric pollutants beyond the boundary of the lot is prohibited.

Glare and heat. No industrial uses shall carry on an operation which will produce heat or direct or sky-reflected glare beyond the property line of the lot on which the use is located. Industrial and exterior lighting shall be used in such a manner that it produces no glare on public highways and neighboring property.

Fire and explosion hazards. All activities shall be carried on only in structures which conform to the standards of the BOCA Fire Prevention Code or Township Building Code or other applicable local ordinances, whichever is most restrictive. All operations shall be carried on and combustible raw materials, fuels, liquid and finished products shall be stored in accordance with the standards of said American Insurance Association.

Liquid and solid wastes. There shall be no discharge of any wastes other than domestic wastes into the ground nor any discharge or any wastes into surface waters or impoundments. Incineration or venting of wastes to the air is prohibited. All methods of waste and sewage disposal shall be approved, as applicable, by the Township Board of Health and the Department of Environmental Protection.

Radioactivity and electrical disturbance. Radioactivity shall not be emitted to exceed quantities established as safe by the United States Bureau of Standards, as amended from time to time. There shall be no electrical disturbances, except from domestic household appliances, adversely affecting the operation at any point of any equipment other than that of the creator of such disturbance.

Soil removal. No soil removal operations shall be permitted where soil is to be removed within four feet of the seasonal high water table. Prior to the issuance of a permit for any soil removal operation, the depth to the seasonal high water table shall be confirmed by subsurface explorations such as soil surface borings and test pits and by test borings taken at a time of the year approved by the Township Engineer.

Conformance to state standards. Any operation shall also comply with any applicable state standards and requirements and particularly to the New Jersey Department of Environmental Protection Administrative Code, Title 7, Chapter 27, Subchapters 3, 4, 5, 6, 7, 11, 13 and 16.

Enforcement of performance standards.

An industry desiring to build, develop or utilize a tract or site of land must submit an application to the Planning Board in accordance with Part 3. The application shall include the following detailed information concerning the environmental effects regulated by the performance standards and certification by a registered architect or engineer for the applicant that the proposed use can meet the performance standards of this section.

Procedure for enforcement for established industries shall be as follows: If a violation of the performance standards created has occurred, the Zoning Officer shall send a written notice of said violation to the owners of the property by certified mail. The owner(s) shall have 30 days to correct the violation unless, if in the opinion of the Zoning Officer, there is an imminent peril to life and property, in which case the violation shall be corrected immediately. Where determinations of violation can be made by the Zoning Officer, using equipment normally available to the Township or otherwise obtainable without extraordinary expense, such determination shall be so made before notice of said violation is issued.

Where technical complexity or extraordinary expense makes it unreasonable for the Township to maintain the personnel or equipment necessary to make the determination of violation, then the Township shall call in properly qualified experts to make the determination. If expert findings indicate a violation of the performance standards, the costs of the determination shall be assessed against the properties or persons responsible for the violation, in addition to the other penalties prescribed by this chapter. If no violation is found, cost of the determination shall be paid entirely by the Township.

§ 102-171 Home occupations.

Home occupations in all residential zones shall be permitted if they conform to all the following criteria:

The home occupation shall be conducted entirely within the principal building.

The home occupation shall be clearly incidental and subordinate to the use of the dwelling for residential purposes and shall not be served by an entrance separate from that of the household.

No home occupation shall occupy more than 200 square feet of floor area.

There shall be no change in the exterior appearance of the structure or premises as a dwelling and no external evidence of the home occupation.

No retail sales or rentals shall take place on the premises.

No goods, materials or supplies of any kind shall be delivered either to or from the premises in connection with a home occupation except in passenger automobiles or vans with a maximum length of 20 feet or United States Post Office, parcel pick-up and delivery service vehicles less than three-fourths-ton capacity.

§ 102-171.1 Visual compatibility requirements for installation of wireless telecommunications antennas and towers.

No one who is not a member of the household residing on the premises shall be engaged in such occupation.

(8)

No additional traffic or parking, other than that required for the residential use, shall be generated.

(9)

There shall be no client/customer visits to the premises.

(10)

There shall be no outdoor storage or display of goods and materials in connection with a home occupation.

(11)

There shall be no vehicles on the property in connection with the home occupation which are not owned or leased by members of the household and which are not in compliance with § 102-150.

(12)

No toxic or hazardous materials that would constitute a danger to the environment or neighboring property shall be used or stored on the premises in connection with the home occupation.

(13)

The home occupation shall not generate any sewer or water use or garbage and refuse in excess of what is normal in the residential neighborhood and shall not cause any off-site noise, odors, radiation, glare, radio or electrical interference, etc.

(14)

No signs, except as permitted by § 102-194, shall be allowed.

(15)

There shall be no fabrication, packaging, treatment or conversion of products in connection with the home occupation.

Notwithstanding the above, the following conduct of business is excluded as a home occupation: beauty parlor or barber shop, nursing home, physician, dental or similar health professional offices, repair shop, automobile repair or paint shop, photographic studio, photo processing lab or any use constituting a commercial enterprise.

[Added 8-21-2000 by Ord. No. 615]

Wireless telecommunications antennas may be erected on existing buildings or structures, and an equipment compound may be constructed in support of such antennas consistent with the following requirements:

Antenna arrays may be mounted on existing buildings or structures but shall not extend beyond the overall height of any such building or structure by more than 25 feet.

Any equipment building, any wireless telecommunications tower and any related structures and equipment shall be located within an equipment compound as provided in Subsection A(3) below. Said compound shall be enclosed by a solid, wooden fence or a chain link fence at least seven feet and no more than eight feet high and shall include a locking security gate, all as approved by the Township Engineer.

[Amended 12-27-2000 by Ord. No. 626]

An equipment compound consisting of no more than 4,000 square feet in area may be erected in support of such antenna arrays provided it is:

Situated to ensure that historically significant viewscapes, streetscapes and landscapes are protected. The views of and vistas from architecturally and/or significant structures should not be impaired or diminished by the placement of telecommunications facilities. To the greatest extent possible, equipment compounds should be situated behind existing structures, building or terrain features which will shield the compound from public view; or

When a location out of public view is not possible, a landscape buffer of 20 feet in width shall be provided around the compound to shield the facility from public view. Landscaping shall include evergreen trees at least eight feet high at the time of planting and planted in staggered double rows at 15 feet on center, or equivalent.

§ 102-171.2 Maximum coverage in residence districts.

Antennas installed according to these provisions shall be suitably finished and/or painted so as to minimize their visual impact on the landscape. Depending on the placement of this equipment, color should be selected to be consistent with the color scheme of the building or structure on which they are mounted in order to blend with their surroundings. When this is not possible, color selection shall be designed to minimize the visual impact of the antenna arrays.

Wireless telecommunications towers shall be located to minimize visual impact on residential areas and the public way. Equipment buildings and equipment compounds shall comply with Subsection A(2) and (3) above.

[Added 9-25-2000 by Ord. No. 622]

Unless otherwise provided in this chapter, the total combined lot coverage by principal and accessory buildings on a residential lot shall not exceed an amount determined by formula as follows:

Total Lot Area (square feet)	Maximum Building Coverage
Under 10,000	1,500 square feet, less 0.1 square foot per square foot of area less than 10,000 square feet
10,000 to 25,000	1,500 square feet, plus 0.05 square foot per square foot of lot area greater than 10,000 square feet.
25,000 to 100,000	2,250 square feet, plus 0.035 square foot per square foot of lot area greater than 25,000
100,000 to 200,000	4,875 square feet, plus 0.02 square foot per square foot of lot area greater than 100,000 square feet
200,000 and greater	6,875 square feet, plus 0.01 square foot per square foot of lot area greater than 200,000 square feet

Unless otherwise provided in this chapter, the total lot coverage by all impervious surfaces, including buildings, driveways, walkways and patios, shall not exceed 200% of the maximum permitted coverage pursuant to § 102-171.2A. For lots located outside the Highlands Preservation Area, the calculation of total impervious lot coverage may be reduced by the following:

[Amended 7-18-2005 by Ord. No. 704]

A maximum of 20% of the gross area of gravel/broken stone payers or similar stone paver driveways, walkways and patios, which serve single-family residential dwellings, may be excluded from the calculation of impervious coverage; and

A maximum of 50% of impervious areas shall be excluded from the calculation of impervious coverage when all roof and driveway water is collected in dry well systems or similar devices are provided and designed to contain a minimum volume of 0.104 cubic feet per square foot of roof and/or driveway surface water runoff discharging to the dry well or similar device. Design subject to review and approval by the Township Engineer.

§ 102-171.3 Recycling in multifamily housing. [1]

[Added 5-12-2008 by Ord. No. 752]

There shall be included in any new multifamily housing development that requires subdivision or site plan approval indoor and/or outdoor recycling areas for the collection and storage of residentially generated recyclable materials. The number of sites and dimensions of the recycling areas shall be sufficient to accommodate recycling bins or containers which are of adequate size and number and which are consistent with anticipated usage and with current methods of collection in the area in which the project is located. The number of sites and dimensions of the recycling areas and the bins or containers shall be determined in consultation with the Municipal Recycling Coordinator and shall be consistent with the district recycling plan adopted pursuant to Section 3 of P.L. 1987, c. 102, (N.J.S.A. 13:1E-99.13) and any applicable requirements of the Municipal Master Plan, adopted pursuant to Section 6 of P.L. 1987, c. 102.[2]

[2]

Editor's Note: See N.J.S.A. 13:1E-99.16.

The recycling areas shall be conveniently located for the residential disposition of source-separated recyclable materials, preferably near, but clearly separated from a refuse dumpster.

The recycling areas shall be well lit and shall be safely and easily accessible by recycling personnel and vehicles. Collection vehicles shall be able to access the recycling area without interference from parked cars or other obstacles. Reasonable measures shall be taken to protect the recycling areas and the bins or containers placed therein against theft of recyclable materials, bins or containers.

The recycling areas or the bins or containers placed therein shall be designed so as to provide protection against adverse environmental conditions which might render the collected materials unmarketable. Any bins or containers which are used for the collection of recyclable paper or cardboard and which are located in an outdoor recycling area shall be equipped with a lid or otherwise covered so as to keep the paper or cardboard dry.

Signs clearly identifying the recycling areas and the materials accepted therein shall be posted adjacent to all points of access to the recycling area. Individual bins or containers shall be equipped with signs indicating the materials to be placed therein.

Landscaping and/or fencing shall be provided around any outdoor recycling areas and shall be developed in an aesthetically pleasing manner.