A.
Fences, walls and hedges may be erected, altered or
reconstructed in accordance with the following regulations:
(1)
In any zoning district, fences, wall and hedges, except
retaining walls, may be located within yard areas so long as they
do not encroach on public rights-of-way or neighboring properties.
(2)
The height of a fence or wall shall not exceed four
feet in the front and side yards and six feet in the rear yard. All
fences and walls shall have a minimum one-foot setback for front,
side and rear yards; provided, however, that fences which need to
exceed this height (tennis courts, swimming pools and dog runs) shall
have a minimum three-foot side and rear yard setback. Security fences
around commercial, industrial or institutional uses shall not exceed
10 feet in height.
(3)
All fences, walls and hedges shall be in conformance with the provisions of § 60-42CC.
[Amended 4-22-2003 by Ord. No. 4-2003]
(4)
For purposes of this section, a "hedge" shall be defined
as any clustering or configuration of plant material in such a manner
as to permanently or temporarily prohibit or inhibit unrestricted
travel between properties or portions of properties or between the
street or public rights-of-way and a property.
B.
The Land Use Board may modify the above noted requirements
upon request wherein it is deemed reasonable and appropriate to require
the installation of a buffer between two properties in order to shield
a residential use from a nonresidential use on an adjoining property
or from some other objectionable condition such as a heavily traveled
thoroughfare, or to provide privacy to side or rear yard of residential
property.
C.
At the intersection of two or more streets or driveways
and a street or driveways in any zoning district, no fences, walls
or hedges, other than a signal post or tree, which is higher than
three feet above curb level, nor any obstruction to vision, shall
be permitted in the triangular area formed by the intersecting street
lines and a line joining each 30 feet distant from said intersection
along said street lines.
D.
Construction. All fences shall be constructed in accordance
with the following standards:
(1)
Except for permitted farm uses, the following fences
and fencing materials are specifically prohibited: barbed wire fences,
razor-wire fences, sharp pointed fences, canvas, cloth, and except
for agricultural use, electrically charged fences; or shall they be
constructed in any manner which may be dangerous to persons or animals.
Commercial and industrial uses may have fences topped by a protective
wire barrier.
(2)
All fences shall be permanent construction and shall
withstand a wind load of 15 pounds per square foot.
(3)
All fences shall be constructed or installed with
stringers facing inwards.
E.
Every fence or wall shall be maintained in a safe, structurally sound, upright condition and in accordance with the approved plan on file with the Construction Official or Zoning Officer. If the Zoning Officer or Construction Official, upon inspection, determines that any fence or wall or portion of any fence or wall is not being maintained in a safe, structurally sound, upright condition, said Officer or Official shall notify the owner of said fence in writing of his findings and state briefly the reasons for such findings and order such fence or wall or portion of fence or wall repaired or removed in accordance with the provisions of § 60-113.
F.
No fence or wall hereafter erected, altered or reconstructed
in any residential zoning district shall not exceed six feet in height
except for tennis courts, swimming pools and dog runs. Fences in all
other zones shall not exceed a height of 10 feet.
G.
The foregoing restrictions shall not be applied so
as to prevent the erection of an open wire or chain link fence exceeding
15 feet in height above ground level anywhere within a public park,
public playground or public school properties. These restrictions
shall also not be applied so as to restrict the erection of a wall
for the purpose of retaining earth.
A.
Purpose. The specific purpose and intent of this section
is to prevent excessive and unsafe development in areas deemed unfit
by reason of flood danger, unsanitary conditions and related hazards;
to minimize danger to public health by protecting water supplies,
groundwater recharge and natural drainage systems; and to promote
the health, safety and welfare of the residents of Pittsgrove Township
who live or own property in or near streams and areas subject to flooding.
B.
Floodplain designation. There are hereby designated
within the Township of Pittsgrove floodplain areas comprised of those
sections of the Township which are shown on the map designated as
the Pittsgrove Township Floodplain Map, which is hereby made of part
of this chapter.[2]
(1)
Map filing. For the purpose of defining the application
of the Floodplain Area Map to any specific area, the maps, data and
other sources naturally utilized to establish, define and designate
floodplain areas shall be kept on file in the Township Engineer's
office and shall be proof of the intended limits of the floodplain
area.
(2)
Floodway. Within the floodplain areas described above,
there are hereby designated floodways as defined in this chapter.
(3)
Amendment. Any changes in the Floodplain Map may be
recommended by the Township Engineer based upon a proper survey and
upstream drainage calculations or as a result of an acceptable engineering
delineation by an outside agency. The Township Committee may consider
these recommendations for proper enactment as an amendment of this
chapter.
[2]
Editor's Note: The Floodplain Map is on file
in the office of the Township Clerk.
C.
Procedures.
D.
Interpretation.
(1)
In case of any dispute concerning the boundaries of
floodplain areas or floodways as shown on the Pittsgrove Township
Floodplain Areas Map, a determination shall be made by the Township
Engineer.
(2)
The Township Engineer may certify that the area is
not within the floodplain or that the floodway is smaller than defined
by this chapter, if conclusive and documented information is submitted
by the applicant.
(3)
Any party aggrieved by a decision of the Township
Engineer as to the proper location of said boundaries may appeal to
the Zoning Land Use Board. For the purpose of this section, if the
Township Engineer has determined the map boundary lines to be correct,
any change in said boundaries applied for shall be considered by the
Land Use Board as an application for a use variance. The burden of
proof in any such appeal shall be on the applicant.
(4)
Any appeal to utilize land located within the floodplain
for purposes not permitted by this section shall be considered by
the Land Use Board as an application for a use variance.
E.
Floodplain management. The standards and regulations
set forth herein shall apply to all areas defined as floodplains,
floodways or flood hazard areas as defined by this chapter.
(1)
Permitted uses.
(a)
Within the floodway of any floodplain area,
the following uses, excluding structures, and no other shall be permitted:
[1]
Pasture and grazing land.
[2]
Recreational areas not requiring regrading or
removal of trees, shrubs or groundcover, such as a park, picnic grove
or boating club, but excluding closed structures or storage areas.
[3]
Game farm or fish hatchery.
[4]
Hunting and fishing preserve.
[5]
Wildlife sanctuary, woodland preserve or arboretum
[6]
Open spaces needed to meet yard and area requirements
for any permitted use in the zoning district in which said use is
located.
(b)
Within the remaining portions of floodplain areas, all uses listed in listed in subsection D(1) above, together with those uses permitted and regulated by this chapter for the zoning district in which the area is located as said zoning districts are set forth and delineated on the Zoning Map of Pittsgrove Township, shall be permitted, provided that:
[1]
The minimum lot area shall be two acres or the
prevailing lot area requirement for the zoning district, whichever
is larger.
[2]
The maximum lot coverage shall be 5%.
[3]
Any structure proposed to be erected, constructed
or located shall not have a basement.
[4]
First floor elevations of any principal use
structure shall be at or above the one-hundred-year flood elevation
level as determined by the Township Engineer.
[5]
Any new construction or substantial improvements
shall comply with the Township flood hazard provisions.
[6]
No vegetation removal or regrading of the site
shall be carried out within a floodplain unless expressly permitted
by the Township Land Use Board after site plan review. The Board shall
further determine that any land disturbance activity shall be the
minimum required to accomplish the use to be permitted.
[7]
No zoning permit shall be issued for any use
requiring new or expanded water or sewer facilities, including on-site
systems, without evidence of review and approval of the proper health
officials and, in addition, a statement by the Township Engineer that
said water and/or sewer facilities are so located and/or designed
to avoid impairment from flooding.
[8]
In the case of lots split by the floodplain
area designation, all construction and accompanying land disturbance
activities shall take place outside the floodplain area, unless construction
within or land disturbance of the floodplain area is permitted in
accordance with the provisions of this subsection.
[9]
Any proposed use shall be subject to the site plan review requirements as provided in § 60-12. The Land Use Board may attach additional reasonable conditions as necessary to comply with the intent of this section.
[10]
No fill shall be permitted in the floodplain
area.
(c)
Where less than 20% of an existing lot is located
within a floodplain area, the uses as permitted and regulated by this
chapter for the zone district in which the area is located shall apply,
provided that no structures are placed within the floodplain area
and no fill encroaches upon the flooding.
(d)
No nonconforming uses created as a result of
the enactment of these regulations shall be expanded or rebuilt or
reestablished in the event of their destruction or abandonment, except
as provided in this subsection.
(2)
Municipal liability. The granting of a zoning permit
in the floodplain area shall not constitute a representation, guaranty
or warranty of any kind by the Township of Pittsgrove or by any official
or employee thereof of the practicability and safety or floodplain
status of the proposed use or structure, nor shall the granting of
a permit create any liability upon the Township of Pittsgrove, its
officials or employees.
A.
Purpose. It is intent and purpose of this section
to recognize that woodlands are an important ecological, scenic and
economic resource worthy of protection and stewardship. Proper management
of this resource will insure its maintenance for all forest benefits
including but not limited to watershed protection, wildlife habitat,
recreational opportunities, the natural aesthetic appearance of the
community, and the economic returns of harvested timber. For these
reasons, the woodlands must be preserved, protected, enhanced and
maintained. The forestry regulations set forth hereinbelow are intended
to meet these objectives by providing opportunities for the continuing
use of the Township's forest resources which are compatible with the
maintenance of the environment. This can be accomplished by the improvement
of the forests through the application of sound management practices.
B.
Permit required. No forestry shall be carried out
by any person unless a permit for such activity has been issued by
the Township Zoning Officer. Notwithstanding this requirement, no
such permit shall be required for the following forestry activities:
(1)
Normal and customary forestry practices on residentially
improved parcels of land that are five acres or less in size;
(2)
Tree harvesting, provided that no more than one cord
of wood per five acres of land is harvested in any one year and that
no more than five cords of wood are harvested form the entire parcel
in any one year.
(3)
Tree planting, provided that the area to be planted
does not exceed five acres in any one year and no soil disturbance
occurs other than that caused by the planting activity;
(4)
Forest stand improvement designed to selectively thin
trees and brush, provided that no clearing or soil disturbance occurs
and that the total land area on the parcel in which the activity occurs
does not exceed five acres in any one year;
(5)
Prescribed burning and the clearing and maintaining
of fire breaks; and
(6)
Removal of any dead, diseased or other tree that is
likely to endanger life or property.
C.
Forestry application requirements: The information
required as set forth below shall be submitted to the Township Zoning
Officer prior to the issuance of any forestry permit:
(1)
For forestry activities on a parcel of land enrolled
in the New Jersey Forest Stewardship Program, a copy of the approved
New Jersey Forest Stewardship Plan. This document will shall serve
as evidence that the activities are consistent with the Township's
forestry regulations as contained herein.
(2)
For forestry activities on a parcel of land approved
for woodland assessment that is not enrolled in the New Jersey Forest
Stewardship Program:
(a)
A copy of the woodland management plan, the
scaled map of the parcel and a completed woodland data form, prepared
pursuant to the farmland assessment requirements of N.J.A.C. 18:15-2.7
through 2.15.
(b)
If not already contained in the woodland management plan required in Subsection C(1) above, the following shall be submitted:
[1]
The applicant's name, address and interest in
the subject parcel;
[2]
The owner's name and address, if different from
the applicant's, and the owner's signed consent to the filing of the
application;
[3]
The block and lot designation and street address,
if any, of the subject parcel;
[4]
A brief written statement generally describing
the proposed forestry activities; and
[5]
The relevant portion of a USGS Quadrangle map,
or copy thereof, and a copy of the relevant portion of the municipal
Tax Map sheet on which the boundaries of the subject parcel and the
municipal zoning designation are shown.
(d)
A letter from the Office of Natural Lands Management indicating whether any threatened or endangered plants or animals have been reported on or in the immediate vicinity of the parcel and a detailed description of the measures proposed by the applicant to meet the standards for the protection of such plants and animals set forth in §§ 60-42K(1) and 60-42BB(1).
(e)
Unless the Land Use Board determines that it is unnecessary, a cultural resource survey documenting cultural resources on those portions of the parcel where ground disturbance due to site preparation or road construction will occur and a detailed description of the measures proposed by the applicant to treat those cultural resources in accordance with § 60-42L.
(f)
A statement identifying the type, location and
frequency of any proposed herbicide treatments and how such treatments
will comply with the standards set forth in subsection C(8) below.
(g)
A statement identifying the specific steps to
be taken to ensure that trees or areas to be harvested are properly
identified so as to ensure that only those trees intended for harvesting
are harvested.
(h)
A letter from the New Jersey State Forester
indicating that the proposed forestry activities adhere to the silvicultural
practices contained in the Society of American Foresters Forestry
Handbook, Second Edition, pages 413 through 455.
(i)
A letter from the New Jersey State Forester
commenting on extent to which the proposed forestry activities are
consistent with the guidelines contained in the New Jersey Forestry
and Wetlands Best Management Practices Manual developed by the Department
of Environmental Protection and Energy. If the letter indicates that
the proposed activities are not consistent with the Best Management
Practices Manual, the applicant must submit a written statement addressing
the inconsistencies in terms of their potential impact on the standards
set forth in Subsection C(9) and (10) below.
(3)
For forestry activities on a parcel of land that has
not been approved for woodland assessment and is not enrolled in the
New Jersey Forest Stewardship Program:
(b)
A forestry activities plan which includes, as
appropriate:
[1]
A cover page for the forestry activity plan
containing:
[a]
The name, mailing address and telephone number
of the owner of the subject parcel;
[b]
The municipality and county in which the subject
parcel is located;
[c]
The block and lot designation and street address,
if any, of the subject parcel;
[d]
The name and address of the forester who prepared
the plan, if not prepared by the owner of the subject parcel; and
[e]
The date the plan was prepared and the period
of time the plan is intended to cover.
[2]
A clear and concise statement of the owner's
objectives for undertaking the proposed forestry activities, silvicultural
prescriptions and management practices;
[3]
A description of each forest stand in which
a proposed activity, prescription or practice will occur. These stand
descriptions shall be keyed to an activity map and shall include,
as appropriate, the following information:
[a]
The number of acres;
[b]
The species composition, including overstory
and understory;
[c]
The general condition and quality;
[d]
The structure, including age classes, diameter
breast height (DBH) classes and crown classes;
[e]
The overall site quality;
[f]
The condition and species composition of advanced
regeneration when applicable; and
[g]
The stocking levels, growth rates.
(4)
A description of the forest activities, silvicultural
prescriptions, management activities and practices proposed during
the permit period. This may include, but are not necessarily limited
to, a description of:
(6)
A property map of the entire parcel which includes
the following:
(a)
The owner's name, address and the date the map
was prepared;
(b)
An arrow designating the north direction;
(c)
A scale which is not smaller than one inch equals
2,000 feet or larger than one inch equals 400 feet;
(d)
The location of all property lines;
(e)
A delineation of the physical features such
as roads, streams and structures;
(f)
The identification of soil types (a separate
map may be used for this purpose);
(g)
A map inset showing the location of the parcel
in relation to the local area;
(h)
Clear location of the area and acreage in which
each proposed activity, prescription or practice will occur. If shown
on other than the property map, the map or maps shall not the scale,
which shall not be smaller than one inch equals 2,000 feet or larger
than one inch equals 400 feet, and shall be appropriately keyed to
the property map; and
(i)
A legend defining the symbols appearing on the
map.
D.
Forestry standards. Forestry operations shall be approved
if the standards set forth below will be met:
(1)
All silvicultural practices shall be conducted in accordance with the standards set forth in the Society of American Foresters Forestry Handbook, Second Edition, pages 413 through 455. Submission of an approved New Jersey Forest Stewardship Plan or the letter required pursuant to Subsection C(2)(h) above shall serve as evidence that this standard is met;
(2)
Any newly developed access to lands proposed for harvesting
shall avoid wetland areas except as absolutely necessary to harvest
wetlands species or to otherwise gain access to a harvesting site;
(3)
All silvicultural and reforestation practices shall
serve to maintain native forests, except in those areas where non-native
species area proposed to be harvested;
(4)
All forestry activities and practices shall be designed and carried out so as to comply with the standards for the protection of threatened and endangered plants and animals set forth in §§ 60-42K(1) and 60-42BB(1);
(5)
All forestry activities and practices shall be designed
and carried out so as to comply with the standards for the land application
of waste set forth in N.J.A.C. 7:50-6.79;
(6)
All forestry activities and practices shall be designed and carried out so as to comply with the standards for the protection of historic and archaeological and cultural resources as set forth in § 60-42L;
(7)
Herbicide treatments shall be permitted, provided
that:
(a)
The proposed treatment is identified in the forestry application submitted to the Zoning Officer pursuant to Subsection C(2)(f) above;
(b)
Control of competitive plant species is clearly
necessary;
(c)
Control of competitive plant species by other,
nonchemical means is not feasible; and
(d)
All chemicals shall be expressly labeled for
forestry use and shall be used in a manner that is consistent with
relevant state and federal regulations;
(8)
A vegetated stream side management zone shall be maintained
or established adjacent to streams, ponds, lakes and marshes, except
that no stream side management zone shall be required when Atlantic
White Cedar is proposed to be harvested or reestablished. The stream
side management zone shall be at least 25 feet in width. Where soils
are severely erodible, slopes exceed 10% or stream side vegetation
is not vigorous, the stream side management zone shall be increased
up to a maximum of 70 feet to buffer the water body from adjacent
forestry activities. Submission of an approved New Jersey Forest Stewardship
Plan or a letter from the State Forester indicating that the proposed
forestry activities are consistent with the New Jersey Forestry and
Wetlands Best Management Practices Manual shall serve as evidence
that this standard is met;
(9)
Stream crossings, access roads, timber harvesting,
skid trails, log decks, portable sawmill sites, site preparation,
and reforestation shall be designed and carried out so as to minimum
changes to surface and ground water hydrology; minimize changes to
temperature and other existing surface water quality conditions; prevent
unnecessary soil erosion, siltation and sedimentation; and minimize
unnecessary disturbances to aquatic and forest habitats. Submission
of an approved New Jersey Forest Stewardship Plan or a letter from
the State Forester indicating that the proposed forestry activities
are consistent with the New Jersey Forestry and Wetlands Best Management
Practices Manual shall serve as evidence that this standard is met;
and
(10)
A copy of the forestry permit issued by the Zoning
Officer shall be conspicuously posted on the parcel which is the site
of the forestry activity.
E.
Administration of forestry.
(1)
Applications for forestry permits to the Zoning Officer
and shall be accompanied by an application fee and escrow deposit,
where applicable.
(2)
Within 14 days of receipt of an application, the Zoning
Officer shall determine whether the application is complete and, if
necessary, notify the applicant in writing of any additional information
which is necessary to complete the application. Should the Zoning
Officer fail to make such a determination within 14 days, the application
shall be considered to be complete as of the 15th day following submission.
(3)
Within 45 days of determining an application to be complete pursuant to Subsection E(2) above, or within such further time as may be consented to by the applicant, the Zoning Officer shall issue a forestry permit if the activities proposed in the application comply with the standards in § 60-76C above or disapprove any application which does not meet the requirements of § 60-76C above. Any such notice of disapproval shall specifically set forth the deficiencies of the application.
(4)
Upon receipt of a notice of disapproval pursuant to Subsection E(3) above, the applicant shall have 30 days in which to correct the deficiencies and submit any necessary revisions to the application to the Zoning Officer for review. The Zoning Officer shall review the revised application to verify conformity with the standards in § 60-76C above and shall, within 14 days of receipt of the revised application, issue a forestry permit or disapprove the application pursuant to Subsection E(3) above.
(5)
Failure of the Zoning Officer to act within the time period prescribed in Subsection E(3) and (4) above shall constitute approval of the forestry application as submitted. At the request of the applicant, a certificate as to the failure of the Zoning Officer to act shall be issued by the municipality and it shall be sufficient in lieu of the written endorsement or other evidence of municipal approval required herein.
(6)
Once issued, forestry permits shall be valid for a
period of 10 years. No single applicant or property owner in any one
calendar year shall be issued:
(a)
More than two permits for ongoing forestry operations
at any one time. Issuance of further permits shall be dependent upon
the Zoning Officer's certification that woodcutting for one or both
of the current permits has been completed in a satisfactory manner
as provided herein and such certification shall not be unreasonably
withheld.
(b)
More than a total of three permits regardless
of the acreage involved in any one or all three permits.
(7)
Anything to the contrary notwithstanding, no more
than 1,000 acres within the Township shall be subject to harvesting
in any given year. During any one calendar year only one forestry
permit shall be issued for any one tract or parcel of land regardless
of the parcel or tract size, ownership or the applicant involved.
The Zoning Officer shall maintain a current tally of the number of
active forestry permits issued.
F.
Administrative fees. Upon the issuance of a forestry permit pursuant to Subsection E(3) above, the applicant shall be required to pay an administrative fee which shall serve as reimbursement for any administrative costs incurred by the Township during the ten-year permit period. The applicant shall not be subject to any additional fees or escrow requirements for the duration of the forestry permit.
G.
Notification of harvesting. No harvesting shall be
commenced until the applicant has provided the Zoning Officer with
72 hours' written notice of the intention to begin harvesting operations.
H.
Woodcutting or clear cutting of small tracts, filing
of letter of intent.
(1)
Prior to cutting wood on any tract or parcel of land within the Township of less than five acres and which is not subject to a forestry regulations as set forth herein Subsections A through G above, the person proposing to cut wood shall file with the Township Zoning Officer a letter of intent to undertake woodcutting as required in Subsection H(2) below. The letter of intent shall be delivered to the office of the Zoning Officer or sent by certified mail to said office at least 10 days before commencing said woodcutting operation. No woodcutting shall commence until 10 days after the letter of intent is submitted or sent by certified mail to the Zoning Officer. Notwithstanding the provisions herein, the requirement for filing a letter of intent to undertake woodcutting or clear cut any tract or parcel of land as required hereinabove shall not be applicable to:
(a)
Any tree located on a parcel of land one acre
or less in size on which a residence has been constructed or is being
constructed (construction permit issued);
(b)
Any tree located on a parcel of land proposed
for development which has received approval of the Land Use Board
or a zoning permit and which has as part of the process of obtaining
said approval or permit addressed the issue of the removal of trees
from the land proposed for development;
(c)
Any tree growing on property actually being
used as a nursery, garden center, Christmas tree plantation, an orchard
or any other bona fide agricultural or horticultural use or activity;
(d)
Any tree growing on a public right-of-way or
on land being used for a sanitary landfill;
(e)
Any tree to be cut for personal use by the owner;
or
(f)
Any dead, diseased, or other tree that is likely
to endanger life or property provided that said tree cutting does
not involve more than five trees or the clear cutting or more than
one acre of land.
(2)
The letter of intent required to be filed with the
Zoning Officer as noted in Subsection H(I) above shall include the
following:
(a)
The name, current address and telephone number
of the person proposing to undertake the woodcutting.
(b)
The address including Township Tax Map block
and lot numbers for the parcel(s) wherein the proposed woodcutting
is to occur.
(c)
The name and address of the owner of the property identified in Subsection H(2)(b) above where the woodcutting is to take place.
(d)
If the property wherein the woodcutting is to
take place is now owned by the person proposing to cut wood, documentation
from the owner of the property that the person proposing to cut wood
has permission to do so.
(e)
The estimated amount of wood to be cut and a
brief identification of the number, type and size of trees to be cut.
(f)
A schedule for when the woodcutting is to take
place.
(g)
The purpose of the woodcutting, e.g., to clear
land for permitted development, sale of wood, removal of diseased
or damaged trees.
(3)
All woodcutting or clear cutting of a property shall
conform to the following requirements:
(a)
No woodcutting operation shall involve more
than two separate tracts or parcels of land as shown on the current
Tax Map of the Township.
(b)
During any one calendar year only one woodcutting
operation shall be allowed on any one tract or parcel of land regardless
of the parcel or tract size, ownership or the person undertaking the
woodcutting unless authorized by the Land Use Board.
(4)
Letter of intent.
(a)
Upon receipt of a letter of intent to undertake
woodcutting or clear cutting of a tract or parcel of land as required
herein, the Zoning Officer shall review said letter to assure that
the proposed woodcutting or clear cutting activity is in accordance
with the requirements of applicable regulations. If the activity is
in compliance with said requirements, the Zoning Officer shall maintain
a log of the activity for reference and further action if required
as result of violation of said requirements during the woodcutting
or clear cutting activity.
(b)
If the review of the letter of intent by the
Zoning Officer is not in compliance with the requirements of applicable
regulations, then the Zoning Officer shall immediately notify the
person filing the letter of intent of said noncompliance and prohibiting
said woodcutting or clear cutting from commencing. Once woodcutting
or clear cutting has already commenced, the Zoning Officer shall notify
the person filing the letter of intent of any noncompliance and a
cease work order until said noncompliance is corrected.
For purposes of this section, a home occupation, a home professional occupation, and a commercial home occupation as defined in § 60-4 shall be subject to the following conditions and requirements:
A.
Home occupation. A home-based business or occupation
operated by a resident or residents of the dwelling unit wherein said
business is located shall be permitted in all residential districts
within the Township as an accessory use as set forth in the Schedule
of District Regulations,[1] subject to the issuance of a zoning permit and complying
with the following requirements:
(1)
The home occupation shall employ only residents of
the dwelling and no more than two nonresidents in the dwelling wherein
the business is located. There shall be only one home occupation per
residence or dwelling unit.
(2)
The home occupation use shall be clearly incidental and secondary to the use of the dwelling for residential purposes and the exterior appearance of the structure or premises is designed, constructed and maintained as a residential dwelling. No goods shall be displayed on the premises or visible from the street unless the owner of a home occupation obtains a variance from the Land Use Board to have an artisan's display as provided for in § 60-101B. Additionally, the home occupation shall be located within a dwelling unit suited to the business or occupation to be undertaken therein and shall be on property capable of supporting parking for its employees and clients or guests in addition to that required for the home itself. The home occupation shall have no more deliveries or visitors than would be expected of a residential dwelling.
(3)
No more than 25% of the principal residential structure,
nor more than 750 square feet of any accessory structure, shall be
used or occupied by the home occupation.
(4)
Off-street parking spaces required to be provided in accordance with the provisions of § 60-80 herein in addition to those required for the residential unit(s) and said parking shall not be located in any required front yard areas. Parking requirements shall be based on § 60-80 based on the type of occupation or business activity is being undertaken. In no case shall parking requirements be in excess of three additional parking spaces in addition to those required for a residential use. Where parking spaces required exceed a total of three spaces, then a minor site plan shall be required to be submitted to the Land Use Board to assure that improvements regarding off-street parking, driveways, buffers and screening, sidewalks, lighting as provided for in Article V herein shall be provided and that the site is made suitable to permit same.
(7)
All applications for home occupations shall be subject
to review by the Construction Official and the issuance of a certificate
of occupancy.
(8)
The residential character of the lot, building and area shall not be changed. No occupational sounds shall be audible at any property line, and no equipment utilized which will result in radio or television interference. No goods or products may be displayed which may be visible from the street except as provided in § 60-101.
(9)
The sale of goods or commodities shall only be permitted
if they have been produced on the premises or if they are incidental
to a service provided on the premises.
[1]
Editor's Note: Said schedule is included at the end of this chapter.
B.
Commercial home occupation.
(1)
It is the intent of this subsection to allow more
intense, commercial-type activity as a home occupation within those
areas of the Township zoned for B-1 Neighborhood Business. The mixing
of commercial and residential activity is intended to recreate and
permit within reasonable limits activities which historically occurred
in hamlets or localities and which defined their sense of place.
(2)
The commercial home occupation is different from a
home occupation in that it is intended to permit residents within
the boundaries of the specifically zoned districts therein to conduct
from their home commercial activities in a scope, operation and size
commensurate with the density of their neighborhood in which said
home is located and to permit a more intense commercial use of a residential
property than otherwise permitted for a home or home professional
occupation. The occupation, artistic pursuit, craft or commercial
home occupation use to be conducted for gain or support of the resident
owner shall be directly related to serving the needs of the neighborhood,
its residents or visitors.
(3)
A commercial home occupation shall be allowed as an
accessory use to a detached single-family residential dwelling as
provided in the Schedule of District Regulations[2] subject to the following conditions:
(a)
The residence wherein the commercial home occupation
is to be located shall be on an arterial or collector street within
a B-1 Neighborhood Business Zoning District.
(b)
The resident owner of the dwelling wherein the
commercial home occupation is located must own the commercial home
occupation. As noted herein above, the commercial home occupation
is considered as conditional and accessory to the residential use
of the dwelling and shall cease operation when the owner of the dwelling
moves or sells the residence wherein the commercial home occupation
is located.
(c)
A home commercial occupation shall be carried out as prescribed in Subsection B(1) and be subject to the following conditions and standards:
[1]
The commercial home occupation must be located
within a detached single-family residential structure.
[2]
The home commercial occupation shall be clearly
incidental and secondary to the primary residential use of the structure
in which it is located. To this end, allowable area to be used or
occupied by the commercial home occupation shall be no more than 35%
of the principal residential structure, or in more than 1,000 square
feet of any accessory structure.
[3]
The exterior appearance of the structure or premises may be modified to allow for the display of goods or the placement of an artisan's display as per § 60-101B. No display of goods shall be closer than 10 feet to a street right-of-way line. The use of porches to display goods shall be permissible for commercial home occupations in accordance with the provisions of § 60-101B.
[4]
The occupation, artistic pursuit, craft or commercial
activity is to be intended to serve needs of the neighborhood and
surrounding areas within the Township, and visitors drawn to it by
familial, cultural, ecological, recreational or historical resources
or events therein.
[a]
For purposes of this subsection, "commercial
activity" shall be limited to products or services related to the
neighborhood's residents' or visitors' needs and merchandise related
to or indicative of the Township's culture, ecology, history, and
recreational resources, or similar products; and general services
like hairstyling, professional services, business or financial services
and similar service activities including those catering to tourists
or visitors.
[5]
A commercial home occupation shall operate at
times as allowed by the Land Use Board to be determined at the time
of site plan review.
[6]
A commercial home occupation shall provide sufficient parking as determined by the standards in § 60-80 herein either on or off site. Additionally, a commercial home occupation which provides on-site parking shall provide pedestrian accessways for the use of its customers and patrons.
[7]
Site plan review and approval shall be required for any commercial home occupation as set forth in § 60-12. In reviewing the site plan, the Land Use Board shall require sufficient buffers or limitations on hours of operations to avoid unnecessary or unreasonable detrimental effects on adjoining residential properties from the more intense commercial style activities herein allowed. In meeting this criteria, the Land Board shall be guided in determining the degree of buffer or limitation on whether or not the adjoining residential use also includes a home, home professional or commercial home occupation. Any activity not conforming to the provisions contained herein this section shall be deemed to be a commercial or business use and treated accordingly as set forth in this chapter for such commercial or business use. In the event that any home occupation, home professional occupation or home commercial occupation exceeds the limits and restrictions of this section as reasonably determined by the Zoning Officer, then it shall be deemed a commercial or business activity subject to compliance with this chapter including the obtaining of a variance for said activity.
[2]
Editor's Note: Said schedule is included at the end of this chapter.
C.
The Zoning Officer shall decide whether a use meets
the home occupation and standards listed in this chapter. If the Zoning
Officer is unable to decide whether a proposed use is a home occupation
or whether a use violates the standards of this section, the Land
Use Board shall make the final determination.
[Amended 11-26-2002 by Ord. No. 7-2002]
A.
In addition to the normal site plan review information,
the following information shall be provided to the approving authority
for all intensive fowl or livestock operations:
(1)
The purpose of the operation and the manner in which
animals or fowl would be housed or ranged.
(2)
The number, size; species and type of animals or fowl
proposed to be kept and the number of each per gross acre.
(3)
The location of any outside fowl ranges or livestock
pens or corrals.
(4)
The location of and methods of the storage, disposal
or other utilization of liquid and/or solid wastes.
(5)
The design of any enclosures and the provisions for
adequate fighting and ventilation.
(6)
A written opinion of the county agricultural agent
concerning possible nuisance characteristics and the adequacy of measures
proposed to deal with them.
(7)
A written report from the Soil Conversation District
setting forth the adequacy of plans for liquid and/or solid waste
disposal.
B.
Any intensive fowl or livestock farm shall be located
on a land parcel having a minimum of 10 acres.
C.
Any enclosure or fenced run for the containment of
fowl or livestock or for the storage of animal waste on an intensive
fowl or livestock farm shall not be closer than 200 feet to any property
or street line.
D.
The feeding of swine upon garbage or similar refuse
material, either cooked or uncooked, is specifically prohibited.
E.
Any certificate of occupancy shall remain valid only
so long as the intensive fowl or livestock farm is operated in a nuisance-free
manner in accordance with the above listed standards and any additional
conditions imposed by the approving authority.
Off-street loading and maneuvering spaces shall be provided for the loading and unloading of vehicles on the lot on which is located a use for which the loading space is required. Design standards for such off-street loading and maneuvering spaces are set forth in § 60-42T. The requirements pertaining to provision of off-street loading and maneuvering spaces are set forth as follows:
A.
A minimum of one off-street loading space per nonresidential
use shall be provided, except that, where more than one use shall
be located in one building or where multiple uses are designed as
part of a self-contained complex, the number of loading spaces shall
be based on the cumulative number of square feet within the building
or complex and shall be dispersed throughout the site to best serve
the individual users.
B.
There shall be at least one central point for trash/garbage
pickup in multifamily and nonresidential uses which shall be separate
from parking and loading areas by locating such facility either within
a building or outside of a building in a totally enclosed metal container(s),
obscured from view from parking areas, streets and adjacent residential
uses or zoning districts by a fence, wall, landscaping or combination
of the three. If located within the building, the doorway(s) may serve
both the loading and trash/garbage collections functions. If a container
is used for trash/garbage collection functions and is located outside
the building, it may be located adjacent to or within the general
loading area(s), provided that the container(s) do not interfere with
or restrict in any manner loading and unloading functions.
C.
The minimum number of spaces required per specific
use shall be:
(1)
Funeral home: one space per 2,500 square feet of floor
area. Dimensions of a loading space for this use may be reduced to
33 by 12 feet.
(2)
Hospitals: one space per 10,000 square feet of gross
floor area.
(3)
Retail stores, excluding commercial home occupations:
one space per 4,000 square feet of gross floor area.
(4)
Office uses: one space per 20,000 square feet of gross
floor area.
(5)
Warehousing, indoor storage, shipping and receiving
facilities: one space per 10,000 square feet of gross floor area.
(6)
Research, testing, laboratory, manufacturing and assembly
facilities: one space per 20,000 square feet of gross floor area.
(7)
Manufacturing uses: one space per 12,000 square feet
of gross floor area.
(8)
Other uses: as determined by the Land Use Board based
on the above standards and the proposed use with consideration being
given to the volume and frequency of loading and delivery involved
and the character of the area in proximity.
D.
Where any use if located on a tract of at least 50
acres and no portion of a loading area, including maneuvering areas,
is closer than 200 feet to any property line and where the length
of the driveway connecting the loading area to the street is at least
300 feet, the number of off-street loading spaces may be fewer than
the number required by the above schedule, provided that the applicant,
as part of the site plan application, shall indicate on the site plan
and shall document to the Land Use Board that the number of spaces
to be provided will be adequate to meet the needs of the specific
use proposed. Proof of such sufficiency may include areas on site
where trucks waiting to unload may stand or park until the loading
area is free or ready.
E.
The conformance of any use requiring loading facilities
shall remain valid so long as such facilities are provided and maintained
in accordance with the following requirements:
(1)
They shall be provided and maintained so long as the
use exists which the facilities are designed to serve.
(2)
Reasonable precautions shall be taken by the owner
or sponsor of the particular use to assure the availability of required
facilities to the delivery and pickup vehicles that they are designed
to serve.
F.
Access to a loading space shall be provided directly
from a public street or alley or from any right-of-way that will not
interfere with public convenience and that will permit orderly and
safe movement of trucks or delivery vehicles.
G.
Loading space(s) as required under this section shall
be provided as area in addition to off-street parking space and shall
not be considered as supplying off-street parking.
H.
Off-street loading spaces and maneuvering areas shall
be surfaced with a dustless, durable, all-weather pavement, which
shall be adequately drained, all subject to the approval of the Township
Engineer.
I.
Any use which can reasonably be expected to have a
number of trucks making deliveries or pickups on a daily basis which
may require delays in order to make such deliveries and pickups shall,
in addition to any required loading space, provide truck waiting or
standing area in order to avoid undue or unsafe interference with
the public use of streets or alleys.
A.
Each building or site which, after the effective date
of this chapter, is erected, enlarged or altered for any of the following
uses in any district shall provide and satisfactorily maintain the
minimum number of off-street parking spaces set forth herein. Where
a particular building or site contains more than one of the following
categories of uses, the total parking requirements shall be the sum
of the component parts.
|
Type of Use
|
Minimum Parking Spaces
| |||
|---|---|---|---|---|
|
Residential uses
|
All residential uses shall comply with the parking
standards provided by the Residential Site Improvement Standards
| |||
|
Commercial establishments or uses
| ||||
|
Home occupation as per § 60-77
|
1 per each employee not an occupant or resident
of the home in which the occupation is located, plus the requisite
number of spaces required for the residential uses on the lot and
any activities of the home occupation for which parking would be required
such as client or customer parking, in no case to exceed 5 total parking
spaces
| |||
|
Home occupation, bed-and-breakfast
|
Same as a home occupation plus 1 per each room
available for occupancy by guests
| |||
|
Commercial home occupation
|
Same as a home occupation hereinabove
| |||
|
Retail store, service business
|
1 per 150 square feet of gross leasable floor
area plus 1 for each employee
| |||
|
Supermarkets
|
1 per every 150 square feet of gross floor area,
plus 1 for each employee
| |||
|
Service station
|
2.5 for each service bay
| |||
|
Theaters
|
1 for each 4 seats
| |||
|
Shopping center
|
5.5 per 1,000 square feet of gross leasable
floor area
| |||
|
Bank
|
6 per teller window
| |||
|
Motels and hotels
|
1 per room plus 1 for each employee. If a meeting
or conference room or rooms are provided, then 1 for each 4 persons
of the rated capacity of said rooms. If other uses are incorporated
as part of any motel or hotel, additional spaces shall be provided
in accordance with this section.
| |||
|
Restaurant
|
1 per 3 seats devoted to service, plus 1 for
each full-time employee
| |||
|
Funeral home
|
10 plus 1 per each 50 square feet devoted to
chapel or slumber room and 1 for each employee
| |||
|
Offices
| ||||
|
General
|
1 for each 250 square feet of gross leasable
floor area, plus 1 for every 2 full-time employees
| |||
|
Medical, dental or veterinary
|
6 per doctor, plus 1 per doctor or employee
| |||
|
Research laboratory
|
1 per employee, plus 10%
| |||
|
Wholesale store or furniture store
|
Exclusive of storage space, 1 per 400 square
feet, plus 1 for each employee
| |||
|
Motor vehicle establishment
|
1 per each 300 square feet of gross floor area,
plus 1 for each employee
| |||
|
Flea markets
|
3 per each table or booth, plus 1 per employee
| |||
|
Auction or outdoor sale
|
1 per each 150 square feet of gross floor or
ground area utilized for sale, plus 1 per employee present
| |||
|
Roadside stand
|
3 spaces plus 1 additional space per each 100
square feet of display area in excess of 300 square feet
| |||
|
Community facilities
| ||||
|
Church, house of worship
|
1 for each 3 seats or at least 1 for each 50
square feet of gross floor area used or intended to be used for service
to patrons, guest or members, whichever requires the greater number,
plus 1 for each full-time employee
| |||
|
Assembly hall, auditorium or community center
|
1 for each 4 seats or at least 1 for each 100
square feet of floor area used or intended to be used for service
to customers, patrons, clients, guests or members, whichever is greater,
plus 1 per each full-time employee
| |||
|
Hospital
|
1.5 per bed
| |||
|
Nursing home
|
1 per each 3 beds
| |||
|
0.75 per living unit, plus 1 for each full-time
employee on the largest shift
| ||||
|
Schools
| ||||
|
Elementary, middle or junior high schools
|
1 per each employee plus 10%
| |||
|
High school
|
10 per classroom
| |||
|
College
|
1 per every 2 students, plus 1 per every 4 dormitory
beds
| |||
|
Library or museum
|
1 per every 500 square feet of gross floor area
| |||
|
Industrial establishments
| ||||
|
Industrial, manufacturing use
|
1 per employee plus 10% or 1 per every 750 square
feet of gross floor area, whichever is greater
| |||
|
Storage warehouse
|
1 per employee plus 10% or 1 per every 750 square
feet of gross floor area, whichever is greater
| |||
|
Recreational facilities
| ||||
|
Clubs, golf clubhouses, commercial and noncommercial
uses
|
1 for each 6 persons of rated capacity
| |||
|
Bowling alley
|
4 per alley
| |||
|
Campgrounds
|
1 per campsite, plus visitor parking as provided
for clubs and 1 for each employee
| |||
|
Golf course
|
4 per hole plus parking as provided for a clubhouse
| |||
|
Skating rink
|
1 for each 120 square feet of skating area
| |||
|
Other uses:
|
To be determined by the Land Use Board based
upon the requirements contained herein for similar uses and the factors
generating parking need, such as number of patrons, floor area, seating
capacity or availability of public transportation.
| ||
B.
General regulations applying to required off-street
parking facilities.
(1)
Structures and uses in existence at the date of adoption
of this chapter shall not be subject to the requirements of this section
so long as the kind or extent of such use is not changed, provided
that any parking facility now serving such structure or uses shall
not in the future be reduced below such requirements.
(2)
Whenever there is an alteration of a structure or
change or extension of a use which increases the parking requirements
according to the standards for this chapter, the total additional
parking required for the alteration, change or extension shall be
provided in accordance with the requirements of this section.
(3)
No parking area shall be used for any use that interferes
with its availability for the parking need it is intended to serve.
Handicapped parking shall be provided as required by law.
(4)
All required parking facilities shall be provided
and maintained so long as the use exists which the facilities were
designed to serve. Off-street parking facilities shall not be reduced
in total extent after their provision except upon the approval of
the Land Use Board and then only after proof that, by reason of diminution
in floor area, seating area, the number of employees or changes in
other factors controlling the regulation of the number of required
parking spaces, such reduction is in conformity with the requirements
of this section. Reasonable precautions shall be taken by the owner
or operator of particular uses to assure the availability of required
facilities to the employees or other persons whom the facilities are
designed to serve. Such facilities shall be designed and used in such
a manner as to at no time constitute a nuisance or a hazard or an
unreasonable impediment to traffic.
(5)
Where the computation of required parking space results
in a fractional number, any fraction of the next highest number shall
be counted as one.
C.
The parking spaces required herein may be located
elsewhere than on the same lot as the use they serve when authorized
as a conditional use subject to the following conditions:
(1)
The owner or owners of two or more establishments
or properties shall submit with their application for combined parking
conditional use a site plan showing joint use and location of a common
off-site parking area.
(2)
Some portion of the common off-street parking lies
within 200 feet of an entrance, regularly used by patrons, into the
establishment served thereby.
(3)
The Land Use Board may, at its discretion, reduce
the required aggregate amount of required parking space upon determination
that greater efficiency is effected by joint use of a common parking
area, but in no case shall the ratio of total off-street parking area
to gross floor area be reduced less than 25%.
(4)
The parking area is not to be located across a street,
roadway or thoroughfare unless a specific crossing, such as an overpass
or traffic signal along a state highway or arterial road, is provided
for persons utilizing said parking area. In the case of establishments
within the B-1 Neighborhood Business Zoning District and not located
on a state highway or arterial road, a street, roadway or thoroughfare
crossing using pavement crosshatch markings and signs warning motorists
of pedestrian crossing may be permitted where such a crosswalk can
be constructed in accordance with the Manual on Uniform Traffic Control
Devices.
(5)
It is the intent of this subsection to recognize the
nature of a home occupation and/or a commercial home occupation and
to recognize its limited size and scope of activity. Additionally,
the Land Use Board may consider the nature of the area where said
use is located and reasonably allow deviation from strict compliance
with off-street parking requirements in the case of such home occupations
or commercial home occupations as deemed appropriate to protect public
safety. To this end and when requested in writing by the applicant
for approval of such a home occupation or commercial home occupation,
the Land Use Board may grant a waiver from required on-site parking
requirements by allowing the applicant to use on-street parking or
off-site parking spaces in satisfying the parking requirements as
set forth herein this section; or grant a waiver from meeting a portion
or all of the parking required of said home occupation or commercial
home occupation for a home occupation or commercial home occupation
based on the following conditions:
(a)
The type of business or activity and the availability
of suitable parking on site or along streets adjoining the property
involved or in close proximity thereto.
(b)
The anticipated area from which the bulk of
the clients or customers of the home occupation or commercial home
occupation are expected to be drawn, i.e., are they coming from the
immediate neighborhood, or are they coming from a further distance.
In this regard, consideration may be given to anticipated pedestrian
travel of clients or customers based on their origin.
(c)
Submission of written proof that the applicant
owns, leases or is permitted to utilize off-site parking for the home
occupation or commercial home occupation's clients or customers. Said
agreement must be submitted by the applicant and specifically allocated
and reserve said parking for the home occupation or commercial home
occupation, be within reasonable proximity to the property whereon
the home occupation or commercial home occupation is to be located,
and existing conditions will permit pedestrian access between the
off-site parking and the applicant's property.
(d)
In determining the suitability of any such reduction
of parking required, allowing of on-street or off-site parking, or
a waiver thereof, the Land Use Board may request testimony or comments
from appropriate experts and officials familiar with the locations
and roadways involved in the request. The Land Use Board may require
the applicant to obtain, at his/her cost, such expert testimony and/or
reports attesting to said suitability of the applicant's request.
D.
A private garage constructed as an accessory use in
a residential zoning district shall be subject to the following special
provisions in regard to its location:
(1)
In the case of a corner lot, said private garage shall
be located at least 10 feet from the rear yard nearest the side street
line, and it shall set back from the rear lot line a distance equal
to the required minimum width of a side yard for the district in which
it is located.
(2)
An attached private garage shall be subject to the
yard requirements of the principal structure to which it is attached.
(3)
Community garages when built on the same lot as a principal building shall be located in conformance with the requirements of this section for private garages; but when built as the principal use on a separate lot, they shall conform to the setback provisions for the principal use for the district within which they are located and to the side yard and rear yard provisions for a private garage as given in § 60-80D(1) and (2).
E.
A commercial parking lot shall be subject to the following
provisions:
(1)
No commercial parking lot shall hereafter be constructed
or located within 100 feet of any residential zoning district or 20
feet of a residence within a B-1 Neighborhood Business Zoning District.
(2)
No commercial parking lot shall have an entrance or
exit connected with a public street at a point closer than 200 feet,
measured along the same street line in the same block, to any single-family
detached or attached dwelling, church, library, charitable institution,
school, college, nursing home or hospital or similar use or any entrance
or exit thereto.
(3)
Within the neighborhood business, highway business or industrial/commercial zoning districts, a commercial parking lot or area for less than 10 spaces shall be at least 20 feet from an adjoining residential property and be buffered by a fence, wall, landscaping or combination of both sufficient to prevent headlight glare and blowing of debris or trash onto the adjoining residential property. The Land Use Board in approving a site plan may increase this buffer width where deemed necessary to provide for the prevention of nuisance or detrimental to an adjoining residential property. Any buffer created to satisfy the requirements of this subsection shall be aesthetic in appearance as seen from adjoining roads or properties and if assembled of landscaping and vegetation; said vegetation shall conform to the provisions of § 60-42BB.
F.
No motor vehicle or motor vehicle and trailer in combination
which shall weigh in excess of 8,000 pounds shall be placed or stored
in any zoning district in such a way as to obstruct driver vision
or cause a safety hazard. Additionally no such vehicle or vehicle
and trailer combination shall be placed or stored in a residential
zoning district in such a way as to create a nuisance from noise,
glare or exhaust to adjoining properties.
G.
The placing or storing of a single commercial vehicle
at the residence of the owner or operator of said vehicle does not
constitute the parking of a commercial vehicle in a noncommercial
zone provided that:
(1)
Said placing or storing is limited to a single vehicle;
(2)
This interpretation is limited to temporary placing
or storing of said vehicle and does not extend to the repair or maintenance
of said vehicle or any commercial activity being conducted on-site;
and
(3)
The location of said vehicle's placement on the property
is in such a manner as to not create a nuisance to the residential
neighbors or otherwise violate any applicable municipal ordinance.
A.
Outdoor storage of any type shall not be permitted unless such storage is normally incidental to the permitted use(s) and part of the normal activities conducted on the premises therewith said permitted use(s). All outdoor storage shall be subject to the requirements of the zoning district in which it is located including setbacks, area and coverage requirements, and shall be screened as provided for in § 60-42E from any property used or zoned for residential purposes. No storage shall be permitted in front yard areas.
B.
In the case of a home occupation as set forth in § 60-77 or a commercial activity, merchandise may be located in the front yard area during normal business hours to display the type of merchandise made and/or available for purchase on site. Additionally, agricultural products in a farm or roadside stand as permitted in § 60-101A, a vehicle, lawn or farm equipment, boat or similar item so normally displayed for sale and if owned by a resident of the property upon which is displayed, for sale, shall be allowed within a front yard area.
C.
Travel trailers or recreational vehicles.
(1)
Travel trailers or recreational vehicles used for
camping or lodging may be stored on the property of their owner and
shall be considered as an accessory use and subject to the standards
set forth in the Schedule of District Regulations[1] for an accessory use to a residential use in the zoning
district in which it is to be stored. Storage of a such a travel trailer
or recreational vehicle used for camping or lodging shall be limited
to two and stored in such a way as to not cause a nuisance to adjoining
properties or a safety hazard with regard to vision along adjoining
driveways and/or streets. There shall be no hookup or connection of
travel trailer or recreational vehicle used for camping or lodging
to any utility line or facility.
[1]
Editor's Note: Said schedule is included at the end of this chapter.
(2)
Other recreational vehicles as defined in § 60-4 may be stored on the property of their owner as an accessory use subject to the standards set forth in the Schedule of District Regulations[2] for an accessory use to a residential use in the zoning
district in which it is to be stored. Not more than two travel trailers
or recreational vehicles for camping or lodging and two other recreational
vehicles shall be stored outdoors on any one property. The storage
of such any recreational vehicle shall not be in any front yard area.
No travel trailer or similar recreational vehicle used for camping
or lodging shall be occupied or used as a dwelling place or for the
conduct of any business.
[2]
Editor's Note: Said schedule is included at the end of this chapter.
No sign shall be erected, reerected, constructed,
altered, placed or maintained except as provided for in this section.
No sign of any type shall be permitted to obstruct driver vision,
traffic signals, traffic directional and identification signs, other
places of business signs, or windows of buildings on which they are
located, or fire escapes, doors or ventilation openings. No sign shall
be attached to trees, fence posts, stumps, utility poles, bridges,
culverts, or other signs. All signs shall be freestanding or attached
to buildings in an approved manner and located on said lot the use
for which they advertise. Signs shall be permitted in accordance with
the following standards and requirements:
A.
In all zoning districts, the following signs shall
be permitted without obtaining a zoning or sign permit:
(1)
All signs and signals owned and operated by the Township
of Pittsgrove, the County of Salem, the State of New Jersey or the
United States government or their respective agencies. The Land Use
Board at its discretion may approve groupings of signs for direction
and information as to public access facilities, such as eating, lodging,
boating, camping, historical and recreational facilities. Such groupings
shall be limited to a maximum of 32 square feet of information area
and the content and appearance shall be at its discretion.
[Amended 8-26-2008 by Ord. No. 8-2008]
(2)
Identification signs for public or quasi-public facilities,
such as schools, churches, hospitals, libraries or museums not exceeding
two square feet in area.
(3)
Memorial or historical markers or tablets not exceeding
four square feet in area.
(4)
Customary on-site real estate signs temporarily advertising
the sale, rental or lease of the premises or portions thereof, and
professional offices or home occupation nameplates (or signs). No
such sign shall exceed six square feet in area, nor shall there be
more than one such sign for each 200 feet or part thereof of road
frontage contained in the property on which such sign is to be located.
Such signs shall only be located on the property where the use or
structure is located that said sign(s) are advertising or identifying.
Such signs shall be removed at the expense of the advertiser within
15 days after the termination or completion of the matter or business
advertised. Where a property for sale or rent is located on a residential
street used only for access to properties located thereon, a directional
sign indicating a property for sale or rent on said street may be
placed at the intersection of said street and the collector or arterial
street into which it empties, provided said identification sign is
not larger than four square feet in size.
(5)
Street number designations, postal boxes, on-site
directional and parking signs, warning signs and signs posting property
as "Private Property," "No hunting or gunning," "No trespassing" or
similar signs which do not exceed two square feet in area.
B.
All signs shall be designed, constructed and maintained
in accordance with the following standards and provisions:
(1)
No freestanding sign shall exceed the maximum building
height permitted for the same in the district in which it is located,
and no attached sign shall be higher at any point than the roof line
of the building to which said sign is attached. No attached sign shall
project into or hang over a street right-of-way, and no sign shall
project beyond a building in a manner placing it above areas traversed
by motor vehicles, such as but not limited to driveways and parking
or loading areas.
(3)
Illuminated signs shall be so arranged as to reflect
the light and glare away from adjoining premises and away from adjoining
streets and/or rights-of-way so as to avoid a traffic hazard.
(4)
Sign area shall be measured around the outside edges
of a framed or enclosed sign or by the area utilized by isolated words
and/or symbols, including background, whether open or enclosed, but
said area shall not include any supporting framework and bracing incidental
to the display itself.
(5)
Signs and sign structures of all types shall be located to allow a clear, unobstructed line of vision as specified in § 60-42CC.
(6)
Signs with more than one exposure shall be measured
for area by using the surface area of one side providing one side
is visible from either direction on the adjoining road. All sides
however, may be used for display providing the total area does not
exceed double that allowed for the single side.
(7)
All signs shall be constructed of durable material
such as wood, metal, stone or masonry. Whenever possible, signs and
materials used to construct same shall be harmonious with its scenic
surroundings.
C.
The following signs are prohibited in all districts:
(1)
Signs with red, yellow, orange or blue illumination
in a beam, beacon, or flashing form resembling an emergency light
or traffic control device in any location.
(2)
Portable signs, i.e., fixed on a movable stand or
frame which is self-supporting without being firmly embedded in the
ground, supported by other objects, mounted on wheels or movable vehicles
or made easily movable in some other manner.
(3)
Signs using mechanical or electrical devices to revolve,
flash or display movement or the illusion of movement.
(4)
Signs using sudden light changes.
(5)
No outdoor, off-site advertising sign, other than
signs advertising agricultural roadside stands, shall be permitted
within the A Agricultural and C Conservation Zoning Districts. Within
these cited zoning districts outdoor, off-site advertising signs shall
only be permitted in accordance with the following conditions:
(a)
The sign shall be located along an arterial
or collector road as defined and identified in the adopted Township
Master Plan;
(b)
The sign shall not be located so as to block
the scenic view of any river, marsh or wetland, historical structure
or site, or other natural or cultural landmarks or characteristics
as identified by the adopted Township Master Plan;
(c)
Signs shall not be located closer than 30 feet
to any street right-of-way or property lines. No outdoor, off-site
advertising signs shall be located closer than 100 feet to any church,
school, public building or residence;
(d)
If illuminated, no such lighting shall create
a danger or nuisance from glare or direct lighting upon adjoining
properties or roadways; and
(e)
No such sign shall be of an overall height greater
than 15 feet or an area greater than 32 square feet.
(6)
Within the Township, no existing sign which does not
conform to this section shall be permitted to continue beyond three
years after the effective date of this chapter.
D.
In any district where the following uses are permitted,
the following signs shall be permitted in connection with said uses:
(1)
Churches, places of worship. One freestanding sign
not exceeding 12 square feet in area and 10 feet in height and set
back at least 25 feet from all street rights-of-way and lot lines.
Not more than one such sign shall be placed on any property unless
said property fronts on more than one street, in which case one such
sign may be erected on each street frontage.
(2)
Golf courses. One freestanding sign not exceeding
12 square feet in area and 10 feet in height and set back at least
25 feet from all street rights-of-way and lot lines. Not more than
one such sign shall be placed on any property unless said property
fronts on more than one street, in which case one such sign may be
erected on each street frontage.
(3)
Multifamily dwelling and townhouse developments. Each
development having in excess of four dwelling units may have one sign
along each arterial or collector road which the tract involved abuts,
provided that there exists at least 200 feet of frontage. Such sign(s)
shall not exceed 10 feet in height, shall be set back from all street
rights-of-way and driveways at least 30 feet, shall be set back from
the property lines a minimum of 50 feet, shall not exceed an area
of 40 square feet, and shall be used only to display the development
name.
(4)
Mobile home park. Each park may have one illuminated
or unilluminated freestanding sign identifying the name of the park
not exceeding 40 square feet in area. One additional identification
sign may be permitted for each main entrance on other park property
frontages on roads classified as a arterial or collector roadway.
(5)
Individual business or professional office. Each such
use may have one sign not to exceed two square feet in a residential,
conservation or public district or four square feet in an other nonresidential
district.
(6)
Retail and service uses, restaurants not located on
arterial roads, banks and similar uses.
(a)
Each such use may have one illuminated or unilluminated
sign displaying the name of the use attached flat against the front
of the building in which it is located, not exceeding an area equivalent
to 5% of the front of the building or 40 square feet, whichever is
smaller. Where the building(s) is designed for rear or side entrances,
one unlighted sign may be attached flat against the building at the
rear or side entrances, each sign not to exceed an area equivalent
to half that of the sign on the front of the building.
(b)
In the case of restaurants located along arterial
roads, said establishment may have one freestanding sign not exceeding
20 square feet in area and 30 feet in height. Said sign shall be set
back from all street rights-of-way at least 10 feet. In addition,
each such establishment may have one attached sign on the front, rear
and side entrances to the building in which it is located as provided
hereinabove.
(7)
Theaters and indoor commercial recreation.
(a)
Each use may have one illuminated or nonilluminated
sign displaying the name of the use attached flat against the front
of the building in which it is located, not exceeding an area equivalent
to 5% of the front facade of the building or 100 square feet, whichever
is smaller. Where the building(s) is designed for rear or side entrances,
one unlighted sign may be attached flat against the building at the
rear or side entrances, each sign not to exceed an area equivalent
to half that of the sign on the front of the building.
(b)
Additionally, the Land Use Board may permit
one freestanding sign not to exceed 30 square feet in area and 30
feet height. Said sign shall be set back from all street rights-of-way
or property lines at least 15 feet, may be illuminated or not and
shall be used to display the name of the use and the current program
of events or entertainment. Such uses may also at the discretion of
the Land Use Board, have one additional attached sign on the front
of the building for display of the program or event offered, provided
said sign does not exceed 60 square feet in area.
(8)
Multioffice building or complex, hotel, motel, or
professional office center. Any such use may have one sign, either
freestanding or attached, not exceeding an area equivalent to 5% of
the first floor portion of the front facade of the main structure
or 150 square feet, whichever is smaller. Where an individual office
unit within such a structure or complex has direct access from the
outside, a sign not exceeding four square feet, identifying the name
of the office or occupant thereof, may also be attached to the building
at the office entrance. Not more than one such sign shall be placed
on any property unless said property fronts on more than one street,
in which case one such sign may be erected on each street frontage.
(9)
Planned commercial developments. Each development,
i.e., shopping center, may have one sign which shall not exceed 5%
of the first floor portion of the front facade of the building or
100 square feet, whichever is smaller. Such sign shall be attached
flat against the front facade of the building except if the building
is set back more than 150 feet, in which case it may be a freestanding
sign. Not more than one such freestanding sign shall be placed on
any property unless said property fronts on more than one street,
in which case one such sign may be erected on each street frontage,
provided all such streets are either arterial or collector roads which
the tract involved abuts and provided that there exists at least 250
feet of unbroken frontage. Such freestanding signs shall not exceed
35 feet in height and shall be set back at least 50 feet from all
property lines.
(a)
Where uses share a common walkway, each use
served by the walkway may have one sign which shall be attached flat
against the building either above or below the common walkway canopy
and/or one sign suspended perpendicular fashion from the roof or canopy
over the common walkway. Suspended signs shall be no closer than eight
feet at their lowest point to the finished grade level below them.
No such sign shall exceed 10 square feet in area.
(b)
All signs in a planned commercial development
shall conform in character to all other signs in the center or complex
and shall blend with the overall architectural scheme of the center
or complex and its surroundings.
(10)
Service station or repair garage. Each use may have
one freestanding sign, one sign attached flat against its primary
structure, and one sign identifying the name of the company in the
case of a canopy over a fueling area. If the canopy fronts on more
than one roadway, one additional canopy sign shall be permitted per
road frontage. The freestanding sign shall not exceed an area of 20
square feet, shall be set back at least 10 feet from all street rights-of-way
and lot lines, and shall not exceed a height of 35 feet. Any attached
sign shall not exceed 30 square feet in area.
(11)
Industrial and manufacturing use, whole distribution
center or warehouse, construction company, body shop, or similar uses.
Each use shall be permitted one sign not larger than the equivalent
of 5% of the area of the front wall of the principal building facing
the street or 100 square feet, whichever is smaller. If attached to
the building, the sign shall not be higher than the roofline. If freestanding,
the sign shall be set back from all street rights-of-way and driveways
and lot lines at least 40 feet. The maximum height of freestanding
sign shall not exceed 35 feet.
(12)
Industrial park. Each park may have one freestanding
sign along each arterial or collector road which the tract involved
abuts, provided that there exists at least 250 feet of unbroken frontage.
Such sign shall not exceed a height of 35 feet, shall be set back
from street rights-of-way and driveways at least 50 feet, shall be
set back from all property lines a minimum of 100 feet and shall not
exceed an area of 150 square feet.
(13)
Construction site. Such use may have one sign dealing
with construction on site, not larger than the equivalent of 5% of
the area of the front wall of the building involved or 100 square
feet, whichever is smaller. The sign shall not exceed 10 feet in height
and shall be set back from all street rights-of-way and lot lines
at least 40 feet. Said sign shall be removed prior to the issuance
of a certificate of occupancy for the building or use under construction
once it is established or completed.
(14)
Retail use for new and used automobiles, farm equipment,
recreational vehicles or boats, trucking terminals or similar uses.
Each such use may have one freestanding sign for each 200 feet of
unbroken frontage with a maximum of three signs per site. Such sign
shall not exceed 80 feet in height, shall be set back from the street
rights-of-way at least 30 feet, and from driveways at least 20 feet,
shall be set back from any property line a minimum of 50 feet and
shall not exceed an area of 200 square feet. In addition to said freestanding
sign(s), the following attached signs are permitted:
(a)
One sign displaying the name and insignia of
the business or use attached against the front of the building used
for sales office and/or showroom, not exceeding an area equivalent
to 5% of the front facade of said building or 100 square feet, whichever
is smaller.
(b)
One attached sign not exceeding 20 square feet
in area, which sign or signs identify specific areas or the structure(s)
utilized for accessory uses, such as a garage, office, or service
area. Said sign(s) shall be located directly above or in close proximity
to the entrance leading to said portion of the principal structure
or accessory structure used for the specific use advertised.
(15)
Home occupation and commercial home occupation.
(a)
A home or home professional occupation is permitted
one sign, illuminated or nonilluminated, with two square feet of display
area per side for advertising or a maximum of four square feet of
total advertising area. Said sign may be freestanding on a post or
pole outside the street rights-of-way and the side yard setbacks for
the zoning district within which it is located, or it may be attached
to the front of the home or accessory structure wherein the home occupation
is located. If illuminated, said illumination shall be designed to
prevent a nuisance to adjoining properties or traffic along adjoining
street rights-of-way.
(b)
A commercial home occupation is permitted one
sign, illuminated or nonilluminated, with a total display area of
12 square feet, including both sides if doubled-faced. Said sign may
be freestanding on a post or pole outside the street rights-of-way
and the side yard setbacks for the zoning district within which it
is located, or it may be attached to the front of the home or accessory
structure wherein the home occupation is located. Said sign shall
be located, constructed and placed so as to blend with its location
and character of the village within which it is located. If illuminated,
said illumination shall be designed to prevent a nuisance to adjoining
properties or traffic along adjoining street rights-of-way.
(16)
Hospital, nursing home, assisted-living facility or
other health-care facility. Each use shall be permitted to have one
illuminated or unilluminated sign displaying the name of the facility
flat against the front of the front of the main building [in the case
of said facility facing more than one roadway, then one sign per frontage
shall be permitted, provided that said sign(s) not exceed an area
equivalent to 5% of the front of the building or 40 square feet, whichever
is smaller] or such a facility may have a one freestanding illuminated
sign along each roadway frontage adjoining any side of the facility
having a major entrance; or combination of each not to exceed one
such sign per frontage. In addition, one illuminated sign may be located
over the entrances to separate departments of said facility to identify
said area of the building such as a sign identifying the entrance
to the emergency room. Said sign shall be sized to be easily read
and to identify the department or area from the adjoining roadway
or driveway. In the case of hospitals, commonly used illuminated,
identifications generally affixed to the upper corners of the main
hospital structure shall be permitted.
(17)
Sexually oriented business. The sign identifying the
subject property shall be limited to 10 square feet and shall be wall-mounted
upon the principal building. The sign shall be limited to lettering
indicating the name and address of the facility only. The sign shall
be applied flat against the wall and shall not project beyond the
side or top of the wall to which it is affixed, nor shall such signs
project more than 14 inches from the front wall. All flashing, moving,
intermittently moving and illuminated signs, reflecting signs or luminous
signs and/or advertising devices shall be prohibited. However, backlighting
of the principal sign may be permitted. In addition, no temporary
signs made of paper, cardboard, canvas or other similar material,
banners, etc., are permitted and no signs or billboards shall be placed
on the roof of any buildings.
(18)
Other use. Whenever it is proposed to erect, construct
or install a sign for a use or structure, as permitted under the provisions
of this chapter, which said use does not generally approximate a use
set forth in this section as to sign details or numbers permitted,
the Zoning Officer may issue a sign or zoning permit for one sign
not to exceed 50 square feet in area which meets the maximum setback
requirements for an accessory use in the zoning district in which
the sign is to be located. All other cases shall require review and
approval by the Land Use Board.
(19)
Temporary nonilluminated real estate signs advertising
the sale, lease or rental of the property on which such signs are
located, provided that:
(a)
The size of such sign shall not exceed six square
feet in a residential or conservation district and eight square feet
in a commercial, industrial or agricultural district.
(b)
The sign shall be in compliance with side yard
requirements, shall not exceed six feet in height and shall be set
back 10 feet from the right-of-way.
(c)
No more than one sign shall be erected for any
one property.
(d)
Such sign shall be removed within 10 days of
settlement of the sale or consummation of the lease.
(20)
Temporary signs of architects, engineers, contractors,
mechanics, tradesmen and other firms or businesses engaged in construction
work, provided that:
(a)
The size of such sign(s) shall not exceed six
square feet. One sign is permitted for each trade or profession, and
allowable areas may be combined, except that no sign shall exceed
20 square feet in area.
(b)
The sign shall be in compliance with side yard
requirements, shall not exceed 10 feet in height and shall be set
back 10 feet from the right-of-way.
(c)
Such signs shall be located only on the property
where such work is being performed.
(d)
Such signs shall be removed within seven days
of the completion of work.
(21)
Yard sales.
(a)
For a yard sale, a maximum of four temporary, off-site directional signs measuring not over two square feet in area shall be permitted for each yard sale as permitted by § 60-106. All such signs shall be placed and removed in accordance with the provisions of this section, except that no sign permit shall be required for such signs. All signs shall be posted not more than seven days prior to such yard sale and removed within three days after the event.
(b)
No off-site signs shall be attached to utility
poles, street or highway signs, or located in such a way as to cause
impairment of driver vision or traffic safety, or on private property
without the consent of the owner of said property.
(22)
Temporary nonilluminated political campaign signs,
provided that:
[Added 8-23-2005 by Ord. No. 7-2005]
(a)
The size of each sign shall not exceed 16 square
feet;
(b)
Each such sign must be located no less than
five feet from the edge of paving of any public street or sidewalk
(measured, in the case of a sidewalk, from the edge of the sidewalk
that is farthest from the street), and must also comply with applicable
sight triangle requirements at street and driveway intersections;
(c)
Such signs shall only be permitted within 30
days prior to any school, municipal, county, state or national election
and shall be removed within two weeks after the election.
E.
Sign interpretation and measurement. For the purposes
of determining the number of signs, a sign shall be considered to
be a single surface or display device, containing elements organized,
related and composed to form a unit. Where matter is displayed in
a random manner without organized relationship of elements, or where
there is a reasonable doubt about the relationship of elements, each
element shall be considered to be a single sign. The surface area
of the sign shall be computed to include the entire area within a
parallelogram, triangle, circle, semicircle or other geometric design
comprising all of the display area of the sign and including all of
the elements of the matter displayed. Frames and structural members
of freestanding signs shall not be included in computation of the
sign surface area.
F.
Sign maintenance.
(1)
Signs must be maintained in good condition and must
also not be allowed to deteriorate or become dilapidated. The Construction
Official shall require proper maintenance of all signs and shall inspect
every sign which requires issuance of a permit within 30 days after
it is erected. All signs, together with all of their supports, braces,
guys and anchors, shall be kept in repair and in proper state of preservation.
The display surface of all signs shall be kept neatly painted and
posted at all times.
(2)
The Construction Official or Zoning Officer shall
notify, in writing, the owner of any sign which is in disrepair, of
such state. The owner of such sign shall correct such deficiency within
a reasonable period of time from the date of said notice. In the event
that the owner fails to correct said deficiency or make required repairs,
the Construction Official or Zoning Officer shall institute proceedings
for compliance with said notice or the removal of the sign found in
disrepair if so warranted.
G.
Off-site signs. As of the effective date of this chapter,
off-site commercial or private signs are prohibited except as expressly
permitted within this subsection:
(1)
Off-site signs, public information signs and control signals as specified in § 60-82A are permitted in all zoning districts.
(2)
Off-site signs for direction to places of worship
are permitted in all zoning districts as a conditional use.
(3)
Temporary off-site signs for real estate sale, yard
or garage sales, charitable organization/nonprofit activities, and
seasonal agricultural stands are permitted in all zoning districts.
These signs must be removed upon termination of the activity which
they advertise.
(4)
Off-site signs for commercial advertising, subject
to all other conditions of this subsection are permitted in the following
zoning districts: HB-40 and HB-56 Highway Business and the PHB Planned
Highway Business Zoning Districts.
[Amended 6-24-2008 by Ord. No. 6-2008]
The following standards and regulations shall
apply to private swimming pools:
A.
No private swimming pool having the capacity to impound
water at a depth in excess of 24 inches may be constructed, installed
or placed upon any lot in Pittsgrove Township unless the lot owner
or occupant first obtains a zoning permit and all applicable construction
permits. No swimming pool for which zoning and construction permits
have been issued may be used or maintained until its proper construction,
installation and/or placement have been confirmed by issuance of a
certificate of approval by the Pittsgrove Township Construction Official.
B.
All private swimming pools having the capacity to
impound water at a depth in excess of 24 inches must be constructed,
installed and/or placed in full conformance with the Uniform Construction
Code[2] (N.J.A.C. 5:23-1.1, et seq.), including but not limited
to all barrier and other safety requirements adopted in connection
therewith to provide protection against potential drownings and near-drownings
by restricting access to swimming pools, spas and hot tubs.
C.
The area of a private swimming pool that has the capacity
to impound water shall not be counted as impervious area in calculating
lot coverage. All other areas, structures and improvements relating
to a private swimming pool, including but not limited to all aprons,
decks and patios, shall be counted as impervious area in calculating
lot coverage.
D.
All portions of a private swimming pool and its related
structures and improvements, including but not limited to the water
impoundment area and all aprons, decks and patios, must conform to
all applicable minimum yard setback, maximum lot coverage and maximum
height requirements for accessory uses and structures as set forth
in the Pittsgrove Township Schedules of District Regulations.[3]
[3]
Editor's Note: Said schedules are located
at the end of this chapter.
E.
All swimming pools shall drain in conformance to a
system approved by the Health Code Official and/or the Construction
Code Official.
[1]
Editor’s Note: Former § 60-83.1, Uniform affordable
housing production based upon "growth share," added 12-27-2006 by
Ord. No. 12-2006, was repealed 9-9-2015 by Ord. No. 7-2015.
