[Amended 2-9-2000 by Ord. No. 2-2000]
The use of land within the Township of Wall
shall be subject to the following standards and limitations. Permitted
and conditional uses are specifically designated on the Schedule of
Permitted and Conditional Uses[1] and identified, where appropriate, by the USOMB's North
American Industry Classification System (NAICS I997). All land uses
shall conform with the performance standards set forth herein.
[1]
Editor's Note: The Schedule of Permitted and Conditional Uses is included at the end of this chapter.
A.
The uses listed on the Schedule of Permitted and Conditional
Uses shall be permitted in the zones designated. Said schedule is
annexed hereto and made a part hereof.[1]
(1)
Expedited review of NAICS code revisions. The Township
recognizes that there may be additional uses identified by NAICS codes
not contained in the Schedule of Permitted and Conditional Uses, Nonresidential
Zone Districts, the inclusion of which in certain zones would be consistent
with the intent and provisions of the Master Plan and this chapter.
(2)
An applicant may request the inclusion of an additional
NAICS code as a permitted or conditional use in any nonresidential
zone district and shall receive an expedited review and decision on
such request.
(3)
The Land Use Officer shall prepare a one-page application
form for consideration of the addition of an NAICS code to the Schedule
of Permitted and Conditional Uses. An applicant may also submit such
additional information concerning the nature of the applicant's use
as the applicant may wish the Township to consider. There shall be
no fee for the making of such an application.
(4)
The Land Use Officer, within seven days of receipt
of such an application, shall forward the application to the Township
Committee, together with a report and recommendation concerning the
application.
(5)
The Township Committee shall review and act upon the
application at its first regular executive meeting alter receipt of
the report and recommendation from the Land Use Officer.
[1]
Editor's Note: The Schedule of Permitted and Conditional Uses is included at the end of this chapter.
B.
Municipal buildings, facilities and services essential
to the operation of the Township, subject to general review and recommendation
by the Planning Board, are permitted in all zones.
[Added 8-8-2012 by Ord. No. 11-2012]
A.
COLLECTOR SURFACE
PRESERVED OPEN SPACE and PRESERVED FARMLAND
RENEWABLE ENERGY FACILITY
SOLAR COLLECTOR
SOLAR ENERGY
SOLAR ENERGY SYSTEM
SOLAR PANEL
Definitions:
Any part of a solar collector that absorbs solar energy for
use in the collector's energy transformation process. Collector surface
does not include frames, support and mounting hardware.
Land on which a development easement was conveyed to, or
retained by, the State Agricultural Development Committee, a board,
or a qualifying tax-exempt nonprofit organization pursuant to the
provisions of § 24 of N.J.S.A. 4:1C-31, § 5 of
N.J.S.A. 4:1C-31.1, § 1 of N.J.S.A. 4:1C-38, § 1
of N.J.S.A. 4:1C-43.1, §§ 37 through 40 of N.J.S.A.
13.8C-37 through 13:8C-40, or any other state law enacted for farmland
preservation purposes.
A facility that engages in the production of electric energy
from solar technologies, photovoltaic technologies, or other solar-based
technology.
A device, structure or part of a device or structure in which
a substantial purpose is used to transform solar energy into thermal,
mechanical, chemical or electrical energy.
Direct radiant energy received from the sun.
One or more solar panels and all associated equipment involved
in the conversion of solar radiation to electrical energy which functions
as the only principal use on the land on which such system is situated,
said land constituting 10 or more acres in size.
A structure containing one or more receptive cells or collector
devices, the purpose of which is to use solar radiation to create
usable electrical energy.
B.
Solar energy systems.
(1)
Solar energy systems shall be a permitted use in the AI, GI-10,
GI-5, OP-10, OR-10 and OR-5 zones of the Township, and shall constitute
the principal use of the lot on which it is located. For all such
systems site plan approval is required. Any proposed installation
which is not in one of the zones listed herein shall be considered
a prohibited use.
(2)
A person who owns a preserved farmland may construct, install
and operate solar energy systems on an area less than the ten-acre
minimum for such a use on the preserved portions of the farm or on
any portion excluded from preservation.
(3)
A site plan application for a solar energy system shall address,
and not be limited to, buffering, care and maintenance of all property
associated with the installation, security, visual impacts, drainage,
traffic to and from the site. Installations shall be subject to the
following requirements:
(a)
The location of ground-mounted arrays and freestanding collectors
shall be set back a distance of 50 feet from all property lines.
(b)
Ground-mounted arrays shall not exceed 20 feet in height when
oriented at maximum tilt.
(c)
A twenty-five-foot-wide, densely planted perimeter landscaped
buffer that includes a combination of evergreen trees and shrubs with
a six-foot-tall black vinyl-coated chain link fence located inside
the landscape permineter. Plantings shall not be a lesser height than
that of the solar array at time of plantings.
(d)
No more than 80% of the total lot area shall be utilized for
a solar energy system installation.
(4)
To the extent reasonably possible, solar energy panels, regardless
of how they are mounted, shall be oriented and/or screened year round
so that glare is directed away from adjoining properties and streets.
(5)
To the extent reasonably possible, solar energy systems shall
be designed using such features as colors, materials, textures, screening
and landscaping so as to blend into their settings and avoid visual
blight. The solar energy systems shall remain painted or finished
in the color or finish that was originally applied by the manufacturer.
The exterior surface of any visible components shall be a nonreflective,
neutral color like white, grey or another nonobtrusive color. Finishes
shall be matter or nonreflective.
(6)
Solar energy systems shall not be used for the display of advertising.
(7)
All solar energy system collector installations must be performed
by a qualified solar installer, and prior to operation the electrical
connections must be inspected by the Construction Office or other
appropriate electrical inspection agency as determined by the Township.
In addition, any interconnection to the public utility grid must be
inspected by the appropriate public utility.
(8)
When solar storage batteries are included as part of the solar
energy collector system, they must be placed in a secure container
or enclosure meeting the requirements of the New Jersey State Building
Code when in use and when no longer used shall be disposed of in accordance
with the laws and regulations of the State of New Jersey and other
applicable laws and regulations.
(9)
Clearing of natural vegetation for the installation of a solar
energy system shall be limited to that which is necessary for the
construction, operation and maintenance of the system and as otherwise
prescribed by applicable laws, regulations and ordinances.
(10)
Any trees to be removed to accommodate the installation of a
solar energy system shall be accompanied by a plan demonstrating the
need to remove the trees. Any applicant shall locate a solar energy
system so that tree removal is not required, to the extent practical.
(11)
Any ancillary buildings and any outside storage associated with
a solar energy system must, to the extent reasonably possible, use
materials, colors, textures, screening and landscaping that will blend
the facility into the natural setting and existing environment (i.e.,
in an agricultural setting accessory buildings could be designed to
look like barns). Appropriate landscaping and architecture shall be
provided to screen accessory structures from roads and adjacent residences.
(12)
Decommissioning of system.
(a)
Any solar energy system that has generated no electricity for
a period of 12 months shall be deemed to be abandoned and shall be
decommissioned within six months. A decommissioning plan shall be
submitted to the approving authority as part of the site plan application
process. The decommissioning plan shall include, but not be limited
to the following:
[1]
A time schedule and methods for the removal of
the entire solar panel array and all associated facilities and equipment
connected thereto from the premises;
[2]
Cleaning and restoration of the property to its
preinstalled condition, including grading and vegetative restabilization
to eliminate any negative impacts to surrounding properties; and
[3]
Posting of a performance bond prior to the start
of the decommissioning work, in an amount to be determined by the
Township Engineer, to insure the completion of this work in accordance
with this and other relevant ordinances and codes.
(b)
If said decommissioning has not been completed within the requisite
six-month period, then the Township's Zoning Officer shall provide
written notice by certified mail to the landowner requiring that decommissioning
be completed within 30 calendar days of the receipt of said notice.
(c)
If the decommissioning has not been completed within 30 calendar
days of the receipt of said notice, the Township may either undertake
the decommissioning and charge the landowner and/or facility owner
and operator for all of the costs and expenses thereof, including
reasonable attorney's fees, or take appropriate legal action to compel
the decommissioning. All costs incurred by the Township shall be billed
to the landowner and if not paid within 60 calendar days of billing,
shall become a lien against the property.
A.
Any use not specifically permitted in § 140-139 is prohibited except as noted in § 140-141. The following uses or activities are hereby prohibited anywhere within the Township:
(1)
Manufacture of acetylene or ammonia.
(2)
Manufacture or bulk storage of pyroxylin, plastics,
explosives, fireworks or matches.
(3)
Manufacture of acids.
(4)
Manufacture of heavy chemicals.
(5)
Refining of petroleum or the storage of petroleum
products having a flash point of under 150º F., in excess of
200,000 gallons.
(6)
The manufacture, batching or mixing of asphalt, asphalt
products or bituminous concrete.
(7)
Refining or manufacture of animal black, bone black,
or lamp black.
(8)
Refining, manufacture or mixing of fertilizer or potash.
(9)
Incinerators, garbage or refuse disposal dumps or
landfill, except public sanitary landfills owned by the Township.
(10)
Manufacture of disinfectants, insecticides or
other poisons or toxic gases.
(11)
Manufacture of dye.
(12)
Rendering or refining of grease, fat or tallow.
(13)
Manufacture of glue, size or gelatins, where
the process includes the refining and recovery of products from fish,
animal refuse or offal.
(14)
Stockyards or the slaughtering or processing
of animals, fish or poultry or parts thereof.
(15)
Storage, cleaning, curing or tanning of rawhides
or skins or the pulling of wool.
(16)
Coke ovens or manufacture of derivatives of
coke.
(17)
Manufacture or production of metals or alloys
in ingot form.
(18)
Crematoriums.
(19)
Manufacture of rubber or rubber products.
(20)
Manufacture of plastic or cork or their constituents.
(21)
Manufacture of paints, oils and varnishes.
(22)
Manufacture of soaps or detergents.
(23)
Manufacture or repair of boilers, tank or pipe.
(24)
Firearm target ranges, skeet or trap ranges
or any place where firearms, bow and arrow, cross bow, air driven
weapon, sling shot or similar weapon is discharged for practice or
competitive purposes.
(25)
Discharge of firearms, bow and arrow, cross
bow, air driven weapon, sling shot or similar weapon in all of that
area of the Township lying to the east and south of the center lines
of the roads set forth in the following description: Beginning at
a point the intersection of the center line of School House Road and
the boundary line between the Township of Wall and the Township of
Neptune, thence southwesterly along School House Road to the easterly
right-of-way line of the Garden State Parkway, thence southeasterly
along the easterly right-of-way tine of the Garden State Parkway to
Belmar Boulevard; thence southeasterly along Belmar Boulevard to Woodfield
Avenue; thence, along Woodfield Avenue to Allenwood Road; thence in
a northeasterly direction along Allenwood Road to Belmar Boulevard;
thence southeasterly along Glendola Road to Hurley Pond Road; thence
southeasterly along Hurley Pond Road to New Bedford Road; thence southeasterly
along New Bedford Road to Route No. 35; thence southerly along Route
No. 35 to Route No. 34; thence northwesterly along Route No. 34 to
Panther Trail; thence southwesterly along Panther Trail to Ramshorne
Drive; thence northerly along Ramshorne Drive to River Bluffs Lane;
thence southwesterly along River Bluffs Lane to Birch Place; thence
northwesterly along Birch Place to Lorraine Court; thence southwesterly
along the center line of Lorraine Court and the extension thereof
to the Wall Township boundary in the Manasquan River.
(26)
Rooming or boarding houses.
(27)
Keeping or raising of horses or other similar
animals or farming as defined in this chapter on lots comprised of
less than five acres.
(28)
Trailer courts, camps or parks.
(29)
Any use of land or building or any activity
which will adversely affect or impair the lawful use or peaceful enjoyment
of any other land or buildings.
(30)
Raising of swine or fowl.
(31)
Dog kennels.
(32)
Landing of aircraft or landing areas for aircraft,
in any zone except in the AI Airport Industrial zone.
(33)
Junkyards.
(34)
All classes (1 through 6) of cannabis establishment or cannabis
distributors or cannabis delivery services, including cannabis cultivators,
manufacturers, wholesalers, retailers, cannabis testing facilities,
medical cannabis dispensaries, clinical registrant or cannabis retailer,
including any alternative treatment centers deemed to hold a medical
cannabis dispensary permit pursuant to Section 7 of P.L. 2009, c.
307 (N.J.S.A. 24:6I-7) are expressly prohibited within the Township
of Wall.
[Added 2-28-2018 by Ord.
No. 2-2018; amended 5-26-2021 by Ord. No. 11-2021]
