Alloway Township City Zoning Code
ARTICLE X
General Standards and Requirements
§ 75-37 Driveways.
Any driveway providing access from a public street or way to any permitted use or structure shall comply with the following regulations:
A.
Driveways shall enter the street or road right-of-way at an angle between 75° and 105°.
B.
The portion of the roadway lying between the right-of-way line of the street and the cartway shall be suitably surfaced as a driveway extension.
C.
Any curb opening shall be properly reconstructed to the satisfaction of the Municipal Engineer. Where curbing does not exist and conditions warrant, an adequate drain pipe shall be installed by the owner at the owner's expense, as determined by the Municipal Engineer.
D.
Driveway grades shall not exceed 10%.
E.
Driveway widths at the street right-of-way line shall, in connection with commercial and industrial uses, be a minimum of 20 feet and a maximum of 40 feet for two-way operation and a minimum of 12 feet and a maximum of 20 feet for one-way operation and shall, in connection with residential uses, be a minimum of 10 feet and a maximum of 20 feet.
§ 75-38 Fences, walls and hedges.
In any zoning district, fences, walls and hedges may be located within required yard areas so long as they do not encroach on public rights-of-way or neighboring properties or conflict with the provisions of § 75-41.
§ 75-39 Flood hazard requirements.
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, recharge areas and natural drainage systems; and to promote the health, safety and welfare of Alloway Township residents and property owners in and near streams and areas subject to flooding.
A.
Floodplains. There are hereby designated within the Township of Alloway floodplain areas comprised of those sections of the Township which are defined as floodplains in this chapter.
(1)
Map filing and amendment. For purposes of defining the application of this section to any specific area, the maps, data and other source material utilized to establish, define and designate floodplain areas shall be kept on file in the Municipal Engineer's office and shall be proof of the intended limits of the floodplain areas. Any general changes in the floodplain areas as may, from time to time, be determined to be proper by a survey of the Municipal Engineer or as a result of acceptable engineering delineation accomplished by an outside agency, may be recommended by the Municipal Engineer as an amendment to this chapter.
(2)
Interpretation.
(a)
In case of any dispute concerning the boundaries of floodplain areas, an initial determination shall be made by the Municipal Engineer. Any party aggrieved by a decision of the Municipal Engineer as to the proper location of said boundaries may appeal to the Alloway Township Zoning Board of Adjustment as provided in § 75-74 of this chapter.[1] For the purpose of this section, if the Municipal Engineer has determined the map boundary lines to be correct, any change in said boundaries applied for shall be considered by the Board of Adjustment as an application for a use variance. The burden of proof in any such appeal shall be on the appellant.
[1]
Editor’s Note: Former Article XIII, Zoning Board of Adjustment, consisting of §§ 75-71 through 75-78, as amended, was repealed 5-20-2010 by Ord. No. 443 (Rev.), which ordinance also provided for the abolishment of the Zoning Board of Adjustment, the combining of the functions of the Planning and Zoning Boards and the deletion of any other reference to the “Zoning Board of Adjustment” in the Township Code inconsistent with said ordinance. See also § 75-6J.
(b)
Any appeal to utilize land located within the floodplains for a purpose not permitted by this section shall be considered by the Board of Adjustment as an application for a use variance as provided in Articles XII and XIII of this chapter.[2]
[2]
Editor’s Note: Former Article XIII, Zoning Board of Adjustment, consisting of §§ 75-71 through 75-78, as amended, was repealed 5-20-2010 by Ord. No. 443 (Rev.), which ordinance also provided for the abolishment of the Zoning Board of Adjustment, the combining of the functions of the Planning and Zoning Boards and the deletion of any other reference to the “Zoning Board of Adjustment” in the Township Code inconsistent with said ordinance. See also § 75-6J.
B.
Permitted uses.
(1)
Within the floodway of any floodplain areas, the following uses, excluding structures, and no others shall be permitted:
(a)
Pasture, grazing land.
(b)
Recreational uses not requiring regrading or removal of trees, shrubs or vines such as parks, picnic groves or boating clubs, but excluding closed structures or storage areas.
(c)
Game farm, fish hatchery.
(d)
Hunting and fishing reserve.
(e)
Wildlife sanctuary, woodland preserve or arboretum.
(f)
Open areas needed to meet yard and area requirements for any permitted use in this and other zoning districts as specified in this chapter.
(2)
Within the remaining portions of floodplain areas, all uses listed in Subsection B(1) above, together with those uses permitted and regulated by this chapter for the zone district in which the area is located, as said zoning districts are set forth and delineated on the Zoning Map of Alloway Township, shall be permitted, provided that:
(a)
The minimum lot area shall be two acres.
(b)
The maximum lot coverage shall be 5%.
(c)
Any structure proposed to be erected, constructed or located shall not have a basement.
(d)
First-floor elevations of any structure or structures shall be 10 feet above the elevation of the nearest stream or watercourse within 500 feet of the building location involved and above the potential flood level whenever located within 1/2 mile downstream of a dam, as determined by the Municipal Engineer.
(e)
No vegetation removal or regrading of the site shall be carried out unless expressly permitted by the Alloway Township Planning Board after site plan review and a determination by that Board that any land disturbance activity is the minimum required to accomplish the use to be permitted.
(3)
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. 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.
(4)
All nonconforming uses created as a result of the enactment of these regulations shall not be expanded or be rebuilt or reestablished in the event of their destruction or abandonment, except as provided by this subsection.
C.
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 Alloway, or by any official or employee thereof, of the practicability and safety of floodproof status of the proposed use, nor shall the granting of such a permit create any liability upon the Township of Alloway, its officials or employees.
§ 75-40 Drainage requirements.
[Added 11-8-1979 by Ord. No. 186]
A.
All structures must be so located, and the site must be graded, and adequate drainage facilities must be installed, where necessary, to prevent the pooling of the surface drainage water within 20 feet of any part of the structure for any amount of time and to provide proper drainage for the lot.
B.
In the event that the elevation of an immediate site of a residential structure is lower than the center line elevation of a public road located within 150 feet of any point of that structure, then the owner must submit plans showing contours and elevations at one-foot intervals prepared by a New Jersey licensed engineer demonstrating to the Zoning Office in consultation with the Township Engineer that the structures and site will be properly drained and that water cannot reasonably be expected to collect in the manner prohibited above, before a zoning or construction permit shall be issued for such structure and use.
C.
If grading or drainage facilities are necessary, such plan shall specify the grading and drainage facilities to be installed, and the plan must be carried out before a certificate of occupancy for the structure may be issued and before it may be used as a residence, unless a performance guaranty, consisting of cash or a performance bond having as surety a corporation authorized to transact surety business in New Jersey, approved as to form by the Township Solicitor, in the amount equaling 120% of the Township Engineer's estimate of the cost of the incompleted grading and drainage facilities, in favor of the Township, guaranteeing the completion within six months of occupancy, is posted with the Township. Such performance guaranty shall be governed by the provisions of N.J.S.A. 40:55D-53.
§ 75-41 Visibility at intersections.
In any district, nothing shall be erected, placed or allowed to grow in such a manner as to materially impede vision between a height of 2 1/2 feet and 10 feet above the center-line grade of the abutting street or streets within the triangular area formed by the intersecting street lines or, where a driveway is involved, the intersecting of the pavement edge and the street line, and a straight line joining points located on said lines 30 feet from an intersection of street lines involving a state or county road, within 20 feet of an intersection of street lines involving two municipal streets or within 10 feet of an intersection involving boundary lines of a driveway and a street. Where a front yard requirement is modified under § 75-19, the measurement line from that section shall be used in defining the triangular area rather than the street line.
§ 75-42 Off-street loading.
Off-street loading space shall be provided with all new construction or the creation of new uses in accordance with the standards and requirements below. Existing required loading areas together with the standards and requirements below. Existing required loading areas together with their accessways shall not be encroached upon or reduced in any manner or devoted to any other use, and certificates of occupancy shall be invalid in event of such an occurrence.
A.
An off-street loading space, as defined in this chapter, shall be required:
(1)
For each 10,000 square feet of gross floor area in a hospital.
(2)
For each 2,500 square feet of gross floor area in a funeral home [dimensions of loading space may be reduced to 33 feet by 12 feet].
(3)
For each 12,000 square feet of gross floor area in a commercial use or manufacturing establishment.
B.
All off-street loading spaces shall be surfaced with asphaltic or portland cement concrete, and the arrangement of off-street loading space shall be such that no vehicle shall have occasion to back into any street or road.
C.
Off-street loading areas shall be so located or screened in such a manner that they cannot be seen from other properties in any residential or historic district.
D.
When the computation to determine the number of required loading spaces results in a requirement of a fractional space, any fraction to and including 1/2 shall be disregarded, and fractions exceeding 1/2 shall require one space.
§ 75-43 Off-street parking.
Adequate off-street parking space, open-air or indoor, shall be provided with all new construction, the creation of new uses or the extension of existing uses, on the same lot with the use they are intended to serve, except as provided under Subsections B and C below, and shall be furnished with necessary passageways and driveways providing efficient access to the nearest public street. Existing required off-street parking areas shall not be reduced nor encroached upon and certificates of occupancy shall be invalid in event of such an occurrence.
A.
Access aisles and driveways to parking areas shall be not less than 10 feet in width. Aisles and driveways within parking areas shall have a minimum width of:
B.
The collective provisions of required off-street parking areas by two or more buildings or uses located on adjacent lots is permitted, provided that the total of such facilities shall not be less than the sum required for involved buildings or uses computed separately, unless it can be demonstrated to the satisfaction of the Planning Board that all or part of the separate parking requirements are mutually exclusive as regards periods of need.
C.
For nonresidential uses in commercial districts, required parking areas may be located within 150 feet of such use, said distance to be measured from the nearest point of the parking facility to the nearest point of the building that such facility is designed to serve.
D.
All off-street parking areas shall be maintained with a graded, dust-free surface that is well drained, such as gravel or stone for light residential and agricultural uses and blacktop or better with spaces clearly marked for all other uses. Entrances and exits for all required parking facilities shall be located not less than 30 feet from the intersection of any two street lines, and the arrangement of off-street parking areas providing more than two required spaces shall be such that no vehicle would have occasion to back into a street.
E.
All off-street parking areas providing for more than 10 parking spaces shall be located or screened in such a manner that they cannot be seen from other properties in a MR or HR Residential District or Historic Preservation District.
F.
Adequate shielding shall be provided in connection with parking lots to protect adjacent properties in residential zones from the glare of both parking-lot illumination and automobile headlights.
G.
Off-street parking spaces, together with adequate access and maneuvering area, shall be required as specified in the schedule below. When the computation to determine the number of required spaces results in a requirement of a fractional space, any fraction to and including 1/2 shall be disregarded and fractions exceeding 1/2 shall require one space.
(1)
Two spaces for each dwelling unit.
(2)
One space for each 200 square feet of gross floor area in connection with any retail business, except that any business or part thereof serving patrons on the premises shall provide one space for each three seating spaces provided.
(3)
One space for each 1,000 square feet of gross floor area or for each three employees, whichever requires a greater number of spaces, in connection with any wholesale business or industrial use.
(4)
One space for each 1,000 square feet of lot area or outdoor commercial amusements.
(5)
One space for each room in any use providing transient guest accommodations.
(6)
One space for each five beds in a hospital or institution for children or the aged.
(7)
One space for each 300 square feet of gross floor area for office buildings.
(8)
One space for each five seats in a church or auditorium.
(9)
One space for each six persons of rated capacity for clubs, golf course clubhouses and noncommercial or commercial recreation uses.
(10)
One space for each 1,000 square feet of gross floor area of libraries and museums.
(11)
One space for each four beds of an educational institution dormitory.
(12)
One space for each 1,000 square feet of gross floor area for college classrooms, laboratories, student centers or offices.
(13)
One space for each four persons of rated capacity for theaters, gymnasiums or stadiums.
(14)
One space for each 1/2 classroom in elementary schools, 1/4 classroom for junior high schools and 1/6 classroom for senior high schools.
(15)
For any other building types which do not fit into one of the above categories, a determination of the required number of spaces shall be made by the Planning Board.
§ 75-44 Outdoor storage.
Outdoor storage of any type shall not be permitted unless such storage is normally incidental to the permitted use or building and a part of the normal operations conducted on the premises. All outdoor storage shall be subject to the requirements of the prevailing zoning district and shall be screened according to the provisions of § 75-45 from any property used or zoned for residential purposes.
§ 75-45 Screening.
Whenever screening is called for in this chapter, or as a condition imposed by the Planning Board or Board of Adjustment,[1] it shall be installed according to the following standards and requirements:
A.
Natural screening shall consist of a strip at least four feet wide, densely planted with shrubs or trees at least four feet high at the time of planting, of suitable type and species that may be expected to form a year-round, dense screen at least six feet high within a period of three years.
B.
Constructed screening shall consist of a masonry wall or barrier or a uniformly painted fence of higher resistant material at least six feet in height and no more than eight feet finished grade at the point of construction. Such wall, barrier or fence may be opaque or perforated, provided that not more than 50% of its area is open.
[1]
Editor’s Note: The Zoning Board of Adjustment was abolished and the functions of the Planning and Zoning Boards combined 5-20-2010 by Ord. No. 443 (Rev.), which ordinance also provided for the deletion of any other reference to the “Zoning Board of Adjustment” in the Township Code inconsistent with said ordinance. See also § 75-6J.
§ 75-46 Signs.
Signs shall be permitted in accordance with the standards and requirements below. No sign shall be located in the public right-of-way, but yard requirements apply only as indicated.
A.
In any district, in compliance with side yard requirements:
(1)
A nonilluminated real estate sign on an individual lot that is for sale or rent or which has been sold or rented, not exceeding six square feet in area. Such sign shall be removed within seven days after the date of sale or rental agreement.
(2)
On property involving more than two dwelling units or residential lots or involving nonresidential uses, not more than two nonilluminated signs advertising the sale or proposed development, each not exceeding 20 square feet area in total. Such signs shall be removed when all property has been transferred.
(3)
Nonilluminated signs identifying architects, engineers, contractors, tradesmen or others engaged in construction work on the premises where the work is proceeding. One sign not exceeding six square feet in area is permitted for each trade or profession or the allowable areas may be combined, except that no sign shall exceed 20 square feet in area.
(4)
Not more than two nonilluminated identification signs for public and semipublic facilities such as churches and schools, each not exceeding 20 square feet in area.
(5)
Historical markers or memorials, not exceeding 12 square feet in area.
B.
In any Commercial District, two on-site signs may be displayed in connection with each use, the total area of which shall not exceed 10 square feet of sign area for each five linear feet of principal building measured across its narrowest dimension. In the case of permitted open-land commercial uses, two freestanding on-site signs may be displayed, the total area of which shall not exceed 300 square feet or 30 square feet for each 100 linear feet of road frontage involved in the use, whichever is smaller, provided that said signs comply with all applicable yard and height requirements for the district in which located.
C.
One off-site sign per lot shall be permitted in A Agricultural, RR Rural Residential and C Commercial Districts, provided that it does not exceed 32 square feet in area, is located at least 10 feet from any street line and 500 feet from any other off-site sign, advertisers goods or services provided within a distance of three miles and complies with all other applicable yard and height requirements. Two such off-site signs shall be permitted for any single use.
E.
No signs shall be lighted with flashing lights or bare bulbs or tubing such as fluorescent or neon. Any light or reflecting device used in connection with a sign shall not be so located or directed that it may be mistaken for a traffic signal or warning device. No sign lighting may shine directly on residentially zoned or used properties. Moving signs are prohibited.
F.
No freestanding sign shall be erected to a height exceeding 25 feet.
G.
Portable billboards and other off-site devices shall be prohibited in all districts.
§ 75-46.1 Stream corridor protection.
[Added 3-13-2003 by Ord. No. 355]
The purposes of this section are to: maintain the quality streams and improve the currently impaired streams of the watershed; protect significant ecological components of stream corridors such as wetlands, floodplains, woodlands, steep slopes and wildlife and plant habitats within the stream corridors of the watershed; prevent flood-related damage to the communities of the watershed; complement the existing state, regional, county and municipal stream corridor protection and management regulations and initiatives.
A. ACTIVITY BOARD OF JURISDICTION ONE-HUNDRED-YEAR-FLOOD LINE STREAM STREAM CORRIDOR
Definitions. As used in this section, the following words and terms shall have the following meanings:
Any land disturbance, including any development for which an application for development is necessary.
Primarily refers to the Board of Adjustment[1] as it is vested with the power to decide the issue of permitting activities within the stream corridor pursuant to N.J.S.A. 40:55D-7(a) and (b). However, when an application for subdivision and/or a site plan approval (excluding relief requested pursuant to N.J.S.A. 40:55D-70D) is filed with the Planning Board, it shall have ancillary jurisdiction to decide such issues.
[Added 11-10-2005 by Ord. No. 385]
The line which is formed by following the outside boundaries of the area inundated by a one-hundred-year flood. A one-hundred-year flood is estimated to have one-percent chance or one chance in 100 of being equaled or exceeded in any one year. The one-hundred-year flood line shall be determined by reference to the FEMA FIRM Maps, delineations made by NJDEP or other state agency, as well as delineations made in accordance with flood hazard area control rules (N.J.A.C. 7:13).
A waterway depicted on the USGS Quad Maps or Hydrologic Survey.
The stream channel (the bed and banks of a stream which confine and conduct continuously or intermittently flowing water), the area within the one-hundred-year-flood line or 75 feet from the top of bank or mean high-water line if no bank is defined, whichever is greater. If the stream is designated a C1 waterbody, the default width is 150 feet from the top of bank/mean high-water line. If slopes greater than 15% abut the stream corridor, the area of such slopes shall be also included as the stream corridor.
B.
Stream corridor protection; applicability. All tracts falling in whole or in part within a stream corridor shall be subject to the standards set forth in Subsection C.
C.
Standards.
(1)
Activities permitted in stream corridors. Stream corridors shall remain in their natural state, with no clearing or cutting of trees and brush (except for removal of dead vegetation and pruning for reasons of public safety), altering of watercourses, regarding or construction except for the following activities:
(a)
Wildlife sanctuaries, woodland preserves and arboretums, but excluding enclosed structures;
(b)
Game farms, fish hatcheries and fishing reserves, operated for the protection and propagation of wildlife, but excluding enclosed structures;
(c)
Unpaved hiking, bicycle and bridle trails;
(d)
Fishing areas; and
(e)
Reconstruction of a structure which predates the adoption of this section in the event of damage or destruction by fire, storms, natural hazards, or other acts of God, provided that the reconstruction does not have a greater footprint or total area than that of the damaged structure and that no change of land use occurs.
(2)
Location of activities on tracts partially within stream corridors.
(a)
All new lots in major and minor subdivisions shall be designed to provide sufficient areas outside of stream corridors to accommodate primary structures as well as any normal accessory uses appurtenant thereto.
(b)
The board of jurisdiction may allow an average stream corridor width of 75 feet, thus allowing reasonable flexibility to accommodate site planning when necessitated by the size and shape of the tract and physical conditions thereon. The stream corridor width may be reduced to a minimum of 50 feet provided there is an equivalent increase in the width elsewhere on site, unless it is a C1 waterbody, in which case the default width is 100 feet and all relevant permits (e.g., stream encroachment, freshwater wetlands, soil conservation district) are obtained.
(3)
Activities permitted in stream corridors when there is no reasonable or prudent alternative. The following are permitted in a stream corridor when the Board of Jurisdiction determines the subdivision or site plan cannot be developed in the manner set forth in Subsection C(2), in the case of a preexisting lot for a one-family or two-family dwelling, when there is insufficient room outside the stream corridor for permitted accessory uses. In either case, there must be no other reasonable or prudent alternative to placement in the stream corridor.
[Amended 11-10-2005 by Ord. No. 385]
(a)
Yard improvements, such as lawns, and accessory structures, such as swimming pools, and bulkheads or retaining walls where required to prevent erosion.
(b)
Recreational use, whether open to the public or restricted to private membership, such as parks, camps, picnic areas, golf courses, sports or boating clubs, not to include enclosed structures, but permitting piers, docks, floats or shelters usually found in developed outdoor recreation areas.
(c)
Outfall installation for sewage treatment plants, sewage pumping stations and the expansion of existing sewage treatment facilities.
(d)
Private or public water supply wells that have a sanitary seal, floodproofed water treatment facilities or pumping facilities.
(e)
Dredging or grading when incidental to permitted structures or uses, including stream cleaning and stream rehabilitation work undertaken to improve hydraulics or to protect public health.
(f)
Dams, culverts, bridges and roads provided that they cross the corridor directly as practical.
(g)
Sanitary or storm sewers.
(h)
Utility transmission lines installed during periods of stream flow in accordance with soil erosion and sediment control practices and approved by the Soil Conservation District in a manner which will not impede flows or cause ponding of water.
(i)
Structures comprising part of a regional flood detention project.
(j)
Detention or retention basins and related outfall facilities.
(k)
Irrigation ponds and agricultural activities as defined in the NJ Right to Farm Act N.J.S.A. 4:1C-1 et seq.
(4)
Activities permitted in stream corridors when prohibiting such activities would cause economic hardship.
[Amended 11-10-2005 by Ord. No. 385]
(a)
New structures other than those permitted as exceptions to Subsection C(1) and (2), and including retaining walls, parking facilities and roads but not those which are parallel to the stream, are permitted in a stream corridor only upon a clear and convincing demonstration by the applicant to the board of jurisdiction that prohibiting such activity would result in economic hardship or would conflict with a compelling public need.
[1]
The board of jurisdiction shall use the following standards in determining whether economic hardship exists:
[a]
Prohibiting the activity would result in an economic hardship, as distinguished from a mere inconvenience, because of the particular physical surroundings, shape or topographical conditions of the property involved. The necessity of acquiring additional land to located development outside the steam corridor shall not be considered an economic hardship unless the applicant can demonstrate that there is no adjacent land which is reasonably available; and
[b]
An applicant shall be deemed to have established the existence of an economic hardship only if the applicant demonstrates, based on the specific fact, that the subject property is not capable of yielding a reasonable economic return if its present use is continued or if it is developed as unauthorized by provisions of this section and that this inability to yield a reasonable economic return results from unique circumstances peculiar to the subject property which:
[i]
Do not apply to or affect other property in the immediate vicinity;
[ii]
Related to or arise out of the characteristics of the subject property rather than the personal situations of the applicant; and
[iii]
Are not the result of any action or inaction by the applicant or the owner or his predecessors in title.
[2]
An applicant shall be deemed to have established compelling public need if the applicant demonstrates, based on specific facts that:
[a]
The proposed project will serve an essential public health or safety need;
[b]
The public health and safety require the proposed activity;
[c]
The proposed use is required to serve an existing public health or safety need;
[d]
There is not an alternative available to meet the established public health or safety need;
[e]
The activity will not be materially detrimental or injurious to other property or improvements in the area in which the subject property is located and will not endanger public safety; and
[f]
The exception granted is the minimum relief necessary to relieve the compelling public need.
[3]
The stream corridor includes more than 75% of the tract.
(b)
If an exception is granted pursuant to Subsection C(4), the board of jurisdiction may reduce the width of the stream corridor to no less than 50 feet unless it is a C1 waterbody in which case the default width is 100 feet.
(c)
If such an exception is granted, the applicant shall rehabilitate an environmentally degraded stream corridor within the same tract at least equivalent in size to the stream corridor reduction, if possible. Rehabilitation shall include reforestation, stream bank stabilization and removal of debris. The area to be rehabilitated and the rehabilitation plan shall be acceptable to the board of jurisdiction.
D.
Provisions governing activities in stream corridors.
(1)
The applicant for any activity permitted in a stream corridor shall rehabilitate any degraded areas within the stream corridor, in a manner acceptable to the board of jurisdiction or the Zoning Officer, as the case may be, unless the applicant demonstrates that it is economically infeasible to do so.
(3)
The applicant shall provide whatever additional measures are necessary to assure that areas designated as stream corridors will be preserved and to prevent additional encroachments in the stream corridor likely to occur as a result of the approval granted.
(4)
The board of jurisdiction, in the case for an application for development, may require conservation easements or deed restrictions assuring that there will be no further intrusion on the stream corridor than that permitted by the activity approved.
E.
Submission requirements. An applicant for an activity in a steam corridor shall submit to the board of jurisdiction, in addition to all required checklist items, a map of the project site delineating the following (at a scale of one inch equals 50 feet or larger), using the best available information:
[Amended 11-10-2005 by Ord. No. 385]
(1)
The stream corridor boundary, being the one-hundred-year-flood line, or seventy-five-foot line, whichever is larger;
(2)
State wetland boundary lines;
(3)
Any slopes greater than 15% within the site;
(4)
The location of all improvements and land disturbance proposed to be located within any of the above boundaries; and
(5)
A listing of all other federal, state, county and local permits and approvals required.
§ 75-46.2 Agricultural buffers.
[Added 2-9-2006 by Ord. No. 388]
A.
Areas to be buffered. All major residential subdivisions and major site plans shall include in their design agricultural buffers which shall be installed with the purpose of providing a buffer and barrier between the residential subdivision or site development requiring a major site plan and an adjacent agricultural use. The subdivision or site plan design shall include this buffer along any shared lot line with an active farm use and shall be designed with the purpose of acting as a separation and buffer between land used as farmland, as defined within this section, and residential uses. The buffer shall not be required for developments which abut certified woodland.
B. ACTIVE FARM USE LAND DEVELOPMENT BOARD
Terms defined. As used in this section, the following terms shall have the meanings indicated:
Land which is actively farmed or which is assessed as active farmland at the time the subdivision or site design is submitted for approval or which supported active farming operations such that it qualified for farmland assessment pursuant to the New Jersey Farmland Assessment Act, N.J.S.A. 54:4-23.1 et seq., within three years prior to the date of the submission of a development application for the parcel.
Either the Zoning Board or the Planning Board of the Township of Alloway.[1]
[1]
Editor’s Note: The Zoning Board of Adjustment was abolished and the functions of the Planning and Zoning Boards combined 5-20-2010 by Ord. No. 443 (Rev.), which ordinance also provided for the deletion of any other reference to the “Zoning Board of Adjustment” in the Township Code inconsistent with said ordinance. See also § 75-6J.
C.
Design standards.
(1)
A landscaped buffer of not less than 50 feet in width shall be provided within lots which are adjacent to any shared lot line with an active farm use. This buffer area shall be in addition to the minimum lot size otherwise required for all lots within the development.
(2)
Such agricultural buffer areas shall not be utilized or included in measurement for establishing setbacks for construction or yard requirements on the lots.
(3)
Buffers may be comprised of earth berms, fences, and landscaping, which shall be of a sufficient quantity, species and size to prevent the free movement between the residential subdivision and the farming operation and to add some protection from noise, dust, light, spray and the like. The buffering shall be designed to insure a year-round high and low visual screen and consist of evergreen and deciduous trees and shrubs. Any physical barriers to be constructed, such as fencing, shall be constructed within the buffer area. Infrastructure required for the development may be contained within the buffer as long as the structures are underground.
(4)
More than one species of evergreen and deciduous trees is to be provided to reduce the effects of potential tree disease.
(5)
Low bushes such as Hollies and other thorn-bearing bushes shall be utilized to discourage pedestrian traffic through the buffer area.
(6)
If shade trees are to be installed, they shall be provided in the buffer at the rate of one tree per 1,000 square feet of buffer area. The trees shall be set back from the property line to accommodate the mature spread of the tree and to avoid overhang into the agricultural property.
(7)
Landscaping buffers shall be designed to block 75% of all views from one side to the other five years after planting.
(8)
Additional buffering features are to be provided as may be found necessary by the land development board having jurisdiction over the application.
(9)
The plantings may consist of any of the six plantings hereinafter specified and, in addition thereto, those plantings which may be natural or indigenous to the area in question and which have a strong likelihood of providing a fence effect so as to prohibit passage through said living fence area, subject to the provisions of this section. The species provided for herein are intended to be utilized as recommended examples of living plants ideally suited to grow into fencing. Other plantings may possibly be substituted, depending on the site, sunlight, soil and such other conditions as would apply to probable growth of the planting. The land development board shall determine the type of plant material to be used at the time of development approval and shall take into consideration recommendations of its professionals as well as the owners or farmers of the adjacent farmland in making such determination:
(a)
European alder (Alnus cordata): rapid growing, not dense at the bottom, good windbreak, grows to 50 feet, very good in wet sites but also does well in dry sites.
(b)
American arbovitae (Thuja occidentalis): dense, grows to 40 feet, stays green all winter, and may get bagworms.
(c)
Japanese barbery (Beberis thunbergii): an excellent plant to keep people off property because it is thorny. Only grows four to five feet. Very pretty with different colored leaves. Get vigorous cultivar.
(d)
Forsythia (Forsythia x intermedia): moderately dense, spreading, grows to 10 feet with vigorous species, yellow flowers, green foliage but deciduous. Fairly trouble-free but should be pruned for best flower mass.
(e)
Privot (Liqustrum species): dense, deciduous, fairly trouble-free, most common hedging plant, 10 to 25 feet in height.
(f)
Russian olive (Elaeagnus angustifolia): moderately dense and rapid grower, 15 to 20 feet tall, tolerates poor and sandy soils, drought tolerant.
(11)
Planting size requirements. The following minimum plant sizes shall be required for any landscape material, measured in accordance with American Nurserymen's Association standards:
(12)
In addition, the land development board, in its sole discretion may require the developer to construct a fence within the agricultural buffer area along the boundary line with the adjacent property meeting the following specifications:
(a)
The buffer fence, when required, shall be a four-to six-foot-high fence, installed on the property of the development. The fence shall be installed by the applicant and/or developer. The land development board shall determine the type of fence after considering the recommendations of its professionals as well as comments of the owners or farmers of the involved adjacent farmland.
(b)
The board may grant exceptions to this requirement as may be reasonable and within the general purpose and intent of the provisions of this section if literal enforcement of the requirement is impractical.
(13)
Diversion of water flow.
(a)
No buffer shall be installed in any way, so as to interrupt the flow of waters across lands where water has previously flowed naturally, and the grading shall be reviewed by the Board Engineer at the time of development approval.
(b)
The contour of the land shall not be changed by more than 10% to accommodate a buffer so as not to modify or change the natural areas of water flow across lands.
(c)
No buffer shall be installed in such a fashion that it would act as a dam or diversion of waters to other areas.
D.
Installation requirements.
(1)
All plant materials shall be installed in accordance with promulgated guidelines of the American Nurserymen's Association as they may be amended or superseded. Planting materials shall be installed in accordance with an approved landscape plan when required as part of site plan or subdivision review. All plant material shall be guaranteed with an appropriate surety for a period of two years after final inspection.
(2)
No plants or plantings which shall be installed shall be less than three-foot initial feet in elevation, with that elevation being measured from the ground level and not a furrow.
(3)
All plants or plantings shall be installed in order that after three years of growth, the plant or plantings shall have reached an elevation of not less than five feet.
(4)
The screen planting or landscaping shall be planted and/or constructed in the case of mounds or berms in reasonable proximity to any fencing required.
(5)
Removal of existing trees or natural vegetative cover shall only be permitted if said trees and/or natural vegetative cover was not approved as justifying a waiver or reduction in the agricultural buffer; or after submission of a landscaping plan justifying to the satisfaction of the land development board why such removal is necessary and showing a proposed replanting of said area where such removal is proposed and which plan is approved by the land development board and a performance and maintenance bond are posted to insure said plan's completion.
(6)
Buffers shall be installed so as to incorporate natural areas of wetlands, dense or mature growth or other unique physical features and keep them in the same as condition both before and after the development, as near as possible.
E.
Exceptions to the buffer requirement. No buffer shall be constructed on the occurrence of any of the following:
(1)
Where the installation of the buffer would pass into, through, or upon any area described by the State of New Jersey as "wetlands" or "wetland transition areas."
(2)
Where natural boundaries that would prevent the construction of any buffer, including actual waterways, or a naturally existing forest with sufficient density that would prohibit the construction of the buffer.
(3)
Areas on slopes exceeding 20%.
(4)
Areas where the construction of a buffer is likely to alter or modify or restrict the flow of water or waters so as to create any damming effect.
(5)
No buffer may be erected in or traverse a dedicated sight triangle. No buffer may impede or interfere with the maintenance of a clear sight distance at any point of access to a roadway within the Township.
(6)
This screen planting requirement may be waived entirely or partially by the land development board to the extent that a screen of trees or natural plant material already exists on either side of the boundary line between the nonagricultural land uses and the farmland.
(7)
Wooded sites. Where densely wooded areas or growth would be required to be removed, such as woods, in order that berms, fences or other features be constructed. This article shall not be construed to prohibit the removal of separate and single trees or other growth similar thereto for the purpose of installing the buffer.
F.
Time for construction. The buffers are to be installed and completed prior to the issuance of the first certificate of occupancy for each section or phase in the section related to the certificate of occupancy and buffer. This section shall be applicable for each subsequent section or phase sought to be developed.
G.
Responsibility for maintenance; removal prohibited.
(1)
Where a buffer shall have been installed pursuant to the terms of this chapter, the following parties shall be responsible for the maintenance of the buffer:
(a)
The homeowners' association where a homeowners' association has been established.
(b)
In the alternate where no homeowners' association shall have been established, the individual homeowner where the buffer shall be situate.
(c)
The owner of the real estate or development upon which the fence is situated.
(2)
No buffer shall be removed by the homeowners' association or any owner or by any other party.
(3)
Maintenance standards. A buffer shall be maintained applying the following standards:
(a)
The buffer shall be trimmed and maintained in such a way as to create a barrier of a living and green variety.
(b)
The property owner is responsible for the maintenance of the buffer as set forth herein and shall at all times be responsible for the continued upkeep, maintenance, replanting, if necessary, trimming, removal of debris and trash and to take those steps necessary to insure that the living fence shall be maintained in a safe and neat condition.
(c)
The buffer shall be maintained, mowed and trimmed to prevent the growth of noxious weeds.
H.
Deed restrictions.
(1)
Wherever an agricultural buffer shall be required under this section or any amendments thereto, said buffer shall be restricted by deed restriction against the construction of any structure other than fencing, walls, drainage facilities or underground structures and against the removal of any screen of trees or hedgerows so long as the adjacent land is qualified as farmland under the New Jersey Farmland Assessment Act or is actively farmed. The applicant/developer shall establish deed restrictions which shall contain the following limitations, restrictions, and standards:
(a)
A deed restriction shall require that the buffer shall not be removed unless the adjoining property shall no longer be used for any of the purposes established in this section. Should the adjacent property fail to be farmland assessed for a minimum period of three years, the homeowners' association or other property owner affected by the buffer may apply to the governing body of the Township for approval to remove the deed restriction.
(b)
No fence or hedgerow shall be modified which may result in changes in drainage on adjacent property.
(c)
Hedgerows shall not be altered in any fashion to change or modify the purpose for which they were originally intended as a barrier.
(d)
Hedgerows and fences at all times shall be maintained pursuant to the deed restrictions so as to prohibit access to and from adjoining properties by persons, machines, and surface water drainage, if applicable.
(e)
Hedgerows or living fences may contain briers and other natural plants which shall not be destroyed or removed unless required for reasons of health, safety, or the welfare of the adjacent farming operation.
(2)
The deed restriction shall be recorded in the Salem County Clerk's office and disclosed to any purchaser of lands being developed.
(3)
This deed restriction may be enforced by the homeowners' association with responsibility for this development, the individual lot owners in the development, the Township of Alloway or the adjoining property which is benefiting from the buffer.
(4)
Deed restrictions shall be submitted to the Planning Board or Zoning Board of Adjustment of Alloway Township[2] for purposes of review and approval prior to filing upon land records of the County.
[2]
Editor’s Note: The Zoning Board of Adjustment was abolished and the functions of the Planning and Zoning Boards combined 5-20-2010 by Ord. No. 443 (Rev.), which ordinance also provided for the deletion of any other reference to the “Zoning Board of Adjustment” in the Township Code inconsistent with said ordinance. See also § 75-6J.
I.
Enforcement. This section may be enforced by a developer, any landowner, any adjoining landowner, any person holding any prescriptive right, easement right, any homeowners' association, or the municipality. The land development board may require provision for maintenance of such areas by individual property owners or homeowners' associations, easements and other legal restrictions which will provide a means of preserving and maintaining the buffer area and/or screening required and permit the Township or other third parties to become involved in the event that a property owner or homeowners' association fails to comply with the provisions of any such legal restrictions. Should the Township enforce these provisions, they may levy the cost of this enforcement against the individual lot owners of the subdivision as a lien against the property as permitted by law.
J.
Abandonment. Upon the abandonment or modification of the adjoining agricultural use, such that the buffer would no longer be required pursuant to this section, the buffer may be removed by the owner of the property on which the buffer is situate. Abandonment or modification of an agricultural use shall be defined as the development of the adjacent parcel in a nonagricultural fashion or the lapse of a farmland tax assessment for the adjacent parcel for a period of three years or more. If a property owner believes the buffer restriction may be removed because of an abandonment of an adjacent agricultural use, he shall apply to the Zoning Officer of the municipality for a determination in support of this request. The formal request shall then be made to the governing body. If the buffer was the subject of a bond, the formal release of the deed restriction authorized by the governing body shall also permit the release or reduction of the bond.
§ 75-46.3 Recreation open space.
[Added 4-13-2006 by Ord. No. 393]
A.
A recreation area shall be dedicated and improved by the developer for each subdivision containing more than 10 residential lots. Said recreation area shall consist of at least one acre or 1,500 square feet per residential lot in the subdivision, whichever is greater.
B.
All land and recreation areas shall be cleared as required, graded for proper drainage, leveled, top soiled, limed, fertilized and seeded with athletic field and general purpose mixture in accordance with specifications contained in Lofts, Inc., Guide Seed and Sod in United States and Canada, current edition, and must be suitable for playing playground games, such as touch football and softball, on an informal basis. The recreation area shall meet all design standards as set forth in this chapter.
C.
The recreation area shall not include any wetlands, wetlands transition areas of any kind, streets, drives or space occupied for off-street parking or loading purposes for other facilities. The recreation area shall be contained within the subdivision and entirely within Alloway Township and readily accessible to all lots intended for residential development.
D.
The development shall provide for a homeowners' association for the ownership and maintenance of the recreation area for the benefits of owners or residents of the subdivision, unless the Township accepts dedication of the recreation area.
E.
Monetary contribution in lieu of recreation area. In lieu of the recreation area required by Subsection A hereinabove the developer may elect, with approval by the Planning Board or Zoning Board of Adjustment,[1] as the case may be, to make a contribution of $1,500 per residential unit to a Recreation Trust Fund maintained by the Township specifically for the periodic purchase, lease, acquisition and/or maintenance of recreational facilities for use by the residents of Alloway Township. Said contribution shall be paid at the time of final approval.
[1]
Editor’s Note: The Zoning Board of Adjustment was abolished and the functions of the Planning and Zoning Boards combined 5-20-2010 by Ord. No. 443 (Rev.), which ordinance also provided for the deletion of any other reference to the “Zoning Board of Adjustment” in the Township Code inconsistent with said ordinance. See also § 75-6J.
F.
In the designation of the required open space and the uses proposed thereon, the developer shall be guided by the following:
(1)
Any lands proposed as open space shall be improved to best suit the purpose(s) for which open space is intended.
(2)
Common open space to be administered by a homeowners' association or other open space organization shall be distributed throughout the proposed development so that as many residential dwelling units or buildings as are practicable abut and have direct access to the common open space.
(3)
The protection of environmentally fragile and important resource land areas, such as aquatic buffer areas, five-hundred-year floodplain and treed acreage is a high priority.
G.
The Planning Board shall review the submitted common open space plan in the context of the particular development proposal, the particular characteristics of the subject land area and the ability, desirability and practicality of relating the proposed open space to adjacent and nearby lands. In any case, the lands shall be improved as may be necessary to best suit the purpose(s) for which they are intended.
H.
Should the proposed development consist of a number of development phases, the Planning Board may require that open space acreage be proportionate in size to the development phases being considered for final approval for that particular development phases, even though these lands may be located in a different section of the overall development.
I.
Open space may be offered by deed to the Township or dedicated as common open space to a homeowners' association or other open space organization.
(1)
If the applicant proposes that the open space be dedicated to the Township, then the Planning Board shall forward such request with its recommendation to the Township Committee prior to the granting of preliminary approval of any development application containing the subject open space.
(2)
All open space not offered to and/or not accepted by the Township shall be owned and maintained by a homeowners' association or other open space organization as provided in N.J.S.A. 40:55D-.43. Such organization shall not be dissolved, nor shall it dispose of any common open space by sale or otherwise.
J.
Within the noncritical lands area of the designated open space, at least one contiguous area shall be large enough to have inscribed within it a circle with a diameter of 250 feet, which diameter shall not pass over any detention or retention basin, street right-of-way or critical acreage.
K.
If any section, subsection, sentence, clause or phrase of this section is for any reason held by any court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the remaining portions of this section.
L.
All ordinances or parts which are inconsistent with the provisions of this amendment to an ordinance, are hereby repealed to the extent of such inconsistency.
M.
This section shall take effect immediately upon posting, publication and final passage in the manner prescribed by law.