Bloomsbury City Zoning Code
ARTICLE XIX
Performance Requirements and Supplementary Regulations
§ 270-146 Performance requirements for all nonresidential and nonagricultural uses.
Nonresidential and nonagricultural uses permitted in any district shall conform to the performance requirements listed below. On applying to the Planning Board for site plan approval pursuant to Article IV, the applicant shall furnish such evidence and documentation as may be required by the Planning Board to establish that the proposed use will comply with said performance requirements. In the case of a building being built for future lease, in whole or in part, the Planning Board may waive this requirement and direct that a building permit be issued; provided, however, that no certificate of occupancy shall be issued until the applicant establishes that the proposed occupant will comply with said performance requirements.
A.
Noise.
(1)
Any noise produced on the premises shall not be in excess of the standards listed below when measured at any lot line of the lot on which the use is located.
Frequency Band Hertz (cycles per second) | Sound-Pressure Level (decibels per 0.0002 dyne/cm2) | |
|---|---|---|
20 to 75 | 69 | |
75 to 150 | 54 | |
150 to 300 | 47 | |
300 to 600 | 41 | |
600 to 1,200 | 37 | |
1,200 to 2,400 | 34 | |
2,400 to 4,800 | 31 | |
4,800 to 10,000 | 28 |
(2)
If the noise is not smooth and continuous but is of an impulsive or periodic character, the decibel levels indicated above shall be reduced by 5%.
B.
Smoke. Any smoke emitted from any source on the lot shall not be of a density greater than the density described as No. 1 on the Ringelmann Chart, as published by the United States Bureau of Mines, or shall comply with the standards promulgated pursuant to state statute, whichever shall be more strict.
C.
Dust and odors. No visible fly ash and no dust, fumes, vapors, odors or other forms of air pollution shall be transmitted beyond the lot lines of the lot on which the use is located.
D.
Heat or glare. No activity shall be maintained on the lot which will produce heat or glare beyond any lot line.
E.
Vibrations. No machinery or operation shall be permitted which shall cause perceptible earth-shaking vibration beyond the lot lines of the lot on which the use is located.
F.
Open burning. No open burning shall be permitted except where it may be allowed by the New Jersey Air Pollution Control Code.
G.
Open storage. No open storage or accumulation of junk, solid wastes or other objectionable materials shall be permitted.
H.
Fire prevention regulations. The applicant shall provide the Bloomsbury Fire Chief and the Hunterdon County Fire Marshal with copies of proposed plans with request that such plans be reviewed for compliance with all applicable fire prevention regulations.
§ 270-147 Conditional uses.
A.
General provisions. The conditional uses for which conformance to additional standards is required shall be deemed to be permitted uses in their respective districts subject to the satisfaction of the requirements and standards set forth herein. In addition to all other requirements of this chapter, all such uses are hereby declared to posses characteristics of such unique and special forms that each specific use shall be considered as an individual case.
B.
Guiding principles. In making its decision on an application for a conditional use permit, the Planning Board shall take no action which will be detrimental to the public welfare or which will substantially impair the intent or purposes of this chapter. The Board may attach terms and conditions to an approval of such application if in its judgment they will preserve such public welfare or such intent or purposes and shall be guided by the following principles:
(1)
The proposed use will not be prejudicial to the character of the neighborhood.
(2)
The proposed use will not affect adversely the general plans for the physical development of the Borough, as embodied in this chapter and in any Master Plan or portion thereof as may be adopted by the Planning Board.
(3)
The proposed use will not be detrimental to the use or development of adjacent lots or the general neighborhood.
(4)
The proposed use will not be affected adversely by the existing uses.
(5)
The proposed use will adequately provide for access facilities for the estimated traffic from streets and sidewalks.
(6)
The proposed use shall be subject to off-street parking, loading and service requirements of this chapter.
(7)
Screening or buffer strips, as required, shall be installed.
(8)
No outdoor floodlighting or spotlighting shall be permitted to shine directly or indirectly on any abutting property.
(9)
The proposed use is reasonable in terms of the logical, efficient and economical extensions of public services and facilities, such as water, sewers, police and fire protection, transportation, recreation and public schools.
(10)
Each proposed use shall be further subject to specific conditions as set forth in this chapter.
C.
Site plan. Each applicant for a conditional use permit shall be prepared to comply with the provisions of Article IV of this chapter.
D.
Expiration. A conditional use permit shall be deemed to authorize only one particular conditional use and shall expire if the conditional use shall cease or be unused for more than six months for any reason. This period may be extended by the Planning Board on application made within the six-month period for up to six additional months without public hearing or referral.
E.
Existing violations. No permit shall be issued for a conditional use for a lot where there is an existing violation of this chapter.
F.
Procedure. The Planning Board shall hear and decide requests for conditional use permits in accordance with Article IV of this chapter.
G.
Issuance of permit. If the Planning Board finds, after the hearing required by Article V, that the proposed conditional use meets the requirements of this chapter, the Board shall cause an appropriate conditional use permit to be issued by the Zoning Officer, stating the use of facilities authorized and any terms and conditions attached thereto. The conditional use shall be construed to be a conforming use. The Zoning Officer shall maintain a special file as a record of such permits.
§ 270-148 Specific standards for conditional use permits.
The Board may grant a conditional use permit in permitted districts provided that the additional conditions and requirements for each use set forth in the subsections below are complied with:
A.
Automobile and/or trailer sales area in B-2 District.
(1)
Lot area and frontage. The minimum lot area shall be 40,000 square feet. The minimum frontage shall be 150 feet.
(2)
Signs. All signs shall conform to all provisions and regulations of Article XVIII of this chapter.
(3)
Glare. No direct or indirect glare shall be permitted beyond any lot line.
(4)
Landscape. A ten-foot-wide strip across the entire frontage with the exception of exit and entrance driveways shall be landscaped with grass or ground cover and attractively planted with low growing shrubbery and plants.
(6)
Driveways. Driveway opening approval shall be required of the agency having jurisdiction of the street upon which the lot fronts.
(7)
Lot surface. All lot areas used by motor vehicles shall be provided and maintained with a dust-free surface and drained into a public drainage system or in another manner as may be determined by the Borough Engineer.
(8)
Off-street parking. Sufficient off-street parking shall be established.
(9)
New or used cars. No new or used cars held for sale or rent shall be parked on a street.
B.
Automobile and gasoline service stations.
(1)
Lot area. The minimum lot area shall be five acres.
[Amended 9-8-1998 by Ord. No. 105-98]
(2)
Frontage. The minimum frontage shall be 500 feet.
[Amended 9-8-1998 by Ord. No. 105-98]
(3)
Depth. The minimum lot depth shall be 250 feet.
[Amended 9-8-1998 by Ord. No. 105-98]
(4)
Front yard. The minimum front yard shall be 50 feet.
(5)
Side yard. The minimum side yard shall be 40 feet.
(6)
Rear yard. The minimum rear yard shall be 25 feet.
(7)
Location of fuel pumps. All fuel dispensers, pumps and canopies shall be located at least 25 feet from any required setback line.
[Amended 9-8-1998 by Ord. No. 105-98]
(8)
Driveways. Driveways shall not be wider than 36 feet at any point and must be at least five feet from any side lot line and 35 feet from the intersection of street lines. No more than two driveways shall be permitted for each 150 feet of frontage.
(9)
Road surface. The entire area of a site traversed by motor vehicles shall be constructed and maintained with a dust-free surface and drained into a public drainage system or in another manner as may be determined by the Borough Engineer.
(10)
Landscaping. All property corners along frontages shall be landscaped. If the automobile and gasoline service station abuts residences, a planted buffer strip shall be required in accordance with Article XIV, § 207-118, of this chapter. A ten-foot-wide strip across the entire frontage with the exception of exit and entrance driveways shall be landscaped with grass or ground cover and attractively planted with low-growing shrubbery and plants.
(11)
Glare. No direct or indirect glare shall be permitted beyond any lot line.
(12)
Spacing. No automobile and gasoline service station shall be located within 600 feet of a church, school, library, hospital, charitable organization, place of public assemblage, public park, playground, fire station, or institution for the care or housing of children or the aged and infirm, which distance shall be measured in a straight line from the nearest lot line of one such use to the nearest lot line of the other.
(13)
Repairs. Any repair of motor vehicles shall be performed in a fully enclosed building.
(14)
Auto sales. No motor vehicle shall be offered for sale on the site.
(16)
Other sales and rentals. No sale or rental shall be permitted other than those normally made in conjunction with an automobile and gasoline service station.
C.
Nursing homes. Nursing homes and other buildings to the extent required by the State of New Jersey shall conform to the Manual of Standards for Nursing Homes issued by the Department of Human Services of the state.[1]
(1)
Lot area. The minimum lot area for a nursing home shall be five acres.
(2)
Lot width. The minimum lot width, at the front building line, shall be 300 feet.
(3)
Front yard. The minimum front yard shall be 75 feet.
(4)
Side yard. There shall be two side yards no less than 100 feet in aggregate width and neither yard less than 50 feet.
(5)
Rear yard. There shall be a rear yard with a depth of not less than 50 feet.
(6)
Lot coverage. No more than 20% of the area of each lot may be occupied by buildings.
(7)
Height regulations. No building shall exceed a height of 36 feet or 2 1/2 stories.
(8)
Water supply and sewage disposal. Each nursing home shall be served by a public water supply and sanitary sewer facilities approved by the Borough Engineer, the Board of Health Officer and New Jersey State Department of Health and Senior Services.
(10)
Service areas. No service area may be on any street frontage.
D.
Single-family cluster residential developments.
(1)
Permitted accessory uses.
(a)
Land area. The project shall encompass a minimum land area of 20 contiguous acres in the A-C Zone and 10 contiguous acres in the A-R Zone and shall have as a permitted principal use only single-family dwellings.
(b)
Permitted accessory use in A-R Zone. Permitted accessory uses for cluster developments in the A-R Zone are as follows: private garages, home occupations and professional uses in accordance with § 270-149, and private swimming pools for residential uses as defined in this chapter.
(c)
Permitted accessory use in A-C Zone. Permitted accessory uses for cluster developments in the A-C Zone are as follows: private garages, home occupations and professional uses in accordance with § 270-149, private swimming pools for residential uses as defined in this chapter, and shelter for domestic pets not in access of 50 square feet of gross floor area of buildings, exclusive of runs.
(2)
Open space uses.
(a)
Open space. The developer shall dedicate all unsubdivided lands to permit open space. In no case shall these lands be less than 30% of the total project area. All open space should be interconnected. Open space shall be dedicated to the Borough for Borough park, recreational or open space use and deeded to the Borough or shall be reserved by a covenant in favor of the Borough or by granted easement or deed, provided that it is set aside in perpetuity for the residents of the project; however, the method for reserving such lands to use shall be approved by the Planning Board.
(b)
Open space use. Open space areas may be used as park, playground or recreational areas, including golf courses, swimming pools, equestrian trails and centers, tennis courts, shuffleboard, basketball courts and similar facilities; woodland or stream conservation areas; pedestrian walkways; stream course or drainage control areas; or any similar use or benefit to the residents of the project, provided that such uses shall be approved by the Planning Board.
(3)
Conditional approval. The developer shall have received informal conditional approval from the Borough Planning Board of the design and arrangement of streets, lots, open areas, and other elements of the project prior to the filing of the conditional use permit application.
(4)
Density. The requirements of this chapter, insofar as density, minimum lot area, minimum lot width, minimum side yard and rear yard areas, and maximum lot coverage are concerned, are as specified on the schedule of this chapter (Article XX, § 270-156) for the A-R and A-C Zones, respectively. All other requirements of this chapter shall be adhered to.
E.
Apartment development. Garden apartments may be permitted, provided that the following standards and any other requirements deemed necessary by the Planning Board are met:
(1)
There shall be no dwelling units below the first floor nor above the second story of any such building except where the average grade difference between the front and the rear of an apartment building shall be more than seven feet, in which case dwelling units may be permitted below the first floor.
(2)
Condominiums as such are a form of ownership and not a particular type of development. Condominium developments shall be treated as to the type of development they may as such be.
(3)
Each dwelling unit shall contain complete kitchen facilities, toilet, bathing and sleeping facilities and shall have a net livable floor area in accordance with the following:
(4)
In addition to the required livable floor area there shall be a minimum storage area in each building for bicycles, perambulators, furniture and similar equipment of 50 square feet in area and a minimum of seven feet in height per dwelling unit. Storage areas for each dwelling shall be separate and designed for individual access by dwelling unit residents.
(5)
Each garden apartment dwelling unit with a floor level over eight feet above grade level shall have an exterior balcony. Balconies shall have a minimum floor area of 18 square feet and a width of not less than six feet. Balconies shall have railings and balusters of not less than three feet in height.
(6)
Sufficient laundry, drying, garbage pickup and other utility areas must be provided and shall be located with a view both to convenience and to minimizing the detrimental effect on the aesthetic character of the building(s) and shall be enclosed and shielded from view by fencing, walls or shrubbery of at least six feet in height around the perimeter. Fencing and walls shall not be more than 50% open on the vertical surface.
(7)
There shall not be more than 16 dwelling units in each building. The facade of any building shall not exceed 70 feet in length unless making an angle turn or having an offset of at least five feet within each 70 feet of length.
(8)
Courts bounded on three or more sides by the wings of a single building or the walls of separate buildings shall have a minimum court width of two feet for every one foot in height of the tallest adjacent building.
(9)
No garden apartment dwelling structure shall be located within 25 feet of another structure.
(10)
Every building shall have a minimum setback of 20 feet from any and all interior roads, driveways and parking areas.
(11)
Garages and carports not part of a garden apartment dwelling structure but intended for use of the residents of a multiple-family dwelling structure and all other accessory buildings shall be located at least 15 feet from the nearest wall of any garden apartment dwelling structure.
(12)
A strip of land at least five feet in width surrounding each building shall be kept completely open except for foundation plantings of less than six feet in height. Open space adjacent to, around or between buildings not surfaced as walkways, driveways, parking areas, utility areas or other required improvements shall be graded and seeded to provide for a thick stand of grass or other plant material. Approaches to apartment structures and entrance areas shall be attractively shrubbed and properly maintained.
(14)
Access driveways shall be limited to one per development plus one additional access driveway for each 150 feet of frontage. Access driveways shall be located at least 100 feet from the intersection of two streets.
(15)
Site planning shall create usable, private open space to the fullest extent feasible.
(16)
A minimum of 10% of the total lot area, exclusive of normal dwelling yards, buffer strips and parking areas, shall be designated for common recreational purposes. No one recreational area shall be less than 6,000 square feet in area nor less than 60 feet in width. Such areas shall be located so as to be convenient to dwelling units. Sandboxes, swings, slides or other recreation equipment for use by the residents may be required by the Planning Board.
(17)
Driveways, parking areas, dwelling entranceways and pedestrian walks shall be provided with sufficient illumination to minimize hazards to pedestrians and motor vehicles utilizing the same, and light sources shall, where necessary, be shielded to avoid glare disturbing to occupants of the apartment buildings or of adjacent lots.
(18)
The land shall be so graded, paved areas so pitched, and, if necessary, storm drains and/or catch basins so located as to minimize the harmful effects of stormwater runoff, soil erosion and sedimentation, both on site and off site. (See also Article XXIII of this chapter.)
(19)
Up to two trees and four shrubs for each dwelling unit may be required, exclusive of those in parking areas, by the Planning Board. Up to 25% of these trees may be of a decorative or flowering variety; the remaining trees shall be an approved variety of shade trees. A planting plan shall be required and shall include the type and location of all proposed shrubs and trees.
(21)
All on-site electrical utility services shall be installed below ground level.
(22)
All driveways and off-street parking areas shall be designed in accordance with the provisions of Article XVII of this chapter.
(24)
Other standards and conditions of the site plan and of curbing, driveways, parking areas, pedestrian walks, landscaping and planting not otherwise specified herein may be attached as conditions by the Planning Board if circumstances indicate they will further the purpose and intent of this chapter.
F.
Apartment dwellings. Apartments may be permitted provided that the following standards and other requirements deemed necessary by the Planning Board are met:
G.
Drive-in restaurants.
(1)
These additional regulations shall apply to all restaurant or prepared food service establishments, whether designed for indoor, outdoor, take-out or in-vehicle eating, if the food served is predominantly of the short-order or already prepared variety.
(2)
The applicant shall resubmit plans showing the placement, type, intensity and direction of all lighting.
(4)
Driveways shall not be more than 35 feet or less than 25 feet wide at any point. Driveways must be at least 15 feet from any side lot line and 100 feet from the intersection of street lines. No more than one driveway shall be permitted for each 150 feet of street frontage. Driveway surfaces shall be maintained in accordance with Subsection B(9) of this section.
(5)
The applicant shall provide for enclosed garbage and trash storage areas and demonstrate that garbage and trash will be adequately disposed of. The site shall be landscaped and the yards and landscaping shall be maintained in a neat and attractive manner.
H.
Public and private utilities.
(1)
The proposed installation must be provided above ground in a specific location. It shall be demonstrated that the proposed installation is necessary and convenient for the efficiency of the utility system and that a particular location is the most desirable to the utility and that it will not have an adverse environmental impact on the neighborhood in which it is to be located.
(2)
The design of any building in connection with such installation or facility shall conform to the general character of the area and will not adversely affect the safe and comfortable enjoyment of property rights of residents in the area in which it is located.
(3)
Buffer strips and fencing shall be provided in accordance with this chapter. Safety devices and fencing shall be provided where necessary to protect Borough residents.
(4)
The site of the installation shall be landscaped and the yards and landscape materials shall be maintained in a neat and attractive manner.
(5)
Parking areas for employees and service equipment shall be provided to ensure an adequate off-street parking area.
I.
Fast-food and family restaurants. Requirements for fast-food and family restaurants shall be as follows:
[Added 10-10-2000 by Ord. No. 106-00]
(1)
The minimum lot area and yard requirements of the zone in which the use is located shall be met without exception.
(2)
Any building in which a fast-food restaurant is proposed to be located shall be at least 500 feet from the nearest residential structure in any adjoining residential zone district. However, the limitations contained herein as to distance from a residential structure may be waived or reduced by the Planning Board upon request for variance or reduction upon a showing by the applicant that there shall be no substantial detriment to the nearest residential use in the residential zone district.
(3)
Access to drive-in windows shall provide a sufficient queue distance to provide for 15 passenger automobiles on the property of the facility for which a drive-in window is proposed.
(4)
There shall be no indoor or outdoor recreational facilities included or associated with any fast-food restaurant.
(5)
Any application relating to or including a fast-food restaurant (whether such fast-food restaurant shall be the only use upon the property or one of several uses upon the property) shall require proof satisfactory to the reviewing/approving board that traffic generation to and from the property, measured by trip generation projections as published by the Institute of Traffic Engineers, or such other reputable professional organization acceptable to the board, at and during the peak hours of the day, as well as in total average daily trip generation, shall be not more than 100% of the trips generated by development of the property without a fast-food restaurant located thereon during the same time.
§ 270-149 Home occupations.
[Amended 12-19-1991 by Ord. No. 317-91]
Home occupations, as defined in this chapter, shall conform to the following restrictions:
A.
Home occupations are permitted only by inhabitants of the dwelling. Not more than one equivalent full-time employee outside the inhabitants shall be employed in such occupation and not more than one at any given time.
B.
The home occupation shall be carried on wholly within a completely enclosed building and shall be clearly incidental and subordinate to its use for residential purposes by its occupants.
C.
The floor area devoted to a home occupation shall not be more than 25% of the ground floor area of the principal residential structure or 500 square feet, whichever is less. An equivalent area in an existing accessory building may be utilized instead.
D.
There shall be no exterior display or exterior sign except as permitted by this chapter, and no other exterior indication of such home occupation or variation from the residential character of the principal building or accessory building by use of colors, materials, construction, lighting, show windows or advertising visible outside the premises, nor any adverse effect upon the safe and comfortable enjoyment of the neighborhood in which it is located.
E.
The home occupation shall not generate discernible noise, vibration, glare, fumes, odors, or other interference that may affect electrical, radio or television devices at the property line or cause fluctuations in electrical line voltages off the lot, nor shall it generate parking requirements that cannot be accommodated by the street frontage of the lot involved or off-street parking on the lot.
F.
There shall be no exterior storage of materials or parking of commercial vehicles.
G.
Servicing by commercial vehicles for supplies and materials in excess of two trucks per week shall not be permitted.
H.
No articles shall be sold or offered for sale except such as may be produced on the premises.
I.
Occupations which are home occupations and those which are not home occupations are determined in the following lists. A permit is required from the Planning Board for the home occupation and may be obtained after a hearing by the Planning Board. With the granting of a permit the applicant shall pay a nonrefundable fee as provided in § 270-168 to the Borough of Bloomsbury. Occupations not listed will require a variance from the Planning Board to determine if they meet the requirements of a home occupation.
[Amended 10-13-1992 by Ord. No. 409-92[1]]
(1)
Occupations which are home occupations:
Art studio | ||
Dressmaking or millinery | ||
Individual instruction of a single student for: | ||
Art | ||
Dance | ||
Music | ||
Musical instrument | ||
Tutoring | ||
Voice | ||
Insurance agent | ||
PC operation | ||
Professional office of: | ||
Accountant | ||
Architect | ||
Artist | ||
Dentist | ||
Engineer | ||
Lawyer | ||
Physician | ||
Stock or bond broker | ||
Travel or ticket agent | ||
(2)
Occupations which are not home occupations and will not be permitted under any circumstance:
Animal hospital or pet shop | |
Antique shop | |
Automotive repair | |
Barbershop | |
Beauty parlor | |
Clinic | |
Commercial stables and/or kennels [Added 2-9-1993 by Ord. No. 502-93] | |
Dance or art studio not on individual instruction, single student basis | |
Dress shop | |
Funeral home | |
Gunsmith shop | |
Health or exercise studio | |
Hospital | |
Insurance office | |
Machine shop | |
Printing shop | |
Radio, television, etc., repair | |
Real estate office | |
Restaurant | |
Tea room | |
Tourist home |
§ 270-150 Motels.
Motels, auto courts, motor lodges, tourist courts or related developments shall comply with the Hotel and Multiple Dwelling Law (N.J.S.A. 55:13A-1 et seq.) and the New Jersey Hotel and Multiple Dwelling Regulations.
B.
Driveways. Driveways shall not be wider than 36 feet at any point and must be at least five feet from any side lot line and 35 feet from the intersection of street lines. No more than two driveways shall be permitted for each 150 feet of frontage.
C.
Driveway and parking surfaces. The entire area of a site traversed by motor vehicles shall be constructed of a dust-free surface and drained into a public drainage system or in another manner as may be determined by the Borough Engineer.
D.
Glare. No direct or indirect glare shall be permitted beyond any lot line.
E.
Courts. Courts as defined in this chapter shall be permitted and shall have a minimum width of two feet for each one foot in height of the tallest building.
F.
Accessory uses. Motel complexes may include accessory uses customary to motel operations. Such uses include, but are not limited to, restaurants, cocktail lounges, ballrooms, swimming pools, gift and souvenir shops, news and magazine stands and carports and automobile garages (for customers only).
§ 270-151 Industrial/office park.
[Amended 12-19-1991 by Ord. No. 317-91]
A.
Spacing of buildings. Industrial/office parks designed for more than one building or for more than one tenant (but not subdivided lots) shall have buildings spaced so that the mortgage and/or lease lines shall conform to the requirements for lot lines as if the parcels were being subdivided and in order to establish conformance with all of the following requirements. A site plan shall be required (and a major subdivision plan if applicable).
[Amended 10-23-2012 by Ord. No. 106-12]
B.
Requirements.
(1)
Total tract area: minimum of 25 acres.
(2)
Minimum individual lot size: two acres.
(3)
Average lot size: not less than 3.5 acres (no more than 50% of total number of lots may be less than 3.5 acres).
(4)
Minimum lot frontage: 250 feet.
(5)
Minimum front yard: 40 feet. If abutting a residential zone, the minimum requirement shall be 100 feet.
(6)
Minimum rear yard: 40 feet. If abutting a residential zone, the minimum requirement shall be 100 feet.
(7)
Minimum side yard: 25 feet. If abutting a residential zone, the minimum requirement shall be 100 feet.
(8)
Minimum building coverage: 20%.
(9)
Maximum lot coverage: 50%.
(10)
Maximum building height: 39 feet. If located within 500 feet of a residential zone, the maximum height shall be 30 feet. In addition to the above requirements, the following shall also apply:
(a)
Buffer strips shall be required where the nonresidential development abuts a residential zone. The buffer strip shall meet the requirements of § 270-118 of this chapter.
(b)
The design shall incorporate a comprehensive circulation system which will limit congestion and provide proper access for all anticipated vehicles. A detailed traffic analysis shall be submitted.
(c)
An environmental impact statement shall be submitted.
§ 270-152 Aged parents temporary housing.
[Amended 12-19-1991 by Ord. No. 317-91; 10-23-2012 by Ord. No. 106-12]
See the definition of "aged parents temporary housing" in § 270-13. After the parents cease to use the temporary facilities the facility must be restored to its original condition and use within six months. If the temporary facility is an external building the building must be removed within six months.
§ 270-152.1 Wind and solar energy and production systems.
[Added 3-27-2012 by Ord. No. 103-12]
A.
Purpose. The purposes of this section regulating minor and major wind and solar energy systems are as follows:
(1)
The primary purpose of a minor wind and minor solar energy system will be to provide power for the principal use of the property whereon said system is to be located and shall not be for the generation of power for commercial purposes, although this provision shall not be interpreted to prohibit the sale of excess power generated from a small solar energy system to a supplier/provider. For the purposes of this section, the generation of power shall be limited to 110% of the average annual energy consumed for the principal use of the subject property.
(2)
Minor wind and solar energy systems are permitted as an accessory use on the same lot as the principal use. All minor wind and solar energy systems require approval from the Zoning Officer prior to installation. Applications for an energy system shall include information demonstrating compliance with the provisions of this section. In the event that the Zoning Officer does not believe the provisions of this section will be satisfied an applicant may request a variance.
(3)
All applications for minor wind and solar energy systems are to be submitted for site plan and/or variance and waiver review to the Borough of Bloomsbury Planning Board as necessary, when variance(s) and/or waiver(s) are requested.
(4)
All applications for major wind and solar energy systems are required to submit for site plan approval.
B.
Use regulations.
C.
Minor solar energy systems (110% production).
(1)
Rooftop solar arrays for minor solar energy systems are permitted as an accessory use in all zones subject to the following requirements:
(a)
Rooftop solar arrays shall not exceed a height of 12 inches from the existing roof surface of a peaked roof and not exceed a height of four feet from the existing roof surface of a flat roof.
(b)
In no event shall the placement of the solar arrays result in an overall height in excess of that permitted for the principal structure in the zone district in which the principal structure is located.
(2)
Ground-mounted solar arrays for minor solar energy systems are permitted as an accessory use in all zones subject to the following requirements:
(a)
Maximum size. No more than 10% of a lot may be devoted to a ground-mounted solar energy system, however in no case shall a ground-mounted solar energy system exceed 2,500 square feet.
(b)
Minimum setback. All ground-mounted solar energy systems shall have a distance of 10 feet from all property lines in residential zoning districts or 25 feet from any property line in commercial zoning districts.
(c)
Ground-mounted solar energy systems shall not exceed a height of eight feet as measured from the grade plane to the highest point of the mounting equipment and/or panel(s), whichever is higher.
(d)
Ground-mounted solar energy systems shall not be permitted in any front yard.
(e)
Ground-mounted solar energy systems are permitted in the rear yard and side yards, if screened from the street and adjacent properties by evergreen landscaping to create a continuous visual buffer.
(f)
Ground arrays shall not contribute to impervious surface calculations, unless installed above an impervious surface.
(g)
Ground arrays shall be designed to permit maintenance of the ground surface to prevent erosion or other deterioration.
D.
Minor wind energy systems (110% production).
(1)
Small wind energy systems are permitted as an accessory use in the PUD Zone subject to the following requirements:
(a)
Maximum density. Maximum density of wind turbines shall not exceed one turbine per five acres. More than one wind energy system may be permitted per property provided the overall density of one turbine per five acres is maintained.
(b)
Maximum height. System height shall not exceed 125 feet, measured from the grade plane to the height of the blades at its highest point.
(c)
Minimum setbacks. All wind energy systems shall be set back from all property lines a distance equal to 150% of the system height including the blades of the turbine at their highest point.
(d)
Separation distance. All wind energy systems shall be set back from all other wind energy systems a distance equal to 100% of the system height including the blades of the turbine at their highest point.
(e)
Wind energy systems shall not be permitted in any front yard.
(f)
Wind energy systems shall not be permitted as a rooftop installation.
(g)
All moving parts of the wind energy systems shall be a minimum of 30 feet above ground level.
(h)
Any tower shall be designed and installed so as to not provide step bolts or a ladder readily accessible to the public for a minimum height of eight feet above the ground.
(i)
All guy wires or any part of the wind energy system shall be located on the same lot as the wind energy system.
(2)
Noise. All wind energy systems shall comply with the following requirements:
E.
Abandonment.
(1)
In the case that any minor wind or solar energy system as defined herein is out of service for a continuous twelve-month period it will be deemed to have been abandoned.
(2)
The Zoning Officer or other enforcement official of the Borough may issue a "notice of abandonment" to the owner. The notice shall be sent via regular and certified mail, return receipt requested, to the owner of record.
(3)
Any abandoned minor wind or solar energy system as defined herein shall be removed at the owner's sole expense within six months after the owner receives the notice of abandonment from the municipality. If the system is not removed within six months of receipt of notice from the Borough notifying the owner of such abandonment, the Borough may remove the system as set forth below.
(4)
When an owner of a minor wind or solar energy system as defined herein has been notified to remove same and has not done so six months after receiving said notice, then the Borough may remove such system and place a lien upon the property for the cost of the removal and restoration. If removed by the owner, a demolition permit shall be obtained and the facility shall be removed. Upon removal, the site shall be cleaned, restored and revegetated to blend with the existing surrounding vegetation at the time of abandonment.
F.
Major solar energy systems.
(1)
Generation system-principal use: any solar energy system that is not classified as a minor system. Major solar energy systems are a permitted use in the PUD Zone only.
(2)
Major solar energy systems may be installed on lots of a minimum area of at least 20 acres.
(3)
Major solar energy systems shall not be placed in any front yard or in any minimum front yard area.
(4)
Security. All inverters, transformers and such other system components that are designed to convert or modify electric current, or transmit electric flow to the transmission or distribution system, shall be secured by/with the following methods:
(6)
Maximum height of ground-mounted solar arrays is 10 feet.
(7)
Solar reflection. The energy generation facilities, structures and equipment shall be constructed to avoid solar reflection as much as practicable.
G.
Requirements for all major ground-mounted solar energy systems.
(1)
Major ground-mounted solar energy systems must meet the minimum requirements for a minor solar energy system.
(2)
Other than footings, which may be computed as impervious cover, systems shall not be counted in the calculation of maximum impervious cover, unless the area under the equipment consists of an impervious material layer, such as pavement or stone.
(3)
The design of the ground-mounted system shall comply with all Borough stormwater, grading, and soil disturbance regulations and the applicant shall take appropriate measures to prevent a concentrated flow of runoff. No increase in runoff shall be permitted.
(4)
Major ground-mounted systems shall provide one or more of the following beneath the structures: grasses or agricultural area for crops or grazing farm animals.
(5)
To the extent feasible, ground-mounted solar energy systems and substations shall be screened from view. Screening must include a fifty-foot vegetative buffer; inverter pads must be set back 150 feet from any property line. Buffering shall have three offset rows of trees. The trees shall be at least the same height as the installed panels at the time of planting. At least 20% of the trees shall be deciduous trees. Landscaping buffer shall include ground cover in addition to trees. All plantings must be of native species. The solar installation shall not be visible in any location from vehicle or pedestrian level. There shall be no lighting, except for motion sensor lighting at entry points/gates.
(6)
Site plan approval is required for all ground-mounted systems which shall depict the following:
(a)
Property lines and physical dimensions of the property by a licensed land surveyor.
(b)
Locations, dimensions and use of all existing structures on the property.
(c)
Location of the solar or photovoltaic system and dimension to all property lines.
(d)
Location of proposed and existing overhead utility lines.
(e)
Location of any proposed or existing substation, inverter or transformer.
(f)
Description and design of how the energy generated by the facility will be transmitted to the larger electrical distribution system.
(g)
For projects over 20 kilowatts, the location and elevations and design details of all transmission lines, support structures and attachments to a substation(s).
(h)
Decommissioning plan. The decommissioning plan must provide that when the system ceases operation, the property must be restored to agricultural or other permitted use to the Board's satisfaction.
(i)
Landscaping plan.
(j)
Environmental impact statement required upon submission.
H.
Applicant/owner. The owner of the property and the developer if other than the owner shall file the application as coapplicants and the owner as well as the developer or the developer's successor shall be responsible for decommissioning the facility upon its abandonment as herein defined.
I.
Major wind energy systems.
(1)
Generation system-principal use: any wind energy system that is not classified as a minor system. Major wind energy systems are a permitted use in the PUD Zone only.
(2)
The minimum lot size shall be 20 contiguous acres and located in the PUD Zone.
(3)
Unless otherwise stated, all buildings and structures shall comply with the standards of the zone district.
(4)
A wind tower and generator shall be set back a minimum distance of 150% of the system height from all property lines. However, the setback to a residential use or zone district shall conform to the above, but shall be no less than 200 feet.
(5)
Notwithstanding setback requirements which are applicable, no major wind energy system shall be located in a front yard.
(6)
The wind energy system shall not be lighted unless required by the Federal Aviation Administration.
(7)
Substations shall be set back a minimum of 150 feet from a property line. However, the setback to a residential use or residential zone district shall be no less than 200 feet.
(8)
The wind generator and the tower shall be a neutral color that is appropriate for its location and will allow the tower to be as unobtrusive as possible, unless otherwise required by the FAA.
(9)
The major wind generator shall comply with all minimum requirements of a minor wind generator system.