The following requirements shall be met in all residential zones:

The following requirements shall be met in all nonresidential zones:

General.

Residential districts.

Nonresidential districts. Outdoor storage in all nonresidential zones shall be permitted only in accordance with the following provisions:

Outdoor displays.

Each off-street parking area hereinafter created in excess of 1,000 square feet within the Township of Branchburg shall be subject to the approval of the Planning Board or Zoning Board to insure its adequacy to provide for traffic safety, to provide ingress and egress for emergency vehicles, to protect adjacent properties.

All off-street parking shall be paved in accordance with Township standards.

For residential developments, off-street parking shall be provided as set forth in Exhibit 1.

For nonresidential developments, off-street parking shall be provided as set forth in Exhibit 2.

A one-car garage and driveway combination shall count as 2 off-street parking spaces. A two-car garage and driveway combination shall count as 4 off-street parking spaces.

Where the total number of off-street parking spaces required may not be immediately required for a particular use, a banked parking/staged development plan may be permitted.

Buffering shall provide a year-round visual screen in order to minimize adverse impacts on an adjacent property. It may consist of fencing, evergreens, berms, boulders, mounds, or combinations thereof to achieve the stated objectives and as approved by the appropriate board.

Where required, buffers shall be measured from lot lines and street right-of-ways. Compliance shall be determined by the Planning Board or Zoning Board and any approvals required pursuant to this section shall be obtained at the time of site plan and subdivision review.

Buffers shall be maintained in perpetuity in accordance with the site plan approval.

Utilities and streets (generally perpendicular to the buffer) may be permitted to cross any buffer area.

Frontage buffer areas shall be provided for all nonresidential uses. The minimum depth of said buffer shall be 35 feet. Frontage buffers shall be shown on the landscape plan and planted with grasses, deciduous trees, evergreens or constructed of berms, boulders, mounds or combinations and as approved by the Planning Board which will enhance the appearance of the site. In addition to required street trees, frontage buffers shall require a minimum of 10 shrubs for every 30 feet of frontage. If a landscaped berm is provided, the berm shall be at least 2.5 feet higher than the finished elevation of the parking lot and planting requirements may be reduced to five shrubs for every 35 feet of frontage. Frontage buffer plantings may be waived by the Planning Board along internal access roads in nonresidential zones or where existing natural growth is found to be sufficient to meet the objectives of this section. No buildings, structures, accessory structures, parking, driveways, loading areas or storage of materials shall be permitted in the frontage buffer. Driveways, utilities, fences and security structures may be permitted by the Planning Board in accordance with an approved site plan.

Frontage buffers for office, industrial and laboratory uses along Route 22 and Route 202 shall maintain, to the greatest extent possible, any existing wooded areas to a minimum depth of 50 feet. Frontage buffers shall not interfere with any required traffic sight distances as established by the Township Engineering Department and shall not preclude a driver's view of retail stores or signs on a commercial site where such view, as determined by the Planning Board, is either necessary to the legitimate economic functions of the site or where traffic safety factors are involved.

Design of transition buffers. Arrangement of plantings in buffers shall provide maximum protection to adjacent properties and avoid damage to existing plant material. Possible arrangements include planting in parallel, serpentine or broken rows. If planted berms are used, the minimum top width shall be four feet, and the maximum side slope shall be 2:1.

Transition buffer planting specifications. Plant materials shall be sufficiently large and planted in such a fashion that a screen at least six feet in height shall be produced within three growing seasons. All plantings shall be installed according to accepted horticultural standards. The buffers shall be planted with evergreens and deciduous trees as follows, subject to the approval or modification of the Board.

Additional Transition Buffer Requirements for I-1, I-2 and I-3 Industrial Zones. The following standards are in addition to the transition buffer standards set forth in this section and apply to any non-residential use abutting or located across a right-of-way or access easement from a residential zone or use.

When required. Buffering shall be required as indicated below and when topographical or other barriers do not provide reasonable screening and when the Planning Board determines that there is a need to shield the site from adjacent properties to minimize adverse impacts such as incompatible land uses, noise, glaring light and traffic. When building design and siting do not provide privacy, the Planning Board shall require landscaping, fences or walls to ensure privacy and screen dwelling units.

Buffer dimensional requirements. Multi-family uses abutting any residential zone shall contain a transition buffer 20 feet in width. Any nonresidential use abutting any single-family or multi-family residential zone shall comply with the following buffer width requirements:

Provide a continuous landscaped open space buffer of not less than 30 feet in width on any local road. The buffer area shall be used for no purpose other than landscaping or for any required sidewalk and may include a fence or wall not to exceed four feet in height. For lots backing up on major collector roads or higher order roadways, the reverse frontage buffer shall not be less than 50 feet in all zones except the LDRC zone, and not less than 35 feet in the LDRC zone.

The buffer shall be planted with masses and groupings of shade trees, ornamental trees, evergreen trees, shrubs and/or berms in a free form manner to provide contrast and create a more natural effect. No less than 50% of the plants shall be evergreen with a minimum installed height of six feet.

Existing vegetation within the landscape buffer shall be preserved. Supplement with shade tolerant naturalistic massed plantings where necessary to complete screening of residences. Meander any required sidewalks, as necessary, to preserve existing trees.

Street trees shall be planted in accordance with subsection 5-7.5.

No buildings, structures, storage of materials or parking shall be permitted within the buffer area. Buffer areas shall be maintained and kept free of all debris and rubbish. At the discretion of the Planning Board, berms may be required to provide effectual buffers from major collector and higher order roadways, in areas deficient of existing vegetation. Where berms are used in these situations, the following standards shall apply:

Commercial agriculture. Commercial agricultural activities, as defined in the ordinance, shall be permitted in the "A", "LD" and "OL" zones, only in accordance with the following requirements:

Home agriculture. Home agriculture activities, the principal of which is to grow and produce products for home consumption of the property owner or tenant, shall be permitted in all zones in the Township only in accordance with the following regulations:

The floor area of a child care center shall be excluded in calculating the following:

Control the size, location, character and other pertinent features of all exterior signs or signs visible from the exterior;

Promote signage which is compatible with its surroundings, orderly, readable, appropriate, helpful, and nondistracting to motorists;

Discourage and render unlawful signs which contribute to visual pollution and clutter, are in disrepair or of faulty construction, or are in any way inimical to the public safety and welfare.

Permits. A zoning permit shall be required before the erection, re-erection, construction, alteration, or placement or location of any permanent sign permitted by this Article. Applications for development requiring site plan approval shall include all necessary sign information including design, location, dimensions and lighting. All applications shall contain a sketch of the proposed sign, drawn to scale, the wording or message, a plot plan showing the location of the proposed sign, and for freestanding signs, dimensions to the nearest building and lot lines and existing freestanding signs within 100 feet of the proposed sign. As soon as the sign has been erected, the applicant shall notify the Construction Official for a final inspection. A permit shall not be required for the following, provided such items meet all other provisions of this Article:

Removal of signs on vacant premises. The owner of a property shall remove the advertising, message, symbol or other information conveyed by signs within 30 days after the activity, business or use it advertises or calls attention to is no longer conducted in or upon the premises.

Sign area measurement. The area of any sign shall be computed as the product of the largest horizontal width and the largest vertical height of the lettering, illustration (including logos), display or background. This shall not be construed to include the supporting members of any sign which are used solely for such purpose. If the letters, illustration, display or background are painted, printed or attached directly to the face of the building, the height or width of the sign shall be the height or width of the largest letter, illustration, display or background, whichever is the greater. For signs with two display faces, the maximum area requirement shall be permitted on each side. The maximum distance between the faces shall not exceed 18 inches. Signs with more than two display faces are prohibited. A double face sign having an included angle of over 45° is prohibited.

Sign replacement or alteration. If and when any sign is moved, altered or replaced, except for purposes of minor and nonstructural maintenance and/or repairs, the sign shall thereafter conform to all of the requirements of this Chapter.

No sign shall be erected on any lot or building which does not pertain to the use of the lot or building, unless provided for elsewhere in this subsection.

Any signs not specifically permitted are hereby prohibited.

Identification signs and corporation logos shall conform to the standards established in this Chapter.

A sign shall complement the architectural style and scale of the building and shall be designed as an integral architectural element of the site to which it principally relates. As an architectural element, the sign shall reflect the period of architecture and shall be in harmony with a building's character and use. It must not interfere with architectural lines and details. Components of signs (supporting structures, backs, etc.), not bearing a message shall be constructed of materials that blend with the natural environment or shall be painted a neutral color, to blend with the natural environment.

Where a building requires several different signs, a consistent design theme shall be created utilizing similar elements such as material, size, background and lettering color, lettering style, illumination and borders. They shall be similar in design throughout any development requiring more than one sign for all types of signs.

Any sign located along the right-of-way of a State highway shall comply with any more restrictive requirements of the State and Federal government relating thereto. Limitations on signs as set forth in the section shall not apply to any sign or directional device erected by the Federal, State, County or Township government or agency thereof.

No sign shall be placed in such a position as to endanger traffic by obscuring view or by confusing with official street signs or signals because of position, color, shape, or reflective surface.

No sign shall project over a public walkway, except for signs of governmental authority. For those exceptions where a sign is permitted, the lowest edge of such sign shall be at least eight feet above the sidewalk elevation.

Flags other than official U.S., N.J., Somerset County or Branchburg flags shall be considered to be signs and shall comply with applicable regulations. Flagpoles shall not exceed 50 feet in height or be located closer than 35 feet to the right-of-way.

No sign shall be attached to or erected on the roof of any building.

No sign or any part thereof shall be located closer than 10 feet to any lot line.

Parking, traffic control, directional and warning signs on private streets and driveways required by the Township Committee shall be permitted in all zones.

For purposes of legibility, signs visible from the Route 202 and Route 22 rights-of-way shall have a minimum letter height of eight inches.

Any new freestanding sign shall be not less than a distance of 100 feet from any existing freestanding sign.

Only one freestanding sign is permitted for each property except in the case of a corner lot where the distance between signs on separate frontages exceeds 200 feet measured along the right-of-way line.

All signs shall be placed in a location which will allow sufficient reaction time for drivers on the adjacent roads to safely enter and exit the site.

Freestanding signs shall be supported by posts or pylons or enclosures of durable materials which may include concrete, steel, treated wood, other suitable material or combination of same.

Freestanding signs shall consist of materials and colors similar to and compatible with the primary structure.

The components of a freestanding sign relating to a number of businesses shall be arranged in an aesthetically compatible and visually coordinated manner.

All signs attached to a building shall extend a maximum of six inches from the wall on which it is mounted. Signs erected flat against the side of a building shall not extend above the height of a vertical wall or eaves to which they are attached.

Any sign attached flat against the surface of a building shall be constructed of durable material and be attached securely to the building with nonrusting metal hardware.

Facade signs shall not extend more than 15 feet above grade nor closer than 10 feet to ground level below said sign and shall be positioned so as not to interrupt architectural details.

The maximum vertical dimension of any facade sign shall not exceed two feet, unless such sign is on a building fronting on Route 202 or Route 22, in which case neither the horizontal nor vertical dimension of any facade, wall, marquee or canopy sign shall exceed four feet.

There shall not be more than one facade or wall sign as herein regulated to each separate tenant of the premises, except where the tenant's premises fronts on two streets, then one facade or wall sign may be permitted per frontage. Where a building is served with a rear entrance or entrances opening on a parking area and intended to be used by the public as approved by the Planning Board, each tenant with such entrance shall be permitted an additional facade sign over such entrance as regulated for the front of the building.

Multiple facade signs in multi-tenant buildings shall maintain a consistent design theme pursuant to this Article and shall be of a uniform height above grade.

Signs attached to the face of the canopy or awning shall not extend above, below, or to the sides of the face of the canopy.

Signs erected on top of the canopy or awning shall not extend beyond the face or edge of the canopy or awning.

For the purpose of this section, canopy or awning shall mean a covering extending from a building wall, having horizontal or nearly horizontal top and bottom surfaces, located at least eight feet above the sidewalk or the ground below, but not including any extension of the building roof.

All illuminated signs shall be either indirectly lighted or shall be of the diffused lighting type. No sign shall be lit by means of flashing or intermittent illumination, except for intermittent illumination necessary to show time and temperature changes on signs intended for that purpose. Floodlights used for illumination of any sign, whether or not such floodlights are attached to or are separate from a building, shall not project light above the highest elevation of the front wall of the building or more than 18 feet above the ground level, whichever is less. Free form exposed neon lights are specifically prohibited. All illuminated signs shall be properly shielded and so located as to prevent glare or blinding effects upon motor vehicle traffic and so as not to cause a nuisance to residents of the area.

Where illuminated signs are permitted, signs facing a residence or residential zone shall not be illuminated between the hours of 10:00 p.m. and 7:00 a.m. the following morning unless the business or uses advertised are open to the public later than 10:00 p.m., in which event such establishment may keep a sign illuminated until business is closed to the public but not thereafter.

Signs using red, yellow and green lights placed within 100 feet of any traffic control signal now or hereafter erected.

Moving or revolving signs and signs using blinking, flashing, vibrating, flickering, tracer or sequential lighting.

Signs using any material which sparkles or glitters, but nothing herein contained is intended to prohibit the use of reflective paint on signs directing traffic or identifying various locations within a lot or parcel. Signs which emit smoke, visible vapors or particles, sound or odor.

Roof signs.

Signs or advertising matter of an obscene nature.

Signs using words such as "stop", "look", "danger", etc., which are placed in a manner or position which, in the judgment of the Traffic Safety Officer or Police Chief, constitutes a traffic hazard or otherwise interferes with the free flow of traffic.

"Hanging" signs or signs which are perpendicular to and protrude more than 12 inches from a building.

Signs which are affixed to any tree, fence, or any electrical, telephone, or other public utility pole.

Signs which in any way simulate official, direction or warning signs or otherwise cause confusion with those erected or maintained by the State of New Jersey, Somerset County, or Branchburg Township or by any railroad, public utility or agency concerned with the protection of the public health or safety or signs which hide from view any traffic or street sign or signal.

Any sign which may dangerously confuse or distract the attention of the operator of a motor vehicle.

Except where specifically permitted, signs advertising a product or service not sold on the premises, signs advertising or directing attention to another premises and any other signs unrelated to the premises on which the sign is erected.

Signs causing interference with radio or television reception.

Signs obstructing doors, fire escapes or stairways or keeping light or air from windows used for living quarters.

Flags, banners, string of banners, pinwheels, A-type signs, sandwich-type signs, sidewalk signs, curb signs and similar advertising devices.

Signs attached, affixed or painted on trees, rocks, natural features, fences, utility poles, light poles, signs attached to other signs and signs placed upon motor vehicles which are continuously or repeatedly parked in a conspicuous location to serve as a sign. Nothing herein contained is intended to prohibit the placement of signs directing traffic or identifying various locations within a lot or parcel on light poles and utility poles erected therein.

Any series of two or more signs placed along a street or highway carrying an advertising message, part of which is contained on each sign.

No billboard or billboard-type signs shall be erected.

Signs which are portable or fixed on a moveable stand; self-supporting without being firmly imbedded in the ground; supported by other objects; mounted on wheels or moveable vehicle; or made easily moveable in any other manner.

Signs located in a public right-of-way, or approved sight easement (if sign is taller than 30 inches) except those owned and maintained by a duly constituted governmental agency.

Signs located, painted or affixed on a water tower, storage tank, tower or other similar structure.

Public signs of a public noncommercial nature, including safety signs, danger signs, and all signs erected by a public officer or agency in the performance of a public duty.

Nonilluminated memorial signs or tablets, indicating the name of a building or date of erection, not exceeding 2.5 square feet in surface area, which are part of the building construction, or attached wall signs.

One nonilluminated or shielded illuminated name plate, not exceeding 2.5 square feet in surface area, shall be permitted for each single-family residence or home occupation.

Trespassing signs; signs indicating the private nature of a road, driveway, or premises; and signs prohibiting or otherwise controlling the fishing or hunting upon a particular premises, provided that the area of one side of any such sign shall not exceed two square feet.

"For Sale" and "For Rent" signs.

Seasonal farm stand signs. Movable free standing signs directing patrons to seasonal farm stands shall be permitted in all zones provided that each sign complies with all of the following:

Temporary religious and nonprofit signs. Temporary signs advertising fund raising events by religious or nonprofit organizations shall be permitted in all zones provided that each sign complies with all of the following:

Relocation information signs for a period of 30 days. Relocation signs shall be restricted to the present location of the relocating business and the future location of the relocating business. The signs, one each at the present and the future business sites, shall not be in excess of standards set forth for the zone in which the business is located.

Construction signs. One sign announcing the name of architects, engineers and/or contractors, the building enterprise and related information shall be permitted at a site under construction, alteration or repair, provided the sign shall not exceed 24 square feet in area and that the sign shall be removed before a certificate of occupancy is issued.

Permanent and temporary window signs and internal signs visible from the exterior of the building that are in conformance to the standards set forth under facade signs and other applicable requirements for this Article. Temporary window signs and internal signs advertising or describing sales or special merchandise are permitted, provided that he same sign does not remain visible from the exterior of the building for a period of longer than 20 days and that all of the signs individually or collectively do not exceed 15% of all available window space or the wall on which the signs are located.

Notwithstanding any provision of this subsection, a zoning permit may be issued for a period not to exceed two weeks for special signs advertising the opening of a new business or commercial enterprise subject to the following conditions:

"Open House" signs. Freestanding, nonilluminated "Open House" signs advertising the location of residential real estate offered for sale shall be permitted in all zones provided each sign complies with all of the following regulations:

Exempt signs specified in subsection 4-8.9.

Temporary signs as specified in subsection 4-8.10.

ALO Assisted Living Overlay Zone (see also subsection 4-8.4 Freestanding Signs for additional requirements).

Signs in the R/S zones except garages and automobile service stations.

Signs in the I, O and OL zones.

Attached facade signs shall be permitted in the I, O and OL districts not to exceed an aggregate area of 5% of the front building facade of the structure or structures, or 80 square feet, whichever is less.

Sign regulations for garages and automobile service stations. Garages and automobile service stations may display only the following signs:

Signs in the PO Planned Overlay Zone. A comprehensive plan depicting all proposed signs shall be submitted that clearly indicates the location, dimension, area, color and materials of all existing and proposed permanent signs and provides a detail of each proposed sign.

Protect residential areas and land uses from the potential adverse impacts of wireless telecommunications towers and antennas;

Encourage the location of wireless telecommunications towers in nonresidential areas and along major transportation corridors;

Minimize the total number of wireless telecommunications towers throughout the community;

Strongly encourage the joint use of new and existing wireless telecommunications towers instead of construction of additional single-use towers;

Encourage the location of wireless telecommunications towers and antennas in areas where the adverse impact is minimized;

Encourage the location of wireless telecommunications towers and antennas in a way that minimizes their adverse visual impact through careful design, siting, landscaping, screening, and innovative camouflaging;

Enhance the ability of the providers of wireless telecommunications services to provide such services to the community quickly, effectively, and efficiently;

Consider the public health and safety impacts of wireless telecommunications towers; and,

Avoid potential damage to adjacent properties from the failure of wireless telecommunications towers through proper engineering and careful siting of towers.

Notwithstanding anything in the Land Development Ordinance to the contrary, the installation of wireless telecommunications antennas on existing structures, subject to minor site plan approval under Section 6-3 and consistent with the Visual Compatibility Requirements of subsection 4-9.3, shall be a permitted use in all nonresidential zones and a conditional use in all residential zones. When applying for a conditional use, the applicant shall meet the standards of subsection 4-9.4.

Notwithstanding anything in the Land Development Ordinance to the contrary, wireless telecommunications towers consistent with the provisions of subsection 4-9.3 and subsection 4-9.4 shall be a conditional use within all zones.

Notwithstanding anything in the Land Development Ordinance to the contrary, no new wireless telecommunications tower shall be permitted unless the applicant demonstrates by clear and convincing evidence to the Planning Board that no existing tower or structure, or alternative technology that does not require the use of towers or structures, can accommodate the applicant's needs. Proof that the costs of alternative technology exceeds the costs of a new wireless telecommunications tower or wireless telecommunications antenna shall not be presumed to render any alternative technology unsuitable or unavailable.

Wireless telecommunications antennas on existing structures or buildings and wireless telecommunications towers shall be designed, located and screened to blend with and into the existing natural or built surroundings so as to eliminate, to the maximum extent practicable and without regard to cost, adverse visual impacts through the use of color and camouflaging, architectural treatment, landscaping, and other means.

Wireless telecommunications antennas on existing structures or buildings and wireless telecommunications towers shall be placed to ensure that views of, and vistas from, historic districts are not degraded by the appearance of any antenna or tower. The views of architecturally significant structures, identified in the Branchburg Township Historic Preservation Plan Element shall not be impaired or diminished by the placement of wireless telecommunications equipment.

One wireless telecommunications equipment compound consisting of no more than 1,500 square feet may be erected in support of a wireless telecommunications tower, but only if:

An applicant desiring to construct a wireless telecommunications antenna in a residential zone or a tower in any zone shall demonstrate each of the following to the satisfaction of the Planning Board:

New wireless communication antennas and towers shall be located at the lowest numbered priority location available within the applicant's search area according to the Wireless Equipment Location Schedule following this subsection. Without otherwise limiting the nature of the evidence to be provided by the applicant in order to meet its burden on this issue, the applicant shall provide to the Planning Board the block and lot number of any parcel for which the wireless provider has attempted to secure a lease or purchase agreement and copies of all correspondence from and between the wireless provider and the property owner. The failure of the applicant to present evidence of the foregoing shall constitute a rebuttable presumption that the applicant has not exercised its best efforts as required herein.

Minimum lot size: As required by the zone in which located or two acres, whichever is larger.

Minimum setback of wireless telecommunications tower from:

Minimum setback for wireless telecommunications compound from any property line: The zone setback requirements or the tower height, whichever is greater.

Maximum height of wireless telecommunications tower (exclusive of lightning rod) designed to accommodate:

Maximum height of attached antenna: 10 feet beyond the edge of the building or structure to which attached.

All site plan details required by Article V.

A report from a qualified expert certifying that the wireless telecommunications tower and equipment facility comply with the latest structural and wind loading requirements as set forth in the New Jersey Uniform Building Code, as it may be updated or amended, including a description of the number and type of antennas it is designed to accommodate.

A binding, irrevocable commitment by the applicant for itself and its successors in interest to lease excess space on the tower to any other potential user at reasonable rates and conditions. The applicant's counsel shall simultaneously submit a written opinion that the applicant's commitment is enforceable by the Township. The commitment shall be recorded prior to issuance of a building permit.

A copy of the lease or deed for the property.

A plan which shall reference all existing wireless telecommunications facilities in the Township, any such facilities in the abutting towns which provide service to areas within the Township, and any changes known to the applicant to be proposed within the following twelve-month period, including plans for new locations and the discontinuance or relocation of existing facilities.

Every wireless telecommunications tower shall be designed and constructed so as to accommodate the equipment of at least three wireless telecommunications service providers (the applicant's plus two co-locators).

No signs shall be permitted except for a single sign not exceeding two square feet displaying owner contact information and warnings, equipment information, and safety instructions. No R/S-1, R/S-2, OL, I-1, I-2, and O zones advertising shall be permitted on any wireless telecommunications equipment.

No lighting is permitted except as follows:

Wireless telecommunications antennas and towers shall be maintained to assure their continued structural integrity.

Wireless telecommunications towers shall be painted in a color or colors required by Federal or State regulation or as required by the Planning Board.

All towers shall be designed with anti-climbing devices in order to prevent unauthorized access. Additional safety devices shall be permitted or required, as needed for safety.

Every new wireless telecommunications tower shall be of "monopole" design unless the applicant can demonstrate that a different design is necessary for the co-location of additional antennas on the tower. Towers in public view shall employ camouflage technology.

Wireless telecommunications equipment shall be operated so as not to produce noise in excess of the limits set by Federal regulation, State regulation, or Township ordinance.

Every modification to a wireless communications antenna shall be subject to site plan review and approval. A modification is a change in the number, type, size or placement of wireless telecommunications antennas.

Operators of wireless telecommunications facilities shall notify the Township when the use of such antennas and equipment is discontinued. Facilities that are not in use for wireless telecommunications purposes for six months shall be removed by the provider at its cost. This removal shall occur within 90 days of the end of such six-month period. Upon removal, the site shall be cleared, restored, and re-vegetated to blend with the existing surrounding vegetation at the time of abandonment.

An Operator may apply for a Permit by submitting an application, in duplicate, to the Zoning Officer, with a $25 non-refundable application fee. Application forms shall be prepared by and obtained from the Zoning Officer.

The application form shall include:

An Outdoor Dining Area must be adjacent to and directly associated with a permitted restaurant.

The seating contained in the Outdoor Dining Area shall not be counted in determining any parking space requirement for the retail food establishment or restaurant use. The applicant must provide adequate parking accommodations if overflow parking creates a public safety, health or welfare issue. Parking adequacy and safety shall be reviewed during the permit renewal application process.

The Outdoor Dining Area shall be permitted to operate only within the licensed facility and during the hours of 7:00 a.m. to 10:00 p.m. Sunday through Thursday and 7:00 a.m. to 11:00 p.m. Friday and Saturday.

Noise shall be kept at such a level as to comply in all respects with the provisions of applicable ordinances of the Township.

Except for proposed Outdoor Dining Areas that are isolated and not connected to any pedestrian area, no Permit shall be issued unless the Operator shall demonstrate that the proposed Outdoor Dining Area would allow for a minimum of four feet of unobstructed sidewalk surface or delineated paved surface adjacent to the premises will be available for pedestrian traffic around or through the Outdoor Dining Area.

The Outdoor Dining Area shall include physical barriers such as bollards, planters or guiderails where the Area is exposed to traffic. The Outdoor Dining Area shall be enclosed with a fence structure to enclose the eating area and to limit the ability of litter to blow off the premises.

The location of the Outdoor Dining Area shall comply with all yard setback and buffer requirements of the Township Land Development Ordinance.

The Outdoor Dining Area may allow the consumption of alcoholic beverages as follows:

The Zoning Officer shall review the application for completeness and compliance with this section.

When deemed complete, the Zoning Officer shall forward the Application and attachments to the Health Officer, Police Chief, Fire Official and Construction Official for review and comment. The Police Department, Health Department and Fire Inspector shall have five (5) business days to inspect and report whether unlawful or dangerous condition currently exists or will be created by approval of the Application. After review by all parties, the Zoning Officer may approve the Zoning Permit Application as submitted, approve the Zoning Permit Application with amendments, conditions, limitations or restrictions or deny the Zoning Permit Application entirely as deemed necessary to protect and preserve the public health, safety and welfare of the residents. The Zoning Officer shall have the authority to waive any Application requirements as may be deemed necessary or appropriate.

The Zoning Officer shall have the authority to modify or revoke a Zoning Permit issued pursuant to this Ordinance for any violations of the Zoning Permit or for any reason deemed necessary by the Zoning Officer to protect and preserve the public health, safety and welfare of the residents or the peace and quiet of residents residing adjacent to the local food establishment, restaurant or bar.

Any resident or interested party may appeal a decision of the Zoning Officer pertaining to: (1) an approval or denial of an Application made pursuant to this Ordinance; (2) any condition, limitation or restriction placed on a Zoning Permit issued pursuant to this Ordinance; or (3) any decision of the Zoning Officer to modify or revoke a Zoning Permit issued pursuant to this Ordinance. All appeals must be submitted, in writing, to the Zoning Officer and Township Clerk. The appeals will be scheduled for hearing before the Township Committee which may grant or deny relief as deemed appropriate.

Modifications or deviations from an approved Zoning Permit issued in accordance with this Ordinance shall not be made without the express written consent of the Zoning Officer.

Every Permit shall be issued for a calendar year. All Permits shall expire on the year anniversary of the date the permit was issued.

Every permit is personal to the Operator and any change or transfer of ownership of the restaurant shall terminate the Permit and require a new application and a new Permit to be issued.

An Outdoor Dining Area for which the Operator holds a current Permit shall be exempt from site plan approval.

No Permit pursuant to this section shall be granted for an Outdoor Dining Area located in any part on any public property or right-of-way until the Operator has filed with the Zoning Officer a statement agreeing to indemnify and hold harmless the Township of Branchburg, its agents, representatives or employees from any claims, damages, judgment costs or expenses, including attorney fees, which they or any of them may incur or be required to pay because of any personal injury, including death, or property damage suffered by any person or persons as a result of or related in any way to the operation and maintenance of the Outdoor Dining Area for which the Permit was issued. Said indemnification agreement shall be in a form acceptable to the Township Attorney.

In addition, a certificate of insurance shall be submitted by the Operator certifying that: Branchburg Township is an "Additional Named Insured" under Comprehensive General Liability coverage with limits of $1,000,000 per occurrence/$2,000,000 annual aggregate limit; the Operator's insurance is primary and noncontributory; and the Township will be given sixty-day notice in the event of cancellation or non-renewal.

Each Operator shall be responsible for keeping the Outdoor Dining Area and the adjacent area, including walkways and parking areas, free and clear of any litter or debris occasioned by Outdoor Dining.

No vending machines of any kind are permitted on the exterior of any property on which an Outdoor Dining Area is operated.

Every sign relating to an Outdoor Dining Area or associated restaurant shall comply with Section 4-8.

Within 30 minutes after closing an Outdoor Dining Area, the Operator shall have all furniture, apparatus, decoration and appurtenances and any other items used in connection with the operation of the Outdoor Dining Area removed from any adjacent public or private sidewalk. All such items shall be stored in a safe and secure interior location.

[1]No tables, chairs, or other items used in conjunction with an Outdoor Dining Area shall be attached, chained or in any manner affixed to any tree, post, sign, curb or sidewalk or property of the Township.

Any umbrellas or awning used in connection with an Outdoor Dining Area shall provide a minimum clearance of seven feet from the lowest point to grade.