A.

Conformity to Use Requirements. No building shall be erected and no existing building shall be moved, altered, added to or enlarged, nor shall any land or building be designed, used or intended to be used for any purpose or in any manner other than as specified among the uses permitted in the zone in which said land or building is located.

B.

Conformity to Yard, Lot Area and Building Location Regulations. No building shall be erected, no existing buildings shall be altered, enlarged or rebuilt, nor shall any open space surrounding any building be encroached upon or reduced in any manner, except in conformity to the yard, lot area and building location regulations designated for the zone in which such building or open space is located.

C.

Restrictions on Yards. No yard or other open space provided about any building for the purpose of complying with the provisions of this title shall be considered as providing a yard or open space for a building on any other lot.

D.

Prohibited Uses. Any use not designated as a permitted use is specifically prohibited from any zone in the borough.

E.

Number of Principal Buildings or Uses Permitted. Unless otherwise specified in this title, no more than one principal dwelling, building, or use shall be permitted on any lot.

F.

Height Exceptions. Penthouses or roof structures for the housing of stairways, tanks, ventilating fans, air conditioning or similar equipment required for the operation and maintenance of the building, skylights, spires, cupolas, flagpoles, chimneys, or similar structures on nonresidential buildings may be erected above the height limits prescribed by this title, but in no case more than twenty (20) percent more than the maximum height permitted for the use in the district. Chimneys on residential dwellings and steeples on churches shall have no height restrictions, and silos and barns associated with farms as defined in Section 16.04.040 of this title shall not exceed sixty (60) feet in height.

G.

Parking of Commercial Vehicles in Residential Zones. One registered commercial vehicle of a rated capacity not exceeding one ton on four wheels, owned or used by a resident of the premises, shall be permitted to be regularly parked or garaged in any residential district, provided that said vehicle must be parked in a side or rear yard area, at least ten (10) feet from any property line, which area is relatively unexposed to neighboring properties and is screened from neighboring properties by plantings at least five feet in height. For purposes of this title, a commercial vehicle is a bus and/or vehicle containing advertising matter intending to promote the interest of any business, whether or not said vehicle is registered as a "commercial" vehicle with the New Jersey Division of Motor Vehicles; except that this provision shall not be deemed to limit the number of commercial trucks or cars used on a farm, or construction equipment which is temporarily parked on a site during the period of construction.

H.

Parking of Trailers and/or Campers in Residential Zones. Travel trailers, campers, motor homes, horse trailers, boat trailers, ATV and motorcycle trailers may be parked or stored only in a side or rear yard area, at least ten (10) feet from any property line, which area is relatively unexposed to neighboring properties and is screened from neighboring properties by plantings at least five feet in height. The dimensions of such vehicles and trailers shall not be counted in determining building coverage. Such vehicles and trailers shall not be used for temporary or permanent living quarters while situated on the lot.

I.

Public Utility Lines and Related Structures. Public utility lines for the transportation and distribution and control of water, sewage, electricity, gas, oil, steam, cable television and telephone and telegraph communications shall be installed underground except as provided in Section 16.28.080(A) of this title. Related electric transformer boxes and cable television and telephone junction boxes may be located above ground, provided that they extend no higher than three feet above the ground; and where natural foliage is not sufficient to provide year-round screening of such aboveground apparatus, the developer shall provide sufficient live plant screening to border and conceal such apparatus year-round from all sides. Such public utility lines and related structures shall not be required to be located on a lot, nor shall this section be interpreted to prohibit the use of any property in any zone for the above uses.

J.

Home Occupations. Home occupations shall be permitted in residential buildings in all zones in the borough and shall be conducted solely by resident occupants of the residential building except that no more than one person not a resident of the building may be employed; that, except for family day care homes, no more than one-third of the area of one of the habitable floors of the principal building shall be used for such purpose; that no display of products shall be visible from the street; that no more than one sign shall be displayed identifying the home occupation, which sign shall be a wall sign, shall be unlighted, and shall have a maximum area of one square foot; that the occupation shall be conducted entirely within either the principal building or an accessory building, but not both; that no occupational sounds shall be audible outside the building; that machinery or equipment shall not be used which will cause interference with radio and television reception in neighboring residences; that no article shall be offered for sale on the premises; that medical and dental offices, kennels, and automobile and truck repairs and body work shall not be permitted; and that the use shall not reduce the parking and yard requirements of the principal use. The area of the principal building used for the care of children in a family day care home may exceed the limit set forth herein. All outdoor play areas used in conjunction with a family day care home shall be located in the rear yard and, if the lot is a corner lot, enclosed by a fence, wall, hedge or other means to protect the children.

K.

Temporary Uses.

1.

Fairs, carnivals, circuses and bazaars sponsored by local nonprofit organizations shall be permitted as temporary activities only for a period of not more than fifteen (15) days in any calendar year with the permission of the council and subject to the provision of adequate off-street parking and control of traffic, noise, glare, dust and sanitary facilities.

2.

The annual sale of Christmas trees is permitted in the highway business district between Thanksgiving Day and December 25th, inclusive. All trees not sold shall be removed and the premises cleared no later than January 1st.

3.

The provisions of this title shall not be construed to interfere with the temporary use of any property as a voting place in connection with a municipal or other public election.

L.

Lots Fronting on a Cul-De-Sac. Lots fronting on the bulb or turnaround of a cul-de-sac in the R-1, R-2 and R-3 districts shall be exempt from the minimum lot frontage requirement for the district. Such lots shall have a minimum lot frontage of fifty (50) feet, and the widths of such lots measured at the minimum required front setback line shall be equal to the minimum lot frontage requirement for the district. In all other respects, said lots shall conform to the requirements of this title and other applicable ordinances of the borough of Califon.

M.

Agricultural Activities. The following regulations shall apply to all agricultural activities and uses in the borough. Agricultural uses are restricted to farms having a minimum of five acres with the following exceptions:

1.

The growing of crops and private greenhouses are permitted accessory uses to single-family dwellings.

2.

A maximum of two horses may be kept on a residential lot of three acres or more, plus one horse for each additional acre.

3.

The raising of livestock as a student, 4-H or similarly sponsored project is permitted on properties of three acres or more.

4.

Chickens may be kept and maintained on residential lots, provided a zoning permit is first obtained from the zoning officer, and subject to the requirements applicable to chicken coop structures set forth in Section 16.12.030E.3, and subject to the following additional conditions and requirements:

a.

A maximum of six (6) chickens may be kept on a residential lot of up to one (1) acre.

b.

A maximum of ten (10) chickens may be kept on a residential lot of one (1) or more but less than three (3) acres,

c.

A maximum of fifteen (15) chickens may be kept on a residential lot of three (3) or more but less than five (5) acres.

d.

No person shall keep a rooster on any residential lot of less than five (5) acres in the Borough of Califon.

e.

A survey shall be submitted with the zoning application showing the dimensions and construction details of the proposed chicken coop structure and the location thereof on the subject property in conformance with Section 16.12.030 of the land development ordinance.

f.

The zoning officer shall have the right to periodically inspect the premises to ascertain compliance with the terms of this section and other applicable standards. Any violation of these and other applicable standards shall be grounds for the revocation of the zoning permit permitting the keeping and maintenance of chickens.

g.

Chickens shall be kept and maintained at all times in a humane manner and in accordance with good agricultural practices.

N.

Outdoor Storage and Displays. Outdoor storage and displays shall only be permitted in accordance with the following:

1.

The outdoor display of merchandise for sale is permitted in conjunction with a retail business conducted on the premises in a nonresidential zone provided such outdoor display shall not interfere with the safe flow of pedestrian and/or vehicular traffic and further provided that the area of the site which may be devoted to such outdoor display shall not exceed ten (10) percent of the retail floor area within the building or one thousand (1,000) square feet, whichever is less.

2.

Outdoor storage of raw materials or products incidental to any other permitted principal use in a nonresidential zone is permitted in a side or rear yard only, provided said outdoor storage areas are fully screened from view from all streets and adjacent properties by fences, walls, plantings or a combination of all three.

3.

Any area devoted to outdoor storage or outdoor display of merchandise for sale shall be set back at least twenty-five (25) feet from any property line which is also a residential district boundary line and ten (10) feet from any property line abutting a nonresidential use or nonresidentially zoned property.

O.

Outdoor wood-burning furnaces/boilers. Outdoor wood-burning furnaces/boilers shall not be permitted in any zone in the borough.

(Ord. No. 2013-06 , § 4, 9-16-2013; Ord. No. 2010-09, 12-20-2010; Ord. 2002-08, § 1A (part); Ord. 1996-02, §§ 2, 5; Ord. 1993-008, § 301)

A.

General Provisions. No signs shall be placed on or attached to a building or erected independently for any purpose other than to advertise a permitted business or use conducted on the same premises unless specifically permitted herein. No billboards shall be erected or replaced. No signs shall be erected, altered or replaced which are not in accordance with the standards established in this title. The erection of any sign shall require a sign permit issued by the zoning officer unless specifically exempted herein. No sign of any type shall be permitted to obstruct driving vision, traffic signals, traffic directional and identification signs, other places of business, or other signs or windows of the building on which they are located. All signs shall comply with the requirements of Section 16.28.020 (Sight triangles) of this title.

1.

Animated, Flashing and Illusionary Signs. Signs using mechanical or electrical devices to revolve, flash or display movement or the illusion of movement are prohibited.

2.

Moving, Fluttering or Rotating Signs. Streamers, pennants, balloons and balloon-type ornaments and signs with moving or rotating parts are prohibited, except that banner and flag signs meeting the requirements of subsection (A)(20) of this section may be permitted.

3.

Any sign that uses the words "stop" or "danger" or otherwise presents or implies the need or requirement of stopping or caution or the existence of danger or which is likely to be confused with any sign displayed by a public authority is prohibited.

4.

Height. No freestanding sign shall be higher than twelve (12) feet except that if a lesser height is specified for a particular zoning district or type of sign in this title, the lesser height shall apply.

5.

Freestanding Signs. Freestanding signs shall be supported by one or more columns or uprights which are firmly embedded in the ground. Exposed guy wires, chains or other connections shall not be permitted except that the sign itself may hang from its supporting column by flexible links.

6.

Illumination of Signs.

a.

No sign with red, green, blue or amber illumination in a beam, beacon or flashing form resembling a traffic or emergency light shall be erected in any location, and no sign shall be designed so as to be mistaken for a traffic light or similar safety device.

b.

All illuminated signs shall be either indirectly lighted or of the diffused lighting type. Illumination shall be designed to direct light and glare away from adjoining streets and properties. Floodlights used for the illumination of any sign, whether or not such floodlights are attached to or separate from the building, shall not project light above the highest elevation of the illuminated wall of the building.

c.

Neon signs shall be permitted only in windows and shall be subject to the size limitations applicable to window signs in subsection (A)(16) of this section except that neon signs shall not be permitted in the historic district.

d.

Illuminated tubing or strings of lights outlining rooflines, doors, windows or wall edges of any building, excepting temporary holiday season decorations, are prohibited.

7.

Informational and Directional Signs. Street number designations, postal boxes, "private property," "no hunting," on-site directional and parking signs and warning signs are permitted in all zones and are not considered in calculating sign area. No such sign shall exceed one square foot in area, nor shall such signs require a sign permit.

8.

Maintenance of Signs. Signs, banners and flags, and, in the case of permitted freestanding signs, the mounting area on the ground level beneath the sign, must be constructed of durable materials, created and maintained in good and safe condition by the property owner and not allowed to become dilapidated or unsightly. Exemption from the requirement for a sign permit shall not be construed as relieving the owner of a sign from the responsibility for its erection and maintenance in good and safe condition.

9.

Nonprofit Organization Event Signs. Temporary signs advertising a specific event sponsored by a bona fide nonprofit organization shall be set back from all street, driveway and property lines a distance equivalent to one linear foot for each two and one-half square feet of sign area or ten (10) feet, whichever is the greater distance, shall be unlighted, and shall not exceed twenty-four (24) square feet in area and five feet in height. Such signs may be displayed for a period not to exceed two weeks and shall be removed within twenty-four (24) hours after the event. Such signs shall not require a sign permit, but the back of each such sign shall be clearly marked with the name, address and telephone number of the person erecting and empowered to remove the sign.

10.

Political Signs. Temporary signs advertising a political campaign shall be set back from all street, driveway and property lines a distance equivalent to one linear foot for each two and one-half square feet of sign area or ten (10) feet, whichever is the greater distance, shall be unlighted, and shall not exceed sixteen (16) square feet in area and five feet in height. Such signs shall be permitted within thirty (30) days prior to any municipal, county, state or national election and shall be removed within ten (10) days after the election. Such signs shall not require a sign permit, but the back of each such sign shall be clearly marked with the name, address and telephone number of the person erecting and empowered to remove the sign.

11.

Portable Signs. Portable signs shall be permitted in the GB general business and HB highway business zones only, provided there shall be not more than one portable sign per business establishment, no such sign shall have more than ten (10) square feet of sign area, all such signs shall be located outside of the street right-of-way, and all such signs shall be removed at the close of business hours each day. A portable sign shall be any sign which is either fixed on a movable stand or self-supporting without being firmly embedded in the ground.

12.

Real Estate Signs. Real estate signs temporarily advertising the sale, rental or lease of the premises or a portion thereof shall conform to the following requirements:

a.

Existing building: one sign not exceeding four square feet in area shall be permitted.

b.

Vacant land: one sign not exceeding four square feet in area on each side of the property having road frontage shall be permitted.

c.

Approved subdivision at start-up of construction: one sign not exceeding twenty-four (24) square feet in area and eight feet in height shall be permitted during construction of the development, provided said sign shall be set back at least twenty (20) feet from any street or lot line.

d.

Approved site plan at start-up of construction: one sign not exceeding twenty-four (24) square feet in area and eight feet in height shall be permitted during construction of the site, provided said sign shall be set back at least twenty (20) feet from any street or lot line.

e.

The display of "too late" or "under contract" signs shall be prohibited. "Sold" signs may be permitted between the signing of the contract of sale and the date of the legal closing.

f.

All real estate signs shall be unlighted.

g.

Erection of real estate signs in excess of four square feet shall require a sign permit.

h.

Except as otherwise specified, all real estate signs shall be, if not attached to the building, set back from all street lines a distance equivalent to one and one-half linear feet for each one square foot of sign area, provided the required setback shall in no case be less than ten (10) feet.

i.

All real estate signs shall be removed at the expense of the advertiser within fifteen (15) days after the termination or completion of the matter of business being advertised or, in the case of residential subdivisions, within thirty (30) days after eighty (80) percent of the lots have been initially sold or developed with residences. Further, in the case of a subdivision or site plan undergoing construction, the sign shall be removed any time that construction activity has ceased for a period of six consecutive months, or within fifteen (15) days of the completion of construction, whichever occurs first.

13.

Sign Area. The area of any sign shall be measured around the edges of a framed or enclosed sign or by the area utilized by isolated words and/or symbols, including the background, whether open or enclosed, but said area shall not include any supporting framework and bracing incidental to the display itself.

14.

Signs with Two Exposures. Such signs shall be measured for area by using the surface of one side of the sign only, even though both sides may be used.

15.

Wall Fascia or Attached Signs. Wall fascia or attached signs shall be firmly attached to the exterior wall of a building and shall not project more than six inches from the building. No such sign shall extend or project above the highest elevation of the wall to which it is attached, nor shall any sign be attached to the roof of a building. Lettering or numbering attached directly to a wall shall be considered a wall fascia sign.

16.

Window Signs. Interior window signs shall not be considered in computing the allowable signs, provided, however, that such interior signs shall not exceed fifty (50) percent of the total window area, and further provided that such signs shall be used only for the purposes of advertising special sales or products or services sold on the premises and shall not be used for business identification purposes.

17.

The Flag of the United States of America. The flag of the United States of America may be displayed in all zones and does not require a sign permit.

18.

Open House Signs. As used herein, the term "open house signs" shall mean signs noticing a real estate event whereby a residential property in Califon Borough is made available for public inspection without the necessity of an interested person having to make a specific appointment for inspection. Open house signs shall be permitted in the borough in accordance with the following conditions, limitations, and restrictions:

a.

The open house signs shall be permitted only during the actual hours of the open house event.

b.

Each open house sign shall be no more than four square feet in area, unlighted, and located so that the top of the sign is no more than two and one-half feet from ground level, and placed or anchored on the ground in a manner so as to prevent the sign from being removed by any breeze, wind, or other forces.

c.

Open house signs shall only be located on the lot in question and within the right-of-way of a municipal street at the intersection of said street with another street, provided that signs placed within the right-of-way of a street shall be located so that visibility at the intersection is in no way diminished.

d.

More than one open house sign may be permitted for each open house event, provided that such signs are situated only at intersections where a motorist must change direction to find the open house event.

e.

Attachments to open house signs, such as, but not limited to, balloons, pennants or streamers, shall be specifically prohibited.

19.

Seasonal Agricultural Signs. As used herein, the term "seasonal agricultural sign" shall mean a sign noticing the sale of seasonal agricultural produce at a farm, as defined in Section 16.04.040 of this title. Seasonal agricultural signs shall be permitted in the borough in accordance with the following conditions, limitations and restrictions:

a.

Each seasonal agricultural sign shall be no more than four square feet in area, unlighted, and located so that the top half of the sign is no more than four feet aboveground level, and secured or anchored so as to prevent the sign from being removed by any breeze, wind, or other forces.

b.

Seasonal agricultural signs shall be set back from the paved cartway a minimum distance of ten (10) feet.

c.

Seasonal agricultural signs may only be posted during the harvest season for the particular produce raised and sold from the farm. Such signs shall be removed immediately following the conclusion of the harvest season.

d.

No more than one seasonal agricultural sign shall be permitted per farm and said sign shall be located only on the premises from which the product is sold.

20.

Banner and Flag Signs. Banner signs or advertising flags in advertisement of a special sale or event are permitted provided said banners or flags are not displayed for more than sixty (60) days out of any calendar year, are only displayed on the premises where the product(s) are to be sold or the event is to take place, but not on a vehicle, and that the aggregate area of all such signs on the site does not exceed fifty (50) square feet, exclusive of the area of exempt banners permitted under subsection (A)(21)(d) of this section. This provision shall not preclude the erection or use of banners or advertising flags in connection with public or charitable events or holidays of public significance when and where authorized by the governing body.

21.

Exempt Signs. The following signs may be located in any zoning district and shall not require a sign permit:

a.

Memorial tablets or signs, historical plaques, and date of erection when cut into any masonry surface, when constructed of bronze or other noncombustible materials, or when officially presented by a recognized organization;

b.

Traffic or other official federal, state, county or municipal signs, "Welcome to Califon" signs authorized by the governing body, legal notices, railroad crossing signs, danger signs and such temporary emergency or warning signs as may be erected by governmental or public utility agency employees or designated construction contractors in carrying out official projects;

c.

Lettering and numbering on residential mailboxes;

d.

Decorative banners less than twenty-five (25) square feet in area that are suspended from a building. Decorative banners may display generic words such as "open," "books" or "cafe" but shall not advertise any product or event.

22.

Public and Institutional Use Signs. One wall or ground sign not exceeding twelve (12) square feet in area and eight feet in height, in the case of a ground sign, may be located on the premises of places of worship, public libraries, museums, art galleries, buildings used exclusively by federal, state, county and local government for public purposes, public, private and parochial schools, and public recreational and community center buildings and grounds. A sign permit shall be required but no fee shall be charged in connection with the sign permit for such sign. No such sign shall be located closer than ten (10) feet to any street or property line.

B.

Street Signs. Unless otherwise specifically approved as part of a submitted subdivision or site plan application for development, street signs shall be of the type, design and standard previously installed elsewhere in the borough. The location of any and all street signs shall be determined by the borough, but there shall be at least two street signs provided at each intersection. All street signs shall be installed free of visual obstruction and shall be read horizontally and not vertically. The lettering and background for the signs shall be of sufficiently contrasting colors to facilitate readability.

If street signs of a type, design or standard other than those installed elsewhere in the borough are approved as part of a subdivision or site plan application for development, provision must be made by the applicant for maintenance and/or replacement of said signs by an entity other than the borough.

C.

Signs in Residential Districts. In residential districts, only the following signs shall be permitted:

1.

A nameplate sign, situated within the property lines and bearing only the name and address of the principal occupant, provided that the sign shall not exceed seventy-two (72) square inches in total area. No sign permit shall be required.

2.

One wall sign, unlighted, and not exceeding one square foot in area, may identify a home occupation on a lot where such use is permitted and exists. No sign permit shall be required.

3.

Approved multifamily residential developments may display one freestanding identification sign at each street entrance to the development, designating only the name of the development, provided that said sign shall not exceed twenty-four (24) square feet in area and eight feet in height and shall be set back at least fifteen (15) feet from any street or property line.

D.

Signs in Nonresidential Districts. No business or other commercial establishment shall be allowed signs except as permitted herein. Furthermore, any new or replacement signs on nonresidential properties containing more than one use or business establishment shall be subject to site plan review and shall be part of an approved comprehensive signing plan for the property. Permitted signs may be any one or a combination of the following, provided, however, that no individual business shall be permitted to display more than two exterior signs.

1.

Wall Signs. Wall signs are permitted on each wall of a commercial building that faces a street, subject to the following limitations and requirements:

a.

Not more than one wall sign on each such wall shall be permitted for each business establishment or use located within the building and having a public entrance from that wall.

b.

The bottom of said sign shall be at least seven feet above the ground level or sidewalk below the sign if it extends more than three inches from the face of the building wall.

c.

The height of any such sign shall not exceed three feet or twenty (20) percent of the height of the building wall to which it is attached, whichever is the lesser.

d.

The total of the widths of all such signs shall not exceed fifty (50) percent of the width of the building wall to which they are attached.

e.

The total area of all such signs shall not exceed ten (10) percent of the area of the building wall, including window area, to which they are attached up to a maximum of twenty-four (24) square feet in the GB zone and up to a maximum of forty (40) square feet in the HB zone.

f.

Cantilevered signs may be substituted for permitted wall signs, provided that no such sign shall have an area in excess of eight square feet.

2.

Ground or Freestanding Signs. One ground or freestanding sign shall be permitted for each nonresidential lot in the HB zone only, subject to the following limitations and requirements:

a.

No such sign shall have a height in excess of twelve (12) feet above the ground level below the sign.

b.

No such sign shall exceed a width of six feet nor have an area of more than twenty-four (24) square feet.

c.

Said sign shall be located at least ten (10) feet from any street or property line.

d.

Said sign shall be at least fifty (50) feet from the point of intersection of any two street right-of-way lines and shall comply with all requirements of Section 16.28.020 (Sight triangles) of this title.

3.

Signs for Motor Vehicle Service Stations. Notwithstanding any of the foregoing provisions for signs in nonresidential districts, motor vehicle service stations may display any or all of the following signs and only the following signs:

a.

One ground or freestanding sign advertising the name of the station and the principal products sold on the premises, including any special company or brand name, insignia or emblem, provided that each such sign shall not exceed twenty-four (24) square feet in area and shall be erected not less than five feet from any street or property line; the top of the sign shall be not more than twelve (12) feet above the ground.

b.

Directional signs or lettering displayed on the building wall over individual entrance door or bays, consisting only of the words "washing," "lubrication," "repair," "mechanic on duty" or other words closely similar in import, provided that there shall be not more than one such sign over each entrance or bay, the letters thereof shall not exceed twelve (12) inches in height and that such lettering shall be limited to a single line.

c.

Customary lettering or other insignia which are a structural part of a gasoline pump, consisting only of the brand name of gasoline sold, lead warning signs, price indicators and signs required by law and not exceeding a total of three square feet on each pump.

d.

Canopy lettering, if a canopy exists, identifying the company or brand name or the insignia or emblem of the company or brand sold on the premises provided that such lettering shall be permitted on two sides of the canopy only and shall not exceed a total area of twelve (12) square feet per side.

e.

One building wall sign not to exceed twelve (12) square feet in area identifying either the company or brand name or the insignia or emblem of the company or brand sold on the premises.

E.

Administration.

1.

Application. Applications for sign permits shall be made to the zoning officer by the owner of the premises and the person responsible for the erection of the sign, and both shall be responsible for compliance with the terms as herein set forth. Application shall be made on forms available from the zoning officer and shall be accompanied by a fee in the amount of thirty-five dollars ($35.00).

2.

Issuance of Sign Permit. It shall be the duty of the zoning officer to examine the application, plot plan or site plan and other data regarding the sign which is proposed to be erected, and if the proposed sign is in compliance with all of the requirements of this title and all other laws and ordinances of the borough of Califon, the zoning officer shall then issue the sign permit. The sign permit shall be issued or denied within forty-five (45) days of the date of application.

3.

Duration of Sign Permit. If the work authorized under a sign permit has not been completed within four months after the date of issuance, the permit shall become null and void.

4.

Unsafe Signs. Unsafe signs shall be subject to the provisions of N.J.A.C. 5:23-2.32 (Unsafe Structures), and other applicable laws.

5.

Obsolete Signs. Any sign now or hereafter existing which no longer advertises a bona fide business conducted on the premises, a product sold on the premises or a use lawfully existing on the premises shall be taken down and removed by the permittee, owner, agent or person having the beneficial use of the building or structure or land to which such sign is attached within ten (10) days after written notification from the zoning officer, and upon failure to comply with such notice within the time specified in such order, the zoning officer is authorized to cause removal of the sign, and any expense incidental thereto shall be paid by the permittee or owner of the building or structure or land to which the sign is attached.

6.

Responsibility for Damages. Any person or organization posting a sign in the borough of Califon shall be responsible for any damage to person(s) or property caused by its placement or movement. Permitted temporary signs shall be removed by the party erecting them prior to the expiration of the time period for display. Exemptions from the requirement for a sign permit does not imply exemption from the sign regulations of this title.

(Ord. 1996-02 §§ 3, 8—10; Ord. 1993-008 § 302)

A.

Accessory Buildings as Part of Principal Buildings. Any accessory building having a common wall, roof or foundation with the principal building shall be considered part of the principal building and the total structure shall adhere to the yard requirements for the principal building.

B.

Accessory Buildings and Structures Not to be Constructed Prior to Principal Building. No construction permit shall be issued for the construction of an accessory building or structure, other than construction trailers, storage sheds or farm accessory buildings prior to the issuance of a construction permit for the construction of the main building upon the same premises. If construction of the main building does not precede or coincide with the construction of the accessory building or structure, the construction official shall revoke the construction permit for the accessory building or structure until the construction of the main building has proceeded substantially toward completion.

C.

Distance Between Adjacent Buildings. The minimum distance between an accessory building and any other building(s) on the same lot shall be at least fifteen (15) feet unless a greater distance is specified elsewhere in this title.

D.

Height of Accessory Buildings and Structures. The height of accessory buildings shall not exceed fifteen (15) feet except that this limitation shall not apply to farm structures (see Section 16.12.010(F)).

E.

Location. An accessory building or structure may not be erected closer to the street right-of-way than the front wall of the principal building and shall be set back from side and rear lot lines the distances specified in Section 16.08.030 (Schedule of area, yard and building requirements) of this title except for the following:

1.

In the R-1, R-2 and R-3 zones, a storage shed measuring one hundred twenty (120) square feet or less in size, whether permanently affixed to the ground or not, may be located within the side and rear yard setbacks for the principal building provided it is set back a minimum of five feet from any side or rear lot line;

2.

If erected on a corner lot, the accessory building or structure shall be set back from the side street the same distance as required for the principal building; and

3.

No poultry or livestock shelter (excepting dog runs or other shelters for household pets or chicken shelters as provided herein) shall be erected, used or located closer than one hundred (100) feet to any property line.

a.

Chickens, as permitted under Subsection 16.12.010M.4. shall be kept in a roofed shelter or COOP which shall provide a minimum of two (2) square feet per adult bird, and shall also include a chicken run that provides a minimum of four (4) square feet per adult bird.

b.

Chicken coops and runs shall be located in the rear yard of the property and within the required building envelope for the principal building. Moreover, the entirety of any chicken coop and run shall be placed closer to the dwelling on the lot in question than to the dwelling(s) on any adjoining lot(s). In no case shall any chicken coop or run be located within twenty-five (25) feet of any dwelling on an adjoining lot.

c.

All chickens shall be kept in the chicken shelter or coop or attached fenced run at all times.

d.

The fence surrounding the chicken run shall be securely constructed with a wire or mesh type of material and shall have protective overhead netting sufficient to keep the chickens separated from other animals.

e.

The fenced chicken run shall be well drained so that there is no accumulation of moisture. The floors and walls of the chicken shelter or coop shall be kept in a clean and sanitary condition, with all droppings collected at least weekly. Droppings shall be kept in a covered metal container until composted, applied as fertilizer or transported off-premises.

f.

All chicken feed shall be kept in a secure covered metal container.

F.

Percentage of Rear Yard and Total Lot Area to be Occupied. The following table presents, for certain zones, the maximum percentage of the rear yard area of the lot and the total area in square feet which may be occupied by accessory structures, regardless of whether said accessory structures are located in the rear or side yards of the lot:

G.

Number of Accessory Buildings. Not more than two accessory buildings shall be located on any lot other than a lot containing a farm. A detached garage associated with a dwelling shall not be counted within this limitation on the number of accessory buildings permitted.

(Ord. No. 2010-09, 12-20-2010; Ord. 2001-05, § 1; Ord. 1998-06, § 2 (part); Ord. 1993-008, § 303)

A.

No fence or wall hereafter erected, altered or reconstructed in any residential zone or on any lot containing a residential building in any other zone shall exceed four feet in height when located in a front yard and six feet in height when located in a side or rear yard.

B.

No fence or wall hereafter erected or reconstructed in any business zone shall exceed a height of six feet. The foregoing shall not apply to a retaining wall erected as part of an approved site plan.

C.

An open wire fence may be erected to a height greater than six feet but not to exceed eight feet within a public park, public playground, a public school property or around a commercial recreational use, where such fence is for the purpose of containing an implement or missile necessary for the conduct of recreational activities, or in a commercial zone, around an outdoor storage area conforming to all requirements of this title, where such fence is required for security purposes.

D.

Nothing herein shall be construed to restrict the erection of suitable windbreaks for the winter protection of trees, shrubs, and other vegetation or for the erection of protective fences around permitted public utility uses in excess of the height limitations specified herein.

E.

Every fence and wall shall be maintained in safe, sound and upright condition and shall be subject to the inspection of the zoning officer.

F.

All fences and walls must be erected with the finished side facing outward from the property and must be erected within property lines. No fence or wall shall be erected which will encroach upon a public right-of-way or any sight triangle easement established pursuant to Section 16.28.020 of this title.

G.

At the intersection of two or more streets and/or a street and a driveway, no hedge, barrier, wall or embankment higher than twelve (12) inches above the centerline of the street shall be permitted within the triangular area formed by the intersecting street right-of-way and/or driveway cartway lines and a straight line connecting points located on said street right-of-way or driveway cartway lines twenty-five (25) feet distant from the intersection thereof. Trees located within this triangular area shall be trimmed of branches to a height of six feet aboveground level.

(Ord. 1993-008 § 304)

A.

A building, structure or use lawfully in existence as of the effective date of the ordinance codified in this title, which shall be made nonconforming by the passage of the ordinance codified in this title or an amendment thereto may be continued, except as otherwise provided in this section.

B.

No nonconforming building, structure, building or structure devoted to a nonconforming use shall be enlarged, extended, constructed, reconstructed, substituted, relocated, erected, converted to another use or structurally altered except in conformity with the regulations of this title for the zone in which such building or structure is located.

C.

A lot on which a nonconforming building, structure or use is located shall not be reduced in size, nor shall any lot already nonconforming be made more nonconforming in any manner.

D.

A nonconforming use of a building, structure or land shall be considered terminated if such use is abandoned for a continuous period of two years. Therefore, the use of such building, structure or land shall be in conformity with this title.

E.

Any nonconforming building or structure which has been partially destroyed or damaged may be repaired or rebuilt provided said nonconforming building or structure does not exceed the height, floor area and/or volume of the original building or structure and further provided that the reconstruction work shall be commenced within one year from the date of original building or structure was damaged and carried out without interruption. Any such building or structure which has been destroyed by more than seventy-five (75) percent or has been declared structurally unsafe shall be rebuilt in accordance with the requirements of this title. Any such building or structure on which reconstruction is commenced after one year from the date of damage shall be rebuilt in accordance with the requirements of this title.

F.

Repairs and maintenance work required to keep the building or structure in sound condition may be made to a nonconforming building, structure or a building or structure containing a nonconforming use, provided that said repairs and maintenance work do not extend the floor area or volume of space occupied by a nonconforming use.

G.

A building containing a nonconforming residential use may be altered in any way to improve interior livability but no structural alterations shall be made which would increase the number of dwelling units.

H.

Any nonconforming building, structure, use or lot may change ownership and continue to function as the same nonconforming building, structure, use or lot, provided all of the other provisions of this title are met.

I.

Whenever the owner of a lot existing at the time of adoption of the ordinance codified in this title has dedicated or conveyed land to the Borough in order to meet the minimum street width requirements of this title, and the area or depth of the lot has been rendered substandard only by virtue of such dedication or conveyance, and the owner has no other adjacent lands with which to satisfy the lot area or lot depth requirements of the zone in which the lot is located, the construction official shall issue construction permits and certificates of occupancy for said lot as if these requirements were met and no variance shall be required for the substandard lot area and/or lot depth, as applicable.

J.

Any existing lot in a residential zone which contains a residential building, which lot does not meet the minimum lot area or dimensional requirements for the zone in which it is located or which building violates one or more yard requirements, may be permitted additions or alterations to the principal or accessory building or construction of a new accessory building without the requirement to see variance relief provided: that the use of the lot conforms fully to the requirements of this title; that the maximum building and impervious surface coverage limits for the zone in which the lot is located are not exceeded; and that no additional violation(s) or extension or enlargement of any existing violation(s) are proposed, such as, but not limited to, yards, building height and parking.

(Ord. 1993-008 § 305; Ord. No. 2018-08 , § 1, 12-3-2018)

A.

Measurement of Parking Space. A parking space shall be as defined in Section 16.04.040 of this title and shall be not less than twenty (20) feet deep whether measured at a ninety (90) degree angle to the curb or edge of pavement or at less than a ninety (90) degree angle.

B.

Required Number of Parking Spaces.

1.

The development plan shall show the total number of off-street parking spaces required for the use or combination of uses proposed. Since a specific use may generate a parking demand different from those enumerated herein, documentation and testimony may be presented to the board as to the anticipated parking demand. Based upon such documentation and testimony, the board may:

a.

Allow construction of a lesser number of spaces, provided that adequate provision is made on the site plan for the construction of the required number of spaces in the future; or

b.

In the case of nonresidential uses, require the construction of spaces in excess of those required hereinbelow, to ensure that the actual parking demand will be accommodated off-street.

2.

Residential Uses.

a.

In the R-1, R-2, and R-3 residential zones, two parking spaces shall be provided for each dwelling unit, one of which may be a driveway space and both of which may be garage spaces.

b.

In all other zones, two parking spaces shall be provided for each dwelling unit.

3.

Nonresidential Uses.

4.

Any building containing more than one use shall meet the combined parking space requirements for all uses in the building.

5.

No change in use within a building shall be permitted unless it can be shown that sufficient parking is available for the new use.

6.

All parking spaces shall be located on the same lot as the use for which the parking is required and shall not thereafter be encroached upon or reduced in any manner. Parking areas shall be designed and constructed in accordance with the specifications and standards of Section 16.28.060 of this title and with the requirements of C.5:23-7.1 et seq. (the Barrier-Free Subcode).

C.

Required Number of Loading Spaces.

1.

Each nonresidential use shall provide for off-street loading and unloading with adequate ingress and egress from streets and with adequate space for maneuvering and shall provide such area at the side or rear of the building. Each loading space shall be at least fifteen (15) feet by forty (40) feet, and a minimum of one space shall be provided for each building. Additional spaces may be necessary and may be required by the board dependent upon the specific activity. There shall be no loading or unloading from the street.

2.

There shall be at least one facility for storage and removal of garbage and recyclable materials provided for each nonresidential building which facility shall either be within the building or be located outside the building and separated from the parking spaces. If outdoors, such storage facility shall consist of steel-like, totally enclosed containers situated so as to be obscured from view from parking areas, streets and adjacent residential uses or zoning districts by fences, walls, plantings or a combination of all three. If located within the building, the access doorway may serve both the loading and garbage/recycling functions. If located outside the building, the facility may be located adjacent to or within the general loading area(s), provided it in no way interferes with or restricts loading and unloading functions.

3.

Loading areas shall be designed and constructed in accordance with the specifications and standards of Section 16.28.060 of this title.

(Ord. 2002-08 § 1A (part); Ord. 1993-008 § 306)

A.

Buffer areas are required along property and street lines of all nonresidential uses where said property lines or the centerlines of the streets are also zoning district boundary lines. Minimum required buffer area widths shall be as follows:

1.

Nonresidential uses or developments: fifty (50) feet.

B.

For uses permitted as conditional uses in the R-1, R-2 and R-3 residential zones, buffering shall be required as specified in Section 16.12.090.

C.

All buffer areas shall comply with the following standards:

1.

The buffer area shall be measured from each district boundary line or from the nearest street right-of-way line in each case where the street centerline serves as a zoning district boundary line. In the case of a conditional use permitted in the R-1, R-2 or R-3 residential zone, the buffer area shall be measured from each property line or street right-of-way line.

2.

Buffer areas shall be maintained as approved and kept clean of all debris, rubbish, weeds and tall grass.

3.

No structure, activity, storage of materials or parking of vehicles shall be permitted in the buffer area except that the buffer area may be pierced perpendicularly by one or more access drives from a public street and by one unlighted directional sign for each direction of traffic on each access drive and by permitted signs.

4.

Except as provided in subsection (D)(6) of this section, each required buffer area shall include a landscaped screen consisting of massed evergreen and deciduous trees and shrubs of such species and size as to provide a complete visual screen of at least four feet in height in the front yard and six feet in height in all other yards and of such density as to obscure throughout the full course of the year all of the glare of automobile headlights emitted from the premises.

5.

The preservation of natural wooded areas, rock outcroppings or topographic features as well as historically interesting man-made features such as stone walls or stone rows shall be an integral part of all site plans regardless of their proximity to required buffer areas, and the board may waive the screening requirement where such features are sufficient to achieve the objectives of this section.

D.

The landscaped screen shall comply with the following requirements:

1.

Massed evergreens used in screen planting shall be at least four feet in height when planted and produce a complete year-round visual screen.

2.

The screen planting shall be maintained permanently and any plant material which does not live shall be replaced within one year.

3.

The screen planting shall be so placed that at maturity it will be no closer than three feet to any street right-of-way or property line.

4.

A clear sight triangle as required by Section 16.28.020 of this title shall be maintained at all street intersections and at all points where private access drives intersect public streets.

5.

The screen planting shall be broken only at points of vehicular and pedestrian ingress and egress.

6.

Screening need not be provided within the buffer area along a street provided that both of the following conditions are met:

a.

The front of the building faces the street and no parking is located between the front of the building and the street.

b.

No outdoor activity of any kind or outdoor storage of materials will be visible from the street or from properties across the street.

(Ord. 2002-08 § 1A (part); Ord. 1993-008 § 307)

All development applications and/or applications for construction permits for nonresidential uses shall provide documentation that the intended use will comply with the performance standards enumerated below. In the case of a structure being built where the future use is not known, a construction permit may be issued upon the condition that no certificate of occupancy shall be issued until such time as this documentation is submitted with respect to the particular occupant. These provisions shall not apply to any sewage treatment plant which has received approval by the NJDEPE.

A.

Electrical and/or Electronic Devices. All electric or electronic devices shall be subject to the provisions of Public Law 90-602, 90th Congress, HR 10790, dated October 18, 1968, entitled "An Act for the Protection of Public Health and Safety from the Dangers of Electronic Product Radiation." Radiation products, as defined in DHEW Publication No. (FDA) 75-8003, shall be limited and controlled so that no measurable energy can be recorded at any point beyond the property boundaries. The applicant, upon request, shall produce certified data wherein measurements made in accordance with the procedures and standards set forth in the DHEW Publication No. (FDA) 75-8003 adequately demonstrate compliance with the minimum standards established by the Act. All other forms of electromagnetic radiation lying between one hundred (100) KHz and ten (10) GHz shall be restricted to the technical limits established in the Federal Communication Commission's Rules and Regulations. Additionally, electric or electronic equipment shall be shielded so that there is no interference with any radio or television reception at the lot line (or beyond the operator's dwelling unit in the case of multifamily dwellings) as the result of the operation of such equipment.

B.

Glare. No use shall produce strong light or reflection of a strong light or glare beyond its lot lines. Exterior lighting shall be shielded, buffered and directed so that glare, direct light or reflection will not become a nuisance to adjoining properties, adjoining zoning districts, or streets. Unless required by law, no lighting shall be rotating, pulsating or of other intermittent frequency. Sodium lighting is specifically prohibited in all zoning districts in the borough of Califon.

C.

Heat. No use shall produce heat perceptible beyond its lot lines. Further, no use or process shall be permitted which could cause the temperature to rise or fall in any body of water or watercourse.

D.

Noise. Noise levels shall not exceed the standards of the New Jersey Noise Control Act of 1971, as amended and supplemented, and all applicable regulations of the NJDEPE.

E.

Odor. Odors due to any nonagricultural and nonresidential uses shall not be discernible at the lot line or beyond.

F.

Storage and Waste Disposal and Recycling. No materials or waste shall be deposited on a lot in any form or manner such that they may be transferred off the lot by natural causes or forces or may contaminate any body of water or watercourse or underground aquifer or otherwise render such body of water or watercourse or underground aquifer undesirable as a source of water supply or recreation, or may destroy aquatic life. Provision shall be made for all materials or wastes which might cause fumes or dust or which constitute a fire or explosion hazard or which may be edible or otherwise attractive to rodents and insects to be stored indoors in appropriate containers to eliminate such hazards.

With respect to solid waste, each property owner shall:

1.

Assume full responsibility for adequate and regular collection and removal of all refuse and recyclable materials, except to the extent such services are provided by the borough in which case the property owner shall assume full responsibility for compliance with all regulations governing the provision of those services.

2.

Comply with all applicable ordinances of the borough of Califon and regulations of the NJDEPE concerning the recycling of solid waste materials and the disposal of refuse.

3.

Permit no accumulation on the property of any solid waste, junk or refuse or recyclable materials.

4.

Comply with all provisions of the State Sanitary Code, Chapter VIII, Refuse Disposal, Public Health Council of the New Jersey Department of Health; the New Jersey Statewide Mandatory Source Separation and Recycling Act, as amended and supplemented; and N.J.S.A. 40:55D-28b(12).

G.

Ventilation. No use shall obstruct the natural ventilation of adjacent uses nor contaminate the air with excessive heat or odor. Further, no air conditioners or exhaust fans shall be permitted to discharge exhausted air unless they comply with the minimum building setback requirements of this title and are equipped with baffles to deflect the discharged air away from adjacent properties.

H.

Vibration. There shall be no vibration which is discernible to the human sense of feeling beyond the immediate lot (or dwelling unit in the case of multifamily dwellings).

I.

Dust. Dust due to nonagricultural operations shall not be permitted to escape beyond the immediate lot (or dwelling unit in the case of multifamily dwellings).

J.

Radiation. No use shall produce levels of radiation in excess of the levels established by the Radiation Protection Act, L.1958, c.116 (N.J.S.A. 26:2D-1 et seq.) and standards promulgated pursuant thereto by the NJDEPE.

K.

Air, Water and Environmental Pollution. No use shall emit any pollutant into the ground, water or air that exceeds the most stringent applicable federal, state or local statute, regulation or ordinance.

L.

Nuisance. No use shall produce any nuisance, source of injury or sickness, foul or noxious waters, gases or vapors which may be hazardous or injurious to the public health, safety and welfare.

M.

Purpose. The standards noted above are established for the general purpose of preventing uses which may or may tend to endanger life or property or create hazards from fire, explosion or radiation or produce objectionable smoke, heat, glare, vibration or noise, whether or not such hazards will or will not be confined to the property which is the subject of a development application.

(Ord. 1993-008 § 308)

Before a construction permit or certificate of occupancy shall be issued for any conditional use permitted by this title, application shall be made to the board. The review by the board of a conditional use shall include any required site plan review pursuant to this title. Public notice and a hearing shall be required as stipulated in this title.

Specific conditions applicable to permitted conditional uses are as follows:

A.

Public Utility Uses.

1.

For purposes of this title, the term "public utility uses" shall include such uses as telephone dial equipment centers, power substations and other utilities serving the public, such as sewage treatment plants and water supply and treatment facilities, but shall exclude dumps and sanitary landfills.

2.

The proposed installation in a specified location must be reasonably necessary for the satisfactory provision of service by the utility to the neighborhood or area in which the particular use is located.

3.

The design of any building in connection with such facilities must not adversely affect the safe and comfortable enjoyment of property in the surrounding area.

4.

Adequate fences and other safety devices shall be provided if required by the board. Fences, when used to enclose public utility facilities such as electrical power substations, shall be built in accordance with the applicable requirements of the New Jersey Board of Public Utility Commissioners and the National Electrical Code in effect at the time of construction.

5.

Landscaping, including shrubs, trees and lawns, shall be provided so as to fully screen any such installation from public view and shall be maintained.

6.

Off-street parking shall be provided as necessary and as determined by the board during site plan review.

B.

Gasoline Service Stations.

1.

The minimum lot area required for a gasoline service station shall be one acre and the minimum frontage shall be two hundred (200) feet.

2.

Gasoline filling pumps and an air pump may be placed within the required front yard but shall be no closer than thirty-five (35) feet to any existing or required street right-of-way line. A canopy may be provided over the gasoline filling pumps provided said canopy shall be no closer than twenty (20) feet to any existing or required street right-of-way line.

3.

No automotive repairs of any kind shall be permitted to occur in connection with a gasoline service station except for the operation of an air pump.

4.

No vehicles shall be stored on the premises for any purpose unless the gasoline service station is open and the operator of the vehicle is on the premises.

5.

Landscaping shall be provided in the front yard area equal to at least twenty (20) percent of the front yard area and such landscaping shall be reasonably distributed throughout the entire front yard area.

6.

The exterior display and parking of motor vehicles, trailers, boats or other similar equipment for sale shall not be permitted as part of a gasoline service station.

7.

Parking and loading areas for an accessory snack shop or convenience store shall conform to the requirements of Section 16.28.060 of the ordinance and shall be separated from the driveway and areas used for access to and circulation around the gasoline pumps and air pumps and the underground storage tanks. No designated parking space shall obstruct access to such facilities. No parking shall be permitted on unpaved areas of the site.

8.

All of the other area, yard, and general requirements for the zone and other applicable requirements of this title shall be met.

C.

Reserved.

D.

Child Care Centers.

1.

Where a child care center is provided on the same lot as one or more other nonresidential uses in a nonresidential zone, it shall be treated as an accessory use, regardless of whether the child care center is located in part of the principal building or in an accessory building. The accessory child care center use shall be permitted as-of-right under such circumstances, and conditional use approval shall not be required. Furthermore, the area occupied by the accessory child care center use shall not be included in the computation of the gross floor area for the purpose of determining both the applicable floor area ratio and the number of parking spaces required per square foot of building floor area. However, sufficient parking shall be provided to accommodate the employees of the child care center, and a drop-off area shall be provided which shall be sufficient to accommodate the temporary parking of vehicles while children are being picked up and delivered.

2.

Where a child care center is provided as the sole and principal use of any lot, the following requirements shall apply:

a.

All child care centers shall be located on the first floor of a building and may be extended to the second floor of a building; basements and cellars may only be used for ancillary storage of equipment and materials.

b.

A minimum of one hundred (100) square feet of outdoor play area shall be provided per each child over the age of two cared for at the center. Such outdoor space shall be located immediately adjacent to an entrance to the building and shall be adequately fenced, walled or hedged for protection from the hazards of roads and driveways.

c.

The hours of operation shall be limited to those between six a.m. and seven-thirty p.m.

d.

Child care centers shall provide one parking space per employee, plus one additional parking space for every eight children. Adequate space shall be provided for the loading and unloading of children on-site and not in the public right-of-way.

e.

Locations of access driveways, landscaping, signage and the general site plan design shall be compatible with the neighborhood in which the center is to be located, and the child care center shall be appropriately situated in relation to the uses or area it is intended to serve.

f.

Where a child care center is provided as the principal use of a property, the following area and yard requirements shall apply:

Principal Building Minimum

(1) Unless a larger minimum lot area is generally applicable for the zone in which the property lies, in which case the larger minimum lot area shall apply.

(2) Unless a greater minimum dimension is generally applicable for the zone in which the property lies, in which case the greater minimum dimension shall apply.

Accessory Building Minimum

Maximum Floor Area Ratio

Maximum Impervious Coverage

g.

Screening shall be provided along lot lines common with residential uses or zoning districts, in accordance with Section 16.12.070.

h.

The applicant shall demonstrate to the satisfaction of the board that adequate water supply and sewage treatment facilities, as approved by the borough board of health, will be available to accommodate the use.

i.

Signs in residential districts shall comply with the requirements for home occupations. Signs in nonresidential districts shall comply with the applicable requirements for the zone.

j.

Child care centers shall comply with all applicable state standards and licensing requirements.

k.

All other applicable requirements of this title shall apply.

E.

Public and Private Schools.

1.

The minimum lot area required for a public or private school shall be five acres and the minimum lot frontage shall be four hundred (400) feet.

2.

The lot shall have frontage on and direct access to a county road.

3.

Conditional use approval shall not be granted for a public or private school unless the borough board of health has approved the adequacy of the water supply and sewage treatment facilities which will serve the use.

4.

The maximum permitted floor area ratio shall be .10.

5.

The maximum permitted impervious surface (lot) coverage shall be twenty-five (25) percent.

6.

No building shall be located within seventy-five (75) feet of a street right-of-way line nor within fifty (50) feet of a side or rear property line.

7.

No active recreation area or parking area shall be located within twenty-five (25) feet of a property line nor within the front yard.

8.

All recreation and parking areas shall be screened from view from all property lines by landscaping in accordance with Section 16.12.070.

9.

All exterior lighting, except that required for security purposes shall be turned off between eleven p.m. and six a.m., Monday through Saturday and between six p.m. and eight a.m. on Sunday.

F.

Churches.

1.

The minimum lot area required for a church shall be five acres and the minimum lot frontage shall be four hundred (400) feet.

2.

The lot shall have frontage on and direct access to a county road.

3.

Conditional use approval shall not be granted for a church unless the borough board of health has approved the adequacy of the water supply and sewage treatment facilities which will serve the use.

4.

The maximum permitted floor area ratio shall be .15.

5.

The maximum permitted impervious surface (lot) coverage shall be forty (40) percent.

6.

No church building shall be located within seventy-five (75) feet of a street right-of-way line nor within twenty-five (25) feet of a side or rear property line.

7.

No parking shall be located within twenty-five (25) feet of any property line nor within the front yard.

8.

Parking areas shall be screened from view from all property lines by landscaping in accordance with Section 16.12.070.

9.

Accessory buildings and a clergyman's residence, if provided, shall be located within the required setback lines for the principal building and, if not connected, shall be located a minimum distance from one another of thirty (30) feet.

G.

Museums, Art Galleries, Libraries.

1.

The minimum lot area required for a museum, art gallery or library shall be one acre and the minimum lot frontage shall be two hundred (200) feet.

2.

The lot shall have frontage on and direct access to a county road.

3.

Conditional use approval shall not be granted for a museum, art gallery or library unless the borough board of health has approved the adequacy of the water supply and sewage treatment facilities which will serve the use.

4.

The maximum permitted floor area ratio shall be .15.

5.

The maximum permitted impervious surface (lot) coverage shall be forty (40) percent.

6.

No building shall be located within fifty (50) feet of a street right-of-way line nor within twenty-five (25) feet of a side or rear property line.

7.

No parking shall be located within twenty-five (25) feet of any property line nor within the front yard.

8.

Parking areas shall be screened from view from all property lines by landscaping in accordance with Section 16.12.070.

9.

The applicant shall offer documentation and/or testimony at the public hearing as to the anticipated parking demand associated with the proposed use, so that the board may make a determination as to the appropriate number of parking spaces to be provided on the site, or else parking shall be provided at the rate required for unspecified uses in Section 16.12.060.

H.

Automobile Dealerships.

1.

The minimum lot area required for an automobile dealership shall be five acres and the minimum lot frontage shall be four hundred (400) feet.

2.

Conditional use approval shall not be granted for an automobile dealership unless the borough board of health has approved the adequacy of the water supply and sewage treatment facilities which will serve the use.

3.

No more than twenty-five (25) percent of the building floor area and no more than twenty-five (25) percent of the impervious surface coverage of the lot shall be devoted to the aggregate of permitted accessory uses.

4.

A building shall be erected in conjunction with the use, which building shall contain not less than ten thousand (10,000) square feet of gross floor area.

5.

The area devoted to the outside display of new and used vehicles, machinery or equipment shall not exceed the area of the building or twenty-five (25) percent of the total lot area, whichever is greater. All such display areas shall be paved.

6.

No parking or display area shall be located closer to a street right-of-way line or to a side or rear property line than twenty-five (25) feet. All parking areas and all vehicle display and vehicle storage areas shall be screened from view from side and rear property lines in accordance with Section 16.12.070.

7.

A buffer shall be provided along any lot line which is also a residential district boundary line. The buffer shall be a minimum of fifty (50) feet in width and shall contain screening as required in Section 16.12.070.

8.

Service bay doors shall open toward the side lot lines of the lot only and not toward a residential zone.

9.

No motor vehicle awaiting repair shall be permitted to remain on the premises for longer than fourteen (14) days. No more than twenty (20) vehicles awaiting repair shall be permitted to remain overnight on the premises at any one time. No junked motor vehicle(s) or equipment or part(s) thereof shall be permitted on the premises.

10.

Landscaping shall be provided in the front yard area equal to at least fifty (50) percent of the front yard area and such landscaping shall be reasonably distributed throughout the entire front yard area.

11.

Parking spaces for customer vehicles and for employees shall be separated from the display and service parking areas. No parking shall be permitted on unpaved areas.

12.

All of the other area, yard, and general requirements for the zone and other applicable requirements of this title shall be met.

I.

Driftway Subdivisions. Notwithstanding the improvement requirements set forth in Section 16.28.100 of this title, the board may grant a subdivision on a driftway, lane or private right-of-way subject to the following conditions:

1.

Evidence, by deed or other acceptable documentation, indicating that the driftway, lane or private right-of-way existed prior to the adoption of the ordinance codified in this title, shall be submitted to the board.

2.

Said driftway, lane or private right-of-way shall connect to an existing public street or road.

3.

The width of any driftway, lane or private right-of-way shall be at least fifty (50) feet.

4.

Each lot to be subdivided shall have an area of not less than three acres measured within seven hundred fifty (750) feet of the centerline of the driftway, lane or private right-of-way and said minimum area shall be exclusive of the area within twenty-five (25) feet of the centerline of said driftway, lane or private right-of-way.

5.

Any such lot to be subdivided shall be located no further than two thousand (2,000) feet from an existing public street or road as measured along the centerline of the driftway, lane or private right-of-way.

6.

The travelled way of any driftway, lane or private right-of-way shall have a width of at least sixteen (16) feet and a grade not exceeding twelve (12) percent for its entire length between the public street or road and the lot or lots to be subdivided.

7.

Said travelled way shall be suitably improved to safely accommodate prospective traffic and to provide access for firefighting equipment and other emergency vehicles. The board shall determine what improvements, if any, such as grading, drainage facilities, road surfacing, etc., shall be installed or constructed.

8.

The deed of conveyance of a subdivided lot fronting on a driftway, lane or private right-of-way shall incorporate the right of ingress to and egress from the subdivided lot over such driftway, lane or private right-of-way. The deed of conveyance of a subdivided lot fronting on a driftway, lane or private right-of-way shall incorporate the existing rights to use such driftway, lane or private right-of-way for the purpose of ingress to and egress from the lot, and for the installation and maintenance of all necessary utilities.

9.

Approval of a minor subdivision on a driftway, lane or private right-of-way shall not in any way obligate or require the borough to pave, replace, maintain, improve, or acquire such driftway, lane or private right-of-way or to provide snow removal or weed control services, and this requirement must be incorporated in the deed.

10.

The subdivider and adjoining owner or owners, if any, along said driftway, lane, or private right-of-way shall assume full responsibility for the maintenance of said driftway, lane or private right-of-way with said maintenance agreement being incorporated into the deed of conveyance to the subdivided land.

11.

Said driftway, lane or private right-of-way may be taken over by the borough only after meeting all road specifications of the borough and these requirements shall be incorporated into the individual deeds, and so stated on plat.

12.

A subdivision on a driftway, lane or private right-of-way may be classified as a minor subdivision provided that no improvements are required by the board. If improvements are required, said subdivision shall be classified as a major subdivision.

13.

No more than two building lots shall be created on any driftway, lane or private right-of-way.

J.

New Wireless Telecommunications Towers.

1.

An applicant to construct a new wireless telecommunications tower shall present documentary evidence regarding the need to locate cellular antennas within the borough of Califon. This information shall identify the cellular network layout and coverage areas to demonstrate the need for such equipment within the borough of Califon.

2.

An applicant proposing to erect a new wireless telecommunications tower shall provide documentary evidence that a legitimate attempt has been made to locate the antennas on existing buildings or structures. Such evidence shall include a radio frequency engineering analysis of the potential suitability of existing buildings or structures in the search area for such antennas. Efforts to secure such locations proving to have an acceptable radio frequency shall be documented through correspondence between the wireless telecommunications provider and the property owner(s) of the existing buildings or structures. The borough reserves the right to engage a professional radio frequency engineer to review such documentation. The fee for the professional radio frequency engineer retained by the borough shall be paid out of the applicant's escrow funds.

3.

Applicants proposing to construct new wireless telecommunications towers shall document the locations of all existing telecommunications towers within Califon Borough and surrounding municipalities with coverage in the borough as well as the closest such facilities in all directions and shall provide competent testimony by a radio frequency engineer regarding the suitability of potential co-locations in light of the design of the wireless telecommunications network. Where a suitable co-location on an existing tower is found to exist, but an applicant is unable to secure an agreement to co-locate its equipment on such tower, the applicant shall provide written evidence of correspondence with the owner of such tower verifying that suitable space is not available on the existing tower and giving the reasons therefor.

4.

When an applicant to construct a new wireless telecommunications tower demonstrates to the satisfaction of the board that suitable locations on existing buildings or structures either do not exist or are not available, the applicant may erect a new telecommunications tower according to the following requirements:

5.

Antenna Modifications, Tower Certification and Abandonment.

a.

Operators of wireless telecommunications towers shall provide to Califon Borough an annual report from a licensed professional engineer certifying the structural integrity of the tower, together with all antennas mounted thereon, and that such facilities meet applicable minimum safety requirements and applicable federal and state radio-frequency emission standards. Such report shall also be provided whenever antenna arrays are modified, and shall include a detailed listing of all antennas and equipment so certified. Vendors shall also be required to notify Califon Borough when the use of antennas and/or equipment is discontinued.

b.

Wireless telecommunications towers which have not been in use for wireless telecommunications purposes for six months shall be removed by the property owner. This removal shall occur within ninety (90) days of the end of such six-month period. Upon removal, the site shall be cleaned, restored, and revegetated to blend with the existing surrounding vegetation. The facility owner or property owner shall post a bond or cash deposit at time of site plan approval to cover the costs of tower removal and site restoration. The amount of the bond or cash deposit shall include anticipated cost escalations. Any and all additional, or unanticipated costs of the tower removal, including the full cost in the event the bond has expired, shall be the responsibility of the property owner. The property owner's signature consenting to the application shall indicate acceptance of such responsibility under this subsection.

6.

Co-Location Required. Authorization for the construction of any new wireless telecommunications tower shall be conditioned on agreement by the tower owner that other wireless telecommunications service providers will be permitted to co-locate antennas on the proposed tower and to co-locate equipment buildings within the equipment compound, within the limits of structural and radio frequency engineering requirements and at rates which reflect the fair market value for such services. As part of any application for new tower approval, the applicant shall document the extent to which additional antennas could be mounted on the tower and the types of antennas which could be accommodated as well as the ability to accommodate the equipment building(s) for such antennas within the equipment compound.

7.

Visual Compatibility. The applicant shall comply with all of the visual compatibility requirements for the installation of wireless telecommunications antennas set forth at Section 16.12.110, and the color selection of the tower shall be selected to blend as well as possible with the tower's environs, subject to the board's approval.

8.

Access. The equipment compound shall have access to a public street by means of a driveway constructed in accordance with the borough's driveway ordinance.

9.

Lighting. Security lighting shall be shielded downward and inward toward the equipment compound to prevent direct light or glare from encroaching onto neighboring properties and streets. Said lighting must be activated by motion sensors and/or remote control to preclude continuous lighting of the premises.

10.

Soundproofing. All equipment, including emergency generators, shall be located within a soundproofed structure, such that there will be no impact on existing sound levels measured at the property lines.

K.

Reserved.

L.

Auto Repair Facilities.

1.

The minimum lot area required for an auto repair facility shall be one and one- half (1.5) acres and the minimum lot frontage shall be one hundred (100) feet.

2.

No auto repair facility shall have its entrance or exit within fifty (50) feet of the boundary of a residential zone (unless the boundary is in the street).

3.

All appliances, pits, storage areas, trash storage facilities and waste oil containers shall be within a building. No automotive repair work of any type shall be carried on out of doors. There shall be no openings in the side or rear walls or roof of any building in which repairs are being undertaken within ten (10) feet of any side or rear lot line.

4.

Outdoor storage of vehicles awaiting repair shall occur only in a rear yard or in a side yard. All such storage areas shall be fully screened from view from off-site by fencing and landscaping.

5.

No unregistered motor vehicle(s) or part(s) thereof shall be permitted on the premises. No more than six (6) motor vehicles shall be parked overnight outside of a building, and no vehicle shall be permitted to remain on the premises for longer than fourteen (14) days. Vehicles shall only be permitted to remain on the premises overnight if their owners are awaiting their repair.

6.

No equipment having a horsepower rating of more than ten (10) shall be used on the premises.

7.

No part of any building in which auto repairs are undertaken shall be used for residential or sleeping purposes.

8.

No commercial vehicle having a gross vehicle weight rating (GVWR) of more than six (6.0) tons and no other vehicle having a GVWR of more than twelve (12.0) tons shall be repaired on the premises.

9.

No body repair or painting of vehicles shall be permitted.

10.

The minimum required setback of all buildings and storage areas from a residential zone boundary shall be ten (10) feet, which setback area shall contain fencing and landscaping so as to fully screen the premises from the abutting residential zone and shall be shown on the site plan and restricted to use as a buffer area.

11.

The exterior display and parking of motor vehicles, trailers, boats or other similar equipment for sale shall not be permitted as part of an auto repair facility.

12.

Landscaping shall be provided in the front yard area equal to at least twenty (20) percent of the front yard area, and shall be reasonably distributed throughout the front yard area,

13.

All of the other area, yard, and general requirements for the zone and other applicable requirements of this title shall be met.

(Ord. No. 2016-06 , §§ I—III 12-5-2016; Ord. 2002-08 § 1E; Ord. 1997-05 § 3; Ord. 1993-008 § 309)

A.

Each lot shall have a minimum contiguous usable land area equal to the minimum lot area required in the R-2, R-3, GB and HB districts and equal to one and one-half acres in the R-1 district.

The term "usable land area" shall mean an area of land which contains no wetlands, floodways or flood hazard areas, surface water bodies, slopes over fifteen (15) percent, depth to seasonal high water table of less than four feet, or depth to bedrock of less than ten (10) feet.

B.

In addition, the following requirements for development shall apply equally to all zone districts:

1.

In areas with slopes of fifteen (15) percent to twenty-five (25) percent, no more than fifteen (15) percent of such areas shall be developed and/or regraded or stripped of vegetation, and a drainage plan shall be submitted indicating that the development, regrading or stripping of vegetation in such areas will not increase runoff from the site over predevelopment conditions.

2.

In areas with slopes of twenty-five (25) percent or more, no development, regrading or stripping of vegetation shall be permitted.

3.

A steep slope analysis showing slope classes zero to 14.99 percent, fifteen (15) to twenty-five (25) percent and greater than twenty-five (25) percent shall be delineated on the subdivision plat. In a major subdivision, the slope classifications shall be calculated utilizing a two-foot contour interval. When the lots being created are classified as a minor subdivision, the slope class information can be calculated utilizing the best available topographic information. When the adequacy of any interpolated topographic information is in doubt, the board reserves the right to request additional on-site topographic information which may include, but is not limited to: an on-site topographic survey utilizing a five-foot contour interval; the use of spot elevations to document critical areas and any other topographic information as deemed appropriate by the board's engineer.

C.

Notwithstanding the above, any existing lot of record at the time of the passage of the ordinance codified in this title shall be exempt from the above provisions, unless and until an application for subdivision of that lot is made. The following shall apply to existing lots of record for which construction of any required improvements is proposed on slopes of greater than fifteen (15) percent, regardless of the nature of the improvement or use to be made of the lot:

1.

A lot grading plan which indicates the proposed driveway plan and profile and other site grading information relating to the proposed improvement(s) shall be submitted for review and approval by the board's engineer. Such plan shall also provide for the proper protection and stabilization of all disturbed areas consistent with the design techniques established by the soil erosion and sediment control standards adopted and amended by the New Jersey State Soil Conservation Committee.

2.

The board's engineer shall verify that the proposed driveway design is capable of providing access for emergency vehicles and equipment under all weather conditions.

(Ord. 1993-008 § 310)

Wireless telecommunications antennas may be erected on existing buildings or structures, and an equipment compound may be constructed in support of such antennas, consistent with the following requirements:

A.

Antenna arrays shall, wherever possible, be mounted on existing buildings or structures but shall not extend beyond the overall height of any such building or structure by more than twenty (20) feet.

B.

An equipment compound consisting of up to four thousand (4,000) square feet in area may be erected in support of such antenna arrays provided:

1.

The equipment compound shall be surrounded by a chain link fence at least six feet and no more than eight feet high as approved by the borough engineer; which fence shall include a locking security gate;

2.

The equipment compound shall be situated behind existing structures, buildings or terrain features which will shield the compound from public view; or

3.

When a location out of public view is not possible, a landscaped buffer of thirty (30) feet in width shall be provided around the outside of the compound to completely shield the facility from public view. Landscaping shall include evergreen trees at least ten (10) feet high at the time of planting and planted in staggered double rows fifteen (15) feet on center, or equivalent, and a continuous hedge at least thirty (30) inches high at time of planting and capable of growing to at least thirty-six (36) inches in height within eighteen (18) months.

C.

Antennas installed according to these provisions shall be suitably finished and/or painted so as to minimize their visual impact on the landscape. Depending on the placement of the equipment, color shall be selected to be consistent with the color scheme of the building or structure on which the antennas are mounted, in order to blend with the surroundings. When this is not possible, color selection shall be designed subject to the board's approval to minimize the visual impact of the antenna arrays.

(Ord. 1997-05 § 4)

A.

For any development or activity qualifying as major highlands development for which a highlands preservation area approval (HPAA) is required, the maximum permitted impervious surface coverage, regardless of the proposed use, shall be three percent of the lot area. In the case of a subdivision approved after August 10, 2004, such percentage shall be calculated based on the entirety of the original tract as it existed on August 10, 2004, and shall include all existing impervious surfaces on the entire original tract as well as all proposed additional impervious surfaces. The calculation of the land area of a lot shall exclude all lands defined as Highlands Open Waters at N.J.A.C. 7:38-1.4.

B.

Transfers of permitted but unused impervious surface coverage between noncontiguous lots within the same HUC-14 drainage area shall be permitted to occur subject to the provisions of N.J.A.C. 7:38-3.5(a)2.

C.

Where impervious surfaces in existence on a lot on August 10, 2004, exceeds three percent of the area of the lot as calculated in subsection A of this section, all lawfully existing impervious surfaces may remain, but no additional impervious surfaces shall be permitted.

D.

The foregoing requirements shall not apply to the following uses, developments or activities, which shall instead be governed by the impervious surface coverage limits for the applicable zone as set forth in this land development ordinance of the borough of Califon:

1.

Any lot owned by an individual as of August 10, 2004, or any lot for which an individual has, on or before May 17, 2004, entered into a binding contract of sale to purchase that lot for the development of a single-family dwelling for the individual's own use or for use by an immediate family member;

2.

Any lot in existence as of August 10, 2004, for which construction of a single-family dwelling is proposed that will not result in the ultimate disturbance of more than one acre or a cumulative increase in impervious surface by one-quarter acre or more;

3.

A major highlands development that qualifies under N.J.A.C. 7:38-2.3(a)3 for exemption from the Highlands Act;

4.

Reconstruction for any reason of any building or structure within one hundred twenty-five (125) percent of the footprint of the lawfully existing impervious surfaces on the site on August 10, 2004, provided that the reconstruction or development does not increase the lawfully existing impervious surfaces on the site on August 10, 2004, by one quarter acre or more;

5.

Any improvement to a lawfully existing single-family dwelling in existence on August 10, 2004, including, but not limited to, an addition, garage, shed, driveway, porch, deck, patio, swimming pool or septic system, as long as the improvement maintains the use as a single-family dwelling as defined by the land development ordinance of the borough of Califon and does not permit use of the structure as a multiple-unit dwelling;

6.

Any improvement, including, but not limited to, a building or structure, addition to a building or structure, site improvement or septic system, to an existing place of worship owned by a nonprofit entity, society or association or association organized primarily for religious purposes or to an existing public or private school, provided that such use was in existence as of August 10, 2004; and

7.

Any construction of a one hundred (100) percent affordable housing development as defined by the New Jersey Council on Affordable Housing pursuant to N.J.A.C. 5:93-5.5 and 5:94-4.6 for which a waiver has been obtained from the NJDEPE pursuant to N.J.A.C. 7:38-6.4.

(Ord. 2007-02 § 2)

Small wind energy systems, facilities and structures shall be permitted as an additional accessory use to all permitted residential and non-residential uses in the borough. Such installations shall comply with all applicable state and federal laws and regulations and shall also comply with the following standards:

A.

All applications for small wind energy systems shall require minor site plan approval. The application for minor site plan approval shall include, in addition to other required site plan checklist items, the following additional information:

1.

The locations of any overhead utility wires and/or easements on the property; and

2.

Proposed small wind energy system specifications, including manufacturer and model, rotor diameter, system height, tower height and tower type (freestanding or guyed).

B.

The setback of the small wind energy system from any lot line shall be sufficient that if the tower should fall, the entire system will collapse entirely within the lot on which it is located.

C.

Guywires shall be protected from ground level up to eight feet with yellow markings as per UCC.

D.

All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access. The wind tower shall be designed and installed so that the first eight feet above the ground has no step bolts, no ladder, and no other means for climbing the tower.

E.

A small wind energy system shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration.

F.

All wind energy systems must be maintained to the manufacturer's specifications to ensure strict integrity through the duration of its usage (refer to Subsection J. for abandonment requirements).

G.

There shall be no signs posted on a small wind energy system or on any associated building or equipment that will be visible from any public road except for the manufacturer's or installer's identification, appropriate warning signs, and owner identification. This provision is not intended to preclude permitted signage associated with another permitted use on the same site in compliance with the provisions of this section.

H.

There shall be provided a means of disconnecting electrical service from the small wind energy system to the dwelling or business located on the lot, which means of disconnection shall be located out of doors, between the small wind energy system and the building, and shall be accessible to emergency personnel.

I.

For wind speeds in the range of zero mph to twenty-five (25) mph, the noise level generated by any small wind energy system, measured at the nearest property line, shall not exceed fifty-five (55) dB(A) at night nor sixty-five (65) dB(A) during the day, per applicable noise regulations.

J.

Abandonment. A small wind energy system that has been out of service for a continuous twelve-month period shall be deemed to have been abandoned and shall be completely removed from the premises within three months of such abandonment; areas of the site from which the small wind energy system has been removed shall be restored to a pre-installation state. The landowner of the lot occupied by the small wind energy system shall be responsible for such removal.

1.

The zoning officer shall, if necessary, issue a notice of abandonment to the landowner of the lot on which the small wind energy system is located stating that the system has been deemed to have been abandoned. The notice shall be sent return receipt requested.

2.

The landowner shall have the right to respond to the notice of abandonment within thirty days of receipt.

3.

If the landowner provides information to the zoning officer within the requisite thirty-day response period that demonstrates that the small wind energy system has not been abandoned, the zoning officer shall withdraw the notice of abandonment and notify the owner that the notice has been withdrawn.

4.

If the zoning officer determines that the small wind energy system has been abandoned, the landowner of the lot on which the small wind energy system is located shall remove the wind generator and the wind tower and all other equipment associated with the small wind energy system at the landowner's sole expense within three months after receipt of the notice of abandonment, and the area of the site that contained such equipment shall be restored to a pre-installation state.

5.

If the landowner fails to remove the small wind energy equipment in the time allowed under paragraph 4. above, the municipality may pursue legal action to have such equipment removed at the landowner's expense.

(Ord. No. 2013-06 , § 2, 9-16-2013)

Solar energy facilities shall be permitted as an additional accessory use to all permitted residential and non-residential uses in the borough.

A.

Site plan approval shall not be required for solar energy facilities that are accessory to a residential use, provided all requirements of this section are met. A zoning permit shall be obtained and compliance with all requirements of the Uniform Construction Code shall also be required.

B.

Solar energy facilities shall be permitted to be mounted on the roofs of buildings.

C.

Ground mounted solar energy facilities shall only be permitted in the rear yard provided they comply with all required setbacks for an accessory structure in the zone. The maximum height of a ground mounted solar energy facility shall be sixteen (16) feet.

D.

All ground areas occupied by a solar energy facility that are not utilized for access to operate and maintain the installation shall be planted and maintained with shade tolerant grasses for the purpose of soil erosion control and soil stabilization. Impervious surface calculations shall not include the vegetated areas underneath the equipment, except in cases where solar panels are installed in an area already calculated as impervious (prior to installation).

E.

In order to provide notice to emergency services personnel, buildings with solar energy facilities shall have posted on the electrical meter panel a permanent reflective sign indicating that an alternative power supply is located on the property. The sign and its location shall be inspected and approved by the Construction Code Official.

F.

The sound level for the solar energy inverters shall not exceed fifty (50) dBA at the nearest property line, and shall be placed within a structure, wherever possible.

G.

All solar energy systems must be maintained to the manufacturer's specifications to ensure strict integrity through the duration of its usage (refer to Subsection H. for abandonment requirements).

H.

Abandonment. A solar energy system that has been out of service for a continuous twelve-month period shall be deemed to have been abandoned and shall be completely removed from the premises within three months of such abandonment; areas of the site from which the solar energy system has been removed shall be restored to a pre-installation state. The landowner of the lot occupied by the solar energy system shall be responsible for such removal.

1.

The zoning officer shall, if necessary, issue a notice of abandonment to the landowner of the lot on which the solar energy system is located stating that the system has been deemed to have been abandoned. The notice shall be sent return receipt requested.

2.

The landowner shall have the right to respond to the notice of abandonment within thirty (30) days of receipt.

3.

If the landowner provides information to the zoning officer within the requisite thirty-day response period that demonstrates that the solar energy system has not been abandoned, the zoning officer shall withdraw the notice of abandonment and notify the landowner that the notice has been withdrawn.

4.

If the zoning officer determines that the solar energy system has been abandoned, the landowner of the lot on which the solar energy system is located shall remove the solar panels and all other equipment associated with the solar energy system at the landowner's sole expense within three months after receipt of the notice of abandonment, and the area of the site that contained such equipment shall be restored to a pre-installation state.

5.

If the landowner fails to remove the solar energy equipment in the time allowed under paragraph 4. above, the municipality may pursue legal action to have such equipment removed at the landowner's expense.

(Ord. No. 2013-06 , § 3, 9-16-2013)