Deerfield City Zoning Code
ARTICLE XII
Specific Use Standards and Regulations.
§ 120-118 Agricultural open space cluster.
Within the A Agricultural Zoning District tracts of land 40 acres or greater in size either at the time of the adoption of this chapter or that are assembled after the adoption of this chapter and tracts of land 30 acres or greater in size either at the time of the adoption of this chapter or that assembled after the adoption of this chapter and located adjacent to land which has either been deed restricted for farmland or open space preservation or is currently being farmed and qualifies under the Farmland Assessment Act[1] may elect to shall develop as one-and-one-half-acre lot open-space clusters. Tracts of land 30 acres or greater in size but less than 40 acres, either at the time of the adoption of this chapter or that are assembled after the adoption of this chapter, and not located adjacent to land which has either been deed restricted for farmland or open space preservation or is currently being farmed and qualifies under the Farmland Assessment Act may elect to develop as one-and-one-half-acre lot open-space clusters. Agricultural open space clusters shall meet the following conditions:
A.
Land area equal to a minimum of 50% of the total tract of land proposed for development shall not be included in lots, but shall be set aside and deed restricted for farmland preservation, conservation, or open space and recreation. To meet this requirement, not less than 20% of required 50% shall be located on site. A developer may use the transfer of the development rights of lands off site from the development for the following specific type of lands or a combination thereof which achieves the remainder of the total required 50% set-aside. Up to 35% of the required set-aside noted hereinabove may be met by the developer by purchasing the development rights of farmland or up to half of the required amount, 25%, by purchasing the development rights for environmentally sensitive lands at any location within the Township, provided that such land is shown on the adopted Township Master Plan as being proposed for preservation or conservation as farmland or environmentally sensitive lands. Regardless of how the set-aside is met as provided hereinabove, all other provisions of this section shall be met. In the case of agricultural preservation lands, development rights shall be deeded to the Township of Deerfield. In the case of said development rights for conservation purposes, said lands shall be maintained and protected for the stated purpose by specific binding agreements between the applicant and the Township of Deerfield. It is the intention of this provision to require that the transfer of developments for both on site and off site regardless of the purpose for which the land is intended to be used shall be done by deed instrument to permanently record the said transfer and shall further specifically provide that said transfer was done to meet the requirements set forth in this section to permit the planned development to occur.
B.
Land utilized for street rights-of-way, driveways, parking areas, courtyards, utility stations, and loading areas shall not be included as part of the above-referenced 50%. If an agricultural buffer is required to be established as per § 120-71G, said buffer area may be included in the minimum set-aside of 50% required herein. No portion of the land to be set aside for farmland preservation and not considered to environmentally sensitive shall be of a size, shape, and width to make it feasible for its continued use for general farming.
C.
Whenever an agricultural cluster option is required or chosen then land to be dedicated for either farmland preservation or for conservation due to environmental sensitivity shall be located within the proposed development to maximize its utility or suitability for its intended purpose. Land to be set aside for farmland preservation should be located adjacent to other farmland and sensitive lands, to the extent practical, adjacent to other environmentally sensitive lands as shown on the adopted Township Master Plan. The Land Use Board shall review the design of the development to assure that this requirement is met to the greatest extent possible with the aim of attempting to form meaningful and useful clusters of specific types of land preservation. Open space or recreational lands required shall comply with the provisions of § 120-119E.
D.
The location of proposed lots, streets, utilities and active recreational areas shall likewise as provided in Subsection C above, also be adjacent to other similar developed areas to the greatest extent possible thereby maximizing the clustering of development in the area. Proposed development layout or design shall be found to meet this requirement as a condition of attaining approval.
F.
At least 15% of the total open space saved shall used for one or more of the active recreational purposes including, but not limited to, swimming pool and cabana club, tennis, badminton, volleyball and basketball courts, playing fields, other active recreational areas and/or facilities, and private landscaped areas under the supervision of a homeowners' association.
[1]
Editor's Note: See N.J.S.A. 54:4-23.1 et seq.
§ 120-119 Cluster developments.
Cluster developments are permitted in residential zoning districts as set forth in the Schedule of District Regulations in accordance with the following regulations:
A.
Land area equal to a minimum of 20% of the total tract of land proposed for development shall not be included in lots, but shall be set aside for conservation, open space, recreation and park areas or other public purposes. Land utilized for street rights-of-way, driveways, parking areas, courtyards, utility stations, buffer strips and loading areas shall not be included as part of the above-referenced 20%.
B.
Not more than 50% of the total open spaced saved as per Subsection A above shall be located in one or more of the following: a floodplain, areas with a slope greater than 10%, watercourses or bodies of water, wildlife habitats or other areas deemed unsuitable for development and recreational purposes due to environmental reasons as made evident by the review of the environmental impact statement, where required.
C.
At least 50% of the total open space saved shall be used for one or more of the following active recreational purposes: golf courses with accompanying club houses and facilities, swimming pools and cabana clubs, tennis, badminton, volleyball and basketball courts, playing fields, riding clubs, limited membership outdoor recreational areas, or private landscaped areas under the supervision of a homeowners' association as provided for in this section.
D.
The remaining portion of open spaces saved shall be permanently devoted to one or more of the following open land uses: parks or playgrounds, woodland conservation areas, game preserves, wildlife refuge, pedestrian walkways, bicycle paths and bridle trails, stream preservation, and watershed protection or flood control areas. An application for a cluster development shall clearly identify all open space areas and its proposed land uses. Within the R-2 Residential Zoning District, said permanently saved open space may be met either on or off site by purchasing the development rights to lands proposed for conservation on the adopted Township Master Plan. Said purchased development rights shall be provided to and held by the Township of Deerfield, and said development rights shall include provisions allowing the Township to maintain and conserve said lands for the stated conservation purposes.
E.
Provisions made within any cluster development for open space and recreational areas shall be reviewed, found adequate and approved by the Land Use Board. In its review, the Land Use Board shall investigate the size of parcels devoted to open space and recreational areas, their location within the project, the topography, the uses contemplated upon such open space and recreational area, configurations of the parcels under consideration, facilities and improvements to be provided, the provisions made for maintenance and access to said parcels or facilities, traffic flows to and around said parcels, the ecological impacts of their placement, development and use, the staging or timing of the open space or recreational area development, and how various categories or recreational facilities or open space and their location will be proportionally related to the staging of the development of housing units, if such staging is proposed. The Land Use Board shall make detailed findings concerning the adequacy or inadequacy of the aforesaid items to be reviewed in determining their conformity with the provisions of this chapter, the adopted Township Master Plan, and any other plans or regulations applicable or relevant to the lands involved. The provisions made shall be deemed adequate if the Land Use Board determines that:
(1)
Portions of the open space and recreational areas are readily accessible to all residential dwelling units.
(2)
The uses being designated for open space and recreational areas are reasonably related to and appropriate and sufficient to meet the needs of the project's residents for a variety of uses appealing to all socio-economic levels and age groups.
(3)
The uses designated for open space and recreational areas will be functional upon the arrival of the residents who will use them.
(4)
The topography and environmental character of the land is suitable for the uses proposed, and the uses will not cause unreasonable adverse impacts to the ecology of the area incapable of being mitigated.
(5)
The open space and recreational areas are conveniently and appropriately designed with regard to the project's pedestrian and vehicular traffic patterns, to provide adequate access to, in, around and from the uses proposed.
F.
While nothing herein contained shall be deemed to require that, as a condition of development approval, a developer must make available lands for public use which are proposed for open space and recreational areas, the Township may, at any time and from time to time, accept the dedication of said land(s) or any interest therein for public use and maintenance where a free and uncoerced offer is made by the developer or owners of said land(s). That said offer is free and uncoerced shall be established on the record of any public meeting wherein said offer is made. Lands offered to the Township shall meet the following requirements:
(1)
Lands offered for recreational purposes shall be improved by the developer, including equipment, walkways, roadways, driveways and landscaping, in order to qualify the lands for acceptance by the Township.
(2)
Any land offered to the Township shall be optimally related to the overall plan and design of the development and improved to best suit the purpose(s) for which it is intended.
(3)
The lands offered to the Township shall be subject to review by the Land Use Board, which it its review and evaluation of the suitability of such land, shall be guided by the adopted Master Plan of the Township, by the ability to assemble and relate such lands to an overall plan for the community's recreational and open space needs, and by the accessibility and potential utilization of such lands by the public. The Land Use Board may request an opinion of other public agencies or individuals as to the advisability of the Township's accepting any lands to be so offered. In making this evaluation, particular consideration shall be given to the impact of public access to the proposed open space or recreational lands upon the residents of the cluster development and surrounding residentially used lands.
(4)
Every parcel of land offered to and accepted by the Township shall be conveyed to the Township by deed at time of submission of the final plan to the Land Use Board for review and approval. The deed shall contain such restrictions as may reasonably be required by the Land Use Board to effectuate the conditions hereinabove pertaining to the use of such areas. Should the subdivision or development consist of a number of development stages, the Land Use Board may require that acreage proportionate in size to the stage being considered for final approval be offered to the Township simultaneously with the granting of final approval for that particular stage, even though these lands may be located in a different section of the overall development.
(5)
The minimum size of each parcel offered to the Township shall be five acres.
(6)
Nothing herein shall be construed or intended to imply that the governing body of the Township is required to accept lands so offered, except that the governing body when considering acceptance of such lands shall take into account the findings of the Land Use Board.
G.
All cluster developments shall be considered to be planned developments and major subdivisions subject to subdivision review and approval as set forth in § 120-42 of this chapter. In case of a cluster development application requiring a conditional use permit, besides being subject to all regulations hereinabove contained in this section, the Land Use Board shall find that:
(1)
The proposed development, its design and layout, and its size will not be detrimental to the surrounding neighborhood or to the intent and purposes of this chapter or the adopted Township Master Plan. Furthermore, the design shall be such that the use of the clustering achieves maximum benefit in the use of land, preservation of open space and good development design principals and techniques;
(2)
An environmental impact statement has been required, reviewed and found to determine that as proposed the development will not unreasonably adversely affect the environment of the lands upon which it is to be located or those adjacent thereto, or to create reasonably demonstrable adverse impacts off site; and
(3)
Cluster development as proposed will create a residential project harmonious with its environment and surrounding development.
§ 120-120 Dwellings utilized in connection with commercial operations.
A dwelling unit to be utilized in connection with the operation or ownership of a commercial activity or use may be permitted as an accessory use as set forth in the Schedule of District Regulations. When permitted, not more than one attached or detached dwelling unit may be provided in conjunction with a commercial or business use under the following conditions:
A.
The dwelling unit may be attached to the principal structure on the property involved and used for commercial activity or it may be a detached dwelling unit, excluding a mobile home, but located on the property whereon the commercial or business use is located. The dwelling unit shall be occupied only by the owner or manager of said commercial use or activity. In order to obtain a zoning permit for such a commercial-use-related dwelling, the applicant shall provide an affidavit to verify that the owner or manager of the business or retail use or activity involved in the application will be the resident that will occupy the commercial-use-related dwelling unit. It is the purpose of this subsection to allow the use of an commercial-use-related dwelling unit by the owner or manager of commercial or business use as to provide security, service and/or economy of operation to the principal use of the property for business or commerce.
B.
Said commercial-use-related dwelling unit shall be located according to the maximum and minimum building standards and set backs established in the Schedule of District Regulations for the zoning district in which it is to be located.
C.
Occupancy by owner.
(1)
Any zoning permit and certificate of occupancy for a commercial-use-related dwelling unit to a commercial or retail use or activity shall remain valid only so long as the said unit is occupied by the owner or manager of the said commercial or retail use or activity. When the said dwelling is no longer occupied by the owner, manager or an employee of the principal commercial use of the property, then the dwelling unit shall be used strictly for commercial or retail activities and a revised site plan for the conversion of the dwelling unit to those uses shall be submitted and approved by the Land Use Board. The Land Use Board shall determine relationship between the occupant of a commercial-use-related dwelling to the commercial use to which it is attached based on information to be supplied to it by the owner of the commercial use which reasonably shows employment by or bona fide connection to said commercial use. Said revised site plan shall not be required if the size of the dwelling unit is less than 5% of the square footage of the primary commercial or business use structure.
(2)
Continued use of the dwelling unit in conjunction with the primary commercial or business use of the property by other than the owner of the property or manager of the business use shall then require a variance for said dwelling unit in accordance with the provisions of § 120-48 of this chapter. It is the intent of this subsection to only permit a residential use to an active business or commercial activity by its owner or manager where such use seems appropriate and reasonable to continued commercial use of the property. When not utilized by the owner or manager of the commercial activity then it is incumbent upon the owner of the said commercial-use-related dwelling unit to prove that it can be utilized without creating conflicts between residential and commercial activities being carried out on the same property.
D.
A commercial-use-related dwelling use shall be considered as part of the retail or commercial use of the property and shall be subject to site plan review as required for such uses by § 120-42 of this chapter. As a related use thereto, it shall be provided with all required utilities and additional off-street parking subject to the provisions of § 120-113A herein this chapter. In reviewing the site plan, the Land Use Board may impose such conditions as deemed reasonably warranted to protect the health, safety and welfare of the occupants of the commercial-use-related dwelling unit from the commercial or retail activities also carried out on the site.
E.
Not more than one such use-related dwelling unit shall be permitted for any one property principally used for business or commercial activities regardless of the number of said activities carried out on the site. In addition, the size of the use-related dwelling unit shall be clearly subordinate to the principal commercial use of the property. To this end, no commercial-use-related dwelling shall be larger than 40% of the square footage of the commercial use or activity structure to which it is related.
§ 120-121 Duplex or semidetached dwellings.
Duplex or semidetached houses shall be permitted upon a finding by the Land Use Board that said use will not adversely affect the character or density patterns of the areas or neighborhood in which said use is proposed. No such use shall be permitted to front or have driveways exiting onto an arterial or collector road as classified by the adopted Township Master Plan. Where permitted in accordance with the provisions of the Schedule of District Regulations, the following conditions shall be met:
A.
Any duplex or semidetached dwellings shall share a common driveway of not less than 24 feet wherever reasonable with on-site parking complying with the provisions of § 120-113A of this chapter. Said parking may be provided within garages, but when garages are provided they shall be attached to the duplex or semidetached dwelling and provide access to each unit contained therein. All dwelling units in a duplex or semidetached dwelling shall have direct access to a public street or right-of-way.
B.
No fencing shall be erected within the front yard areas except for dooryards or patio areas attached to the dwelling unit and screened from the street shall be permitted, provided that any such screening, if not plant material, shall be located at the front yard setback line.
C.
Architectural drawings of the front facade(s) of a duplex or a semidetached dwelling shall be submitted for review and approval by the Land Use Board of the uniformity of design of the two units. Deed restrictions or covenants shall be required in a manner, method or procedure approved by the Land Use Board, provided that attached units maintain, within reason, a conformity of aesthetic appearance to the entire structure when viewed as a whole from the street or public right-of-way. Aesthetic appearance shall mean color, fenestration, entrances, front facade design or embellishment, fencing or lighting not attached to the walls of the individual dwelling units contained therein.
E.
A duplex or semidetached dwelling shall only be permitted where there is access to public sanitary sewer or portable water supply system to which said dwelling units shall be connected.
§ 120-122 Farming business.
Within the A Agriculture Zoning District, an active, ongoing farming operation may establish a business which is directly related to said farming operation and utilizes the lands, structures or equipment of said farming operation. Said farming businesses shall only be permitted in accordance with the following conditions:
A.
Only currently active farming operations and only so long as they remain active, may such operations establish and continue to conduct a farming business or businesses.
B.
For purposes of this section, a "farm business" shall be defined as:
(1)
Facilities for food processing, wholesaling, retailing, warehousing and/or distribution of vegetables or fruits provided that not less than 10% of the vegetable and/or fruit involved is grown the farm wherein the said farm business is located.
(2)
Additional use.
(a)
The additional utilization of existing farm structures, motor vehicles or equipment for:
(b)
In the case of Subsections [2] and [4] hereinabove, the activity shall not involve more than two vehicles per each 50 acres of land which is part of the farm upon which the said farm business activity is located.
(3)
It is expressly understood that the storage and land application of sludge is not deemed to be a farm business within this definition.
C.
The site plan for a farm business shall be limited to that portion of the farm directly involved in said business including any access drives or storage areas.
D.
There shall be maintained around a farm business a minimum buffer of 300 feet from all side and rear property lines. Said buffer may be increased in size when deemed necessary by the Land Use Board in order to shield adjoining properties from nuisances or unsightly views, for example, the outdoor storage of material or vehicles. Said buffer area shall be suitably landscaped and/or screened based upon an approved landscaping plan which shall be part of the site plan review and approval.
E.
The farm business shall only continue so long as the farming of the property involved continues. In the event, that the farming ceases on the parcel where a farm business is located, the farm business shall cease unless and until the owner applies for a zoning permit which permit shall not be issued until approval of any variance required by the provisions of this chapter. The farm business shall also be required to submit or resubmit a site plan for review and approval prior to the issuance of the zoning permit.
§ 120-123 Gasoline service stations and/or repair garages or car washes.
Gasoline stations and/or repair garages, including facilities or structures used for the painting of motor vehicles, and car washes may be established when they meet the following conditions:
A.
In addition to site plan details required by § 120-52, the site plan submitted in connection with an application for a gasoline station and/or repair garage or car wash shall also include:
(1)
The location of all fuel tanks and pumps.
(2)
The dimensions and capacity of each tank.
(3)
The depth the tanks will be buried below ground level.
(4)
The location and use of all structures, whether principal or accessory, to be constructed on site.
(5)
The location and maximum number of automobiles or motor vehicles in need of service which are to be garaged or parked on the premises at one time.
(6)
The design details with regard to any canopy including proposed lighting and any use of a portion of said canopy as a sign, which if so proposed, shall comply with the provisions of § 120-115 of this chapter. A detailed elevation drawing of the canopy with dimensions including sign area, design and locations shall be provided.
(7)
Design details for any proposed canopy structure to be located over the motor fuel dispensing areas of the gasoline service station.
B.
No motor vehicle gasoline station or repair garage shall be located within 200 feet of the entrance to a school, recreational area or facility, library, hospital, church or cemetery. Such distances shall be measured in a straight line from the property line of the referenced structures, areas or facilities to the station or garage lot line nearest said structure, area or facility along the street line.
C.
It is intended that gasoline stations or repair garages be designed compatibly with other permitted commercial and industrial uses in the zone district in which they are proposed to be located, that they not be stripped along the available highway frontage or as more than two quadrants of any intersection, and that they be included within shopping centers and industrial parks as an integral part of the overall design. Ingress and egress shall be designed to recognize turning movements generated. These access points shall be coordinated with the access points required for adjacent or nearby uses and the frequency of intersecting side streets.
D.
Any part of a property or site to be used for the repair of vehicles, dispensing of fluids, prolonged motor vehicle idling, or the painting of vehicles shall not be located in any floodplain or within 100 feet thereof or of a residence, church, school, library, eating establishment or health care facility unless undertaken entirely within an enclosed, ventilated with a filtered system, and soundproof structure.
E.
All fuel pumps shall be located at least 35 feet from any property line. All fuel tanks shall be installed underground and shall be located at least 35 feet from any property line. A minimum space of 25 feet shall exist between any two pumping islands and any structures.
F.
All storage areas shall be suitably screened, and no vehicles shall be stored on site which are not awaiting repair work within a reasonable period of time. Facilities for trash disposal shall be provided and, where necessary, screened. No junked automobiles or parts thereof and no unregistered motor vehicles shall be permitted outside an enclosed building. In the case of repair garages which are part of or established in conjunction with the sale of motor vehicles and/or the sale or repair of farm equipment or machines, recreational vehicles or boats, new or used unregistered boats or vehicles may be stored outside a structure on designated sales and display areas.
G.
As a minimum, screening as required in § 120-71 shall be required along any property line adjoining a residentially zoned or used property. The Land Use Board may require additional buffering and other protective measures as necessary to protect surrounding properties from the effect of light glare, noise, air pollution or fumes, or other nuisances generated the gasoline station or repair garage.
H.
Any part of the site proposed for a gasoline or service station or repair garage subject to access by motor vehicles shall be paved or provided with a dustless, hard surface. Canopy structures over motor fuel dispensing areas shall not exceed the height requirements of the zoning district in which they are located.
I.
Except in the case of farm equipment machinery, recreational vehicles or boats, all work on vehicles involving body repairs, removal of engines or transmission or painting shall be preformed in an enclosed structure with a ventilated and filtered air system to prevent fumes from escaping in such a way as to be hazardous or a nuisance to adjoining properties.
J.
Accessory goods for sale may be displayed in a principal building and on the pump island(s). All other exterior displays and parking of equipment for rent or sale shall be permitted, provided that the area devoted to the purpose is in addition to the minimum lot size required for a gasoline or service station or repair garage, the area devoted to this purpose does not exceed 20% of the total area of the entire site, the maximum sign area for the station or garage is not exceeded, and the location of the equipment being rented or offered for sale does not interfere with the required off-street parking requirements for the service station or garage and does not interfere with the on-site traffic circulation indicated on the approved site plan. The storage of vehicles not in operating condition as permitted by this section shall be stored only if all fuel tanks in such vehicles are drained.
K.
All gasoline stations and/or repair garages shall be provided with adequate facilities, equipment and structures and shall be designed to ensure against degradation of or adverse impacts to the environment and adjacent land uses within 500 feet of the property involved. Such facilities and equipment include storage tanks for used motor oil or other fluids or petroleum products, emission control and air quality devices and separate disposal systems designed to properly handle waste waters used in connection with such uses, including motor vehicle and boat or machinery cleaning.
L.
A convenience store, ATM (automated teller machine), or car wash facility shall be considered an accessory uses to a gasoline service station when contained within not more than two separate structures on the site whereon the gasoline service station is located.
M.
In addition to complying with all the requirements listed herein this section, car washes, whether the principal use or an accessory use, shall also meet the following conditions:
(1)
Sufficient on-site area shall be provided to permit cars or other vehicles waiting for service. Such waiting areas shall be suitably screened from adjoining properties.
(2)
All wastewater generated from such uses shall be recycled, and such wastewater not able to be recycled shall be disposed of in a public wastewater system or an approved on-site disposal system to handle such flows and prevent degradation of groundwater supplies. No wastewater will be allowed to leave the site through surface runoff or storm drains.
§ 120-124 Industrial parks.
Industrial parks may be established on a minimum of 20 acres or more in either one lot or a combination of contiguous lots. For purposes of achieving the minimum area requirement as noted above, lots which are separated by a public right-of-way shall may be considered to be contiguous for purposes of this section. All industrial parks shall comply with the following conditions:
A.
Only industrial and commercial or retail uses listed in the C-1 Center Business, CHB-1 Center Highway Business, PHB Planned Highway Business and the CM Industrial/Business Zoning Districts' Schedule of District Regulations shall be permitted by right in an industrial park along with such conditional and accessory use listed within the same zoning districts and as shown on the said Schedule of District Regulations. The Land Use Board may permit other commercial or industrial uses if said proposed use does not subvert the intent or the purpose of the zoning district in which it is to be located and appears to be reasonably similar or related to cited permitted principal, conditional or accessory uses, or is deemed suitable to the industrial park proposed and the intent of this section.
B.
Any industrial park shall be subject to subdivision review as set forth in § 120-42 of this chapter and shall obtain approval of the Land Use Board for any parcel within said park to be sold, leased or otherwise established and utilized for an industrial or commercial use as permitted by this section. Additionally, individual parcels to be utilized for industrial or commercial use are subject to site plan review as set forth in § 120-42 of this chapter separate and apart from the subdivision approval of the industrial park itself. Said site plan review of individual parcels shall be limited to proposed on-site development and its overall coordination or connection to the said park and its facilities or systems.
C.
In reviewing any proposed industrial park, the Land Use Board shall either determine that no adverse effects will result from such development or make such requirements as deemed reasonable and necessary to minimize or eliminate any perceived or expected possible adverse effects. In making such determination, the Land Use Board shall be authorized to request such information or detailed reports as deemed reasonably necessary in order to make said determination.
D.
The minimum right-of-way for a road in an industrial park shall be 60 feet.
E.
Industrial parks shall have a sufficient buffer strip established adjacent to roadways, scenic vistas, and adjoining residential property to screen the commercial and industrial activity from said adjoining roadways, corridors or properties. At a minimum said buffer shall be 30 feet, but shall be increased by the Land Use Board where deemed reasonable to provide the screening and buffering necessary. Said buffer area may be utilized in computing minimum setback requirements in connection with any single tract or parcel within or a part of the park.
F.
The minimum tract or lot size within an industrial park shall be two acres. In setting minimum setback requirements and other lot dimensions for area and frontage for any proposed development within an industrial park, the Land Use Board shall be guided by the minimum and maximum building standards for individual uses as set forth in the Schedule of District Regulations which correspond to the proposed development use or uses.
§ 120-125 Local wireless communication facilities.
Local wireless communication facilities may be established within the Township as provided for in the schedules of district regulations and in accordance with the following conditions:
A.
Purpose. The purpose of this section is to establish provisions regulating the number, location, design and construction of local communications facilities, including towers, antennas, equipment sheds, and appurtenances, in order to accommodate the personal and commercial needs of the citizenry while protecting the health, safety, vitality, and general welfare of the community and its environment. The goals of this section are:
(1)
To provide for adequate wireless communications throughout the entire Township while minimizing the total number of communications towers;
(2)
To minimize the impact of local communications facilities, particularly towers, on areas of scenic and cultural significance to the Township and the region;
(3)
To encourage the location of such towers as are necessary in nonresidential and nonrecreational areas;
(4)
To require the use of existing towers and other structures as support platforms for local communications facilities to the extent consistent with the purpose and the other goals of this chapter;
(5)
To require the collocation of local communications facilities of competing providers in order to reduce the number of required towers;
(6)
To ensure that such towers are sited, constructed, and maintained in a manner which poses the fewest hazards to the general public as possible; and
(7)
To provide for the timely removal of local communications facilities and the restoration of the sites they occupied once they are permanently withdrawn from service.
B.
Applicability.
(1)
All new wireless local communications facilities, be they affixed to freestanding towers or mounted on existing structures, and any structures, equipment, or features accessory to the operation of said facilities, shall be subject to the provisions contained herein this chapter.
(2)
Existing local communications facilities shall not be required to conform to the provisions contained herein until such time as they are to be altered for installation of additional facilities.
C.
General provisions and requirements.
(1)
Upon approval by the Land Use Board, the construction and operation of local communications facilities shall be permitted as a conditional use in certain parts of the Township subject to the provisions and limitations contained herein.
(2)
The Township may seek, at the applicant's expense, independent expert advice on the specific location need for, design, construction, and operation of local communications facilities to aid in the evaluation of applications for such facilities.
(3)
The applicant for a local communications facility which involves construction of a freestanding tower more than 100 feet in height shall make space available on the tower for municipal communications needs to the Township, if technical operating requirements allow. The Township shall use such space solely for installation of communications devices for fire, police, or emergency medical services.
(4)
The total number of local communications facilities in the township shall be the minimum necessary to provide adequate service. As such, no application for construction of a local communications facility shall be approved until the applicant has demonstrated that there is a need for the facility and that there is no existing, suitable facility within the service which could be utilized. Citation in a comprehensive plan approved by a competent regulatory agency shall serve as evidence of the need for a facility in a general area but not as to the need for any specific site.
(5)
The applicant shall agree in writing to submit certification to the Land Use Board every five years that the proposed local communications facility is still in use and that its height cannot be decreased because of operational needs. Oversized facilities shall be reduced to the minimum height necessary for operational needs, as determined by the Land Use Board, within twelve months of the certification.
(6)
The use of existing structures as support platforms for local communications facilities shall be required in all cases where consent of the structure's owner has been secured; use of the structure will not interfere with the signal emitted from other local communications facilities and is otherwise technically feasible; use of the structure will not increase the total number or affect the location of new towers that will be built in the Township; and the following circumstances apply:
(a)
Use of the structure will not require expansion and the addition of a local communications facility does not harm the character and integrity of the exiting structure;
(b)
Use of the structure will require an expansion in height but not in excess of 50% of its current height, area or massing profile, and it is an existing communications structure; or
(c)
Use of the structure will require an expansion in excess of 50% where the expansion or reconstruction will preserve the current use and the visual impact of installation of expanded structure will be less than that of a new local communications facility.
(7)
The applicant agrees that if a new tower is approved, collocation will be permitted unless technically infeasible. The applicant shall also agree that all of the local communications facilities under his or her control within the Township shall be made available for collocation purposes.
D.
Height limitations and location requirements for new local communications facilities.
(1)
Within those zoning districts identified below where allowed as a conditional use, new local communications facilities may be built to whatever height is the minimum necessary to provide adequate service, as demonstrated by the applicant and determined by the Land Use Board.
(2)
All new local communication facilities proposed in areas of the Township as noted herein above in Subsection D(1) shall meet the following location requirements:
(a)
New local communications facility towers shall not exceed 200 feet in height, as measured from grade. Freestanding towers built to a less height shall be designed so that their height may be increased to a maximum of 200 feet if necessary to accommodate the needs of other local communications facilities.
(b)
All new local communications facility towers shall be located within the area consistent with the service need for the facility as specified in the proof of need for said tower as required by § 120-122C(5) and presented to the Land Use Board. The applicant shall initially determine and demonstrate a technically feasible search area for a tower location.
[1]
If the search area contains lands located in more than one zoning district as shown on the Township Zoning Map, the applicant shall seek to site the facility in accordance with the following hierarchy, with the first designation being the location of greatest preference:
[a]
Within the A Agricultural Zoning District and excluding lands within the Stream Corridor Protection and Conservation Overlay District:
[i]
Located on existing structures such as barns, silos, towers;
[ii]
Within those lands located within the Agricultural Industrial; or
[iii]
wooded sites or vacant lands not deemed to be environmentally sensitive due to the presence of wetlands, habitats of endangered plant or animal species, or designated or documented historic or cultural sites.
[b]
Within the C-1 Center Business, CHB Center Highway Business, PHB Planned Highway Business, and CM Industrial or P Public Zoning District, new local communication facility towers shall be permitted only at the following locations:
[i]
On developed publicly owned lands within 500 feet of an existing structure, provided that the facility will be located on previously disturbed lands that have not subsequently been restored and that no facility will be located on state, county or municipal conservation lands, state recreational lands or county or municipal lands used for low intensity (passive) recreational purposes;
[ii]
On the parcel of an existing first aid, fire station or other public structure or use; or
[iii]
the parcel of an existing landfill, provided that the facility will be located on previously disturbed lands that have not subsequently been restored.
[iv]
On an existing developed property with first priority given to areas not adjacent to residentially zoned or utilized lots.
(c)
To the extent feasible and consistent with other provisions contained in this chapter, new local communications facility tower shall be sited in a manner which:
[1]
Minimizes visual impacts as viewed from publicly dedicated roads and highways and from other areas frequented by the public by, in order of decreasing priority:
[2]
Avoids, to the maximum extent practicable, visual impacts as viewed from the scenic vistas;
[3]
Minimizes visual impacts as viewed from existing residential dwellings located on contiguous parcels through adherence to the buffer, setback and screening established in § 120-71 of this chapter.
[4]
Provide camouflaging of said tower(s) so as to blend in with surrounding areas and structures to the greatest extent possible.
(d)
If multiple sites for new towers which meet all other qualifications are available, the site with the least visual impact shall be selected; if only a single qualifying site is available, the best location on the site that meets all other standards of this chapter shall be selected.
(e)
The design and construction of all new local communications facility towers shall adhere to the provisions regarding setbacks from stream corridors, scenic vistas and environmentally sensitive areas. Applicants shall employ design strategies intended to mask, disguise, or hide local communications facility towers so that they blend into the natural background to the maximum extent possible.
(3)
The following provisions shall apply throughout the Township:
(a)
Local communications facilities shall be located so as to meet the technical operating requirements of the applicant and any potential collocators who have expressed a desire to use the same facility.
(b)
Local communications facilities shall be located, in order of preference, on:
[1]
Existing structures whose appearance would not be significantly altered (no more than de minimis change in their mass or height), and no impact upon a historic structure or structures within historic districts that have been designated in the adopted Township Master Plan, the Cumberland County Register of Historic Sites and Structures, or other duly recognized register of historic sites or structures;
[2]
Other structures whose appearance would be significantly altered, provided that the visual impact of the former would not exceed that of the eligible undeveloped sites; and
[3]
Undeveloped sites eligible for a new tower.
(4)
All freestanding local communication facility towers shall maintain a minimum distance of 200 feet from any other structure not on the parcel, public road, sidewalk, residentially developed lot or recreational area and shall comply with the siting design of Subsection D(2)(c) b(5) above, where applicable. The Land Use Board may reduce this setback requirement by as much as 50% of the required distance, if it finds that limited sites and land tenure necessitates such reduction and safety and visual impacts may be alternately addressed.
E.
Design and construction requirements.
(1)
All local communications facilities shall meet or exceed current stands and regulations of the Federal Aviation Administration, the Federal Communications Commission and any other agency of the state or federal government with relevant authority. If such standards or regulations are amended, the owners of local communications facilities in the Township shall bring such facilities into compliance within six months of the effective date of such amendments. Failure to bring such facilities into compliance shall constitute grounds for removal of the facility by the Township at the owner's expense.
(2)
All new freestanding support towers shall be designed and constructed so as to accommodate the needs of any other local communications provider who has identified a need to locate a facility within an overlapping service area.
(3)
All new freestanding support towers shall be of lattice-type construction, except that monopoles may be employed if the applicant warrants that:
(a)
The tower can and will be expanded if necessary to the maximum height permitted within the zoning district to accommodate any other local communications provider who expresses a need to collocate; or
(b)
If the tower cannot be expanded, it will be replaced, without service interruption to current users, by a tower which can accommodate the collocation needs of other communications providers.
(4)
Any accessory shed or other accessory structure shall be built solely to house equipment essential to the operation of the local communication facility and shall be designed, painted, and/or screened by year-round landscaping to blend in with the surrounding environs to the extent possible, as determined by the Land Use Board. The structure shall be located as close to the antenna support structure as possible and shall not exceed 10 feet in height or 100 square feet in area, unless expressly authorized by the Land Use Board. Only one such structure shall be permitted per facility user, unless a need is otherwise demonstrated to the Land Use Board. If feasible, additional land for the equipment needs of future collocators shall be secured in the purchase/lease of the selected site or be available by lease agreement.
(5)
Any access road to the local communication facility shall be landscaped or be oriented in such a way as to preclude a direct view of the facility from a public venue.
(6)
Secure fencing may be required if the Township determines that it is necessary for the safe operation of the facility.
(7)
No artificial lighting may be attached to any local communications facility except as required by the Federal Aviation Administration or other regulatory authority with jurisdiction. Lighting of equipment and any other structure on site shall be shielded from abutting properties. There shall be total cutoff of all light at the property lines of the parcel to be developed, and footcandle measurement at the property line shall be 0.0 footcandles when measured at grade. Lighting shall be the minimum necessary to conform to applicable requirements.
(8)
No sign will be attached to any local communications facility except as is necessary to provide operational or maintenance instructions or warnings to the general public. No sign will be attached at a level more than 10 feet above grade. The use of any portion of a facility for any form of advertising is prohibited.
(9)
The following standards shall apply to clearing and landscaping for construction of new local communications facilities:
(a)
Clearing of existing vegetation shall be limited to the minimum necessary to allow for access to and operation of the facility;
(b)
The lower portions of local communications facilities which will be located adjacent to residential zones, recreational areas, or public roads shall be screened at ground level from public view to the maximum extent practical in the following manner:
[1]
One or more rows of evergreen trees, at least four feet in height when planted and capable of forming a continuous hedge at least 15 feet in height within five years of planting, shall be required and spaced not more than seven feet apart around all lattice towers and any monopole over 50 feet in height;
[2]
Adjacent to residential zones and recreational areas, an additional row of deciduous trees no less than 1 1/2 inches in diameter measured three feet above grade, and space not more than 20 feet apart shall be planted around the evergreen trees;
[3]
The screening shall be maintained and replaced as necessary while the facility is in service.
(10)
Local communications facilities mounted on an existing structure shall be painted or shielded with material which is consistent with the design features and materials of the structure. To the extent that any local communications facility or its supporting structure extend above the height of the vegetation immediately surrounding it, they shall be painted in a light gray or light blue hue which blends with sky and clouds.
F.
Maintenance and operation requirements.
(1)
The owner of a local communications facility shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. Such maintenance shall include, but is not limited to, painting, structural integrity of the mount and security barrier, and maintenance of the buffer area and landscaping. If, upon inspection, the Township concludes that a facility fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring the facility into compliance with such standards. Failure to bring such facility into compliance within the thirty day period shall constitute grounds for the removal of the facility at the owner's expense.
(2)
No application for installation of a local communications facility shall be approved unless the applicant has submitted evidence that a surety bond has been established which will provide for removal of the facility and restoration of the disturbed area in accordance with this chapter within 12 months of its ceasing to operate. In any event, the Township shall, at the expense of the owner, remove any such facility which has been out of operation for a period greater than 12 months.
(3)
All local communications facilities shall be operated in a manner consistent with the "Guidelines for Evaluating the Environmental Effects of Radio Frequency Radiation," as published and amended from time to time by the Federal Communications Commission.
(4)
Local communications facilities adjacent to residential or public recreational areas shall not increase the ambient noise level nor cause any persistent level of vibration in excess of 50 db beyond the property lines of the parcel on which they area situated.
(5)
At annual intervals from the date of the issuance of the conditional use permit, the applicant shall submit measurement of the noise and the radio frequency radiation from the local communications facility. Such measurements shall be made by a qualified technician and shall certify that they are within applicable limits.
G.
Application requirements.
(1)
Preapplication conference: Early consultation by applicants with Township officials and Land Use Board is encouraged so that all information necessary for an informed decision is submitted and delays are avoided. As such, prior to submission of a development application for approval of a local communications facility in accordance with this section, the applicant may request to convene with the Land Use Board at a public meeting in order to discuss the proposed facility in general terms and to clarify the filing requirements. Upon receipt of a written request for a preapplication conference, the Land Use Board will meet with the applicant at the next regularly scheduled meeting of the Board for which adequate public notice can be provided. While there are no formal filing requirements for this conference, the applicant is encouraged to prepare sufficient preliminary architectural and/or engineering drawings to inform the Board of the general location and likely scale and design of the facility. Failure to request such a conference will not prejudice any subsequent consideration of a formal application by the Land Use Board. Any such preconference request shall be subject to the provisions of § 120-50 of this chapter.
(2)
New local communications facilities shall require conditional use approval and major site plan approval by the Land Use Board.
(a)
All persons seeking to build such a facility must submit an application to the Land Use Board which in addition to the requirements of § 120-52 of this chapter must also contain or be revised to conform to the following requirements:
[1]
A scaled site plan clearly indicating the location (including street address and block/lot), type, method of construction and height of any proposed tower and any accessory structure(s); on-site land uses and zoning; contour lines at no greater than five-foot intervals AMSL; existing structures; land uses and zoning within 200 feet (including adjacent municipalities); any roads within 200 feet; proposed means of access; limits of clearing; and setbacks from property lines;
[2]
Photographs of the proposed site of the facility showing current conditions;
[3]
The setback distance from the nearest structure;
[4]
A map showing the location of all other local communications facility towers and other structures within the Township as well as outside the Township within a five-mile radius. The applicant shall also identify the height and type of construction of all such structures;
[5]
A landscape plan showing proposed landscaping;
[6]
The location and type of proposed fencing, if applicable, and the type, location, color and power of any illumination;
[7]
An assessment of the suitability of the use of existing towers or other structures within the search area to accommodate the local communications facility in lieu of a tower, if a new tower is proposed;
[8]
An assessment of the suitability of the site to accommodate additional equipment sheds and similar needs of other wireless providers who may wish to collocate on the proposed facility;
[9]
Written confirmation from any other wireless providers who have expressed a desire to collocate on the proposed facility that the selected site meets their operational needs and space requirements for equipment sheds and the like; and
[10]
Computer simulation models, photographic juxtaposition and similar techniques are not mandated, but, if submitted in support of the application, may be used by the Land Use Board in determining conformance with the visual impact standards of Subsection D(2)(c) herein this section.
[11]
In the event that collocation is found not to be feasible, a written statement of explanation shall be submitted to the Land Use Board. The Land Use Board may retain a technical expert in the field of radio frequency engineering to verify if collocation at the site is not feasible or is feasible given the design configuration most accommodating to the collocation, or that a new tower has less visual impact at an alternative site. The cost of such a technical expert will be at the expense of the applicant.
(b)
The Township permits wireless communications providers to submit a single application for approved multiple facilities.
(3)
The National Environmental Policy Act (NEPA) applies to all applications for personal wireless service facilities. NEPA is administered by the FCC via procedures adopted as Subpart 1, Section 1.1301 et seq. (47 CFR Ch. I). The FCC requires that an environmental assessment be filed with the FCC prior to beginning operations for certain facilities. The environmental assessment must be submitted as part of any Township application for such a facility.
§ 120-126 Mobile homes.
It shall be unlawful for any person to place, locate, keep, occupy or maintain a mobile home for the purpose of residency within the limits of the Township, except in accordance with the provisions of this section:
A.
Job trailer placement and/or use. Temporary use of one mobile home or trailer structure for "job trailer," as an accessory use to a permitted principal use construction site on the same lot therewith for a period to be set forth on the permit therefor and as determined by the Land Use Board based on reasonable projected construction time, shall be permitted. The temporary use and location of said mobile home or trailer structure shall cease upon expiration of the time period set by the Land Use Board or within 30 days of the issuance of a certificate of occupancy for the said permitted principal use so constructed, whichever occurs first. In no case shall the permit for said temporary use exceed 18 months.
B.
Mobile home use during dwelling construction. Use of a mobile home or travel trailer, as a temporary residence for the immediate family members and the owner or owners of a property for which zoning and construction permits have been issued for the construction of a single-family, detached dwelling, shall be permitted subject to the following provisions:
(1)
The property whereon the dwelling is to be construction shall be at least one acre in size.
(2)
In such situation, the placing of the either one mobile home, motor home or travel trailer shall be restricted to the lot for which the construction permit for construction of the single-family, detached dwelling has been issued, and the mobile home, motor home or travel trailer shall not be occupied until it has been connected to a permanent water supply and sanitary sewer system which have been installed or provided for the proposed dwelling, or a Board of Health approved and Uniform Construction Code acceptable sanitary sewer system and potable water supply system have been installed on or is available and suitable for such use on the property for use by said temporary mobile home; said mobile home is completely and satisfactorily connected to said systems according to the Uniform Construction Code and all necessary approvals and permits have been issued or obtained for same; and the sanitary sewer and potable water supply systems are designed and intended for use by the residential structure, once completed, and the mobile home is disconnected from same prior to the issuance of a certificate of occupancy for the new home.
(4)
The temporary mobile home is sited, installed and fully compliant with all applicable requirements of this chapter, the Uniform Construction Code and any other applicable regulations including requirements for securing and tying down said temporary mobile home as required by law or regulation.
(5)
Said temporary use shall be clearly stipulated in the zoning permit for such a mobile home and shall be for a period to begin with the start of construction (as opposed to the issuance of a construction permit) and end with the issuance of a certificate of occupancy for the newly constructed residential structure or 12 months from the date of the issuance of the temporary permit, whichever shall occur first. Any request for continued use of said temporary facility shall require an application to the Zoning Officer including justification of why construction has been delayed. If granted, an extension shall not be for more than six additional months.
(6)
It is the intent of this subsection to permit property owners to utilize temporarily a mobile home to safeguard and protect the construction of a dwelling and to deter or prevent theft and vandalism thereto. Said use shall be temporary and in no case permitted to continue after the issuance of a certificate of occupancy for the new residential structure for which the temporary use of said mobile home or trailer was requested. No actions which attempt to make permanent the placement of any mobile home on the site, such as the installation of a foundation, separate septic system or similar action, shall be permitted. Under no circumstances is this section to be understood or interpreted to permit, authorize or approve that the issuance of a zoning permit for the temporary use of a mobile home permits its use by any person or persons other than the owner(s) of the property on which it is located or that said temporary use may be considered a permanent placement and a permitted use of the said mobile home once a certificated of occupancy for the new residential structure has been issued.
(7)
Any mobile home permitted to be used temporarily during the construction of a new residential structure shall be disconnected from any public utility, including electric, gas, and the property potable water supply and septic system within 48 hours of the issuance of a certificate of occupancy for the newly constructed residential dwelling; and the mobile home shall be physically removed from the site.
(8)
An applicant for a zoning permit to allow the temporary use of a mobile home during the construction of a residential structure shall be required to sign an agreement that he/she understands the terms of said temporary placement and use of said mobile home under the provisions of this subsection and shall agree to remove same upon the issuance of a certificate of occupancy for the new residential structure, and further attesting to his/her understanding that the temporary use of the mobile home is strictly for the owner(s) of the property involved and their minor children; and no other persons, regardless of relationship to the said owner(s), is to be permitted during construction or after the issuance of the new residence's certificate of occupancy.
(9)
The owner or owners of the lot involved in such temporary use of a mobile home, motor home or travel trailer, shall be required to post with the Township Clerk a bond in the amount $1,000 to secure removal of the mobile home, motor home or travel trailer within the time required in Subsection B(4) hereinabove.
(10)
Application for a permit under this section shall be made to the Zoning Officer, and it shall not be issued until the aforesaid bond has been posted with the Township Clerk, copies of the zoning permit and construction permit for the property and proposed dwelling to be constructed thereon are submitted or supplied and the Zoning Officer has been presented with satisfactory proof that the applicant is in compliance with the provisions of this section.
C.
Temporary use of a mobile home during an emergency situation.
(1)
Temporary use of one mobile home where an existing residential structure has been destroyed or made uninhabitable by an emergency situation as defined in this chapter, and only when occupied by the owner of the said destroyed residential structure and, when a new structure is permitted to be constructed on the site and while the new residential structure is being constructed. Said use shall be for a period not more than six months which period may be extended for an additional period of not more than six months in the event that the Zoning Officer is of the opinion that the emergency condition cannot be corrected within the original six-month period. In no event, however, shall the emergency occupancy of the mobile home be more than 15 days after a certificate of occupancy is issued for the repaired and/or replacement dwelling.
(2)
Said temporary use of an independent mobile home or manufactured home in an emergency situation as noted hereinabove shall be in accordance with the following conditions:
(a)
Any person requiring or requesting temporary residency in an independent mobile home in an emergency situation shall apply directly to the Zoning Officer on a form to be supplied by the Township and shall provide documentation verifying the name and address of the owner of the independent mobile home. If the resident of the residential structure made uninhabitable by the emergency situation is not the owner of the property whereon the said structure is located, then the application must cosigned by the residential structure and/or property owner.
(b)
Once said application is approved by the Zoning Officer, the property owner wishing to use the independent mobile home shall enter into an agreement and post a bond with the Township as provided in Subsection B(8) and (9) herein this chapter. Said agreement shall provide the Township with right of entry onto the property by Township officials for inspection and removal purposes.
(c)
The mobile home shall be connected to an acceptable and approved potable water supply and sanitary sewer system as determined by the Township Construction Code officials and applicable regulations.
(d)
No mobile home used for temporary residency as provided for herein this subsection shall be located within 10 of any property line or in such a way as to pose an undue threat to public safety, health and welfare of the property owners or to adjoining properties.
(e)
No mobile home utilized in accordance with the provisions of this subsection shall be place upon a permanent foundation or shall be in any other way placed, installed or attached to another structure which would make the said mobile home's, trailer's removal from the site impossible or otherwise unnecessarily difficult to the continued viability of the other structure's use or integrity.
(f)
The mobile home shall be placed on the same property on which was located the single-family residential structure that was accidentally damaged or destroyed giving rise to the emergency situation, and shall be only occupied by those persons who were occupants of said single-family residential structure.
D.
Mobile home parks. Mobile home parks may be established and operated as provided in the Schedule of District Regulations and in accordance with the following provisions of this section and any Township ordinance requiring the licensing of mobile home parks which ordinance shall provide for the number of licenses to be issued by the Township Committee.
(1)
Standards for mobile home parks. All mobile home parks shall meet the following regulations and requirements:
(a)
Mobile home parks shall be located on tract(s) of land as set forth in the Schedule of District Regulations for the zoning district wherein said parks are permitted and shall:
[1]
Encompass a minimum of 30 contiguous acres of land in single ownership which land is adjacent to the Town of Rosenhayn and is served by a public sanitary sewer system or is within 300 feet of connection to a public sanitary sewer system;
[2]
Have a minimum of 500 feet of frontage on an arterial or collector Level 1 roadway as identified in the adopted Township Master Plan;
[3]
Have an average depth for the lot in question of 1,000 feet;
[4]
Not have more than 20% of the site proposed for a mobile home park designated or found to be:
[5]
A proposed mobile home park shall not be located adjacent to commercial or industrial activities which involve the dispensing of petroleum products, repair, storing or servicing of motor vehicles, trucking facilities including terminals, warehousing or distribution operations, and company fleet vehicle parking or storage facilities or areas.
(b)
The number of mobile or manufactured home spaces per acre shall not exceed five.
(c)
Mobile homes may not be installed or relocated to any approved space within a licensed mobile home park. Only manufactured homes may be installed on any vacant approved space within a licensed facility.
(2)
Standards governing mobile home spaces. The following regulations shall be met with regard to any mobile home space within a mobile home park:
(a)
Area. The minimum area of a mobile or manufactured home space shall be 5,000 square feet. The mobile or manufactured home space boundaries shall be measured from the back of the curb and shall be clearly defined.
(b)
Frontage. The minimum frontage on park drives shall be 50 feet, except along culs-de-sac or along curved park drives, where it shall be 30 feet.
(c)
Numbering of spaces. A consecutive numbering system shall be established, and each mobile or manufactured home space shall be clearly identified by a number in accordance with the provisions of any Township ordinance requiring licensing of mobile home parks.
(d)
Home orientation. All mobile homes and manufactured homes shall front on a park drive. No mobile or manufactured home space shall be placed closer than 100 feet of a public street line.
(f)
Setback along park drives. No mobile home, manufactured home or accessory building thereto shall be placed closer than 20 feet to any park drive, as measured from the back of the curb.
(g)
Setback from side and rear boundaries of park. No mobile or manufactured home space shall be placed closer than 200 feet to the side and rear boundaries of any park. The setback shall be reduced to 100 feet when adjacent land is also used for a mobile home park. The two-hundred-foot setback requirement for side or rear boundaries may be reduced to 100 feet if the Land Use Board determines that land adjacent to the proposed mobile home park is already preserved and/or buffered so as to assure the overall two-hundred-foot separation between land use activities on the lot in question and the adjoining property or properties. Where utility or drainage easements or any agricultural buffers as per § 120-71G of this chapter, are required along side or rear boundary lines, the easement and/or buffer areas shall not be used or included as part of a mobile or manufactured home space.
(h)
Accessory buildings. Accessory buildings shall be placed in conformance with the Schedule of District Regulations of this chapter and the New Jersey Uniform Construction Code.
(i)
Design and occupancy. No mobile home or manufactured home shall be inhabited by a greater number of occupants than the number registered in the mobile home park or the number permitted by the applicable codes, whichever is less.
(3)
Signs. All signs in a mobile home park shall comply with the § 120-115 of this chapter, and detailed illustrations of all signs to be installed shall be submitted for review and approval prior to issuance of permits. In reviewing signs, the approving authority shall consider appropriateness and the degree to which the signs enhance the visual appearance of the park, the public areas, the public streets and the architectural style of the existing and proposed accessory buildings, as well as the quality of the residential environment for those who live in the park. In addition to the park identification sign, the following signs shall be provided:
(a)
Along the park drive at each entrance to a mobile home park, a plan of the park, depicting accurate drive names and mobile or manufactured home space numbers, shall be posted. Said plan shall be a maximum of 32 square feet in size.
(b)
Signs shall be required at all intersections identifying drive names.
(4)
Construction standards.
(a)
The standards established by the New Jersey Residential Site Improvement Standards Act and the New Jersey Construction Code, the Illuminating Engineering Society, the New Jersey Department of Environmental Protection, the Soil Conservation District, and such other statutory provisions which pertain shall apply. Each phase or type of construction shall comply with the applicable codes and standards.
(b)
Two hundred square feet of concrete shall be provided in each mobile or manufactured home space to coincide with the entrance to the mobile home or manufactured home prior to the issuance of a certificate of occupancy. An elevated deck of equal size may be substituted for the 200 square feet of concrete.
(c)
Subject to the approval of a waiver of the New Jersey Department of Community Affairs, a right-of-way of less than 50 feet in width sufficient to contain the required cartway and curbing may be provided. The Land Use Board may require that the right-of-way and cartway widths of a new drive that is a continuation of an existing drive be at least the same widths as the existing drive.
(d)
Curbing for all mobile home park developments shall be made of concrete and may be designed as vertical curb or mountable curb in accordance with the construction standards in the New Jersey Residential Site Improvement Standards.
(e)
Bicycle paths and lanes, a minimum of six feet in width, shall be provided when the Master Plan so recommends them in the location of a proposed residential setting. The Land Use Board may require said bicycle paths when the mobile home park is designed for more than 40 units and/or is age-restricted.
(f)
The minimum levels of illumination to be provided are 0.1 average maintained footcandle for all parts of the park zone system and 0.3 average maintained footcandle for potentially hazardous locations. For other specifics, refer to the Illuminating Engineers Society standards.
(5)
Traffic impact statement and circulation.
(a)
A traffic impact statement (TIS) shall be submitted with an application to expand a mobile home park, if the proposed expansion generates traffic flows in excess of 10% of the existing flows as measured on a weekday between 7:00 a.m. and 7:00 p.m. at the access/exit points.
(b)
Roadways within a mobile home park shall be private drives, unless after consultation with the governing body, the Land Use Board deems it appropriate and reasonable to require dedication of all streets within a mobile home park.
(c)
Park drives shall be designed to provide convenient access to all mobile or manufactured home spaces. Where dead-ended drives are necessary, culs-de-sac shall be installed.
(d)
Park drives shall be designed to avoid destruction of natural resources such as trees, scenic views and waterways.
(e)
The overall clarity of the vehicular circulation plan must be evident.
(f)
Landscaping and barrier plantings shall be used to insulate residents of the park from public thoroughfares and/or adjacent properties not used for residential purposes.
(g)
Block sizes shall be the maximum consistent with the shape of the site and the convenience and safety of the park residents. Blocks longer than 600 feet shall be designed with mid-block pedestrian easements at least 10 feet in width to be improved with a four-foot wide concrete sidewalk.
(h)
Clear sight triangles shall be provided and maintained at intersections with public streets and at park drive intersections.
(6)
Parking and service area regulations.
(7)
Refuse storage and collection, pest and weed control.
(a)
Refuse shall be stored in tightly covered containers and kept under sanitary conditions.
(b)
Each mobile or manufacturing home space or centralized location shall be provided with one of the following:
[1]
A slab of impervious material large enough to accommodate the number of required containers.
[2]
A rack or holder which provides at least six inches of clear space beneath or a cart which provides at least four inches of clear space beneath.
[3]
A properly protected container in an underground storage installation.
(c)
The area surrounding refuse containers and collection areas shall be kept free of litter, stagnant pools or articles which hold water and provide insect-breeding places.
(d)
Centralized locations shall be screened with solid fencing and landscaping.
(e)
Refuse containers shall be repaired or replaced when damaged.
(f)
Refuse shall be collected at least once a week.
(g)
Mobile home parks and mobile home lots shall be kept free from articles which may hold water and provide temporary breeding places for mosquitoes. Permanent mosquito control measures, such as draining and filling depressions in which water may collect, shall be taken by park management, together with supplemental larvicidal measures as need dictates.
(h)
Fly breeding shall be controlled by eliminating the insanitary practices which provide breeding places. Refuse containers shall be repaired when so damaged that they leak or their lids do not fit in a fly-tight manner. The area surrounding the refuse container shall not be permitted to become littered with garbage or saturated with waste liquid from garbage. All containers shall be maintained in a clean and sanitary condition.
(i)
Insecticidal measures shall be applied if necessary.
(j)
All buildings within the mobile home park shall be rat-proofed and items in storage shall be maintained in such a manner as to eliminate the possibly of rodent harborage.
(k)
The growth of brush, weeds and grass shall be controlled as a means toward elimination of ticks and chiggers.
(8)
Open space.
(a)
A minimum of 15% of the total acres of a mobile home park shall be reserved as open space. At least 25% of the required open space for non-age-restricted developments shall be located in one defined area suitable for active recreation and field sports and shall be free of environmental constraints, including stormwater detention or retention basins.
(b)
Recreation areas shall be so located and arranged as to provide for the maximum efficiency of function, benefit and convenience to all the park residents. Details of active recreational facilities shall be shown on the site plan to be approved by the Land Use Board. Facilities shall be provided in accordance with the anticipated population of the park including tot-lots, playgrounds, sport fields and/or courts, a swimming pool or other active recreational facility.
(c)
For age-restricted development (i.e., for persons 55 years of age or older), the minimum massed open space referred to in Subsection D(8)(a) above may be waived if a community building or center is provided. The size of the building or center shall be based on 30 square feet per mobile or manufactured home space in the development, up to a maximum of 7,200 square feet, with a minimum building area of 1,500 square feet. At a minimum, the community building or center must include a meeting room, kitchen and rest-room facilities.
(d)
Setback areas abutting public streets and agricultural and wetlands buffer areas shall not be used to meet the open space requirements nor shall such areas be put to recreational use.
(e)
Any areas devoted to active sports, such as softball, tennis or swimming shall be enclosed by fencing of sufficient height to minimize potential hazard and nuisance to adjacent residences, mobile homes or manufactured homes. In addition to fencing, screening may be required to ensure privacy and buffer noise.
(f)
Open space and recreational facilities maintenance shall be the responsibility of the park management and shall include maintenance of lawns, landscaping, paved areas, screening materials, including fences and walls, as well as all the facilities to be used in common.
(9)
(10)
Grading and drainage. Adequate provisions for surface water drainage facilities is essential. The provisions of § 120-89 of this chapter and the Residential Site Improvement Standards, whichever is applicable, shall be met. In preparing and reviewing drainage proposals, the following criteria shall apply:
(a)
Natural stream beds and all related floodplain areas shall be clearly defined and protected. Care shall be taken to minimize peak downstream runoff.
(b)
Surface drainage systems may include, where necessary, detention structures which will assure no additional runoff from the mobile home park subsequent to completion of the park.
(c)
Surface drainage systems shall be designed to accommodate all runoff coming to or accumulating on the development site.
(d)
Grading and drainage development shall conform to the soil erosion and sediment control standards as applied by the Soil Conservation District.
(11)
Provision of utilities. All mobile home parks shall be connected to a public sanitary sewer system and be supplied with an adequate supply of potable water, complying with the Residential Site Improvement Standards. To assure that said supply and facilities are provided, the following standards shall apply:
(a)
A water distribution system shall be provided to transmit the potable water supply throughout the mobile home park. The supply shall be made available to each mobile or manufactured home space, building or other facility requiring water via a separate water service pipe at a minimum pressure of 20 pounds per square inch.
(b)
The water shall be obtained from an approved public potable water supply, if available at the boundary of the mobile home park. If an approved public water supply is not so available, a water supply system shall be developed in accordance with Standards for the Construction of Water Supply Systems for Realty Improvements promulgated by the State Commissioner of Health. The water supply shall be approved by the state and local Department of Health prior to use.
(c)
An individual water riser shall be located within the confined area of each mobile home or manufactured home space at a point where the water connection will approximate a vertical position. The riser outlet shall be designed so that a watertight connection can be made between the outlet and the mobile or manufactured home piping system.
(d)
The water riser shall extend at least four inches above the ground elevation. The outlet shall be plugged or capped when not in use.
(e)
Adequate provisions shall be made to prevent freezing of risers, valves and water service pipes and to protect risers from heaving and thawing actions of ground during freezing weather. Surface drainage shall be diverted from the from the location of the riser.
(f)
Each riser shall be provided with a shutoff valve conveniently available to the tenant in the event of an emergency.
(g)
The water supply system of a mobile home park shall be provided with storage unless the supply is derived from a public potable water supply and shall meet the following criteria:
[1]
The location, size, type and elevation of the storage facility(ies) shall be such as to meet the distribution pressure requirements as established in Subsection D(11)(a) above.
[2]
Potable water shall be stored only in impervious tanks protected against surface drainage. All tanks shall be provided with watertight covers, and any overflow or ventilation openings shall be covered with metallic screen of not less than 16 mesh to prevent the entrance of insects and vermin. No storage tank shall have a drainage connection direct to a sewer.
(h)
No physical connection shall be made between an approved public potable water supply and an unapproved water supply unless it satisfies the provisions of N.J.S.A. 58:11-9.1 et seq. A semipublic water supply is considered as an unapproved water supply for the purpose of this regulation even though it may meet the Potable Water Standards established by the State Department of Health and the Department of Environmental Protection of the State of New Jersey.
(i)
Drinking fountains, if provided, shall be constructed of impervious material and have an angle jet with the nozzle above the overflow rim of the bowl. The nozzle shall be protected by a nonoxidizing guard. The bowl shall be of easily cleanable design, without corners, and the bowl opening shall be equipped with a strainer.
(j)
If the water furnished consumers in a mobile home park is not obtained from a public water supply system, it shall be sampled quarterly each year and submitted for bacteriological analyses in accordance with the provisions of the Potable Water Standards established by the State Departments of Health and Environmental Protection. All results of samples taken under this regulation shall be assembled, recorded and maintained by park management for inspection by the New Jersey State Departments of Health and Environmental Protection, and the Cumberland County Board of Health.
(k)
Mobile or manufactured home spaces shall be provided with water risers and water service pipes of at least three-fourths-inch nominal inside diameter. A shutoff valve shall be provided for each water service pipe. Underground combination stop and waste valves shall not be installed.
(l)
Each mobile home or manufactured home space shall be provided with a building sewer connection. The building sewer connection shall be at least four inches in diameter and shall be equipped with a riser of the same diameter terminating sufficiently above ground at not less than a forty-five-degree angle, to permit adequate connection from the mobile or manufactured home. A trap and/or vent shall not be installed on the building sewer. The following standards shall be required:
[1]
The riser shall be firmly imbedded in the ground and be protected against heaving, shifting and surface water. When it is not in use, the riser shall be capped or plugged so as to render it watertight.
[2]
The sewer connection shall be provided with suitable fittings to effect watertight junctions. The connections shall be self-draining and shall be effected by durable, noncollapsible, corrosion- and weather-resistant, semirigid or rigid pipe. Such pipe shall be plastic, copper or iron of suitable diameter (at least three inches) to fit the drain outlet of the mobile or manufactured home and the riser.
[3]
The park management shall maintain several spare connectors and appropriate fittings, in good repair, to be used when privately owned connectors do not meet the requirements of this regulation.
(m)
Sewer lines and appurtenances in a mobile home park shall be laid in accordance with the Residential Site Improvement Standards.
(n)
The plans for the proposed sewerage facilities of a mobile home park, including sewer line and appurtenances thereto, shall be approved by the Township and/or public utility which is to provided sanitary sewer service to said park. Any required approvals from the State Department of Environmental Protection and local Health Department shall also be obtained prior to installation of said facilities.
(o)
Every mobile home park shall be equipped with electric power provided to each mobile home park space in accordance with the regulations of the Uniform Construction Code. All electrical systems and equipment installed in mobile home parks shall be approved by the Underwriters' Laboratories, Inc., or other recognized agency having jurisdiction. All metal parts of a mobile or manufactured home shall be adequately grounded.
(12)
Environmental conditions and impact statement. In reviewing an application for mobile home park development, the Land Use Board shall ensure that adequate provisions are made to preserve, protect and make maximum use of the natural features and resources of the site. To this end, an environmental impact statement shall be submitted with each application to expand a mobile home park. See § 120-52D(2)(e) of this chapter, for the contents of an environmental impact statement.
(13)
Energy conservation.
(a)
The orientation of mobile homes and manufactured homes which can most effectively reduce the consumption of natural and artificial fuels shall be given priority in the design stage of the development.
(b)
Natural vegetation shall be utilized and supplemented throughout the site to aid in achieving the fullest practical degree of climate moderation. The Land Use Board shall evaluate the extent to which the development plan has met the goal for energy conservation.
(14)
Aesthetics and safety features.
(a)
Visual consideration. In designing the layout of a mobile home park development, emphasis shall be placed on the visual effect. The perimeter of off-street parking areas, refuse containers and collection areas and other service-related stations and/or facilities shall be attractively screened by the use of appropriate fencing, walls or landscaping. The Land Use Board shall determine that the developer has made every effort to design a development which is visually pleasing.
(b)
Quality of design. The nature, size, shape, lighting and style of signs and of street and recreation area furnishings shall be found to be in good taste, creating a sense of harmony. The layout shall be designed to avoid the appearance of congestion or sprawl (i.e., natural breaks in the development pattern to give definition to nodes of differing land use: residential, open space, recreation or service areas). Aesthetically pleasing natural features shall be protected and enhanced.
(c)
Lighting and safety features. Proper lighting promotes safety and can attractively illuminate. Special attention shall be given to lighting for steps, ramps, intersections or any potentially hazardous location. Lighting shall not be aimed directly into the windows of a mobile home or manufactured home or directly into patios thereof.
(15)
Buffers and landscaping.
(a)
Perimeter buffer intent. Mobile home parks are typically adjacent to lower density residential development or land zoned for lower density residential development. It is the intention of this section to use larger boundary setbacks and existing or proposed landscaping to provide adequate buffering between parks and existing or future lower density development. In approving a buffering plan, the Land Use Board shall take into consideration the depth and quality of existing vegetation as supplemented by the developer in determining if adequate screening is provided.
(b)
Existing perimeter vegetation. No trees or vegetation shall be removed from street lines or property setback areas, except for the removal of noxious, dead or diseased materials needed to improve the health of the existing shrubs or to accommodate supplemental landscaping. Clearing for streets, drives, intersection vision or utility installations or similar, required improvements shall be permitted but only to the extent needed to accommodate the improvement and necessary regrading.
(c)
Perimeter buffer standards:
[1]
The minimum standard for a planted buffer, assuming there is no existing perimeter vegetation, is as follows:
[2]
Where existing vegetation is preserved, the minimum buffer quantities listed in Subsection (c)[1] above may be reduced to no less than 1/3 of the total, depending on the quality of the existing materials and their buffering performance. The proposed additional buffer materials will be judged based on compatibility with the existing vegetation and their ability to thrive in the proposed conditions.
[3]
When the perimeter buffer depth is reduced to less than the minimum, the quantities listed in Subsection (c)[1] above must be increased by no less than 1/3 of the total.
[4]
If a screening fence or wall is used, the minimum buffer quantities listed in Subsection (c)[1] may be reduced to no less than 1/3 of the total.
[6]
In calculating the required open space area, 25 feet of the perimeter and setback depth and all of an agricultural buffer is presumed to be dedicated to the buffering function and is not to be counted toward open space.
(d)
Landscaping. Landscaping shall be an essential feature of the mobile home park and shall be used as a means of unifying the total site. Tall trees and massing of plants can be used to create focal points and define public areas. To the fullest extent, shade trees shall be retained or planted at appropriate locations throughout the park and shall be provided along public streets, at least one for each 50 feet of drive and/or street frontage. Additional trees must also be provided when spaces back up to other spaces or facilities in time development. At least one tree for every three lots must be planted along these rear lot areas. Deciduous trees shall have at least one-and-three-fourths-inch caliper at planting; evergreen trees shall be at least five feet tall; and all shrubs, other than dwarf varieties, shall be at least two feet tall at planting.
(e)
Land Use Board review. In reviewing the screening/landscaping plan, the Board shall determine that:
[1]
Erosion-resistant plants are planted for slope areas.
[2]
The extent to which plantings along public roads will buffer noise and light.
[3]
The adequacy of climate control by the use of plants to serve as windscreens in winter and to provide shade in summer.
[4]
The plan makes all possible attempt to break up the vista of long rows of mobile homes and manufactured homes.
[5]
The plan provides for a variety of species to avoid extensive disease or winter-kill losses.
[6]
The plan provides some seasonal variations.
(16)
Development phasing regulations. If the applicant chooses phasing, these regulations shall apply to all mobile home parks:
(a)
The development of open space shall be completed in proportion to match the area of the section for which final approval is sought.
(b)
The length of the development period for the entire park shall be determined by the developer, unless the Land Use Board finds that the proposed time schedule is not reasonable, would create excessive demands on Township services and facilities or would not protect the health, safety and welfare of the community, in which case the Land Use Board shall modify the time for completion accordingly.
(c)
Each section of the mobile home park shall be functionally self-contained and capable of sustained occupancy and maintenance and shall be properly related to utility services to be provided for the completed park.
(d)
Each section shall be covered by performance and maintenance guaranties.
(17)
Conditions for preliminary approval: Prior to the granting of a conditional use and preliminary site plan approval for a mobile home park, the Land Use Board shall find:
(a)
The proposals for maintenance and conservation of open space are reliable and that the space is adequate for the intended purposes.
(b)
The physical layout of the plan provides for public services, traffic control and minimal adverse impacts on the environment during and after construction.
(c)
The development will not have an unreasonably adverse impact upon the area or upon municipal services, or that said development will not be unavoidably adversely impacted by existing land use activities in the area.
(d)
The conditions applied to protect the public and the residents of the completed park are adequate in the case of each phase or stage of development.
(18)
Effect of final site plan approval: In addition to the effects of final site plan approval as noted in § 120-45, in the case of final approval of the site plan for a mobile home park, said approval shall also grant the applicant the right to:
(a)
Make application to the Construction Code Official for the necessary permits to construct the park improvements and the supporting systems for each mobile or manufactured home space.
(b)
To apply to the Township Committee for a license to operate in accordance with the requirements of any licensing ordinance applicable to mobile home parks.
§ 120-127 Motels and hotels.
Motels and hotels shall be permitted as provided in the Schedule of District Regulations and shall comply with the following conditions:
A.
In addition to sleeping units, a motel or hotel may contain as an accessory use restaurant(s), cocktail lounge(s), meeting or conference rooms or facilities, swimming pool(s), a health club, cabanas, personal service shops, newsstand, shops for retail sale of gifts, sundries, newspapers, books and periodicals, limited food items such as candy, gum, cookies, soft drinks or bottled water; provided, however, that all such shops are sized and primarily intended for use or service to the motel or hotel's guests, visitors or patrons. The Land Use Board may stipulate limitations on the size of such accessory uses in order to assure compliance with the stated intent. No food or refreshment shall be sold, vended or served through any opening in any building or part of building to the outside. The complete transaction and delivery of any food or refreshment shall be conducted within the principal building.
B.
The maximum gross density of any motel or hotel development shall be based upon one unit per 2,500 square feet of gross land area for the site involved. Not less than 20% of the site involved shall be maintained in open space free of parking or loading areas, driveways, and structures, except recreational facilities such as swimming pools, tennis courts, playgrounds or golf courses, or similar facilities or uses.
C.
The minimum floor area of a sleeping unit shall be 270 square feet.
D.
All motels and hotels shall comply with the following special design requirements:
(1)
Every building containing sleeping units on or above a second story shall be equipped with one or more elevators.
(2)
Sufficient laundry, drying, garbage pickup and other utility areas shall be provided and shall be so located with consideration to both convenience and to minimizing the detrimental effect on the aesthetic character of the development and its surroundings and shall be enclosed and shielded from view by fencing or walls with shrubbery of at least six in height at the time of planting around the perimeter of the site. Fencing and walls shall not be more than 15% open on the vertical surface.
(3)
A buffer strip of 10 feet in depth, free of any improvements other than access driveway entrances and exits, plantings and landscaping and permitted signs shall be maintained along all property liens except those property lines coexistent with the street right-of-way lines. Said buffer area width shall be increased to 20 feet along any property line adjacent to a residential zoning district or property used for residential purposes.
(4)
All motel or hotel developments shall be served by an approved public or quasi-public sanitary sewer system as required by this chapter and other ordinances and regulations of the Township of Deerfield. In terms of potable water supply, sufficient supply shall be provided for fire suppression as deemed necessary by the local fire officials.
(5)
All motel and hotel developments shall be suitably landscaped with liberal and functional landscaping plan or scheme. Interior roads, parking areas and pedestrian walks shall be provided with shade trees which are of an appropriate size and character to afford shade as intended within a reasonable period of time from their planting. Open space adjacent to buildings and walls between buildings and border strips along the side of pedestrian walks shall be graded and seeded to provide a thick stand of grass or other plant material. Approaches to dwelling structures and entrance areas shall also be suitably landscaped. All other areas not used for buildings, terraces, drives and parking or loading areas shall be seeded or landscaped and shall be kept in an attractive condition.
(6)
Interior development roads, parking areas, entrance ways, and pedestrian walks shall be provided with sufficient illumination to minimize hazards to pedestrians and motor vehicles utilizing the same and the lighting provided shall, where necessary, be shielded to avoid disturbing glare to occupants of buildings or adjoining properties. Lighting shall be so arranged as to reflect away from any adjoining properties.
(7)
All swimming pools shall be constructed in accordance with the provisions of § 120-117 of this chapter.
(8)
No building containing sleeping units shall be closer than 10 feet from any proposed interior roadway nor closer than 10 feet from any proposed parking area.
(9)
Driveways shall not be less than 20 feet nor more than 36 feet in width as measured at the property lines. Driveways must be at least 10 feet from any side lot lines.
(10)
The entire area of the site traveled or used for parking by motor vehicles shall be hard surfaced with cement or macadam.
E.
Whenever a restaurant or restaurants locate adjacent to a motel or hotel, the Land Use Board may consider patronage of same by guest of the motel or hotel in calculating the number of parking spaces required for the restaurant(s) involved.
§ 120-128 Multifamily dwelling or townhouse developments.
The Land Use Board may permit multifamily dwellings and dwelling developments when, beside complying with the provisions of this section, the proposed development is determined to meet an existing housing need, will not be unreasonably detrimental to the environment or have an adverse effect(s) on surrounding uses or the community in general, and is located on land provided with public sanitary sewer. All such developments shall comply with the following:
A.
Gross density for any development shall not exceed eight units per acre.
B.
A minimum of 25% of the total area of a multifamily dwelling development, exclusive of normal dwelling dooryards, buffer strips, parking areas, street rights-of-way and driveways, shall be designated for common recreational purposes. No one recreational area shall be less than 10,000 square feet in area nor less than 100 feet in its narrowest dimension. Each recreational area shall be located conveniently to the development's dwelling units and shall be designed and established as permanent open space or recreational area. In the case of a single multifamily dwelling, the minimum lot size shall be no less than 1/2 acre per unit contained within the multifamily dwelling. Maximum lot coverage shall not exceed 50%.
C.
All recreational area shall be improved by the developer, including equipment, lighting, walkways and landscaping. The Land Use Board, in reviewing the plans, shall determine that the recreational area is suited to its intended use in terms of the environment and will meet the needs of the project's inhabitants. Not more than 50% of the recreational area shall be in one or more of the following: a floodplain, areas with a slope greater than 10%, watercourses or other areas unsuitable for recreational purposes due to environmental considerations.
D.
Maintenance of the open space and recreational areas of a multifamily dwelling project shall be the responsibility of the development's owner(s). Enforcement of maintenance of said areas shall be in accordance with the provisions of § 120-79 of this chapter.
E.
Every building shall have a minimum setback of 15 feet from any private interior road, driveway or parking area.
F.
Sufficient laundry, garbage and trash collection, and other utility areas shall be provided in locations convenient to all occupants. Facilities for the collection and storage of source-separated recyclable materials shall be provided pursuant to the following regulations:
(1)
There shall be included in any new multifamily housing development that requires subdivision or site plan approval, an indoor or outdoor recycling area for the collection and storage of residentially generated recyclable materials. Any such area or enclosure shall be constructed and maintained in compliance with all applicable state and local fire regulations, codes and subcodes. The dimensions of the recycling area shall be sufficient to accommodate recycling bins or containers of adequate size and number, and which are consistent with anticipated usage and with current methods of collection in the area in which the project is located. The dimension of the recycling area and the bins or containers shall be determined in consultation with the municipal recycling coordinator, and shall be consistent with the district recycling plan adopted pursuant to Section 3 of P.L. 1987, c. 102 (N.J.S.A. 13:1E-99.13) and any applicable requirements of the Township's Master Plan adopted pursuant to Section 26 of P.L. 1987, c. 102.
(2)
The recycling area shall be conveniently located for the residential disposition of source separated recyclable materials, preferably near, but not separated from, the refuse container(s) provided on site.
(3)
The recycling area shall be well lit and safely and easily accessible by recycling personnel and vehicles. Collection vehicles shall be able to access the recycling area without interference from parked cars or other obstacles. Reasonable measures shall be taken to protect the recycling area, and the bins or containers placed therein, against theft.
(4)
The recycling area and the bins or containers placed therein shall be designed to provide protection against adverse environmental conditions that might render the collected materials unmarketable. Any bins or containers that are used for the collection of recyclable paper or cardboard shall be equipped with a lid, or otherwise covered properly, to keep the paper or cardboard dry.
(5)
Signs clearly identifying the recycling area and the materials accepted therein shall be posted adjacent to all points of access to the recycling area. Individual bins or containers shall be equipped with signs indicating the materials to be placed therein.
(6)
Landscaping and/or fencing for screening shall be provided around any outdoor recycling area and shall be developed in an aesthetically pleasing manner.
G.
All multifamily dwelling developments shall be provided with twenty-foot screened buffer area between adjoining properties not used or zoned for residential purposes and all collector or arterial roads as classified in the adopted Township Master Plan.
H.
Access and egress to a multifamily dwelling development shall be limited to one roadway or driveway for every 250 feet of road frontage on a collector or arterial street or road.
I.
The following regulations shall only apply to single multifamily dwellings and/or apartment-unit-style developments:
(1)
There should be no dwelling units below the ground floor level nor above the second story of any structure.
(2)
Facilities, floor area, and number of rooms shall be:
(a)
Each dwelling unit shall contain complete kitchen facilities, toilet, bathing and sleeping facilities and shall have a minimum habitable floor area according to the number of rooms in accordance with the following:
(b)
A maximum of 10% of the total number of units in a completed development may be three-bedroom apartments; up to 50% of the total units in a completed development may be two-bedroom apartments; and the remainder shall be either one-bedroom or efficiency or studio apartments. In the event that the development is to be completed by sections, the above-stated proportions of apartments to single-family units shall be substantially maintained as construction of the development progresses.
(3)
In addition to the required habitable floor area, there shall be a minimum storage area in each building for bicycles, carriages, furniture and similar incidental equipment or items which shall be 70 square feet in area by a minimum of seven feet in height per dwelling unit within the multifamily dwelling building.
(4)
There shall be not more than 16 dwelling units in each building or structure. The facade of any building or structure shall not exceed 60 feet in length unless each increment of 60 feet is interrupted by an angle of at least 45º or an offset of at least five feet.
(5)
Courtyards bounded on three or more sides by the wings of a single building or by the walls of separate buildings shall have a minimum width between any two walls of at least two feet for each one foot of height of the tallest adjacent building or wall bounding the courtyard.
(6)
No apartment development building shall be located within 25 feet of another dwelling structure.
J.
The following regulations shall only apply to townhouse and other multifamily dwelling developments, except duplexes or semidetached dwellings:
(1)
When it is determined by the Land Use Board that an adverse environmental, health or planning impact will not result, the Land Use Board may permit townhouse or multifamily dwellings on smaller tracts, provided that no tract is less than five acres, and whenever tract size is less than 10 acres, gross density shall not exceed four dwelling units per acre. Said reduction, when found reasonable and justified based upon facts submitted, shall not be considered to subvert the intent of this section, chapter or the Township's adopted Master Plan.
(2)
When a townhouse or multifamily dwelling development is permitted, each dwelling unit in such a project shall have a minimum habitable floor area of 900 square feet and shall be provided with a private yard area of not less than 500 square feet which shall be screened by fencing, plantings or walls to a height of not less than six feet. Such fencing or screening requirements may be waived when decks, balconies or other suitable private, outdoor area are provided or in the interest of permitting solar access.
(3)
No block or grouping of townhouses or dwelling units shall be closer than 35 feet to any other block or grouping.
(4)
A townhouse or multifamily dwelling developments shall maintain a continuity and harmony of design and construction throughout the project and with its natural and man-made surroundings. No less than four dwelling units nor more than eight shall be included in one continuous, attached block or grouping of units. Variations of townhouses or dwelling units shall be encouraged or such other means of visual shifts or offsets shall be provided. Street furniture, signs, lighting facilities and other facilities common to townhouse or multifamily dwelling developments shall be similar and comparable in design.
(5)
Directional or structure identification (or name) signs shall be permitted upon review and approval of the Zoning Officer when said signs do not exceed six square feet in area and will not create visual impairment for traffic.
§ 120-129 Planned commercial centers.
A.
Planned commercial centers shall be classified as one of the following:
(1)
Neighborhood centers encompassing not less than three nor more than 10 acres and designed to provide for the sale of convenience goods such as food, drugs, sundries, and personal services such as cleaning of clothes, photo developing, hairstylists or beauty shops, medical or dental offices, banks, real estate and post offices, and similar uses.
(2)
Community centers involving 10 acres or more, and/or 100,000 to 300,000 square feet of gross floor area, including a supermarket, drug, variety, or hardware store, or similar anchor store, and other smaller retail or commercial uses. For purposes of this section the term "community" shall mean that the center is sized and designed to serve the needs of the residents within the Township and within adjoining municipalities.
(3)
Regional shopping center encompassing between 30 acres and 50 acres or more and one or more full-line department stores of 100,000 square feet of gross leasable area (GLA).
B.
The following standards shall apply to all planned commercial centers:
(1)
Any planned commercial center shall be designed to blend with its environs, man-made and natural, and be designed as a unified whole with harmony of design and architecture and in its overall layout including landscaping and other facilities provided for use by the occupants or customers of the center. If the center is to include more than one building, then all buildings shall be located, designed and constructed to compliment other structures within the center, and/or be landscaped to sufficiently to make the center appear from adjoining streets as one entity. Structures erected on pad sites within a center shall attempt to blend with the design and architectural style of the main center structure(s). Pad sites are areas within a center reserved for the future development of a freestanding commercial uses.
(2)
No more than 30% of the lot area shall be occupied by principal uses and not more than 5% by accessory uses, excluding parking and loading areas; and if the center consists of more than one building or structure (although same may be divided into separate units), said buildings or structures shall be separated by not less than 15 feet.
(3)
All planned commercial centers shall abut and have their principal access onto a collector or arterial road. Access shall be limited to one driveway per every 500 feet of road frontage for a regional or community center and 200 feet for a neighborhood center.
(4)
The minimum set back for any planned commercial center from any public right-of-way shall be 30 feet.
(6)
Landscaped and planted areas providing adequate screening shall occupy a space at least 20 feet in width between parking areas and adjoining road right-of-way lines and property lines abutting a residential zoning district or residentially used property; and a space of 10 feet in width separating each double-tiered parking bay.
(7)
All planned commercial centers shall provide the following:
(a)
Areas and facilities for the collection of solid waste which shall be appropriate screened and buffered.
(b)
Fire zones designed to facilitate easy access to structure for emergency vehicles. Such zones shall be approved by the appropriate local fire officials and, if applicable, in compliance with any municipal ordinance related thereto.
(c)
Structure and property illumination designed to protect adjoining properties, streets or sensitive and scenic areas from direct glares or excessive light.
(d)
Adequate screening or buffering to protect adjoining properties and roadways from direct glare from vehicular lights and wind borne debris or trash.
(f)
Provision of suitable sanitary sewer disposal and potable water supply appropriate to the size and nature of the proposed commercial uses to be allowed therein.
(9)
In neighborhood centers served by public sanitary sewer, residential units may be permitted as an accessory use when approved by the Land Use Board, provided that said units meet the following standards:
(a)
Where applicable, residential units shall be in compliance with the residential density standards for the zone district in which they are to be located. In no case shall the density be less than one unit per half acre of land involved in the parcel whereon the neighborhood commercial center is to be located, or not more than one residential unit permitted for each commercial use permitted within the neighborhood commercial center, whichever is less; but in any case the total number of residential units shall not exceed 12 units per neighborhood commercial center.
(b)
Residential units shall be located above the commercial uses and accessory thereto and shall offered initially to employees, owners and managers of the commercial uses within the neighborhood commercial center. The Land Use Board may permit other occupants for the residential units.
(c)
Additional parking facilities shall be provided for the residential units in addition to those required for the commercial uses as set forth in § 120-113 herein.
(d)
Residential units shall be not less than 900 square feet of habitable floor area.
(f)
A minimum of 20% of the lot area involved shall be provided with a landscaped, fenced, open space area for the use and enjoyment of the residents and users of the planned neighborhood center. Said open space area shall contain benches, tables, playground equipment or other amenities suitable and designed to permit limited recreational use of the area. No such open space area shall be less than 10,000 square feet or narrower in width than 100 feet at any point. Not more than 50% of such recreational/open space area shall be considered to be environmentally sensitive lands as defined by § 120-119B of this chapter.
(10)
No planned commercial center shall be permitted adjacent to an existing neighborhood center. In connection with all planned commercial centers, the Land Use Board may require a marketing analysis in order to determine whether the proposed center is designed to meet the intent of this section and the existing or projected need. The Board may request at the applicant's expense that a consultant of its choosing be obtained to perform or analyze the market analysis. It shall be the responsibility of the applicant to demonstrate the need for the proposed commercial center and reasonably justify its establishment based on the standards and regulations provided herein this section.
(11)
Uses permitted within a commercial planned center shall be limited to general retail including fast-food outlets and restaurants and service businesses, professional, business and financial offices, banks, entertainment and recreational facilities, movie theaters, fitness centers, motels and hotels, and similar uses. No use shall be permitted within a center if said use is not a permitted use within the zoning district in which the center is located.
§ 120-130 Planned developments of regional impact.
A.
Purpose. The purpose of this section is to provide specific design standards for large scale planned developments permitted under § 120-119 (cluster developments), § 120-124 (industrial parks), § 120-126D (mobile home parks), § 120-128 (multifamily dwelling projects), § 120-129 (planned regional commercial centers), and § 120-130 (planned developments) of this chapter and other similar developments. The standards provided herein are designed to promote the objectives and integrity of the Deerfield Township Master Plan as adopted. Specifically, the purposes of this section are:
(1)
To allow flexibility in minimum lot sizes, setbacks and distribution of uses;
(2)
To insure that departures by the proposed development form zoning regulations otherwise applicable to the subject property conform to the Zoning Ordinance standards pursuant to N.J.S.A. 40:55D-45.1 of the Municipal Land Use Law, Chapter 291 of the State of New Jersey;
(3)
To insure that provisions through the physical design of the proposed development for public services, control over vehicular and pedestrian traffic, and amenities of light, air, recreation and visual enjoyment are adequate;
(4)
To insure that the proposed development will not have an unreasonably adverse impact upon the area in which it is proposed to be established;
(5)
That, in the case of a proposed development which contemplates construction over a period of years, the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development are adequate;
(6)
To enable the maximum protection of natural resources; and
(7)
To enable the provision of affordable housing for low- and moderate-income households.
B.
Applicability. All proposed developments herein defined shall be governed by all applicable standards in this chapter. The standards herein this section defined shall be applied in addition to those standards for specific uses in the applicable sections of this chapter. In the case of conflict or overlapping standards, the more stringent standard shall apply. The following proposed developments are herein deemed to be developments of regional impact and are hereby governed by this section:
(1)
All single-use, residential cluster developments of 50 acres or more in area. Those proposed developments defined as either planned development, planned unit residential development, mobile home park, or residential cluster under this chapter of at least 100 acres in size are herein governed by this section, in addition to other such large-scale residential developments that substantially meet the above definition.
(2)
Industrial parks of 75 acres or more in area. Those proposed developments governed by § 120-124 of this chapter and defined in said chapter as either planned commercial developments or planned industrial developments of at least 75 areas in size are herein governed by this section.
(3)
Planned unit or planned unit residential developments. Planned unit developments or planned unit residential developments as provided for in § 120-131 of this chapter or those developments that propose a ratio of nonresidential uses to residential use and are of at least 50 acres in area are herein govern by this section.
C.
General provisions and requirements.
(1)
Sanitary public sewerage, if available and permitted, or community sanitary sewerage shall be immediately accessible to the project site at the time of application. Public sewerage is defined as sewer service that physically links individual buildings to a central treatment plant elsewhere in the Township. Community sewerage is defined as sewer service linking individual buildings to a treatment facility serving only the proposed development (such as a package treatment plant).
(2)
Planned developments of regional impact shall not be serviced by on-site, subsurface, wastewater treatment systems (septic systems).
(3)
Uses permitted in the development of regional impact shall be those permitted in the particular zoning district, per the Schedule of District Regulations.
(4)
Overall or gross density of the Planned development of regional impact shall be governed by that required in the particular zoning district, per the Schedule of District Regulations.
(5)
Industrial and commercial buildings lot coverage in any planned developments of regional impact shall not exceed 50% of gross project area. Building lot coverage shall be interpreted to mean that area composed of buildings, impervious surfaces, required buffers, infrastructure, and stormwater management facilities.
(6)
The amount, management, and type of ownership of required open space shall be governed by the appropriate sections of this chapter, except that any buffers, landscaping or vegetative mitigation herein required are not included in the calculation of open space set-aside.
(7)
Net density, or minimum lot size, of planned developments of regional impact shall be set based upon review and approval of the Land Use Board within the stated purposes of this chapter and other appropriate ordinances in effect.
D.
Design standards. Planned developments of regional impact shall conform to specific elements of design unique to the scale of the proposed development.
(1)
Residential layout.
(a)
The safety of the residents shall be the primary concern in determining the overall residential layout;
(b)
The placement and concentration of structures and uses on the site shall be arranged to maximize a sense of privacy and compatibility between abutting land uses;
(c)
The placement, bulk, and design of structures and uses shall be arranged to minimize conflict between abutting uses and exposure to nuisance factors, such as noise, glare, and to maximize privacy for residents and neighbors;
(d)
A naturally vegetated buffer of at least 300 feet shall be maintained between residential and nonresidential uses. This buffer may be included in the calculation of required open space. The Land Use Board may allow for flexibility in the uniformity of the buffer strip but in no case shall the gross area of required buffer be reduced;
(e)
A naturally vegetated buffer of at least 300 feet shall be maintained between residential structures and existing public road rights-of way, exclusive of proposed local access streets serving only the proposed development. This buffer shall not be included in the calculation of required open space. The Land Use Board may allow for flexibility in the uniformity of the buffer strip but in no case shall the gross area of required buffer be reduced;
(f)
The overall site plan shall promote innovative design, and wherever possible, energy conservation;
(g)
The overall site plan shall preserve sensitive environmental elements and respond to the site's original character. Sensitive environmental elements shall include, but not be limited to, features such as floodplains, wetlands, natural drainageways, or habitat deemed important to state, or federally listed threatened or endangered species; and
(h)
All live trees of at least six inches in diameter, measured 12 inches from the base of the tree, that are proposed for removal or destruction shall be replaced on a ration of ten to one (destroyed trees to replacement trees) on a previously barren section of applicant's property or on a location suitable to the applicant and the Land Use Board. Specific species utilized for tree mitigation will approximate the distribution by specie and relative number of trees that are proposed for removal.
(2)
Nonresidential layout:
(a)
The nature, placement and design of nonresidential uses on the site shall be arranged to minimize traffic and nuisance impacts on residents and neighbors of the development;
(b)
Nonresidential uses shall be visually compatible with other structures within the viewshed and with the overall image of the property;
(c)
A naturally vegetated buffer of at least 1,000 feet shall be maintained between all residential and nonresidential uses. This buffer shall not be included in the calculation of required open space. The Land Use Board may allow for flexibility in the uniformity of the buffer strip but in no case shall the gross area of required buffer be reduced;
(d)
A naturally vegetated buffer of at least 1,000 feet shall be maintained between nonresidential structures and existing public road rights-of-way, exclusive of proposed local access streets serving only the proposed development. This buffer shall not be included in the calculation of required open space. The Land Use Board may allow for flexibility in the uniformity of the buffer strip but in no case shall the gross area of required buffer be reduced; and
(e)
All live trees of at least six inches in diameter, measured 12 inches from the base of the tree, that are proposed for removal or destruction shall be replaced on a ration of ten to one (destroyed trees to replacement trees) on a previously barren section of applicant's property or on a location suitable to the applicant and the Land Use Board. Specific species utilized for tree mitigation will approximate the distribution by specie and relative number of trees that are proposed for removal.
(3)
Public facilities and services:
(a)
All electric, telephone and communication service facilities, including main and service lines to individual buildings, shall be provided by underground cables, installed in accordance with the prevailing standards and practices of the utility or other companies providing the services except where it is demonstrated to the satisfaction of the Land Use Board that the underground installation required is not feasible because of the physical conditions of the land involved; and
(b)
Fire hydrants shall be installed at the developer's expense as an integral part of the water distribution system at a distance and location approved by the Fire Subcode Official.
(4)
Stormwater facilities:
(a)
All stormwater management facilities shall be designed to accommodate appropriate quantity and quality standards as provided in this chapter and the Cumberland County Subdivision and Site Plan Regulations.
(b)
The area made necessary by the provision of stormwater facilities shall not be included in the calculation of required open space.
E.
Submission requirements for general development plan.
(1)
A general development plan, as authorized by N.J.S.A. 40:55D-45-1 et seq., shall be submitted to the Land Use Board, prior to the granting of preliminary subdivision approval, for all planned developments of regional impact, making their development subject to the terms of the general development plan procedures specified herein.
(2)
General development plan contents:
(a)
A general land use plan indicating the tract area and general locations of the land uses to be included in the planned development. The total number of dwelling units and amount of nonresidential floor area to be provided and proposed land area to be devoted to residential and nonresidential use shall be set forth. In addition, the proposed types of nonresidential uses to be include in the planned development shall be set forth, and the land area to be occupied by each proposed use shall be estimated. The density and intensity of use of the entire planned development shall be set forth, and a residential density and a nonresidential density floor area ratio shall be provided. All required vegetated buffer areas shall be clearly depicted and identified in a manner as to clearly distinguish them from required open space areas:
(b)
A circulation plan showing the general location and types of transportation facilities, including facilities for pedestrian access within the planned development and any proposed improvements to the existing transportation system outside the planned development;
(c)
An open space plan showing the proposed land area and general location of parks and any other land areas to be set aside for conservation and recreational purposes and a general description of improvements proposed to be made thereon, including a plan for the operation and maintenance of parks and recreational lands;
(d)
A utility plan indicating the need for and showing the proposed location of sewerage and waterlines, and drainage facilities necessitated by the physical characteristics of the site, proposed methods of handling solid waste disposal; and a plan for the operation and maintenance of proposed utilities;
(e)
A stormwater management plan setting forth the proposed method of controlling and managing the quantity and quality of stormwater on the site;
(f)
An environmental inventory including a general description of the vegetation, soils, topography, geology, surface hydrology, climate, and cultural resources of the site, existing man-made structures or features and the probable impact of the development on the environmental attributes of the site. All regulated wetlands and species habitat shall be shown with state-approved wetlands delineation;
(g)
A community facilities plan indicating the scope and type of supporting community facilities which may include, but not be limited to, educational or cultural facilities, historic sites, libraries, hospitals, firehouses and police stations;
(h)
A housing plan outlining the number of housing units to be provided and the extent to which any housing obligation assigned to the Township pursuant to N.J.A.C. 52:27D-301 et seq., will be fulfilled by the development;
(i)
A local services plan indicating those public services which the applicant proposes to provide and which may include, but not be limited to, water, sewer, cable and solid waste;
(j)
A fiscal report describing the anticipated demand on municipal services to be generated by the planned development and any other financial impacts to be faced by the municipality or school districts as a result of the completion of the planned development which will accrue to the county, municipality, and school district according to the timing schedule provided under Subsection K of this section, and following the completion of the planned development in its entirety;
(k)
A proposed timing schedule in the case of a planned development whose construction is contemplated over a period of years, including any terms or conditions which are intended to protect the interests of the public and the residents who occupy any section of the planned development prior to the completion of the development in its entirety;
(l)
A landscaping plan detailing the location, type, size, and extent of vegetative cover and plantings to be utilized in the planned development; and
(m)
A tree mitigation plan detailing an inventory of pre-development trees by location, specie and size; and a depiction of the location and type, specie and number of replacement trees.
(n)
A municipal agreement, or written agreement between the Township and the developer relating to the planned development.
F.
General development plan approval procedure. The Land Use Board shall grant or deny general development plan approval within 95 days after submission of a complete application to the administrative officer, or within such further time as may be consented to by the applicant.
G.
Effect of general development plan approval.
(1)
The term of the effect of the general development plan approval shall be determined by the Land Use Board, which shall take into consideration the following factors in making its determination: the number of dwelling units and size of the land area, the prevailing economic conditions of the market, the proposed phasing schedule for the project and likelihood of its completing the proposed development, the specific contents of the general development plan, and any conditions which the Land Use Board attaches to its approval.
(2)
The term of the effect of the general development plan approval shall not exceed five years from the date of final approval of the planned development.
H.
Modifications to the general development plan.
(1)
In the event that the developer seeks to modify the proposed timing schedule, such modification shall require the approval of the Land Use Board.
(2)
If after approval of the general development plan, the developer wishes to make any variation in the location of land uses within the planned development, or, to increase the density or floor area of residential development, or change the location of nonresidential land uses within any section of the planned development, the developer shall be required to gain the prior approval of the Land Use Board.
I.
General development plan certification upon completion.
(1)
Upon the completion of each section of the development, as set forth in the approved general development plan, the developer shall notify the administrative officer, by certified mail, as evidence that the developer is fulfilling his obligations under the approved plan. For the purpose of this section, "completion" of any section of the development shall mean that the developer has acquired a certificate of occupancy for every residential unit or every nonresidential structure, as set forth in the approved general development plan and pursuant to Section 15 of N.J.S.A. 52:27D-133. If the Township does not receive such notification at the completion of any section of development, the Township shall notify the developer, by certified mail, in order to determine whether or not the terms of the approved plan are being complied with herein.
(2)
If a developer does not compete any section of the development within eight months of the date provided for in the approved plan, or if at any time the Township has cause to believe that the developer is not fulfilling his obligations pursuant to the approved plan, the Township shall notify the developer, by certified mail, and the developer shall have 10 days within which to give evidence that he is fulfilling his obligations pursuant to the approved plan. The Township thereafter shall conduct a hearing to determine whether or not the developer is in violation of the approved plan. If, after such a hearing, the Township finds good cause to terminate the approval it shall provide written notice of same to the developer and the approval shall be terminated 30 days thereafter.
(3)
For the purposes of this section, a development shall be considered complete on the date upon which a certificate of occupancy has been issued for the final residential or nonresidential structure in the last section of the development, in accordance with the timing schedule set forth in the approved general development plan, and the developer has fulfilled all of his obligations pursuant to the approval.
J.
Preliminary approval. All planned developments shall be subject to the development review procedures specified in this chapter and shall require preliminary approval of a subdivision plat and site plan in accordance with this chapter.
K.
Fees and performance guaranties.
(1)
The Land Use Board shall require the posting of adequate performance guaranties to assure the installation of the required improvements or the conditions approved by the Land Use Board as part of the preliminary approval. All performance guaranties shall comply with the procedures and requirements for same as specified in this chapter.
(2)
An application fees and escrow amounts set forth herein this chapter shall be paid or posted in a timely fashion as required.
(3)
The amount of escrow fees required for conceptual, sketch, preliminary and final development plan approval shall be determined based upon the hourly fees of the consultant(s) hired.
§ 120-131 Planned unit and planned unit residential development.
As provided in the Schedule of District Regulations, planned unit and planned unit residential developments shall be permitted according to the following conditions:
A.
Planned unit residential developments (PURD). A planned unit residential development is a planned development which includes a variety residential dwelling types and open space and contains a minimum of 50 acres of contiguous land with a minimum of 500 feet of frontage on an arterial roadway as defined by the adopted Township Master Plan. A PURD may also contain not more than 10% of it area in commercial use. Any such commercial use shall be developed as either a planned neighborhood or community commercial center as provided in § 120-129 herein this chapter.
B.
Planned unit development (PUD).
(1)
A planned unit development involves a variety of residential dwelling types, commercial, industrial and open space and contains a minimum of 100 acres of contiguous land with a minimum of 500 feet of frontage along an arterial roadway as defined in by the adopted Township Master Plan. All uses within a planned unit residential development shall grouped into separate land use areas and developed according to planned development standards applicable to the particular land use as contained in this article.
(2)
Any planned unit or planned unit residential development shall meet the following conditions:
(a)
Any residential dwelling type may be permitted provided that the overall gross density of the planned development shall not exceed eight dwelling units per acre. Net dwelling unit densities shall be based on the type of dwelling units to be provided and shall not exceed the following net densities:
Type of Dwelling | Net Density | |
|---|---|---|
Single-family, detached units designed as cluster development subdivisions | 4 units/acre | |
Duplex and semidetached units | 6 units/acre | |
Townhouses and multifamily units excluding apartments | 10 units/acre | |
Apartments | 12 units/acre |
(b)
A minimum of 20% of the dwelling units within a planned unit or planned unit residential development shall be single-family, detached dwellings. A maximum of 50% of the dwelling units within a planned unit residential development may be two-family, multifamily, townhouse or semidetached dwellings. A maximum of 40% of the dwelling units within a planned unit residential development may be garden or mid-rise apartment structures.
(c)
The amount of land within any planned unit or planned unit residential development devoted to residential purposes shall be defined as that amount of land which remains after deduction of the lands required to be devoted to other uses permitted under the provisions of this section.
(d)
All development of residential, commercial and/or industrial uses as permitted herein shall be designed and developed in accordance with the provisions for the said uses' development proposed within a planned unit or planned unit residential development as applicable: cluster developments, § 120-119; duplex or semidetached dwelling, 120-121; industrial parks, § 120-124; multifamily dwelling projects, § 120-128; and planned commercial centers, § 120-129 of this chapter, excluding requirements for open space provision as contained in the cited sections.
(e)
Not less than 20% of the gross area of any planned unit or planned unit residential development shall be provided as conservation, open space, recreation and park area or other public purposes. Land utilized for street rights-of-way, driveways, parking or loading areas, dooryards, essential services or utility facilities, and required setback or buffer strips shall not be included as part of the above required 20%. Said 20% open space shall be in accordance with the following provisions:
[1]
Not more than 50% of the total open space saved shall be located in one or more of the following: a floodplain, areas with a slope greater than 10%, watercourses or bodies of water, wetlands, or other areas deemed unsuitable to recreational purposes due to environmental reasons as made evident by the Land Use Board's review of the environmental impact statement required to be submitted.
[2]
At least 50% of the total open space saved shall be used for one or more of the following active recreational purposes: golf course, swimming pool, game courts or playing fields, or other active recreational facilities or sites.
[3]
The remaining portion of open space saved shall be permanently devoted to one or more of the following open space uses: parks and playgrounds, woodland conservation areas, game preserves, wild fowl refuges, pedestrian walkways; bicycle trails (excluding motorized cycles) and bridle trails, stream corridor preservation and conservation areas; and wetland areas or buffers, watershed protection or flood control areas.
[4]
The provisions made within a planned unit residential development for open space shall be reviewed and found adequate and approved by the Land Use Board. In its review, the Land Use Board shall investigate the size of parcels devoted to open space and recreational areas, their location within the development, the topography, the uses contemplated upon such open space and recreational areas, configurations of such parcels under consideration, facilities and improvements to be provided, the provisions made for maintenance and access to said parcels, traffic flow around said parcels, the ecological aspects, the staging or timing of the open space and recreational area development and how various categories of recreational facilities or open space and their location will be proportionally related to the staging of the development of housing units if such staging is proposed.
(f)
All planned unit or planned unit residential developments shall comply with the provisions of Article IX of this chapter.
(g)
All planned unit or planned unit residential developments shall comply with the provisions of § 120-130, Planned developments of regional impact.
(h)
All planned unit or planned unit residential developments shall be served by public sanitary sewer system and a public or private potable water supply system.
§ 120-132 Planned highway business district development.
All commercial development within the HB-2 Planned Highway Business Zoning District shall comply with the following conditions:
A.
Intent and purpose. It is the intent of this section to recognize existing highway business development along State Highway 56, locally known as Landis Avenue, and to require any new development and the expansion, renovation or additional development of existing developments to plan said developments so as to accomplish the following purposes:
(1)
Preserve the traffic carrying capacity and safety of Route 56, a major arterial roadway, by reducing the number of openings onto said roadway and better coordination of their location as well as encouraging shared use of access drives by more than one site;
(2)
To reduce and limit urban sprawl and strip development along the highway through more efficient use of the lands zoned for commercial development, the limitation of lands so zoned along the highway and to preserve the roadway as scenic vista which offers breaks in intense highway commercial activity thereby providing definition to development versus more open areas;
(3)
To require site planning for new and existing developments which considers how to utilize the entire parcel of land within said HB-2 zoning district and not just that portion of the lot which abuts the roadway frontage through innovative, efficient design techniques to assure maximum use of the lands involved;
(4)
Encourage the sharing of facilities, coordination of required services, improvements and amenities, and recognition of adjoining land use activities between lots which abut the state highway so as to advance and promote the above noted-purposes; and
(5)
To require the consideration of overall planning between different land uses seeking to maximize their proximity to a major traffic artery and in so doing, advance orderly growth and development which increases development potential while protecting community character and site utilization for permitted commercial land use activities.
B.
Special design requirements. All proposed commercial developments on lots abutting State Highway 56 in the PHB Planned Highway Business zoning district shall comply with the following conditions:
(1)
All lots shall have a minimum of 300 feet of frontage. In the case of existing lots, consideration shall be given to sharing access with an adjoining property or the creation of a new street to permit such shared access.
(2)
All lots shall attempt to provide share services, facilities or amenities including site access with adjoining commercial developed lots. Such shared activities shall be in accordance with the provisions of Articles IX and XI and include such items as highway access, driveways, parking or loading areas, lighting, signs, utilities, landscaping and buffering or screening, and building orientation.
(3)
All adjoining lots shall be interconnected where possible to discourage traffic from one site to go to another without having to reenter the state highway.
(4)
Placement of structures, facilities such as parking or waste disposal areas, and other amenities shall be coordinated to permit possible future shared use or interconnection by locating same adjacent to similar areas on adjacent lots to the greatest extent practical.
C.
Site plan details required. In addition to the requirements to be shown on a site plan as required by § 120-52 of this chapter, the following additional details shall be provided:
(1)
Details of how the entire tract of land will be able to be utilized if the proposed new development for which the site plan is being submitted is to be located in just a portion of the property. Said details shall include how the entire lot or tract shall ultimately be accessed, provided of utilities, and not landlocked or wasted in terms of development potential since there is a finite amount of frontage along the state highway.
(2)
Location and orientation of proposed development shall be designed and shown to assure future expansion into unused portions of the lot or tract and show consideration to such future expansion in terms of vision from the highway, access and sign placement and design to accommodate future uses on the lot or tract.
(3)
Identification of existing land use on adjoining properties and specific site use areas, structures or utilities adjacent to the proposed development. To this extent, the site plan shall show all structures, utility locations, or site use areas such as buildings, wells, septic systems, utility lines or facilities, lighting facilities, parking or loading areas or driveways and vacant land within 20 feet of a shared property line.
(5)
Details of why concern with the remainder of the lot is not justified due to physical features of the site that preclude further development such as the presence of environmentally sensitive lands.
D.
Bonus density for shared use or interconnection. Any lots developed for commercial uses within the PHB Planned Highway Business Zoning District which shall show interconnection of properties or the shared use of structures, facilities or amenities as noted herein above which are found acceptable to the Land Use Board shall be granted an increase of 5% in lot coverage density.
E.
The Land Use Board shall find that any proposed commercial development within the PHB Planned Highway Business Zoning District is in compliance with the provisions of this section or has submitted proof of the inability of meeting the requirements of Subsection B herein which is found reasonable to the Board.
§ 120-133 Professional office center.
Professional office centers may be established in accordance with the provisions of the Schedule of District Regulations and subject to the following requirements:
A.
Any such center shall be designed as a whole or complete complex with all structures or units having a uniformity of design and bearing architectural and aesthetic relationship to each other when more than one structure is proposed.
B.
Such centers may provide office space to insurance companies, banks, financial institutions, businesses and industries, professional corporations or associations, partnerships or individuals, including but not limited to lawyers, doctors, dentists, architects, land surveyors, engineers, planners or other recognized professions, brokerage firms, real estate firms or other companies, firms or operations requiring office space.
C.
Accessory uses.
(1)
In addition to providing office space for such uses as those set forth in Subsection B hereinabove, space may also be provided for such accessory uses to the offices as follows: radiology or medical laboratories intended to serve the needs of the patients of doctors or dentists having office space within the complex, eye wear sales and repair services, newsstands, a restaurant or food take-out service primarily serve the needs of the complex's occupants and their patrons, a drugstore, office supply store, reproduction or copy center and such other uses as found to be incidental and customarily associated to the offices located within such a center.
(2)
The size and location of such accessory uses shall be determined by the Land Use Board, and such uses shall be designed primarily to serve the needs of the center's occupants and patrons and not the general public. All such accessory uses shall, however, when permitted, conform to all standards set forth in this chapter related to the type of use proposed.
D.
The parking and loading areas, common grounds or yard area and other common facilities shall be held in common ownership either by the owner of the center or by tenants and owners associations responsible for their upkeep and maintenance. Such associations' bylaws, articles of incorporation and other pertinent documents related to these issues shall be subject to review and approval of the Land Use Board as would a homeowners' association in the case of a residential development. Such organizations shall be subject to the same requirements as set forth in § 120-79 of this chapter.
E.
No residential use shall be permitted in connection with a professional office center.
F.
All office centers having offices on a second floor or higher shall have at least one elevator per structure.
H.
All such centers shall be suitably landscaped, and all parking areas and pedestrian walkways shall be well lighted. When located adjacent to an arterial and/or major collector road as identified in the Township's adopted Master Plan, parking areas shall not be located, to the greatest extent possible, between said center's structure(s) and the street right-of-way lines of any such arterial or major collector roadway. Buffering shall be required of sufficient density and width to reduce the glare of vehicle lights or noise from the center to cause a nuisance to adjoining properties or road rights-of-way.
I.
In determining whether or not to permit the development of such a center, the Land Use Board shall be guided by the number of existing office space available in the area and the cost of said space in order to determine if a need for such space exists. The developer may be required to submit a detailed needs survey and report with market analysis in order to justify such a center's establishment. Failure to reasonably so justify shall be cause for denial of the application.
J.
Not more than 25% of the total floor area of any such center shall be occupied by nonoffice uses at any one time, nor shall more than 50% of the ground floor of any structure within a center be occupied by nonoffice uses. This requirement is intended to assure that said center remains primarily a professional or business office center and not a planned commercial center or shopping center. In addition, the display of products from any structure in a center shall be primarily aimed at persons walking alongside of said unit or structure and not readily visible or designed to attract the attention of persons traveling along adjacent roadways since all nonoffice uses are intended to serve as accessory uses.
§ 120-134 Public utility.
Public utilities shall be considered to be the facilities, maintenance yards, buildings of utilities which are either public or providing service to the public although privately owned and including generating plants, recycling centers, waste incinerators, treatment plants for water and/or waste, landfills or similar uses or structures. All public utilities shall comply with the following conditions:
A.
In addition to site plan review requirements as provided in § 120-42, the applicant for construction of an essential service shall submit the following information:
(1)
A statement indicating the need and purpose of the installation.
(2)
Proof shall be furnished that the proposed installation in the location specified is necessary for the efficient and convenient operation of the public utility or essential service involved and for the satisfactory and convenient provision of service to the neighborhood or area in which the use is to be located.
B.
The design of any building in connection with an essential service shall conform to the general character of the area in which it is to be located. The applicant shall demonstrate that the proposed use will in no way adversely affect the safe and comfortable enjoyment of neighboring properties.
§ 120-135 Resource extraction.
As provided in the Schedule of District Regulations, no sand, gravel, rock, earth, minerals, clay or other burden shall be moved or extracted until a conditional permit has been granted by the Deerfield Township Land Use Board, a license has been obtained in connection with other applicable ordinances and any other applicable permits are obtained. Applications for conditional use permits shall be made in writing to the Deerfield Township Land Use Board and in addition to any requirements as set forth in Article VIII of this chapter, shall comply with the following:
A.
Any application filed for approval of resources extraction operations shall include at least the following information:
(1)
The applicant's name and address and the applicant's interest in the subject property;
(2)
The owner's name and address, if different from the applicant's, and the owner's signed consent to the filing of the application;
(3)
The legal description, including block and lot designation and street address, if any, of the subject property;
(4)
A description of all existing uses of the subject property;
(5)
A brief written statement generally describing the proposed development;
(6)
A USGS quadrangle map, or copy thereof, and a copy of the Municipal Tax Map sheet on which the boundaries of the subject property;
(7)
A topographic map at a scale of one inch equals 200 feet, showing the proposed dimensions, location and operations on the subject property;
(8)
The location, size and intended use of all buildings;
(9)
The location of all points of ingress and egress;
(10)
A location map, including the area extending at least 300 feet beyond each boundary of the subject property, showing all streams, wetlands and significant vegetation, forest associations and wildlife habitats;
(11)
The location of all existing and proposed streets and rights-of-way, including railroad rights-of-way;
(12)
A soils map;
(13)
A reclamation plan on which is included:
(a)
Method of stockpiling topsoil and overburden;
(b)
Proposed grading and final elevations;
(c)
Topsoil material application and preparation;
(d)
Type, quantity and age of vegetation to be used;
(e)
Fertilizer application including method and rate;
(f)
Planting method and schedules; and
(g)
Maintenance requirements schedule.
(14)
A signed acknowledgment from both the owner and the applicant that they are responsible for any resource extraction activities which are contrary to any provision of this chapter or of the approved resource extraction plan done by any agent, employee, contractor, subcontractor or any other person authorized to be on the parcel by either the owner or the applicant.
B.
Performance and maintenance guaranties required.
(1)
Prior to the issuance of any conditional use permit, certificate of occupancy or license for land mining operation, the owner or operator shall file with the Township Clerk a performance guaranty as provided for in §§ 120-102 and 120-103 of this chapter. The guaranty shall be for an amount equal to the cost of restoration of the area to be excavated during the five-year duration of any approval which is granted.
(2)
Such bond and security shall be accompanied by an agreement signed by the applicant and landowner, if a different individual, granting the Township the right to access to make inspections to insure compliance during periods of operation and to perform all necessary rehabilitation of bonded property in the event of forfeiture of the performance guaranty.
(3)
In the event of default, forfeiture shall be made by the Land Use Board after public hearing on not less than five days' written notice made to the principal and the surety at their last known post office addresses, which notice shall be complete upon mailing.
(4)
The performance guaranty may be released upon satisfactory restoration of the complete project area or portions of the guaranty may be released as proportional stages of restoration are accomplished in accordance with all operating and restoration standards contained in this chapter as well as any approved rehabilitation plan. Release of the performance guaranty shall be in accordance with the provisions of § 120-103. As a performance guaranty is released, it shall be replaced by a maintenance guaranty for a period of two years thereafter.
C.
Resource extraction operations shall be approved for a maximum of five-year periods, provided that the applicant complies with the remaining requirements of the Deerfield Township regulations for resource extraction as exists and as in the future amended, and provided that the applicant can demonstrate that the proposed resource extraction operation:
(1)
Is designed so that no area of extraction, sedimentation pond, storage area equipment or machinery or other structure or facility is closer than:
(2)
Any tract of land to be used for resource extraction operation shall be at least 75 acres in size unless it is contiguous to lands already used by an active land mining operation in which case, the coordination of restoration plans between the new and existing uses will be required. In no case shall a conditional use permit be granted for less than twenty-acre parcels.
(3)
As an integral part of each resource extraction operation, sufficient arable topsoil shall be stored on-site for restoration. Such topsoil stockpiles shall be treated, planted and graded so as to protect same from wind or water erosion.
(4)
Is fenced or blocked so as to prevent unauthorized entry into the resource extraction operation through access roads.
(5)
Provides ingress and egress to the resource extraction operation from public roads by way of gravel or porous paved roadways watered or otherwise treated to minimize dust.
(6)
Is designed so that surface runoff will be maintained on the parcel in a manner that will provide for on-site recharge to groundwater.
(7)
Will not involve excavation below the seasonal high-water table, unless the excavation will serve as a recreational or wildlife resource or a water reservoir for public, agricultural or industrial uses or for any other use authorized in the area in which the site is located, provided that in no case shall excavation have a depth exceeding 65 feet below the natural surface of the ground existing prior to excavation unless it can be demonstrated that a depth greater than 65 feet will result in no significant adverse impact relative to the proposed final use or off-site areas.
(8)
Will be carried out in accordance with an extraction schedule which depicts the anticipated sequence, as well as the anticipated length of time, that each of the twenty-acre units of the parcel proposed for extraction will be worked. This shall not preclude more than one twenty-acre unit from being worked at any one time, provided that there is a demonstrated need for additional units, restoration is proceeding on previously mined units and the area of clearing does not exceed that specified in Subsection C(10) below.
(9)
Will involve restoration of disturbed areas at the completion of the resource extraction operation in accordance with the provisions of § 120-131E herein.
(10)
Will not involve clearing adjacent to ponds in excess of 20 acres or an area necessary to complete scheduled operations; or will not involve unreclaimed clearing exceeding 100 acres for 50% of the area to be mined, whichever is less, for surface excavation at any time.
(11)
Will not result in a substantial adverse impact upon those significant resources documented environmentally sensitive areas. An environmental impact study may be required as per § 120-52D(2)(e).
D.
The following standards and regulations shall be met in connection with production and processing of extracted resources:
E.
All parcels of land which are used for resource extraction operations shall be restored as follows:
(1)
Restoration shall be a continuous process, and each portion of the parcel shall be restored such that the ground cover be established within two years and tree cover established within three years after resource extraction is completed for each portion of the site mined;
(2)
Restoration shall proceed in the same sequence and time frame set out in the extraction schedule required in Subsection C(8);
(3)
All restored areas shall be graded so as to conform to the natural contours of the parcel, to the maximum extent practical grading techniques that help to control erosion and foster revegetation shall be utilized, the slope of surface of restored surfaces shall not exceed one foot vertical to three feet horizontal except as provided in Subsection E(6) of this section;
(4)
Topsoil shall be restored in approximately the same quality and quantity as existed at the time the resource extraction operation was initiated. All topsoil removed shall be stockpiled and used for the next area to be restored, unless it is immediately reused for reclamation that is currently underway;
(5)
Drainage flows, including direction and volume, shall be restored to the maximum extent practical to those flows existing at the time the resource extraction operation was initiated, but in no case shall the finished final condition of the area permit stagnant water to collect;
(6)
Any body of water created by the resource extraction operation shall have a shoreline not less than three feet above and three feet below the projected average water table elevation. The shoreline both above and below the surface water elevation shall have a slope of not less than five feet horizontal to one foot vertical. This requirement shall apply to any water body or portion of a water body created after the date of adoption of this chapter. Where grading would require such disturbance, a reduction in the distance of the graded shoreline above and below the average water table elevation shall be permitted;
(7)
All equipment, machinery and structures, except for structures that are usable for recreational purposes or any other use authorized for the area, shall be removed within six months after the resource extraction operation is terminated and restoration is completed; and
(8)
Reclamation shall to the maximum extent practical result in the reestablishment of the vegetation association which existed prior to the extraction activity and shall include:
(a)
Stabilization of exposed areas by establishing ground cover vegetation; and
(b)
Reestablishment of the composition of the natural forest and shrub types that existed prior to the extraction activity through one of the following:
[1]
The planting of a minimum of 1,000 one-year-old pitch pine seedlings or other native tree species per acre in a random pattern;
[2]
Cluster planting of characteristic oak species, such as blackjack oak, bear oak, chestnut oak and black oak, and shrubs such as black huckleberry, sheep laurel and mountain laurel, at a spacing sufficient to ensure establishment of these species;
[3]
A combination of the planting techniques set forth in Subsection E(8)(b)[1] and [2] above; or
[4]
The use of other planting techniques of native species as may be necessary to restore the vegetation association which existed prior to the extraction activity; and
(9)
Slopes beyond a water body's shoreline shall be permitted at the natural angle of repose to the bottom of the pond.
F.
Existing resource extraction operations shall be defined as any area which has been and, at the time of adoption of these regulations, is being operated as part of the regular business of the operator and/or owner of such land area and shall include the entire tract of land on which the operation is situated (extending to the limits of adjacent properties and/or other contiguous land of the operator).
G.
Waivers from strict compliance form the provisions of this section can be granted by the Land Use Board when said waiver will not impair or reduce the Land Use Board's ability to adequately review plans in connection with information or details to be provided in an application, or adversely affect the environment, neighboring properties or the intent of the adopted Township Master Plan in the case of operation and rehabilitation standards.
H.
Operators of all approved resource extraction operations shall, on a yearly basis, certify in writing and to the satisfaction of the Deerfield Township Land Use Board that all mining and restoration activities have been and continue to be conducted in accordance with the approved extraction plans. In the event that the Land Use Board determines that any such activities deviate from the approved plans, the operator shall immediately cease all mining and restoration activities until such time as the violation is resolved or new extraction plans which reflect the deviation are approved.
I.
In addition to those expenses as delineated in Subsection B, the applicant shall be responsible for costs incurred for services of the Township Engineer, or his designee, to make a yearly inspection of the premises and operations of the applicant so as to verify that said applicant is meeting the terms and conditions of those plans submitted at the time of issuance or renewal of a license as called for in Subsection C. Said amount shall be paid within 30 days of submission of a voucher to the applicant. The inspection shall normally take place within 30 days of each yearly anniversary of the issuance of the license. Failure to make payment of the inspection fee as noted in this section may result in the Township Committee voting to temporarily suspend the license of the applicant until such time as the yearly review fee is paid.
§ 120-136 Roadside stand or artisan's display.
Roadside stands or artisan's displays as defined in § 120-5 may be established as provided in the Schedule of District Regulations and according to the following standards:
A.
Roadside stand. Any property whereon farm produce or plants are grown may establish a roadside stand as provided in the Schedule of District Regulations and subject to the following conditions:
(1)
The parcel proposed for development has road frontage of at least 50 feet with one defined entrance/exit from the road;
(2)
The stand shall be maintained in good repair on a well-kept site and shall maintain no display of goods closer than 40 feet to a road right-of-way line and shall supply adequate on-site parking area;
(3)
The maximum sales area of the establishment shall not exceed 5,000 square feet;
(4)
A minimum of 30% of the produce sold in said market shall be grown on the property whereon the stand is located and the sale of live animals or poultry shall be prohibited.
(5)
A maximum of three temporary off-site signs shall be permitted during periods of operation only, each not more than six square feet in area. Additionally, 48 square feet of identification sign area shall be permitted either on the stand or within 30 feet thereof. All signs permitted in connection with roadside stands shall conform to the provision of § 120-115 of this chapter.
B.
Artisan's display. An area may be established to display the products, artwork, crafts or work of an artist, artisan or craftsperson on the property of their studio or workshop. Such a display may be permitted in the case of a home occupation according the provisions of § 120-110 of this chapter and notwithstanding the provisions of § 120-110A, provided that the items displayed are made on site and are deemed by the Zoning Officer as the work of the artist, artisan or craftsperson residing and/or working at that location. Such an area shall comply with the following regulations:
(1)
A display shall be designed and limited in size and scope to offering examples of the work which is undertaken at the site and/or is for sale thereon. It can take the form of a small table, showcase or step-like platform showing products or the hanging of items from a clothesline, rack or roof, ceiling or gables of a front porch. Such a display shall not exceed 10 by 12 square feet in area. No items shall be so displayed unless the owner thereof is present and open for business except where a showcase is permanently established and items displayed therein are kept secure.
(2)
No additional signs shall be permitted since the purpose of allowing the artisan's display is to advertise the products made there and for sale.
(3)
No self-standing display separate from a structure shall be located closer than 10 feet of any right-of-way or 30 feet of an adjoining property line, nor shall it be located at the intersection of a driveway and/or roadways in such a way as to create a problem for driver vision obstruction and shall comply with § 120-94.
(4)
No display of goods or products not made on site by a resident artist, artisan or craftsperson will be permitted in an artisan's display as permitted by this section.
(5)
Illumination of a display shall be permitted, provided that it not cause glare to adjoining properties or roadways and shall not be of an intensity greater than necessary to permit display and provide security.
§ 120-137 Rural residence.
It is the intent of this section to permit the use of lands currently zoned for agricultural use for residential purposes when it can be reasonably demonstrated to the satisfaction of the Land Use Board that the lands involved are not suited to agricultural use upon which said residence is proposed to be constructed. The subdivision of such lands and development thereon of a single-family, detached residential dwelling may be permitted only in accordance with the following conditions:
A.
Lot size.
(1)
Any parcel to be used for a rural residence shall be a minimum of one acre in size and be suitable for such residential use, which shall mean be environmentally suited to the use proposed. The Land Use Board in considering a subdivision application for a rural residence use may require more or less where existing conditions warrant such increase or decrease in lot size. Conditions that the Board may find to justify an increase or decrease in the above-noted minimum one-acre lot size include, but are not limited to:
(2)
In the case of Subsection A(1)(b)[2], the Land Use Board shall take into consideration the size of the proposed dwelling and on-site soil conditions to assure future suitability of the site for the use proposed.
B.
One of the following three conditions shall be met by the application submitted:
(1)
The land to be utilized is not classified as prime farmland eligible for preservation as identified by the Cumberland County Agricultural Development Board.
(2)
The land in question is not found to be suitable to farming or other agricultural uses due to one or more of the following reasons, but are not limited to:
(a)
Shape of the parcel;
(b)
Acreage owned;
(c)
Significant adjacent development not related to agricultural purposes or activities and which would make farming of the parcel proposed for subdivision difficult or less economically feasible;
(d)
The parcel involved has never been farmed;
(e)
Some other circumstances or factors which make farming or agricultural activities not suited to the parcel in question.
(3)
The creation of a lot for construction of a rural residence on land which is currently being farmed or which was farmed in the past two years will not be allowed unless the residence is for a member of the immediate family of the property owner or a person who is directly involved or employed on the farm wherefrom the lot is to be subdivided.
C.
Not more than two rural residence lots shall be permitted within a three-year period, regardless of the ownership of the land in question.
D.
The rural residence lot to be created will be located on an improved, public roadway, and no new road shall be constructed in connection with said subdivision.
E.
The yard and setback requirements for a residence when an accessory use to a farm and as set forth in the Schedule of District Regulations shall apply to a rural residence along with all other applicable sections of this chapter, including subdivision and site plan review as required by § 120-42 of this chapter.
F.
A rural residence lot shall be subject to the requirement of the provision of an agricultural buffer as provided for in § 120-71 of this chapter since the lot, once created, may be sold and thereby raising the possibility of conflicts between the residential and the agricultural uses. In the case of a rural residence, the farm owner/applicant may be permitted to establish the buffer area on the farm property around the proposed rural residence lot, if justification for doing so is found reasonable by the Land Use Board.
§ 120-138 Sexually oriented businesses.
A.
Declaration and findings of policy; scope.
(1)
Whereas sexually oriented businesses are a serious hazard to the public health, welfare, safety and quality of life; and whereas, sexually oriented businesses have a demonstrable deleterious effect on both the existing businesses and surrounding residential areas; and whereas, sexually oriented businesses create an atmosphere which is inimical to the values of this significant segment of the township's population; and whereas, sexually oriented businesses, when located in close proximity to each other, contributes to urban blight and downgrade the quality of life in the surrounding areas, now, therefore, it is the policy of the Township of Deerfield to regulate sexually oriented businesses, to protect the public health, welfare and safety and the quality of life.
(2)
This section shall apply to the regulation of sexually oriented businesses within the limits of the Township of Deerfield.
B.
Location of sexually oriented businesses.
(1)
A person violates this section if he operates or causes to be operated a sexually oriented business within one mile of:
(2)
Measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a place of worship, a school, a boundary of a residential district, a public area, a lot devoted to residential use or another sexually oriented business.
C.
Development standards.
(1)
Buildings used for sexually oriented businesses shall meet all applicable safety standards of the Township of Deerfield, including but not limited to adequate fireproofing of walls, floors, ceilings, adequate fire escapes and exits and adequate fireproofing of all book and/or film storage areas.
(2)
Parking shall be provided at a ratio of one square foot of parking for every square foot of building area. Such parking shall be paved, striped and appropriately marked and otherwise complying with all existing requirements for off-street parking plan and design standards. In addition, all parking spaces shall be linked in an internal circulation system with one access and one egress point to and from the subject's site. No parking shall be allowed within the buffer area designated in this section.
(3)
All off-site improvements, such as curbs, gutters, sidewalks, drive approaches, lighting, landscaping and street trees shall be provided as required by the Land Use Board.
(4)
The interior of the bookstore or adult facility shall be adequately lighted and constructed so that every portion thereof is readily visible to the Clerk or other supervisory personnel from the counter or other regular stations.
(5)
Lobby and entrance areas should be designed so as to minimize obstructions of sidewalks during operating hours.
(6)
Advertisements, displays or other promotional material shall not be shown or exhibited so as to be visible to the public from pedestrian sidewalks or walkways or from other areas, public or semipublic; and such displays shall be considered signs.
(7)
No outdoor loudspeakers or sound equipment audible to the exterior of the structure housing the sexually oriented business shall be used for adult bookstores, adult motion-picture theaters or adult mini motion-picture theaters, as defined herein and shall be evaluated subject to the following controls:
(8)
All of the above items listed in this subsection shall be evaluated subject to the following controls:
(a)
Minimum site size: The minimum site size shall be two acres, with a minimum width of 400 feet.
(b)
Lot coverage. Coverage of the lots by the principal building shall not exceed 5% of the total site area.
(c)
Building height. Maximum height of the building shall not exceed 2 1/2 stories or 35 feet.
(d)
Buffer area. At a minimum, and except where otherwise noted, there shall be a buffer area of 100 feet around the entire perimeter of this site. This area shall be landscaped with a double alternating row of evergreen trees, six feet in height at time of planting, spaced eight feet on center. Such trees shall augment natural landscaping. In the event that natural landscaping is not available around the site, then additional landscaping shall be provided in the form of another alternating row of evergreen trees as prescribed herein.
(e)
Building setback. The principal building shall be set back 150 feet from any road or front property line.
(f)
All trash, refuse, articles or any matter to be disposed of shall be shredded or cut in such a fashion so that the remains shall not be readable, legible or discernible.
(g)
Construction of all walls and partitions in buildings in which movies, films or shows of any kind are shown shall be subject to the following:
[1]
In the construction of all walls and partitions in all rooms or booths, material of not less than one-hour fire-resistant time shall be used.
[2]
All aisles in such establishments shall be less than 50 inches in width.
[3]
The light level in such establishments shall not be less than 10 footcandles at floor level.
[4]
In every room of such establishments, there shall not be fewer than two lighted exits within the constant and unobstructed view of the occupants, which exits shall lead directly to the outside of such building.
(h)
Single use. No building, premises, structure or other facility that contains any adult establishment shall contain any other kind of adult establishment. No building, premises or structure or other facility in which sexually oriented devices are sold, distributed, exhibited or contained shall contain any adult establishment.
D.
Use regulations.
(1)
No person under the age of 18 years shall be permitted into any sexually oriented business premises at any time for any purpose. A sign conspicuously posted shall give notice of this regulation.
(2)
Hours of operation shall be no earlier than 9:00 a.m., nor later than 12:00 midnight, prevailing time, on weekdays and Saturdays. All sexually oriented businesses shall be closed on Sundays.
§ 120-139 Studio or workshop.
A studio or workshop may be located as permitted in the Schedule of District Regulations and the following conditions and/or regulations:
A.
A studio or workshop established in conjunction with a home occupation, professional home occupation or a village home occupation shall be considered an accessory thereto the home occupation and comply with the area requirements as set forth in § 120-110 of this chapter. When established as the principal use of a property then said studio or workshop shall be considered as a principal use as provided in the Schedule of District Regulations for the zoning district in which it is located, and would be subject to site plan review.
B.
When established in an A Agriculture, R-1 Residential, R-2 Residential, CR Center Residential, CMU Center Mixed Use or C-1 Center Business Zoning District, a studio or workshop shall not be created as a separate structure if more than two accessory structures exist on the lot involved. In such a case, the studio or workshop must either be located within the principal or one of the accessory structures or be attached thereto, provided that it meets all the setback requirements for the zoning district in which it is located. When said studio or workshop is a freestanding structure, it shall be provided with access to the roadway upon which the property involved abuts.
C.
A studio or workshop that will be utilized for the sale of products or the gathering of people for classes, activities or shows shall provide additional parking accommodate said additional use. If the public is to be admitted to the studio or workshop on a regular basis as noted herein above, then the studio or workshop shall pedestrian accessways connecting the studio or workshop to any parking area and/or the street. Lighting and handicapped accessibility shall also be provided.
D.
A studio or workshop shall be designed, equipped and operated in such a way as to prevent noise, smoke, dust, fumes, glare or other nuisances from the activities conducted inside. When located within a residentially zoned area, the studio or workshop shall not be opened to the public before sunrise or after sunset except for classes or special events like recitals or shows held within the studio or workshop structure. Such special events shall not be held more often then once in any calender quarter of the year.
E.
No studio or workshop established as part of a home occupation shall exceed a height of 35 feet, nor shall it exceed the permitted square footage for an accessory use of a home occupation. Setback dimension for home occupation studios or workshops shall comply with those permitted for a garage in the zoning district in which they are located. For all other studios or workshops, maximum and minimum dimensions and setbacks shall be set forth in the Schedule of District Regulations.
§ 120-140 Windmills, energy conservation devices and private communications facilities.
Windmills, including those used for the production of electric current, energy conservation devices such as solar panels for heating, and private communication installations, including television and/or radio towers, antennas, satellite dishes and similar devices, may be installed as per the Schedule of District Regulations, subject to the following conditions:
A.
Windmills shall be permitted in connection with any residential, agricultural, recreational or industrial use when they meet the following standards:
(1)
The proposed windmill will not block, interfere or otherwise impair a scenic vista or corridor as identified in this chapter or the view for an adjoining residential structure.
(2)
The primary purpose of a proposed windmill(s) will be to provide power for the principal use of the property whereon said windmill(s) is to be located and shall not be for the generation of power for commercial purposes, although this provision shall not be interpreted to prohibit the sale of excess power generated from time to time from a windmill designed to meet the energy needs of the principal use.
(3)
The windmill and its location on the property involved shall be designed to eliminate any nuisances to surrounding properties and to limit any noise from said windmill from being heard off the property where said windmill is located. The actual side and rear yard setbacks for a windmill shall be determined by the Land Use Board and shall be based upon the height of the proposed windmill.
(4)
No variance shall be granted in connection with a proposed windmill to permit a height greater than 300 feet or the placement of a windmill so close to a property line as to result in any portion of the windmill at any time, whether erect or in the event the windmill should fall or be toppled, to overhang, cross or otherwise extend beyond the property line.
(5)
No windmill shall be located in any required front yard area.
(6)
The minimum lot size required for the erection, construction or placement of a windmill on a property shall be five acres.
B.
Energy conservation devises such solar heating panels and private communications equipment, such as dish or disc antennae, satellite antennae, television or radio towers and similar devices, shall be permitted in accordance with the following conditions:
(1)
No energy conservation or communications equipment shall be located in any required front yard area to the extent practical given the need for solar access in the case of energy conservation equipment.
(2)
Energy conservation or communications equipment shall not be attached to the front facade or roof area of any structure or building wherever practical given the requirements for said equipment such as solar access or satellite alignment.
(3)
When any dish, disc or satellite antennae is located within 20 feet of adjoining property, it shall be screened with plant material to the extent practical to reduce unsightly appearance without affecting performance.
(4)
No communication equipment shall be permitted which causes interferences or problems for adjoining properties' communication equipment or reception of television, radio or other communication signals.
(5)
Wherever practical and possible, energy conservation and communication equipment shall be so located on a property so as not to be visible from the street.
(6)
Construction and erection of such equipment shall be subject to the Uniform Construction Code and shall at no time constitute a threat to public safety, health or welfare.
§ 120-141 Yard sales.
An owner or person in possession of real estate used for residential purposes may hold a yard, tag or garage sale not more than three times in any calendar year upon applying for a permit from the Township Clerk. Issuance of such a permit shall be based on the following conditions:
A.
A tag, yard or garage sale shall not exceed two consecutive days. Due to heavy traffic contributing to overall traffic safety concerns, no yard sale may be held during the annual Harvest Festival.
B.
A maximum of four temporary off-site directional signs measuring not over two square feet in area each for any tag, yard or garage sale for which a permit is issued. All such signs shall be placed and removed in accordance with the provisions of § 120-115 of this chapter, except that no sign permit shall be required for such signs. Signs must be removed by the applicant within three days after the event.
C.
Any tag, yard or garage sale shall be conducted only during the hours of daylight. The Township Committee may impose restrictions on the location of such a tag, yard or garage sale on a property and the hours of operation of said sale where it is determined, based upon consultation with the appropriate officials, that said sale would create a traffic hazard.
D.
Tax exempt organizations are exempt from obtaining a permit under this section, but shall be subject to the standards set forth herein in connection with the frequency, hours of operation and the signs allowed for such sales.