Delran City Zoning Code

Where the area and bulk standards for the applicable zoning district require buffers, such buffers shall be shown on all site plans and subdivision plans for development in such zoning districts.

The composition of buffers, but not width, including, but not limited to, landscaping and fencing, shall be applied as design standards, not zoning criteria, and are for the primary purposes of eliminating views and reducing noise perception beyond the lot.

[Amended 1-18-2006 by Ord. No. 2005-39]

No buildings, structures, storage of materials, parking areas or any other improvements except sidewalks and trails which are required for pedestrian travel shall be permitted within the buffer areas.

[Amended 1-18-2006 by Ord. No. 2005-39]

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

Buffer widths shall be measured horizontally. The design of buffers shall consider the use being buffered, the distance between the use and the property line, differences in elevation, the types of buffers and screens such as dense planting, existing woods, buffer height and width and other combinations of man-made and natural features. The buffer shall be designed, planted, graded, landscaped and developed with the general guideline that the closer a use or activity is to the property line or the more intense the use, the more effective the buffer area must be in obscuring light and vision and reducing noise beyond the lot. The typical twenty-five-foot-wide buffer shall be comprised of trees and/or shrubs as specified planted in three staggered rows at 10 feet on center. The typical fifty-foot-wide buffer shall be a doubling of the twenty-five-foot-wide buffer. The use of berms are encouraged as appropriate, and may be required.

All buffer and other landscaping areas shall be planted and maintained with either grass or ground cover, together with trees and shrubs, and the following criteria shall be used as a guideline:

Shrubs shall be at least three feet in height when planted and be of such density as will obscure, throughout the course of the year, the glare of headlights. Deciduous trees shall have a minimum caliper of 2 1/2 to three inches. Evergreen trees shall be at least five feet in height when planted.

Any plant material which does not live shall be replaced within one growing season.

Buffer plantings and landscaping shall open at points of vehicular and pedestrian access to assure a clear sight triangle.

Notwithstanding anything else contained in this chapter, if the area required for any setback, including all buffer areas, adjacent to a residentially zoned property contain preexisting natural vegetation, trees, shrubs or other buffer-type materials, the entire required setback area adjacent to the residentially zoned property shall be maintained, as much as possible, in its natural, preexisting state. Any disturbance of such area required during construction must be restored with the planting of additional, similar trees and shrubs in accordance with this section.

Landscaping.

Landscaping shall be provided as approved by the reviewing board to provide shade, designate entrances, screen parking from roads, buffer utility areas and provide aesthetic interest throughout the year. Along Route 130, a berm and plantings are required to screen parking from the road. The minimum tree size along Route 130 shall be 3 1/2 to four inches in caliper, either 50 feet on center or equivalent.

Protection of existing plantings. Maximum effort shall be made to save existing plantings (because of size or relative rarity). No material or temporary soil deposits shall be placed within four feet of shrubs or 10 feet of trees designated to be retained. Protective barriers or tree wells shall be installed around each plant and/or group of plants that are to remain on the site. Snow fences and silt fences are examples of acceptable barriers.

Slope plantings. Landscaping in the area of all cuts and fills and/or terraces shall be sufficient to prevent erosion, and all roadway slopes steeper than one foot vertically to three feet horizontally shall be planted with ground covers appropriate for the purpose and soil conditions, water availability, and environment.

Additional landscaping. In nonresidential developments, all areas of the site not occupied by buildings and improvements shall be landscaped by the planting of grass or other ground cover, shrubs, and trees as part of a site plan approved.

Only nursery-grown plant materials shall be acceptable; and all trees, shrubs, and ground covers shall be planted according to accepted horticultural standards.

Plant species. The plant species selected should be hardy for the climatic zone and appropriate in terms of function and size.

Maintenance. Plantings shall be watered regularly and in a manner appropriate for the specific plant species through the first growing season, and dead or dying plants shall be replaced by the applicant during the next planting season.

Parking lot landscaping. In parking lots, at least 5% of the interior parking area shall be landscaped with plantings, and one tree for each 10 spaces shall be installed. Parking lot street frontage screening and perimeter screening shall be a minimum of five feet wide. Planting required within the parking lot is exclusive of other planting requirements.

§ 355-89 Fence regulations.

Permit requirements.

Zoning permit and certificate of conformance. A zoning permit and certificate of conformance shall be required in all zones for construction, erection and/or installation of each and every fence governed by this chapter.

Building permit. A building permit is required to construct, erect, enlarge or alter any type of fence in excess of six feet in height or any type of fence to enclose a swimming pool.

Plan required. A plot plan showing the lot size, location of all buildings, structures, proposed fences and gates and required landscaping shall be provided to the Zoning Officer with all applications for a zoning permit for any fence.

Bulk requirements.

Height limitations.

Ornamental fencing, as hereinafter defined, shall be permitted only at the front corners of the property, subject to the following restrictions:

Any such ornamental fencing shall not be higher than three feet.

Any such ornamental fencing shall not exceed 20 feet in length along the front property line and 20 feet in length along the side property line beginning from the front corners of the lot.

Any such ornamental fencing shall not have attached to it wire fencing or enclosures of any type.

[4]

Any such ornamental fencing may be erected on the property line or street line, but in no instance shall the fence be erected in the public right-of-way.

[5]

"Ornamental fencing," for the purpose of this section, shall mean any split rail or rail fencing, the function of which is to define the front corners of the property and shall be part of a landscaped area. The fence is not to be installed without landscaping and cannot be used to enclose the property.

Open fences may be erected, altered or reconstructed to a height not to exceed four feet when located as follows:

At any property line to enclose a property used for an agricultural use, for containment of livestock or in connection with an outdoor recreation facility.

From the front corners of any building to the side property line, along any side property line to a point parallel with the rear corner of the building.

Open fences may be erected altered or reconstructed to a height not to exceed six feet when located as follows:

At a minimum setback of 10 feet from the front property line and along any side or rear property line to enclose a property used for an agricultural use, for containment of livestock or in connection with an outdoor recreation facility. Landscaping is not required to be planted in front of any fence erected, altered or reconstructed for an agriculture use, for containment of livestock or in connection with an outdoor recreation facility.

In the rear yard of an interior lot or the side yard fronting the nonprimary street for corner lots. For the purpose of this chapter, the rear yard shall be considered to be an open space extending across the full width of the lot between the principal building and the rear lot line, measured perpendicular to the building at the closest point to the rear lot line. For the purpose of this subsection, attached or detached garages shall not be considered part of the principal building.

Solid fences may be erected, altered or reconstructed to a height not to exceed six feet when located in the rear yard of a residential lot or the side yard of corner lots to enclose in-ground swimming pools. For the purposes of this chapter, the rear yard of a residential lot shall be considered to be an open space extending across the full width of the lot between the principal building and the rear lot line, measured perpendicular to the building at the closest point to the rear lot line. For the purpose of this subsection, attached or detached garages shall not be considered part of the principal building.

Solid fences may be erected, altered or reconstructed to a height not to exceed six feet along any rear or side property line of a residential property, provided that such fence does not extend into any front yard setback area.

[Amended 9-2-2014 by Ord. No. 2014-12]

Open wire fences may be erected, altered or reconstructed to a height not to exceed 10 feet when located at the accessory setback lines in any rear yard in conjunction with the installation of a tennis court.

Setback requirements.

Except as permitted under Subsection B(1)(a), (b) or (c) above, no fence shall be erected, altered or reconstructed forward of any building(s) in the front yard or the required front yard setback applicable to such property, whichever is greater. For purposes of this subsection, the front yard setback shall be measured from the front property line as indicated on the survey.

All new and replacement fences shall conform to the setback requirements applicable to the lot at the time the zoning permit is issued.

For the purposes of the construction, erection and/or location of a fence on lots that have frontage on more than one street, the front yard setback requirement applicable in the zoning district where the lot involved is located is the required setback on each street facing side of the property.

It shall be prohibited for a fence or fencing to be constructed, erected and/or located on lots where there are easements in multifamily units that have access to rear yards on the interior lots so as to prevent access to the interior property rear yards.

At or near an intersection of two or more streets, no fence shall be permitted to obstruct the view of motorists traveling on either intersecting street.

On reverse frontage lots, a fence may be erected no closer than 10 feet to the rear property line.

Notwithstanding any provision in this Subsection B(2), a fence permitted by this section may be extended from the rear corner of the dwelling in order to enclose an existing side entry doorway within the fence but only for the purpose of and only to the extent necessary to enclose such doorway within such fence, and in no event may such fence be established more than 15 feet from the rear corner of the dwelling.

Other requirements.

All fences shall be installed so that rails and posts shall be facing the inside of the owner's property.

No fence shall create an alley, private way or setback from the property line of less than five feet on the property where the fence is to be installed.

Nothing in this chapter shall prevent the erection of an open-wire fence not exceeding eight feet above ground level anywhere within a public park, public playground or school premises.

The following fences and fencing materials are specifically prohibited: barbed-wire, collapsible, canvas, cloth or electrically charged fences or structures.

Required landscaping.

Landscaping consisting of evergreen plantings shall be planted in front of all fences five feet and higher that parallel the front property line. Such plantings shall be a minimum of three feet high, as measured from grade level, at the time of planting, and there shall be a maximum spacing of six feet apart, center to center, between evergreens. The landscaping required in front of fences shall be installed within 30 days after the fence has been installed.

Reverse-fronting lots. On all reverse-fronting lots, a single row of 100% evergreen plantings spaced eight feet apart, center to center at a minimum height of four feet, measured from grade level, at the time of planting shall be planted between the fence and the adjoining rear street adjacent to such fence.

Any swimming pool, whether or not portable or storable, having a depth of at least 24 inches or a surface area of 250 square feet or greater shall be equipped with a suitable safety barrier in accordance with state swimming pool standard.

[Added 4-25-2006 by Ord. No. 2006-4]

Requirements applicable to nonresidential fences.

Open and solid fences shall be installed in accordance with a valid subdivision or site plan approval granted by the reviewing board, shall be a maximum height of six feet, and shall not include barbed or razor wire, nor be electrified.

No fence may be erected, altered or reconstructed forward of any building in the front yard.

All fences shall be set back to the building setback line unless otherwise indicated on a final subdivision or site plan approved by the reviewing board.

§ 355-90 Lighting and wiring requirements.

Underground wiring required.

All electric, telephone, television, cable, optical, and other similar utilities, both main and service lines servicing new developments, shall be provided by underground wiring within easements or dedicated public rights-of-way, installed in accordance with the prevailing standards and practices of the utility or other companies providing such services.

Lots that abut existing easements or public rights-of-way, where overhead electric or telephone distribution supply lines and service connections have heretofore been installed, may be supplied with electric and telephone service from those overhead lines, but the service connections from the utilities' overhead lines shall be installed underground.

Lighting.

General. Outdoor lighting within the Township of Delran shall not unreasonably interfere with the use and enjoyment of property within the Township. This chapter encourages the types and uses of outdoor lights which will conserve energy, preserve the natural environment, and prevent glare, up-lighting and unnecessary light pollution, while providing adequate lighting for productivity and security.

Nonresidential lighting requirements.

All exterior lights shall be designed, located, installed and directed to prevent objectionable light and glare across property lines and above a ninety-degree horizontal plane.

The preferred source of all lighting is high pressure sodium lamps and fixtures.

Shielding and/or cutoff optics shall be required in all installations.

Searchlights and laser lights used for advertising or entertainment are not permitted.

All lighting shall be shielded to prevent glare for drivers or pedestrians and to prevent the light from extending beyond the property line and above the ninety-degree horizontal plane.

Emergency lighting by police, fire and rescue and other authorities is exempt from the requirements of this section.

§ 355-91 Adoption of Residential Site Improvement Standards.

Except as specifically set forth in this chapter, the Residential Site Improvement Standards (RSIS) adopted by the State of New Jersey are hereby adopted as the site improvement standards for residential development in the Township of Delran. Notwithstanding the foregoing, RSIS do not apply where facilities are not available, such as public water and sanitary sewer facilities, or where the proposed development is already served by existing streets. Whether or not de minimus changes from RSIS should be made by the applicant as part of its site plan or subdivision plan application shall be determined by the reviewing board engineer on a case-by-case basis, with the input of the Township Engineer, and, if necessary, such de minimus changes should be approved by the Department of Community Affairs as the reviewing board engineer and the Township Engineer shall determine.

§ 355-92 Nonresidential off-street parking and loading requirements.

Performance. All nonresidential sites within the Township which are subject to the provisions of the Code of the Township of Delran shall provide adequate parking improvements, including but not limited to accessways, driveways, drive aisles, loading areas, parking bays and pedestrian walkways to ensure the safe and efficient circulation of vehicles and pedestrians both on and off site.

Parking location. All required off-street parking and loading facilities shall be located on the same lot or premises as the use served or, in the case of a PCD, said off-street parking shall be provided on the overall tract provided each lot has access through the establishment of cross easements. No parking facility shall be permitted as a primary use on a lot except as otherwise provided in this chapter for a particular zoning district.

Fire lane provision. The provisions of N.J.S.A. 39:5A-1 et seq. shall apply.

Parking for the disabled. The provisions of N.J.A.C. 17:19A-4.4 and the Americans with Disabilities Act shall apply to all parking areas.

The following parking schedule shall be used to calculate the required number of off-street parking spaces per use. Where the calculation results in a fraction of a space, the required number of parking spaces shall be rounded up to the nearest whole number.

[Amended 7-27-2021 by Ord. No. 2021-13]

Nonresidential Off-Street Parking Requirements
Uses		Required Off-Street Parking Spaces
Assembly operation		1 per 800 square feet of gross floor area
Auto body and auto repair shops		2 per 1,000 square feet of gross floor area, plus 1 per each vehicle used on site
Auto, truck or similar dealerships		2.5 per 1,000 square feet of gross floor area excluding auto repair, plus 110% of maximum vehicle inventory, plus spaces for auto repair per code
Bar		1 per 2 seats
Bowling alley		4 per alley
Cannabis cultivator		1 per every 1,000 square feet of gross floor area
	Cannabis delivery service	1 per every 1,000 square feet of gross floor area, plus 1 parking space for every delivery driver or fleet vehicle
	Cannabis distributor	1 per every 1,000 square feet of gross floor area
	Cannabis manufacturer	1 per every 1,000 square feet of gross floor area
	Cannabis retailer	1 per every 200 square feet of gross floor area
	Cannabis wholesaler	1 per every 1,000 square feet of gross floor area
Car wash, full-service		10 per washing lane
Car wash, self-service		1 per bay, plus 1 per employee
Church/synagogue/house of worship		1 per 3 seats
Convention areas		1 per 3 seats
Fiduciary institutions		1 per 300 square feet of gross floor area
Hospitals		2 per bed
Hotel/motel		1 per room, plus 0.5 per employee, plus convention area requirement as applicable
Industrial		1 per 800 square feet of gross floor area
Library		1 per 300 square feet of gross floor area
Manufacturing		1 per 800 square feet of gross floor area
Medical center		1 per 250 square feet of gross floor area
Nightclub		1 per 3 seats
Nurseries and child day care		1 per 3 children under 2 years old, 1 per 5 children 2 years or older, plus 4 per 1,000 square feet of gross floor area
Nursing homes, assisted living facilities, skilled-care nursing facilities or similar convalescent facilities		0.5 per bed, plus 1 per employee maximum shift
Offices:
	Under 49,999 square feet of gross floor area	4.5 per 1,000 square feet of gross floor area
	50,000 to 99,999 square feet of gross floor area	4 per 1,000 square feet of gross floor area
	100,000 plus square feet of gross floor area	3.5 per 1,000 square feet of gross floor area
Recreation, indoor		2.5 per 1,000 square feet used by participants (excluding bowling alleys); 1 per 3 spectator seats; plus 1 per employee maximum shift
Recreation, outdoor		Sufficient space shall be provided on site to prevent parking along public rights-of-way and other off-site areas, fire lanes and parking aisles as determined by the review board
Research		1 per 1,000 square feet of gross floor area
Restaurant (with seats)		1 per 3 seats, plus 1 per employee maximum shift
Restaurant (no seats, such as water ice, custard and ice cream sales)		1 per 50 square feet of gross floor area
Retail store		1 per 200 square feet of gross floor area
School (elementary)		2 per classroom, but not less than 1 per teacher and staff
School (intermediate)		1.5 per classroom, but not less than 1 per teacher and staff
School (secondary)		2.5 per classroom, but not less than 1 per teacher and staff
Service station, fuel only		0.5 per fill area, plus 1 per employee maximum shift. If retail sales and vehicle space, see requirements
Service station, full-service		4 per bay and working area
Shopping center:
	Under 400,000 square feet of gross leasable area	4 per 1,000 square feet of gross leasable area
	400,000 to 599,999 square feet of gross leasable area	4.5 per 1,000 square feet of gross leasable area
	600,000 plus square feet of gross leasable area	5 per 1,000 square feet of gross leasable area
Storage areas		1 per 5,000 square feet of gross leasable area
Theater:
	In shopping center	1 per 3 seats
		1 per 4 seats
Warehouse (shipping/receiving)		1 per 5,000 square feet of gross floor area
Other general uses not specially stated		4.5 per 1,000 square feet of gross floor area

Combined parking requirements. Where a permitted use of land contains more than one parking use category, the parking requirement shall be the sum of the individual uses computed separately in accordance with this section. A reviewing board may permit the use of shared parking areas by individual users up to a maximum of 20% of the total parking requirement for land uses of complementary peak parking need.

Substitution of open space. A request for the substitution of open space for up to a maximum of 20% of the required number of parking spaces may be granted by a reviewing board, provided that the following regulations are met:

The required number of parking spaces is 20 or greater.

The open space area to be substituted in lieu of parking spaces shall be designated both as open space and as future reserved parking. In no instance shall the future reserved parking area be included in the calculation used to determine compliance any Township open space provision requirements.

The applicant shall submit a deed restriction, covenant or other suitable instrument which grants to the reviewing board the right to require, within five years of the final site plan approval, the present or future owner of record to install all or part of the future reserved parking as designated on the approved plan. The appropriate board may, upon the receipt of a finding of inadequate parking from the Zoning Officer, resolve to require the installation of all or part of the future reserved parking if; in its opinion, the health, safety and general welfare of the public shall be promoted.

An adequate performance guaranty shall be posted, not to exceed in duration five years from the date of final site plan approval, equal to 120% of the estimated cost of the installation of the future reserved parking as determined by the Township or Board Engineer.

The deed restriction, covenant or similar instrument and the performance guaranty shall be subject to the approval of the Township or Board Solicitor.

Parking space dimensions. The following minimum dimensions for parking spaces shall apply:

Commercial (retail and wholesale), office, industrial and government uses: nine feet wide by 18 feet deep.

Parallel spaces for any use: nine feet by 22 feet wide.

Parking aisle and drive dimensions. The following minimum dimensions for parking aisles and drives shall apply:

Aisles
Angle of Parking Spaces (degrees)	One-Way Aisle (feet)	Two-Way Aisle (feet)
90	22	25
60	18	20
45	15	None permitted
Parallel	12	18

Drives
Drive Type	One-Way Drive (feet)	Two-Way Drive (feet)
Entrance drive, on roads with less than 39 mph speed limit	20	25
Entrance drive, on roads with greater than 39 mph speed limit	22	30
Internal collector	18	25
Internal collector, with fire lane	25	30

Entrance drives. Off-street parking areas shall be designed to eliminate the maneuvering of vehicles within entrance drives. The length of entrance drive free of maneuvering shall conform to the following schedule (measured from the right-of-way line):

	Total Number of Parking Spaces	Length of Maneuver-Free Drive (feet)
	Less than 39	20
	40 to 99	40
	100 to 250	60
	Greater than 250	60, plus 20 for each additional 500 spaces or part thereof

Entrance drive intersections. The intersection of any entrance drive and a public street shall be located as to permit the safe flow of vehicles to and from the lot or premises in a manner safe and shall conform to the following minimum distances:

	Intersection	Minimum Distance (feet)
	Entrance drive to entrance drive, less than 150 feet street frontage (measured from center lines)	60
	Entrance drive to intersecting rights-of-way, greater than 150 feet frontage (measured from center line to rights-of-way)	100
	Entrance drive to intersecting rights-of-way, less than 150 frontage (measured from center line to rights-of-way)	35
	Entrance drive to intersecting rights-of-way, greater than 150 frontage (measured from center line to rights-of-way)	75

Ingress and egress to parking areas. Access to parking areas from public streets shall be limited to one per street frontage up to a maximum of two per site, with the following exceptions:

Two entrance drives on one public street shall be permitted for lots or premises with frontage in excess of 300 feet, up to a maximum of three per site.

Gasoline service stations shall be permitted two entrance drives on one pubic street, up to a maximum of three per site, provided that the center lines of the two entrance drives on one street frontage are not less than 60 feet apart.

Internal collector. An internal collector drive shall be provided for all parking areas in excess of 250 spaces. No parking space shall have direct ingress and egress to a internal collector drive. The intersection of any internal collector drive and drive aisle shall be at 90°, unless, because of unusual topography or lot geometry, a right angle would impede the efficient circulation of vehicles, but in no case shall the intersection be less than 60°.

Landscaping, loading areas. All loading areas shall be landscaped and screened sufficiently to obscure the view of the loading platform or other loading facility from any public street, residential use or zone and the front yards of adjacent commercial or industrial use. Such screening may consist of fencing or walls, and shall be in conformance with the landscaping requirements of the Township Ordinance.

Landscaping, parking areas. Each on-site parking facility shall be designed to minimize the removal of any tree in excess of five inches in caliper. Each facility shall have a minimum of 200 square feet of contiguous landscaped area for each 30 spaces or portion thereof consisting of shrubs with a mature height of not more than three feet and deciduous trees with branches not less than seven feet in height, but in no event shall there be less than the area contained in the required traffic islands. Such space shall be distributed throughout the parking areas in order to visually break the view of long rows of parked cars in a manner not impairing sight triangles. Parking areas in excess of 250 parking spaces shall have landscaping berms a minimum of two feet in height above the parking area grade between any public street and any access way, driveway, drive aisle, internal collector drive, loading or parking areas.

Lighting.

All parking and loading facilities shall be lighted in accordance with the lighting provisions below. Adequate provision must also be made to shield residential uses from the headlight glare of motor vehicles.

Standards for illumination.

The minimum level of lighting in any portion of the parking lot shall be not less than 1/4 footcandle. The average horizontal illumination level of lighting within the parking lot shall be not less than 1/2 footcandle nor greater than two footcandles. The maximum level of lighting in any portion of the parking lot shall be not greater than three footcandles, except directly under light fixtures where a maximum of 10 footcandles is permitted.

The minimum level of lighting along any portion of walkway not part of a parking lot shall be not less than 1/2 footcandle. The maximum level of lighting along any portion of walkway not part of a parking lot shall be not greater than three footcandles.

The maximum mounting height of exterior lighting shall conform to the following schedule:

	Building Height (feet)	Maximum Fixture Mounting Height (feet)
	Up to 24	14
	25 or greater	20

Loading area requirements. Every commercial and industrial use, or combination thereof, containing at least 5,000 gross square feet of floor area, or that is expected to receive deliveries by tractor trailers 35 feet or greater, shall provide and permanently maintain adequate space for the standing, loading and unloading of material or merchandise. The loading area shall be so designated on the site plan and shall not be used or any other purpose. The minimum dimensions of the loading area shall not be less than 12 feet wide by 35 feet deep with a height clearance of 14 feet. One such loading area shall be required for each 20,000 gross square feet of floor area or part thereof.

Shopping cart users. Parking areas for commercial uses which utilize shopping carts for the carrying of goods, including but not limited to supermarkets, pharmacies, home centers, department stores and discount centers, shall provide areas for the collection of such shopping carts. Collection points shall be evenly dispersed throughout the parking area which is designed to serve the commercial use which utilizes shopping carts for the carrying of goods. The collection points shall be designed and constructed to delineate and separate the parking area from the collected shopping carts and shall be so designed as to not impede the vehicular or pedestrian circulation pattern. Collection points shall have a minimum capacity of 20 shopping carts. Collection points shall be so designed with no more than one sign per area with two faces, pole-mounted. These parking areas shall be maintained by shopping cart attendants as determined necessary by the Zoning Code Official.

Surfacing and curbing. All parking areas, accessways, driveways, drive aisles, loading areas and parking bays or other parking facilities shall be paved and curbed in accordance with the provisions of Chapter 310, Subdivision of Land, and Chapter 290, Site Plan Review, of the Code of the Township of Delran.

Traffic islands. Traffic islands shall be provided to separate each parking area of double stacked parking rows from any internal collector drive. The minimum width of the traffic island shall be six feet. For parking areas in excess of 250 cars, one traffic island, a minimum width of six feet, separating the two rows of parking in one parking bay, shall be provided for each four rows in an alternating pattern. Each traffic island shall be landscaped in accordance with the provisions of Subsection N above.

Trash pickup. All parking areas shall make adequate provision for the location of trash receptacles and their enclosures and the disposal of trash generated by on-site uses in a manner that does not impede the free flow of vehicular traffic on or off site. Adequate provision shall be made for the turning movements of trash pickup vehicles. All trash receptacles shall be enclosed by a wall which is a minimum of six feet in height and no more than eight feet in height with an appropriate gate for its size.

§ 355-93 Bicycle compatible roadways and bikeways.

All development of lots bordering on the bicycle routes established pursuant to the Delran Township Master Plan, as the same may be supplemented, modified or clarified from time to time, shall include the design and construction of such bicycle route in the site plan or subdivision plan submitted for such development.

The construction of bicycle routes as required under this section shall comply with the specifications set forth in N.J.A.C. 5:21-4.18 and NJDOT Bicycle-Compatible Roadway and Bikeways Planning and Design Guidelines, as the same may be amended, supplemented or superseded.

§ 355-94 Sign and flagpole regulations.

Definitions. The following terms, when used in this chapter as they relate to signs, shall have the following meanings:

SIGN

Any object, device, display or structure, or part thereof; situated outdoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, designs, symbols, fixtures, colors or illumination or projected images. Signs do not include the flag or emblem of any nation, organization of nations, state or city or any political subdivision thereof or any fraternal, religious or civic organizations; merchandise, prices, pictures or models of products or services incorporated in an indoor window display; works of art which in no way identify a product; or scoreboards located on athletic fields. As they relate to signs, the following words or clauses shall have the following meanings:

ATTACHED SIGNAny sign erected, constructed or maintained on a building with the principal support of said sign being the building, including specifically the painting of signs or displays on the exterior surface of a building. Attached signs shall be not more than 10 inches at any point of the sign from the building to which it is attached.

AWNING OR CANOPY SIGNAny sign attached to the building awning or canopy.

BILLBOARDAny structure or portion thereof on which lettered or pictorial matter is displayed for advertising purposes, which structure is located on a site other than the site to which the advertising relates.

BLADE SIGNA business identification sign positioned 90° to the building so as to be visible to pedestrians along walking promenades.

CHANGEABLE-COPY SIGNA sign or portion thereof that allows for the message portion of the sign to be changed.

DEVELOPMENT SIGNA sign designating the name of a subdivision of residential homes, whether single-family or multifamily, attached or detached, or an apartment complex.

EXTERNALLY LIGHTEDAny sign whose sole source of artificial illumination is outside the display portion of the sign.

FACADEThe face of a building that is considered to be the architectural front, and usually given special architectural treatment. The facade does not include mansard or other roof designs.

FREESTANDING SIGNAny sign not attached to a building, erected, constructed or maintained on a post or pole or other bracing or supporting device, being to support the sign.

FUNCTIONAL SIGNSDirectional, information or public service signs, such as signs advertising locations of rest rooms, telephones or similar facilities of public convenience, including entry and exit signs from parking areas. Functional signs shall not include any name, business, logo, or message other than the directional or informational material as above.

INTERNALLY LIGHTEDAny sign whose sole source of artificial illumination is contained within the display portion of the sign.

MANSARD ROOFA hipped roof usually having a double slope or compound curve, the lower slope being much steeper than the upper slope.

MOBILE SIGNAny sign which is not permanently attached to a building or not placed in the ground in such a fashion as to be permanent in a manner conforming to the Uniform Construction Code or which is located or attached to a trailer, is on wheels or another similar attachment such that the sign may be moved from place to place, either within the lot or to another location.

MULTIPLE OCCUPANCY AND TENANCY SIGNA single sign relating to a use or facility, such as a shopping center, industrial park or office complex, where there is more than one occupancy and/or tenancy of uses, where said multiple occupancy and tenancy use a common parking facility and/or a common private drive or roadway and where the names and professions or business names of the various tenants and/or occupants are displayed.

PORTABLE SIGNAny sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including but not limited to signs designed to be transported by means of wheels; signs converted to A or T frames; menu and sandwich board signs; balloons or other inflatable objects used as signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operations of the business.

POLITICAL SIGNA sign expressing support for or opposition to a candidate for political office or an issue specific to a current election or referendum and shall include such political paraphernalia as placards, posters, bumper stickers (when not affixed to a moving object or vehicle), banners or the like.

(17)

OFF-SITE SIGNAny commercial sign located on a lot other than the lot occupied by the use, structure, building or event that the sign identifies.

[Amended 6-24-2008 by Ord. No. 2008-5]

(18)

OFFICIAL SIGNAny sign, symbol or device erected, constructed or maintained by the federal, state, county or local government, or any agency thereof; for the purpose of informing or guiding the public or for the protection of the public health, safety and welfare.

(19)

REAL ESTATE SIGNA sign of an owner of real property or of a licensed real estate broker designating a property "for sale" or "for lease."

(20)

ROOF SIGNAny sign erected, constructed or maintained upon, over or in front of the roof of any building.

(21)

SIGN HEIGHTIn the case of a freestanding sign, the height of the sign will be computed from grade level to the greatest height at any one point in the sign. In case of an attached sign, no sign can be higher than the level of a second floor windowsill in a two-or-more story building, nor can it be higher than the lowest point of the roof line in a single-story building.

(22)

TEMPORARY SIGNA sign which is not permanently attached to a building structure or permanently affixed to a freestanding structure and which may be erected for a limited period of time.

(23)

VEHICULAR SIGNAny sign permanently or temporarily attached to a nonoperating vehicle. Such a vehicle shall include, but is not limited to, a car, truck, van or a bus.

(24)

WARNING SIGNA sign indicating no trespassing or no fishing and/or hunting and an existing danger where a warning is necessary.

(25)

WINDOW SIGNAny sign erected, constructed or maintained in or on a window of a building, visible from outside the building, whether illuminated or nonilluminated.

General provisions

[Amended 6-24-2008 by Ord. No. 2008-5]

Purpose. It is the purpose of this § 355-94 to promote the public health, safety and welfare by establishing a comprehensive system for the regulation of signs and flagpoles in a reasonable, consistent and nondiscriminatory manner. Signs may only be erected, installed, altered, maintained, used, removed or moved if done in compliance with these regulations. These regulations are intended to:

Enable the identification of places of residence and business;

Allow for the communication of information necessary for the conduct of commerce;

Lessen hazardous situations, confusion and visual clutter caused by proliferation, improper placement, illumination, animation and excessive height, light, area and bulk of signs which compete for the attention of pedestrian and vehicular traffic;

Enhance the attractiveness and economic well-being of the township as a place to live, visit and conduct business;

Protect the public from the dangers of unsafe signs;

Permit signs that are compatible with their surroundings and aid orientation, and preclude placement of signs in a manner that conceals or obstructs adjacent land uses or signs;

Encourage signs that are appropriate to the zoning district in which they are located and consistent with the category of use to which they pertain;

Curtail the size and number of signs and sign messages to the minimum reasonably necessary to identify a residential or business location and the nature of any such business;

Establish sign size in relationship to the scale of the lot and building on which the sign is to be placed or to which it pertains;

Preclude signs from conflicting with the principal permitted use of the site or adjoining sites;

Regulate signs in a manner so as to not interfere with, obstruct vision of or distract motorists, bicyclists or pedestrians;

(l)

Require signs to be constructed, installed and maintained in a safe and satisfactory manner;

(m)

Preserve and enhance the natural and scenic characteristics of the community; and

(n)

Regulate signs in a manner consistent with the general and commercial free-speech rights.

Message substitution. Subject to the owner’s consent, a noncommercial message of any type may be substituted for any duly permitted or allowed commercial message or any duly permitted and allowed noncommercial message, provided that the sign structure or mounting device is legally compliant without regard to or consideration of the message content. Such substitution of message may be made without any additional approval or permitting. This provision shall prevail over any more specific provisions to the contrary in this section. The purpose of this provision is to prevent any inadvertent favoring of commercial free speech over noncommercial speech or the favoring of any particular noncommercial message over any other noncommercial message. This provision does not create a right to increase the total amount of signage on a parcel, nor does it affect the requirement that a sign structure or mounting device have proper permits.

Procedural application. Notwithstanding any indication to the contrary, the provisions of this section shall be applied equally and without regard to the message or content of any sign. Applications conforming to these regulations shall be processed and granted within 14 business days of receipt of the complete application. However, if the sign is subject to Planning or Zoning Board approval such time frame shall run from the date a complete and conforming application is received subsequent to the Planning or Zoning Board approval. No activity, directive or order changing the status quo at the time an application is filed shall be undertaken or issued during the approval period or any appeal process except by a court of competent jurisdiction.

Severability. Should any part, section, subsection, paragraph, sentence, clause or word of this § 355-94, or any other applicable part of the Township Code, be declared invalid, unenforceable or unconstitutional by judgment of a court of competent jurisdiction, the remaining unaffected portions of this section or Code shall remain in full force and effect. It is specifically determined that the prohibition on billboards in § 355-94E(8)(f) shall remain.

Permitted purpose of signs; nonregulated signs.

Commercial signs shall be, generally, for purposes of identifying the name, location, enterprise or business together with a description of goods or services offered.

[Amended 6-24-2008 by Ord. No. 2008-5]

The following are not considered signs for purposes of these regulations:

Nameplate and address in residential zone.

Prospective sale or rental signs.

Official government agency signs.

Signs advertising sale of products grown on the premises.

Signs prohibiting or controlling trespassing, hunting and/or fishing and warning signs.

Permit requirements.

A zoning permit must be obtained prior to the erection, installation, alteration or relocation of any sign, except those signs permitted under Subsection F below.

A building permit must be obtained prior to the erection, installation, alteration or relocation of any sign except as follows:

Nonilluminated functional/direction signs.

A change in the copy of an approved sign.

A certificate of conformance must be obtained after erection, installation, alteration or relocation or any sign to confirm that the property and the sign conform to all applicable laws, ordinances and regulations.

Regulations applicable to all signs in all zoning districts.

There shall be a minimal distance of 15 feet between any side property line and the nearest portion of any freestanding sign erected under the provisions of this chapter, and there shall be a minimum distance of 50 feet between the nearest portions of any freestanding sign and another freestanding sign.

No sign shall be placed in a position that will cause danger to traffic on a street or entering a street by obscuring the view of traffic on either street. In no case shall any sign, other than an official governmental sign or functional/direction sign, be erected within the official right-of-way of any street unless specifically authorized by ordinance or regulations of the Township.

All signs shall be permanently fixed to the ground or attached to a building or structure in a manner conforming to the New Jersey Uniform Construction Code and all other applicable statutes, ordinances and regulations.

No sign shall be erected containing information on it which states or implies that a property may be used for any purpose not permitted in the zoning district in which the property to which the sign relates is located.

Except as provided in Subsection G(7) below, banners, spinners, flags and pennants solely for the purpose of announcing the grand opening of a business or use on the property shall be permitted for a thirty-day period during the opening of a new business or change of ownership. Notice of the installation of a sign permitted under this subsection must be provided to the Zoning Officer not later than five days before the sign is to be erected.

Functional/directional signs shall not exceed three square feet in area per sign and shall not include company logos or other advertising information.

Except as specifically required in any specific zoning district, all freestanding signs other than those permitted within the right-of-way shall be erected either with the bottom of the sign at least 10 feet above grade level or shall be set back from the street right-of-way line a distance not less than 10 feet.

The following signs shall be prohibited in all zones:

A flashing, blinking, twinkling, animated, tracer-type, moving or projected sign of any type or a sign which presents an illusion of movement. This prohibition shall not apply to static time and temperature displays.

Any sign erected, constructed or maintained so as to obstruct any fire escape, window, door or opening used as a means of egress or ingress.

Any sign whose form, character or shape may confuse or dangerously distract the attention of the operator of a motor vehicle.

Any advertisement or message which uses a series of two or more signs or units placed in a line parallel to the highway or in a similar fashion, all carrying a single advertising message, part of which is contained on each sign.

Any freestanding sign exceeding 20 feet in height.

Off-site signs, including commercial billboards.

Any sign which, when applying contemporary community standards, has a dominant theme or purpose which appeals to prurient interests.

Mobile signs, including A or T frame signs, menu or sandwich board signs, tethered balloons and inflatable signs.

Vehicular signs when the vehicle is parked for display purposes on private property.

Signs bearing laudatory text or including service or product names normally furnished by any such proprietor. Identification signs shall allow the principal name of the establishment or proprietor and a brief description of the principal goods or service offered.

Signs attached to the facade of a building or structure that extend beyond the highest point of the facade on which they are erected.

The size of any sign shall be computed by multiplying its greatest height by its greatest length, inclusive of supporting structures, unless such supporting structure is a pole or other similar apparatus that allows clear view around and under such sign. Two-sided freestanding signs containing the same copy on both sides shall be measured by using the surface area of one side of the sign only. Where there is different copy on each side of the sign, each side shall be considered a separate sign.

Individual channel letter signs illuminated by neon gas are permitted only where illuminated signs are permitted. The envelope around the exterior perimeter of all channel tubing shall be determined and must comply with the size regulations applicable to such sign. Neon logo signs which may be seen from the exterior of any establishment, enterprise or business are signs for purpose of these sign regulations.

When the name or other identifying information with respect to any establishment, enterprise or business, except for the building number, street address or building name, is located on any awning or canopy attached to the building in which the establishment, enterprise or business is located, the entire awning or canopy shall be considered the sign for purposes of these regulations. The maximum permitted size of an awning or canopy sign shall be determined as follows:

For nonilluminated canopy or awning signs, only the wording and/or logo installed, painted or printed on such awning or canopy shall be considered the sign.

For illuminated canopy or awning signs, the entire canopy or awning shall be considered the sign.

Only roof signs meeting the definition of attached signs are permitted. Permitted roof signs may not be erected any higher than centered on the roof surface to which such sign is attached.

Signs permitted in all districts without zoning permits.

No more than one nonilluminated temporary sign indicating the prospective or completed sale or rental of the premises upon which it is located. This sign shall not exceed six square feet in area and four feet in height for a residential use and shall not exceed 32 square feet in area and six feet in height for a commercial or industrial establishment. The sign shall be removed within seven days after consummation of a lease or sales transaction.

Temporary signs announcing any educational, charitable, civic, religious or similar event, excluding political signs governed by Subsection F(6) below. Signs may be double-faced. The size of all temporary signs shall not exceed 32 square feet in area (measuring the single face of the structure) and six feet in height. The number of temporary signs shall be limited to one sign per property frontage and shall be noncommercial in nature. Temporary signs shall be constructed of material adequate to resist deterioration due to weather or other conditions and shall not be illuminated. Signs shall be removed within seven days subsequent to the event announced.

[Amended 6-24-2008 by Ord. No. 2008-5]

Not more than two temporary ground signs advertising a subdivision which has been approved by the Township, provided that each sign does not exceed 32 square feet in area. In no case shall any such sign be located closer than 25 feet to any street line. Temporary subdivision signs shall not be permitted after residences have been erected on 75% of the lots in the subdivision or after more than 75% of the lots have been sold by the developer.

A sign indicating site development or construction by a builder shall not exceed 32 square feet and shall be limited to one sign per street frontage. The sign shall not be erected until final approvals are obtained from the reviewing board. The sign may remain up until the project is completed.

Signs prohibiting or otherwise controlling trespassing, fishing and/or hunting shall be limited to one sign for each 50 feet of street frontage. Each such sign shall not exceed one square foot in area.

Temporary political signs shall be permitted. Signs may be double-faced. The size of any one temporary sign shall not exceed 16 square feet in area (measuring the single face of the structure) and six feet in height. Temporary political signs shall be constructed of material adequate to resist deterioration due to weather or other conditions and shall not be illuminated. Temporary political signs shall not be permitted until twenty-nine days before the event or election. Temporary political signs shall be removed within seven days after the event or election.

[Amended 6-24-2008 by Ord. No. 2008-5; 11-23-2010 by Ord. No. 2010-16]

One temporary sign advertising hiring of employees which shall only be a plastic or wooden-type sign, which shall not exceed eight square feet in area and shall not be installed within any local, county or state right-of-way. A temporary hiring sign shall be limited to a maximum time period of 30 calendar days and for no more than four time periods during any one calendar year.

Temporary contractor signs. Temporary contractors' advertising signs may be installed on a residential lot under the following conditions:

One sign may only be installed at the commencement of the improvements, renovation or construction.

The sign may not exceed five square feet in size.

The sign shall be removed when the improvements, renovation or construction is completed.

The maximum duration of any such sign shall not exceed 30 calendar days per contractor.

No sign is to be installed in any municipal, county or state right-of-way.

Temporary real estate directional signs.

"Temporary real estate directional signs" shall be defined as removable, freestanding signs, to be placed in or on the ground, not to exceed 18 inches in height, 24 inches in width and no higher than 30 inches above existing grade and shall only indicate the location or directions to a residential property in the Township to announce an open house utilized in connection with the marketing of that property.

No more than one temporary directional sign shall be located on any one lot or within 500 feet of any other temporary directional sign in any right-of-way. The maximum number of temporary signs shall be limited to four for any one open house.

A temporary directional sign may only be installed during the hours from 12:00 noon to 5:00 p.m. on the day the open house is being conducted. All temporary signs shall be removed no later than 6:00 p.m. of the day of the open house.

A temporary directional sign, as defined herein, shall not include any illumination, nor shall there be affixed thereon any balloon, streamer or any other decorative accessory.

Signs identifying the presence of a security system on the property shall be limited to one sign for each premises and shall not exceed one square foot in area.

Signs and flagpoles permitted in all districts with zoning permit.

All signs other than signs specifically prohibited by this section or signs permitted without a zoning permit pursuant to Subsection F above are permitted, subject to Subsections G(2) through G(6), and Subsection H below, with a zoning permit and all applicable building permits.

Changeable copy signs shall be permitted only as follows:

Movie theaters.

As permitted under Subsection G(3) below.

As a portion of the identification sign for any professional office, provided the following criteria are met:

The changeable copy portion of the sign may not exceed 75% of the total sign area.

The changeable copy cannot be used to advertise any business located on the property or any products or services sold at the property or provided on or from the property.

In addition to the signs authorized in the zones permitting filling stations, fuel, oil and gasoline filling stations may display one sign for the purpose of indicating their gasoline price only. The additional price sign shall not be attached to the building, but shall be attached to the approved freestanding station identification sign located on the site. The size of the price sign shall not exceed 12 square feet in area.

One identification sign for churches, hospitals, schools, police, fire, playgrounds, parks and public utility installations shall be permitted and shall not exceed 24 square feet in area. In addition, a changeable copy sign not exceeding 16 square feet in area and six feet in height shall also be permitted. The changeable copy sign may be substituted with a permanent sign 16 square feet in area and six feet in height to indicate charitable functions such as but not limited to bingo.

One sign advertising the sale of farm produce raised on the property from which it is sold, provided that such sign shall not be greater than 30 square feet in area.

A sign identifying a multifamily residential development shall not exceed 32 square feet and shall be limited to one per street frontage.

Permanent signs identifying a residential subdivision shall be permitted in accordance with the following:

Signs may be illuminated by external low-level, ground-mounted spotlights.

Signs, including any structure on which the sign is mounted, must be ground-mounted and no larger than 32 square feet.

If the sign is to be installed by the developer, it must be shown on the final subdivision plat and located on a private lot or parcel, or within the common areas owned and controlled by the homeowners' association applicable to the development.

The homeowners' association shall be solely liable for all maintenance, repair, utility cost and insurance for such sign. The sign and all adjacent landscaping shall be kept in a well maintained state.

The provisions applicable to such sign in the homeowners' association governing documents must be reviewed and approved by the Township Solicitor.

The homeowners' association documents must give the Township the right and power but not the obligation to maintain the sign if the homeowners' association fails to maintain the same and to assess the owner of the lot on which the sign exists for the costs to complete such maintenance and repair.

If the sign is installed upon the application of the homeowners' association, the applicant shall execute an agreement containing provisions similar to Subsection G(6)(c)[1] and [3] above as a condition of such approval. The form of agreement shall be approved by the Township Solicitor.

The sign must be located outside of all applicable site triangles.

Banners located in a designated area approved as part of the final site plan approval for the development so long as they meet the following conditions:

The property owner/occupant may only display a banner a total of four times each calendar year.

Each banner may only be displayed up to a total of 14 consecutive days. If less days are used, the extra days are forfeited.

The maximum size of any banner is the maximum permitted size of any facade or attached sign applicable to the property.

Flagpoles may be installed on a lot and must meet the following requirements:

The front and side yard setbacks applicable to flagpoles shall be 1/2 of the applicable minimum building front and side yard setback; provided, however, that no flagpole may be installed or erected in any required buffer area.

The maximum height of flagpoles is the maximum height for buildings permitted in the applicable zoning district.

Sign regulations applicable to specific zoning districts.

Specific signs in Industrial (M) and Office (O) Zones.

Each industrial/office establishment may have one sign on or attached to the facade of the establishment on each public street frontage. The sign shall not project or extend more than two feet beyond the building line and shall not exceed an area equal to either 15% of the facade area of the establishment facing the street, including window and door area on which they are displayed, or 50 square feet, whichever is smaller.

Each development with at least 100 feet of lot frontage on a public street may have one freestanding sign on each public street frontage, provided that such signs are not larger than one-half square foot of sign per linear front foot of building, with a maximum of 75 square feet of area, and shall be erected within the property lines of the development to which they relate. In the case of a group of two or more business uses sharing a common parking area, one freestanding sign shall be permitted for the purpose of identifying the site as an office complex or other professional use or identifying the users within the development. Such sign shall not be larger than one-half square foot of sign per linear front foot of building, with a maximum of 75 square feet, and must be erected within the property lines of the use to which it relates.

Specific signs in Commercial (C) and PCD Zones.

Each commercial establishment may have one sign on or attached to the facade of the establishment on each public street frontage. If the principal facade frontages of a group of commercial establishments located in a shopping center or office complex are oriented toward an internal pedestrian walkway or roadway, each commercial business establishment may have one sign on or attached to the facade facing such walkway or roadway. The sign shall not project or extend more than two feet beyond the building line and shall not exceed 15% of the facade area of the establishment facing the street, including window and door area on which they are displayed, or 150 square feet, whichever is smaller.

Each development with at least 100 feet of lot frontage on a county road or municipal street may have one freestanding sign on each public street frontage, provided that such signs are not larger than one-half square foot of sign per linear foot of building frontage, with a maximum of 75 square feet of area, and shall be erected within the property lines of the development to which they relate.

In the case of a group of two or more business uses sharing a common parking area, one freestanding sign shall be permitted for the purpose of identifying the site as an office complex, shopping center or other commercial or professional use or identifying the users within the development. Such sign shall not be larger than one-half square foot of sign per linear foot of building frontage for all uses sharing the parking areas, with a maximum of 200 square feet, and must be erected within the property lines of the use to which it relates.

Each development with at least 100 feet of street frontage on a state highway may have one freestanding sign on the state highway (subject to Department of Transportation approval, if required), provided that such sign shall not be larger than one-half square foot of sign area per linear foot of building frontage, with a minimum of 32 square feet and a maximum of 75 square feet of area, and shall be erected within the property lines of the development to which such sign relates.

Blade signs. One blade sign shall be permitted along walking promenades to identify an individual business use in lieu of a building identification sign. The sign shall not exceed six square feet in size, and the bottom of the sign shall not be less than eight feet above the paving ground.

Specific signs in Neighborhood Commercial (NC-1 and NC-2) Zones.

[Added 12-7-2005 by Ord. No. 2005-38]

Each commercial establishment may have one sign on or attached to the facade of the establishment on each collector or higher street frontage. If the principal facade frontages of a group of commercial establishments located in a shopping center or office complex are oriented toward an internal pedestrian walkway or driveway, each commercial business establishment may have one sign on or attached to the facade facing such walkway or driveway in place of the sign facing the public street frontage. Facade signs shall not project or extend from the building facade more than one foot and shall not exceed 7% of the facade area of the establishment facing the street, including window and door areas on which they are displayed or 70 square feet, whichever is smaller. In addition, each establishment may have an identification sign on or next to its main entrance not more than two square feet in size.

Each commercial project with at least 150 feet of lot frontage on a collector or higher street may have one freestanding sign on each such street frontage meeting the minimum frontage requirement, provided that such signs shall not be larger than 50 square feet nor more than eight feet high. Such sign shall be erected within and a minimum of 10 feet from the property lines of the development to which it relates. In no event shall such sign be erected within the sight triangle of any intersection or driveway.

Fines and penalties. In the event that an existing nonconforming sign is altered or proposed to be altered, the sign must either be brought into conformance with this chapter or removed immediately. An alteration will include change of size and/or configuration of sign and/or substantial reconstruction after destruction by fire, storm or other calamity. Substantial reconstruction shall mean that at least 50% of the sign and/or supporting structure will require replacement. All owners of nonconforming signs will be notified that their signs are nonconforming and of the terms of this chapter.

§ 355-95 Structures within setbacks from bodies of water.

Wherever a lake-fronting residential dwelling exists, a waterfront structure (platform/deck) may be constructed closer than restricted by § 355-87 above, provided that the proposed plans meet the following conditions:

The structure does not exceed 250 square feet in size.

The dimensions of the structure shall not extend farther into the water body than 12 feet from the lake frontage (edge of water).

The structure shall not be raised more than 30 inches above the natural ground level.

Any connecting walkways do not exceed four feet in width from any other structures permitted in the normal building envelope required in the zone district.

The proposed structure has received an approval from the State Department of Environmental Protection, Division of Coastal Resources and/or the Army Corps of Engineers, and all other applicable authorities, if the proposed structure is to be located in a stream encroachment, floodplain or wetland designated area.

§ 355-96 Temporary access structures and ramps.

Temporary access structures and ramps may be installed on a residential property, within the front or side yard setback areas, for a period not to exceed six months with verification of the need for the access from a licensed physician. The zoning permit may be extended for an additional six months if the need is justified to the satisfaction of the Zoning Officer.

Any extension of time beyond the maximum of one-year limit provided by this section shall require the submission of an application to the Zoning Board for an approval of a variance to permit the access structure and ramp to remain for a longer period of time.

Any temporary access structure or ramp installed or constructed under the special provisions of this section must be removed when the ownership or tenancy of the property changes.

§ 355-97 Permitted exceptions to height limitations.

Nothing in this chapter shall prevent the erection above the building height limit of a parapet wall, cornice or screen wall extending above such height limit not more than four feet.

The height limitations in this chapter shall not apply to church spires, belfries, cupolas, domes not used for human occupancy, nor to chimneys, ventilators, skylights, water tanks, bulkheads, and necessary mechanical appurtenances usually carried above the roof level or to noncommercial radio and television antennas, except where, in the opinion of the reviewing board engineer, such may be deemed to interfere with aerial navigation or constitute a fire hazard. Such features, however, shall not exceed in total coverage 20% of the total roof area and shall not exceed a reasonable height in relation to the height of the building which it is on at the roof line.

§ 355-98 Satellite earth station antennas.

Satellite television earth station dish antennas, commonly referred to as "dish antennas," including structural supports, shall be considered accessory structures. The following regulations shall apply to all satellite dish antennas:

A satellite dish antenna is permitted as an accessory use only on a lot that contains a principal structure.

A building structure or roof-mounted satellite dish shall not exceed 24 inches in diameter or 10 feet in overall height. A building permit shall not be required for a satellite dish antenna less than two feet in diameter which is attached to any building, structure or roof in accordance with the requirements of the Uniform Construction Code.

The minimum rear and side yard setbacks for freestanding, ground-mounted satellite dish antennas shall be 15 feet.

In case of a reverse frontage lot, no freestanding, ground-mounted satellite dish antenna shall be erected closer than 25 feet from the right-of-way line at the street which abuts the rear of the lot.

In case of a corner lot abutting two streets, freestanding, ground-mounted satellite dish antennas shall not be located nearer to the right-of-way line of the street forming the side yard boundary than the required front yard setback on such street.

Ground-mounted satellite dish antennas shall be located in the rear yard only.

Power control and signal cables from the ground-mounted satellite dish antenna to the served structure shall be buried.

No residential lot may contain more than one satellite dish antenna. No nonresidential lot may contain more than one satellite dish antenna per individual business use.

The freestanding, ground-mounted satellite dish antenna shall be located and/or screened so that it is not visible from a public right-of-way or any adjacent residential property. Screening shall consist of a minimum of a double row of 100% evergreen plantings six feet apart and shall be five feet to six feet high at the time of planting. A combination of landscaping and fencing may be accepted by the Zoning Officer, at his discretion, as a substitute for the above screening requirement. Also, partial relief from this requirement may be granted by the Zoning Officer if, in his opinion, reception of the satellite signal is hampered by the screening.

Design standards.

The surface receiving area of any reflective dish shall not exceed 25 square feet.

The freestanding, ground-mounted satellite dish antenna shall be erected on a secure ground-mounted foundation.

The overall height from the ground level to the highest point of the freestanding, ground-mounted dish satellite antenna or any attachments thereto, when extended to the full height, shall be no more than 15 feet.

Satellite dish antennas shall be considered permitted accessory structures in all nonresidential zones, subject to site plan review by the reviewing board with jurisdiction over the site plan application. Site plan approval is not required if the proposed satellite dish antenna is less than 36 inches in diameter.

A building permit and electrical permit will be required for the installation of any building-, structure- or roof-mounted satellite dish antenna exceeding two feet in diameter or any freestanding, ground-mounted satellite dish antenna.

§ 355-99 Fair share requirements for low- and moderate-income housing.

[Added by Ord. No. 2003-20]

This section of the Delran Township Code sets forth regulations regarding low- and moderate-income housing units in Delran Township that are consistent with the provisions of N.J.A.C. 5:93 et seq. as effective on June 6, 1994. These rules are permitted pursuant to the Fair Housing Act of 1985[1] and Delran Township's constitutional obligation to provide for its fair share of low- and moderate-income housing.

Delran Township's new construction inclusionary component will be divided equally between low- and moderate-income households as per N.J.A.C. 5:93-2.20.

Except for inclusionary developments constructed pursuant to low-income tax credit regulations and the Summerhill and Glenbrook developments which were the subject of court orders:

At least half of all units within each inclusionary development will be affordable to low-income households;

At least half of all rental units will be affordable to low-income households; and

At least one-third of all units in each bedroom distribution pursuant to N.J.A.C. 5:93-7.3 will be affordable to low-income households.

Inclusionary developments that are not age-restricted will be constructed in conjunction with realistic market demands so that:

The combination of efficiency and one-bedroom units are at least 10% and no greater than 20% of the total low- and moderate-income units;

At least 30% of all low- and moderate-income units are two-bedroom units;

At least 20% of all low- and moderate-income units are three-bedroom units; and

Low- and moderate-income units that are age-restricted may utilize a modified bedroom distribution. At a minimum, the number of bedrooms will equal the number of age-restricted low- and moderate-income units within the inclusionary development.

In conjunction with realistic market information, the following criteria will be used in determining maximum rents and sale prices:

Efficiency units will be affordable to a one-person household;

One-bedroom units will be affordable to 1.5-person households;

Two-bedroom units will be affordable to three-person households;

Three-bedroom units will be affordable to 4.5-person households;

Median income household size will be established by a regional weighted average of the uncapped Section 8 income limits published by HUD as per N.J.A.C. 5:93-7.4(b);

The maximum sales price of low- and moderate-income units within each inclusionary development will be affordable to households earning no more than 70% of median income. In averaging an affordability range of 55% for sale units, this section will require moderate-income sale units to be available for at least two different prices and low-income sale units to be available for at least two different prices;

For both owner-occupied and rental units, the low- and moderate-income units will utilize the same heating source as market units within an inclusionary development;

Low-income units will be reserved for households with a gross household income less than or equal to 50% of the median income approved by COAH; moderate-income units will be reserved for households with a gross household income less than 80% of the median income approved by COAH as per N.J.A.C. 5:93-7.4(g); and

The regulations outlined in N.J.A.C. 5:93-9.15 and 9.16 will be applicable for purchased and rental units.

For rental units, developers and/or municipal sponsors may:

Establish one rent for a low-income unit and one for a moderate-income unit for each bedroom distribution;

Gross rents, including an allowance for tenant-paid utilities, will be established so as not to exceed 30% of the gross monthly income of the appropriate household size as per N.J.A.C. 5:93-7.4(f). The tenant-paid utility allowance will be consistent with the utility allowance approved by HUD for New Jersey; and

The maximum rents of low- and moderate-income units within each inclusionary development will be affordable to households earning no more than 60% of the median income. In averaging an affordability range of 52% for rental units, developers and/or municipal sponsors of rental units may establish one rent for a low-income unit and one rent for a moderate-income unit for each bedroom distribution.

For-sale units:

The initial price of a low- and moderate-income owner-occupied for-sale unit will be established so that after a downpayment of 5%, the monthly principal, interest, homeowner and private mortgage insurance, property taxes (based on the restricted value of the low- and moderate-income unit) and condominium or homeowner fee do not exceed 28% of the eligible gross monthly income;

Master deeds of inclusionary developments will regulate condominium and homeowner association fees or special assessments of low- and moderate-income purchasers at 100% of those paid by market purchasers. This percentage is consistent with the requirement of N.J.A.C. 5:93-7.4(e). Once established within the master deed, the 100% fee structure will not be amended without prior approval from COAH;

Delran Township will follow the general provisions concerning uniform deed restriction liens and enforcement through certificates of occupancy or reoccupancy on sale units as per N.J.A.C. 5:93-9.3;

Delran Township will require a certificate of reoccupancy for any occupancy of low- or moderate-income sale unit resulting from a resale as per N.J.A.C. 5:93-9.3(c);

Municipal, state, nonprofit and seller options regarding sale units will be consistent with N.J.A.C. 5:93-9.5 through 5:93-9.8. Municipal rejection of repayment options for sale units will be consistent with N.J.A.C. 5:93-9.9;

The continued application of options to create, rehabilitate or maintain low- and moderate-income sale units will be consistent with N.J.A.C. 5:93-9.10;

Eligible capital improvements prior to the expiration of controls on sale units will be consistent with N.J.A.C. 5:93-9.11; and

The regulations detailed in N.J.A.C. 5:93-9.12 through 5:93-9.14 will be applicable to low- and moderate-income units that are for-sale units.

In zoning for inclusionary developments, the following is required:

Low- and moderate-income units will be built in accordance with N.J.A.C. 5:93-5.6(d):

	Minimum Percent of Low- and Moderate-Income Units Completed	Percent of Market Housing Units Completed
	0%	25%
	10%	25% plus 1 unit
	50%	50%
	75%	75%
	100%	90%
		______________
		100%

A design of inclusionary development that integrates low- and moderate-income units with market units is encouraged as per N.J.A.C. 5:93-5.6(f).

A development fee ordinance was approved by the Superior Court of New Jersey and adopted by Delran Township on May 15, 1999, as Ordinance No. 1999-8.[2]

Editor's Note: See Ch. 150, Fees, § 150-12, Affordable housing development fees.

To provide assurances that low- and moderate-income units are created with controls on affordability over time and that low- and moderate-income households occupy these units, Delran Township will designate the Housing Assistance Service within the New Jersey Department of Community Affairs with the responsibility of ensuring the affordability of sales and rental units over time. The Housing Assistance Service will be responsible for those activities detailed in N.J.A.C. 5:93-9.1(a).

In addition, the Housing Assistance Service will be responsible for utilizing the verification and certification procedures outlined in N.J.A.C. 5:93-9.1(b) in placing households in low- and moderate-income units;

Newly constructed low- and moderate-income sales units will remain affordable to low- and moderate-income households for at least 30 years. The Housing Assistance Service will require all conveyances of newly constructed units to contain the deed restriction and mortgage lien adopted by COAH and referred as Technical Appendix E as found in N.J.A.C. 5:93; and

Housing units created through the conversion of a nonresidential structure will be considered a new housing unit and will be subject to thirty-year controls on affordability. The Housing Assistance Service will require COAH's appropriate deed restriction and mortgage lien.

Regarding rehabilitated units:

Rehabilitated owner-occupied single-family housing units that are improved to code standard will be subject to affordability controls for at least six years.

Rehabilitated renter-occupied housing units that are approved to code standard will be subject to affordability controls for at least 10 years.

Regarding rental units:

Newly constructed low- and moderate-income rental units will remain affordable to low- and moderate-income households for at least 30 years. The Housing Assistance Service will require the deed restriction and lien and deed of easement referred to as Technical Appendix H as found in N.J.A.C. 5:93;

Affordability controls in accessory apartments will be for a period of at least 10 years except if the apartment is to receive a rental bonus credit pursuant to N.J.A.C. 5:93-5.15, then the controls of affordability will extend for 30 years; and

Alternative living arrangements will be controlled in a manner suitable to COAH that provides assurances that such a facility will house low- and moderate-income households for at least 10 years, except if the alternative living arrangement is to receive a rental bonus credit pursuant to N.J.A.C. 5:93-5.15, then the controls on affordability will extend for 30 years.

Section 14(b) of the Fair Housing Act, N.J.S.A. 52:27D-301 et seq. incorporates the need to eliminate unnecessary cost-generating features from Delran Township's land use ordinances. Accordingly, Delran Township will eliminate development standards that are not essential to protect the public welfare and to expedite or fast-track municipal approvals/denials on certain affordable housing developments. Delran Township will adhere to the components of N.J.A.C. 5:93-10.1 through 5:93-10.3.

Delran Township has a fair-share obligation of 232 units, of which 207 is the new construction component. This section will apply to all developments that contain proposed low- and moderate-income units that are listed below and any future developments that may occur:

The affirmative marketing plan is a regional marketing strategy designed to attract buyers and/or renters of all majority or minority groups, regardless of sex, age or number of children to housing units which are being marketed by a developer/sponsor, municipality and/or designated administrative agency of affordable housing. The plan will address the requirements of N.J.A.C. 5:93-11. In addition, the plan prohibits discrimination in the sale, rental, financing or other services related to housing on the basis of race, color, sex, religion, handicap, age, familial status/size or national origin. Delran Township is in the housing region consisting of Burlington, Camden and Gloucester Counties. The affirmative marketing program is a continuing problem and will meet with the following requirements: All newspaper articles, announcements and requests for applications for low- and moderate-income units will appear in the following daily regional newspapers/publications: The Burlington County Times, The Camden Courier Post, and the Gloucester County Times.

The primary marketing will take the form of at least one press release sent to the above publications and a paid display advertisement in each of the above newspapers. Additional advertising and publicity will be on an as-needed basis.

The advertisement will include the description of:

Street address of units;

Direction to housing units;

Number of bedrooms per unit;

Range of price/rents;

Size of units;

Income information; and

Location of applications including business hours and where/how applications may be obtained.

All newspaper articles, announcements and requests for applications for low- and moderate-income housing will appear in neighborhood-oriented weekly newspapers, religious publications and organizational newsletters within the region, if needed, in order to attract sufficient applicants.

The following regional radio and/or cable televisions stations will be used as necessary for public service announcements: WGLS (89.7), Rowan College of New Jersey and WDBK (91.5) Camden County College.

The following is the location of applications, brochures, signs and/or posters used in the affirmative marketing program: Delran Municipal Building, 900 Chester Avenue, Delran, New Jersey; Delran Municipal Library; Burlington County Library; Camden County Library; Gloucester County Library; and developers' sales offices. Major employers: JCI Data Processing; Hoeganaes; and New Bridge Communications.

The following is a list of community contact persons and/or organizations in Burlington, Camden and Gloucester Counties that will aid in the affirmative marketing program with particular emphasis on contacts that will reach out to groups that are least likely to apply for housing within the region:

Affordable Housing Coalition of Burlington;

Burlington County Community Action Program (BCCAP);

Tri-County Community Action Agency;

Camden County Council on Economic Opportunity; and

Fair Share Housing Center.

Quarterly flyers and applications will be sent to each of the following agencies for publication in their journals and for circulation among the members: Boards of Realtors in Burlington, Camden and Gloucester Counties.

Applications will be mailed to prospective applicants upon request.

Additionally, quarterly informational circulars and applications will be sent to the chief administrative employees of each of the following agencies in Burlington, Camden and Gloucester Counties:

Moorestown Ecumenical Neighborhood Development, Inc. (MEND);

Jersey Counseling and Housing Development, Inc.;

Lutheran Social Ministries of New Jersey; and

Mount Holly 2000.

The random selection method that will be used to select occupants of low- and moderate-income housing will be specified by the Housing Assistance Service.

The Housing Assistance Service is the agency under contract with Delran Township to administer the affirmative marketing program. The Housing Assistance Service has a responsibility to income-qualify low- and moderate-income households; to place income-eligible households in low- and moderate-income units upon initial occupancy; to provide for the initial occupancy of low- and moderate-income units with income-qualified households; to continue to qualify households for reoccupancy of units as they become vacant during the period of affordability controls; to assist with advertising and outreach to low- and moderate-income households; and to enforce the terms of the deed restriction and mortgage loan as per N.J.A.C. 5:93-9.1. The Township Clerk within Delran Township is the designated housing officer to act as liaison to the Housing Assistance Service. The Housing Assistance Service will provide counseling services to low- and moderate-income applicants on subjects such as budgeting, credit issues, mortgage qualification, rental lease requirements and landlord/tenant law.

Households who live or work in the COAH-established housing region may be given preference for sales and rental units constructed within that housing region. Applicants living outside the housing region will have an equal opportunity for units after regional applicants have been initially serviced. Delran Township intends to comply with N.J.A.C. 5:93-11.7.

Developers of low- and moderate-income housing units may assist in the marketing of affordable units in their respective developments.

The marketing program will commence at least 120 days before the issuance of either temporary or permanent certificates of occupancy. The marketing program will continue until all low- and moderate-income housing units are initially occupied and for as long as affordable units are deed restricted and occupancy or reoccupancy of units continues to be necessary.

The Housing Assistance Service will comply with monitoring and reporting requirements as per N.J.A.C. 5:93-11.6 and 12.1.

Delran Township will undertake a rehabilitation program to rehabilitate 18 substandard housing units occupied by low- and moderate-income households. Delran Township has designated the Burlington County Home Improvement Loan Program to administer the rehabilitation program, including the preparation of a marketing plan for the rehabilitation program. The rehabilitation program will be consistent with N.J.A.C. 5:93-5.2(b) through 5:93-5.2(1).

The following sites have been designated to meet Delran Township's inclusionary component outlined in the housing element and fair share plan which was adopted by the Planning Board in 2002:

Creekford: Block 118, Lot 4; and

Glenbrook: Block 188, Lot 12.

The exterior appearance of low- and moderate-income units shall be indistinguishable from the facades of market rate units in inclusionary developments. The low- and moderate-income units shall be dispersed throughout inclusionary developments among market rate units of the same tenure type to the greatest practical extent.

Editor's Note: See N.J.S.A. 52:27D-301 et seq.

§ 355-99.1 Electric Vehicle Service Equipment.

[Added 5-9-2023 by Ord. No. 2023-02]

An application for development submitted solely for the installation of EVSE or make-ready parking spaces shall be considered a permitted accessory use and permitted accessory structure in all zoning or use districts and shall not require a variance pursuant to N.J.S.A. 40:55D-70.

EVSE and make-ready Parking Spaces installed pursuant to this chapter in development applications that are subject to site plan approval are considered a permitted accessory use as described in Subsection A above, and shall not be subject to any setback requirements as found elsewhere in this chapter except as such setbacks apply to all off-street parking areas.

All EVSE and make-ready parking spaces shall be subject to applicable local and/or Department of Community Affairs permit and inspection requirements.

The Township Construction Code Official shall enforce all signage and installation requirements described in this section. Failure to meet the requirements in this section shall be subject to the same enforcement and penalty provisions as other violations of Delran Township's zoning regulations.

An application for development for the installation of EVSE or make-ready spaces at an existing gasoline service station, an existing retail establishment, or any other existing building shall not be subject to site plan or other land use board review, shall not require variance relief pursuant to N.J.S.A. 40:55D-1 et seq. or any other law, rule, or regulation, and shall be approved through the issuance of a zoning permit by the administrative officer, provided the application meets the following requirements:

The proposed installation does not violate bulk requirements applicable to the property or the conditions of the original final approval of the site plan or subsequent approvals for the existing gasoline service station, retail establishment, or other existing building;

All other conditions of prior approvals for the gasoline service station, the existing retail establishment, or any other existing building continue to be met; and

The proposed installation complies with the construction codes adopted in or promulgated pursuant to the "State Uniform Construction Code Act," P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), any safety standards concerning the installation, and any state rule or regulation concerning electric vehicle charging stations.

An application pursuant to Subsection E above shall be deemed complete if:

The application, including the permit fee in accordance with the fee requirements for electrical fixtures and devices as found in § 150-6A(2), and all necessary documentation, is determined to be complete;

A notice of incompleteness is not provided within 20 days after the filing of the application; or

A one-time written correction notice is not issued by the Construction Code Official within 20 days after filing of the application detailing all deficiencies in the application and identifying any additional information explicitly necessary to complete a review of the permit application.

EVSE and make-ready parking spaces installed at a gasoline service station, an existing retail establishment, or any other existing building shall be subject to applicable local and/or Department of Community Affairs inspection requirements.

A permitting application solely for the installation of electric vehicle supply equipment permitted as an accessory use shall not be subject to review based on off-street parking requirements.

Requirements for new installation of EVSE and make-ready parking spaces.

As a condition of preliminary site plan approval, for each application involving a multiple dwelling with five or more units of dwelling space, which shall include a multiple dwelling that is held under a condominium or cooperative form of ownership, a mutual housing corporation, or a mixed-use development, the developer or owner, as applicable, shall:

Prepare as make-ready parking spaces at least 15% of the required off-street parking spaces, and install EVSE in at least one-third of the 15% of make-ready parking spaces;

Within three years following the date of the issuance of the certificate of occupancy, install EVSE in an additional one-third of the original 15% of make-ready parking spaces; and

Within six years following the date of the issuance of the certificate of occupancy, install EVSE in the final one-third of the original 15% of make-ready parking spaces.

Throughout the installation of EVSE in the make-ready parking spaces, at least 5% of the electric vehicle supply equipment shall be accessible for people with disabilities.

Nothing in this subsection shall be construed to restrict the ability to install electric vehicle supply equipment or make-ready parking spaces at a faster or more expansive rate than as required above.

As a condition of preliminary site plan approval, each application involving a parking lot or garage not covered in Subsection I(1) above shall:

Install at least one make-ready parking space if there will be 50 or fewer off-street parking spaces.

Install at least two make-ready parking spaces if there will be 51 to 75 off-street parking spaces.

Install at least three make-ready parking spaces if there will be 76 to 100 off-street parking spaces.

Install at least four make-ready parking spaces, at least one of which shall be accessible for people with disabilities, if there will be 101 to 150 off-street parking spaces.

Install at least 4% of the total parking spaces as make-ready parking spaces, at least 5% of which shall be accessible for people with disabilities, if there will be more than 150 off-street parking spaces.

In lieu of installing make-ready parking spaces, a parking lot or garage may install EVSE to satisfy the requirements of this subsection.

Notwithstanding the provisions of this section, a retailer that provides 25 or fewer off-street parking spaces or the developer or owner of a single-family home shall not be required to provide or install any electric vehicle supply equipment or make-ready parking spaces.

Minimum parking requirements.

All parking spaces with EVSE and make-ready equipment shall be included in the calculation of minimum required parking spaces pursuant to § 355-92.

A parking space prepared with EVSE or make-ready equipment shall count as at least two parking spaces for the purpose of complying with a minimum parking space requirement. This shall result in a reduction of no more than 10% of the total required parking.

All parking space calculations for EVSE and make-ready equipment shall be rounded up to the next full parking space.

Additional installation of EVSE and make-ready parking spaces above what is required in Subsection D above may be encouraged, but shall not be required in development projects.

Reasonable standards for all new EVSE and make-ready parking spaces.

Location and layout of EVSE and make-ready parking spaces is expected to vary based on the design and use of the primary parking area. It is expected flexibility will be required to provide the most convenient and functional service to users. Standards and criteria should be considered guidelines and flexibility should be allowed when alternatives can better achieve objectives for provision of this service.

Installation:

Installation of EVSE and make-ready parking spaces shall meet the electrical sub-code of the Uniform Construction Code, N.J.A.C. 5:23-3.16.

Each EVSE or make-ready parking space that is not accessible for people with disabilities shall be not less than nine feet wide or 18 feet in length. Exceptions may be made for existing parking spaces or parking spaces that were part of an application that received prior site plan approval.

To the extent practical, the location of accessible parking spaces for people with disabilities with EVSE and make-ready equipment shall comply with the general accessibility requirements of the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.

Each EVSE or make-ready parking space that is accessible for people with disabilities shall comply with the sizing of accessible parking space requirements in the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.

EVSE parking:

Publicly-accessible EVSE shall be reserved for parking and charging electric vehicles only. Electric vehicles shall be connected to the EVSE. {Note: The use of time limits is optional and shall be determined by the owner.}

Electric vehicles may be parked in any parking space designated for parking, subject to the restrictions that would apply to any other vehicle that would park in that space.

Public parking. Pursuant to N.J.S.A. 40:48-2, publicly-accessible EVSE parking spaces shall be monitored by the municipality's police department and enforced in the same manner as any other parking. It shall be a violation of this section to park or stand a non-electric vehicle in such a space, or to park an electric vehicle in such a space when it is not connected to the EVSE. Any non-electric vehicle parked or standing in a EVSE parking space or any electric vehicle parked and not connected to the EVSE shall be is subject to fine and/or impoundment of the offending vehicle as described in the general penalty provisions of this Municipal Code. Signage indicating the penalties for violations shall comply with Subsection K(5) below. Any vehicle parked in such a space shall make the appropriate payment for the space and observe the time limit for the underlying parking area, if applicable.

Safety.

Each publicly-accessible EVSE shall be located at a parking space that is designated for electric vehicles only and identified by green painted pavement and/or curb markings, a green painted charging pictograph symbol, and appropriate signage pursuant to Subsection K(5) below.

Where EVSE is installed, adequate site lighting and landscaping shall be provided in accordance with Delran Township's ordinances and regulations.

Adequate EVSE protection such as concrete-filled steel bollards shall be used for publicly-accessible EVSE. Non-mountable curbing may be used in lieu of bollards if the EVSE is setback a minimum of 24 inches from the face of the curb. Any stand-alone EVSE bollards should be three to four feet high with concrete footings placed to protect the EVSE from accidental impact and to prevent damage from equipment used for snow removal.

EVSE outlets and connector devices shall be no less than 36 inches and no higher than 48 inches from the ground or pavement surface where mounted, and shall contain a cord management system as described in Subsection K(4)(e) below. Equipment mounted on pedestals, lighting posts, bollards, or other devices shall be designated and located as to not impede pedestrian travel, create trip hazards on sidewalks, or impede snow removal.

Each EVSE shall incorporate a cord management system or method to minimize the potential for cable entanglement, user injury, or connector damage. Cords shall be retractable or have a place to hang the connector and cord a safe and sufficient distance above the ground or pavement surface. Any cords connecting the charger to a vehicle shall be configured so that they do not cross a driveway, sidewalk, or passenger unloading area.

Where EVSE is provided within a pedestrian circulation area, such as a sidewalk or other accessible route to a building entrance, the EVSE shall be located so as not to interfere with accessibility requirements of the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.

Publicly-accessible EVSEs shall be maintained in all respects, including the functioning of the equipment. A 24-hour on-call contact shall be provided on the equipment for reporting problems with the equipment or access to it. To allow for maintenance and notification, Delran Township shall require the owners/designee of publicly-accessible EVSE to provide information on the EVSE's geographic location, date of installation, equipment type and model, and owner contact information.

Signs.

Publicly-accessible EVSE shall have posted regulatory signs, as identified in this section, allowing only charging electric vehicles to park in such spaces. For purposes of this section, "charging" means that an electric vehicle is parked at an EVSE and is connected to the EVSE. If time limits or vehicle removal provisions are to be enforced, regulatory signs including parking restrictions shall be installed immediately adjacent to, and visible from the EVSE. For private EVSE, installation of signs and sign text is at the discretion of the owner.

All regulatory signs shall comply with visibility, legibility, size, shape, color, and reflectivity requirements contained within the Federal Manual on Uniform Traffic Control Devices as published by the Federal Highway Administration.

Wayfinding or directional signs, if necessary, shall be permitted at appropriate decision points to effectively guide motorists to the EVSE parking space(s). Wayfinding or directional signage shall be placed in a manner that shall not interfere with any parking space, drive lane, or exit and shall comply with Subsection K(5)(b) above.

In addition to the signage described above, the following information shall be available on the EVSE or posted at or adjacent to all publicly-accessible EVSE parking spaces:

Hour of operations and/or time limits if time limits or tow-away provisions are to be enforced by the municipality or owner/designee;

Usage fees and parking fees, if applicable; and

Contact information (telephone number) for reporting when the equipment is not operating or other problems.

Usage fees.

For publicly-accessible municipal EVSE: In addition to any parking fees, the fee to use parking spaces within the Township of Delran identified as EVSE spaces shall be $1.50 for each hour that the electric vehicle is connected to the EVSE, for the first two hours, and $3 for each additional hour that the electric vehicle is connected to the EVSE after the first two hours.

This fee may be amended by a resolution adopted by the governing body.

Private EVSE. Nothing in this section shall be deemed to preclude a private owner/designee of an EVSE from collecting a fee for the use of the EVSE, in accordance with applicable state and federal regulations. Fees shall be available on the EVSE or posted at or adjacent to the EVSE parking space.

Delran City Zoning Code

ARTICLE XIX

Supplemental Regulations

§ 355-85 Sight distance requirements.

§ 355-86 Commercial vehicle parking in residential districts.

§ 355-87 Lots including lands with freshwater wetlands, floodplains and similar areas.

§ 355-88 Buffer and landscape design standards.

Buffer design standards.

Where the area and bulk standards for the applicable zoning district require buffers, such buffers shall be shown on all site plans and subdivision plans for development in such zoning districts.

[Amended 1-18-2006 by Ord. No. 2005-39]

[Amended 1-18-2006 by Ord. No. 2005-39]

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

All buffer and other landscaping areas shall be planted and maintained with either grass or ground cover, together with trees and shrubs, and the following criteria shall be used as a guideline:

Any plant material which does not live shall be replaced within one growing season.

Buffer plantings and landscaping shall open at points of vehicular and pedestrian access to assure a clear sight triangle.

Landscaping.

Only nursery-grown plant materials shall be acceptable; and all trees, shrubs, and ground covers shall be planted according to accepted horticultural standards.

Plant species. The plant species selected should be hardy for the climatic zone and appropriate in terms of function and size.

§ 355-89 Fence regulations.

Permit requirements.

Building permit. A building permit is required to construct, erect, enlarge or alter any type of fence in excess of six feet in height or any type of fence to enclose a swimming pool.

Bulk requirements.

Height limitations.

Ornamental fencing, as hereinafter defined, shall be permitted only at the front corners of the property, subject to the following restrictions:

Any such ornamental fencing shall not be higher than three feet.

Any such ornamental fencing shall not exceed 20 feet in length along the front property line and 20 feet in length along the side property line beginning from the front corners of the lot.

Any such ornamental fencing shall not have attached to it wire fencing or enclosures of any type.

[4]

Any such ornamental fencing may be erected on the property line or street line, but in no instance shall the fence be erected in the public right-of-way.

[5]

Open fences may be erected, altered or reconstructed to a height not to exceed four feet when located as follows:

At any property line to enclose a property used for an agricultural use, for containment of livestock or in connection with an outdoor recreation facility.

From the front corners of any building to the side property line, along any side property line to a point parallel with the rear corner of the building.

Open fences may be erected altered or reconstructed to a height not to exceed six feet when located as follows:

[Amended 9-2-2014 by Ord. No. 2014-12]

Setback requirements.

All new and replacement fences shall conform to the setback requirements applicable to the lot at the time the zoning permit is issued.

At or near an intersection of two or more streets, no fence shall be permitted to obstruct the view of motorists traveling on either intersecting street.

On reverse frontage lots, a fence may be erected no closer than 10 feet to the rear property line.

Other requirements.

All fences shall be installed so that rails and posts shall be facing the inside of the owner's property.

No fence shall create an alley, private way or setback from the property line of less than five feet on the property where the fence is to be installed.

Nothing in this chapter shall prevent the erection of an open-wire fence not exceeding eight feet above ground level anywhere within a public park, public playground or school premises.

The following fences and fencing materials are specifically prohibited: barbed-wire, collapsible, canvas, cloth or electrically charged fences or structures.

Required landscaping.

[Added 4-25-2006 by Ord. No. 2006-4]

Requirements applicable to nonresidential fences.

No fence may be erected, altered or reconstructed forward of any building in the front yard.

All fences shall be set back to the building setback line unless otherwise indicated on a final subdivision or site plan approved by the reviewing board.

§ 355-90 Lighting and wiring requirements.

Underground wiring required.

Lighting.

Nonresidential lighting requirements.

All exterior lights shall be designed, located, installed and directed to prevent objectionable light and glare across property lines and above a ninety-degree horizontal plane.

The preferred source of all lighting is high pressure sodium lamps and fixtures.

Shielding and/or cutoff optics shall be required in all installations.

Searchlights and laser lights used for advertising or entertainment are not permitted.

All lighting shall be shielded to prevent glare for drivers or pedestrians and to prevent the light from extending beyond the property line and above the ninety-degree horizontal plane.

Emergency lighting by police, fire and rescue and other authorities is exempt from the requirements of this section.

§ 355-91 Adoption of Residential Site Improvement Standards.

§ 355-92 Nonresidential off-street parking and loading requirements.

Fire lane provision. The provisions of N.J.S.A. 39:5A-1 et seq. shall apply.

Parking for the disabled. The provisions of N.J.A.C. 17:19A-4.4 and the Americans with Disabilities Act shall apply to all parking areas.

[Amended 7-27-2021 by Ord. No. 2021-13]

Nonresidential Off-Street Parking Requirements
Uses		Required Off-Street Parking Spaces
Assembly operation		1 per 800 square feet of gross floor area
Auto body and auto repair shops		2 per 1,000 square feet of gross floor area, plus 1 per each vehicle used on site
Auto, truck or similar dealerships		2.5 per 1,000 square feet of gross floor area excluding auto repair, plus 110% of maximum vehicle inventory, plus spaces for auto repair per code
Bar		1 per 2 seats
Bowling alley		4 per alley
Cannabis cultivator		1 per every 1,000 square feet of gross floor area
	Cannabis delivery service	1 per every 1,000 square feet of gross floor area, plus 1 parking space for every delivery driver or fleet vehicle
	Cannabis distributor	1 per every 1,000 square feet of gross floor area
	Cannabis manufacturer	1 per every 1,000 square feet of gross floor area
	Cannabis retailer	1 per every 200 square feet of gross floor area
	Cannabis wholesaler	1 per every 1,000 square feet of gross floor area
Car wash, full-service		10 per washing lane
Car wash, self-service		1 per bay, plus 1 per employee
Church/synagogue/house of worship		1 per 3 seats
Convention areas		1 per 3 seats
Fiduciary institutions		1 per 300 square feet of gross floor area
Hospitals		2 per bed
Hotel/motel		1 per room, plus 0.5 per employee, plus convention area requirement as applicable
Industrial		1 per 800 square feet of gross floor area
Library		1 per 300 square feet of gross floor area
Manufacturing		1 per 800 square feet of gross floor area
Medical center		1 per 250 square feet of gross floor area
Nightclub		1 per 3 seats
Nurseries and child day care		1 per 3 children under 2 years old, 1 per 5 children 2 years or older, plus 4 per 1,000 square feet of gross floor area
Nursing homes, assisted living facilities, skilled-care nursing facilities or similar convalescent facilities		0.5 per bed, plus 1 per employee maximum shift
Offices:
	Under 49,999 square feet of gross floor area	4.5 per 1,000 square feet of gross floor area
	50,000 to 99,999 square feet of gross floor area	4 per 1,000 square feet of gross floor area
	100,000 plus square feet of gross floor area	3.5 per 1,000 square feet of gross floor area
Recreation, indoor		2.5 per 1,000 square feet used by participants (excluding bowling alleys); 1 per 3 spectator seats; plus 1 per employee maximum shift
Recreation, outdoor		Sufficient space shall be provided on site to prevent parking along public rights-of-way and other off-site areas, fire lanes and parking aisles as determined by the review board
Research		1 per 1,000 square feet of gross floor area
Restaurant (with seats)		1 per 3 seats, plus 1 per employee maximum shift
Restaurant (no seats, such as water ice, custard and ice cream sales)		1 per 50 square feet of gross floor area
Retail store		1 per 200 square feet of gross floor area
School (elementary)		2 per classroom, but not less than 1 per teacher and staff
School (intermediate)		1.5 per classroom, but not less than 1 per teacher and staff
School (secondary)		2.5 per classroom, but not less than 1 per teacher and staff
Service station, fuel only		0.5 per fill area, plus 1 per employee maximum shift. If retail sales and vehicle space, see requirements
Service station, full-service		4 per bay and working area
Shopping center:
	Under 400,000 square feet of gross leasable area	4 per 1,000 square feet of gross leasable area
	400,000 to 599,999 square feet of gross leasable area	4.5 per 1,000 square feet of gross leasable area
	600,000 plus square feet of gross leasable area	5 per 1,000 square feet of gross leasable area
Storage areas		1 per 5,000 square feet of gross leasable area
Theater:
	In shopping center	1 per 3 seats
		1 per 4 seats
Warehouse (shipping/receiving)		1 per 5,000 square feet of gross floor area
Other general uses not specially stated		4.5 per 1,000 square feet of gross floor area

The required number of parking spaces is 20 or greater.

The deed restriction, covenant or similar instrument and the performance guaranty shall be subject to the approval of the Township or Board Solicitor.

Parking space dimensions. The following minimum dimensions for parking spaces shall apply:

Commercial (retail and wholesale), office, industrial and government uses: nine feet wide by 18 feet deep.

Parallel spaces for any use: nine feet by 22 feet wide.

Parking aisle and drive dimensions. The following minimum dimensions for parking aisles and drives shall apply:

Aisles
Angle of Parking Spaces (degrees)	One-Way Aisle (feet)	Two-Way Aisle (feet)
90	22	25
60	18	20
45	15	None permitted
Parallel	12	18

Drives
Drive Type	One-Way Drive (feet)	Two-Way Drive (feet)
Entrance drive, on roads with less than 39 mph speed limit	20	25
Entrance drive, on roads with greater than 39 mph speed limit	22	30
Internal collector	18	25
Internal collector, with fire lane	25	30

	Total Number of Parking Spaces	Length of Maneuver-Free Drive (feet)
	Less than 39	20
	40 to 99	40
	100 to 250	60
	Greater than 250	60, plus 20 for each additional 500 spaces or part thereof

	Intersection	Minimum Distance (feet)
	Entrance drive to entrance drive, less than 150 feet street frontage (measured from center lines)	60
	Entrance drive to intersecting rights-of-way, greater than 150 feet frontage (measured from center line to rights-of-way)	100
	Entrance drive to intersecting rights-of-way, less than 150 frontage (measured from center line to rights-of-way)	35
	Entrance drive to intersecting rights-of-way, greater than 150 frontage (measured from center line to rights-of-way)	75

Ingress and egress to parking areas. Access to parking areas from public streets shall be limited to one per street frontage up to a maximum of two per site, with the following exceptions:

Two entrance drives on one public street shall be permitted for lots or premises with frontage in excess of 300 feet, up to a maximum of three per site.

Lighting.

Standards for illumination.

The maximum mounting height of exterior lighting shall conform to the following schedule:

	Building Height (feet)	Maximum Fixture Mounting Height (feet)
	Up to 24	14
	25 or greater	20

§ 355-93 Bicycle compatible roadways and bikeways.

§ 355-94 Sign and flagpole regulations.

Definitions. The following terms, when used in this chapter as they relate to signs, shall have the following meanings:

SIGN

AWNING OR CANOPY SIGNAny sign attached to the building awning or canopy.

BLADE SIGNA business identification sign positioned 90° to the building so as to be visible to pedestrians along walking promenades.

CHANGEABLE-COPY SIGNA sign or portion thereof that allows for the message portion of the sign to be changed.

DEVELOPMENT SIGNA sign designating the name of a subdivision of residential homes, whether single-family or multifamily, attached or detached, or an apartment complex.

EXTERNALLY LIGHTEDAny sign whose sole source of artificial illumination is outside the display portion of the sign.

FACADEThe face of a building that is considered to be the architectural front, and usually given special architectural treatment. The facade does not include mansard or other roof designs.

FREESTANDING SIGNAny sign not attached to a building, erected, constructed or maintained on a post or pole or other bracing or supporting device, being to support the sign.

INTERNALLY LIGHTEDAny sign whose sole source of artificial illumination is contained within the display portion of the sign.

MANSARD ROOFA hipped roof usually having a double slope or compound curve, the lower slope being much steeper than the upper slope.

OFF-SITE SIGNAny commercial sign located on a lot other than the lot occupied by the use, structure, building or event that the sign identifies.

[Amended 6-24-2008 by Ord. No. 2008-5]

(18)

(19)

REAL ESTATE SIGNA sign of an owner of real property or of a licensed real estate broker designating a property "for sale" or "for lease."

(20)

ROOF SIGNAny sign erected, constructed or maintained upon, over or in front of the roof of any building.

(21)

(22)

TEMPORARY SIGNA sign which is not permanently attached to a building structure or permanently affixed to a freestanding structure and which may be erected for a limited period of time.

(23)

VEHICULAR SIGNAny sign permanently or temporarily attached to a nonoperating vehicle. Such a vehicle shall include, but is not limited to, a car, truck, van or a bus.

(24)

WARNING SIGNA sign indicating no trespassing or no fishing and/or hunting and an existing danger where a warning is necessary.

(25)

WINDOW SIGNAny sign erected, constructed or maintained in or on a window of a building, visible from outside the building, whether illuminated or nonilluminated.

General provisions

[Amended 6-24-2008 by Ord. No. 2008-5]

Enable the identification of places of residence and business;

Allow for the communication of information necessary for the conduct of commerce;

Enhance the attractiveness and economic well-being of the township as a place to live, visit and conduct business;

Protect the public from the dangers of unsafe signs;

Permit signs that are compatible with their surroundings and aid orientation, and preclude placement of signs in a manner that conceals or obstructs adjacent land uses or signs;

Encourage signs that are appropriate to the zoning district in which they are located and consistent with the category of use to which they pertain;

Curtail the size and number of signs and sign messages to the minimum reasonably necessary to identify a residential or business location and the nature of any such business;

Establish sign size in relationship to the scale of the lot and building on which the sign is to be placed or to which it pertains;

Preclude signs from conflicting with the principal permitted use of the site or adjoining sites;

Regulate signs in a manner so as to not interfere with, obstruct vision of or distract motorists, bicyclists or pedestrians;

(l)

Require signs to be constructed, installed and maintained in a safe and satisfactory manner;

(m)

Preserve and enhance the natural and scenic characteristics of the community; and

(n)

Regulate signs in a manner consistent with the general and commercial free-speech rights.

Permitted purpose of signs; nonregulated signs.

Commercial signs shall be, generally, for purposes of identifying the name, location, enterprise or business together with a description of goods or services offered.

[Amended 6-24-2008 by Ord. No. 2008-5]

The following are not considered signs for purposes of these regulations:

Nameplate and address in residential zone.

Prospective sale or rental signs.

Official government agency signs.

Signs advertising sale of products grown on the premises.

Signs prohibiting or controlling trespassing, hunting and/or fishing and warning signs.

Permit requirements.

A zoning permit must be obtained prior to the erection, installation, alteration or relocation of any sign, except those signs permitted under Subsection F below.

A building permit must be obtained prior to the erection, installation, alteration or relocation of any sign except as follows:

Nonilluminated functional/direction signs.

A change in the copy of an approved sign.

Regulations applicable to all signs in all zoning districts.

Functional/directional signs shall not exceed three square feet in area per sign and shall not include company logos or other advertising information.

The following signs shall be prohibited in all zones:

Any sign erected, constructed or maintained so as to obstruct any fire escape, window, door or opening used as a means of egress or ingress.

Any sign whose form, character or shape may confuse or dangerously distract the attention of the operator of a motor vehicle.

Any freestanding sign exceeding 20 feet in height.

Off-site signs, including commercial billboards.

Any sign which, when applying contemporary community standards, has a dominant theme or purpose which appeals to prurient interests.

Mobile signs, including A or T frame signs, menu or sandwich board signs, tethered balloons and inflatable signs.

Vehicular signs when the vehicle is parked for display purposes on private property.

Signs attached to the facade of a building or structure that extend beyond the highest point of the facade on which they are erected.

For nonilluminated canopy or awning signs, only the wording and/or logo installed, painted or printed on such awning or canopy shall be considered the sign.

For illuminated canopy or awning signs, the entire canopy or awning shall be considered the sign.

Only roof signs meeting the definition of attached signs are permitted. Permitted roof signs may not be erected any higher than centered on the roof surface to which such sign is attached.

Signs permitted in all districts without zoning permits.

[Amended 6-24-2008 by Ord. No. 2008-5]

[Amended 6-24-2008 by Ord. No. 2008-5; 11-23-2010 by Ord. No. 2010-16]

Temporary contractor signs. Temporary contractors' advertising signs may be installed on a residential lot under the following conditions:

One sign may only be installed at the commencement of the improvements, renovation or construction.

The sign may not exceed five square feet in size.

The sign shall be removed when the improvements, renovation or construction is completed.

The maximum duration of any such sign shall not exceed 30 calendar days per contractor.

No sign is to be installed in any municipal, county or state right-of-way.

Temporary real estate directional signs.

A temporary directional sign, as defined herein, shall not include any illumination, nor shall there be affixed thereon any balloon, streamer or any other decorative accessory.

Signs identifying the presence of a security system on the property shall be limited to one sign for each premises and shall not exceed one square foot in area.

Signs and flagpoles permitted in all districts with zoning permit.

Changeable copy signs shall be permitted only as follows:

Movie theaters.

As permitted under Subsection G(3) below.

As a portion of the identification sign for any professional office, provided the following criteria are met:

The changeable copy portion of the sign may not exceed 75% of the total sign area.

The changeable copy cannot be used to advertise any business located on the property or any products or services sold at the property or provided on or from the property.

One sign advertising the sale of farm produce raised on the property from which it is sold, provided that such sign shall not be greater than 30 square feet in area.

A sign identifying a multifamily residential development shall not exceed 32 square feet and shall be limited to one per street frontage.

Permanent signs identifying a residential subdivision shall be permitted in accordance with the following:

Signs may be illuminated by external low-level, ground-mounted spotlights.

Signs, including any structure on which the sign is mounted, must be ground-mounted and no larger than 32 square feet.

The provisions applicable to such sign in the homeowners' association governing documents must be reviewed and approved by the Township Solicitor.

The sign must be located outside of all applicable site triangles.

Banners located in a designated area approved as part of the final site plan approval for the development so long as they meet the following conditions:

The property owner/occupant may only display a banner a total of four times each calendar year.

Each banner may only be displayed up to a total of 14 consecutive days. If less days are used, the extra days are forfeited.

The maximum size of any banner is the maximum permitted size of any facade or attached sign applicable to the property.

Flagpoles may be installed on a lot and must meet the following requirements:

The maximum height of flagpoles is the maximum height for buildings permitted in the applicable zoning district.

Sign regulations applicable to specific zoning districts.

Specific signs in Industrial (M) and Office (O) Zones.

Specific signs in Commercial (C) and PCD Zones.

Specific signs in Neighborhood Commercial (NC-1 and NC-2) Zones.

[Added 12-7-2005 by Ord. No. 2005-38]

§ 355-95 Structures within setbacks from bodies of water.

The structure does not exceed 250 square feet in size.

The dimensions of the structure shall not extend farther into the water body than 12 feet from the lake frontage (edge of water).

The structure shall not be raised more than 30 inches above the natural ground level.

Any connecting walkways do not exceed four feet in width from any other structures permitted in the normal building envelope required in the zone district.

§ 355-96 Temporary access structures and ramps.

Any temporary access structure or ramp installed or constructed under the special provisions of this section must be removed when the ownership or tenancy of the property changes.

§ 355-97 Permitted exceptions to height limitations.

Nothing in this chapter shall prevent the erection above the building height limit of a parapet wall, cornice or screen wall extending above such height limit not more than four feet.

§ 355-98 Satellite earth station antennas.

A satellite dish antenna is permitted as an accessory use only on a lot that contains a principal structure.

The minimum rear and side yard setbacks for freestanding, ground-mounted satellite dish antennas shall be 15 feet.

Ground-mounted satellite dish antennas shall be located in the rear yard only.

Power control and signal cables from the ground-mounted satellite dish antenna to the served structure shall be buried.

No residential lot may contain more than one satellite dish antenna. No nonresidential lot may contain more than one satellite dish antenna per individual business use.

Design standards.

The surface receiving area of any reflective dish shall not exceed 25 square feet.

The freestanding, ground-mounted satellite dish antenna shall be erected on a secure ground-mounted foundation.

§ 355-99 Fair share requirements for low- and moderate-income housing.

[Added by Ord. No. 2003-20]

Delran Township's new construction inclusionary component will be divided equally between low- and moderate-income households as per N.J.A.C. 5:93-2.20.

Except for inclusionary developments constructed pursuant to low-income tax credit regulations and the Summerhill and Glenbrook developments which were the subject of court orders:

At least half of all units within each inclusionary development will be affordable to low-income households;

At least half of all rental units will be affordable to low-income households; and

At least one-third of all units in each bedroom distribution pursuant to N.J.A.C. 5:93-7.3 will be affordable to low-income households.

Inclusionary developments that are not age-restricted will be constructed in conjunction with realistic market demands so that:

The combination of efficiency and one-bedroom units are at least 10% and no greater than 20% of the total low- and moderate-income units;

At least 30% of all low- and moderate-income units are two-bedroom units;

At least 20% of all low- and moderate-income units are three-bedroom units; and

In conjunction with realistic market information, the following criteria will be used in determining maximum rents and sale prices:

Efficiency units will be affordable to a one-person household;

One-bedroom units will be affordable to 1.5-person households;

Two-bedroom units will be affordable to three-person households;

Three-bedroom units will be affordable to 4.5-person households;

Median income household size will be established by a regional weighted average of the uncapped Section 8 income limits published by HUD as per N.J.A.C. 5:93-7.4(b);

For both owner-occupied and rental units, the low- and moderate-income units will utilize the same heating source as market units within an inclusionary development;

The regulations outlined in N.J.A.C. 5:93-9.15 and 9.16 will be applicable for purchased and rental units.

For rental units, developers and/or municipal sponsors may:

Establish one rent for a low-income unit and one for a moderate-income unit for each bedroom distribution;

For-sale units:

Delran Township will follow the general provisions concerning uniform deed restriction liens and enforcement through certificates of occupancy or reoccupancy on sale units as per N.J.A.C. 5:93-9.3;

Delran Township will require a certificate of reoccupancy for any occupancy of low- or moderate-income sale unit resulting from a resale as per N.J.A.C. 5:93-9.3(c);

The continued application of options to create, rehabilitate or maintain low- and moderate-income sale units will be consistent with N.J.A.C. 5:93-9.10;

Eligible capital improvements prior to the expiration of controls on sale units will be consistent with N.J.A.C. 5:93-9.11; and

The regulations detailed in N.J.A.C. 5:93-9.12 through 5:93-9.14 will be applicable to low- and moderate-income units that are for-sale units.

In zoning for inclusionary developments, the following is required:

Low- and moderate-income units will be built in accordance with N.J.A.C. 5:93-5.6(d):

	Minimum Percent of Low- and Moderate-Income Units Completed	Percent of Market Housing Units Completed
	0%	25%
	10%	25% plus 1 unit
	50%	50%
	75%	75%
	100%	90%
		______________
		100%

A design of inclusionary development that integrates low- and moderate-income units with market units is encouraged as per N.J.A.C. 5:93-5.6(f).

A development fee ordinance was approved by the Superior Court of New Jersey and adopted by Delran Township on May 15, 1999, as Ordinance No. 1999-8.[2]

Editor's Note: See Ch. 150, Fees, § 150-12, Affordable housing development fees.

Regarding rehabilitated units:

Rehabilitated owner-occupied single-family housing units that are improved to code standard will be subject to affordability controls for at least six years.

Rehabilitated renter-occupied housing units that are approved to code standard will be subject to affordability controls for at least 10 years.

Regarding rental units:

The advertisement will include the description of:

Street address of units;

Direction to housing units;

Number of bedrooms per unit;

Range of price/rents;

Size of units;

Income information; and

Location of applications including business hours and where/how applications may be obtained.

Affordable Housing Coalition of Burlington;

Burlington County Community Action Program (BCCAP);

Tri-County Community Action Agency;

Camden County Council on Economic Opportunity; and

Fair Share Housing Center.

Applications will be mailed to prospective applicants upon request.

Additionally, quarterly informational circulars and applications will be sent to the chief administrative employees of each of the following agencies in Burlington, Camden and Gloucester Counties:

Moorestown Ecumenical Neighborhood Development, Inc. (MEND);

Jersey Counseling and Housing Development, Inc.;

Lutheran Social Ministries of New Jersey; and

Mount Holly 2000.

The random selection method that will be used to select occupants of low- and moderate-income housing will be specified by the Housing Assistance Service.

Developers of low- and moderate-income housing units may assist in the marketing of affordable units in their respective developments.

The Housing Assistance Service will comply with monitoring and reporting requirements as per N.J.A.C. 5:93-11.6 and 12.1.

The following sites have been designated to meet Delran Township's inclusionary component outlined in the housing element and fair share plan which was adopted by the Planning Board in 2002:

Creekford: Block 118, Lot 4; and

Glenbrook: Block 188, Lot 12.

Editor's Note: See N.J.S.A. 52:27D-301 et seq.

§ 355-99.1 Electric Vehicle Service Equipment.

[Added 5-9-2023 by Ord. No. 2023-02]

All EVSE and make-ready parking spaces shall be subject to applicable local and/or Department of Community Affairs permit and inspection requirements.

All other conditions of prior approvals for the gasoline service station, the existing retail establishment, or any other existing building continue to be met; and

An application pursuant to Subsection E above shall be deemed complete if:

A notice of incompleteness is not provided within 20 days after the filing of the application; or

A permitting application solely for the installation of electric vehicle supply equipment permitted as an accessory use shall not be subject to review based on off-street parking requirements.

Requirements for new installation of EVSE and make-ready parking spaces.

Prepare as make-ready parking spaces at least 15% of the required off-street parking spaces, and install EVSE in at least one-third of the 15% of make-ready parking spaces;

Within three years following the date of the issuance of the certificate of occupancy, install EVSE in an additional one-third of the original 15% of make-ready parking spaces; and

Within six years following the date of the issuance of the certificate of occupancy, install EVSE in the final one-third of the original 15% of make-ready parking spaces.

Throughout the installation of EVSE in the make-ready parking spaces, at least 5% of the electric vehicle supply equipment shall be accessible for people with disabilities.

As a condition of preliminary site plan approval, each application involving a parking lot or garage not covered in Subsection I(1) above shall:

Install at least one make-ready parking space if there will be 50 or fewer off-street parking spaces.

Install at least two make-ready parking spaces if there will be 51 to 75 off-street parking spaces.

Install at least three make-ready parking spaces if there will be 76 to 100 off-street parking spaces.

Install at least four make-ready parking spaces, at least one of which shall be accessible for people with disabilities, if there will be 101 to 150 off-street parking spaces.

In lieu of installing make-ready parking spaces, a parking lot or garage may install EVSE to satisfy the requirements of this subsection.

Minimum parking requirements.

All parking spaces with EVSE and make-ready equipment shall be included in the calculation of minimum required parking spaces pursuant to § 355-92.

All parking space calculations for EVSE and make-ready equipment shall be rounded up to the next full parking space.

Additional installation of EVSE and make-ready parking spaces above what is required in Subsection D above may be encouraged, but shall not be required in development projects.

Reasonable standards for all new EVSE and make-ready parking spaces.

Installation:

Installation of EVSE and make-ready parking spaces shall meet the electrical sub-code of the Uniform Construction Code, N.J.A.C. 5:23-3.16.

EVSE parking:

Electric vehicles may be parked in any parking space designated for parking, subject to the restrictions that would apply to any other vehicle that would park in that space.

Safety.

Where EVSE is installed, adequate site lighting and landscaping shall be provided in accordance with Delran Township's ordinances and regulations.

Signs.

In addition to the signage described above, the following information shall be available on the EVSE or posted at or adjacent to all publicly-accessible EVSE parking spaces:

Hour of operations and/or time limits if time limits or tow-away provisions are to be enforced by the municipality or owner/designee;

Usage fees and parking fees, if applicable; and

Contact information (telephone number) for reporting when the equipment is not operating or other problems.

Usage fees.

This fee may be amended by a resolution adopted by the governing body.

Delran City Zoning Code

ARTICLE XIX

Supplemental Regulations

§ 355-85 Sight distance requirements.

§ 355-86 Commercial vehicle parking in residential districts.

§ 355-87 Lots including lands with freshwater wetlands, floodplains and similar areas.

§ 355-88 Buffer and landscape design standards.

Buffer design standards.

Where the area and bulk standards for the applicable zoning district require buffers, such buffers shall be shown on all site plans and subdivision plans for development in such zoning districts.

[Amended 1-18-2006 by Ord. No. 2005-39]

[Amended 1-18-2006 by Ord. No. 2005-39]

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

All buffer and other landscaping areas shall be planted and maintained with either grass or ground cover, together with trees and shrubs, and the following criteria shall be used as a guideline:

Any plant material which does not live shall be replaced within one growing season.

Buffer plantings and landscaping shall open at points of vehicular and pedestrian access to assure a clear sight triangle.

Landscaping.

Only nursery-grown plant materials shall be acceptable; and all trees, shrubs, and ground covers shall be planted according to accepted horticultural standards.

Plant species. The plant species selected should be hardy for the climatic zone and appropriate in terms of function and size.

§ 355-89 Fence regulations.

Permit requirements.

Building permit. A building permit is required to construct, erect, enlarge or alter any type of fence in excess of six feet in height or any type of fence to enclose a swimming pool.

Bulk requirements.

Height limitations.

Ornamental fencing, as hereinafter defined, shall be permitted only at the front corners of the property, subject to the following restrictions:

Any such ornamental fencing shall not be higher than three feet.

Any such ornamental fencing shall not exceed 20 feet in length along the front property line and 20 feet in length along the side property line beginning from the front corners of the lot.

Any such ornamental fencing shall not have attached to it wire fencing or enclosures of any type.

[4]

Any such ornamental fencing may be erected on the property line or street line, but in no instance shall the fence be erected in the public right-of-way.

[5]

Open fences may be erected, altered or reconstructed to a height not to exceed four feet when located as follows:

At any property line to enclose a property used for an agricultural use, for containment of livestock or in connection with an outdoor recreation facility.

From the front corners of any building to the side property line, along any side property line to a point parallel with the rear corner of the building.

Open fences may be erected altered or reconstructed to a height not to exceed six feet when located as follows:

[Amended 9-2-2014 by Ord. No. 2014-12]

Setback requirements.

All new and replacement fences shall conform to the setback requirements applicable to the lot at the time the zoning permit is issued.

At or near an intersection of two or more streets, no fence shall be permitted to obstruct the view of motorists traveling on either intersecting street.

On reverse frontage lots, a fence may be erected no closer than 10 feet to the rear property line.

Other requirements.

All fences shall be installed so that rails and posts shall be facing the inside of the owner's property.

No fence shall create an alley, private way or setback from the property line of less than five feet on the property where the fence is to be installed.

Nothing in this chapter shall prevent the erection of an open-wire fence not exceeding eight feet above ground level anywhere within a public park, public playground or school premises.

The following fences and fencing materials are specifically prohibited: barbed-wire, collapsible, canvas, cloth or electrically charged fences or structures.

Required landscaping.

[Added 4-25-2006 by Ord. No. 2006-4]

Requirements applicable to nonresidential fences.

No fence may be erected, altered or reconstructed forward of any building in the front yard.

All fences shall be set back to the building setback line unless otherwise indicated on a final subdivision or site plan approved by the reviewing board.

§ 355-90 Lighting and wiring requirements.

Underground wiring required.

Lighting.

Nonresidential lighting requirements.

All exterior lights shall be designed, located, installed and directed to prevent objectionable light and glare across property lines and above a ninety-degree horizontal plane.

The preferred source of all lighting is high pressure sodium lamps and fixtures.

Shielding and/or cutoff optics shall be required in all installations.

Searchlights and laser lights used for advertising or entertainment are not permitted.

All lighting shall be shielded to prevent glare for drivers or pedestrians and to prevent the light from extending beyond the property line and above the ninety-degree horizontal plane.

Emergency lighting by police, fire and rescue and other authorities is exempt from the requirements of this section.

§ 355-91 Adoption of Residential Site Improvement Standards.

§ 355-92 Nonresidential off-street parking and loading requirements.

Fire lane provision. The provisions of N.J.S.A. 39:5A-1 et seq. shall apply.

Parking for the disabled. The provisions of N.J.A.C. 17:19A-4.4 and the Americans with Disabilities Act shall apply to all parking areas.

[Amended 7-27-2021 by Ord. No. 2021-13]

Nonresidential Off-Street Parking Requirements
Uses		Required Off-Street Parking Spaces
Assembly operation		1 per 800 square feet of gross floor area
Auto body and auto repair shops		2 per 1,000 square feet of gross floor area, plus 1 per each vehicle used on site
Auto, truck or similar dealerships		2.5 per 1,000 square feet of gross floor area excluding auto repair, plus 110% of maximum vehicle inventory, plus spaces for auto repair per code
Bar		1 per 2 seats
Bowling alley		4 per alley
Cannabis cultivator		1 per every 1,000 square feet of gross floor area
	Cannabis delivery service	1 per every 1,000 square feet of gross floor area, plus 1 parking space for every delivery driver or fleet vehicle
	Cannabis distributor	1 per every 1,000 square feet of gross floor area
	Cannabis manufacturer	1 per every 1,000 square feet of gross floor area
	Cannabis retailer	1 per every 200 square feet of gross floor area
	Cannabis wholesaler	1 per every 1,000 square feet of gross floor area
Car wash, full-service		10 per washing lane
Car wash, self-service		1 per bay, plus 1 per employee
Church/synagogue/house of worship		1 per 3 seats
Convention areas		1 per 3 seats
Fiduciary institutions		1 per 300 square feet of gross floor area
Hospitals		2 per bed
Hotel/motel		1 per room, plus 0.5 per employee, plus convention area requirement as applicable
Industrial		1 per 800 square feet of gross floor area
Library		1 per 300 square feet of gross floor area
Manufacturing		1 per 800 square feet of gross floor area
Medical center		1 per 250 square feet of gross floor area
Nightclub		1 per 3 seats
Nurseries and child day care		1 per 3 children under 2 years old, 1 per 5 children 2 years or older, plus 4 per 1,000 square feet of gross floor area
Nursing homes, assisted living facilities, skilled-care nursing facilities or similar convalescent facilities		0.5 per bed, plus 1 per employee maximum shift
Offices:
	Under 49,999 square feet of gross floor area	4.5 per 1,000 square feet of gross floor area
	50,000 to 99,999 square feet of gross floor area	4 per 1,000 square feet of gross floor area
	100,000 plus square feet of gross floor area	3.5 per 1,000 square feet of gross floor area
Recreation, indoor		2.5 per 1,000 square feet used by participants (excluding bowling alleys); 1 per 3 spectator seats; plus 1 per employee maximum shift
Recreation, outdoor		Sufficient space shall be provided on site to prevent parking along public rights-of-way and other off-site areas, fire lanes and parking aisles as determined by the review board
Research		1 per 1,000 square feet of gross floor area
Restaurant (with seats)		1 per 3 seats, plus 1 per employee maximum shift
Restaurant (no seats, such as water ice, custard and ice cream sales)		1 per 50 square feet of gross floor area
Retail store		1 per 200 square feet of gross floor area
School (elementary)		2 per classroom, but not less than 1 per teacher and staff
School (intermediate)		1.5 per classroom, but not less than 1 per teacher and staff
School (secondary)		2.5 per classroom, but not less than 1 per teacher and staff
Service station, fuel only		0.5 per fill area, plus 1 per employee maximum shift. If retail sales and vehicle space, see requirements
Service station, full-service		4 per bay and working area
Shopping center:
	Under 400,000 square feet of gross leasable area	4 per 1,000 square feet of gross leasable area
	400,000 to 599,999 square feet of gross leasable area	4.5 per 1,000 square feet of gross leasable area
	600,000 plus square feet of gross leasable area	5 per 1,000 square feet of gross leasable area
Storage areas		1 per 5,000 square feet of gross leasable area
Theater:
	In shopping center	1 per 3 seats
		1 per 4 seats
Warehouse (shipping/receiving)		1 per 5,000 square feet of gross floor area
Other general uses not specially stated		4.5 per 1,000 square feet of gross floor area

The required number of parking spaces is 20 or greater.

The deed restriction, covenant or similar instrument and the performance guaranty shall be subject to the approval of the Township or Board Solicitor.

Parking space dimensions. The following minimum dimensions for parking spaces shall apply:

Commercial (retail and wholesale), office, industrial and government uses: nine feet wide by 18 feet deep.

Parallel spaces for any use: nine feet by 22 feet wide.

Parking aisle and drive dimensions. The following minimum dimensions for parking aisles and drives shall apply:

Aisles
Angle of Parking Spaces (degrees)	One-Way Aisle (feet)	Two-Way Aisle (feet)
90	22	25
60	18	20
45	15	None permitted
Parallel	12	18

Drives
Drive Type	One-Way Drive (feet)	Two-Way Drive (feet)
Entrance drive, on roads with less than 39 mph speed limit	20	25
Entrance drive, on roads with greater than 39 mph speed limit	22	30
Internal collector	18	25
Internal collector, with fire lane	25	30

	Total Number of Parking Spaces	Length of Maneuver-Free Drive (feet)
	Less than 39	20
	40 to 99	40
	100 to 250	60
	Greater than 250	60, plus 20 for each additional 500 spaces or part thereof

	Intersection	Minimum Distance (feet)
	Entrance drive to entrance drive, less than 150 feet street frontage (measured from center lines)	60
	Entrance drive to intersecting rights-of-way, greater than 150 feet frontage (measured from center line to rights-of-way)	100
	Entrance drive to intersecting rights-of-way, less than 150 frontage (measured from center line to rights-of-way)	35
	Entrance drive to intersecting rights-of-way, greater than 150 frontage (measured from center line to rights-of-way)	75

Ingress and egress to parking areas. Access to parking areas from public streets shall be limited to one per street frontage up to a maximum of two per site, with the following exceptions:

Two entrance drives on one public street shall be permitted for lots or premises with frontage in excess of 300 feet, up to a maximum of three per site.

Lighting.

Standards for illumination.

The maximum mounting height of exterior lighting shall conform to the following schedule:

	Building Height (feet)	Maximum Fixture Mounting Height (feet)
	Up to 24	14
	25 or greater	20

§ 355-93 Bicycle compatible roadways and bikeways.

§ 355-94 Sign and flagpole regulations.

Definitions. The following terms, when used in this chapter as they relate to signs, shall have the following meanings:

SIGN

AWNING OR CANOPY SIGNAny sign attached to the building awning or canopy.

BLADE SIGNA business identification sign positioned 90° to the building so as to be visible to pedestrians along walking promenades.

CHANGEABLE-COPY SIGNA sign or portion thereof that allows for the message portion of the sign to be changed.

DEVELOPMENT SIGNA sign designating the name of a subdivision of residential homes, whether single-family or multifamily, attached or detached, or an apartment complex.

EXTERNALLY LIGHTEDAny sign whose sole source of artificial illumination is outside the display portion of the sign.

FACADEThe face of a building that is considered to be the architectural front, and usually given special architectural treatment. The facade does not include mansard or other roof designs.

FREESTANDING SIGNAny sign not attached to a building, erected, constructed or maintained on a post or pole or other bracing or supporting device, being to support the sign.

INTERNALLY LIGHTEDAny sign whose sole source of artificial illumination is contained within the display portion of the sign.

MANSARD ROOFA hipped roof usually having a double slope or compound curve, the lower slope being much steeper than the upper slope.

OFF-SITE SIGNAny commercial sign located on a lot other than the lot occupied by the use, structure, building or event that the sign identifies.

[Amended 6-24-2008 by Ord. No. 2008-5]

(18)

(19)

REAL ESTATE SIGNA sign of an owner of real property or of a licensed real estate broker designating a property "for sale" or "for lease."

(20)

ROOF SIGNAny sign erected, constructed or maintained upon, over or in front of the roof of any building.

(21)

(22)

TEMPORARY SIGNA sign which is not permanently attached to a building structure or permanently affixed to a freestanding structure and which may be erected for a limited period of time.

(23)

VEHICULAR SIGNAny sign permanently or temporarily attached to a nonoperating vehicle. Such a vehicle shall include, but is not limited to, a car, truck, van or a bus.

(24)

WARNING SIGNA sign indicating no trespassing or no fishing and/or hunting and an existing danger where a warning is necessary.

(25)

WINDOW SIGNAny sign erected, constructed or maintained in or on a window of a building, visible from outside the building, whether illuminated or nonilluminated.

General provisions

[Amended 6-24-2008 by Ord. No. 2008-5]

Enable the identification of places of residence and business;

Allow for the communication of information necessary for the conduct of commerce;

Enhance the attractiveness and economic well-being of the township as a place to live, visit and conduct business;

Protect the public from the dangers of unsafe signs;

Permit signs that are compatible with their surroundings and aid orientation, and preclude placement of signs in a manner that conceals or obstructs adjacent land uses or signs;

Encourage signs that are appropriate to the zoning district in which they are located and consistent with the category of use to which they pertain;

Curtail the size and number of signs and sign messages to the minimum reasonably necessary to identify a residential or business location and the nature of any such business;

Establish sign size in relationship to the scale of the lot and building on which the sign is to be placed or to which it pertains;

Preclude signs from conflicting with the principal permitted use of the site or adjoining sites;

Regulate signs in a manner so as to not interfere with, obstruct vision of or distract motorists, bicyclists or pedestrians;

(l)

Require signs to be constructed, installed and maintained in a safe and satisfactory manner;

(m)

Preserve and enhance the natural and scenic characteristics of the community; and

(n)

Regulate signs in a manner consistent with the general and commercial free-speech rights.

Permitted purpose of signs; nonregulated signs.

Commercial signs shall be, generally, for purposes of identifying the name, location, enterprise or business together with a description of goods or services offered.

[Amended 6-24-2008 by Ord. No. 2008-5]

The following are not considered signs for purposes of these regulations:

Nameplate and address in residential zone.

Prospective sale or rental signs.

Official government agency signs.

Signs advertising sale of products grown on the premises.

Signs prohibiting or controlling trespassing, hunting and/or fishing and warning signs.

Permit requirements.

A zoning permit must be obtained prior to the erection, installation, alteration or relocation of any sign, except those signs permitted under Subsection F below.

A building permit must be obtained prior to the erection, installation, alteration or relocation of any sign except as follows:

Nonilluminated functional/direction signs.

A change in the copy of an approved sign.

Regulations applicable to all signs in all zoning districts.

Functional/directional signs shall not exceed three square feet in area per sign and shall not include company logos or other advertising information.

The following signs shall be prohibited in all zones:

Any sign erected, constructed or maintained so as to obstruct any fire escape, window, door or opening used as a means of egress or ingress.

Any sign whose form, character or shape may confuse or dangerously distract the attention of the operator of a motor vehicle.

Any freestanding sign exceeding 20 feet in height.

Off-site signs, including commercial billboards.

Any sign which, when applying contemporary community standards, has a dominant theme or purpose which appeals to prurient interests.

Mobile signs, including A or T frame signs, menu or sandwich board signs, tethered balloons and inflatable signs.

Vehicular signs when the vehicle is parked for display purposes on private property.

Signs attached to the facade of a building or structure that extend beyond the highest point of the facade on which they are erected.

For nonilluminated canopy or awning signs, only the wording and/or logo installed, painted or printed on such awning or canopy shall be considered the sign.

For illuminated canopy or awning signs, the entire canopy or awning shall be considered the sign.

Only roof signs meeting the definition of attached signs are permitted. Permitted roof signs may not be erected any higher than centered on the roof surface to which such sign is attached.

Signs permitted in all districts without zoning permits.

[Amended 6-24-2008 by Ord. No. 2008-5]

[Amended 6-24-2008 by Ord. No. 2008-5; 11-23-2010 by Ord. No. 2010-16]

Temporary contractor signs. Temporary contractors' advertising signs may be installed on a residential lot under the following conditions:

One sign may only be installed at the commencement of the improvements, renovation or construction.

The sign may not exceed five square feet in size.

The sign shall be removed when the improvements, renovation or construction is completed.

The maximum duration of any such sign shall not exceed 30 calendar days per contractor.

No sign is to be installed in any municipal, county or state right-of-way.

Temporary real estate directional signs.

A temporary directional sign, as defined herein, shall not include any illumination, nor shall there be affixed thereon any balloon, streamer or any other decorative accessory.

Signs identifying the presence of a security system on the property shall be limited to one sign for each premises and shall not exceed one square foot in area.

Signs and flagpoles permitted in all districts with zoning permit.

Changeable copy signs shall be permitted only as follows:

Movie theaters.

As permitted under Subsection G(3) below.

As a portion of the identification sign for any professional office, provided the following criteria are met:

The changeable copy portion of the sign may not exceed 75% of the total sign area.

The changeable copy cannot be used to advertise any business located on the property or any products or services sold at the property or provided on or from the property.

One sign advertising the sale of farm produce raised on the property from which it is sold, provided that such sign shall not be greater than 30 square feet in area.

A sign identifying a multifamily residential development shall not exceed 32 square feet and shall be limited to one per street frontage.

Permanent signs identifying a residential subdivision shall be permitted in accordance with the following:

Signs may be illuminated by external low-level, ground-mounted spotlights.

Signs, including any structure on which the sign is mounted, must be ground-mounted and no larger than 32 square feet.

The provisions applicable to such sign in the homeowners' association governing documents must be reviewed and approved by the Township Solicitor.

The sign must be located outside of all applicable site triangles.

Banners located in a designated area approved as part of the final site plan approval for the development so long as they meet the following conditions:

The property owner/occupant may only display a banner a total of four times each calendar year.

Each banner may only be displayed up to a total of 14 consecutive days. If less days are used, the extra days are forfeited.

The maximum size of any banner is the maximum permitted size of any facade or attached sign applicable to the property.

Flagpoles may be installed on a lot and must meet the following requirements:

The maximum height of flagpoles is the maximum height for buildings permitted in the applicable zoning district.

Sign regulations applicable to specific zoning districts.

Specific signs in Industrial (M) and Office (O) Zones.

Specific signs in Commercial (C) and PCD Zones.

Specific signs in Neighborhood Commercial (NC-1 and NC-2) Zones.

[Added 12-7-2005 by Ord. No. 2005-38]

§ 355-95 Structures within setbacks from bodies of water.

The structure does not exceed 250 square feet in size.

The dimensions of the structure shall not extend farther into the water body than 12 feet from the lake frontage (edge of water).

The structure shall not be raised more than 30 inches above the natural ground level.

Any connecting walkways do not exceed four feet in width from any other structures permitted in the normal building envelope required in the zone district.

§ 355-96 Temporary access structures and ramps.

Any temporary access structure or ramp installed or constructed under the special provisions of this section must be removed when the ownership or tenancy of the property changes.

§ 355-97 Permitted exceptions to height limitations.

Nothing in this chapter shall prevent the erection above the building height limit of a parapet wall, cornice or screen wall extending above such height limit not more than four feet.

§ 355-98 Satellite earth station antennas.

A satellite dish antenna is permitted as an accessory use only on a lot that contains a principal structure.

The minimum rear and side yard setbacks for freestanding, ground-mounted satellite dish antennas shall be 15 feet.

Ground-mounted satellite dish antennas shall be located in the rear yard only.

Power control and signal cables from the ground-mounted satellite dish antenna to the served structure shall be buried.

No residential lot may contain more than one satellite dish antenna. No nonresidential lot may contain more than one satellite dish antenna per individual business use.

Design standards.

The surface receiving area of any reflective dish shall not exceed 25 square feet.

The freestanding, ground-mounted satellite dish antenna shall be erected on a secure ground-mounted foundation.

§ 355-99 Fair share requirements for low- and moderate-income housing.

[Added by Ord. No. 2003-20]

Delran Township's new construction inclusionary component will be divided equally between low- and moderate-income households as per N.J.A.C. 5:93-2.20.

Except for inclusionary developments constructed pursuant to low-income tax credit regulations and the Summerhill and Glenbrook developments which were the subject of court orders:

At least half of all units within each inclusionary development will be affordable to low-income households;

At least half of all rental units will be affordable to low-income households; and

At least one-third of all units in each bedroom distribution pursuant to N.J.A.C. 5:93-7.3 will be affordable to low-income households.

Inclusionary developments that are not age-restricted will be constructed in conjunction with realistic market demands so that:

The combination of efficiency and one-bedroom units are at least 10% and no greater than 20% of the total low- and moderate-income units;

At least 30% of all low- and moderate-income units are two-bedroom units;

At least 20% of all low- and moderate-income units are three-bedroom units; and

In conjunction with realistic market information, the following criteria will be used in determining maximum rents and sale prices:

Efficiency units will be affordable to a one-person household;

One-bedroom units will be affordable to 1.5-person households;

Two-bedroom units will be affordable to three-person households;

Three-bedroom units will be affordable to 4.5-person households;

Median income household size will be established by a regional weighted average of the uncapped Section 8 income limits published by HUD as per N.J.A.C. 5:93-7.4(b);

For both owner-occupied and rental units, the low- and moderate-income units will utilize the same heating source as market units within an inclusionary development;

The regulations outlined in N.J.A.C. 5:93-9.15 and 9.16 will be applicable for purchased and rental units.

For rental units, developers and/or municipal sponsors may:

Establish one rent for a low-income unit and one for a moderate-income unit for each bedroom distribution;

For-sale units:

Delran Township will follow the general provisions concerning uniform deed restriction liens and enforcement through certificates of occupancy or reoccupancy on sale units as per N.J.A.C. 5:93-9.3;

Delran Township will require a certificate of reoccupancy for any occupancy of low- or moderate-income sale unit resulting from a resale as per N.J.A.C. 5:93-9.3(c);

The continued application of options to create, rehabilitate or maintain low- and moderate-income sale units will be consistent with N.J.A.C. 5:93-9.10;

Eligible capital improvements prior to the expiration of controls on sale units will be consistent with N.J.A.C. 5:93-9.11; and

The regulations detailed in N.J.A.C. 5:93-9.12 through 5:93-9.14 will be applicable to low- and moderate-income units that are for-sale units.

In zoning for inclusionary developments, the following is required:

Low- and moderate-income units will be built in accordance with N.J.A.C. 5:93-5.6(d):

	Minimum Percent of Low- and Moderate-Income Units Completed	Percent of Market Housing Units Completed
	0%	25%
	10%	25% plus 1 unit
	50%	50%
	75%	75%
	100%	90%
		______________
		100%

A design of inclusionary development that integrates low- and moderate-income units with market units is encouraged as per N.J.A.C. 5:93-5.6(f).

A development fee ordinance was approved by the Superior Court of New Jersey and adopted by Delran Township on May 15, 1999, as Ordinance No. 1999-8.[2]

Editor's Note: See Ch. 150, Fees, § 150-12, Affordable housing development fees.

Regarding rehabilitated units:

Rehabilitated owner-occupied single-family housing units that are improved to code standard will be subject to affordability controls for at least six years.

Rehabilitated renter-occupied housing units that are approved to code standard will be subject to affordability controls for at least 10 years.

Regarding rental units:

The advertisement will include the description of:

Street address of units;

Direction to housing units;

Number of bedrooms per unit;

Range of price/rents;

Size of units;

Income information; and

Location of applications including business hours and where/how applications may be obtained.

Affordable Housing Coalition of Burlington;

Burlington County Community Action Program (BCCAP);

Tri-County Community Action Agency;

Camden County Council on Economic Opportunity; and

Fair Share Housing Center.

Applications will be mailed to prospective applicants upon request.

Additionally, quarterly informational circulars and applications will be sent to the chief administrative employees of each of the following agencies in Burlington, Camden and Gloucester Counties:

Moorestown Ecumenical Neighborhood Development, Inc. (MEND);

Jersey Counseling and Housing Development, Inc.;

Lutheran Social Ministries of New Jersey; and

Mount Holly 2000.

The random selection method that will be used to select occupants of low- and moderate-income housing will be specified by the Housing Assistance Service.

Developers of low- and moderate-income housing units may assist in the marketing of affordable units in their respective developments.

The Housing Assistance Service will comply with monitoring and reporting requirements as per N.J.A.C. 5:93-11.6 and 12.1.

The following sites have been designated to meet Delran Township's inclusionary component outlined in the housing element and fair share plan which was adopted by the Planning Board in 2002:

Creekford: Block 118, Lot 4; and

Glenbrook: Block 188, Lot 12.

Editor's Note: See N.J.S.A. 52:27D-301 et seq.

§ 355-99.1 Electric Vehicle Service Equipment.

[Added 5-9-2023 by Ord. No. 2023-02]

All EVSE and make-ready parking spaces shall be subject to applicable local and/or Department of Community Affairs permit and inspection requirements.

All other conditions of prior approvals for the gasoline service station, the existing retail establishment, or any other existing building continue to be met; and

An application pursuant to Subsection E above shall be deemed complete if:

A notice of incompleteness is not provided within 20 days after the filing of the application; or

A permitting application solely for the installation of electric vehicle supply equipment permitted as an accessory use shall not be subject to review based on off-street parking requirements.

Requirements for new installation of EVSE and make-ready parking spaces.

Prepare as make-ready parking spaces at least 15% of the required off-street parking spaces, and install EVSE in at least one-third of the 15% of make-ready parking spaces;

Within three years following the date of the issuance of the certificate of occupancy, install EVSE in an additional one-third of the original 15% of make-ready parking spaces; and

Within six years following the date of the issuance of the certificate of occupancy, install EVSE in the final one-third of the original 15% of make-ready parking spaces.

Throughout the installation of EVSE in the make-ready parking spaces, at least 5% of the electric vehicle supply equipment shall be accessible for people with disabilities.

As a condition of preliminary site plan approval, each application involving a parking lot or garage not covered in Subsection I(1) above shall:

Install at least one make-ready parking space if there will be 50 or fewer off-street parking spaces.

Install at least two make-ready parking spaces if there will be 51 to 75 off-street parking spaces.

Install at least three make-ready parking spaces if there will be 76 to 100 off-street parking spaces.

Install at least four make-ready parking spaces, at least one of which shall be accessible for people with disabilities, if there will be 101 to 150 off-street parking spaces.

In lieu of installing make-ready parking spaces, a parking lot or garage may install EVSE to satisfy the requirements of this subsection.

Minimum parking requirements.

All parking spaces with EVSE and make-ready equipment shall be included in the calculation of minimum required parking spaces pursuant to § 355-92.

All parking space calculations for EVSE and make-ready equipment shall be rounded up to the next full parking space.

Additional installation of EVSE and make-ready parking spaces above what is required in Subsection D above may be encouraged, but shall not be required in development projects.

Reasonable standards for all new EVSE and make-ready parking spaces.

Installation:

Installation of EVSE and make-ready parking spaces shall meet the electrical sub-code of the Uniform Construction Code, N.J.A.C. 5:23-3.16.

EVSE parking:

Electric vehicles may be parked in any parking space designated for parking, subject to the restrictions that would apply to any other vehicle that would park in that space.

Safety.

Where EVSE is installed, adequate site lighting and landscaping shall be provided in accordance with Delran Township's ordinances and regulations.

Signs.

In addition to the signage described above, the following information shall be available on the EVSE or posted at or adjacent to all publicly-accessible EVSE parking spaces:

Hour of operations and/or time limits if time limits or tow-away provisions are to be enforced by the municipality or owner/designee;

Usage fees and parking fees, if applicable; and

Contact information (telephone number) for reporting when the equipment is not operating or other problems.

Usage fees.

This fee may be amended by a resolution adopted by the governing body.