Dennis Township City Zoning Code
ARTICLE V
Supplemental Regulations
§ 185-31 Accessory buildings.
A.
Any accessory building attached to a principal building shall be considered part of the principal building and the total structure shall adhere to the yard requirements for the principal building, regardless of the technique of connecting the principal and accessory buildings.
B.
Distance between adjacent buildings. The minimum distance between an accessory building and any other building(s) on the same lot shall be as prescribed in Article IV, except that no poultry or livestock shelter shall be erected nearer than 50 feet to any dwelling on the same lot.
C.
Height of accessory buildings. The height of accessory buildings shall be as prescribed in Article IV.
D.
Location. An accessory building may be erected in side and rear yard areas only and shall be set back from side and rear lot lines as prescribed in Article IV, except that if erected on a corner lot, the accessory building shall be set back from the side street to comply with the setback line applying to the principal building for that side street, and except further that no poultry or livestock shelter shall be erected nearer than 50 feet to any lot lines.
§ 185-32.1 Appearance of buildings in the R-3, R-10, PV, PR, PF8 and PF25 Districts.
Within any residential district, no building with permitted professional, office or other home occupation shall be constructed or altered so as to be inharmonious with the residential character of the adjacent residential area.
§ 185-32.2 Guidelines for the OVCC, OVC, CVC and VC Districts.
A.
Purpose. The purpose of these guidelines is to ensure that all buildings in the OVCC and OVC District are designed to convey a village scale and character. All buildings in the CVC and VC Zone shall be designed to convey a village scale and shall be compatible with the historic nature of the respective village. Buildings in the OVCC, OVC, CVC and VC District shall contain the following design elements:
C.
Scale.
(1)
The building façade shall create a defining wall along the streetscape.
(2)
Covered archways (minimum eight feet wide) may connect rear parking areas to the street, enabling pedestrian circulation.
(3)
Building exteriors shall have vertical and/or horizontal offsets to create visual breaks on the exterior.
(4)
Long, blank, windowless, monotonous, uninterrupted walls or roof planes are not permitted.
(5)
Building wall offsets, including projections and recesses such as balconies, canopies, awnings, architectural details are encouraged.
(6)
Blind windows, display windows and/or intensive landscaping can be employed in place of blank walls.
D.
Articulation.
(1)
The building façade shall have a clearly defined base, body and cap.
(2)
The middle section of the façade may be horizontally divided at floor, lintel or sill levels with belt courses.
(3)
The architectural treatment of a façade shall be completely continued around all street facing façades of a building. All sides of a building shall be architecturally designed so as to be consistent with regard to style, materials, colors and details.
E.
Corner buildings.
(1)
Buildings on corners are significant buildings because they have two frontages visible from the street.
(2)
Corner buildings act as important landmarks within the Centers.
(3)
Corner buildings shall feature a prominent architectural element, such as a chamfered corner, significant façade articulation or portico.
F.
Roofs.
(1)
The shape, pitch and color of a roof shall be architecturally compatible with the style, materials and colors of such building.
(2)
If the building has a flat roof, a parapet shall project vertically to hide any roof-mounted mechanical equipment. Additionally, a cornice shall project out horizontally from the façade and shall be ornamented with moldings, brackets or other details.
(3)
If the building has a pitched roof, a minimum pitch of 5:12 shall be provided. 8:12 pitch is encouraged.
(4)
Pitched roofs are encouraged to have dormers, chimneys, cupolas and other similar elements to provide architectural interest. These elements shall be compatible with the style, materials, colors and details of the building.
(5)
Roofline offsets shall be provided along any roof measuring more than 30 feet in length in order to provide architectural interest and articulation to a building.
(6)
Roof top heating, ventilating and air-conditioning (HVAC) systems, exhaust pipes and stacks, satellite dishes and other telecommunications receiving devices shall be screened or otherwise specially treated to be inconspicuous as viewed from the primary or secondary street and adjacent properties.
G.
Transparency.
(1)
Ground floor commercial uses shall have large pane display windows on the primary and secondary frontages. Such windows shall be framed by the surrounding wall and shall be a minimum of 60% of the total ground level facade area.
(2)
Transoms above display windows are encouraged.
(3)
Window sills shall not be more than three feet above the sidewalk. Base panels or bulkheads are encouraged between the sidewalk and the window sills.
(4)
Windows are encouraged to be vertically proportioned wherever possible.
(5)
Buildings of architectural styles that normally have windows with muntins or divided lights shall utilize those types of windows.
(6)
Glass blocks are not permitted on facades that abut a primary or secondary street.
(7)
Exterior security grates are prohibited
H.
Entrances.
(1)
The primary entrance to any building shall front on a primary or secondary street.
(2)
All entrances to a building shall be defined and articulated by architectural elements such as lintels, pediments, pilasters, columns, overhangs or canopies.
(3)
These elements shall be compatible with the style and materials of the building.
(4)
Entrances may also be defined by planters as well.
§ 185-32.3 Guidelines for the OVCR and CVR Districts.
A.
Purpose. All buildings in the OVCR and CVR Districts shall be designed to convey a village scale and character. Buildings in the OVCR and CVR District shall contain the following design elements:
C.
Scale.
(1)
The building façade shall create a defining wall along the streetscape.
(2)
Building exteriors shall have vertical and/or horizontal offsets to create visual breaks on the exterior.
(3)
Building wall offsets, including projections and recesses such as balconies, canopies, awnings, architectural details are encouraged.
D.
Articulation.
(1)
The building façade shall have a clearly defined base, body and cap.
(2)
The middle section of the façade may be horizontally divided at floor, lintel or sill levels with belt courses.
(3)
The architectural treatment of a façade shall be completely continued around all street facing façades of a building. All sides of a building shall be architecturally designed so as to be consistent with regard to style, materials, colors and details.
E.
Roofs.
(1)
The shape, pitch and color of a roof shall be architecturally compatible with the style, materials and colors of such building.
(2)
If the building has a flat roof, a parapet shall project vertically to hide any roof-mounted mechanical equipment. Additionally, a cornice shall project out horizontally from the façade and shall be ornamented with moldings, brackets or other details.
(3)
If the building has a pitched roof, a minimum pitch of 5:12 shall be provided. 8:12 pitch is encouraged.
(4)
Pitched roofs are encouraged to have dormers, chimneys, cupolas and other similar elements to provide architectural interest. These elements shall be compatible with the style, materials, colors and details of the building.
(5)
Roofline offsets shall be provided along any roof measuring more than 30 feet in length in order to provide architectural interest and articulation to a building.
(6)
Roof top heating, ventilating and air-conditioning (HVAC) systems, exhaust pipes and stacks, satellite dishes and other telecommunications receiving devices shall be screened or otherwise specially treated to be inconspicuous as viewed from the primary or secondary street and adjacent properties.
§ 185-32.4 Guidelines for the VR District.
A.
Purpose. All new construction, additions and renovations in the VR District shall be designed to convey a village scale and shall be compatible with the historic nature of the respective village. Additions or renovations to historic structures outside the designated historic districts shall respect the structure's historic features and maintain its original scale, proportion and organization of architectural elements (columns, shutters, cornice, dormers, molding, etc.).
Buildings within the designated Dennisville State and National Registers Historic District, the State Historic Preservation Office Opinion South Dennis District and the township-designated South Seaville Historic District shall contain the following design elements:
(1)
All sidling patterns shall have the finished appearance of lapped board of beveled board on the principal structure. Board and batten type construction is permitted on accessory buildings.
(2)
Roofing finish shall have the appearance of shake or shingle, standing seam or batten seam.
(3)
Flat roofs are not permitted on principal structures.
(4)
All windows along the front and sides of a building shall be double hung with mullions representing a nine over six, six over six, two over two or the window style appropriate to the period of the structure being remodeled.
(5)
All porches in the front and side yards shall be singe story with fixed peaked or flat roofs.
(6)
Railings shall not exceed 42 inches in height. The finish floor of the porch area shall not be higher than the finish first floor elevation of the structure; but in no case lower than one foot below the elevation of the finish first floor of the structure.
§ 185-33 Fences and walls.
A.
No fence shall be erected of barbed wire, topped with metal spikes or constructed of any material or in any manner which may be dangerous to persons or animals, except that these provisions shall not apply to farms, and except further that fences permitted for commercial and industrial uses may be topped by a barbed-wire protective barrier.
B.
On any lot in any district, no wall or fence shall be erected or altered so that said wall or fence shall be over three feet in height in side and front yard areas and four feet in height in rear yard areas except that:
[Amended 12-4-07 by Ord. No. 2007-13]
(1)
A privacy fence may be constructed on the property line. The maximum height of a fence of this nature shall be six feet. If placed in front yards or along street lines, it must be of chain link or similar construction so that there will be no obstruction of vision, except fences of this nature that are to provide site buffers along street lines of existing campgrounds. These fences may be of such material as to obstruct vision so as to provide privacy as it relates to campground uses.
(2)
A private residential swimming pool area must be surrounded by a fence at least four feet but no more than six feet in height. Swimming pool areas shall be located in rear and side yard areas only.
C.
All supporting members of a fence or wall are to be located on the inside of the fence and all razor wire, cloth and canvas fences are prohibited. Permitted materials include wood, chain-link, wrought iron, stone, aluminum, vinyl and steel.
[Added 12-4-07 by Ord. No. 2007-13]
§ 185-34 Sight triangles.
A.
On a corner lot in any district, sight triangles shall be required in addition to the right-of-way, in which no grading, planting or structure shall be erected or maintained more than two and one-half (2 1/2) feet in height, as measured from the mean elevation of the finished grade five feet away from the center line of the grading, planting or structure. The "sight triangle" is defined as that area outside the right-of-way which is bounded by the intersecting street lines and the straight line connecting "sight points," one each located on the two intersecting street center lines the following distance away from the intersecting center lines: arterial streets: 300 feet; collector streets: 200 feet; and local streets: 90 feet. Where the intersecting streets are both arterial, both collectors or one arterial and one collector, two overlapping sight triangles shall be required, formed by connecting the sight points noted above with a sight point 90 feet on the intersecting street.
§ 185-35 Grading.
All lots being filled shall be cleared of all debris, including brush and tree stumps, and be filled with clean fill and/or top soil to allow complete surface draining of the lot into local storm sewer systems or natural drainage rights-of-way. No construction shall be permitted which creates or aggravates water stagnation or a drainage problem on adjacent properties. Moreover, no person, firm or corporation shall strip or otherwise remove fill or topsoil from any land area in the township unless such activity is in accordance with all applicable township ordinances.
§ 185-36 Lighting.
A.
All parking areas and walkways thereto and appurtenant passageways and driveways serving commercial, public, office, industrial, apartment or other similar uses having common off-street parking and/or loading areas and building complexes requiring area lighting shall be adequately illuminated for security and safety purposes. The lighting plan in and around the parking areas shall provide for nonglare, color-corrected lights focused downward. The light intensity provided at ground level shall be a minimum of three-tenths (.3) foot candle anywhere in the area to be illuminated, shall average a minimum of 0.5 foot candle over the entire area and shall be provided by fixtures with a mounting height not more than twenty- five (25) feet or the height of the building, whichever is less, measured from the ground level to the center line of the light source, spaced a distance not to exceed five times the mounting height.
B.
Any other outdoor lighting, such as building and sidewalk illumination, driveways with no adjacent parking, the lighting of signs and ornamental lighting, shall be shown on the lighting plan in sufficient detail to allow determination of the effects to adjacent properties, traffic safety and overhead sky glow. The objective of these specifications is to minimize undesirable off-premises effects. No light shall shine directly into windows or streets and driveways so as to interfere with or distract driver vision.
§ 185-37 Nonconforming uses, structures and lots.
A.
The lawful use of land or structures existing at the date of adoption of this chapter, as amended, may be continued although such use or structure is nonconforming to the provisions specified in this chapter, as amended, for the zoning district in which such use or structure is located, except as provided by law.
B.
Any nonconforming use or structure which has been changed to a conforming use or structure shall not be changed back again into a nonconforming use or structure.
C.
Any nonconforming use, structure or lot may change ownership and continue to function as the same nonconforming use, structure or lot, provided that all other provisions of this chapter and other applicable laws are met.
D.
Repairs and maintenance work required to keep a structure in sound condition may be made to a nonconforming structure or a structure containing a nonconforming use. However, no nonconforming structure or structure containing a nonconforming use shall be enlarged, extended, constructed, reconstructed or structurally altered in any manner.
E.
Any lot upon which a nonconforming use or structure is located shall not be reduced in size, nor shall any lot already nonconforming be made more nonconforming in any manner.
F.
Any vacant lot, or lot with a single-family residential structure, excepting those in the Pinelands Area, existing at the effective date of adoption or amendment of this section whose area or dimensions do not meet the requirements of the district in which the lot is located, but which lot has a minimum frontage of 100 feet and a minimum depth of 125 feet, may have a building permit issued, without variance approval, for a use permitted for that zoning district, provided that the building coverage limit will not exceed 20% of the lot area, parking requirements are met and the yard and height provisions are reduced by the same percentage that the area of such lot bears to the zoning district requirements, except that no side yard shall be less than 10 feet or half that required by this section, whichever is greater. Front yard depth and setback shall conform to those of adjoining property owners. No building shall be required to have a height less than 12 feet and one story. All other applicable provisions of this section shall hold.
G.
Any vacant lot of one acre or more within the Pinelands Area, existing as a conforming lot as of February 7, 1979, which does not meet the requirements for the zone in which the lot is located may have a construction permit issued for the development of a single-family dwelling without an appeal for variance relief, provided that:
[Amended 2-24-97 by Ord. No. 97-01]
(1)
The lot was not held in common ownership with any adjoining parcels on February 7, 1979, or since that date.
(2)
The yard requirements of the zone in which such lot is located are reduced by the same percentage that the lot area bears to the zoning district requirement, except that no yard shall be reduced to less than 50% of the requirement of this chapter and no side yard shall be reduced to less than 15 feet. No front or rear yard shall be reduced to less than 50 feet.
(3)
The development of any lot under this section shall comply with the other requirements of this chapter.
§ 185-38 Off-street parking.
A.
General provisions.
(1)
Lighting. All parking areas providing five or more parking spaces and requiring lighting shall be lighted in accordance with the provisions specified in Section 185-36 of this chapter.
(2)
Surfacing and curbing. All on-site off-street parking and loading areas and access driveways shall be paved and curbed as recommended by the Board Engineer and approved by the Board as part of the site plan approval.
(3)
Location of parking spaces. All required off- street parking spaces shall be located on the same lot or premises as the use served.
(4)
Landscaping.
(a)
Each off-street parking area shall have a minimum area equivalent to one parking space per every 30 parking spaces and landscaped with 1/2 of said spaces having shrubs no higher than three feet and the other half having trees with branches no lower than seven feet. Such spaces shall be distributed throughout the parking area in order to break the view of long rows of parked cars in a manner not impairing visibility.
(5)
Type of facility.
(a)
Parking spaces may be on, above or below the surface of the ground. When parking spaces are provided within a garage or other structure, said structure shall adhere to the proper accessory or principal building setbacks, as applicable.
(b)
The provision of parking spaces shall also include adequate driveway and necessary turning areas for handling the vehicles for which provision is made. Parking area shall be designed to permit each motor vehicle to proceed to and from the parking space provided for it without requiring the moving of any other motor vehicles. Aisles providing access to parking spaces shall have the following minimum dimensions. Where the angle of parking is different on both sides of the aisle, the larger aisle width shall prevail.
Angle of Parking Space (degrees) | 1-Way Aisle (feet) | 2-Way Aisle (feet) |
|---|---|---|
90 | 22 | 25 |
60 | 18 | 20 |
45 | 15 | 20 |
30 | 12 | 18 |
Parallel | 12 | 18 |
B.
Specific requirements. Each individual use shall provide parking spaces according to the following provisions. Where a permitted use of land includes different specific activities with different specific parking requirements, the total number of required parking spaces shall be obtained by individually computing the parking requirements for each different activity and adding the resulting numbers together.
(1)
Detached dwelling units shall follow RSIS.
(2)
Churches shall provide one space per every four permanent seats. [One seat may be considered 22 inches in calculating the capacity of pews or benches.]
(3)
Golf courses and public utilities shall provide sufficient spaces and maneuvering area to prevent any parking along public rights-of-way or private driveways, fire lanes and aisles. Golf courses shall provide two spaces per hole and one space per employee.
(4)
Schools shall provide one space per employee for grades kindergarten through 10th, two and one-half (2 1/2) spaces per employee for grades eleven and twelve and, in all cases, sufficient space for school bus loading and unloading.
(5)
Local retail and service activities shall provide parking at the ratio of five spaces per 1,000 square feet of gross floor area.
(6)
Restaurants that do not serve alcohol shall provide a minimum of one parking space for every three seats but in all cases a sufficient number of spaces to prevent any parking along public rights-of-way or private driveways, fire lanes and aisles. Parking requirements for restaurants serving alcoholic beverages are set forth in Section 185-73D(5).
[Amended 9-18-2002 by Ord. No. 2002-05]
(7)
Banks and offices shall provide parking at the ratio of five spaces per 1,000 square feet of gross floor area.
(8)
Theaters shall provide one space for every four seats.
(9)
Bowling alleys shall provide four spaces per bowling lane.
(10)
Service stations shall provide at least six spaces for the first lift, wheel alignment pit or similar work area; five additional spaces for a second work area; and an additional three spaces for each additional work area. Such spaces shall be separated from the driveway and general apron areas which give access to the gasoline and air pumps and service areas. No designated parking space shall obstruct access to such facilities.
(11)
Automobile sales establishments shall provide 10 spaces for customer convenience, separated from vehicular displays and not used by employees.
(12)
Car washes shall provide three access lanes for each mechanized car wash entrance, with each lane having a minimum capacity for 12 vehicles; one separate space for each waxing, upholstery cleaning or similar specialized service area; and one space for every two employees. All vehicle entrances shall be from the rear of the building, and all parked and waiting vehicles shall be accommodated on the lot.
(13)
Hotels and motels shall provide one and one-fourth (1 1/4) spaces per room.
(14)
Manufacturing plants and industrial uses shall provide parking at the ratios of one space per every 700 square feet of gross floor area plus one space for every 200 square feet of gross floor area used for offices. Wholesale distribution centers, warehouses and storage facilities shall provide parking at the ratios of one space for every 1,000 square feet of gross floor area. Additionally, one space shall be provided for every vehicle owned and/or operated by the use operating from the site.
(15)
Liquor stores shall provide a minimum of 16 parking spaces for patrons and a minimum of four parking spaces for employees. In addition, the exit drive aisle from the liquor store parking lot shall be at least 47 feet long, to allow for stacking of exiting vehicles. Liquor stores shall also provide one truck loading and unloading area for every 10,000 square feet, or part thereof, of gross floor area. Each truck area shall be adjacent to the store, and shall be fourteen feet wide by sixty feet long (14' x 60').
[Added 9-18-2002 by Ord. No. 2002-05]
C.
Shared parking. Nothing in the above requirements or in this subsection shall be construed to prevent the employment of shared parking, which may be implemented in the following manner:
(1)
On-site shared parking. For parcels with containing a mixed-use building, on-site shared parking may be implemented.
(2)
A 50% shared parking allowance shall be permitted for combining weekday uses with evening/weekend uses in the same building. Office and retail uses are considered to be weekday uses, while residential and restaurant uses are considered to be evening/weekend uses.
§ 185-39 Off-street loading.
A.
Truck loading and unloading areas shall be provided in a sufficient amount to permit the transfer of goods and products in other than a public street or public parking area.
B.
Where proposed, off-street loading areas shall be located in the rear yard.
C.
Where proposed, off-street loading berths shall be at least 12 feet wide.
D.
All loading berths shall have unobstructed access that is at least 10 feet wide to and from a street. Such access may be combined with access to a parking lot.
E.
All proposed loading berths shall be on the same lot as the use(s) to which they are accessory.
F.
Where the separate designation of a specific off-street loading berth is not proposed for a use or uses, the required off-street parking area shall not be used for loading and unloading purposes, except during hours when normal business operations are suspended.
§ 185-40 Trash receptacles.
A.
There shall be at least one trash and garbage pick-up location provided by each non-residential building or at least one centralized trash and garbage pick-up location provided where there are multiple nonresidential buildings on the same site.
B.
Trash and recycling receptacles shall be located in the rear yard and shall be enclosed with a solid masonry enclosure and heavy duty gate. No trash receptacles shall be visible from any public street. Such facilities should be designed so that they fit within an overall project design.
C.
The size and capacity of all trash and recycling facilities shall be based on the size and capacity of bins and/or dumpsters utilized, frequency of pick-up and projected generation rates of site users.
D.
Adequate provisions for recycling shall be provided.
E.
All trash facilities shall be designed to reduce discernible odors and contain such within the trash storage area.
§ 185-41 Performance standards.
An application for a permit shall provide documentation that the intended use will comply with the performance standards enumerated below. In the case of a structure being built where the future use is not known, a building permit may be issued with the condition that no certificate of occupancy will be issued until such time as this documentation is submitted with respect to the particular occupant.
A.
Buffers. Buffer areas are required along lot and street lines of all nonresident lots where said property lines or the center line of adjacent streets abut residential uses or residential zoning district lines. Each permitted use shall provide and maintain attractively landscaped grounds and suitable screening in order to safeguard the character of adjacent districts. The width of the buffer area for each particular zoning district shall be measured horizontally and be either perpendicular to straight lot and street lines or radial to curved lot and street lines. Buffer areas shall be maintained and kept clear of all debris, rubbish, weeds and tall grass. No above-surface structure or activity or the storage of materials or parking of vehicles shall be permitted in the buffer area, and all buffer areas shall be planted and maintained with grass or ground cover, together with a dense screen of trees, shrubs or other plant materials meeting the following requirements:
(1)
Plant materials used in screen planting shall be at least six feet in height when planted and be of such density that all the glare of automobile headlights emitted from the premises is obscured throughout the full course of the year. The plant materials shall be of a species common to the area, shall be of nursery stock, shall be free of insect and disease and shall otherwise conform to the landscaping provisions of Section 185-54 which are applicable within the Pinelands Area.
(2)
Buffer areas shall be permanently maintained, and plant material which does not live shall be replaced within one year or one growing season.
(3)
The screen planting shall be so placed that at maturity the plant material will be no closer than three feet to any street or property line.
(4)
The buffer area shall not be broken unless specifically approved by the Board.
B.
Electricity. Electric or electronic equipment shall be shielded so there is no interference with any radio or television reception at the lot line, or beyond the operator's dwelling unit in the case of multifamily dwellings, as the result of the operation of such equipment. Electronic equipment shall be in accordance with Federal Communications Commission standards.
C.
Glare. No use shall produce a strong dazzling light or a reflection of a strong dazzling light or glare beyond its lot lines. Exterior lighting shall be shielded, buffered and directed so that glare, direct light or reflection will not become a nuisance to adjoining properties, adjoining dwelling units, adjoining districts or streets.
D.
Heat. No use shall produce heat perceptible beyond its lot lines. Further, no use shall be permitted which would cause the temperature to rise or fall in any part of ponds, streams or other watercourses.
E.
Noise. Noise levels for commercial and industrial enterprises shall be designed and operated in accordance with the regulations established by the New Jersey State Department of Environmental Protection as they are adopted and amended.
F.
Odor. Odors shall not be discernible at the lot line or beyond to such an extent that they become a nuisance.
G.
Storage and waste disposal.
(1)
No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces, nor shall any substance be deposited which can contaminate an underground aquifer or otherwise render such underground aquifer undesirable as a source of water supply or recreation or which will destroy aquatic life. All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise attractive to rodents or insects shall be stored indoors and enclosed in appropriate containers adequate to eliminate such hazards.
(2)
No hazardous or toxic substances, including hazardous wastes, shall be stored, transferred, processed, discharged, disposed or otherwise used in the Pinelands Area. The land application of waste or waste derived materials is prohibited in the Pinelands Area, except as expressly authorized in N.J.A.C. 7:50-6.79. Waste management facilities shall only be permitted in the Pinelands Area in accordance with the standard set forth in N.J.A.C. 7:50-6.
[Amended 2-24-97 by Ord. No. 97-01]
H.
Vapor. No use shall produce smoke, ash, dust, fumes, vapors, gases or other forms of air pollution which could cause damage to the health of any person, animal or vegetation or which could cause excessive soiling.
I.
Vibration. There shall be no vibration which is discernible to the human sense of feeling beyond the immediate site on which such use is located.
J.
Landscaping and clearing.
(1)
Disturbance of wooded areas shall be limited wherever possible and the proposed buildings or improvements located in existing cleared areas.
(2)
Where disturbance is unavoidable, the clearing of trees from proposed building sites is permitted within 15 feet of the building foundation. Selective clearing of other than mature trees is permitted within 30 feet of a building foundation. Clearing may extend into side and rear yard setbacks; however, a minimum natural buffer of 20 feet shall be maintained between the edge of clearing and the side or rear property line.
(3)
Areas that are cleared during construction but which will not contain permanent improvements shall be limited and shall be revegetated with natural vegetation as indicated on the Natural Revegetation List.
(4)
If the location of improvements within existing cleared area is not feasible, said cleared area shall be revegetated in an amount equivalent to that area required for the improvements in accordance with an approved landscape plan.
K.
Environmental assessment.
(1)
Purpose. The impact on the environment associated with development projects necessitates a comprehensive analysis of the variety of problems that may result and the measures that can be taken to minimize the adverse impacts. It is recognized that the level of detail required for the variety of development applications will vary depending on the size of the project, the site conditions, the location of the project and the information already in the possession of the township. Some flexibility is needed in preparing the Environmental Assessment Report. The Environmental Assessment Report requirements pertaining to different types of development application are listed below.
(2)
Requirements.
(a)
All agricultural operations conducted in accordance with a plan approved by the Soil Conservation District and all silviculture operations conducted in accordance with a plan prepared by a professional forester are specifically exempt from the Environmental Assessment requirements.
(b)
Any variance applications to the Zoning Board of Adjustment not involving a site plan or subdivision application shall not require an Environmental Assessment unless specifically requested by the Board. The Zoning Board of Adjustment shall inform the applicant regarding any information that may be required.
(c)
All subdivision applications and/or site plan applications shall be accompanied by a complete Environmental Assessment Report including the Environmental Assessment Checklist and required documentation which shall be submitted as a prerequisite to a complete application.
(d)
Amended subdivision or site plan applications shall be accompanied by a supplemental Environmental Assessment Report which assesses the environmental impacts associated with any modifications to the original plan.
(e)
Any development application or amended development application located in the Coastal Zone and for which an Environmental Impact Statement has been prepared and submitted to the NJDEP as part of a CAFRA application shall not be bound by the provisions of this section provided that a copy of the Environmental Impact Statement submitted as part of the CAFRA application also accompanies any development application to the Township Planning Board or Board of Adjustment.
(3)
Submission format.
(a)
When an Environmental Assessment is required, the applicant shall retain one or more competent professionals to perform the necessary work. The qualifications and background of the professionals shall be provided, and the method of investigation shall be described.
(b)
All applicable material on file in the township pertinent to evaluation of regional impacts shall also be considered including the Township Master Plan and accompanying natural resources mapping, the New Jersey Department of Environmental Protection (NJDEP) data and other information as available.
(c)
All Environmental Assessments shall consist of written and graphic materials which clearly present the required information in a report format utilizing the adopted Environmental Assessment Checklist with accompanying documentation as required.
(4)
Environmental assessment report submission. The Environmental Assessment Report including appropriate references shall be submitted to the Board. Five copies of the Environmental Assessment Report and one digital copy on cd-rom shall be submitted with development application prior to the determination of a complete application.
(5)
Environmental assessment waiver.
(a)
Notwithstanding the foregoing, the appropriate Board may, at the request of an applicant, waive the requirement for an Environmental Assessment Report if the appropriate Board finds that sufficient evidence is submitted to support a conclusion that the proposed development will have a negligible environmental impact.
(b)
Portions of such requirement may likewise be waived upon a finding that the complete report need not be prepared in order to evaluate adequately the environmental impact of a particular project.
(c)
Notwithstanding, any site development affecting wetlands and C-1 waters shall not be granted a waiver from these requirements.
(6)
Environmental assessment checklist is included as an attachment to this chapter.
§ 185-42 Principal structures.
Unless otherwise specified for a particular zoning district, no more than one principal structure shall be permitted on one lot, except for the OVCC, OVC, CVC, OVCR, CVR and VC Districts.
§ 185-43 Signs.
A.
General provisions. No billboards shall be erected except in the Pinelands Area as provided in Subsection A(12) below. No sign of any type shall be permitted to obstruct driving vision, traffic signals, traffic directional and identification signs, other places of business, other signs or windows of the building on which they are located. No sign shall be attached to trees, fence posts, stumps, utility poles or other signs, but they shall be freestanding or attached to buildings in an approved manner.
(1)
Animated, flashing and illusionary signs. Signs using mechanical or electrical devised to revolve, flash or display movement or the illusion of movement are prohibited.
(2)
Height. No freestanding or attached sign shall be higher at any point than the roof line of the building, except that no sign shall exceed any lesser height if specified in any other provision of this chapter. In addition, no attached sign shall project into or hand over a street right-of- way, and no sign shall project beyond a building in a manner placing it above an area traversed by motor vehicles. Where signs project beyond a building facade or wall over a pedestrian way, the lowest portion of the sign shall be at least eight feet above the walkway.
(3)
Illuminated signs. Illuminated signs shall be so arranged as to reflect the light and glare away from adjoining premises and away from adjoining highways. No sign with red, green or blue illumination in a beam, beacon or flashing form resembling an emergency light shall be erected in any location where it may be confused with a railroad, traffic control or emergency signal. Illuminated signs shall comply with the National Electric Code.
(4)
Information and direction signs. Street number designations, postal boxes, on-site directional and parking signs, warning signs and signs posting property as "private property" or "no hunting" or similar signs are permitted in all zones but are not to be considered in calculating sign area. No such sign shall exceed two square feet in area.
(5)
Maintenance. Signs must be constructed of durable materials, maintained in good condition and not allowed to become dilapidated.
(6)
Character. Within the Village Residential (VR) Zone and within the Pinelands Area, signs shall be of a character and composition to be harmonious with the scenic and historic values of these areas to the maximum extent practicable.
(7)
Portable signs. Portable signs shall be those signs which are fixed on a movable stand; self- supporting without being firmly embedded in the ground; supported by other objects; mounted on wheels (not included are motor vehicles); or made easily movable in some other manner as may be acceptable to the Construction Code Official. Portable signs may be of durable plastic products or wood, maintained in good condition and not allowed to become dilapidated or unsafe. Portable signs may be internally illuminated with nonflashing lighting only. No other lighting of portable signs is permitted. No portable sign shall be illuminated or lighted between the hours of 12:00 midnight and 6:00 a.m. Portable signs are permitted in addition to any other allowable signs.
(8)
Real estate signs. Signs temporarily advertising the sale, rental or lease of the premises or a portion thereof shall be, if not attached to the building, set back at least 10 horizontal feet from all street lines. Such signs shall not exceed nine square feet on each of two sides and shall be removed at the expense of the advertiser within 15 days after the termination or completion of the matter or business being advertised. "Sold" signs shall be permitted between the signing of the contract of sale and the date of the legal closing. All such signs do not need a building permit.
(9)
Sign area. Sign area shall be measured around the outside edges of a framed or enclosed sign or by the area utilized by isolated words and/or symbols, including the background, whether open or enclosed, but said area shall not include any supporting framework and bracing incidental to the display itself.
(10)
Signs and sign structures. All signs and sign structures shall be located to allow a clear unobstructed line of sight for 300 feet from the stop line of any intersection of streets and/or driveways.
(11)
Signs with two exposures. Signs with two exposures shall be measured for area by using the surface area of one side of the sign only. Both sides may be used.
B.
Permitted signs. The following signs are permitted for uses as specified in Article IV of this chapter for the various zoning districts, except for OVCC, OVC, CVC and VC Zoning Districts:
(1)
Churches, cemeteries and schools: one free-standing sign not exceeding 32 square feet in area and 12 feet in height and set back at least 10 feet from all street rights-of-way and lot lines plus one attached sign not exceeding 32 square feet in area.
(2)
Golf courses and public utilities: one freestanding sign not exceeding 32 square feet in area and 12 feet in height and set back at least 10 feet from all street rights-of-way and lot lines.
(3)
Local retail and service activities, restaurants, banks, theaters, bowling alleys, automobile sales and car washes: one freestanding sign not exceeding 32 square feet in area and 12 feet in height and set back at least 10 feet from all street rights-of-way and lot lines.
[Amended 1-12-1998 by Ord. No. 97-18]
(4)
Office buildings, hotels and motels: one freestanding sign not exceeding 32 square feet in area and 12 feet in height and set back at least 10 feet from all street rights-of-way and lot lines. Where an individual office unit has direct access from the outside, a sign not exceeding four square feet identifying the name of the office may also be attached to the building at the office entrance.
[Amended 1-12-1998 by Ord. No. 97-18]
(5)
Shopping centers: one freestanding sign along each arterial or collector road which the tract in question abuts, provided that there exists at least 250 feet of unbroken frontage. Such sign shall not exceed a height of 25 feet, shall be set back from the street rights-of-way and driveways at least 50 feet, shall be set back from any property line a minimum of 100 feet and shall not exceed an area of 32 square feet.
[Amended 1-12-1998 by Ord. No. 97-18]
(a)
Where uses share a common walkway, each use served by the walkway may have one additional sign which shall be either attached flat against the building or be suspended in perpendicular fashion from the roof over the common walkway. Suspended signs shall be no closer than eight feet at their lowest point to the finished grade level below them. No such sign shall exceed 10 square feet in area.
(b)
All signs in a shopping center shall conform in character to all other signs in the complex and shall blend with the overall architectural scheme of the shopping center.
(6)
Service stations: one freestanding sign and one sign attached flat against the building. The freestanding sign shall not exceed an area of 32 square feet and 25 feet in height and shall be set back at least 10 feet from all street rights-of-way and lot lines. The attached sign shall not exceed 32 square feet in area.
(7)
Industrial and manufacturing plants, wholesale distribution centers and warehouses: one sign not exceeding 32 square feet in area. If attached to the building, the sign shall not be higher than the roof line; if freestanding, the sign shall not exceed a height of 25 feet, shall be set back from the street rights-of-way and driveways at least 50 feet and shall be set back from any property line a minimum of 100 feet.
[Amended 1-12-1998 by Ord. No. 97-18]
(8)
Industrial parks: one freestanding sign along each arterial or collector road which the tract in question abuts, provided that there exists at least 250 feet of unbroken frontage. Such sign shall not exceed a height of 25 feet, shall be set back from the street rights-of-way and driveways at least 50 feet, shall be set back from any property line a minimum of 100 feet and shall not exceed an area of 32 square feet.
[Amended 1-12-1998 by Ord. No. 97-18]
(9)
Home occupations. Home occupations, where permitted, shall be allowed to maintain one unlighted nameplate sign identifying the home occupation, not exceeding six square feet in area, either attached or freestanding, and set back at least 15 feet from the street right-of-way line.
(10)
Liquor stores. In addition to the requirements of Section 185-43B(3), liquor stores are subject to the following additional requirements:
[Added 9-18-2002 by Ord. No. 2002-05]
(a)
There shall be no banners, portable signs or outside advertising displays, such as inflatable product models.
(b)
There shall be no outside display of merchandise, and no outside storage of merchandise, whether as a display or otherwise.
(c)
There shall be no outside vending machines, ice machines or other facilities that advertise or dispense merchandise.
C.
Permitted signs in the OVCC, OVC and CVC Districts. The following signs are permitted for uses in the OVCC, OVC and CVC Districts:
(1)
Wall signs, subject to the following requirements:
(a)
One of the three types below shall be permitted for each street frontage of each business:
(b)
Sign area shall be a maximum of 30 square feet.
(c)
Wall signs are also permitted for walls facing rear parking areas with the same area as permitted on the front façade.
(d)
Wall signs must be located below the second story floor line.
(2)
Hanging signs, subject to the following requirements:
(a)
One sign shall be permitted per business per street frontage that is attached perpendicular to the street.
(b)
Sign area shall be a maximum of 10 square feet.
(c)
The letter/logo height shall be a maximum of six inches.
(d)
Hanging signage must be located below the second story floor line, but provide at least eight foot of clearance between its bottom point and the sidewalk below.
(e)
Hanging signs shall not be internally illuminated.
(4)
Awning signs, subject to the following requirements:
(a)
One sign with lettering per business shall be permitted on an awning, and logos shall be permitted on all awnings, provided that:
(b)
Awnings shall be aesthetically compatible with the building and consistent with each other.
(c)
Awnings shall be kept in good order and repair.
(d)
All awnings shall be made of cloth or canvas.
(e)
A business cannot have a wall sign and an awning with lettering.
(5)
Window lettering signs, subject to the following requirements:
(a)
All window lettering signs shall be inside the window and only on first floor windows facing the street frontage.
(b)
Window lettering signs shall not encompass more than 15% of the window area.
(c)
Window lettering signs shall pertain only to the establishment occupying the premise where the window is located.
D.
Permitted signs in the VC District. The following signs are permitted for uses as specified in Article IV of this chapter for the VC District:
(1)
(2)
Hanging signs, subject to the following requirements:
(a)
One sign shall be permitted per business per street frontage that is attached perpendicular to the street.
(b)
Sign area shall be a maximum of four square feet.
(c)
The letter/logo height shall be a maximum of six inches.
(d)
Hanging signage must be located below the second story floor line, but provide at least eight foot of clearance between its bottom point and the sidewalk below.
(e)
Hanging signs shall not be internally illuminated.
(4)
Awning signs, subject to the following requirements:
(a)
One sign with lettering per business shall be permitted on an awning, and logos shall be permitted on all awnings, provided that:
(b)
Awnings shall be aesthetically compatible with the building and consistent with each other.
(c)
Awnings shall be kept in good order and repair.
(d)
All awnings shall be made of cloth or canvas.
(e)
A business cannot have a wall sign and an awning with lettering.
(5)
Window lettering signs, subject to the following requirements:
(a)
All window lettering signs shall be inside the window and only on first floor windows facing the street frontage.
(b)
Window lettering signs shall not encompass more than 15% of the window area.
(c)
Window lettering signs shall pertain only to the establishment occupying the premise where the window is located.
§ 185-44 Swimming pools.
A.
No private residential swimming pool shall be constructed or installed on any lot unless the lot contains a residence building. Pools shall be located in rear and/or side yard areas only and shall meet the setback distances for accessory buildings as specified in Article IV for each particular zoning district, except that in no case may a swimming pool be located closer than 15 feet to any lot line.
B.
A swimming pool shall occupy no more than 75% of the yard area in which it is located.
C.
A private residential swimming pool area must be surrounded by a suitable fence with a self-latching gate, at least four feet but no more than six feet in height, and said fence shall be set back from any lot line at least 15 feet if the fence exceeds four feet in height.
§ 185-45 Yard area.
A.
No open space provided around any principal building for the purposes of complying with the front, side, rear or other yard provisions of this chapter shall be considered as providing the yard provisions for any other principal building.
B.
Any structure located on a corner lot shall be set back from both streets at least the required front yard distance.
§ 185-46 Off-tract improvements.
A.
Improvements required. Developers shall be required, as a condition for approval of a subdivision or site plan, to pay their pro rata share of the cost of providing reasonable and necessary street improvements and water and drainage facilities and easements located outside the property limits of the subdivision but necessitated or required by construction or improvements within the subdivision. The following criteria shall be utilized in determining a developer's proportionate or pro rata share of necessary off-tract improvements.
B.
Cost of improvement.
(1)
Improvements benefiting applicant only. In cases where the reasonable and necessary need for an off-tract improvement or improvements is necessitated or required by the proposed development application where no other property owners receive a special benefit thereby, the applicant may be required, as a condition of approval, at the applicant's sole expense, to provide for and construct such improvements as if such were an on-tract improvement in the manner provided hereafter and otherwise provided by law.
(2)
Other improvements.
(a)
In cases where the need for any off-tract improvement is created by the proposed subdivision or site plan and where the Planning Board determines that properties outside the subdivision or tract will also be benefited by the improvement, the Planning Board shall forthwith forward to the municipal governing body a list and description of all such improvements, together with its request that the Governing Body determine and advise the Board of the procedure to be followed in the construction or installation thereof. The Planning Board shall withhold action upon the subdivision or site plan until receipt of the governing body's determination or until the expiration of 60 days after the forwarding of such list and the description to the governing body without such determination having been made, whichever occurs sooner.
(b)
The Governing Body, within 60 days after receipt of said list and description, shall determine and advise the Planning Board whether:
[1]
The improvement or improvements are to be constructed or installed by the municipality:
[a]
As a general improvement, the cost of which is to be borne at general expense (except as hereinafter otherwise provided as to a contribution thereto by the subdivider or developer); or
[b]
As a local improvement, all or part of the cost of which is to be specially assessed against properties benefited thereby in proportion to benefits conferred by the improvements in accordance with Chapter 56 of Title 40 of the New Jersey Revised Statutes (except as hereinafter otherwise provided as to a contribution thereto by the subdivider or developer).
[2]
The improvement or improvements are to be constructed or installed by the subdivider or developer under a formula for partial reimbursement as hereinafter set forth.
(c)
If the Governing Body shall determine that the improvement or improvements shall be constructed or installed under Subsection B(2)(b)[1][a] above, the Planning Board shall estimate, with the aid of the Municipal Engineer or such other persons as have pertinent information or expertise, the amount, if any, by which the total cost thereof will exceed the total amount by which all properties, including the subdivision or tract, will be specially benefited thereby, and the subdivider or developer shall be liable to the municipality for such excess. Further, the Governing Body shall adopt an ordinance authorizing and providing for the financing of the improvement or improvements in a manner consistent with the obligation of the subdivider or developer for any excess of total cost over total benefits conferred, as set forth above.
(d)
If the Governing Body shall determine that the improvement or improvements shall be constructed or installed under Subsection B(2)(b)[1][b] above, the Planning Board shall, as provided in Subsection C of this section, estimate the difference between the total costs to be incurred and the total amount by which all properties to be benefited thereby, including the subdivision property or tract, will be specially benefited by the improvement, and the subdivider or developer shall be liable to the municipality therefor, as well as for the amount of any special assessments against the subdivision property or tract for benefits conferred by the improvement or improvements. Further, the Governing Body shall adopt an ordinance authorizing and providing for the financing of the improvement or improvements and the assessment of benefits arising therefor in a manner consistent with the obligation of the subdivider or developer with respect thereto, and proceedings under said ordinance shall be in accordance with Chapter 56 of Title 40 of the New Jersey Revised Statutes, except to the extent modified by the obligation of the subdivider or developer for any excess of total costs over total benefits conferred, as set forth above.
(e)
If the Governing Body shall determine that the improvement or improvements are to be constructed or installed by the subdivider or developer under Subsection B(2)(b)[2] above, the Planning Board shall in like manner estimate the amount of such excess, and the subdivider or developer shall be liable to the municipality therefor, as well as for the amount of any special assessments against the subdivision property or tract for benefits conferred by the improvement or improvements. However, the subdivider or developer shall be entitled to be reimbursed by the municipality for the amount of any special assessments against property other than the subdivision property or tract for benefits conferred by the improvement or improvements, and proceedings under said ordinance shall be in accordance with Chapter 56 of Title 40 of the New Jersey Revised Statutes. However, any such assessment against the subdivision property or tract shall be marked "paid and satisfied" in consideration of the construction or installation of the improvement or improvements by the subdivider or developer.
(f)
If the Governing Body shall not adopt such an ordinance or resolution with said time, the final subdivision layout or site plan shall be designed accordingly, and the Planning Board shall thereupon grant or deny final approval.
C.
In cases where the need for any off-tract improvement is necessitated by the proposed development application and where it is determined that properties outside the development will also be benefited by the improvement, the following criteria shall be utilized in determining the developer's proportionate share of such improvements.
(1)
Roadways. For street widening, alignment, channelization of intersections, construction of barriers, new or improved traffic signalization, signs, curbs, sidewalks, trees, utility improvement uncovered elsewhere, the construction or reconstruction of new or existing streets and other associated streets or traffic improvements, the applicant's proportionate cost shall be determined as follows:
(a)
The Township Engineer shall provide the applicant's engineer with the existing and anticipated peak-hour flows for the off-tract improvement.
(b)
The applicant shall furnish a plan for the proposed off-tract improvement, which shall include the estimated peak-hour traffic generated by the proposed development. The ratio of the peak-hour traffic generated by the proposed development to the future peak- hour traffic shall form the basis of the proportionate share. The prorated share shall be computed as follows:
Total cost of the roadway improvement and/or extension Developer's cost | = | Future peak-hour traffic Future peak-hour traffic generated by the development |
(2)
Drainage improvements. For stormwater and drainage improvements, including the installation, relocation or replacement of storm drains, culverts, catch basins, manholes, riprap or improved drainage ditches and appurtenances thereto and the relocation or replacement of other storm drainage facilities or appurtenances associated therewith, the applicant's proportionate share shall be determined as follows:
(a)
The capacity and the design of the drainage system to accommodate stormwater runoff shall be based on a method described in Urban Hydrology for Small Watershed Technical Release 55, Soil Conservation Service, United States Department of Agriculture, January 1975, as amended, and shall be computed by the developer's engineer and approved by the Township Engineer.
(b)
The capacity of the enlarged, extended or improved system required for the subdivision and areas outside of the developer's tributary to the drainage system shall be determined by the developer's engineer, subject to approval of the Township Engineer. The plans for the improved system shall be prepared by the developer's engineer and the estimated cost of the enlarged system calculated by the Township Engineer. The prorated share for the proposed improvement shall be computed as follows:
Total enlargement or improvement cost of drainage facilities Developer's cost | = | Total tributary cubic feet per second Development cubic feet per second |
D.
Escrow accounts. Where the proposed off-tract improvement is to be undertaken at some future date, the moneys required for the improvement shall be deposited to the credit of the township in a separate account until such time as the improvement is constructed. If the off-tract improvement is not begun within 10 years of deposit, all moneys and interest shall be returned to the applicant.
E.
Computation of pro rata share. In any case in which an applicant shall not provide the approving authority with the estimates of a traffic consultant and/or consulting engineer with regard to estimated improvement costs and all other information necessary to proportion costs, the approving authority may rely on the estimates of the Township Engineer.
§ 185-47 Historic preservation.
A.
(Reserved for Future Use.)
§ 185-48 Open space and park standards.
A.
Purpose. This section establishes open space and park standards for potential park areas within the OVCC, OVC and CVC Districts. There are a total of three open space and park typologies. The provision of open space or parkland is triggered by the size of the tract. Note that only the OVCC, OVC and CVC Districts have open space and recreation requirements.
B.
Development within the OVCC, OVC and CVC District shall provide one of three types of park facilities, depending on the size of the development tract as follows:
C.
Standards for a Pocket Plaza.
(1)
General description. A Pocket Plaza is the smallest type of open space within the Villages. Pocket Plazas are similar to Center Plazas, but are smaller in size. Pocket Plazas act as secondary focal points within the community that provide intimate spaces for seating and dining. Pocket Plazas can be created around a sculpture or planting beds. The general character of a Pocket Plaza is a hardscape surface with trees and plantings, which is defined by buildings.
(2)
Spatial, landscape and amenity standards for a Pocket Plaza shall be as follows:
 |
D.
Standards for a Center Plaza.
(1)
General description. A Center Plaza adds vitality to the streetscape and creates open spaces for civic purposes and commercial activity. They provide a gathering place for the community and should be located either the intersection of important streets or between nodes of activity. Center Plazas are primarily a hardscape surface with trees and plantings, defined by buildings and streets, and typically contain benches, outdoor dining areas and water features.
(2)
Spatial, landscape and amenity standards for a Center Plaza shall be as follows:
 |
E.
Standards for a Community Park.
(1)
General description. A Community Park provides active and/or passive recreation space for all age groups while simultaneously preserving open space. Play equipment, walking trails and civic structures, such as a gazebo or amphitheater should be included where appropriate. Landscaping should consist of trees, grass, shrubs and native plants.
(2)
Spatial, landscape and amenity standards for a Community Park shall be as follows:
 |