Dennis Township, NJ Zoning Ordinance

[Amended 8-25-1997 by Ord. No. 97-11; 1-12-1998 by Ord. No. 97-18; 9-18-2002 by Ord. No. 2002-05; 5-5-09 by Ord. No. 2009-01; 8-12-2025 by Ord. No. 2025-04; 8-12-2025 by Ord. No. 2025-06]

Before a building permit or certificate of occupancy shall be issued for any conditional use as permitted by this chapter, application shall be made to the Planning Board. The Planning Board shall grant or deny said application within 95 days of submission of a complete application by a developer to the Zoning Officer or within such further time as may be consented to by the applicant.

The review by the Planning Board of a conditional use shall include any required site plan review pursuant to Article VI of this chapter. Public notice and a hearing shall be required as stipulated in Article IX of Chapter 165, Subdivision of Land.

In all requests for approval of conditional uses, the burden of proof shall be on the applicant. The Planning Board shall give due consideration to all reasonable elements which could affect the public health, welfare, safety, comfort, and convenience, such as but not limited to the proposed use(s), the character of the area, vehicular travel patterns and access, pedestrian ways, landscaping, lighting, signs, drainage, sewage treatment, potable water supply, utilities and building and structure location(s) and orientation(s).

Special requirements.

(1)

Car washes, as accessories to service stations.

(a)

All activities must be conducted within a totally enclosed building.

(b)

Drainage from inside the building(s) shall feed into a sanitary sewer system. No dry well or septic tank will be permitted in connection with this use.

(c)

All of the area, yard, building coverage and height requirements of the respective zone and other applicable requirements of this chapter must be met.

(d)

All water must be recycled.

(e)

Car washes as accessory uses to service stations are limited to one bay.

(2)

Hotels and motels.

(a)

Hotels only are permitted as a conditional use in the OVCC, OVC and CVC District.

(b)

Any hotel or motel that may be constructed on a lot or parcel of land must contain a minimum of at least 25 units of accommodation, exclusive of a permanent, on-site superintendent's living quarters. The minimum number of units of accommodation in any single building shall be 10.

(c)

Each unit of accommodation shall contain a minimum floor area of 250 square feet. Ceilings shall be a minimum of eight feet in height.

(d)

Each unit of accommodation shall include a minimum of two rooms, a bedroom and a separate bathroom.

(e)

There shall be a residency limitation on all guests of 30 days maximum. The foregoing residency limitation shall not apply to an employee living on the premises.

(f)

All of the area, yard, building coverage and height requirements of the respective zone and other applicable requirements of this chapter must be met.

(3)

Public utility uses.

(a)

For purposes of this chapter, the term "public utility uses" shall include such uses as telephone dial equipment centers, power substations and other public utility services.

(b)

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

(c)

The design of any building in connection with such facilities must conform to the general character of the area and not adversely affect the safe, comfortable enjoyment or property rights in the zone in which it is located.

(d)

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

(e)

Sufficient landscaping, including shrubs, trees and lawns, shall be provided and shall be periodically maintained. Within the Pinelands Area, the requirements of Section 185-54 shall apply.

(f)

Adequate off-street parking shall be provided.

(g)

All of the area, yard, building coverage and height requirements of the respective zone and other applicable requirements of this chapter must be met.

(4)

Service stations.

(a)

The minimum lot size for service stations shall be 20,000 square feet, and the minimum frontage shall be 150 feet.

(b)

No service station shall be located within 500 feet of any firehouse, school, playground, church, hospital, public building or institution.

(c)

All appliance, pits, storage areas and trash facilities, other than gasoline filling pumps or air pumps, shall be within a building. Gasoline filling pumps and air pumps shall be permitted within the required front yard space of service stations but shall be no closer than 50 feet to any future street line. All lubrication, repair or similar activities shall be performed in a fully enclosed building, and no dismantled parts shall be displayed outside of an enclosed building.

(d)

No junked motor vehicle or part thereof or motor vehicles incapable of normal operation upon the highway shall be permitted on the premises of any service station. It shall be deemed prima facie evidence of violation of this chapter if more than three motor vehicles incapable of operation are located at any one time upon any premises not within a closed and roofed building; excepting, however, that a number not exceeding six motor vehicles may be located upon any service station premises outside of a closed or roofed building for a period of time not to exceed seven days, and provided that the owners of said motor vehicles are awaiting their repair or disposition.

(e)

Landscaping shall be provided in the front yard area equal to at least 25% of the front yard area, and such landscaping shall be reasonably distributed throughout the entire front yard area.

(f)

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

(g)

No parking shall be permitted on unpaved areas.

(5)

Restaurants serving alcoholic beverages.

(a)

Restaurants serving alcoholic beverages shall have a minimum lot area of five acres.

(b)

On-premises alcoholic beverage services will be limited to restaurant establishments serving food. Restaurants may have an ancillary bar area, but only in conjunction with the restaurant as a place for restaurant patrons waiting for a table. No stand-alone or bar-only operations are permitted.

(c)

There shall be a minimum of 45 dining room seats.

(d)

The bar area shall contain no more than 30% of the number of seats in the dining area.

(e)

All refrigeration/generation equipment shall be contained within the building.

(f)

There shall be a specified area for collection of trash and recycling. The area shall be suitably enclosed. There shall be separate collection areas for trash and separate recycling areas for glass and plastic, cardboard and paper, and oil and grease.

(g)

There shall be a specified exterior "wash down" or "cleanup area" for the cleaning of floor mats, furniture, etc.

(h)

Each restaurant shall provide one truck berth, for loading and unloading, adjacent to the restaurant and in addition to parking areas. The truck berth shall be fourteen feet wide by sixty feet (14' x 60') long.

(i)

Each restaurant shall provide parking for patrons at a ratio of one parking space for every three seats in the restaurant, including both dining area and bar seats. Each restaurant shall also provide employee parking at a ratio of one parking space for every 10 seats.

(j)

Trash pickup/removal shall occur a minimum of two times per week.

(k)

No part of any on-site waste disposal system shall be placed in the buffer areas of the restaurant.

(6)

Improved and primitive campgrounds.

(a)

All provisions stipulated in the applicable ordinances (Chapter 75 of the Code of the Township of Dennis) shall be met.

(b)

All provisions of Chapter XI, Campgrounds, of the New Jersey State Sanitary Code, as amended shall prevail.

(c)

Site plan approval by the Planning Board shall be required prior to the issuance of a building permit or prior to the issuance of a certificate of occupancy should a building permit not be required. Prior to site plan approval, all necessary and appropriate permits from the State Department of Health and the State Department of Environmental Protection shall be furnished to the township.

(7)

Residential health care facilities.

(a)

For purposes of this chapter, the following terms shall have the meanings indicated:

RESIDENTIAL HEALTH CARE FACILITIES

Facilities occupied by the elderly that provide rooms, meals, personal care and health monitoring services under the supervision of a professional nurse and that may provide other services, such as recreational, social and cultural activities, financial services and transportation. Rooms and baths may be either private or shared. Residential health care facilities may be independent, but are often developed in conjunction with long-term, bed-care facilities. Additional definitions include:

[1]

Intermediate-care facilities. "Intermediate—care facilities" are such facilities which provide, on a regular basis, health-related care and services to individuals who do not require the degree of care and treatment which a hospital or skilled nursing facility is designated to provide, but who, because of their mental or physical condition, require care and services, above the level of room and board, which can be made available to them only through institutional facilities such as these.

[2]

Long-term-care facilities. "Long-term-care" facilities shall be deemed to include governmental medical institutions, extended-care facilities, skilled nursing homes and infirmary units of homes for the aged.

(b)

Only those uses licensed by the State of New Jersey shall be permitted.

(c)

In all zones, the conditional uses shall remain the same being minimum tract size shall be 20 acres with a maximum of six beds per acre, and the minimum frontage shall be 350 feet, which shall be on an arterial road as designated in the Township Master Plan.

(d)

Building coverage shall not exceed 20% of the tract area, and building height shall not exceed four stories and 40 feet.

(e)

Parking shall be provided at the minimum ratio of 1.25 spaces per bed.

(f)

Site plan approval by the Planning Board shall be required prior to the issuance of a building permit. Certification that all state requirements have been met shall be furnished to the township prior to granting site plan approval.

(8)

Day care centers.Owner operated day care center, adult or child, or preschool or nursery school as a conditional use, there must be a principal owner occupied single family residence on the property and all of the following conditions are met:

(a)

The maximum number of students is five.

(b)

There is an onsite circular drive aisle for drop off and pick up.

(c)

The outside play area is completely fenced.

(9)

Schools. All schools shall be a conditional use in an appropriate zone provided that they meet all requirements of the New Jersey Department of Education and/or any other state, county or federal regulatory agency provided their having jurisdiction over the same.

(10)

Inns.

(a)

Inns shall contain no more than 25 units of accommodation, exclusive of a permanent, on-site superintendent's living quarters.

(b)

Ceilings shall be a minimum of eight feet in height for each unit of accommodation.

(c)

There shall be a residency limitation on all guests of 30 days maximum. The forgoing residency limitation shall not apply to an employee living on the premises.

(d)

All of the area, yard, building coverage and height requirements of the respective zone shall be met.

(11)

Hotels with a conference center.

(a)

Hotels shall have a conference center facility with a minimum of 25,000 square feet of meeting room, business center and/or banquet room space.

(b)

Hotels with a conference center shall also provide a restaurant, pool and/or other recreational facilities.

(12)

Retail with drive-through facilities.

(a)

Drive-through facilities shall be located in the rear or side yard; no drive-through facilities are permitted in the front yard.

(13)

Financial services with drive-through facilities.

(a)

Drive-through facilities shall be located in the rear or side yard; no drive-through facilities are permitted in the front yard.

(14)

Bed and breakfasts.

(a)

Bed and breakfast facilities shall be owner-occupied.

(b)

There shall be a maximum of five rooms for rent.

(c)

Facilities shall provide a minimum of 300 square feet of common area for guests (i.e. living room, lounge, dining room, etc.).

(d)

Bed and breakfast facilities shall provide one off-street parking space per rented room; plus one parking space for each employee.

(15)

Outdoor recreation facilities.

(a)

Outdoor recreation facilities shall be limited to miniature golf, driving range, waterslides, tennis courts, batting and basketball cages.

(16)

Liquor stores.

(a)

Liquor stores shall either be separate establishments or in conjunction with a supermarket. Where in conjunction with a supermarket, at least 1,000 square feet shall be devoted to the sales of liquor.

(b)

There shall be no outside storage of any type.

(c)

All cooling, refrigeration and generation equipment shall be contained within the building area.

(17)

Assisted living facilities.

(a)

Yard and bulk requirements for assisted living facilities shall be as follows:

Minimum lot area	4 acres
Minimum lot width	275 feet
Minimum lot depth	250 feet
Maximum impervious coverage	60%
Maximum building coverage	35%
Maximum building height	30 feet
Maximum front yard	25 feet
Minimum side yard	50 feet
Minimum rear yard setback	50 feet
Minimum building setbacks to tract boundary	50 feet
Maximum density	5 dwelling units per acre
Affordable housing units	A minimum of 20% of the housing units shall be affordable to low and moderate income households
Minimum open space:	25% percent
Minimum parking setback from tract boundaries	35 feet
Minimum landscape buffer	35 feet

(b)

The tract shall have direct access to either an arterial or collector road.

(c)

The tract must be located within an area proposed for a privately constructed and maintained community wastewater treatment facility. The sewage and water capacity provided shall be sufficient to accommodate the uses as approved by the Planning Board.

(d)

Permitted accessory uses. The following accessory uses shall be permitted in conjunction with an assisted living residence as a principal use:

[1]

Linen service facilities.

[2]

Nursing services.

[3]

Housekeeping services.

[4]

Beautician services.

[5]

Meeting and social rooms.

[6]

Snack bars/ice cream parlors.

[7]

Medical offices for visiting doctors.

[8]

Indoor and outdoor recreation facilities.

[9]

Health care administrative and management facilities.

(e)

Parking requirements.

[1]

A minimum of 1/2 space per each assisted living residential care suites plus one space per employee for the largest employee shift.

[2]

No parking or standing shall be permitted in the required front yard except for emergency vehicles, drop-off/pick-up areas and visitor parking spaces.

[3]

Required parking spaces may be provided by any combination of enclosed or open spaces but in no event shall the parking facilities be more than 150 feet from the building that they are intended to serve.

[4]

The arrangement and location of internal roads, garages and parking areas shall be subject to the approval of the Planning Board and shall be designed to insure safe and adequate circulation for senior citizen residents and their guests.

(f)

Design standards.

[1]

The minimum size of a single occupancy residential unit, including bathroom, shall be 280 square feet.

[2]

The development shall be restricted to the effect that no unit shall be occupied by more than two persons. At least 50% of all units shall be restricted to occupancy by one person.

[3]

Each development shall have an architectural theme designed to be attractive and compatible with surrounding land uses. All buildings shall be designed in accordance with the architectural guidelines contained in Section 185-32.3. Architectural elevations and typical floor plans shall be submitted to the Planning Board for its review and approval as part of a submitted site plan application.

[4]

An all-season landscape buffer shall be provided around the perimeter of the site, which shall be composed of 75% evergreens. This landscaped buffer shall include a mixture of shade trees, evergreens, ornamental trees and understory shrubs planted in a staggered fashion. At the time of installation, shade trees shall be a minimum three inch caliper, evergreens shall be a minimum eight feet in height, ornamental trees shall be a minimum of 10 feet in height and understory shrubs shall be a minimum of 36 inches in height.

(g)

Assisted living residence shall include the following:

[1]

Outdoor recreational facilities such as shuffleboard courts, bocce courts or putting greens;

[2]

Indoor recreation facilities with a minimum area of 500 square feet (for movies, board games etc.);

[3]

Physical therapy facilities with a minimum area of 200 square feet;

[4]

Library with a minimum area of 200 square feet;

[5]

Congregate dining facilities with the minimum area of 3.33 square feet per person based upon the maximum number of permitted residents of the facility;

[6]

Health care facilities and services including but not limited to security facilities, administrative offices, personal care services, storage and maintenance facilities used only to provide administrative services for the assisted living residence;

[7]

Gift shops/convenience shops with personal hygiene aids, sundries and reading materials;

[8]

Laundry rooms (one for each 30 units with a minimum of one per floor);

[9]

A chapel with a minimum area of 250 square feet;

[10]

An indoor exercise area with a minimum area of 400 square feet;

[11]

Food preparation and congregate dining facilities;

[12]

Linen service and housekeeping facilities;

[13]

Barber shop and beauty parlor (optional);

[14]

Other uses as customarily associated with and subordinate to the principal permitted use; however, all support facilities, functions and services shall be designed and available only for the use and benefit of resident users of the assisted living residence and their guests.

(h)

Architectural standards for assisted living residences must be consistent with the ultimate purpose of achieving independent, self-reliant and pleasant living arrangements for senior citizens and physically disabled persons and should take into account the desires and needs of older persons for privacy and participation in social and community activities. Provisions should be made to accommodate the limitations that sometimes accompany advanced years and disabilities so the independent living can be sustained. Such provisions shall include but not be limited to the following:

[1]

Ramps shall be provided leading to all structures.

[2]

Grab bars shall be provided besides toilets, and bathtubs or shower stalls.

[3]

Dwelling units shall be designed and constructed so as to be free of architectural barriers, which should prohibit or limit access to or utilization of the dwelling units by physically handicapped or disabled individuals.

[4]

The use of stairways shall be minimized.

[5]

Trash and recycling facilities shall be provided in accordance with Section 185-40.

(18)

Golf course and related auxiliary facilities.

(a)

Golf courses shall meet the following bulk standards:

[1]

Minimum lot size: 50 acres

[2]

Minimum lot frontage and width: 600 feet

[3]

Minimum lot depth: 1,000 feet

[4]

Minimum front, side (each) and rear yard setbacks: 200 feet

[5]

Maximum coverage, principal building: 1.0%

(b)

Accessory buildings shall meet the following bulk standards:

[1]

Minimum side (each) and rear yard setbacks: 50 feet

[2]

Minimum distance to principal building: 50 feet

[3]

Maximum coverage, accessory buildings: 0.5%

(c)

Permitted accessory uses. The following uses shall be permitted in conjunction with a golf course facility as a principal use:

[1]

Club house, which may include banquet facilities, exercise/fitness facilities and/or offices.

[2]

Golf lodge, which is a facility that provides transient sleeping accommodations with all rooms having access to an interior hallway; the facility provides other ancillary uses, such as a restaurant, fitness facilities, etc.

[3]

Restaurant and banquet facilities.

[4]

Maintenance buildings.

[5]

Pro shop.

[6]

Cart storage buildings.

[7]

Restroom buildings.

[8]

Refreshment stands.

[9]

Driving range.

[10]

Practice putting green.

[11]

Swimming pool.

[12]

Tennis courts.

(19)

Center residential clusters.

(a)

The purpose of this section is to provide a method of developing residential dwellings which will preserve desirable open spaces, conservation areas and floodplains by permitting the reduction of lot sizes and certain other regulations hereinafter stated without increasing the number of lots in the total area to be developed. Center residential cluster development is permitted as a conditional use in the CVR and OVCR Districts.

(b)

All center residential cluster developments shall meet the following requirements:

[1]

Center residential cluster development shall have a privately constructed and maintained wastewater treatment facility.

[2]

The minimum size of a tract of land proposed for development under the cluster development provisions of this section shall be five acres, including the areas of existing streets and water areas within the tract boundary lines, provided that they total no more than 5% of the tract area.

[3]

Total residential units permitted shall be calculated by subtracting 10% of the site area as an allowance for streets and multiplying the remaining land by two.

[4]

Area and yard requirements for residential units developed as part of a center residential cluster development shall follow the bulk standards for the respective zone the tract lies within. However, a minimum of 40% of the tract shall be permanent, deed-restricted open space.

[5]

A cluster subdivision plan shall be submitted to the Board.

[6]

All land area not included in lots and not utilized for street rights-of-way shall be delineated on the plat submitted to the Board and shall be offered to the township.

[7]

All lands not accepted by the township shall be owned and maintained by a homeowners' association. In any case, all streets within the development shall be dedicated to the township; however, the township shall not be responsible for the maintenance of said streets until officially accepting their dedication.

[8]

The lands offered to the township shall be subject to review by the Board, which, in its review and evaluation of the suitability of such land, shall be guided by the Master Plan of the township, by the ability to assemble and relate such lands to an overall plan and by the accessibility and potential utility of such lands. The Board may request an opinion from other public agencies or individuals as to the advisability of the township's accepting any lands to be offered to the township.

[9]

Every parcel of land offered to and accepted by the township shall be conveyed to the township by deed at the time final plan approval is granted by the township. The deed shall contain such restrictions as may reasonably be required by the Board to effectuate the provisions of this chapter pertaining to the use of such areas. Should the subdivision consist of a number of development stages, the Board may require that acreage proportionate in size to the stage being considered for final approval be donated to the township simultaneously with the granting of final subdivision approval for the particular stage even though these lands may be located in a different section of the overall development.

(c)

A homeowners' association, established for the purpose of owning and maintaining common lands and facilities, including conservation, open space, floodplain, recreation and park areas and other lands which would otherwise be dedicated to the township, shall be in accordance with the following provisions:

[1]

Membership in any created homeowners' association by all property owners shall be mandatory. Such required membership in any created homeowners' association and the responsibilities upon the members shall be in writing between the association and the individual in the form of a covenant, with each member agreeing to his liability for his pro rata share of the association's costs and providing that the township shall be a party beneficiary to such covenant, entitled to enforce its provisions.

[2]

Executed deeds shall be tendered to the township simultaneously with the granting of final subdivision approval, stating that the prescribed use(s) of the lands in the common ownership shall be absolute and not subject to reversion for possible future development.

[3]

The homeowners' association shall be responsible for liability insurance, municipal taxes, maintenance of land and any facilities that may be erected on any land deeded to the homeowners' association and shall hold the township harmless from any liability.

[4]

The assessment levied by the homeowners' association may become a lien on the private properties in the development. The duly created homeowners' association shall be allowed to adjust the assessment to meet changing needs, and any deeded lands may be sold, donated or in any other way conveyed to the township for public purposes only.

[5]

The homeowners' association initially created by the developer shall clearly describe in its bylaws the rights and obligations of any homeowner and tenant in the center residential cluster development, along with the covenant and model deeds and the Articles of Incorporation of the association, prior to the granting of final approval by the township.

[6]

Part of the development proposals submitted to and approved by the township shall be provisions to ensure that control of the homeowners' association will be transferred to the individual lot owners in the development based on a percentage of the dwelling units sold and/or occupied, together with assurances in the bylaws that the homeowners' association shall have the maintenance responsibilities for all lands to which it holds title.

[7]

No certificate of occupancy shall be issued for any building or part thereof until all streets, drainage, parking facilities and water and sewer facilities servicing said structure are properly completed and functioning.

(20)

Mixed-use buildings with residential units.

(a)

No residential units shall be located on the ground floor.

(b)

Mixed-use buildings shall provide off-street parking for both the residential use, based on New Jersey Residential Site Improvement Standards, and nonresidential use, based on the standards contained in Section 185-38.

(c)

A maximum of two units per acre shall be permitted.

(21)

Home businesses.

(a)

The principal use shall be a single-family residence with anon-site resident operating a business on the property.

(b)

The home business shall not exceed 50% of the first floor area of the dwelling or shall be accommodated within one accessory structure.

(c)

There shall be no permanent outside storage or display, however, temporary outside display shall be permitted. Displays shall not be permitted outside overnight.

(d)

Home businesses shall be limited to the following types of uses:

[1]

Antique shops.

[2]

Craft shops, where crafts are made on the premises.

[3]

Artists' studios.

[4]

Book and music shops.

[5]

Cafes.

[6]

Professional offices, such as an accountant, engineer, etc.

(e)

Home business uses shall provide off-street parking for both the residential use, based on New Jersey Residential Site Improvement Standards, and the home business use, which shall provide one parking space per 200 square feet of business floor area.

(f)

Signage is permitted for home businesses within both the VC and VR Districts, which may consist of either a wall sign or hanging sign in accordance with the standards in Section 185-43.

(22)

Small wind energy systems and solar energy systems.

(a)

The primary purpose of a wind or solar energy system will be to provide power for the principal use of the property whereon said system is to be located and shall not be for the generation of power for commercial purposes, although this provision shall not be interpreted to prohibit the sale of excess power generated from time to time from a wind or solar energy system designed to meet the energy needs of the principal use. For the purposes of this section, the sale of excess power shall be limited so that in no event an energy system is generating more energy for sale than what is otherwise necessary to power the principal use on the property.

(b)

Wind and solar energy systems shall only be permitted as an accessory use on the same lot as the principal use.

(c)

All applications for wind energy systems shall be presented to the Plan Review Committee for review for completion and compliance with the section.

(d)

Minor site plan approval will be required before a permit for a wind energy system can be issued by the Zoning Officer.

(e)

Small wind energy systems.

[1]

Wind turbines are permitted in all residential, agricultural, forest and preservation districts subject to the following requirements:

[a]

Wind turbines shall not be permitted in any front yard.

[b]

Minimum setbacks: All wind turbines shall be set back from all property lines a distance equal to 100% of the height of the structure including the blades.

[c]

Maximum height. Freestanding wind turbines shall not exceed a height of 150 feet. The maximum height shall include the height of the blades at its highest point.

[d]

No more than one wind turbine shall be permitted per property.

[e]

Wind turbines shall not be permitted as rooftop installation.

[f]

Wind turbines on residential property shall have a nameplate capacity of 10 kilowatts or less.

[2]

Wind turbines shall be permitted in a nonresidential zoning district subject to the bulk requirements for that district and the following:

[a]

The maximum height for a wind turbine shall not exceed 150 feet, including the height of the blades at its highest point.

[b]

Minimum setbacks: All wind turbines shall be set back from all property lines a distance equal to 100% of the height of the structure including the blades.

[c]

Wind turbines shall not be permitted in a front yard.

[d]

No more than one wind turbine shall be permitted per property.

[e]

Wind turbines shall not be permitted as a rooftop installation.

[3]

Noise: All wind energy systems shall comply with the following:

[a]

Between a residential use or zone sound levels of the wind energy system shall not exceed 50 dBA at the closest neighboring, occupied structure.

[b]

In all other cases at a common property line sound levels of the wind energy system shall not exceed 65 dBA. These levels may be exceeded during short-term events, such as utility outages and/or severe windstorms.

[c]

Wind turbines shall be designed with an automatic brake or other similar device to prevent over-speeding and excessive pressure on the lower structure.

[d]

Wind energy systems shall not be artificially lighted, except to the extent required by the FAA or other applicable authority.

[e]

All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.

[4]

The tower shall be designed and installed so as not to provide step bolts, a ladder, or other publicly accessible means of climbing the tower, for a minimum height of eight feet above the ground.

[5]

All moving parts of the wind energy system shall be a minimum of 20 feet above ground level.

[6]

The blades on the wind energy system shall be constructed of a corrosive resistant material.

[7]

All guy wires or any part of the wind energy system shall be located on the same lot as the energy system.

[8]

No wind energy system shall be painted with any type of paint that will reflect sunlight on or toward adjoining properties.

(f)

Solar energy systems.

[1]

Solar panels shall be permitted as a rooftop installation in any zoning district. In no event shall the placement of the solar panels result in a total height including building and panels than what is permitted in the zoning district which they are located for the principal building.

[2]

Solar panels shall be permitted as ground arrays in accordance with the following:

[a]

All ground arrays shall be set back a distance of 20 feet from all property lines in a residential zoning district or in conformance with the bulk standards for accessory structures in commercial districts as provided herein.

[b]

Ground arrays shall not be permitted within a required front yard setback.

[c]

Ground arrays shall be located so that any glare is directed away from an adjoining property.

[d]

Ground arrays shall not exceed a height of 15 feet.

(g)

Wind and solar energy systems shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the system. In no case shall any identification be visible from a property line.

(h)

The design of wind or solar energy systems shall, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend the facility into the natural setting and existing environment.

(i)

All applications for a wind or solar energy system shall conform to the provisions of Section 185-54 with respect to tree removal. Any trees to be removed in excess of that permitted under the exemptions of the tree removal and protection ordinance shall be accompanied by a plan demonstrating the need to remove the trees and replacement of the trees in accordance with the provisions of Section 185-54 of the chapter. An applicant shall locate a wind or solar energy system so that tree removal is not required to the extent practical.

(j)

The installation of a wind or solar energy system shall conform to the National Electric Code as adopted by the New Jersey Department of Community Affairs.

(k)

The installation of a wind or solar energy system is subject to all Atlantic City Electric Company requirements for interconnection.

(l)

The maximum standards for building height set forth in Chapter 185 shall not apply to wind and solar energy systems with regard to height. Wind and solar energy systems shall conform to the height restrictions provided in this section.

(m)

Abandonment.

[1]

A small wind energy system or solar energy system that is out of service for a continuous 12 month period will be deemed to have been abandoned.

[2]

The Zoning Officer may issue a "Notice of Abandonment" to the owner. The notice shall be sent via regular and certified mail return receipt requested to the owner of record.

[3]

Any abandoned system shall be removed at the owner's sole expense within six months after the owner receives the "Notice of Abandonment" from the municipality. If the system is not removed within six months of receipt of notice from the township notifying the owner of such abandonment, the township may remove the system as set forth below.

[4]

When an owner of a wind or solar energy system has been notified to remove same and has not done so six months after receiving said notice, then the township may remove such system and place a lien upon the property for the cost of the removal. If removed by the owner, a demolition permit shall be obtained and the facility shall be removed. Upon removal, the site shall be cleaned, restored and revegetated to blend with the existing surrounding vegetation at the time of abandonment.

(23)

Cluster single-family residential development.

(a)

The purpose of this section is to provide a method of developing single-family detached dwellings which will preserve desirable open spaces, conservation area, floodplains, school sites, recreation and park areas and lands for other public purposes by permitting the reduction of lot sizes and certain other regulations hereinafter stated without increasing the number of lots in the total area to be developed. Cluster single-family development is permitted as a conditional use in the R-3 and R-10 Districts.

(b)

All cluster single-family residential developments shall meet the following requirements:

[1]

The minimum size of a tract of land proposed for development under the cluster development provisions of this chapter shall be 10 acres in the R-3 District or 20 acres in the R-10 District, including the areas of existing streets and water areas within the tract boundary lines, provided that they total no more than 5% of the tract area.

[2]

Total lots permitted shall be calculated by subtracting 15% of the site area as an allowance for streets and dividing the remaining land by three acres in the R-3 Districts and by 10 acres in the R-10 District.

[3]

Area and yard requirements for lots developed as part of a cluster single-family residential development shall be as follows:

Requirement	Detached Dwellings in R-3 District	Detached Dwellings in R-10 District
Principal Building
Minimum lot area	40,000 sq.ft.	60,000 sq.ft.
Minimum lot frontage	100 ft.	125 ft.
Minimum lot width	100 ft.	125 ft.
Minimum lot depth	200 ft.	250 ft.
Minimum side yard, each	25 ft.	30 ft.
Minimum front yard	50 ft.	75 ft.
Minimum rear yard	50 ft.	75 ft.
Accessory Building
Minimum distance to side line	15 ft.	30 ft.
Minimum distance to rear line	15 ft.	20 ft.
Minimum distance to other building	20 ft.	30 ft.
Maximum coverage
Impervious	35%	25%
Principal building	20%	10%
Accessory building	2%	2%

[4]

All land area not included in lots and not utilized for street rights-of-way shall be delineated on the plat submitted to the Board and shall be offered to the township. A portion of this land area, such portion equivalent to a minimum of 20% of the total tract of land proposed for development, shall be specifically set aside for recreation or park areas, school sites or other public purposes and shall be designed in accordance with the requirements stipulated in Subsection D(23)(b)[5] below. All lands not accepted by the township shall be owned and maintained by a homeowners' association. In any case, all streets within the development shall be dedicated to the township; however, the township shall not be responsible for the maintenance of said streets until officially accepting their dedication.

[5]

At least 30% in the R-3 District and 70% in the R-10 District of the total tract of land proposed for development shall be specifically set aside for recreation or park areas, school sites or other public purposes and shall be designed as follows:

[a]

The minimum contiguous acreage of each parcel shall be one acre in the R-3 District and one and one-half (1.5) acres in the R-10 District.

[b]

Lands set aside for recreation purposes shall be improved by the developer, including equipment, walkways and landscaping, in order to qualify the lands for acceptance by the township.

[c]

All land areas shall be optimally related to the overall plan and design of the development and improved to best suit the purpose(s) for which intended.

[6]

[7]

[8]

[a]

[b]

[c]

[d]

[e]

The homeowners' association initially created by the developer shall clearly describe in its bylaws the rights and obligations of any homeowner and tenant in the cluster development, along with the covenant and model deeds and the Articles of Incorporation of the association, prior to the granting of final approval by the township.

[f]

[9]

(24)

Single-family detached dwellings in the PR, PF8 and PF25 Zones which are not clustered in accordance with Section 185-70.1, provided that:

(a)

The Planning Board finds that:

[1]

Clustering of the proposed dwellings would be inconsistent with the minimum environmental standards set forth at N.J.A.C. 7:50-6; or

[2]

Clustering of the proposed dwellings would disrupt the contiguity of the forest ecosystem to a greater degree than non-clustered development.

(b)

Minimum lot area requirements:

[1]

In the PR Zone: 5.0 acres.

[2]

In the PF8 Zone: 8.0 acres.

[3]

In the PF25 Zone: 25.0 acres.

(25)

Wireless telecommunication equipment and facilities on municipal property.

(a)

Terms and definitions. As used in this section, the following terms shall have the meanings indicated:

ANTENNA

Any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communications signals.

BACKHAUL NETWORK

Lines that connect a providers' towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.

CELLULAR ANTENNA

Antennas which are used for the transmission and reception of wave frequencies for the purposes of telephone, radio, paging and/or television communication and which are permitted as "conditional uses" in accordance with the specific zoning conditions and standards for their location and operation within this section. For the purposes of this section "cellular antennas," as referred to in the 1996 Federal Telecommunications Act, shall not be considered to be a public utility.

FAA

The Federal Aviation Administration.

FCC

The Federal Communications Commission.

PUBLIC VIEW

Visible from a public thoroughfare, public lands or buildings or navigable waterways.

TELECOMMUNICATIONS ACT

Federal Telecommunications Act of 1996 and amendments or modifications which may be made thereto.

TOWER

Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communications purposes, including self-supporting lattice towers, guy towers or monopole towers. The term includes radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, alternative tower structures and the like. The term includes the structure and any support thereto.

WIRELESS TELECOMMUNICATIONS EQUIPMENT COMPOUND

A fenced in area which houses any combination of wireless telecommunications structures, buildings, antennas, equipment, and/or towers.

WIRELESS TELECOMMUNICATIONS STRUCTURES, ANTENNAS, EQUIPMENT, AND/OR TOWERS

Buildings and/or structures and equipment for the delivery of wireless telecommunications, except for satellite dish antennas. Wireless telecommunications tower means a vertical structure used for wireless telecommunications antennas.

(b)

Conditional use. Notwithstanding anything in Chapter 185, Zoning Ordinances of the Township of Dennis to the contrary, the installation of wireless telecommunications structures, antennas, equipment and/or towers and their respective locations shall be a conditional use on all properties and facilities owned by the Township of Dennis regardless of zoning district designation. They are prohibited at all other locations.

(c)

Maximum height.

[1]

The maximum height of any proposed cellular antenna and any proposed new cellular tower shall be demonstrated by the applicant to be the minimum height necessary for the proposed installation to satisfactorily operate, but in no event in excess of the following standards for height, exclusive of lightning rods:

[a]

Single vendor: 120 feet.

[b]

Two vendors: 120 feet.

[c]

Three or more vendors: 120 feet.

[2]

All tower footings shall be designed to permit future extensions to a maximum height of 120 feet.

(d)

Area, setback and miscellaneous requirements.

[1]

If the proposed antennas will be attached to an existing tower or to an existing water tower or water stand pipe or other structure or building, no land area shall be required in addition to the land area upon which the existing structure or equipment is situated.

[2]

The land area required to accommodate all telecommunication antenna, structures and equipment shall be approved by the Planning Board with consideration given to existing site conditions and surrounding land uses and shall be subject to a lease agreement between the applicant and the Township of Dennis.

[3]

The proposed antennas and proposed supporting tower and ancillary building enclosing related electronic equipment shall be located on a lot size in accordance with the following standards:

[a]

The total enclosure, including the footprint, shall not be greater than 50 feet by 50 feet.

[b]

The setback from the footprint to the property boundaries shall adhere to the applicable zone standards.

[4]

Excepting for any access driveway into the property, any required landscaping and any underground utility lines reviewed and approved by the Planning Board as part of the site plan submission, no building, structure and/or disturbance of land shall be permitted:

[a]

Within a distance of 100 feet from the property line of any existing residence.

[b]

Within a distance closer than 2,500 feet from another tower.

[c]

Within a distance closer than 200 feet from a school property line.

[d]

All utilities serving the site shall be underground where reasonably practicable.

[e]

A wireless telecommunications equipment compound shall be unoccupied other than purposes of repair, maintenance and/or construction.

(e)

Visual compatibility requirements.

[1]

Wireless telecommunications antennas erected on existing buildings or structures, and wireless telecommunications compounds constructed in support of such antennas shall comply with the following requirements:

[a]

Antenna arrays mounted on such existing buildings or structures shall not extend beyond the overall height of any such building or structure by more than 10 feet.

[b]

Wireless telecommunications equipment compounds shall be enclosed within a fence at least six feet to eight feet in height as approved by the Township Engineer which shall include a locking security gate.

[c]

A wireless telecommunications equipment compound consisting of no more than 1,000 square feet may be erected in support of such antenna arrays provided:

It is situated behind existing structures, buildings or terrain features which shall shield the wireless telecommunications equipment compound from public view; or

ii.

When a location out of public view is not reasonably practicable, a landscape buffer shall be provided outside the fence around the wireless telecommunications equipment compound to screen the facility from public view.

iii.

Landscaping shall include native evergreen and deciduous trees at least eight feet high at the time of planting.

[d]

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

[e]

Where new wireless telecommunications towers or other antennas support structures are proposed, stealth designs where reasonably practicable shall be employed to camouflage their appearance, such as bell towers, silos, artificial trees and similar treatments. The degree and nature of such stealth designs shall depend upon the specifics of the site involved so as to provide the most appropriate designs under the circumstances presented.

(f)

Design standards.

[1]

Any proposed building enclosing related electronic equipment shall not be more than 12 feet in height nor more than 300 square feet in area and only one such building shall be permitted on the lot for each provider of cellular communications services located on the site.

[2]

Any proposed new tower shall be a monopole unless the applicant can demonstrate and the Planning Board agrees, that a different type pole is necessary for the co-location of additional antennas on the tower.

[3]

No antenna shall be located on any tower in order to provide noncellular telephone service; such service shall be provided via existing telephone lines if available to the site, or by the underground extension of telephone lines to the site if necessary.

[4]

All proposed antennas, any proposed new tower and any proposed building enclosing related electronic equipment shall be colored to best blend with the surroundings, including any site vistas.

[5]

Other than typical "warning," "emergency" and equipment information signs, no signs are permitted. Emergency signs shall be on plates attached to the tower or building and shall not exceed two square feet.

[6]

No lighting is permitted, except as follows, which shall be subject to review and approval by the Planning Board as part of the site plan application:

[a]

The building enclosing electronic equipment may have one light at the entrance of the building, provided that the light is attached to the building, is focused downward and is switched so that the light is turned on only when workers are at the building. This shall be exclusive of lights equipped with motion detectors. To the extent these requirements are inconsistent with BOCA requirements, the BOCA requirements shall apply; and

[b]

No lighting is permitted on a tower except lighting that is specifically as required by the FAA and any such required lighting shall be focused and shielded to the greatest extent possible so as not to project toward adjacent and nearby properties.

[7]

No cellular antenna and/or its related electronic equipment shall interfere with any public safety communications subject to FCC rules and regulations.

[8]

All equipment shall be designed and automated to the greatest extent possible in order to reduce the need for on-site maintenance and thereby minimize the need for vehicular trips to and from the site.

[9]

Minimal off-street parking shall be permitted as needed and as approved by the appropriate Board having jurisdiction.

[10]

All towers shall be designed with anti-climbing devises in order to prevent unauthorized access. Additionally, any tower supporting the cellular antennas and any building enclosing related electronic equipment shall be surrounded by a fence between six feet and eight feet in height. The fence shall be screened by a landscape buffer pursuant to Subsection D(25)(e).

[11]

Additional safety devices shall be permitted as needed and as approved by the appropriate Board having jurisdiction.

[12]

Between any existing or zoned residential property bordering the proposed lot and the location of any proposed new tower or any proposed building enclosing related electronic equipment, a landscaped buffer at least 20 feet deep shall be provided in accordance with the following:

[a]

The landscaped buffer shall consist of a combination of existing and/or newly planted evergreen and deciduous trees of sufficient density to screen the view of the tower and building from the surrounding properties to the maximum extent possible.

[b]

Any newly planted evergreen trees shall be at least eight feet high at time of planting and any newly planted deciduous trees shall be a minimum caliper of 2.5 inches at time of planting.

[13]

Towers and antennas shall meet the following requirements:

[a]

Towers shall be subject to any applicable standards of the FAA and, to the extent reasonably practicable, be painted a neutral color so as to reduce visual obtrusiveness.

[b]

At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening and landscaping that will blend them into the natural setting and surrounding buildings.

[c]

If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color such as sky blue that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as reasonably practicable.

[d]

The applicant shall submit a report from a qualified expert certifying that the wireless telecommunications antenna and equipment facility comply with the latest structural and wind-loading requirements as established by applicable building and electrical codes. The applicant shall provide a description of the number and type of antennas that may be accommodated and the effect on structural integrity.

(g)

Antenna modifications. Operators of wireless telecommunications towers shall provide to the Township of Dennis a report every three years from a licensed professional engineer certifying the structural integrity of the tower, together with all antennas mounted thereon and whether they remain in use, and that they meet applicable minimum safety requirements. Such report shall also be provided whenever antenna arrays are modified, and shall include a detail listing of all antennas and equipment so certified. Vendors shall also be required to notify the Township when the use of such antennas and equipment is discontinued. A satisfactory insurance company inspection report shall be deemed to meet the requirements of this section.

(h)

Co-location required. Authorization for the construction of a new wireless telecommunications tower shall be conditioned on agreement by the tower owner that other wireless telecommunication service providers will be permitted to co-locate on a proposed tower within the limits of structural and radio frequency engineering requirements and at rates which reflect a fair market price for such service. As part of the application for tower approval, the applicant shall document the extent to which additional equipment could be mounted on the tower, the extent to which the height of the tower could be increased and the type of equipment which could be accommodated.

(i)

Restoration provisions. The applicant shall provide a performance bond and/or other assurances satisfactory to the Planning Board in a form approved by the Township Attorney that will cause the antennas, the supporting tower, the ancillary building enclosing related electronic equipment and all other related improvements to the land to be removed at no cost to the Township, when the antennas are no longer operative. Any communication facility not used for its intended and approved purpose for a period of 12 months shall be considered no longer operative and abandoned and shall be removed by the applicant or their assigns within 60 days thereof. If the use of the tower is 10% or less of its maximum permitted capacity, it shall be considered no longer operative and therefore abandoned.

(j)

Applicability.

[1]

All new towers or antennas shall be subject to this article and to the jurisdiction of the Planning Board except as provided in Subsection D(25)(j)[3] hereinbelow.

[2]

Pre-existing towers and pre-existing antennas shall not be required to meet the requirements of this article, but shall be required to meet the requirements of all state and federal regulations on the subject including FCC, FAA and BOCA requirements. However, at time of submission of any application for site plan approval, such towers and antennas shall be brought into conformance with this section where reasonably practicable.

[3]

Expansion of existing antennas, structures, towers or wireless telecommunications equipment compounds shall require variance approval pursuant to N.J.S.A. 40:55D-70(d)(2).

(k)

Other requirements.

[1]

All antennas, structures, towers, or wireless telecommunications equipment compounds shall be insured with liability coverage a minimum of $1,000,000 with the Township named as co-insured. Evidence of such insurance coverage shall be submitted to the Township Attorney or his designee at the time of approval and each succeeding year by the anniversary date of the approval.

[2]

All other applicable requirements of this article contrary to the specific conditions and standards specified herein shall be met, but waivers and/or variances of all applicable requirements of this article may be granted by the Planning Board or Zoning Board of Adjustment.

Dennis Township City Zoning Code

ARTICLE VII

§ 185-71 Area requirements.

§ 185-72 Height limits.

§ 185-73 Conditional uses.

§ 185-74 Cape May Tributaries and Bays East Overlay Zone