Dennis Township City Zoning Code
ARTICLE VII
Exceptions and Modifications
§ 185-71 Area requirements.
Except as provided in Section 185-37 of this chapter, whenever title to two or more contiguous lots is held by the same owner, regardless of whether or not each of said lots may have been approved as portions of a subdivision or acquired by separate conveyance or by other operation of law, and one or more of said individual lots should, by reason of exceptional shallowness, topographic conditions, substandard area or yard space or similar measurement, not conform to the minimum lot area and dimensional requirements for the zone in which it is located, the contiguous lots of said owner shall be considered as a single lot, and the provisions of this chapter shall hold.
§ 185-72 Height limits.
[Amended 2-24-97 by Ord. No. 97-01]
Except for detached dwellings as permitted in this chapter, penthouses or roof structures for the housing of stairways, tanks, ventilation; fans, air-conditioning equipment or similar equipment required to operate and maintain the building, skylights, spires, cupolas, flagpoles, chimneys or similar structures may be erected above the height limits prescribed by this chapter, but in no case more than 25% more than the maximum height permitted for the use in the district, except that farm silos shall have no height restrictions. In the Pinelands Area, the height limits prescribed by this chapter shall not apply to the antenna and any supporting structure of a local communication facility of greater than 35 feet, provided that the standards set forth in N.J.A.C. 7:50-5.4(c) are met. All accessory uses are limited to a maximum height of 15 feet.
§ 185-73 Conditional uses.
A.
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.
C.
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).
D.
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.
[Added 1-12-1998 by Ord. No. 97-18; amended 9-18-2002 by Ord. No. 2002-05]
(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) RESIDENTIAL HEALTH CARE FACILITIES[1] [2]
For purposes of this chapter, the following terms shall have the meanings indicated:
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:
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.
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.
[Amended 8-25-1997 by Ord. No. 97-11]
(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:
[Amended 9-18-2002 by Ord. No. 2002-05]
(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.
[Amended 9-18-2002 by Ord. No. 2002-05]
(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.
(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.
(18)
Golf course and related auxiliary facilities.
(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.
(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.
(22)
Small wind energy systems and solar energy systems.
[Added 5-5-09 by Ord. No. 2009-01]
(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 in a front yard.
[c]
Ground arrays shall be located so that any glare is directed away from an adjourning 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]
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.
[7]
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.
[8]
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:
[a]
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.
[b]
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.
[c]
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.
[d]
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.
[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]
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.
[9]
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.
§ 185-74 Cape May Tributaries and Bays East Overlay Zone
A.
Purpose. The purpose of this section is to protect the water quality of the watersheds within the township and to comply with the established standards for Wastewater Management Plans in the State of New Jersey. Specifically, the state requires that municipalities adopt ordinances that address the carrying capacity of land.
B.
Background.
(1)
The quality and quantity of ground water available directly affects the health and welfare of the population because ground water is the primary source of potable water for a significant number of township residents.
(2)
Contamination of ground water by nitrates introduced by on-site disposal systems (i.e., septic systems) can result in a high concentration of nitrates.
(3)
Fertilization contributes to nitrate groundwater contamination.
(4)
Additional pollutants, such as chemicals, pesticides and animal waste can be introduced into the ground water.
(5)
Rainwater penetration of the aquifer is necessary to dilute groundwater contamination.
(6)
The New Jersey Department of Environmental Protection, and the Pinelands Commission promote and promulgate the use of Nitrate Dilution Models for land use purposes.
(7)
It is desirable and necessary to regulate development, processes and activities that threaten Dennis Township's groundwater.
(8)
The nitrate dilution subsection provides for a limitation on the nitrate loading based on the available dilution of each lot being subdivided that proposes the use of an onsite subsurface sewage disposal system.
C.
Applicability. Lands that are being considered for subdivision within the Cape May Bays and Tributaries East Overlay Zone, as identified in the Township Master Plan and reflected on the zoning map will require that the Planning and/or Zoning Board apply the site specific Nitrate Dilution Model to the proposed subdivision.
(1)
This article is not intended to regulate the development of existing individual lots.
(2)
Further, this article is not intended to modify the underlying zoning area requirements for individual lots; rather it is required to address the standards established by NJDEP for Wastewater Management. This section shall be considered an overlay to the existing underlying zone.
D.
The proposed on-site sewage disposal systems would continue to be required to be designed in accordance with "Standards for Individual Subsurface Sewage Disposal Systems" (N.J.A.C. 7:9A- Chapter 199) and continue to be under the jurisdiction of the Cape May County Health Department and NJDEP where applicable.
E.
Nitrate Dilution Model.
(1)
A nitrate dilution model and analysis shall be provided as part of subdivision approval applications requiring septic systems to ensure that the number of units allowed, regardless of underlying zoning, supports conformance with the groundwater standards when considering the available dilution on site. The goal of the analysis is to meet anti-degradation for groundwater for 2.0 mg/l.
(2)
If the designated minimum lot area for the zone cannot meet the standards established for septic disposal systems pursuant to N.J.A.C. 7:9A, then the minimum lot area shall be adjusted to a larger size and configuration as is necessary in order to meet said standards.
(3)
The Nitrate Dilution Analysis shall utilize NJDEP's Recharge-Based Nitrate-Dilution Model for New Jersey V6.0 (Hoffman, J.L. and Canace, R.J., 2004 A Recharge-Based Nitrate Dilution Model for New Jersey: N.J. Geological Survey Open-File Report 04-1, 27), as supplemented or amended, for residential subdivisions, and the Recharge-Based Nitrate-Dilution Model for Small Commercial Establishments in NJ V.2, as supplemented or amended, for commercial/institutional subdivisions, or another method that has received approval from the NJDEP.
F.
Requirements.
(1)
Any proposed subdivision to be served by individual on-site disposal systems (septic) within the Cape May Bays and Tributaries East Overlay Zone must meet the groundwater standard for nitrate (2 mg/l).
(2)
The design of the system and its discharge point, and the size of the entire contiguous parcel on which the system or systems is located will ensure that ground water exiting from the entire contiguous parcel or entering a surface body of water will not exceed 2.0 parts per million nitrate/nitrogen, calculated pursuant to a Recharge-Based Nitrate-Dilution Model for New Jersey V6.0, as may be amended from NJDEP from time to time. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development, but may not include previously dedicated road rights-of-way. Any contiguous parcel under consideration must be deed restricted to prohibit any further development that would generate additional nitrate loading.
(3)
Approval of all individual subsurface sewage disposal systems under N.J.A.C. 7:9A remain under the jurisdiction of the appropriate County Health Department and/or NJDEP.
G.
Administration. The administration of the section requirements must be handled by a combination of individuals. The Planning Board shall be responsible to track the number of systems and their acreages for compliance with the results of the individual model.
(1)
Application procedure - Planning Board. Whenever an application is submitted to the Planning Board for subdivision review and the proposed method of sewage disposal is an individual onsite system, the applicant shall submit an approval from NJDEP that each system meets the requirements for nitrate dilution. This application shall include the proposed use, the number of residential units. No application shall be deemed complete by the Planning Board unless an approval from NJDEP is received.