East Amwell Township
City Zoning Code
City Zoning Code
ARTICLE VII
Zoning Provisions
§ 92-82 Zoning districts.
The Township is divided into zoning districts as enumerated below and as shown on the Zoning Map.
§ 92-83 Zoning Map.
[Amended 8-20-1992 by Ord. No. 92-09; 7-8-1993 by Ord. No. 93-07; 7-14-1994 by Ord. No. 94-10; 3-25-1999 by Ord. No. 99-06]
The boundaries of zoning districts are established on the map entitled "East Amwell Township Zoning Map" dated March 1999, which accompanies and is made part of this chapter.[1]
[1]
Editor's Note: The Zoning Map is on file in the office of the Municipal Clerk.
§ 92-84 Interpretation of zoning district boundaries.
A.
Zoning district lines are intended to follow street center line, streams, and lot lines unless otherwise indicated by dimensions on the Zoning Map. Any disputed zoning district line shall be determined by the Planning Board.
[Amended 3-8-2018 by Ord. No. 18-02]
B.
If a zoning district line divides a lot, the use of one district may be extended into the other for a distance no greater than 50 feet, provided that the property line lies within 50 feet. The permitted uses of the extended district shall be permitted in the extended area.
C.
Where a street or public way serves as the zoning district line and it is lawfully vacated, the former center line shall be the zoning district line.
§ 92-85 Principal use.
[Amended 7-14-1994 by Ord. No. 94-10]
No lot shall have erected upon it a structure for more than one principal permitted use. No more than one principal building shall be permitted on one lot, except that shopping centers and office complexes, when permitted, may be permitted more than one building on a lot in accordance with an approved site plan where all buildings are sited to comply with all yard definitions. In addition, not more than three single-family homes may be erected on one tract, provided that the original tract is at least 50 acres, and each home is located so as to permit a subdivision of at least 10 acres for each lot conforming with or exceeding the flag lot requirements of this chapter.
§ 92-86 Prohibited uses.
[Amended 7-14-1994 by Ord. No. 94-10; 3-25-1999 by Ord. No. 99-06; 3-8-2001 by Ord. No. 01-02; 7-8-2021 by Ord. No. 21-16]
All uses not expressly permitted in this chapter are prohibited including, for example, junkyards and mining. In addition, without limiting the foregoing language, uses not specifically permitted under § 92-91B of this chapter are not permitted in the Amwell Valley Agricultural District. In general, nonfarm uses and activities that generate large amounts of traffic or noise, require substantial parking, or could impose a threat to agricultural soils and water supplies are inconsistent with the purposes of the Amwell Valley Agricultural District and are not permitted in it. Additionally the following uses shall be expressly prohibited: photoprocessing, dry cleaning, printing, furniture stripping and refinishing, auto painting and any other use and/or manufacturing involving the discharge of industrial wastes as defined in 33 USCA 1251 et seq., and all classes of cannabis establishments or cannabis distributors or cannabis delivery services as said terms are defined in Section 3 of P.L. 2021, c. 16, but not the delivery of cannabis items and related supplies by a delivery service.
§ 92-87 Existing uses and nonconforming uses, structures or lots.
A.
Any use, building or structure lawfully existing at the time of the enactment of this chapter may be continued even though such use, building or structure may not conform with this chapter. (See § 92-58.) Any nonconforming use or structure existing at the time of passage of the ordinance to which this chapter is an amendment, or any subsequent amendment thereto, may be continued upon the lot or in the structure so occupied, and any such structure may be restored or repaired in the event of partial destruction thereof. A prospective purchaser, prospective mortgagee or any other person interested in any land upon which a nonconforming use or structure exists may apply in writing for the issuance of a certificate certifying that the use or structure was in existence before the adoption of the ordinance which rendered the use or structure nonconforming and that said use or structure may continue as a lawful preexisting use pursuant to N.J.S.A. 40:55D-68. The applicant shall have the burden of proof. Within one year of the adoption of the ordinance which rendered such use or structure nonconforming, applications pursuant hereto shall be made to the Zoning Officer. After such one-year time period, application shall be made to the Planning Board. The administrative officer shall be entitled to demand and receive for such certificate a fee in accordance with § 92-20D(3)(h) hereof, which fee(s) shall be turned over to the municipality. Said administrative officer shall cause notice of the Zoning Officer's decision with regard to either approval or denial of the certification to be published in the municipality's official newspaper(s) designated for publication of land development notices within 10 days of the issuance of such certification or denial of same. The applicant shall pay for the cost of such publication. Any interested party affected by any decision of the Zoning Officer may appeal such decision to the Planning Board in accordance with N.J.S.A. 40:55D-72 within 20 days of publication of notice of decision.
[Amended 12-30-2002 by Ord. No. 02-22; 3-8-2018 by Ord. No. 18-02]
B.
Maintenance. Maintenance may be made to a nonconforming use, structure, or lot, provided that the maintenance work does not change the use, expand the building or the functional use of the building, increase the area of a lot used for a nonconforming purpose, or increase the nonconformity in any manner.
C.
Building additions - residential lots.
[Amended by 3-13-1997 by Ord. No. 97-04; 10-23-1997 by Ord. No. 97-29; 9-9-1999 by Ord. No. 99-20; 12-30-2002 by Ord. No. 02-22]
(1)
Any existing structure with a permitted use located on either a conforming size lot or nonconforming size lot created after 1964 may have additions to the principal building and/or additions to an accessory building without an appeal for a variance, provided that the total permitted lot coverage is not exceeded and no further encroachment into required setbacks or yard space is involved.
[Amended 9-25-2003 by Ord. No. 03-14]
(2)
Alternatively, a single-family dwelling, existing before 1964, located on either a conforming or nonconforming lot of less than 1.5 acres with less than 150 feet frontage may have a construction permit issued for an addition, provided that the permitted lot coverage is not exceeded. The required side yard setback may be reduced by a distance calculated by multiplying the required side yard distance by the ratio of the width of the lot at the existing dwelling's front surface to the required lot width; provided, however, that no side yard shall be reduced to less than 1/2 the distance otherwise required. The required rear yard setback may be reduced by a distance calculated by multiplying the required rear yard setback by the ratio of the depth of the property to the required lot depth; provided, however, that no rear yard setback shall be reduced to less than 1/2 the distance otherwise required. This section does not provide for reduction in the required front yard setback.
(3)
Notwithstanding the above, the extension of the front of any nonconforming residential dwelling existing before 1964, which extension is no closer to the front lot line than the existing front residential dwelling line, is permitted without an appeal for a variance so long as the extension does not violate any side yard or rear yard setback requirement of the district in which the subject parcel is located.
(4)
Additions to the rear of an existing dwelling, which additions and/or dwelling do not comply with the front yard setback requirement, may be permitted without an appeal for a variance, as long as the addition is no closer to the front lot line than the existing front yard setback nonconformity, and the addition does not violate any side or rear yard setback requirement.
(5)
Dormer or roof-raising additions to an existing nonconforming dwelling shall be permitted without an appeal for a variance, provided that the existing footprint of the dwelling is not expanded and the overall height of the roof is within the specified limits of the ordinance.
(6)
A new permitted accessory building may be built if it does not violate any setbacks of the district in which the subject parcel is located.
[Added 9-25-2003 by Ord. No. 03-14]
D.
Expansion of nonconforming uses. A nonconforming use may have the gross floor area expanded by not more than 25% of the gross floor area that existed June 1, 1979, except that such expansion shall only be permitted if the most restrictive yard requirements, building coverage and off-street parking requirements can be met for the use, or a similar use, as set forth in a district where the use is permitted.
E.
Restoration and repairs.
(1)
Any nonconforming structure or use which has been condemned or damaged by fire, explosion, flood, windstorm or act of God, shall be examined by the Construction Official. If in his opinion the value of repairing the condition is greater than 80% of the value of replacing the entire structure, it shall be considered completely destroyed and may be rebuilt to the original specifications only upon approval of a use variance.
(2)
Where the value of repairing the condition is determined to be less than 80% of the value of replacing the entire structure, the nonconforming structure or use may be rebuilt and used for the same purpose as before, provided that it does not exceed the height, area and bulk of the original structure. The reconstruction shall commence within 12 consecutive months of the date the building was damaged or condemned with the reconstruction carried out without interruption, otherwise the damaged structure shall not be rebuilt as a nonconforming use or building.
(3)
The percent damaged or condemned shall be the current replacement costs of the portion damaged or condemned computed as a percentage of the current replacement cost of the entire structure, neither to include the cost of the foundation unless the foundation is damaged or condemned.
F.
Subdivision of lots. An existing lot whose area and/or dimensions are sufficient to permit a subdivision, but where a structure exists on the lot with one or more setback violations, may nevertheless be subdivided without an appeal for a variance, provided that the subdivision itself does not create any new zoning violations and does not increase the severity of the existing setback violations such as moving the lot line even closer to the existing building.
G.
Any provisions of § 92-58 hereof to the contrary notwithstanding, any lot located in the Amwell Valley Agricultural District which was lawfully created before the effective date of this chapter and which has a lot area of at least 1 1/2 acres may be used for single-family dwelling purposes as a principal use (without the lot being deemed, for such purposes, to have merged with any adjoining land in the same ownership); any single-family dwelling or accessory structure to it thereon may be enlarged, and any single-family dwelling or accessory structure to it thereon which shall accidentally be destroyed may be replaced in the same location as it occupied on the lot immediately prior to said accidental destruction, and shall not constitute a nonconforming use or structure, provided that:
[Added 12-29-1998 by Ord. No. 98-28]
(1)
All regulations except the front, side and rear yard, maximum impervious surface and maximum height requirements generally prescribed for a single-family dwelling lot for the district by this chapter shall be complied with.
(2)
The lot shall have frontage along a public street or road at least equal to the minimum lot width prescribed under § 92-87G(3)(a) or (b) below, unless the lot was created pursuant to and complies with § 92-88C of this chapter (or any predecessor to that section contained in any prior ordinance of this Township regulating land use).
§ 92-88 Exceptions.
(See § 92-32.)
A.
Height.
[Amended 9-9-1999 by Ord. No. 99-20; 3-13-2003 by Ord. No. 03-02]
(1)
Roof structures such as elevators, tanks, ventilating fans, solar panels, air-conditioning equipment, fire or parapet walks, skylights, cupolas, chimneys, radio and TV towers or similar structures may be erected no more than 10 feet or 10% above the height limits of this chapter, whichever is shorter. No height limitation in this chapter shall apply to any of the following structures: spires and steeples on houses of worship, water towers, fire observation towers, electric transmission facilities and supporting structures, silos and other agricultural buildings, windmills, chimneys not exceeding three feet above the height of building structure and flagpoles not exceeding 10 feet above the height permitted in the specific zone.
(2)
Notwithstanding the foregoing, the height restrictions on wireless telecommunications towers, equipment and antennas shall be regulated by §§ 92-89D(9), 92-90D(9), 92-91C(7), 92-91D(6) and 92-97D, as the case may be.
C.
Flag lots. Where flag lots are permitted, the required frontage on an improved street may be reduced to not less than 30 feet measured perpendicularly to such strip, provided that:
(1)
The body of the lot, exclusive of the access strip connecting it to the public road, has an area and dimensions meeting the minimum requirements for the district in which it is located.
(2)
The center line of the access strip of the proposed lot shall intersect the street line at an angle between 75° and 90°, and the width of the access strip of the proposed lot shall be no less than 30 feet at any point throughout its course. The access strip shall be continuous and under the same ownership as the proposed lot.
[Amended 7-14-1994 by Ord. No. 94-10]
(3)
The intersection of the access strip with the public street shall be such that access to and from the public street, the improvement and use of the access strip along the full course of the access strip, and proper sight triangles, as well as the drainage and other site considerations, shall be provided in a manner not adversely affecting the remainder of the tract or adjoining properties.
(4)
The proposed subdivision does not adversely affect the development of the remainder of the parcel.
(5)
A flag lot stem may serve two abutting lots that otherwise have street frontage.
[Amended 7-14-1994 by Ord. No. 94-10]
(6)
No more than two access strips shall be contiguous. Additional strips shall be located no closer than 400 feet to other access strip measured along the street between the lot lines.
(7)
Any approved flag lot in any zone shall not be further subdivided for the purpose of creating new building lots. The Planning Board shall require deed restrictions on all approvals to enforce this provision.
[Amended 7-14-1994 by Ord. No. 94-10]
§ 92-89 Sourland Mountain District.
[Added 8-20-1992 by Ord. No. 92-09; amended 9-11-1997 by Ord. No. 97-20; 12-30-2002 by Ord. No. 02-22; 12-11-2003 by Ord. No. 03-20]
A.
Purpose.
(1)
The natural resources of the Sourland Mountain are of regional and state-wide significance and represent an important part of East Amwell Township's rural and community character. The convergence of critical features, including wetlands, large contiguous forests, limiting geology, characterized by low rates of recharge for bedrock aquifers and low yielding wells, and critical habitat for threatened and endangered species, points to the need for land use policies and regulations that promote sustainability and resource preservation. Critical public health and welfare concerns include protecting an adequate water supply and preventing contamination of drinking water by improperly treated septic effluent.
(2)
This zoning district is intended to recognize the general environmental frailty of the Sourland Mountain with its generally rugged terrain, rocky soils and limited access. Encompassing lands with an elevation between 240 feet and 540 feet above mean sea level, the Sourland Mountain District is underlain with hard rock formations having very limited water-bearing potential. Tributary streams originating in the Sourland Mountain District are headwaters to the Stony Brook, Back Brook and the Neshanic River. Wetlands on the ridge and significant areas of Palustrine wetlands on slope areas are watershed feeders. Steep slopes and high erosion potential are additional severe development constraints unique to the slopes adjacent to the ridge. Due to the natural limitations of this district and a desire to promote a sustainable human and wildlife habitat, minimum design standards and criteria are intended to protect natural and cultural resources and preserve the rural character of the Sourland Mountain.
(3)
The regulations for the Sourland Mountain District are also intended to promote the intent of the State Development and Redevelopment Plan, including:
C.
Accessory uses.
(2)
Home occupations associated with detached single-family dwellings, provided that all comply with the definition of a home occupation and provided, further, that any home occupation otherwise permitted by this chapter shall not be permitted in the Sourland Mountain District if the home occupation and dwelling unit combined generate a demand for water greater than the normal water demand for a detached single-family dwelling.
(3)
Wireless telecommunications antennas on existing structures, subject to site plan approval.
(4)
Minor solar or photovoltaic energy facilities or structures; provided, however, that in the case of a roof-mounted system, the photovoltaic solar panels and all necessary equipment shall not extend more than 12 inches above the edge of the roofline or above the highest point of the roof surface or structure, and provided further that ground-mounted systems shall comply with the requirements of § 92-101 of this chapter.
[Added 2-10-2011 by Ord. No. 11-02; amended 5-2-2011 by Ord. No. 11-07]
D.
Conditional uses shall be as follows:
(1)
Conversion of a single-family home or outbuilding, such as a barn, carriage house or similar structure, any of which shall have been in existence prior to June 21, 1963, to a secondary living unit; provided, however, that the following conditions are satisfied:
[Amended 10-13-2005 by Ord. No. 05-30[1]]
(a)
There is adequate water supply.
(b)
The septic disposal system has been approved by the Board of Health.
(c)
The minimum lot size shall be 30 acres.
(d)
The size of the additional living unit shall not exceed 800 square feet.
(e)
Any secondary residence contains not more than two bedrooms.
(f)
If the secondary unit is larger than 800 square feet or has more than two bedrooms, no further expansion shall be permitted.
[1]
Editor’s Note: See the editor's note following the history in the definition of "farm building" for the purpose of this ordinance.
(2)
Public utilities necessary for the service, convenience or welfare of the public, provided that an application is made by the public utility to the Planning Board for a determination that the service, convenience or welfare of the public is involved.
(3)
Firehouses and other municipal services.
(4)
Agricultural uses and farms, including all farm and agricultural activities, such as nurseries, small animal and livestock raising, provided that:
[Amended 10-13-2005 by Ord. No. 05-30[2]]
(a)
Such uses and cleared areas for farms shall be limited to existing cleared areas as shown on an aerial photograph prepared by the New Jersey Department of Environmental Protection and dated March 2002.
(b)
Woodland management activities conducted in order to qualify for farmland assessment shall not require approval by the Planning Board. Refer also to Chapter 129, Tree Harvesting, which prohibits clearcutting as a method for obtaining farmland assessment. A farm having farmland assessment as of December 11, 2003, and consisting of cropland harvested and/or cropland pastured and/or permanent pasture as documented on a properly filed FA-1 farmland assessment application, need not apply for conditional use approval, provided such use does not involve any additional clearing and does not exceed the maximum lot coverage as permitted according to § 92-89F.
(c)
Farm buildings, as defined in this chapter shall be situated on lots of at least 30 acres. However, on lots smaller than 30 acres, the Zoning Officer shall approve an accessory building which is 2,000 square feet or less, and such accessory building may be used for farm animals, at the landowner’s discretion, provided it does not require any additional clearing, it meets all setback requirements for a farm building and does not exceed the maximum lot coverage as permitted according to § 92-89F.
(d)
Any application for a change in land use from woodlot management to any other form of agriculture which requires clearing of trees shall be subject to conditional use approval by the Planning Board.
[2]
Editor’s Note: See the editor's note following the history in the definition of "farm building" for the purpose of this ordinance.
(5)
Wireless communication towers as principal or accessory uses, subject to site plan approval, and provided that the application complies with § 92-80 herein, and provided that the following further conditions are met:
(a)
An applicant to construct a wireless telecommunications tower shall present documentary evidence regarding the need for cellular antennas within the Township of East Amwell. This information shall identify the cellular network layout and coverage areas to demonstrate the need for such equipment within the Township.
(b)
An applicant proposing to erect a new wireless telecommunications tower shall provide documentary evidence that a legitimate attempt has been made to locate the antennas on existing building or structures. Such evidence shall include a radio frequency engineering analysis of the potential suitability of existing buildings or structures in the search area for such antennas. Efforts to secure such locations shall be documented through correspondence between the wireless telecommunications provider and the property owner of the existing buildings or structures. The Township reserves the right to engage a professional radio frequency engineer to review such documentation.
(c)
Applicants proposing to construct new wireless telecommunications towers shall document the locations of all existing telecommunications towers within East Amwell Township and surrounding areas with coverage in the Township and shall provide competent testimony by a radio frequency engineer regarding the suitability of potential locations in light of the design of the wireless telecommunications network. Where a suitable location on an existing tower is found to exist, but an applicant is unable to secure an agreement to collocate its equipment on such tower, the applicant shall provide written evidence of correspondence with the owner of such tower verifying that suitable space is not available on the existing tower(s).
(d)
When an applicant to construct a wireless telecommunications tower demonstrates to the satisfaction of the reviewing agency that suitable locations on existing buildings or structures either do not exist or are not available, the applicant may erect a new telecommunications tower suitably constructed and finished, according to the following requirements.
(e)
No wireless telecommunications towers shall be erected within 1,000 feet of any of the following:
(f)
Wireless telecommunications towers shall not be erected within 2,500 feet of any historic district or any historic site listed or designated as eligible for listing on the National and/or State Register of Historic Places.
E.
Area, yard and bulk regulations for Sourland Mountain. See Area, Yard and Bulk Regulations at the end of this chapter.
F.
Maximum lot coverage in the Sourland Mountain District shall be in accordance with the following table, based on lot area.
[Amneded 7-15-2004 by Ord. No. 04-15]
Lot Area | Maximum Lot Coverage Based on Lot Area | |
|---|---|---|
First 5 acres | 5% | |
Additional lot area up to 15 acres | 3% | |
Additional lot area over 15 acres | 1% |
G.
Maximum gross floor area for a principal dwelling in the Sourland Mountain District shall be in accordance with the following table, based on lot area.
Lot area | Maximum Gross Floor Area (see definition) | |
|---|---|---|
Up to 1 acre | 2,178 square feet | |
Over 1 acre but less than 5 acres | 2,178 square feet, plus 1 square foot per 100 square feet of lot area over 1 acre | |
5 acres and over but less than 10 acres | 3,920 square feet, plus 1 square foot per 150 square feet of lot area over 5 acres | |
10 acres and over up to 15 acres | 5,372 square feet, plus 1 square foot per 200 square feet of lot area over 10 acres | |
Additional lot area over 15 acres | 6,461 square feet, plus 1 square foot per 250 square feet of lot area over 15 acres |
(1)
These standards do not apply to a secondary residence, to barns, or other outbuildings.
(2)
When a lot in the Sourland Mountain District contains two dwelling units, the larger unit is the primary dwelling unit and shall conform to maximum gross floor area standards below.
I.
Design standards.
(1)
Forest management and forest preservation.
[Amended 10-13-2005 by Ord. No. 05-30[3]]
(a)
Clearing of forests, defined herein as the removal of all standing trees and/or understory, shall not exceed a cumulative total of 30,000 square feet of cleared area within the Sourland Mountain District, exclusive of driveways up to 10,000 square feet as measured to the edge of clearing, unless a variance is granted pursuant to N.J.S.A. 40:55d-70. Clearing for the driveway shall be minimized wherever possible; curving alignments may be used to retain mature trees and preserve the forest canopy. If the driveway requires more than 10,000 square feet of clearing, then the clearing around the dwelling shall be reduced by the amount that driveway clearing exceeds 10,000 square feet. However, nothing herein shall be construed to prevent property owners from removing dead trees, diseased trees, and/or non-native and/or invasive species of trees, shrubs and groundcovers, such as overgrowth of multiflora rose or poison ivy. Best management practices related to forest stewardship are encouraged.
(b)
When a lot has a cleared area greater than 30,000 square feet, it is not entitled to any additional clearing, except the minimum necessary to gain access to the pre-existing cleared area on the lot.
(c)
Prior to any tree removal related to new construction, all trees shall be flagged and areas to be cleared shall be identified for field inspection by the Township Engineer or other approved representative of the Township.
(d)
All clearing shall be limited to the area within 500 feet of the street line, when the lot abuts a street, unless the lot contains a cleared area that is situated farther than 500 feet from the street line, as documented on the May 2002 NJDEP aerial photograph. When such cleared area is situated farther than 500 feet from the street line, the construction of buildings and structures, as permitted by this chapter, shall be permitted within such cleared area, provided that any additional clearing is limited to the minimum necessary to gain access to the pre-existing cleared area on the lot.
[3]
Editor’s Note: See the editor's note following the definition of "farm building" for the purpose of this ordinance.
(2)
Tree conservation buffers.
(a)
A “tree conservation buffer,” as provided in this section, shall mean an area of undisturbed native vegetation wherein vegetation removal shall not be permitted except as set forth below.
[Amended 10-13-2005 by Ord. No. 05-30[4]]
[4]
Editor’s Note: See the editor's note following the definition of "farm building" for the purpose of this ordinance.
(b)
Applicability. In order to preserve existing trees and undisturbed vegetation, a tree conservation buffer, 100 feet wide adjacent to any road or public right-of-way, and 50 feet wide adjacent to any lot line, shall be provided around the perimeter of any tract proposed for subdivision. For all lots less than 15 acres, a tree conservation buffer shall be provided around the perimeter of any tract for a distance equaling the amount of the bulk setback requirements stated in Bulk standards for Grandfathered undersized lots in the Sourland Mountain District appearing after § 92-89K of the Code.
[5]
Editor’s Note: See the editor's note following the definition of "farm building" for the purpose of this ordinance.
(c)
Preservation of existing vegetation within the Tree Conservation Buffer. All native shrubs and ground cover shall be retained, and no healthy existing tree with a dbh (diameter at breast height) in excess of six inches shall be removed from the tree conservation buffer. Existing living trees shall be protected in accordance with the following requirements:
[1]
Tree protection measures and the limit of disturbance line shall be shown on the subdivision plan or plot plan for a new dwelling. Tree protection measures shall be provided in the field with snow fencing or other durable material and verified by the Township Engineer or other designated Township official prior to soil disturbance.
[2]
Protective barriers shall not be supported by the plants they are protecting, but shall be self-supporting. Barriers shall be minimum of four feet high and shall remain in place until construction is complete.
[3]
Chain link fencing may be required for tree protection at the discretion of the Township Engineer.
[4]
Snow fencing used for tree protection shall be firmly secured at or beyond the dripline (perimeter of tree canopy), but no less than six feet from the trunk.
[5]
The elevation of the land located within the dripline shall not be raised or lowered more than six inches unless compensated by welling or retaining wall methods. In no event shall welling or retaining wall methods extend less than six feet from the trunk of a tree.
[6]
No soil stockpiling or storage of building materials, construction equipment or vehicles shall be permitted within the dripline or within six feet of any remaining trees, whichever is greater.
[7]
Any clearing as shown on the approved plan within the dripline or within six feet of the trunk of a remaining tree, whichever is greater, shall be done by hand-operated equipment.
[8]
Although retention of dead trees may be healthy for the ecosystem, nothing in this section shall be construed to prevent the removal of dead trees, diseased trees, and/or non-native and/or invasive species of trees, shrubs and groundcovers.
[Added 10-13-2005 by Ord. No. 05-30[6]]
[6]
Editor’s Note: See the editor's note following the definition of "farm building" for the purpose of this ordinance.
[9]
Although lawns are discouraged in the Sourland Mountain District, nothing in this section shall be construed to require removal or replacement of existing lawn or landscaping, within the tree conservation buffer area, as documented on the May 2002 NJDEP aerial photograph, or lawns installed since that date but before October 13, 2005.
[Added 10-13-2005 by Ord. No. 05-30[7]]
[7]
Editor’s Note: See the editor's note following the definition of "farm building" for the purpose of this ordinance.
(d)
Conservation easement. Tree conservation buffers shall be placed in a conservation easement as defined in § 92-4. The conservation easement shall be subject to review and approved by the Township Engineer and Township Attorney and shall be recorded prior to the applicant recording any subdivision map or deed.
(e)
Nonconforming structures in a tree conservation buffer adjacent to a road right-of-way. Existing structures located within a tree conservation buffer adjacent to a road right-of-way as of December 11, 2003, may remain within the buffer, and additions or expansions to the nonconforming structure shall be permitted within the one-hundred-foot buffer adjacent to the road right-of-way, provided the addition or expansion of the existing structure is located no closer to the front lot line than the existing principal building setback or 50 feet, whichever is greater.
[Amended 10-13-2005 by Ord. No. 05-30[8]]
[8]
Editor’s Note: See the editor's note following the definition of "farm building" for the purpose of this ordinance.
(f)
Remediation. Any tree unlawfully removed shall be subject to a tree replacement requirement, where hardwood trees of a minimum one-and-one-half-inch caliper (eight to 10 feet high) are required to replace trees unlawfully removed at a two for one ratio. Any such tree replacement shall require the use of deer sleeves to permit survival of the trees, fall planting is favored and a two-year landscaping guarantee shall be required.
[Added 10-13-2005 by Ord. No. 05-30[9]]
[9]
Editor’s Note: See the editor's note following the definition of "farm building" for the purpose of this ordinance.
(3)
Recharge.
(a)
Any application for subdivision or construction of a dwelling unit on an existing vacant lot conforming to § 92-89G shall implement measures to mitigate reduced recharge following construction, including gutters connected to dry wells, swales, rain gardens or other features, to increase infiltration of precipitation, to the greatest extent practicable.
(4)
Lot suitability requirements.
(a)
Each new lot created under this section, including lands remaining, shall be arranged to permit a five-hundred-foot diameter circle to be inscribed within its lot lines.
(b)
Each new lot created under this section, including lands remaining, shall have a minimum of 22,500 contiguous square feet of unconstrained area within the five-hundred-foot diameter circle inscribed within its lot lines. Unconstrained areas include those free of wetlands and their transition areas, floodplains and slopes greater than 12%.
J.
Nonconforming lots. Any nonconforming lot in the Sourland Mountain District, which existed on December 11, 2003, that is five acres or more with a minimum of 250 feet of road frontage, or a flag lot of at least 10 acres with a minimum road frontage of 50 feet, may have a construction permit issued without an appeal to the Planning Board if the proposed building is situated at least 100 feet from any lot line, subject to meeting the requirements of § 92-58G(1)(a) through (f). Any interested property owner may apply in writing for issuance of a certificate certifying that the nonconforming lot was in existence on December 11, 2003, and may continue the lot as a preexisting lot pursuant to N.J.S.A. 40:55D-68 by following the procedures set forth on § 92-87. Construction of new dwellings and their accessory buildings on flag lots greater than 10 acres shall be located within an existing cleared area if one exists, or at the closest location to a conforming location nearest to the end of the flag stem where a building can reasonably be located if there is no preexisting clearing on the lot.
[10]
Editor’s Note: See the editor's note following the definition of "farm building" for the purpose of this ordinance.
K.
Grandfather clause for residences on undersized lots in the Sourland Mountain District. Any lot less than 15 acres in size may have a construction permit issued in accordance with the chart of bulk standards below without an appeal to the Planning Board for the residential uses detailed in Subsection K(1) and (2) below, provided that the requirements in the following table are met, the requirements in notes #2 and #4 of the Schedule of Area, Yard and Bulk Regulations for the Sourland Mountain District are met, and all Board of Health requirements are met.
(1)
Additions to a single-family detached dwelling which has previously been legally constructed on the lot and/or for a permitted accessory building; and
(2)
New construction of a single-family detached dwelling for which a variance has been approved.
Bulk Standards for Grandfathered Undersized Lots in the Sourland Mountain District | |||||
|---|---|---|---|---|---|
Size of Lot | |||||
Up to 1 1/2 Acres | Greater Than 1 1/2 Acres but Less Than 3 Acres | Greater Than or Equal to 3 Acres but Less Than 5 acres | Greater Than or Equal to 5 Acres but Less Than 15 acres | ||
All structures | |||||
Minimum distance to lot line | |||||
Side yard | 20 feet | 30 feet | 50 feet | 50 feet | |
Front yard | 50 feet | 50 feet | 75 feet | 100 feet | |
Rear yard | 40 feet | 50 feet | 50 feet | 50 feet | |
Maximum | |||||
Building height for single-family residence | 35 feet | 35 feet | 35 feet | 35 feet | |
Height for accessory structures | 20 feet | 20 feet | 20 feet | 20 feet | |
Lot coverage (square feet) | 4,000 plus 3.5% of excess over 0.5 acres | 5,540 plus 3.5% of excess over 1.5 acres | 7,840 plus 3.5% of excess over 3 acres | 10,890 plus 3.0% of excess over 5 acres | |
[11]
Editor's Note: This ordinance also stated its purpose as follows: The Sourland Mountain District Ordinance increased the minimum lot size from five acres to 15 acres in this zoning district in 2003. However, many lots in the SM District, with existing residences, currently have areas less than 15 acres. It is the intent of this ordinance to provide adjusted bulk requirements for these smaller residential lots, with existing residences, because the bulk requirements for a fifteen-acre lot are excessive. Thus, a chart with reduced setbacks, according to a sliding scale of lot sizes, up to fifteen-acre lots is being adopted. This revision affects only lots with existing residences, or those under-sized lots which have been granted a variance to construct a dwelling. There is no intention to grandfather all lots of any size in the SM District; only those lots meeting the requirements specified in § 92-89J and K. The Residential District, located on the western side of Route 202, currently has a 10% maximum lot coverage. Given the small size of these clustered lots, this percentage allows for substantially less square footage of coverage than the standards in other residential areas of the Township. There is no intention to alter setbacks lines; only the lot coverage requirements are being increased.
L.
Swimming pool filling requirements. In order to protect limited groundwater supply and individual wells, all swimming pools shall be filled with water imported by truck from a source outside the Sourland Mountain region. Proof of compliance shall be demonstrated by a dated bill of sale or receipt from the supplier, before the certificate of occupancy or certificate of approval is issued.
[Added 7-15-2004 by Ord. No. 04-15]
§ 92-90 (Reserved) [1]
[1]
Editor's Note: Former § 92-90, Stony Brook District, added 8-20-1992 by Ord. No. 92-09, as amended, was repealed 12-11-2003 by Ord. No. 03-20.
§ 92-91 Amwell Valley Agricultural District.
[Amended 8-14-1997 by Ord. No. 97-18; 9-11-1997 by Ord. No. 97-20; 9-11-1997 by Ord. No. 97-23; 3-11-1999 by Ord. No. 99-03; 3-25-1999 by Ord. No. 99-06; 9-13-2001 by Ord. No. 01-19]
A.
Purposes. The purposes of the Amwell Valley Agricultural District are:
(1)
To encourage land use patterns and development practices which enhance Township, county and state efforts to retain farmland and protect and preserve agricultural activity within the Township.
(2)
To protect and promote the continuation of farming in East Amwell Township where farming is a valuable component of the local economy.
(3)
To protect prime soils (SCS Classes I and II) and soils of state-wide importance (SCS Class III) for their long-term value as an essential natural resource in any agricultural or horticultural pursuit.
(4)
To permit limited nonfarm related residential development in a location and manner that will be consistent with the continuation of farming.
(5)
To support the preservation of existing farm operations and limit conflicts between agricultural and nonagricultural uses by encouraging the separation of residential development from active farms.
[Amended 9-9-1999 by Ord. No. 99-20]
(6)
To impose lot suitability requirements upon residential lots in order to accommodate individual well and septic disposal systems, which are required in the Amwell Valley Agricultural District.
(7)
To implement the goals of the Amended Master Plan for the Amwell Valley Agricultural District by protecting agricultural lands and promoting agriculture as a valuable component of the local economy.
(8)
To provide an affordable housing overlay option at fixed densities that will satisfy the Township's affordable housing obligation while also providing a diverse housing stock and investment in Ringoes Village. Inclusionary zoning overlays are provided on Block 11, Lots 4 and 37.02 (Ringoes Affordable Housing Inclusionary Overlay Zone) and Block 16.01, Lots 26 and 27 (Larison's Corner Affordable Housing Inclusionary Overlay Zone) and will be subject to the densities and affordable housing set-asides prescribed below.
[Added 10-11-2018 by Ord. No. 18-20; amended 10-10-2019 by Ord. No. 19-20]
B.
Permitted principal uses shall be as follows:
(1)
Detached, single-family dwelling.
(2)
Agricultural uses and farms.
(3)
Public parks.
[Amended 9-11-1999 by Ord. No. 99-20]
(8)
Wireless telecommunications antennas on existing structures, subject to minor site plan approval.
[Added 9-11-1999 by Ord. No. 99-20; amended 12-30-2002 by Ord. No. 02-22]
(10)
Affordable housing development through inclusionary residential development on Block 11, Lots 4 and 37.02 (Ringoes Affordable Housing Inclusionary Overlay Zone) and Block 16.01, Lots 26 and 27 (Larison's Corner Affordable Housing Inclusionary Overlay Zone) in the form of townhouses, duplexes or multi-family housing, such as garden apartments, in accordance with the density and set-aside standards identified at § 92-91H(4) and 92-91H(5).
[Added 10-11-2018 by Ord. No. 18-20; amended 10-10-2019 by Ord. No. 19-20]
C.
Accessory uses shall be as follows:
(1)
Off-street parking and loading.
(2)
Farm stand.
(3)
Windmills and similar devices that convert renewable wind energy into usable energy sources.
[Amended 2-10-2011 by Ord. No. 11-02]
(4)
All farm and agricultural uses.
[Amended 9-11-1999 by Ord. No. 99-20]
(5)
Home occupations, provided that all comply with the definition of a "home occupation."
(6)
Private recreational uses such as swimming pools and tennis courts, provided that they are used only for the residence and are an ancillary use to the principal use.
(7)
Wireless telecommunications antennas on existing structures, subject to minor site plan approval.
[Added 9-11-1999 by Ord. No. 99-20; amended 12-30-2002 by Ord. No. 02-22]
(8)
Microbreweries.
[Added 9-11-1999 by Ord. No. 99-20]
(9)
Minor solar or photovoltaic energy facilities or structures; provided, however, that in the case of a roof-mounted system, the photovoltaic solar panels and all necessary equipment shall not extend more than 12 inches above the edge of the roofline or above the highest point of the roof surface or structure, and provided further that ground-mounted systems shall comply with the requirements of § 92-101 of this chapter.
[Added 2-10-2011 by Ord. No. 11-02; amended 5-2-2011 by Ord. No. 11-07]
D.
Conditional uses shall be as follow:
(1)
Conversion of a single-family home or outbuilding, such as a barn, carriage house or similar structure, any of which shall have been in existence prior to June 21, 1963, to a secondary or tertiary dwelling unit; provided, however, that the following conditions are satisfied:
(a)
There is adequate water supply as approved by the Board of Health.
(b)
The septic disposal system has been approved by the Board of Health.
(c)
The minimum lot size shall be 10 acres for a lot containing a primary and a secondary dwelling unit and 20 acres for a lot containing up to three dwelling units.
(d)
The size of the additional dwelling unit shall not exceed 800 square feet of living area.
(e)
Any secondary or tertiary dwelling unit shall contain not more than two bedrooms.
(2)
Public utilities necessary for service, convenience or welfare of the public, provided that application is made by the public utility to the Planning Board of East Amwell Township for a determination that the service, convenience or welfare of the public is involved.
(3)
School for instruction as accredited by the New Jersey Department of Education, firehouses, houses of worship and municipal functions.
[Amended 3-13-2003 by Ord. No. 03-02]
(4)
Veterinary hospitals.
(5)
Housing facilities for farm workers employed on the farm where such housing facilities are located, provided that:
(a)
Minimum size of the farm shall be 20 acres.
(b)
Such housing facilities shall only be occupied during the period of time when workers are engaged in agricultural activities.
(c)
Such facilities shall comply with all existing statutes, law, rules and regulations of the Federal Government and State of New Jersey concerning migrant housing.
(d)
Such facilities shall comply with all applicable rules and regulations governing provision of water supply and sanitary waste disposal facilities.
(e)
Such housing shall be set back at least 200 feet from any public street and at least 150 feet from any property line.
(f)
Such facilities shall be removed or converted to other permitted accessory or conditional uses upon the cessation of any farm operation.
(g)
Such housing for farm workers shall not be permitted on a farm parcel which also has a secondary or secondary and tertiary dwelling.
(6)
Wireless telecommunications antennas on existing structures, subject to minor site plan approval, and provided that the application complies with § 92-80 herein, and provided that the following further conditions are met:
[Added 9-11-1999 by Ord. No. 99-20; amended 12-30-2002 by Ord. No. 02-22]
(a)
An applicant to construct a wireless telecommunications tower shall present documentary evidence regarding the need for cellular antennas within the Township of East Amwell. This information shall identify the cellular network layout and coverage areas to demonstrate the need for such equipment within the Township.
(b)
An applicant proposing to erect a new wireless telecommunications tower shall provide documentary evidence that a legitimate attempt has been made to locate the antennas on existing building or structures. Such evidence shall include a radio frequency engineering analysis of the potential suitability of existing buildings or structures in the search area for such antennas. Efforts to secure such locations shall be documented through correspondence between the wireless telecommunications provider and the property owner of the existing buildings or structures. The Township reserves the right to engage a professional radio frequency engineer to review such documentation.
(c)
Applicants proposing to construct new wireless telecommunications towers shall document the locations of all existing telecommunications towers in East Amwell Township and surrounding areas with coverage in the Township and shall provide competent testimony by a radio frequency engineer regarding the suitability of potential locations in light of the design of the wireless telecommunications network. Where a suitable location on an existing tower is found to exist, but an applicant is unable to secure an agreement to collocate its equipment on such tower, the applicant shall provide written evidence of correspondence with the owner of such tower verifying that suitable space is not available on the existing tower(s).
(d)
When an applicant to construct a wireless telecommunications tower demonstrates to the satisfaction of the reviewing agency that suitable locations on existing buildings or structures either do not exist or are not available, the applicant may erect a new telecommunications tower according to the following requirements:
(e)
No wireless telecommunications towers shall be erected within 1,000 feet of any of the following:
(f)
Wireless telecommunications towers shall not be erected within 2,500 feet of any historic district or any historic site listed or designated as eligible for listing on the National and/or State Register of Historic Places.
(7)
Major solar or photovoltaic energy facilities or structures in accordance with § 92-100.
[Added 2-10-2011 by Ord. No. 11-02]
(8)
Golf course, subject to the following conditions:
[Added 6-13-2019 by Ord. No. 19-08; amended 11-12-2020 by Ord. No. 20-18]
(a)
The tract on which the golf course is to be constructed shall comprise at least 300 gross acres for 18 holes.
(b)
The length of the golf course shall be not less than 7,000 yards.
(c)
No portion of any golf tee, fairway or green shall be located closer than 150 feet to any tract boundary or public road right-of-way, except that cart paths may be located no closer than 100 feet to such boundaries or roads.
(d)
There shall be a direct driveway access to the golf course, over the tract, from a state or county road.
(e)
Gasoline-powered golf carts shall be prohibited on any golf course.
(f)
In no event shall there be more than 250 people on the property at any one time; if additional persons will be present, permission from the Township Committee shall be required.
F.
Area, yard and bulk regulations.[3]
[3]
Editor's Note: The Area, Yard and Bulk Regulations Schedule for the Amwell Valley Agricultural District is included as an attachment to this chapter.
G.
Buffers. Any residential lot created by a subdivision, pursuant to § 92-91I(2) of this chapter, shall have a buffer located on the residential lot line adjacent to lands that are deed-restricted for agricultural purposes. Such buffer area shall be restricted as follows: There shall be a board or split-rail fence installed and maintained by the lot owner just inside the residential lot line, and no new tree shall be planted within 25 feet of such lot line.
H.
Land development options.
(1)
Conventional zoning. Zoning permitted as a matter of right in the Amwell Valley Agricultural District. Requirements shall be as follows:
(2)
Permitted zoning options. The following additional zoning options are permitted in Amwell Valley Agricultural District and are encouraged to be utilized in lieu of conventional zoning:
(a)
Lot-size averaging option. This option or zoning alternative is provided to promote larger parcels for agricultural uses and to encourage and promote flexibility, economy and environmental soundness in subdivision layout and design. Requirements shall be as follows:
[1]
Minimum residential lot area shall be 1 1/2 acres.
[2]
Maximum dwelling unit density shall be 0.1 unit/acre.
[3]
Each lot created by the subdivision shall satisfy lot suitability requirements.
[4]
All lots created under this subdivision option shall be deed-restricted against further subdivision.
[5]
The applicant is strongly encouraged to submit a concept plan of the lot-size averaging plan to the Planning Board for review and comment in accordance with § 92-91H(3) of this chapter.
[6]
The design of the development utilizing this option shall foster the following objectives: retention of large contiguous farmland areas; stream corridor and wetlands preservation; steep slope protection; overall site design; reduction of impervious coverage; reduction of the amount of nonpoint source pollution entering the surface and ground waters; traffic circulation; and the site's natural features, topography and relationship to open lands on neighboring parcels.
[Amended 11-8-2007 by Ord. No. 07-16[4]]
[4]
Editor's Note: See the editor's note following the definition of "BMP Manual" for the purpose of this ordinance.
(b)
Open lands ratio zoning. This option or zoning alternative is intended to promote retention of large farm tracts and the aggregation of smaller farm parcels through the granting of density incentives to those who qualify and submit to requirements set forth below. It is also intended to encourage and promote flexibility, economy and environmental soundness in subdivision layout and design. Requirements shall be as follows:
[Amended 12-9-1999 by Ord. No. 99-25]
[1]
At least 75% of tract shall be designated as "open lands" and shall, as a condition of approval of the development, be deed restricted for agricultural use in accordance with the requirements of § 92-91J of this chapter. Lots qualifying as open lands shall be permitted a primary residence and other accessory buildings and conditional uses as provided in this chapter.
[2]
At least 65% of designated open lands shall be unconstrained land area and prime soils (SCS Classes I and II) or soils of statement importance (SCS Class III); provided that no portion of any stormwater management system, as defined by N.J.A.C. 7:8, or easement encompassing a stormwater management system, or any portion of any septic or other wastewater disposal areas, none of which are appropriate for agricultural activities, shall be included as unconstrained land area.
[Amended 2-26-2009 by Ord. No. 09-01]
[3]
Minimum residential lot area shall be 1 1/2 acres for the non-open lands residential lots created by the subdivision.
[4]
Minimum open lands lot area shall be 10 acres.
[5]
Maximum residential dwelling unit density shall be 0.15 unit per acre for the entire tract.
[6]
Residential lots created under the open lands option shall satisfy lot suitability requirements.
[7]
For tracts of 100 acres or less, the open lands shall be contained in one deed-restricted contiguous parcel; for tracts of larger than 100 acres, the open lands may be composed of noncontiguous parcels, provided that each open lands area shall contain at least 50 contiguous acres.
[8]
All lots created under this subdivision option shall be deed restricted against further subdivision.
[9]
The applicant is strongly encouraged to submit a concept plan of the open lands subdivision plan to the Planning Board for review and comment in accordance with § 92-91H(3) of this chapter;
[10]
The design of the development utilizing this option shall foster the following objectives: retention of large contiguous farmland areas; stream corridor and wetlands preservation; steep slope protection; overall site design; reduction of impervious coverage; reduction of the amount of nonpoint source pollution entering the surface and ground waters; traffic circulation; and the site's natural features, topography and relationship to open lands on neighboring parcels.
[Amended 11-8-2007 by Ord. No. 07-16[5]]
[5]
Editor's Note: See the editor's note following the definition of "BMP Manual" for the purpose of this ordinance.
[11]
An exception area not to exceed two acres shall be identified on the open lands lot, upon which shall be located any dwelling unit(s), the primary and reserve septic disposal fields, and any other buildings or structures not used for agricultural purposes. The exception area and access driveway, which shall be located in a manner consistent with best agricultural practices and reflecting on-site environmental and topographic conditions, shall be included as "open lands" in calculating the portion of the tract required as open lands pursuant to § 92-92H(2)(b)[1] above.
[Amended 2-26-2009 by Ord. No. 09-01]
(3)
Concept plan review. At the request of a developer, the approving authority shall grant a concept review of a plan for which the developer intends to submit a formal application for development.
(a)
Procedure.
[1]
The developer shall not be required to submit any application fees for such concept review; however, no professional review(s) shall be undertaken unless the developer agrees to pay for said review(s) and files the escrow fees specified for concept plan review in this chapter.
[2]
The developer shall not be bound by any plan for which concept review is requested, and the approving authority shall not be bound by any such review. However, concept plan review is strongly encouraged for all subdivisions to minimize unnecessary engineering expenses.
[3]
A developer desiring to have a concept plan reviewed by the approving authority shall so notify the administrative officer at least three weeks prior to a regularly scheduled meeting of the approving authority at which the concept review is requested. The administrative officer shall thereafter notify the developer of the time and place which has been scheduled by the approving authority for concept review.
(b)
Concept plan required details. The following information shall be provided for concept plan review:
[1]
A plan at a scale of not less than one inch equals 100 feet clearly and legibly drawn.
[2]
A key map at a scale of not less than one inch equals 800 feet showing the entire development and its relation to surrounding areas.
[3]
Existing structures and uses.
[4]
Existing and proposed street and lot layout in conformance with ordinance bulk standards, showing that portion proposed for development in relation to the entire tract.
[5]
Area of original tract.
[6]
Zoning district and North arrow.
[7]
Block and lot number for the tract.
[8]
Basic intent for water and sewage treatment.
[9]
Proposed access points and parking areas.
[10]
Existing topography and contours based on United States Geological Survey data unless a local survey is available in which case contours should be shown with a maximum contour interval of two feet where slopes are not greater than 10% and a maximum contour interval of five feet where slopes are greater than 10%.
[11]
Natural resources and features, such as forested areas, wetlands, major rock outcropping, lakes, ponds, streams, drainage ditches, impoundments and watercourses, shall be shown.
[12]
Soil mapping and interpretations based on the USDA Soil Survey for Hunterdon County.
[13]
Location of flood hazard areas and floodways.
[14]
Existing easements, deed restrictions and covenants.
[15]
A written summary of how the concept plan meets the goals and objectives of the East Amwell Township Master Plan.
[16]
Certification that the applicant is the owner of the land or the owner's duly authorized agent, or that the owner has given his consent under an option agreement or a contract to purchase.
(4)
Ringoes Affordable Housing Inclusionary Overlay Zone development standards for Block 11, Lots 4 and 37.02.
[Added 10-11-2018 by Ord. No. 18-20; amended 10-10-2019 by Ord. No. 19-20]
(a)
The required minimum residential densities and affordable housing set asides shall be as follows:
[1]
Townhouse or for-sale development: six dwelling units per acre with a 20% affordable housing set-aside; and/or
[2]
Multifamily rental housing, such as garden apartments: six dwelling units per acre with a 16% affordable housing set-aside.
[3]
Townhouse and multifamily at the prescribed densities and set-asides identified above may be mixed on single parcel of land.
(b)
The following tract requirements shall apply:
[1]
Minimum lot area (tract): 10 acres.
[2]
Minimum lot width (tract): 100 feet.
[3]
Minimum lot depth (tract): 125 feet.
[4]
Minimum front yard setback (tract)i: 150 feet.
[5]
Minimum side yard setback (tract)i: 100 feet.
[6]
Minimum rear yard setback (tract)i: 100 feet.
[7]
Maximum lot coverage: 40%.
[8]
Maximum building height: 35 feet/2 1/2 stories.
[9]
Building to building: 15 feet.ii
[10]
Minimum open space areaiii: 15% of tract area.
Footnotes:
i. Patios, decks, and fences may be located within required building setbacks.
ii. Covered porches or decks shall be permitted within 10 feet of a building.
iii. Open space shall be arranged as common area situated between and among buildings from a central location within the development.
(e)
Water and wastewater service: The developer shall provide water and sewer service (or alternative wastewater treatment facilities).
(f)
Nonresidential development shall not be permitted.
(g)
Affordable housing development shall comply with the standards and requirements for inclusionary zoning set forth in Chapter 43, Article II, Affordable Housing Regulations and the applicable provisions of N.J.A.C. 5:93-1, et seq., as amended and supplemented, N.J.A.C. 5:80-26.1, et seq., as amended and supplemented, and the New Jersey Fair Housing Act of 1985.
(h)
The Township shall retain a qualified administrative agent to be responsible to affirmatively market, administer, and certify the occupants of each affordable unit, with all administrative costs to be paid by the developer.
(5)
Larison's Corner Affordable Housing Inclusionary Overlay Zone development standards for Block 16.01, Lots 26 and 27.
[Added 10-10-2019 by Ord. No. 19-20]
(a)
The required minimum residential densities and affordable housing set asides shall conform to the memorandum of understanding outlined in the Court-approved settlement agreement with Fair Share Housing Center dated February 27, 2018, as follows:
[1]
Multifamily rental housing, such as garden apartments: six dwelling units per acre with a 16% affordable housing rental unit set-aside; and/or
[2]
Townhouse or for-sale development: six dwelling units per acre with a 20% affordable housing set-aside.
[3]
The development shall consist of 181 total units with 29 affordable rental units. If the development yields 181 units or fewer, the affordable housing set-aside shall be 16% and the affordable units shall all be family rental units. If the development yields more than 181 units, 16% of the first 181 units shall be set aside as affordable family rental units. For all units in excess of 181 units, the set-aside may be either 16% of the affordable units are for rent or 20% if the affordable units are for sale, or a combination thereof.
[4]
Townhouse and multifamily at the prescribed densities and set-asides identified above may be mixed on single parcel of land.
(b)
The following tract requirements shall apply:
[1]
Minimum lot area (tract): 10 acres.
[2]
Minimum lot width (tract): 100 feet.
[3]
Minimum lot depth (tract): 125 feet.
[4]
Minimum front yard setback (tract)i: 150 feet.
[5]
Minimum side yard setback (tract)i: 100 feet.
[6]
Minimum rear yard setback (tract)i: 100 feet.
[7]
Maximum lot coverage: 40%.
[8]
Maximum building height: 35 feet/2 1/2 stories.
[9]
Building to building: 15 feetii.
[10]
Minimum open space areaiii: 15% of tract area.
Footnotes:
i. Patios, decks, and fences may be located within required building setbacks.
ii. Covered porches or decks shall be permitted within 10 feet of a building
iii. Open space shall be arranged as common area situated between and among buildings from a central location within the development.
(e)
Water and wastewater service: The developer shall provide water and sewer service (or alternative wastewater treatment facilities).
(f)
Nonresidential development shall not be permitted.
(g)
Affordable housing development shall comply with the standards and requirements for inclusionary zoning set forth in Chapter 43, Article II, Affordable Housing Regulations and the applicable provisions of N.J.A.C. 5:93-1, et seq., as amended and supplemented, N.J.A.C. 5:80-26.1, et seq., as amended and supplemented, and the New Jersey Fair Housing Act of 1985.
(h)
The Township shall retain a qualified administrative agent to be responsible to affirmatively market, administer, and certify the occupants of each affordable unit, with all administrative costs to be paid by the developer.
(i)
The property may be developed without an affordable housing set aside requirement pursuant to the prior settlement agreement reached between the Township and Thompson Properties which provided for:
[1]
Six residential building lots on Lot 27 accessed from Dutch Lane.
[2]
Four residential building lot on Lot 26 accessed from Dutch Lane.
[3]
Four separate office buildings on Lot 26 accessed from Route 202/31 with each building not to be larger than 16,000 square feet for a total of 64,000 square feet.
I.
Grandfathered undersized lots. (Also refer to § 92-58G and I.)
[Amended 12-30-2002 by Ord. No. 02-22]
(1)
Any lot located in the Amwell Valley Agricultural Zoning District which was lawfully created before the effective date of this chapter creating the Amwell Valley Agricultural Zoning District and which has a lot area of at least five acres, used as a farm, may contain a farm building, located on such lot in accordance with requirements for the zoning district in which it is located; any farm building on such lot may be enlarged, and any farm building thereon which shall accidentally be destroyed may be replaced in the same location as it occupied on the lot immediately prior to said accidental destruction, and shall not constitute a nonconforming structure.
(2)
Any lot located in the Amwell Valley Agricultural Zoning District which was lawfully created before the effective date of this chapter creating the Amwell Valley Agricultural Zoning District and which has a lot area of less than 10 acres but of at least 1 1/2 acres may be used for one single-family dwelling as a principal use (without such lot being deemed to have merged with any adjoining land in the same ownership). Any single-family dwelling or accessory structure on such lot may be enlarged, and any single-family dwelling or accessory structure thereon which shall accidentally be destroyed may be replaced in the same location as it occupied on the lot immediately prior to said accidental destruction, and shall not constitute a nonconforming use or structure, provided that the following shall apply:
(a)
The lot width has been duly approved by formal action of an approving authority.
(b)
Minimum front yard setback shall be 75 feet.
(c)
Minimum rear yard setback shall be 50 feet.
(d)
Maximum building height shall be 35 feet.
(e)
Minimum side yard setback shall be 50 feet for lots at least 3 acres and up to 10 acres in area and shall be 30 feet for lots at least 1 1/2 and up to three acres.
(3)
Any lot in the Amwell Valley Agricultural Zoning District, which is less than 1 1/2 acres in size, upon which a single-family detached dwelling has been constructed, or which is vacant and otherwise grandfathered under this chapter, or for which a variance has been approved for construction of a single-family dwelling, may have a construction permit issued for a new dwelling and/or additions to the principal building, or for a permitted accessory structure without an appeal to the Planning Board, provided that the following requirements are met:
Up to 1/2 acre | More than or equal to 1/2 acre to less than 1 acre | More than or equal to 1 acre to less than 1.5 acres | |||
|---|---|---|---|---|---|
Principal building minimum | |||||
Lot frontage | 50 feet | 50 feet | 50 feet | ||
Side yard | 15 feet | 20 feet | 30 feet | ||
Front yard | 25 feet | 50 feet | 75 feet | ||
Rear yard | 30 feet | 40 feet | 50 feet | ||
Accessory building, minimum distance to | |||||
Side line | 10 feet | 15 feet | 20 feet | ||
Rear line | 10 feet | 15 feet | 20 feet | ||
Other building | 10 feet | 15 feet | 20 feet | ||
Maximum | |||||
Building height | 35 feet | 35 feet | 35 feet | ||
Building coverage of principal building | 20% | 15% | 10% | ||
Lot coverage | 40% | 30% | 20% | ||
[6]
Editor's Note: This ordinance also stated as follows: "Lot owners in the Amwell Valley Agricultural District who own less than 1 1/2 acres of property are restricted in the residential uses they can enjoy on their lots because there is no provision for alternative bulk requirements; all AVAD lots must conform to the bulk requirements for ten-acre lot size. These property owners should have bulk requirements appropriate for the smaller lot size, so they do not need to pursue a variance application for every alteration, addition or construction on their lots. This ordinance is not intended to change the existing grandfathering provisions; however, it does cover bulk requirements for all lots which are under 1.5 acres in area with current residences, those which are now grandfathered, or those which may be approved for construction in the future."
J.
Agricultural deed restriction. For purposes of complying with the requirements of this chapter, any requirement imposing an agricultural deed restriction or a deed restriction for agricultural purposes or uses means that the landowner shall deed restrict his/her land in accordance with the following requirements:
(1)
The deed restriction is in perpetuity and binds the landowner, and his/her heirs, personal representatives, successors, and assigns.
(2)
Only agricultural use and production is permitted on the deed-restricted lands. Agricultural use shall mean the use of deed-restricted lands for common farmsite activities, including but not limited to production, harvesting, storage, grading, packaging, processing and the wholesale and retail marketing of crops, plants, animals and other related commodities and the use and application of techniques and methods of soil preparation and management, fertilization, weed, disease and pest control, disposal of farm waste, irrigation, drainage and water management and grazing.
(3)
All nonagricultural uses, if any, existing on this deed-restricted land may be continued and any structure may be restored or repaired in the event of partial destruction thereof, subject to the following:
(a)
No new structures or the expansion of preexisting structures for nonagricultural use are permitted;
(b)
No change of the preexisting nonagricultural use is permitted;
(c)
No expansion of the preexisting nonagricultural use is permitted; and
(d)
In the event that the preexisting nonagricultural use is abandoned, its use is extinguished.
(4)
No sand, gravel, loam, rock other minerals shall be deposited on or removed from the deed-restricted lands, except only those materials required for the agricultural purposes for which it is used.
(5)
No dumping or placing of trash or waste materials shall be permitted on the deed-restricted lands.
(6)
No activity shall be permitted on the deed-restricted lands which would be detrimental to drainage, flood control, water conservation, erosion control, or soil conservation, nor shall any other activity be permitted which would be detrimental to the continued agricultural use of the deed-restricted lands.
(7)
A landowner may use the deed-restricted lands to derive income from certain recreational activities, such as hunting, fishing, cross-country skiing and ecological tours, only if such activities do not interfere with the actual use of the deed-restricted lands for agricultural production and that the activities only utilize the deed-restricted lands in its existing condition.
(8)
A landowner may use, maintain and improve existing buildings on the deed-restricted lands for agricultural, residential and recreational uses subject to the following conditions:
(a)
Improvements to agricultural buildings shall be consistent with agricultural uses;
(b)
Improvements to residential buildings shall be consistent with agricultural or single-family and extended-family residential uses. Improvements to residential buildings for the purpose of housing agricultural labor are permitted only if the housed agricultural labor is employed on the deed-restricted lands; and
(c)
Improvements to recreational buildings shall be consistent with agricultural or recreational uses.
(9)
A landowner may construct any new buildings for agricultural purposes. The construction of any new buildings for residential use, regardless of its purpose, shall be prohibited, except as follows:
(a)
To provide structures for housing of agricultural labor employed on the property, but only with the approval of the entity holding the deed restriction.
(b)
To construct a single-family residential building anywhere on the property in order to replace any single-family residential building in existence at the time of the deed restriction, but only with the approval of the entity holding the deed restriction.
(10)
The deed restriction shall be enforceable by the Township of East Amwell through its duly appointed zoning and planning enforcement official.
(11)
It is the intention of this chapter that the agricultural deed restriction be substantially in the form utilized in the New Jersey Agricultural Retention and Development Program. Consequently, the agricultural deed restriction shall be modified and augmented as required to follow the form utilized by such program. In any event, the deed restriction shall be in recordable form and shall be submitted to and approved by the Township Attorney as a condition of the involved development approval.
K.
Right to farm.[7] Some lands within the Amwell Valley Agricultural District are used for commercial agricultural production. Owners, residents, adjoining landowners, and other users of property may be subjected to inconvenience, discomfort, and the possibility of injury to property and health arising from normal and accepted agricultural practices and operations, including but not limited to noise, odors, dust, the operation of machinery of any kind, including aircraft, the storage and disposal of manure, the application of fertilizers, herbicides, and pesticides. Owners, residents and users of property should be prepared to accept these conditions and are hereby put on official notice that the New Jersey Right to Farm Act, N.J.S.A. 4:1C-1 et seq., may bar them from obtaining a legal judgment against such normal agricultural operations.
§ 92-92 Additional zoning option for the Amwell Valley Agricultural District.
[Added 2-25-1999 by Ord. No. 99-02]
A.
To further encourage farmland preservation in the Amwell Valley Agricultural District, the following zoning option, in addition to those described in § 92-91H, is permitted in the Amwell Valley Agricultural District: at least fifty-acre deed restriction option, the requirements for which shall be as follows:
(1)
Subdivision approval shall be conditioned upon all of an existing tract, aside from the portion thereof which is simultaneously subdivided under § 92-92A(2), being subdivided into a separate lot which is at least 50 acres in area and which, as a condition of such subdivision, is deed-restricted for agricultural purposes or uses in accordance with the requirements of § 92-92B.
(2)
The landowner is also permitted to subdivide from the same tract no more than two lots, each having a minimum lot area of 1 1/2 to three acres and having a single-family dwelling as a principal use. Such lots of 1 1/2 to three acres shall be governed by the following provisions:
(a)
Minimum lot area: 1 1/2 acres.
(b)
Maximum lot area: 3 acres.
(c)
Minimum lot width: 125 feet.
(d)
Minimum lot depth: 200 feet.
(e)
Minimum front yard: 50 feet.
(f)
Minimum side yard: 30 feet.
(g)
Minimum rear yard: 50 feet.
(h)
Maximum building height: 35 feet.
(i)
Maximum total impervious surface: 10,000 square feet.
(3)
Lots created under this subsection shall satisfy lot suitability requirements and shall also comply with all other applicable requirements of § 92-91.
(4)
Lots created under this subsection shall have a buffer located on the residential lot along any lot line which is adjacent to the deed-restricted lands. Such buffer area shall be restricted as follows: There shall be a board or split-rail fence installed and maintained by the lot owner just inside the residential lot line, and no new trees shall be planted within 25 feet of such lot line.
B.
For purposes of complying with the requirements of this chapter, any requirement imposing an agricultural deed restriction or a deed restriction for agricultural purposes or uses means that the landowner shall deed restrict his/her land in accordance with the following requirements:
(1)
The deed restriction is in perpetuity and binds the landowner, and his/her heirs, personal representatives, successors, and assigns.
(2)
Only agricultural use and production is permitted on the deed-restricted lands. Agricultural use shall mean the use of deed-restricted lands for common farmsite activities, including but not limited to production, harvesting, storage, grading, packaging, processing and the wholesale and retail marketing of crops, plants, animals and other related commodities and the use and application of techniques and methods of soil preparation and management, fertilization, weed, disease and pest control, disposal of farm waste, irrigation, drainage and water management and grazing.
(3)
All nonagricultural uses, if any, existing on this deed-restricted land may be continued and any structure may be restored or repaired in the event of partial destruction thereof, subject to the following:
(a)
No new structures or the expansion of preexisting structures for nonagricultural use are permitted.
(b)
No change of the preexisting nonagricultural use is permitted.
(c)
No expansion of the preexisting nonagricultural use is permitted.
(d)
In the event that the preexisting nonagricultural use is abandoned, its use is extinguished.
(4)
No sand, gravel, loam, rock or other minerals shall be deposited on or removed from the deed-restricted lands, except only those materials required for the agricultural purposes for which it is used.
(5)
No dumping or placing of trash or waste materials shall be permitted on the deed-restricted lands.
(6)
No activity shall be permitted on the deed-restricted lands which would be detrimental to drainage, flood control, water conservation, erosion control, or soil conservation, nor shall any other activity be permitted which would be detrimental to the continued agricultural use of the deed-restricted lands.
(7)
A landowner may use the deed-restricted lands to derive income from certain recreational activities, such as hunting, fishing, cross country skiing and ecological tours, only if such activities do not interfere with the actual use of the deed-restricted lands for agricultural production and that the activities only utilize the deed-restricted lands in its existing condition.
(8)
A landowner may use, maintain and improve existing buildings on the deed-restricted lands for agricultural, residential and recreational uses subject to the following conditions:
(a)
Improvements to agricultural buildings shall be consistent with agricultural uses;
(b)
Improvements to residential buildings shall be consistent with agricultural or single-family and extended-family residential uses. Improvements to residential buildings for the purpose of housing agricultural labor are permitted only if the housed agricultural labor is employed on the deed-restricted lands; and
(c)
Improvements to recreational buildings shall be consistent with agricultural or recreational uses.
(9)
A landowner may construct any new buildings for agricultural purposes. The construction of any new buildings for residential use, regardless of its purpose, shall be prohibited.
(10)
The deed restriction shall be enforceable by the Township of East Amwell through its duly appointed zoning and planning enforcement official.
C.
It is the intention of this chapter that the agricultural deed restriction be substantially in the form utilized in the New Jersey Agricultural Retention and Development Program. Consequently, the agricultural deed restriction shall be modified and augmented as required to follow the form utilized by such program. In any event, the deed restriction shall be in recordable form and shall be submitted to and approved by the Township Attorney as a condition of the involved development approval.
§ 92-93 Resource conservation calculations.
[Added 9-10-2009 by Ord. No. 09-10]
The resource conservation calculations that follow are to be used to compute the total area of a tract that is suitable for development after subtracting identified resource conservation areas, and to determine the maximum permitted lot yield of residential development or intensity of nonresidential development. These calculations and their mapped locations of resource features will assist in guiding, to the greatest extent practicable, all development activities to suitable area(s) of the tract.
A.
Applicability. The calculations required in Subsection B below shall be submitted as part of any conceptual plan for informal review, or any minor or major subdivision or site plan application. These requirements shall not apply to requests for construction permits for permitted uses and structures on existing lots-of-record, if no subdivision or site plan approval is required.
B.
Resource conservation factors - maximum tract yield. A maximum tract yield calculation form prepared by the applicant shall be submitted to the Board, along with a map of the entire tract illustrating natural resource features, including floodplains, wetlands, NJDEP-required wetlands transition areas, stream channels, stream corridors, areas of slopes greater than 12% but less than 25% and areas of slopes 25% and greater.
Resource Conservation Area Maximum Tract Yield Calculation Form | |||||
|---|---|---|---|---|---|
Column A | Column B | Column C | |||
Acres | Resource Conservation Ratio | Acres | |||
1. | Gross tract area | ||||
2. | Area of existing conservation easements or deed restrictions, where such easements and/or restrictions were imposed as a condition of subdivision or site plan approval | ||||
3. | Adjusted gross tract area (Line 1 less Line 2) | ||||
Resource conservation areas: [see Notes (a) and (b)] | |||||
4. | Bodies of water, area of floodplains, wetlands, stream corridors | 1 | |||
5 | Area of slopes 25% and greater based on 10-foot contour intervals | 1 | |||
6 | Area of slopes greater than 12% but less than 25% based on 10-foot contour intervals | 0.75 | |||
7 | NJDEP-required wetlands transition areas | 0.75 | |||
8 | Area of 300-foot buffer to Category 1 waters | 0.50 | |||
9. | Total deductible resource conservation area (sum of Column C, Lines 4 through 8) | ||||
10. | Net site area adjusted for resource conservation areas (Line 3 less Line 9) | ||||
11. a. | Residential - maximum permitted lot yield | ||||
11. b. | Nonresidential - maximum impervious ratio | ||||
12. a. | Maximum permitted number of principal dwelling units (Line 10 multiplied by Line 11.a.) | ||||
12. b. | Maximum square feet of impervious coverage (Line 10 multiplied by Line 11.b.) | ||||
Notes: | ||
1) | Enter appropriate acreage in Column A, multiply Column A by factor in Column B and place result in Column C. | |
2) | When resource conservation areas overlap, enter the affected acreage on the line with the higher resource conservation factor and do not include it in the calculation of the resource conservation area having the lower factor. Do not double-count resource conservation acreage. | |
3) | If utilizing the open lands ratio zoning in accordance with § 92-91H(2)(b), deduct the remaining 0.25 ratio for steep slopes greater than 12% when calculating the open lands ratio in order to avoid double counting. | |
4) | Round down to the nearest dwelling unit or square foot. | |
§ 92-94 Residential.
A.
Purpose. This zone is established around the Village of Ringoes in which cluster design options and mixed housing types are permitted. It is intended that open space designs be an integral part of new development in this district in order to separate the historic village from the emerging suburban development by establishing a green belt design as proposed in the Master Plan.
C.
Accessory uses shall be as follows:
(1)
Off-street parking and loading.
(2)
Farm stand.
(3)
Windmills and similar devices that convert renewable wind energy into usable energy sources.
[Amended 2-10-2011 by Ord. No. 11-02]
(4)
All farm and agricultural activities, including nurseries, small animal and livestock raising.
(5)
Home occupations, provided that all comply with the definition of a "home occupation."
(6)
Private recreational uses such as swimming pools and tennis courts, provided that they are used only for the residence and are an ancillary use to the principal use.
(7)
Minor solar or photovoltaic energy facilities or structures; provided, however, that in the case of a roof-mounted system, the photovoltaic solar panels and all necessary equipment shall not extend more than 12 inches above the edge of the roofline or above the highest point of the roof surface or structure, and provided further that ground-mounted systems shall comply with the requirements of § 92-101 of this chapter.
[Added 2-10-2011 by Ord. No. 11-02; amended 5-2-2011 by Ord. No. 11-07]
D.
Conditional uses shall be as follows:
(1)
Public utilities necessary for the service convenience or welfare of the public, provided that the application is made by the public utility to the Planning Board of East Amwell Township for a determination that the service, convenience or welfare of the public is involved.
(2)
Home occupations beyond the definition and/or proposing the involvement of one or more employees.
(3)
Conversion of a single-family home existing as of June 21, 1963, to a two- or three-family home, provided that adequate water supply and sewage disposal as determined by current Board of Health standards are available.
(4)
Housing facilities for farm workers.
E.
[1]
Editor's Note: The Area, Yard and Bulk Regulations Schedule for the Residential District is included at the end of this chapter.
[2]
Editor's Note: Former Subsection F, regarding area, yard and bulk regulations for single-family units, which subsection immediately followed this subsection, was repealed 9-14-2006 by Ord. No. 06-21. This ordinance also provided for the redesignation of former Subsection G as Subsection F.
§ 92-95 Village District.
A.
Purpose. This zone is established to set specific standards to protect the character of the designated areas and the historic Village of Ringoes. Major changes in land use relationships are not intended. The areas are basically developed. Major housing development is intended to take place around the villages, not in them. As the Township grows in population, the village is intended to provide local not regional needs and services. Rather, other commercial services should be provided in order to protect the present balance of commercial and residential uses having emerged in a rural area.
B.
C.
Accessory uses shall be as follows:
[Amended 3-8-2001 by Ord. No. 01-02]
(1)
Off-street parking and loading.
(2)
Private recreational uses such as swimming pools and tennis courts, provided that they are used only for the residence and are an ancillary use to the principal use.
(3)
Home occupations and accessory building shall comply with the bulk requirements listed in this section and comply with the definition of a home occupation.
(4)
Minor solar or photovoltaic energy facilities or structures; provided, however, that in the case of a roof-mounted system, the photovoltaic solar panels and all necessary equipment shall not extend more than 12 inches above the edge of the roofline or above the highest point of the roof surface or structure, and provided further that ground-mounted systems shall comply with the requirements of § 92-101 of this chapter.
[Added 2-10-2011 by Ord. No. 11-02; amended 5-2-2011 by Ord. No. 11-07]
D.
Conditional uses shall be as follows:
[Amended 3-8-2001 by Ord. No. 01-02]
(1)
Public utilities necessary for the service, convenience or welfare of the public, provided that application is made by the public utility to the Planning Board of East Amwell Township for a determination that the service, convenience or welfare of the public is involved.
E.
Area, yard and bulk regulations.[2]
[Amended 3-8-2001 by Ord. No. 01-02]
[2]
Editor's Note: The Area, Yard and Bulk Regulations Schedule for the Village District is included at the end of this chapter.
§ 92-96 LB-Local Business.
A.
Purpose. This district is located in the Village of Ringoes and at the intersection of Linvale Road and Route 31. It is established to recognize these existing commercial patterns, particularly those in the context of the historic Village of Ringoes.
[Amended 3-8-2001 by Ord. No. 01-02]
B.
Permitted principal uses.
[Amended 3-8-2001 by Ord. No. 01-02]
(1)
Residences as permitted in and adhering to the requirements of the Village District.
(2)
Retail sale of consumable products, wearing apparel, pharmaceutical, hardware, appliances, household goods, confections, stationery, printed material and similar goods in small-scale retail operations and not large-scale general merchandise department store- or supermarket-type operations.
(3)
The sale of personal services, such as the repair of appliances, shoes and jewelry, tailors, music and dancing schools, photographer studios, but not photo processing.
(4)
Offices and financial institutions.
(5)
Restaurants.
(6)
Libraries.
(7)
Utility facilities needed to directly provide the service of the utility to the consumer, such as pumping stations and transformers, but excluding repair garages, open storage and work areas, and similar industrially oriented aspects of a utility service.
C.
Accessory uses shall be as follows:
(1)
Off-street parking and loading.
(2)
Bars as accessory to restaurants.
(3)
Minor solar or photovoltaic energy facilities or structures; provided, however, that in the case of a roof-mounted system, the photovoltaic solar panels and all necessary equipment shall not extend more than 12 inches above the edge of the roofline or above the highest point of the roof surface or structure, and provided further that ground-mounted systems shall comply with the requirements of § 92-101 of this chapter.
[Added 2-10-2011 by Ord. No. 11-02; amended 5-2-2011 by Ord. No. 11-07]
D.
Conditional uses shall be as follows:
(1)
Automobile service station, provided that the area devoted to building coverage does not exceed 10% of the total lot area and provided that the minimum distance between property lines of service stations shall be 1,500 feet when measured along the same street or 500 feet when measured away from any portion of the property line in any direction, whichever is greater. The minimum lot size shall be one acre, with minimum lot width and depth of 200 feet. Minimum building and pumping island setbacks shall be 65 feet. The conditions in § 92-69 shall be met as if written in this section.
(2)
A single-family dwelling unit located within a permitted nonresidential use. Residential uses, if situated as an apartment unit above a store, shop, office or other similar permitted nonresidential use, provided that adequate water supply and sewage disposal, as determined by current Board of Health standards are available.
E.
Area, yard and bulk regulations.[1]
[1]
Editor's Note: The Area, Yard and Bulk Regulations Schedule for the LB-Local Business District is included at the end of this chapter.
§ 92-97 HO-Highway and Office District.
A.
Purpose. This zone is located to offer an opportunity to develop low-coverage, one-story structures for low intensity nonresidential uses situated in the vicinity of the Village of Ringoes and along Route 202. As an alternative, cluster residential development is also permitted. It is intended that the siting of structures and the design of open space and yard areas shall advance the goal of establishing a "green belt" design around the historic Village of Ringoes. Strip retail and highway commercial uses and uses with extensive lighting and signing are specifically not intended for this zone. Controlled access to Route 202 shall be required by such means as common, adjoining parking lots and/or marginal service road in an effort to conserve energy through designs that promote the conservation of energy by trying to reduce energy consumption. It is also intended that these provisions maximize the utilization of renewable energy resources.
B.
Permitted principal uses shall be as follows:
(1)
Offices, financial institutions.
[Amended 3-8-2001 by Ord. No. 01-02]
(2)
Mortuary.
(3)
Medical and dental offices, medical clinic and veterinary hospital.
(4)
Indoor swim clubs, indoor tennis courts, bowling alleys, skating rinks and gymnasia.
(5)
Cluster residential development as permitted in the Residential District.
(6)
Feed grain, farm machinery and farm supplies and other businesses that support agriculture.
(7)
Nursery supplies outlets.
(8)
Farms and agriculture uses as regulated in the Amwell Valley Agricultural District.
(9)
Wireless telecommunications antennas on existing structures, subject to minor site plan approval.
[Added 9-11-1997 by Ord. No. 97-20; amended 12-30-2002 by Ord. No. 02-22]
(10)
Retail farm markets according to the standards in § 92-97H.
[Added 11-12-1998 by Ord. No. 98-25]
(11)
House(s) of worship.
[Added 3-13-2003 by Ord. No. 03-02]
C.
Accessory uses shall be as follows:
(1)
Off-street parking and loading.
(2)
Wireless telecommunications antennas on existing structures, subject to minor site plan approval.
[Added 9-11-1997 by Ord. No. 97-20; amended 12-30-2002 by Ord. No. 02-22]
(3)
Minor solar or photovoltaic energy facilities or structures; provided, however, that in the case of a roof-mounted system, the photovoltaic solar panels and all necessary equipment shall not extend more than 12 inches above the edge of the roofline or above the highest point of the roof surface or structure, and provided further that ground-mounted systems shall comply with the requirements of § 92-101 of this chapter.
[Added 2-10-2011 by Ord. No. 11-02; amended 5-2-2011 by Ord. No. 11-07]
D.
Conditional uses.
[Added 9-11-1997 by Ord. No. 97-20; amended 12-30-2002 by Ord. No. 02-22]
(1)
Wireless communication towers as principal or accessory uses, subject to minor site plan approval, and provided that the application complies with § 92-80 herein, and provided that the following further conditions are met:
(a)
An applicant to construct a wireless telecommunications tower shall present documentary evidence regarding the need for cellular antennas within the Township of East Amwell. This information shall identify the cellular network layout and coverage areas to demonstrate the need for such equipment within the Township.
(b)
An applicant proposing to erect a new wireless telecommunications tower shall provide documentary evidence that a legitimate attempt has been made to locate the antennas on existing building or structures. Such evidence shall include a radio frequency engineering analysis of the potential suitability of existing buildings or structures in the search area for such antennas. Efforts to secure such locations shall be documented through correspondence between the wireless telecommunications provider and the property owner of the existing buildings or structures. The Township reserves the right to engage a professional radio frequency engineer to review such documentation.
(c)
Applicants proposing to construct new wireless telecommunications towers shall document the locations of all existing telecommunications towers within East Amwell Township and surrounding areas with coverage in the Township and shall provide competent testimony by a radio frequency engineer regarding the suitability of potential locations in light of the design of the wireless telecommunications network. Where a suitable location on an existing tower is found to exist, but an applicant is unable to secure an agreement to collocate its equipment on such tower, the applicant shall provide written evidence of correspondence with the owner of such tower verifying that suitable space is not available on the existing tower(s).
(d)
When an applicant to construct a wireless telecommunications tower demonstrates to the satisfaction of the reviewing agency that suitable locations on existing buildings or structures either do not exist or are not available, the applicant may erect a new telecommunications tower suitably constructed and finished so as to blend with the rural environment, according to the following requirements:
(e)
No wireless telecommunications towers shall be erected within 1,000 feet of any of the following:
(f)
Wireless telecommunications towers shall not be erected with in 2,500 feet of any historic district or any historic site listed or designated as eligible for listing on the National and/or State Register of Historic Places.
E.
Area, yard and bulk regulations.[1]
[1]
Editor's Note: The Area, Yard and Bulk Regulations Schedule for the HO-Highway and Office District is included at the end of this chapter.
G.
Maximum floor area ratio (FAR) = 0.15.
H.
Retail farm markets. A retail farm market is permitted in the Highway Office Zone subject to the following provisions (which, to the extent that they conflict with any other requirements for the HO-Highway and Office District, shall supersede such other requirements):
[Added 11-12-1998 by Ord. No. 98-25]
(1)
Sale of products more typically found in a convenience store, such as cigarettes, lottery tickets, newspapers, magazines, toiletries, supermarket brand name products, and significant inventories of canned and packaged goods, is not permitted. Sales of local newspapers and house and garden magazines are permitted.
(2)
Sale of products such as building construction materials, home improvement materials and farm and household machinery and services is not permitted.
(3)
Building height shall not exceed 35 feet. A gable roof design is encouraged to give the building a more traditional appearance.
(4)
The maximum floor area of the retail farm market shall not exceed 7,000 square feet. No more than 5% of the total floor area shall be devoted to tables and chairs for the on-site consumption of food. On-site consumption of beer and wine is prohibited.
(5)
Buffers shall be provided, in accordance with § 92-46, wherever the side or rear lot lines of the farm market abut a residential use or zone.
(6)
Driveway access shall be provided by at least one driveway with a minimum width of 24 feet, and no driveway shall be located closer than 75 feet to an adjoining lot.
(7)
Off-street parking shall be provided at the ratio of one space per 200 square feet of floor area and shall be located no closer than 50 feet to any lot line.
(8)
Hours of operation of the retail farm market shall be limited to the period from 8:00 a.m. to 9:00 p.m.
(9)
Outdoor sales and display area shall not exceed 50% of the lot area but in no case shall exceed three acres. Impervious cover shall not exceed 25% of the lot area, not to exceed a maximum of 1.5 acres.
(10)
Site plan approval shall be required to construct, expand or modify a farm market.
(11)
One freestanding sign not exceeding 20 feet in height shall be permitted for each retail farm market. A freestanding sign shall not exceed 32 square feet and shall be located no closer than 75 feet to a side lot line and 25 feet to a street right-of-way, and shall not be located in any sight triangle. In addition, one attached sign not exceeding 20 square feet shall be permitted, provided that it is located upon and affixed to the retail farm market. Permitted signs shall also comply with § 92-72. No signage may advertise that deli-type products, sandwiches or coffee are available for sale.
(12)
Any area used for the parking of trucks or other commercial vehicles shall be situated at least 150 feet from any residential lot lines.
(13)
Compressors or fans used at the retail farm market or used at associated facilities such as greenhouses shall be situated so that a suitable visual barrier exists between the compressors and fans and any residence within 500 feet.
(14)
If a greenhouse is associated with a farm market, the total floor area ratio and impervious coverage standards of the HO-Highway and Office District shall apply to the combination of the greenhouse(s) and the retail farm market.
§ 92-98 Minimum off-street parking requirements.
[Amended 3-13-2003 by Ord. No. 03-02; 6-13-2019 by Ord. No. 19-08; 11-9-2023 by Ord. No. 23-12; 3-14-2024 by Ord. No. 24-03]
Minimum off-street parking requirements shall be as follows:
Use | Number of Parking Spaces |
|---|---|
(GFA=gross floor area) | |
Antique shop | 1 space/200 square feet GFA + one per employee |
Auto sales | 1 space/300 square feet showroom area and sales office |
Bank sales office | 1 space/250 square feet GFA |
Bar | 1 space/2 seats |
Bed-and-breakfast | 3 spaces for residents + 1/guest room |
Car wash | 10 spaces/washing lane |
Doctor's/dentist's office in home | 1 space/200 square feet GFA, but not less than 6 spaces |
Dwelling unit | 2 spaces |
Farm | 2 spaces |
Farm machinery and supplies | 1 space/5,000 square feet GFA |
Farm stand | 5 or 1 space/150 GFA, whichever is greater |
Fast-food restaurant | 1 space/3 seats + 1 space/40 square feet GFA of nonseating area |
Feed grain | 1 space/5,000 square feet gross yard and storage area |
Fiduciary institutions | 1 space/250 square feet GFA |
Firehouse | 25 spaces |
Gymnasium | To be determined at site plan review |
Home occupation | Minimum of 2 + 2/employee |
Hospital | 1.5 spaces/bed |
House(s) of worship | |
Religious assembly | 2 spaces for every 5 seats or, where benches or pews are used, 1 space for each 66 lineal inches of bench or pew. Where standing room, kneeling and/or seating on the floor is to be used, there shall be 1 parking space provided for each 40 square feet of gross floor area used or intended to be used by members and/or guests, whichever requires the greater number of off-street parking spaces, plus one additional space for each full-time employee. |
Meeting hall, social or similar places of assembly | 2 spaces for every 5 seats or, for areas without seating, 1 space for every 40 square feet of floor area used for such assembly. These parking spaces shall be in addition to the parking required above only if there is substantial regular, concurrent use of the place(s) of assembly on the property. |
Rectory, parsonage, convent, monastery or similar dwelling related to a house of worship | 2 off-street spaces for a single-family dwelling or 1 space for every 3 beds in group sleeping quarters related to a house of worship. |
Laboratory | 1 space/1,000 square feet GFA |
Library | 1 space/300 square feet GFA |
Manufacturing | 1 space/800 square feet GFA |
Medical clinic or medical office | 1 space/150 square feet GFA; minimum of 10 spaces |
Mortuary | 10 spaces/viewing room and chapel; minimum of 30 spaces |
Motel | 1.1 spaces/unit |
Neighborhood convenience center | Same as shopping center |
Offices | 1 space/300 square feet GFA |
Park | As approved on site plan |
Research | 1 space/1,000 square feet GFA |
Restaurant | 1 space/3 seats |
Retail store for merchandise and services | 1 space/150 square feet GFA |
School: | |
Elementary | 2 spaces/classroom, but not less than 1/teacher and staff |
Intermediate | 1.5 spaces/classroom, but not less than 1/teacher and staff |
Secondary | 2.5 spaces/classroom, but not less than 2/teachers and staff |
Service station | 4 spaces/bay and work area |
Shopping center* | 5.5 spaces/1,000 square feet GFA |
Swimming pool | 1 space/25 square feet water surface area |
Tennis courts | 3 spaces/court |
Utilities | 1 space |
Veterinarian hospital | 6 spaces/examining room or doctor, whichever is greater |
NOTES: * A maximum of 20% of the GFA can be office use without additional parking for the office use. Office use above 20% shall require parking at the appropriate scale. |
§ 92-99 Minimum off-street loading requirements.
[Amended 3-13-2003 by Ord. No. 03-02; 11-9-2023 by Ord. No. 23-12; 3-14-2024 by Ord. No. 24-03]
Minimum off-street loading requirements shall be as follows:
Gross Floor Area in Square Feet | ||||
|---|---|---|---|---|
Minimum Number Spaces | At Which First Berth is Required* | At Which Second Berth is Required* | Amount of Square Feet For Each Additional Berth | |
Auto sales | 1 | 10,000 | 40,000 | 40,000 |
Bank | 0 | 10,000 | 100,000 | 100,000 |
Bar | 1 | 10,000 | 25,000 | 20,000 |
Car wash | 0 | 10,000 | 100,000 | 100,000 |
Doctor's/ dentist's office in home | 0 | 10,000 | N.A. | N.A. |
Dwelling unit | 0 | ----None Required--- | ||
Farm | 0 | ----None Required--- | ||
Farm machinery and supplies | 1 | 10,000 | 40,000 | 40,000 |
Farm stand | 0 | ----None Required--- | ||
Fast-food restaurant | 1 | 10,000 | 25,000 | 20,000 |
Feed grain | 1 | 10,000 | 40,000 | 30,000 |
Fiduciary institution | 0 | 10,000 | 100,000 | 100,000 |
Firehouse | 0 | ----None Required--- | ||
Gymnasium | 0 | ----None Required--- | ||
Home occupation | 0 | ----None Required--- | ||
Hospital | 1 | 10,000 | 100,000 | 100,000 |
House of worship | 0 | ----None Required---- | ||
Laboratory | 1 | 5,000 | 40,000 | 40,000 |
Library | 0 | ----None Required--- | ||
Manu- facturing | 1 | 5,000 | 40,000 | 30,000 |
Medical clinic/ medical office | 0 | 10,000 | 100,000 | 100,000 |
Mortuary | 1 | 10,000 | 100,000 | 100,000 |
Motel | 1 | ----None Required--- | ||
Neighbor- hood conven- ience center | 1 | 5,000 | 40,000 | 40,000 |
Nightclub | 1 | 10,000 | 25,000 | 20,000 |
Offices | 1 | 10,000 | 100,000 | 100,000 |
Park | 0 | ----None Required--- | ||
Research | 1 | 5,000 | 40,000 | 40,000 |
Restaurant | 1 | 10,000 | 25,000 | 20,000 |
Retail store for merchan- dise/ service | 1 | 10,000 | 20,000 | 20,000 |
School | 1 | N.A. | N.A. | N.A. |
Service station | 0 | ----None Required--- | ||
Shopping center | 1 | 10,000 | 40,000 | 40,000 |
Tennis courts | 0 | ----None Required--- | ||
Theater | 0 | ----None Required--- | ||
Utilities | 0 | 10,000 | 100,000 | 100,000 |
Veterin- arian hospital | 1 | 10,000 | 100,000 | 100,000 |
NOTES: * The minimum number of spaces shall prevail for uses that have not attained the gross floor area where the first space is required. |
§ 92-100 Conditional use standards for major solar or photovoltaic energy facilities or structures.
[Added 2-10-2011 by Ord. No. 11-02; amended 5-2-2011 by Ord. No. 11-07]
A.
The Township recognizes the importance of alternative and renewable energy sources to long-term environmental sustainability and that renewable energy sources are recognized by the State of New Jersey as inherently beneficial uses to the citizens of this state. The Township believes there needs to be a balance between the development of alternative energy systems and local land use goals to protect agricultural and natural resources of East Amwell Township.
B.
All major solar or photovoltaic energy facility or structure installations shall comply with the following conditional use standards:
(1)
Major solar or photovoltaic energy facilities and structures in all zoning districts shall conform to the following area, yard and height requirements:
(2)
No structure or other portion of the facility except for fencing, access roads and non-energy-generating equipment shall be situated less than 300 feet from any residence or less than 150 feet from any accessory structure, whether located on the same or adjacent property.
(3)
Areas designated and regulated by NJDEP; farms.
[Amended 12-20-2018 by Ord. No. 18-21]
(a)
No structure or other portion of the facility shall occupy any area designated and regulated by the New Jersey Department of Environmental Protection ("NJDEP") as a floodplain, flood hazard area, wetland, wetland transition area or riparian corridor. All such areas shall be shown on any preliminary and/or final site plan submitted for approval and shall be subject to confirmation from the NJDEP, which confirmation shall be submitted to the Township Engineer for approval prior to the issuance of any zoning or construction permit.
(b)
Except (and only) to the extent otherwise permitted pursuant to N.J.A.C. 2:76-2A.12, no structure or other portion of the facility shall occupy all or any portion of a farm, any other land that is, or during the prior five calendar years has been, valued, assessed and taxed pursuant to the Farmland Assessment Act of 1964, N.J.S.A. 54:4-23.1 et seq., or any property that would constitute a farm but for the fact that it is utilized for "intensive poultry or swine production or intensive feed lot operations," within the meaning of definition of "agricultural use."
(4)
All structures or other portions of the facility shall be adequately screened from the public view or historic sites as defined in § 92-4.
[Amended 11-8-2012 by Ord. No. 12-09]
(5)
Major solar and photovoltaic energy facilities applicants shall submit a landscaping plan conforming to the requirements of § 92-46, Buffers and landscaping, and subject further to the requirements set forth hereinbelow:
[Amended 11-8-2012 by Ord. No. 12-09]
(a)
Safety fencing, or a barrier, shall be installed behind the required landscaping at a height of eight feet, or as approved by the Township Engineer.
(b)
To the greatest extent possible, applicants shall use natural topography and existing vegetation to screen the facility and structures from public view and the view of any adjoining uses on a lot having a common lot line with the lot on which such facility or structure will be located.
(c)
A landscape buffer shall be installed outside the fence around the facility to shield the facility and all related accessory structures and parking areas from public view and the view of any adjoining uses on a lot having a common lot line with the lot on which such facility or structure will be located. A vegetative buffer not less than 50 feet in width, with at least three rows of trees, shall be provided, which may consist of existing vegetation, new plantings, or a combination thereof providing year-round screening. The buffer shall include native evergreens in the rear interior rows with a mix of deciduous and evergreen trees planted in the front exterior row. Trees should be at least eight feet to 10 feet in height at time of planting, planted 10 feet on center in staggered rows. Bush or shrubs shall supplement the landscape buffer areas in order to conceal ground level visual penetration.
(d)
In the event that the topography of the site prevents adequate screening from adjoining uses through the vegetative fifty-foot landscape buffer alone, the applicant, at the approving board's discretion, may be required to provide a berm on which the landscape buffer is to be built. The required landscaped berm shall include the provision of adequate and appropriate drainage facilities. A grading and drainage plan as outlined in § 92-100B(9) shall be submitted.
(e)
All landscaping shall be inspected by the Township Planner after installation to ensure adequate screening has been provided prior to issuance of a certificate of occupancy. In the event that the landscape buffer does not adequately screen the facility from view of adjoining uses, the applicant shall be required to provide additional landscaping in strategic areas to address any deficiencies. Additional trees provided shall be limited to no more than 20% of the total number of trees provided in the landscape buffer.
(6)
The preservation of agricultural activities and agriculturally viable soils is key to long-term farming in the Township, therefore, in the Amwell Valley Agricultural District, construction of solar facilities, to the extent not prohibited by § 92-100B(3)(b), are subject further to the requirements set forth below:
[Amended 11-8-2012 by Ord. No. 12-09; 12-20-2018 by Ord. No. 18-21]
(a)
No soil containing prime farmland and farmlands of statewide significance as identified by the USDA Natural Resources Conservation Service shall be removed from any site upon which major solar or photovoltaic energy facilities and structures are constructed.
(b)
Within areas containing prime farmland and farmlands of statewide significance, there shall be no concrete footings constructed or used for solar or photovoltaic panel racking systems or other structures to support panels, however, concrete pads for inverters and similar equipment, and concrete footings for security fence, may be constructed within areas containing these soils.
(c)
Grading within prime farmland and farmlands of statewide significance shall be limited to that necessary to construct access roads, inverter and switching equipment and pads, parking areas and construction trailers and associated facilities.
(d)
On all tracts of land 40 acres or greater in size, there shall be provided deed restricted lands, which shall not be occupied by any component of the major solar or photovoltaic energy facility, and shall be deed restricted until decommissioning of the facility is complete, subject to the following regulations:
[2]
Farm structures and not more than one residential dwelling supporting continuing farm operations on the restricted lands portion of the site shall be permitted; provided, however, that areas occupied by farm buildings, the residential dwelling, and appurtenant residential areas shall not be counted toward the overall 50% gross tract area restricted requirement.
[3]
Restricted lands guidelines. The following guidelines should be considered in determining the configuration and location of the restricted lands:
[a]
Restricted lands shall be contiguous allowing for the most valuable agricultural or restricted lands to be utilized in an efficient manner. The solar or photovoltaic energy system and facilities should be situated on the tract nearer the outer portions, not centrally located, of the site in a manner that reduces negative impact on agricultural activities or presence of restricted lands and allows for the greatest amount of contiguous agricultural or restricted area.
[b]
Restricted lands shall be configured in such a manner as to facilitate agricultural use. Factors such as, but not limited to, proximity of the restricted lands to adjacent tracts containing farming operations, the ability to create large contiguous tracts of restricted lands or farmland and the desirability of maximizing separation between the solar or photovoltaic energy facility and existing off-site residential units should be considered.
[c]
In order to maintain the rural character and scenic viewsheds of the Township, as perceived from the public rights-of-way, restricted lands should be located in such manner as to preserve scenic vistas and preserve the rural character of farmsteads, barns and homesteads after development.
[d]
Where tracts include existing farmland operations, designated lands should be configured to preserve such uses, to the greatest extent possible, in order to facilitate the continuation of farming.
[e]
Proposed roads should be located with the portion of the property utilized for the major solar or photovoltaic energy facility. It is the intent of this subsection to keep the restricted lands portion of the tract continuous and free of roadway intrusions; however, adequate access must be provided to the restricted lands area.
[f]
Restricted lands created as a result of these regulations may be used for recreation, agriculture, or resource conservation. No buildings or structures shall be constructed or maintained on the deed restricted open lands except such structures that are accessory to the agricultural, natural resource conservation or restricted lands use.
(7)
The Sourland Mountain District is intended to protect the fragile environmental resources prevalent in the Sourland Mountain. These include large contiguous forests, limiting geology, critical habitat and steep slopes. Major solar facilities, including accessory structures, fencing and parking areas, shall be limited to existing cleared areas as shown on 2008 NJDEP aerial photographs.
(8)
Soil erosion control, soil stabilization. All ground areas occupied by the major solar or photovoltaic energy facility or structure installation that are not utilized for access to operate and maintain the installation shall be planted and maintained with a native shade-tolerant grass or other vegetation for the purpose of soil stabilization. Ground cover shall be maintained using mechanical means or through the planting of appropriate ground cover. The use of stone or herbicides for the ongoing maintenance of ground cover shall be prohibited.
(9)
A grading and drainage plan shall be submitted which shall show the existing and proposed grading and drainage patterns.
(a)
A grading and drainage plan shall be submitted under the seal of a licensed professional engineer and shall provide the details necessary to adequately demonstrate to the reviewing agency engineer that no stormwater runoff or natural water shall be so diverted as to overload existing drainage systems, increase stormwater runoff to adjacent properties, or create flooding or the need for additional drainage structures on other private properties or public lands.
(b)
Prior to issuance of a certificate of occupancy and/or placing the facility online, an as-built grading and drainage plan, prepared by a licensed professional surveyor, shall be submitted to the reviewing agency's engineer for review and approval. The plan shall show that the as-built conditions are substantially the same as those shown on the approved grading and drainage plan.
(10)
A maintenance plan and land surface management plan shall be submitted that sets forth provisions for the continuing maintenance of the entire site including all solar panels and associated equipment, required plantings, area not devoted to solar production, including a schedule of specific maintenance activities to be conducted. On site, but outside of the solar facility, shall be maintained to a level that will discourage successional growth or the establishment of invasive species. Planting of warm-weather native grasses which allow for mid to late summer mowing, providing beneficial critical habitat to native bird species and other wildlife is encouraged. The use of herbicides, pesticides and chemical cleaners or solvents shall not be permitted as an acceptable maintenance practice.
[Amended 11-8-2012 by Ord. No. 12-09]
(11)
Major solar and photovoltaic energy facilities and structures and alternative energy systems shall not result in reflective glare as viewed from ground level on adjoining properties.
(12)
Sound levels from the energy system shall not exceed 40 dBA when measured from any site property line.
(13)
A construction staging and sequencing plan shall be provided which details all pertinent information related to construction activities including, but not limited to:
[Amended 11-8-2012 by Ord. No. 12-09]
(a)
Timing of construction activities for the course of the project.
(b)
Days and hours of construction activities.
(c)
Location of parking and loading areas.
(d)
Location of truck washing areas.
(e)
Location of construction trailers and associated facilities.
(f)
Location of topsoil stockpile areas.
(g)
Designated truck routes to and from the site.
(h)
Temporary lighting.
(i)
Site security.
(14)
Decommissioning plan. All applications for a major solar facility shall be accompanied by a decommissioning plan to be implemented upon abandonment and/or in conjunction with removal of solar energy systems. Before beginning any decommissioning activities, the applicant must submit a performance bond in a form and amount satisfactory to the Township Attorney, which shall be based upon an estimate approved by the Board Engineer, assuring the availability of adequate funds to restore the site to a useful, nonhazardous condition in accordance with the decommissioning plan. Prior to removal of solar energy systems, a permit for removal activities shall be obtained from the East Amwell Township Construction Official. The decommissioning plan shall include provisions to:
(a)
Restore the surface grade and soil after removal of aboveground structures and equipment.
(b)
Restore soil areas with native seed mixes, and/or plant species suitable to the area, which shall not include any invasive species.
(c)
The plan may provide for the retention of access roads, fences, gates or buildings in place and/or may provide for restoration of agricultural crops or forest resource land.
(d)
If the property owner fails to remove the facility in accordance with the decommissioning plan, the Township may remove such. All costs incurred by the Township in connection with same shall be a first priority lien, enforceable pursuant to municipal tax lien statutes.
§ 92-101 Standards for ground-mounted minor solar or photovoltaic energy facilities or structures.
[Added 2-10-2011 by Ord. No. 11-02; amended 5-2-2011 by Ord. No. 11-07]
A.
The Township recognizes the importance of alternative and renewable energy sources to long-term environmental sustainability and that renewable energy sources are recognized by the State of New Jersey as inherently beneficial uses to the citizens of this state. The Township believes there needs to be a balance between the development of alternative energy systems and local land use goals to protect agricultural and natural resources of East Amwell Township.
B.
All minor ground-mounted solar or photovoltaic energy installations shall comply with the following standards:
[Amended 11-8-2012 by Ord. No. 12-09]
(1)
No portion of any minor ground-mounted solar or photovoltaic energy facilities and structures shall occupy any areas of land designated and regulated by the New Jersey Department of Environmental Protection "NJDEP" as floodplains, flood hazard areas, wetlands, wetland transition areas or riparian corridors. An applicability determination from the NJDEP or certified wetlands specialist shall be submitted to the Township Engineer to document the presence and/or absence of these regulated areas prior to the issuance of any zoning or construction permit.
(2)
Ground-mounted minor solar and photovoltaic energy facilities and structures shall not be visible from the public view or historic sites as defined in § 92-4.
(3)
Installations shall be sited behind existing vegetation and natural topography, which shall be supplemented as necessary with landscaping to shield the installation from public view. If it is determined that additional landscaping is required to adequately screen the installation, applicants shall submit a landscaping plan satisfactory to the Township Planner to screen the facilities and structures from adjoining residential uses.
(4)
The preservation of agricultural activities and agriculturally viable soils is key to long-term farming in the Township, therefore, in the Amwell Valley Agricultural District no prime farmland and farmlands of statewide significance as identified by the USDA Natural Resources Conservation Service shall be removed from any site upon which ground-mounted minor solar or photovoltaic energy facilities and structures are constructed. Grading within prime farmland and farmlands of statewide significance shall be limited to only that necessary to install equipment. Within areas containing prime farmland and farmlands of statewide significance, there shall be no concrete footings constructed or used for solar or photovoltaic panel racking systems or other structures to support panels.
(5)
The Sourland Mountain District is intended to protect the fragile environmental resources prevalent in the Sourland Mountain. These include large contiguous forests, limiting geology, critical habitat, and steep slopes. Minor ground-mounted solar facilities and structures shall be limited to existing cleared areas as shown on 2008 NJDEP aerial photographs.
§ 92-102 Electric vehicle supply/service equipment.
[Added 10-12-2023 by Ord. No. 23-11]
A.
Purpose. The purpose of this section is to promote and encourage the use of electric vehicles by requiring the safe and efficient installation of EVSE and make-ready parking spaces through municipal parking regulations and other standards. EVSE and make-ready parking spaces will support the state's transition to an electric transportation sector, reducing automobile air pollution, greenhouse gas emissions, and stormwater runoff contaminants. This section is not intended to encourage large development, but rather to comply with P.L. 2021, c. 171,[1] effectuate recommendations from the 2023 Master Plan Reexamination Report, and encourage sustainability through electrical vehicle adoption. The goals are to:
(1)
Provide adequate and convenient EVSE and make-ready parking spaces to serve the needs of the traveling public.
(2)
Provide opportunities for residents to have safe and efficient personal EVSE located at or near their place of residence.
(3)
Provide the opportunity for nonresidential uses to supply EVSE to their customers and employees through charger installations with diversified compatibility.
(4)
Create standard criteria to encourage and promote safe, efficient, and cost-effective electric vehicle charging opportunities in all zones and settings for convenience of service to those that use electric vehicles.
[1]
Editor's Note: See N.J.S.A. 40:55D-66.18 et seq.
B. CERTIFICATE OF OCCUPANCY CHARGING LEVEL(1) (2) (3) ELECTRIC VEHICLE ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT (EVSE) MAKE-READY PARKING SPACE PRIVATE EVSE PUBLICLY ACCESSIBLE EVSE
Definitions. As used in this section, the following terms shall have the meanings indicated:
The certificate provided for in N.J.A.C. 5:23-2, indicating that the construction authorized by the construction permit has been completed in accordance with the construction permit, the act and the regulations. See State Uniform Construction Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.) and regulations adopted pursuant thereto.
The amount of voltage provided to charge an electric vehicle varies depending on the type of EVSE as follows:
Level 1 operates on a 15 amp to 20 amp breaker on a 120 volt AC circuit.
Level 2 operates on a 40 amp to 100 amp breaker on a 208 volt or 240 volt AC circuit.
Direct-current fast charger (DCFC) operates on a 60 amp or higher breaker on a 480 volt or higher three phase circuit with special grounding equipment. DCFC stations can also be referred to as rapid charging stations that are typically characterized by industrial grade electrical outlets that allow for faster recharging of electric vehicles.
Any vehicle that is licensed and registered for operation on public and private highways, roads, and streets; and operates either partially or exclusively using an electric motor powered by an externally charged on-board battery.
The equipment, including the cables, cords, conductors, connectors, couplers, enclosures, attachment plugs, power outlets, power electronics, transformer, switchgear, switches and controls, network interfaces, point of sale equipment, and associated apparatus designed and used for the purpose of transferring energy from the electric supply system to a plug-in electric vehicle. "EVSE" may deliver either alternating current or, consistent with fast charging equipment standards, direct current electricity. "EVSE" is synonymous with "electric vehicle charging station."
The prewiring of electrical infrastructure at a parking space, or set of parking spaces, to facilitate easy and cost-efficient future installation of electric vehicle supply equipment or electric vehicle service equipment, including, but not limited to, Level 2 EVSE and direct current fast chargers. Make-ready includes expenses related to service panels, junction boxes, conduit, wiring, and other components necessary to make a particular location able to accommodate electric vehicle supply equipment or electric vehicle service equipment on a "plug and play" basis. "Make-ready" is synonymous with the term "charger ready," as used in P.L. 2019, c. 362 (N.J.S.A. 48:25-1 et al.).
EVSE that has restricted access to specific users (e.g., single and two-family homes, executive parking fleet parking with no access to the general public).
EVSE that is publicly available (e.g., park-and-ride, public parking lots and garages, on-street parking, shopping center parking, nonreserved parking in multifamily parking lots, etc.).
C.
Approvals and permits.
(1)
An application for development submitted solely for the installation of EVSE or make-ready parking spaces shall be considered a permitted accessory use and permitted accessory structure in all zoning or use districts and shall not require a variance pursuant to N.J.S.A. 40:55D-70.
(3)
All EVSE and make-ready parking spaces shall be subject to applicable local and/or Department of Community Affairs permit and inspection requirements.
(4)
The Zoning Officer and/or Municipal Engineer shall enforce all signage and installation requirements described in this section. Failure to meet the requirements in this section shall be subject to the same enforcement and penalty provisions as other violations of the Township of East Amwell's land use regulations.
(5)
An application for development for the installation of EVSE or make-ready spaces at an existing gasoline service station, an existing retail establishment, or any other existing building shall not be subject to site plan or other land use board review, shall not require variance relief pursuant to N.J.S.A. 40:55D-1 et seq., or any other law, rule, or regulation, and shall be approved through the issuance of a zoning permit by the administrative officer, provided the application meets the following requirements:
(a)
The proposed installation does not violate bulk requirements applicable to the property or the conditions of the original final approval of the site plan or subsequent approvals for the existing gasoline service station, retail establishment, or other existing building;
(b)
All other conditions of prior approvals for the gasoline service station, the existing retail establishment, or any other existing building continue to be met; and
(c)
The proposed installation complies with the construction codes adopted in or promulgated pursuant to the "State Uniform Construction Code Act," P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), any safety standards concerning the installation, and any state rule or regulation concerning electric vehicle charging stations.
(6)
An application pursuant to Subsection C5 above shall be deemed complete if:
(a)
The application, including the permit fee and all necessary documentation, is determined to be complete;
(b)
A notice of incompleteness is not provided within 20 days after the filing of the application; or
(c)
A one-time written correction notice is not issued by the Zoning Officer within 20 days after filing of the application detailing all deficiencies in the application and identifying any additional information explicitly necessary to complete a review of the permit application.
(7)
EVSE and make-ready parking spaces installed at a gasoline service station, an existing retail establishment, or any other existing building shall be subject to applicable local and/or Department of Community Affairs inspection requirements.
(8)
A permitting application solely for the installation of electric vehicle supply equipment permitted as an accessory use shall not be subject to review based on parking requirements.
D.
Requirements for new installation of EVSE and make-ready parking spaces.
(1)
As a condition of preliminary site plan approval, for each application involving a multiple dwelling with five or more units of dwelling space, which shall include a multiple dwelling that is held under a condominium or cooperative form of ownership, a mutual housing corporation, or a mixed-use development, the developer or owner, as applicable, shall:
(a)
Prepare as make-ready parking spaces at least 15% of the required off-street parking spaces, and install EVSE in at least 1/3 of the 15% of make-ready parking spaces;
(b)
Within three years following the date of the issuance of the certificate of occupancy, install EVSE in an additional 1/3 of the original 15% of make-ready parking spaces; and
(c)
Within six years following the date of the issuance of the certificate of occupancy, install EVSE in the final 1/3 of the original 15% of make-ready parking spaces.
(d)
Throughout the installation of EVSE in the make-ready parking spaces, at least 5% of the electric vehicle supply equipment shall be accessible for people with disabilities.
(e)
Nothing in this subsection shall be construed to restrict the ability to install electric vehicle supply equipment or make-ready parking spaces at a faster or more expansive rate than as required above.
(2)
As a condition of preliminary site plan approval, each application involving a parking lot or garage not covered in Subsection D(1) above shall:
(a)
Install at least one make-ready parking space if there will be 50 or fewer off-street parking spaces.
(b)
Install at least two make-ready parking spaces if there will be 51 to 75 off-street parking spaces.
(c)
Install at least three make-ready parking spaces if there will be 76 to 100 off-street parking spaces.
(d)
Install at least four make-ready parking spaces, at least one of which shall be accessible for people with disabilities, if there will be 101 to 150 off-street parking spaces.
(e)
Install at least 4% of the total parking spaces as make-ready parking spaces, at least 5% of which shall be accessible for people with disabilities, if there will be more than 150 off-street parking spaces.
(f)
In lieu of installing make-ready parking spaces, a parking lot or garage may install EVSE to satisfy the requirements of this subsection.
(g)
Nothing in this subsection shall be construed to restrict the ability to install electric vehicle supply equipment or make-ready parking spaces at a faster or more expansive rate than as required above.
(h)
Notwithstanding the provisions of this section, a retailer that provides 25 or fewer off-street parking spaces or the developer or owner of a single-family home shall not be required to provide or install any electric vehicle supply equipment or make-ready parking spaces.
E.
Minimum parking requirements.
(1)
All parking spaces with EVSE and make-ready equipment shall be included in the calculation of minimum required parking spaces, pursuant to Chapter 92 of the Township of East Amwell Code.
(2)
A parking space prepared with EVSE or make-ready equipment shall count as at least two parking spaces for the purpose of complying with a minimum parking space requirement. This shall result in a reduction of no more than 10% of the total required parking.
(3)
All parking space calculations for EVSE and make-ready equipment shall be rounded up to the next full parking space.
F.
Reasonable standards for all new EVSE and make-ready parking spaces.
(1)
Location and layout of EVSE and make-ready parking spaces is expected to vary based on the design and use of the primary parking area. It is expected flexibility will be required to provide the most convenient and functional service to users. Standards and criteria should be considered guidelines and flexibility should be allowed when alternatives can better achieve objectives for provision of this service.
(2)
Installation.
(a)
Installation of EVSE and make-ready parking spaces shall meet the electrical subcode of the Uniform Construction Code, N.J.A.C. 5:23-3.16.
(b)
Each EVSE or make-ready parking space that is not accessible for people with disabilities shall be not less than nine feet wide or 18 feet in length. Exceptions may be made for existing parking spaces or parking spaces that were part of an application that received prior site plan approval.
(c)
To the extent practical, the location of accessible parking spaces for people with disabilities with EVSE and make-ready equipment shall comply with the general accessibility requirements of the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.
(d)
Each EVSE or make-ready parking space that is accessible for people with disabilities shall comply with the sizing of accessible parking space requirements in the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.
(e)
To further encourage accessibility, the Township of East Amwell seeks diversified EVSE installation to accommodate all makes and models of electric vehicles. When possible and practical, EVSE installation should include the broadest possible compatibility for all electric vehicles. This applies to the level of the charging station, charging station connector compatibility, and charging station manufacturer. When a property owner or developer installs publicly accessible EVSEs and/or make-ready parking spaces, those units or collection of units should be functional and compatible for as many makes and models of electric vehicles as possible to ensure a wide range of compatibility.
(3)
EVSE parking.
(a)
Publicly accessible EVSE shall be reserved for parking and charging electric vehicles only. Electric vehicles shall be connected to the EVSE.
(b)
Electric vehicles may be parked in any parking space designated for parking, subject to the restrictions that would apply to any other vehicle that would park in that space.
(c)
Public parking. Pursuant to NJSA 40:48-2, publicly accessible EVSE parking spaces shall be monitored by the New Jersey State Police and enforced in the same manner as any other parking. It shall be a violation of this section to park or stand a nonelectric vehicle in such a space, or to park an electric vehicle in such a space when it is not connected to the EVSE. Any nonelectric vehicle parked or standing in a EVSE parking space or any electric vehicle parked and not connected to the EVSE shall be is subject to fine and/or impoundment of the offending vehicle. Signage indicating the penalties for violations shall comply with Subsection F(5) below. Any vehicle parked in such a space shall make the appropriate payment for the space and observe the time limit for the underlying parking area, if applicable.
(d)
Private parking. The use of EVSE shall be monitored by the property owner or designee.
(4)
Safety.
(a)
Each publicly accessible EVSE shall be located at a parking space that is designated for electric vehicles only and identified by green painted pavement and/or curb markings, a green painted charging pictograph symbol, and appropriate signage pursuant to Subsection F(5) below.
(b)
Where EVSE is installed, adequate site lighting and landscaping shall be provided in accordance with the Township of East Amwell's ordinances and regulations.
(c)
Adequate EVSE protection such as concrete-filled steel bollards shall be used for publicly accessible EVSE. Nonmountable curbing may be used in lieu of bollards if the EVSE is setback a minimum of 24 inches from the face of the curb. Any stand-alone EVSE bollards should be three feet to four feet high with concrete footings placed to protect the EVSE from accidental impact and to prevent damage from equipment used for snow removal.
(d)
EVSE outlets and connector devices shall be no less than 36 inches and no higher than 48 inches from the ground or pavement surface where mounted, and shall contain a cord management system as described in Subsection F(4)(e) below. Equipment mounted on pedestals, lighting posts, bollards, or other devices shall be designated and located as to not impede pedestrian travel, create trip hazards on sidewalks, or impede snow removal.
(e)
Each EVSE shall incorporate a cord management system or method to minimize the potential for cable entanglement, user injury, or connector damage. Cords shall be retractable or have a place to hang the connector and cord a safe and sufficient distance above the ground or pavement surface. Any cords connecting the charger to a vehicle shall be configured so that they do not cross a driveway, sidewalk, or passenger unloading area.
(f)
Where EVSE is provided within a pedestrian circulation area, such as a sidewalk or other accessible route to a building entrance, the EVSE shall be located so as not to interfere with accessibility requirements of the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.
(g)
Publicly accessible EVSEs shall be maintained in all respects, including the functioning of the equipment. A twenty-four-hour on-call contact shall be provided on the equipment for reporting problems with the equipment or access to it. To allow for maintenance and notification, the Township of East Amwell shall require the owners/designee of publicly accessible EVSE to provide information on the EVSE's geographic location, date of installation, equipment type and model, and owner contact information.
(5)
Signs.
(a)
Publicly accessible EVSE shall have posted regulatory signs, as identified in this section, allowing only charging electric vehicles to park in such spaces. For purposes of this section, "charging" means that an electric vehicle is parked at an EVSE and is connected to the EVSE. If time limits or vehicle removal provisions are to be enforced, regulatory signs including parking restrictions shall be installed immediately adjacent to, and visible from the EVSE. For private EVSE, installation of signs and sign text is at the discretion of the owner.
(b)
All regulatory signs shall comply with visibility, legibility, size, shape, color, and reflectivity requirements contained within the Federal Manual on Uniform Traffic Control Devices as published by the Federal Highway Administration.
(c)
Wayfinding or directional signs, if necessary, shall be permitted at appropriate decision points to effectively guide motorists to the EVSE parking space(s). Wayfinding or directional signage shall be placed in a manner that shall not interfere with any parking space, drive lane, or exit and shall comply with Subsection F(5)(b) above.
(d)
In addition to the signage described above, the following information shall be available on the EVSE or posted at or adjacent to all publicly accessible EVSE parking spaces:
(6)
Usage fees.
(a)
For publicly accessible municipal EVSE. In addition to any parking fees, the fee to use parking spaces within the municipality identified as EVSE spaces be $0.05 for each minute that the electric vehicle is connected to the EVSE for a Level 2 charging station and $0.25 per minute for a Level 3 charging station.
(b)
This fee may be amended by a resolution adopted by the governing body.
(c)
Private EVSE. Nothing in this section shall be deemed to preclude a private owner/designee of an EVSE from collecting a fee for the use of the EVSE, in accordance with applicable state and federal regulations. Fees shall be available on the EVSE or posted at or adjacent to the EVSE parking space.