58 - ZONING—DESIGN AND USE STANDARDS GENERALLY
A.
Structures Prohibited by Streams or on Land with High Water Tables. No structure shall be built within fifty (50) feet of the bed of any stream carrying water on an average of six months of the year. No building shall be constructed on land subject to periodic overflow or on land which has an average water table within two feet of the ground surface.
B.
Removal of Topsoil. No person shall strip, excavate or otherwise remove topsoil for sale or other use other than on the premises from which taken, except in connection with the construction or alteration of a building on the premises and excavating or grading incidental thereto.
(Prior code § 14-3.1)
No commercial vehicle shall be parked out-of-doors overnight or on Sunday in any residential zone. Not more than one commercial vehicle of not more than one-ton manufacturer's rated capacity may be garaged on each lot in a residential zone. No display vehicles for commercial purposes shall remain in any district for longer than a twenty-four (24) hour period.
(Prior code § 14-3.2)
A.
Front Yards. No front yard shall be used for open storage of portable pools, vehicles, boats or any equipment, except that parking of vehicles is permitted in driveways.
B.
Side Yards. No side yard shall be used for open storage of house trailers, camp cars, vehicles or boats.
C.
Landscaping. All open storage areas shall be properly landscaped.
(Prior code § 14-3.3)
The following uses of any real property within the township shall be prohibited:
A.
Barns, structures of a temporary nature, tents or trailers for sleeping or dwelling purposes, except that short-term camping in approved camping areas shall be permitted;
B.
Conducting or operating trailer parks, trailer camps or camp parks;
C.
Junkyards, dumps or any public or private use of that nature, except that the township may operate and maintain sanitary landfills;
D.
Gravel pits, sand pits, topsoil or turf removal or other similar surface stripping.
(Prior code § 14-3.4)
A.
Permitted in All Zones. The right to farm all land within the township is recognized to exist as a natural right and those farms presently in existence are recognized as a permitted use throughout the township, regardless of zoning designation and regardless of the specified uses and prohibited uses set forth elsewhere in this zoning code or in the separate land use pamphlet.
B.
Right to Use All Farming Equipment and Procedures. The right to farm shall include the use of large irrigation pumps and equipment, aerial and ground seeding, spraying, large tractors, numerous farm laborers and the application of chemical fertilizers, insecticides and herbicides, all for the purpose of producing from the land agricultural products, such as vegetables, grains, hay, fruits, fibers, wood, trees, plants, shrubs, flowers and seeds. The right to farm shall also include the use of land for grazing by animals.
C.
Farming Permitted at All Times—Not to Constitute Nuisance. The foregoing uses and activities included in the right to farm may occur on holidays, Sundays and weekdays, in the evening and during the day, and the noise, odors, dust and fumes that are caused by such uses are also specifically permitted as part of the exercise of this right to farm when reasonable and necessary for that particular farming, livestock or fowl production procedures, and when conducted in accordance with generally accepted agricultural practices.
D.
Exceptions. The above rights are subject only to the restrictions and regulations for intensive fowl or livestock farms and subject to state and township health and sanitary codes.
E.
Industrial Uses Detrimental to Farming Prohibited. A use shall not be allowed in the industrial zone if it is determined by either the planning board or the township committee that the discharges from any industrial operation will adversely affect the environment, particularly the farming operations in existence within the township.
(Prior code § 14-3.5)
A.
Height Restrictions. The erection of any type of personal communication antenna for the transmission or reception of radio waves, including, but not limited to, antennae utilized by ham radio and civilian band width booster operators, shall be limited to sixty (60) feet in height, to be measured from the ground to the highest point of the antenna.
B.
Setback. Any antenna extending upward from the top of a building or from ground level shall be set back from every lot line a distance equal to its height above the building, if on a building, and a distance equal to its height from mean ground level, if free standing, so that a neighboring property will not be damaged in the event that an antenna falls.
C
Application. The height restrictions stated in subsections A and B of this section, are applicable to all antennae construction which occurs after the adoption of this section, as well as the replacement of any antennae which were originally installed prior to the passage of this chapter.
D.
Commercial Antennae. No commercial antennae are to be constructed in the township after the passage of this section. "Commercial antenna" is defined as any combination of antennae support, accessory structures and buildings, and antennae designed, in whole or in part, for the reception and/or transmission of radio frequency energy as part of a licensed radio, TV or microwave facility employed for commercial use. This term shall include such devices as are employed by nonprofit or religious stations not licensed under the amateur or CB regulations of the Federal Communications Commission.
E.
Signs. No antennae located in the township, regardless of when it was erected, shall be used as a sign or as a supporting structure for any sign or lettering.
F.
Violation and Penalty.
1.
Notice of Violation. Any person who shall violate any provision of this section shall receive written notice from the township zoning officer setting forth the specific violation.
2.
Correction of Violation. The property owner/antenna owner shall have five days after receipt of the notice in which to correct the violation or a summons shall be issued and a penalty shall be assessed, if the court so finds, commencing on the sixth day of the violation and continuing every day thereafter until the violation ceases.
3.
Penalties. Any person who violates any provisions of this section, if convicted, shall be subject to a penalty of up to five hundred dollars ($500.00) and/or a thirty (30) day jail term. Each day that a violation is in existence shall be considered a separate violation for the purposes of the penalty provision.
(Prior code § 14-3.6)
A.
Definitions.
"Trailer" means any structure designed for mounting upon wheels and capable of moving or traveling under its own power. Such trailers are normally connected to a cab or motorized unit for traveling or hauling but not necessarily.
B.
Storage of Trailers Prohibited.
1.
It is unlawful for any individual to store upon any lands within this township any trailer, whether attached or unattached to a cab or motorized unit. It shall further be unlawful to use any such unit for the storage of any goods or objects within this township.
2.
It shall be presumed that any individual is storing any trailer in violation of this section when the trailer shall remain in a stationary position for more than twenty-four (24) hours upon any private or public lands within the township limits. The twenty-four (24) hour period shall begin to run when notice of the trailer is brought to the attention of a local law enforcement agency or any member of the township committee.
C.
Exceptions.
1.
Any trailer being used in connection with any temporary function which is sanctioned by the township, provided the proper permits have been applied for and obtained;
2.
All township fire company or first aid equipment;
3.
Any temporary construction trailers and equipment when used in conjunction with a construction project, provided the proper permits have been applied for and obtained;
4.
All dumpsters used in conjunction with a duly licensed business operation;
5.
This subsection shall not apply to any trailer, container or other equipment used by the township or any other person, organization or entity with the approval of the township for the storage of recyclable material.
D.
Permitted Use Restrictions—Enforcement.
1.
Any person obtaining a permit to allow a trailer to remain on the private or public lands of the township shall be subject to the following restrictions:
a.
An application for a permit to keep a trailer upon the lands shall be made directly to the planning board before any trailer is placed upon the land.
b.
It is within the discretion of the planning board to determine the following with respect to the trailer:
i.
The length of time the trailer will remain stationary, but in no event is the board to allow the trailer to remain on the land for a period exceeding one year from issue of the permit. In those instances where it is foreseeable that the period of time will exceed one year, reapplication for another extended period not to exceed one year must be made thirty (30) days prior to the expiration of the existing permit.
ii.
The dimensions of the trailer. In no event shall the trailer exceed twelve (12) feet in length, eight feet in width or seven feet in height or be disproportionate to the property upon which it is to be placed or those fixtures already upon the land;
iii.
If the purpose for placement of the trailer is storage or a combination of office/ storage, the types of material permitted to be stored within shall be within the discretion of the board. However, in no event will the storage of combustible or flammable materials, materials emitting a noxious odor, or materials which endanger the health, safety and welfare of the community be allowed to be stored within such trailer. Furthermore, if reasonable suspicion exists that materials are being stored in violation of the permit, authorities are allowed to inspect, at a reasonable time, the contents of the trailer to determine compliance with the permit.
iv.
Before any permit is issued, evidence of a bond posted to cover the cost of the removal of the trailer shall be presented to the board. The bond shall be' required to remain in effect for the entire period within which the trailer will remain on the land, including any extension periods granted by the board.
E.
Permit Fee Application—Escrow Deposit.
1.
The permit fee application/escrow deposit shall be two hundred dollars ($200.00) and shall cover the cost of the application to the planning board.
2.
Any unused portion of the application! escrow shall be returned to the applicant upon removal of the trailer.
F.
Violations and Penalties. Any individual violating any of the provisions of this section, upon conviction thereof, shall be subject to a fine not exceeding five hundred dollars ($500.00) or imprisonment for a term not exceeding thirty (30) days or both. Each and every day that the violation continues or exists shall be considered a separate and distinct violation and not as a continuing offense.
(Prior code § 14-3.7)
A.
Community Residences. In accordance with N.J.S.A. 40:55D-66.1 and N.J.S.A. 40:55D-66.2, community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill and community residences for persons with head injuries shall be permitted uses in all residential districts if they house fifteen (15) persons or less.
B.
Day Care Homes. In accordance with N.J.S.A. 40:55D-66.5a, et seq., family day care homes shall be permitted uses in all residential districts and child care centers licensed by the Department of Human Services shall be permitted uses in all nonresidential districts.
(Ord. 30-2001: prior code § 14-3.8)
58 - ZONING—DESIGN AND USE STANDARDS GENERALLY
A.
Structures Prohibited by Streams or on Land with High Water Tables. No structure shall be built within fifty (50) feet of the bed of any stream carrying water on an average of six months of the year. No building shall be constructed on land subject to periodic overflow or on land which has an average water table within two feet of the ground surface.
B.
Removal of Topsoil. No person shall strip, excavate or otherwise remove topsoil for sale or other use other than on the premises from which taken, except in connection with the construction or alteration of a building on the premises and excavating or grading incidental thereto.
(Prior code § 14-3.1)
No commercial vehicle shall be parked out-of-doors overnight or on Sunday in any residential zone. Not more than one commercial vehicle of not more than one-ton manufacturer's rated capacity may be garaged on each lot in a residential zone. No display vehicles for commercial purposes shall remain in any district for longer than a twenty-four (24) hour period.
(Prior code § 14-3.2)
A.
Front Yards. No front yard shall be used for open storage of portable pools, vehicles, boats or any equipment, except that parking of vehicles is permitted in driveways.
B.
Side Yards. No side yard shall be used for open storage of house trailers, camp cars, vehicles or boats.
C.
Landscaping. All open storage areas shall be properly landscaped.
(Prior code § 14-3.3)
The following uses of any real property within the township shall be prohibited:
A.
Barns, structures of a temporary nature, tents or trailers for sleeping or dwelling purposes, except that short-term camping in approved camping areas shall be permitted;
B.
Conducting or operating trailer parks, trailer camps or camp parks;
C.
Junkyards, dumps or any public or private use of that nature, except that the township may operate and maintain sanitary landfills;
D.
Gravel pits, sand pits, topsoil or turf removal or other similar surface stripping.
(Prior code § 14-3.4)
A.
Permitted in All Zones. The right to farm all land within the township is recognized to exist as a natural right and those farms presently in existence are recognized as a permitted use throughout the township, regardless of zoning designation and regardless of the specified uses and prohibited uses set forth elsewhere in this zoning code or in the separate land use pamphlet.
B.
Right to Use All Farming Equipment and Procedures. The right to farm shall include the use of large irrigation pumps and equipment, aerial and ground seeding, spraying, large tractors, numerous farm laborers and the application of chemical fertilizers, insecticides and herbicides, all for the purpose of producing from the land agricultural products, such as vegetables, grains, hay, fruits, fibers, wood, trees, plants, shrubs, flowers and seeds. The right to farm shall also include the use of land for grazing by animals.
C.
Farming Permitted at All Times—Not to Constitute Nuisance. The foregoing uses and activities included in the right to farm may occur on holidays, Sundays and weekdays, in the evening and during the day, and the noise, odors, dust and fumes that are caused by such uses are also specifically permitted as part of the exercise of this right to farm when reasonable and necessary for that particular farming, livestock or fowl production procedures, and when conducted in accordance with generally accepted agricultural practices.
D.
Exceptions. The above rights are subject only to the restrictions and regulations for intensive fowl or livestock farms and subject to state and township health and sanitary codes.
E.
Industrial Uses Detrimental to Farming Prohibited. A use shall not be allowed in the industrial zone if it is determined by either the planning board or the township committee that the discharges from any industrial operation will adversely affect the environment, particularly the farming operations in existence within the township.
(Prior code § 14-3.5)
A.
Height Restrictions. The erection of any type of personal communication antenna for the transmission or reception of radio waves, including, but not limited to, antennae utilized by ham radio and civilian band width booster operators, shall be limited to sixty (60) feet in height, to be measured from the ground to the highest point of the antenna.
B.
Setback. Any antenna extending upward from the top of a building or from ground level shall be set back from every lot line a distance equal to its height above the building, if on a building, and a distance equal to its height from mean ground level, if free standing, so that a neighboring property will not be damaged in the event that an antenna falls.
C
Application. The height restrictions stated in subsections A and B of this section, are applicable to all antennae construction which occurs after the adoption of this section, as well as the replacement of any antennae which were originally installed prior to the passage of this chapter.
D.
Commercial Antennae. No commercial antennae are to be constructed in the township after the passage of this section. "Commercial antenna" is defined as any combination of antennae support, accessory structures and buildings, and antennae designed, in whole or in part, for the reception and/or transmission of radio frequency energy as part of a licensed radio, TV or microwave facility employed for commercial use. This term shall include such devices as are employed by nonprofit or religious stations not licensed under the amateur or CB regulations of the Federal Communications Commission.
E.
Signs. No antennae located in the township, regardless of when it was erected, shall be used as a sign or as a supporting structure for any sign or lettering.
F.
Violation and Penalty.
1.
Notice of Violation. Any person who shall violate any provision of this section shall receive written notice from the township zoning officer setting forth the specific violation.
2.
Correction of Violation. The property owner/antenna owner shall have five days after receipt of the notice in which to correct the violation or a summons shall be issued and a penalty shall be assessed, if the court so finds, commencing on the sixth day of the violation and continuing every day thereafter until the violation ceases.
3.
Penalties. Any person who violates any provisions of this section, if convicted, shall be subject to a penalty of up to five hundred dollars ($500.00) and/or a thirty (30) day jail term. Each day that a violation is in existence shall be considered a separate violation for the purposes of the penalty provision.
(Prior code § 14-3.6)
A.
Definitions.
"Trailer" means any structure designed for mounting upon wheels and capable of moving or traveling under its own power. Such trailers are normally connected to a cab or motorized unit for traveling or hauling but not necessarily.
B.
Storage of Trailers Prohibited.
1.
It is unlawful for any individual to store upon any lands within this township any trailer, whether attached or unattached to a cab or motorized unit. It shall further be unlawful to use any such unit for the storage of any goods or objects within this township.
2.
It shall be presumed that any individual is storing any trailer in violation of this section when the trailer shall remain in a stationary position for more than twenty-four (24) hours upon any private or public lands within the township limits. The twenty-four (24) hour period shall begin to run when notice of the trailer is brought to the attention of a local law enforcement agency or any member of the township committee.
C.
Exceptions.
1.
Any trailer being used in connection with any temporary function which is sanctioned by the township, provided the proper permits have been applied for and obtained;
2.
All township fire company or first aid equipment;
3.
Any temporary construction trailers and equipment when used in conjunction with a construction project, provided the proper permits have been applied for and obtained;
4.
All dumpsters used in conjunction with a duly licensed business operation;
5.
This subsection shall not apply to any trailer, container or other equipment used by the township or any other person, organization or entity with the approval of the township for the storage of recyclable material.
D.
Permitted Use Restrictions—Enforcement.
1.
Any person obtaining a permit to allow a trailer to remain on the private or public lands of the township shall be subject to the following restrictions:
a.
An application for a permit to keep a trailer upon the lands shall be made directly to the planning board before any trailer is placed upon the land.
b.
It is within the discretion of the planning board to determine the following with respect to the trailer:
i.
The length of time the trailer will remain stationary, but in no event is the board to allow the trailer to remain on the land for a period exceeding one year from issue of the permit. In those instances where it is foreseeable that the period of time will exceed one year, reapplication for another extended period not to exceed one year must be made thirty (30) days prior to the expiration of the existing permit.
ii.
The dimensions of the trailer. In no event shall the trailer exceed twelve (12) feet in length, eight feet in width or seven feet in height or be disproportionate to the property upon which it is to be placed or those fixtures already upon the land;
iii.
If the purpose for placement of the trailer is storage or a combination of office/ storage, the types of material permitted to be stored within shall be within the discretion of the board. However, in no event will the storage of combustible or flammable materials, materials emitting a noxious odor, or materials which endanger the health, safety and welfare of the community be allowed to be stored within such trailer. Furthermore, if reasonable suspicion exists that materials are being stored in violation of the permit, authorities are allowed to inspect, at a reasonable time, the contents of the trailer to determine compliance with the permit.
iv.
Before any permit is issued, evidence of a bond posted to cover the cost of the removal of the trailer shall be presented to the board. The bond shall be' required to remain in effect for the entire period within which the trailer will remain on the land, including any extension periods granted by the board.
E.
Permit Fee Application—Escrow Deposit.
1.
The permit fee application/escrow deposit shall be two hundred dollars ($200.00) and shall cover the cost of the application to the planning board.
2.
Any unused portion of the application! escrow shall be returned to the applicant upon removal of the trailer.
F.
Violations and Penalties. Any individual violating any of the provisions of this section, upon conviction thereof, shall be subject to a fine not exceeding five hundred dollars ($500.00) or imprisonment for a term not exceeding thirty (30) days or both. Each and every day that the violation continues or exists shall be considered a separate and distinct violation and not as a continuing offense.
(Prior code § 14-3.7)
A.
Community Residences. In accordance with N.J.S.A. 40:55D-66.1 and N.J.S.A. 40:55D-66.2, community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill and community residences for persons with head injuries shall be permitted uses in all residential districts if they house fifteen (15) persons or less.
B.
Day Care Homes. In accordance with N.J.S.A. 40:55D-66.5a, et seq., family day care homes shall be permitted uses in all residential districts and child care centers licensed by the Department of Human Services shall be permitted uses in all nonresidential districts.
(Ord. 30-2001: prior code § 14-3.8)