Edgewater Park City Zoning Code
PART 3
Zoning
§ 310-13-1 Compliance required.
Hereafter, no land shall be used or occupied and no building or structure shall be erected, altered, used or occupied except in conformity with the regulations herein established for the district in which such land, building or structure is located. In cases of mixed use or occupancy, the regulations for each use shall apply to the portion of the building or land so used or occupied.
§ 310-13-2 Prohibited uses.
A.
No building or structure may be erected, altered or used, and no lot or premises may be used for any use which is likely to create conditions of hazards, smoke, fumes, noise, odor or dust or other noxious or offensive conditions detrimental to the health, safety or general welfare of the surrounding area. All uses shall be subject to such firesafety conditions as are approved by the Construction Official. In determining whether a proposed use is noxious, hazardous or offensive, the following standards shall apply. The proposed use, facility or operations shall not:
(1)
Constitute a public nuisance beyond the boundary of the site on which the use is located, by reason of dissemination of noxious, toxic or corrosive fumes, smoke, odor or dust.
(2)
Result in noise or vibration exceeding the average intensity of noise or vibration occurring from other causes at the boundary line of the site on which the use is located.
(3)
Endanger surrounding areas by reason of fire or explosion.
(4)
Produce objectionable heat or glare.
(5)
Result in electrical disturbances in nearby residences.
(6)
Contribute to the pollution of waters.
(7)
Create an objectionable traffic condition on the street or in an adjacent area.
(8)
Create any other objectionable condition in an adjoining area which will endanger public health and safety or be detrimental to the proper use of the surrounding area.
B.
All uses not expressly permitted in this chapter are prohibited.
C.
The following uses are expressly prohibited:
(1)
Automobile wrecking yard, junkyards or junk business.
(2)
Sanitary landfills, garbage dumps, refuse dumps, disposal sites for solid and liquid materials and dumps for hazardous wastes.
(3)
Acetylene manufacture or warehouse storage.
(4)
Asphalt or coal tar manufacture or refining.
(5)
Creosote manufacture or treatment.
(6)
Celluloid manufacture or storage or rubber manufacture.
(7)
Fat rendering, soap, tallow, grease or lard manufacture or refining.
(8)
Abattoir or stockyards.
(9)
Animal black, lampblack or bone black manufacture.
(10)
Crematory.
(11)
Oilcloth or linoleum manufacture.
(12)
Potash works.
(13)
Gas manufacture or storage in excess of 10,000 cubic feet.
(14)
Match manufacture.
(15)
Tanning, curling or storage of raw hides.
(16)
Tar distillation or manufacture.
(17)
Petroleum refining or processing.
(18)
Storage of gasoline or petroleum products in excess of 10,000 gallons above ground.
(19)
Fertilizer manufacture.
(20)
Explosive manufacture or storage including, but not limited to, gunpowder, fireworks, etc.
(21)
Manufacture or warehouse storage of combustible inflammable or volatile materials; those uses which may be noxious or offensive by reason of the emission of odor, gas, smoke, dust, vibration or noise; and those uses which constitute an unusual fire or explosive hazard.
(22)
The keeping or maintaining of poultry, pigeons and livestock, except horses, as permitted herein.
(23)
Storage or use of motor vehicles, trailers or other types of vehicles for residential or commercial purposes on vacant lots or unoccupied lots or any portion thereof, except temporarily (not more than 15 days) on a lot used for the temporary parking of automobiles.
§ 310-13-3 Nonconforming uses, buildings and structures.
A.
The lawful use of land existing at the time of the adoption of this chapter or of an amendment thereto, although such use does not conform to the provisions hereof, may be continued.
B.
The lawful use of a building or structure existing at the time of the adoption of this chapter or of an amendment thereto, although such use does not conform to the provisions hereof, may be continued.
C.
Whenever a nonconforming use of a building has been changed to a more restrictive use or to a conforming use, such use shall not thereafter be changed to a less restrictive use or revert to its former nonconforming use.
D.
Whenever a nonconforming use of a building or structure or portion thereof has been abandoned, such nonconforming use shall not thereafter be reestablished, and the future use shall conform to the provisions of this chapter. If a use has not been actively used for a period of 24 months, it shall be considered abandoned.
E.
Procedure for evaluating substantial destruction. Any nonconforming building, 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 the opinion of the Construction Official, the cost of repair is greater than 50% of the value of replacing the entire structure, it shall be considered completely destroyed and may be rebuilt to the original specifications only upon the granting of a variance. If the cost of repair is less than 50% of the value of replacing the entire structure, it may be rebuilt and used for the same purpose as before, provided it is rebuilt within one year and does not exceed the height, area and volume of the original structure. The percent damaged shall be the current replacement costs of the portion damaged or condemned, computed as a percentage of the current total replacement cost of the entire structure, not to include the cost of the foundation unless the foundation is involved in the repair. Residential properties that have been substantially damaged shall be allowed to rebuild, without regard to the percentage of destruction, provided that the rebuilding shall conform to the prior existing footprint, setback and lot coverage conditions. Any rebuild, however, shall comply with the current height limitations established by ordinance.
F.
Repairs and maintenance work required to keep a structure in sound condition may be made to a nonconforming structure or structure containing a nonconforming use. However, no nonconforming structure or structure containing a nonconforming use shall be enlarged, extended, constructed, reconstructed or structurally altered in any manner without an appeal for variance relief.
G.
A nonconforming use of any building, structure or land shall not be increased, enlarged or changed in any manner whatsoever.
H.
No building which a nonconforming use exists shall be enlarged, extended or structurally altered in any manner; provided, however, that:
(1)
Nothing herein shall prevent the repair and maintenance of any building wherein there exists a nonconforming use, provided that such maintenance and repair does not in any way constitute or result in a further extension of a nonconforming use.
(2)
Minor alterations and improvements which do no constitute or require structural changes may be made in or to a building wherein a nonconforming use exists, provided that such nonconforming use will not be increased, extended or enlarged thereby.
(3)
Nothing herein shall prevent the strengthening or restoration to a safe and lawful condition of any part of any building which is nonconforming.
I.
Structural alterations, internal rearrangements and renovations may be made in a building or structure which is nonconforming because it fails to comply with the height, area, yard, off-street parking or other like requirements of this chapter, other than use, so long as the structural alteration or increase, internal rearrangement or renovation does not extend or enlarge the nonconformance of said building or structure.
J.
A nonconforming use changed or altered to a conforming use may not thereafter be changed back to a nonconforming use.
K.
When an improved lot in a residential zone exists as a separate isolated lot under separate ownership and does not adjoin any vacant land or vacant lot of the same owner, and such improved lot is nonconforming due to size, shape, area or setback; any existing residential building or structure on the lot may be further improved, provided that:
§ 310-13-4 Lot regulations.
A.
Every lot shall include front, side and rear yards having the areas and dimensions required within the particular zone in which such lot is located.
B.
No yard or other open space provided for any building for the purpose of complying with the provisions of this article shall be considered as providing a yard or other open space for any other building.
C.
No land in a residential zone shall be used to fulfill open space, minimum area, minimum yard and/or setback requirements, parking or other similar requirements for any nonresidential use in a nonresidential zone.
D.
Where there is a question as to the suitability of a lot or lots for their intended use due to factors such as flood conditions or similar circumstances, the Board may, after adequate investigation, withhold approval of such lots.
E.
In the case of a through lot, the front lot line of such lot, for the purposes of this article, shall be considered that line upon which the majority of the buildings in the same block front, but in case there has been no clearly defined frontage established, the front lot line shall be the line upon which the primary entrance of the principal building faces, or will face when constructed.
F.
Flag lots shall be prohibited.
§ 310-13-5 Yard regulations.
A.
Projections and encroachments. Minimum required yards shall be entirely free of buildings, structures (excluding parking) or parts thereof and no building or structure shall project into any minimum required front, side or rear yard nor shall any use be made of any such yard, except as follows:
(1)
Access accommodations for handicapped or disabled persons such as ramps and/or lifts may be constructed in the required side or rear yards of an existing one- or two-family residence, provided that at least one foot between the property line and the appurtenance is provided for ramps, and five feet for lifts, for maintenance purposes. Encroachments onto neighboring properties, easements or rights-of-way shall be permitted only with express permission of the property, easement or right-of-way owner.
(2)
Cornices and eaves may project not more than two feet into any required yard.
(3)
Sills, leaders and similar ornamental or structural features may project six inches into any required yard.
(4)
An open fire escape may project into a required rear yard not more than four feet.
(5)
Bay windows may project no more than three feet into a required rear yard.
(6)
Decks, balconies and patios over two feet in height shall be considered part of the principal building; however, these structures may encroach five feet into the required rear yard setback.
(7)
A chimney may project into any required rear yard, provided that the projection does not exceed two feet.
(8)
Uncovered steps may project not more than five feet into any required front and rear yard, and not more than three feet into any required side yard.
(9)
Freestanding flagpoles are permitted in any required front and rear yard, but must be set back five feet from any property line and shall not exceed a height of 20 feet in a residential zoning district and 35 feet in a nonresidential zoning district.
(10)
Window wells affording light and air to basement and cellar areas are permitted in all required yards.
B.
Drive-throughs and loading areas shall not be located in the front yard.
C.
Yards abutting navigable waters. When side or rear yards of lots abut navigable waters, as determined by the Board Engineer, the respective side and rear yard minimum requirements shall not apply.
§ 310-13-6 Frontage upon a street.
A.
Every principal building shall be built upon a lot having minimum street frontage equal to the required minimum lot width upon an approved street which shall be improved in accordance with street standards established by the Township of Edgewater Park or the Residential Site Improvement Standards (RSIS), as applicable.
B.
Where extra width has been dedicated for widening of existing streets, lots shall begin at such extra width line, and all setbacks shall be measured from such line.
C.
Reversed frontage lots. For developments situated along county roadways or other collector or arterial routes, the Board may require frontage reversal away from the collector or arterial roadway onto a separate access road. Reversed frontage lots shall be designed with minimum three-foot-high berming, minimum five-foot-high continuous evergreen landscaping, minimum five-foot-high board-on-board fencing, or any combination thereof, along all boundaries common to the major roadway, whose purpose shall be the visual screening of roadway traffic perspectives from the lot interior and the perception of the details of the lot usage from the traveled major roadway.
§ 310-13-7 Principal buildings.
Only one principal building may be erected on each lot in all residential zones except for those zones that permit multifamily dwellings. In all other zones, related compatible buildings under one management may be erected, used or occupied, provided that all yard, open space, setback and coverage requirements of this article are met.
§ 310-13-8 Height exceptions.
A.
Appurtenances attached to principal structures. Church spires, belfries, domes or antennas attached to buildings, penthouses (not for human occupancy), chimneys, ventilators, skylights, water tanks, bulkheads and necessary mechanical appurtenances usually carried above roof level shall not be considered when determining the height of the building, and are not subject to height limitations, except that such features shall not exceed 20% of total roof area and shall not exceed a height such as is necessary to accomplish the purpose for which it is intended to serve.
B.
Freestanding noncommercial accessory structures. Water towers, radio and television antennas which are erected as freestanding structures may be erected to a height which can be demonstrated to the Board is necessary to accomplish their intended function. Federally licensed amateur radio facilities shall be subject to Federal Communications Commission rules (47 CFR, Part 97) which govern the height of licensed amateur operator radio antennas. The height of the tower or antennas shall conform with U.S. Federal Communications Commission Regulations governing licensed amateur radio operators and, if required, Federal Aviation Administration (FAA) notification and FCC approval. All freestanding noncommercial accessory structures shall not be located within any required front, side or rear yard setback areas and shall be subject to the structural provisions of the New Jersey Uniform Construction Code.
§ 310-13-9 Outdoor storage.
A.
No flammable or explosive liquids, solids or gases shall be stored above ground unless as otherwise required by applicable federal, state or local regulations.
B.
All outdoor storage facilities shall be enclosed by a fence or wall adequate to conceal such facilities and the contents thereof from adjacent property and shall meet all required accessory building setbacks for the zone in which located. No outdoor storage shall be located in the front yard of a property. This provision shall not apply to outdoor storage of new cars or other vehicles on the premises of an automotive dealer.
C.
No materials or wastes shall be stored on any premises in such form or manner that they may be transferred off such premises by natural causes or forces.
D.
All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible by or otherwise be attractive to rodents or insects shall be stored outdoors only in closed containers.
§ 310-13-10 Christmas tree sales.
The sale of Christmas trees shall be permitted as an accessory use in any nonresidential zone provided that the following standards are met:
A.
A mercantile license shall be obtained for the use and any office trailers, except where exempted by Township Committee.
B.
The applicant shall demonstrate that sufficient on-site parking is provided for the use and that safe ingress and egress is possible.
C.
Any temporary office trailer shall be located within the setback lines of the property. Such a trailer shall only be allowed on the property during the month of December.
D.
Any additional lighting installed on the property for the use shall not spill over onto the adjacent properties or roadway.
E.
The property shall be returned to a finished appearance upon termination of the use.
F.
A zoning permit is required.
G.
Merchants who were licensed to sell Christmas trees in residential zones prior to the adoption of the ordinance codified in this chapter may reapply for a license, however, must meet requirements Subsections A through F of this section. The license or right to sell Christmas trees is nontransferable.
§ 310-13-11 Satellite dishes.
A.
Permitted districts.
(1)
A satellite dish shall be permitted as an accessory use in all zone districts. Satellite dishes two feet or less in diameter shall be permitted as of right. Satellite dishes larger than two feet in diameter shall require a zoning permit.
(2)
Whenever an applicant claims that any general regulation standard herein must be modified because of inability to transmit and/or receive a reasonably satisfactory signal, impracticability, undue hardship, or other criteria for modification under this section, or whenever the adequacy of and/or reasonableness of screening is in issue, such application shall be referred to the Board for interpretation pursuant to N.J.S.A. 40:55D-70b.
B.
Location.
(1)
The ability of the applicant to install a satellite dish in an unobtrusive location and to minimize the visual impacts on neighboring properties shall be a major factor in determining whether or not a permit is issued.
(2)
No satellite dish may be placed in the front yard of any lot. For purposes of this requirement, a corner lot shall be deemed to have a front yard facing each street.
(3)
Transmit/receive satellite dishes and satellite dishes 36 inches in diameter or less shall be located on the roof. Receive-only satellite dishes greater than 36 inches in diameter shall be placed on a lot in the rear yard; provided, however, that on a clear and convincing showing by an applicant that a reasonably satisfactory signal cannot be obtained from a rear yard location, the satellite dish may be located in the side yard. If such a signal cannot be obtained in either a rear or side yard, the dish may be permitted on the roof, in accordance with the standards of this section.
(4)
All satellite dishes shall not be closer to the side property line than a distance equal to the diameter of the dishes or the side yard setback requirement for the principal structure on the lot, whichever results in the greatest setback.
(5)
All satellite dishes shall not be closer to the rear property line than a distance equal to the diameter of the dishes or the rear yard setback requirement for the principal structure on the lot, whichever results in the greatest setback.
(6)
Roof-mounted antennas on a flat roof shall be located in the center of the roof structure to reduce visibility. On all other style roofs, the dish must be located on the portion of the roof facing the rear yard, or, if this would unreasonably limit signal reception, the side yard.
C.
Height.
(1)
No ground-mounted satellite earth station shall exceed 12 feet in height, as measured from the average grade at the base of the antenna to the highest point of the antenna.
(2)
No roof-mounted satellite earth station may extend above the roof line more than nine feet six inches when mounted on a flat roof. On all other roofs, no satellite dish may extend above the highest point of the roof more than three feet. However, upon a showing that such a roof-mounted antenna will not produce adequate reception under the restrictions of this subsection, the minimum height necessary for reasonably satisfactory reception may be allowed.
D.
Additional standards.
(1)
Diameter. The diameter of satellite dishes shall not exceed 12 feet for C-band technology for receiving and shall not exceed eight feet in diameter for Ku-band VSAT technology for transmitting. All satellite dishes larger than 24 inches shall be of the mesh type only, with not more than 85% of the surface being solid.
(2)
Color. All satellite dishes shall be painted a solid, dark, nonmetallic color if ground-mounted. Roof-mounted satellite dishes mounted on a flat roof or mansard-style roof shall be colored in a solid, nonmetallic color that matches the roof color to the extent possible, or shall be painted a solid, nonmetallic, non-glossy light to medium gray. When mounted on any other style roof, the satellite earth station shall be painted the color of the surface to which it is attached.
(3)
Number. The number of allowable satellite earth stations are as follows:
(a)
For all residential uses in residential zones: three per building.
(b)
For all other uses permitted in residential zones not specifically provided for otherwise (e.g., schools, places of worship, assisted-living residence, etc.): five per building.
(c)
For commercial and industrial zones: five per business.
(4)
The satellite dish may only be used for occupants of the building located on the property.
(5)
When the use of the satellite dish is abandoned, it shall be removed.
(6)
The proposed satellite dish shall be the smallest commercially available equipment feasible based on the current technology so as to minimize the visual impact on surrounding areas.
(7)
Satellite dishes may not be mounted on a portable or movable structure, such as a trailer.
(8)
No satellite dish shall be erected on a public utility easement without the consent of the easement holder.
(9)
No satellite earth station may be used as a sign.
(10)
All wiring or connecting cables between any ground-mounted satellite dish and the principal building on the site shall be buried underground. All wiring or connecting cables between the roof-mounted satellite dish and the principal building shall be hidden or appropriately screened.
(11)
All satellite dishes, appurtenances, landscaping, and fencing shall be kept and maintained in good condition.
§ 310-13-12 Bed-and-breakfast inn.
A.
The exterior of the inn shall remain residential in appearance to the extent possible.
B.
Parking shall be located at the rear of the property and shall be provided at the rate of one space for every room for let and one space per employee on maximum shift.
C.
Rooms shall be let for not more than 30 days at a time.
§ 310-13-13 Home occupations.
A.
As permitted accessory use; no approval required. Home occupations shall be permitted as an as-of-right permitted use not requiring Township approval under the following circumstances:
(1)
The occupation is conducted by a sole practitioner who is a resident of the dwelling.
(2)
Not more than one occupation is operated in the dwelling.
(3)
All operations occur inside the dwelling.
(4)
Not more than one client comes to the dwelling at any one time.
(5)
Not more than one vehicle, including trailers, related to the occupation is located on the site at any one time.
(6)
There is no outdoor storage of equipment or materials.
(7)
The exterior of the dwelling is not modified in any way and the occupation occupies less than 20% of the floor space in the dwelling.
(8)
Occupations fitting this category typically include music teachers, tutors and professionals such as accountants and designers.
B.
As permitted accessory use; zoning permit required. Home occupations shall be permitted as an as-of-right permitted use requiring a zoning permit under the following circumstances:
(1)
The occupation is conducted by a resident of the dwelling plus no more than one additional employee on the premises at any one time who can live outside of the dwelling.
(2)
The home occupation is a family day care per the Municipal Land Use Law.
(3)
Not more than one occupation is undertaken on-site at any one time.
(4)
The home occupation shall be limited to not more than 30% of the total livable floor area of the dwelling unit or accessory structure in which the home occupation is to be situated.
(5)
The exterior shall remain residential in appearance; however, may contain a nameplate or similar identification sign not exceeding two square feet in area.
(6)
Sufficient parking is provided on-site for the employee and visitors to the site; however, no more than two visitors shall come to the site at any one time. Sufficient parking shall be one space for the resident employee, one space per nonresident employee and one space per visitor.
(7)
No display of products shall be visible from the street.
(8)
No more than two vehicles, including trailers, used in conjunction with the home occupation shall be parked on the site at any one time.
(9)
There is no outdoor storage of equipment or materials.
(10)
Home occupations shall not generate light, smoke, glare, noise, and vibrations that are obnoxious and become a nuisance to residential neighbors. No machinery or equipment shall be used that will cause interference with radio, television and satellite reception and other forms of electronic communications in neighboring residences.
(11)
Hours during which the nonresident employee works on the premises and patrons visit the premises shall be limited to 8:00 a.m. to 9:00 p.m.
(12)
The home occupation shall be conducted entirely within either the dwelling or accessory building.
(13)
The home occupation shall not affect the area, yard and bulk requirements for the principal residential use.
C.
Any home occupation not fitting into the above categories shall not be permitted.
§ 310-13-14 Cannabis establishments prohibited.
[Added 7-20-2021 by Ord. No. 2021-12]
Pursuant to section 31b of the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (P.L. 2021, c. 16), Class 1 cannabis cultivators and Class 2 cannabis manufacturers are hereby prohibited from operating anywhere in the Township of Edgewater Park.
§ 310-13-15 Cannabis establishments, distributors and delivery services permitted.
[Added 7-20-2021 by Ord. No. 2021-12]
Pursuant to section 31b of the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (P.L. 2021, c. 16), all cannabis establishments, cannabis distributors or cannabis delivery services, Classes 3, 4, 5 and 6 are hereby permitted to operate in select zones in the Township of Edgewater Park, including the delivery of cannabis items and related supplies by a licensed cannabis delivery service based and initiated from a cannabis delivery service licensed location outside of the Township of Edgewater Park.
§ 310-13-16 Cannabis establishments.
[Added 7-20-2021 by Ord. No. 2021-12]
Cannabis establishments shall be permitted, pursuant to this chapter, only if the following requirements are complied with:
A.
The regulations of this section are subject to the enabling authority of the State of New Jersey and are subject to compliance with all statutes and/or regulations adopted by the State of New Jersey or its instrumentalities. If any provision of this section is inconsistent with the statutes and/or regulations of the State of New Jersey, the state statutes and/or regulations shall prevail.
B.
Prior to the operation of any cannabis establishment, a permit or license must be obtained from the State of New Jersey and from the Township of Edgewater Park for the applicable type(s) of cannabis establishment. No cannabis establishment shall be permitted to operate without state and municipal permits or licenses.
C.
Permitted uses shall, at all times, comply with the terms and conditions of the licensee's cannabis establishment license for permits or licenses issued by the State of New Jersey and the Township of Edgewater Park.
E.
No cannabis establishment shall be housed in a vehicle or any movable or mobile structure.
F.
No cannabis establishment shall sell or allow for the consumption of alcohol or tobacco on site.
G.
No cannabis establishment shall operate within 1,500 feet of any school within the Township.
H.
Odor. Cannabis establishments shall have equipment to mitigate odor. The building shall be equipped with a ventilation system with carbon filters sufficient in type and capacity to mitigate cannabis odors emanating from the interior of the premises.
I.
Noise. Outside generators and other mechanical equipment used for any kind of power supply, cooling, or ventilation shall be enclosed and have appropriate baffles, mufflers, and/or other noise reduction systems to mitigate noise pollution.
J.
Security. All cannabis establishments shall be secured in accordance with State of New Jersey statutes and regulations and additionally:
(1)
Shall have a round-the-clock video surveillance system with view of all entry points and parking areas, 365 days a year; and
(2)
Shall have trained security personnel onsite at all times during operating hours; and
(3)
Shall immediately notify the Township of Edgewater Park through the Administrator or his/her designee and the Police Department of the Township of Edgewater Park of any items stolen from the establishment; and
(4)
Shall install and maintain panic button alarms in the establishment that will alert the Police Department of any incidents in the establishment; and
(5)
Shall provide all property and businesses owners within 100 feet of the establishment with a contact number in case an incident occurs when no one is present at the establishment.
K.
Hours. No cannabis retailer may open to customers for business before 9:00 a.m. or remain open to customers for business after 10:00 p.m. Monday through Saturday and may not open for business before 9:00 a.m. or remain open for business after 8:00 p.m. on Sunday.
L.
Prohibited uses. Except as expressly permitted by this chapter and § 310-14 of the General Ordinances, entitled "Cannabis establishments," as well as any other activity involved in the cultivation, manufacture, processing, testing, dispensation, distribution and/or sale of cannabis, marijuana or cannabis products, are expressly prohibited as land uses or otherwise in the Township of Edgewater Park.
M.
No cannabis establishment shall advertise through the use of billboards within the Township of Edgewater Park.
N.
No cannabis establishment shall advertise in any matter advocating for the excessive consumption or use of cannabis.
O.
No cannabis establishment shall advertise with the use of an individual person or character actively using cannabis.
P.
Suspension or revocation of license.
[Added 8-15-2023 by Ord. No. 2023-09[1]]
(1)
Grounds for suspension or revocation. Any license granted or issued pursuant to this chapter may be suspended or revoked by the Township Committee after notice and hearing for any of the following causes:
(a)
Any fraud, misrepresentations or false statement contained in the application for a license.
(b)
Any fraud, misrepresentation or false statement made in connection with the selling of the articles of value.
(c)
Any violation of this chapter.
(e)
Any of the rules or regulations of the Cannabis Regulatory Commission.
(f)
Any conviction of the licensee of any felony or of a misdemeanor involving moral turpitude.
(g)
Conducting the business licensed under this chapter, through the applicant themselves or any of their agents, servants or employees, in any unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
(2)
Notice of hearing. Notice of hearing for suspension or revocation of a license under the preceding subsection shall be given, in writing, by the Township Clerk, setting forth the grounds of the complaint and the time and place of the hearing. Such notice shall be mailed, by certified and regular mail, to the licensee at his address indicated on his license application, at least five days' prior to the date set forth for the hearing, unless the five-day notice would cause a threat to public health and welfare, in which case the Township shall take any reasonable action to notify the licensee.
(3)
Reissuance following suspension or revocation. The Township Committee may issue another license to a person whose license has been revoked if, after the hearing, it is satisfied by clear and convincing evidence that the acts which led to the revocation will not occur again; otherwise, no person whose license has been revoked, nor any person acting for him, directly or indirectly, shall be issued another license to carry on the same activity for the period of 12 months.
(4)
Suspension or revocation of a license shall be in addition to any other penalty which may be imposed for a violation of this chapter.
(5)
Proceedings for suspension or revocation of any license authorized under this chapter shall be in accordance with such rules and regulations that may be adopted by the Cannabis Regulatory Commission to establish procedures for the suspension or revocation of a license or a conditional license, N.J.S.A. 24:61-35a(1), or any amendments or supplements thereto.
[1]
Editor's Note: This ordinance also redesignated former Subsection P as Subsection Q.
Q.
(Reserved)
§ 310-13-17 Recreational/adult-use cannabis transfer tax established.
[Added 8-16-2022 by Ord. No. 2022-08]
A.
There is hereby established a local cannabis transfer tax in the Township of Edgewater Park, which shall be fixed at a uniform percentage rate of 2% of the receipts from each sale by a cannabis cultivator; 2% of the receipts from each sale by a cannabis manufacturer; 1% of the receipts from each sale by a cannabis wholesaler; and 2% of the receipts from each sale by a cannabis retailer for every occupancy of a cannabis establishment in the Township of Edgewater Park.
B.
In addition to the tax established in Subsection A of this section, a user tax, at the equivalent transfer tax rates, is hereby established on any concurrent license holder, as permitted by Section 33 of P.L. 2021, c. 16 (N.J.S.A. 24:6I-46), operating more than one cannabis establishment. The user tax shall be imposed on the value of each transfer or use of cannabis or cannabis items not otherwise subject to the transfer tax imposed pursuant to Subsection A of this section from the license holder's establishment that is located in Edgewater Park to any of the other license holder's establishments, whether located in this Township or another municipality.
C.
Any transaction for which the transfer tax or user tax is imposed, or could be imposed, pursuant to this section, other than those which generate receipts from the retail sales by cannabis retailers, shall be exempt from the tax imposed under the Sales and Use Tax Act, P.L. 1966, c. 30 (N.J.S.A. 54:32B-1 et seq.).
§ 310-13-18 Cannabis transfer tax in addition to other taxes or fees.
[Added 8-16-2022 by Ord. No. 2022-08]
The cannabis transfer tax shall be in addition to any other tax or fee imposed pursuant to statute or local ordinance or resolution by any governmental entity upon property or cannabis establishments.
§ 310-13-19 Collection of cannabis transfer and user tax.
[Added 8-16-2022 by Ord. No. 2022-08]
A.
The transfer tax or user tax imposed by this article shall be collected or paid and remitted to Edgewater Park Township by the cannabis establishment from the cannabis establishment purchasing or receiving the cannabis or cannabis item, or from the consumer at the point of sale, on behalf of the Township by the cannabis retailer selling the cannabis item to that consumer. The transfer tax or user tax shall be stated, charged, and shown separately on any sales slip, invoice, receipt, or other statement or memorandum of the price paid or payable, or equivalent value of the transfer, for the cannabis or cannabis item.
B.
Every cannabis establishment required to collect a transfer tax or user tax imposed by ordinance pursuant to this article shall be personally liable for the transfer tax or user tax imposed, collected, or required to be collected under this section. Any cannabis establishment shall have the same right with respect to collecting the transfer tax or user tax from another cannabis establishment or the consumer as if the transfer tax or user tax was a part of the sale and payable at the same time or, with respect to nonpayment of the transfer tax or user tax by the cannabis establishment or consumer, as if the transfer tax or user tax was a part of the purchase price of the cannabis or cannabis item, or equivalent value of the transfer of the cannabis or cannabis item, and payable at the same time; provided, however, that the Chief Financial Officer of Edgewater Park shall be joined as a party in any action or proceeding brought to collect the transfer tax or user tax.
C.
No cannabis establishment required to collect a transfer tax or user tax imposed by this article shall advertise or hold out to any person or to the public in general, in any manner, directly or indirectly, that the transfer tax or user tax will not be separately charged and stated to another cannabis establishment or the consumer, or that the transfer tax or user tax will be refunded to the cannabis establishment or the consumer.
D.
All revenues collected from a transfer tax or user tax imposed by ordinance pursuant to this article shall be remitted to the Edgewater Park Chief Financial Officer on a quarterly basis payable for the prior three months' activities and due at the same time as quarterly dates for the collection of property taxes. The revenues due on February 1 of each year shall include all transfer taxes or user taxes collected for the prior year months of October, November, and December. The revenues due on May 1 of each year shall include all transfer taxes and user taxes collected for the immediate prior months of January, February, and March. The revenues due on August 1 of each year shall include all transfer taxes and user taxes collected for the immediate prior months of April, May, and June. The revenues due on November 1 of each year shall include all transfer taxes and user taxes collected for the immediate prior months of July, August and September.
§ 310-13-20 Payment of cannabis transfer and user tax; enforcement; cannabis vendor violations and penalties.
[Added 8-16-2022 by Ord. No. 2022-08]
A.
The Chief Financial Officer shall collect and administer any transfer tax or user tax imposed by this article.
B.
The municipality shall enforce the payment of delinquent taxes or transfer fees imposed pursuant to this article in the same manner as provided for municipal real property taxes.
C.
In the event that the transfer tax or user tax imposed by this article is not paid as and when due by a cannabis establishment, the unpaid balance, and any interest accruing thereon, shall be a lien on the parcel of real property comprising the cannabis establishment's premises in the same manner as all other unpaid municipal taxes, fees, or other charges. The lien shall be superior and paramount to the interest in the parcel of any owner, lessee, tenant, mortgagee, or other person, except the lien of municipal taxes, and shall be on a parity with and deemed equal to the municipal lien on the parcel for unpaid property taxes due and owing in the same year.
D.
A municipality shall file in the office of its tax collector a statement showing the amount and due date of the unpaid balance and identifying the lot and block number of the parcel of real property that comprises the delinquent cannabis establishment's premises. The lien shall be enforced as a municipal lien in the same manner as all other municipal liens are enforced.
§ 310-14-1 Specific requirements.
The following uses shall be conditionally permitted when all specific requirements for each respective conditional use set forth herein have been met.
§ 310-14-2 Automotive dealerships.
A.
Minimum lot area shall be three acres.
B.
Minimum lot width shall be 300 feet.
C.
Minimum lot depth shall be 300 feet.
G.
Maximum building and structure height shall be 35 feet and 2 1/2 stories.
H.
Maximum impervious coverage shall be 70%.
I.
Maximum building coverage shall be 30%.
J.
Minimum landscaped area: 30% of site area.
K.
No wrecked or inoperable vehicles shall be stored on site.
L.
Outdoor loudspeaker or music systems shall not be permitted.
M.
Minimum landscape buffer areas:
(1)
Along side and rear yards abutting residential zoning districts and uses shall be 30 feet in width and shall have a solid six-foot-high fence ending 20 feet from the street line.
(2)
Along side and rear yards abutting nonresidential zoning districts and uses shall be 15 feet in width.
(3)
Along the street line shall be 20 feet in width and shall consist of plant material that is maintained at a height no less than three feet.
N.
Minimum on-site loading. One loading space for the first 10,000 square feet of gross floor area; one additional loading space for gross floor area in excess of 10,000 square feet up to 40,000 square feet; and one additional loading space for gross floor area in excess of 40,000 square feet.
O.
All parking and loading areas shall be paved.
P.
A minimum distance of 1,000 feet shall be required between similar or like businesses.
§ 310-14-3 Gasoline service stations.
A.
Minimum lot area shall be 20,000 square feet.
B.
Minimum lot width shall be 100 feet.
C.
Minimum lot depth shall be 175 feet.
G.
Maximum building and structure height, including canopies over fuel-dispensing islands, shall be 25 feet and 1 1/2 stories.
I.
Outdoor loudspeaker or music systems shall not be permitted.
J.
Minimum on-site loading. Adequate space shall be provided on-site for the off-loading of fuels from a delivery truck to on-site storage tanks.
K.
Minimum distance of 1,000 feet shall be required between similar or like businesses.
L.
If a retail convenience store is proposed as accessory to or in conjunction with the gasoline service station, the minimum lot size shall be 40,000 square feet, and the convenience store shall be no greater than 5,000 square feet in area. The gasoline service station shall be limited to six pump islands with no more than 12 fueling points. No drive-throughs shall be permitted on the convenience store.
§ 310-14-4 Automotive repair service and garages and body repair shops.
A.
In C-2 Downtown Commercial Zoning District:
(1)
Minimum lot area shall be two acres.
(2)
Minimum lot width shall be 200 feet.
(3)
Minimum lot depth shall be 200 feet.
(4)
Minimum side yard setback to buildings and structures shall be 30 feet.
(5)
Minimum rear yard setback to buildings and structures shall be 50 feet.
(6)
No wrecked or inoperable vehicles shall be stored on site. Only those vehicles that are currently under repair shall be permitted on site. No vehicle may be stored on-site for more than six months.
(7)
Vehicular storage areas must be paved and shall be fully screened from adjacent properties and public viewsheds.
(8)
All work must be performed in a fully enclosed building.
(9)
Garage doors shall be oriented toward the side or rear yard of the site to the extent feasible.
(10)
Outdoor loudspeaker or music systems shall not be permitted.
B.
Automotive repair service and garages and body repair shops in C-3, C-LI Light Industrial Zoning Districts and I General Industrial Zoning District.
(1)
Storage of vehicles that have been or are waiting to be repaired is prohibited in the front yard. Vehicles shall be stored on-site for no more than six months.
(2)
Vehicle storage areas must be paved and screened from view from any street right-of-way or property line with a solid, six-foot-high fence.
(3)
All work must be performed in a fully enclosed building.
(4)
Garage doors shall be oriented toward the side or rear yard of the site to the extent feasible.
(5)
Outdoor loudspeakers shall not be permitted.
(6)
Automobile and/or truck sales are prohibited.
§ 310-14-5 Billboards.
Billboards may be constructed in the C-3 and C-LI-5 Districts in accordance with the following restrictions:
A.
Minimum lot size shall be that of the zoning district in which the use is proposed.
B.
Only one billboard is permitted per lot, and the billboard shall be the principal and only use of the property.
C.
The size of the billboard shall not exceed an area of one square foot for each one foot of lot width measured at the right-of-way along which the billboard is directed. The maximum area of the billboard shall be 200 square feet.
D.
The billboard must face oncoming traffic proceeding along the nearest traffic lane to the billboard. Under no circumstances shall the billboard be two-sided or so designed to face traffic approaching from two directions.
E.
The billboard shall be located at least 200 feet from any residential use or zone.
F.
The highest point of the billboard shall be no higher than 25 feet measured from existing grade.
G.
Billboards shall not be located within a sight distance triangle as prescribed by the American Association of State Highway Officials (AASHTO) nor be located any closer than 40 feet to any side or rear property line unless further restricted by a sight triangle consideration.
§ 310-14-6 Places of worship.
A.
Places of worship in R-1, R-2, R-3 and R-4 Single-Family Residential Zoning Districts and C-2 Zoning District.
(1)
Minimum lot area shall be three acres.
(2)
Minimum lot frontage shall be 250 feet.
(3)
Minimum lot depth shall be 300 feet.
(4)
Minimum front yard setback to buildings and structures shall be 50 feet.
(5)
Minimum side yard setbacks to buildings and structures shall be 40 feet.
(6)
Minimum rear yard setback to buildings and structures shall be 50 feet.
(7)
Maximum building coverage shall be 25%.
(8)
Minimum landscaped area shall be 25% of the lot including buffers to neighboring residences.
(9)
Minimum width of a landscape buffer along side and rear property lines shall be 30 feet. Landscape buffer area shall be designed and installed pursuant to § 310-16-7.
(10)
Off-street parking. One parking space per 60 square feet of floor space devoted to patron use.
B.
Places of worship in R-MF Multifamily Residential Zoning District.
(1)
Minimum lot area shall be five acres.
(2)
Minimum lot width shall be 300 feet.
(3)
Minimum lot depth shall be 500 feet.
(4)
Minimum front yard setback to buildings and structures shall be 60 feet.
(5)
Minimum side yard setback to buildings and structures shall be 40 feet.
(6)
Minimum rear yard setback to buildings and structures shall be 50 feet.
(7)
Maximum building coverage shall be 20%.
(8)
Minimum landscaped area shall be 25% of the lot including buffers to neighboring residences. The minimum width of a landscape buffer along side and rear property lines shall be 30 feet. Landscape buffer areas shall be designed and installed pursuant to § 310-16-7.
(9)
Off-street parking. One parking space per 60 square feet of floor space devoted to patron use.
C.
Places of worship in R-LD Low-Density Single-Family Residential Zoning District.
(1)
Minimum lot area shall be 10 acres.
(2)
Minimum lot width shall be 500 feet.
(3)
Minimum lot depth shall be 750 feet.
(4)
Minimum front yard setback to buildings and structures shall be 100 feet.
(5)
Minimum side yard setback to buildings and structures shall be 100 feet and 200 feet for both side yards combined.
(6)
Minimum rear yard setback to buildings and structures shall be 100 feet.
(7)
Maximum building coverage shall be 10%.
(8)
Off-street parking. One parking space per 60 square feet of floor space devoted to patron use.
(9)
Minimum width of a landscape buffer along side and rear property lines shall be 50 feet. Landscape buffer areas shall be designed and installed pursuant to § 310-16-7.
(10)
The minimum landscaped area shall be 25% of the lot including buffers to neighboring residences.
D.
Places of worship in C-3 Highway Commercial, C-LI-1 and C-LI-5 Commercial-Light Industrial and I General Industrial Zoning Districts:
(1)
Minimum lot area shall be three acres.
(2)
Minimum lot width shall be 400 feet.
(3)
Minimum front yard setback to buildings and structures shall be 60 feet.
(4)
Minimum side yard setback to buildings and structures shall be 50 feet.
(5)
Minimum rear yard setback to buildings and structures shall be 50 feet.
(6)
Maximum impervious coverage shall be 50%.
(7)
Off-street parking. One parking space per 60 square feet of floor space devoted to patron use.
§ 310-14-7 Wireless telecommunications towers and antennas.
A.
Wireless telecommunications towers and antennas shall be permitted as conditional uses in the C-LI and I Districts and on municipally owned property.
B.
Before a new monopole or tower will be permitted in the C-LI or I Districts, applicant must demonstrate to the Board's satisfaction that no existing structure in those zones, or in another nonresidential zoning district in the Township can be utilized.
C.
The property line setback requirements for monopoles and towers shall be the length of the monopole or tower.
D.
Wireless telecommunications tower and antenna sites shall be secured with a six-foot-high chain-link fence that is coated with black vinyl and a locked gate to which the Township Police Department shall be given access, i.e., keys, electronic passes, etc., for emergency purposes. Barbed or razor wire shall not be used.
E.
Wireless telecommunications towers and antennas shall be located on or within existing structures as much as possible, and designed and colored to blend into the skyline to the greatest extent practicable. Monopoles shall be preferable to lattice towers.
F.
Wireless telecommunications towers and antennas shall be designed and constructed to accommodate a minimum of five additional ports for use by other utilities, and shall be made available for use by other carriers.
G.
Wireless telecommunications towers, antennas and other equipment removed from service shall be removed from their location within six months of the date on which service was discontinued.
H.
Maximum height. The maximum height of any proposed wireless telecommunications antenna and any proposed new tower or monopole shall be demonstrated by the applicant to be the minimum height necessary for the proposed installation to satisfactorily operate, but in no event in excess of the following standards for height, exclusive of lightning rods:
(1)
Tower height shall not exceed 110 feet for a single carrier; 130 feet for two carriers; and 175 feet for three or more carriers. All tower and monopole footings, if applicable, shall be designed for possible extensions to 175 feet.
(2)
Antenna height. Antenna arrays may be mounted on existing buildings or structures; however, shall not extend beyond the overall height of any such building or structure by more than 10 feet or 10% of the height of the building or structure, whichever is less, up to a total maximum height of 175 feet.
I.
Design standards for new towers.
(1)
Towers shall be sited on a property in a location that will provide the least visual impact from surrounding properties and public rights-of-way.
(2)
Towers shall be subject to any applicable standards by the Federal Aviation Administration (FAA) and Federal Communications Commission (FCC).
(3)
Stealth designs, where reasonably practicable, shall be employed to camouflage the appearance of the new tower, such as bell towers, silos, artificial trees and similar treatments. The degree and nature of such stealth designs shall depend upon the specifics of the site involved so as to provide the most appropriate design under the circumstances presented. At a minimum, all towers shall be of slimline design and all antenna arrays shall be flush-mounted.
(4)
Towers and antennas shall be painted a gray or sky blue color so as to reduce the visual obtrusiveness of the installation.
(5)
All towers shall be designed with anticlimbing devices in order to prevent unauthorized access.
(6)
No lighting shall be permitted on a tower except lighting that is specifically as required by the FAA and any such required lighting shall be focused and shielded to the greatest extent possible so as not to project toward adjacent and nearby properties.
J.
Design standards for wireless telecommunications antennas.
(1)
Antennas shall be suitably finished and/or painted so as to minimize their visual impact. Depending upon the placement of this equipment, color shall be selected to be consistent with the color scheme of the building or structure on which they are mounted. When this is not reasonable or practicable, color selection shall be designed to minimize the visual impact of the antenna arrays.
(2)
No antenna shall be located on any tower in order to provide land-line telephone service; such service shall be provided via existing telephone lines if available to the site, or by the underground extension of telephone lines to the site if necessary.
K.
Design standards for wireless telecommunications equipment compounds.
(1)
The equipment compound shall consist of no more than 900 square feet in area.
(2)
The equipment compound shall be situated behind existing structures, building or terrain features which shall shield the equipment compound from public view.
(3)
When a location out of public view is not reasonable practicable, a landscaped buffer of 10 feet in width shall be provided outside the fence around the equipment compound to shield the equipment compound from public view. Landscaping shall include native evergreen and deciduous trees at least eight feet high at the time of planting, and the number of trees shall be based on the equivalent of staggered double rows at 10 feet on center.
(4)
Any proposed building enclosing related electronic equipment shall not be more than 15 feet in height more than 400 square feet in area. Only one such building shall be permitted for each provider of wireless communications services located on the site.
(5)
The building enclosing electronic equipment may have one light at the entrance of the building, provided that the light is attached to the building, is focused downward and is switched so that the light is on only when workers are at the building. This shall be exclusive of lights equipped with motion detectors. To the extent these requirements are inconsistent with New Jersey Uniform Construction Code requirements, the Uniform Construction Code requirements shall apply.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
L.
General design standards.
(1)
All equipment shall be designed and automated to the greatest extent possible in order to reduce the need for on-site maintenance and thereby minimize the need for vehicular trips to and from the site.
(2)
Other than typical "warning," "emergency" and equipment information signs, no signs shall be permitted. Emergency signs shall be on plates attached to the tower or building and shall not exceed two square feet.
(3)
Minimal off-street parking shall be permitted as needed.
M.
Submission requirements. In addition to a complete site plan depicting the proposed installation, the following shall be required at the time of submission:
(1)
Documentation by a qualified engineer with a demonstrated expertise in structural engineering regarding the capacity of a proposed tower for the number and type of antennas.
(2)
Documentation by a qualified engineer with a demonstrated expertise in structural engineering that any proposed tower will have sufficient structural integrity to support the proposed antennas and the anticipated future collocated antennas and that the structural standards developed for antennas by the Electronic Industry Association (EIA) and/or the Telecommunications. Industry Association (TIA) have been met.
(3)
Antenna modifications. Operators of wireless telecommunications towers shall provide to the Borough a report every three years from a licensed professional engineer certifying the structural integrity of the tower, together with all antennas mounted thereon and whether they remain in use, and that they meet applicable minimum safety requirements. Such report shall also be provided whether antenna arrays are modified, and shall include a detailed listing of all antennas and equipment so certified. Vendors shall also be required to notify the Borough when the use of such antennas and equipment is discontinued. A satisfactory insurance company inspection report shall be deemed to meet the requirements of this section.
(4)
Restoration provisions. The applicant shall provide a performance bond and/or other assurances satisfactory to the Township in a form approved by the Township Attorney that will cause the antennas, the supporting tower, the ancillary building enclosing related electronic equipment and all other related improvements to the land to be removed at no cost to the Township, when the antennas are no longer operative. Any communication facility not used for its intended and approved purpose for a period of 12 months shall be considered "no longer operative" and abandoned and shall be removed by the applicant or their assigns within 60 days thereof. If the use of the tower is 10% or less of its maximum permitted capacity, it shall be considered "no longer operative" and therefore abandoned.
§ 310-14-8 Assisted-living residences.
A.
Minimum lot area shall be three acres.
B.
Minimum lot frontage shall be 250 feet.
C.
Minimum lot depth shall be 300 feet.
D.
Maximum building coverage shall be 25%.
E.
Minimum landscaped area shall be 25% of the lot.
F.
Minimum front yard setback to buildings and structures shall be 50 feet.
G.
Minimum side yard setback to buildings and structures shall be 40 feet.
H.
Minimum rear yard setback to buildings and structures of 50 feet.
I.
Maximum building and structure height shall be three stories and 40 feet.
J.
Where abutting a residential use or zone, minimum width of a landscape buffer along side and rear property lines shall be 30 feet.
§ 310-14-9 Quasi-public buildings and uses, including recreation areas.
A.
R-2, R-3, R-4 and C-2 Downtown Zoning Districts.
(1)
Minimum lot area shall be three acres.
(2)
Minimum lot frontage shall be 250 feet.
(3)
Minimum lot depth shall be 300 feet.
(4)
Maximum building coverage shall 25%.
(5)
Minimum landscaped area shall be 25% of the lot including buffers to neighboring residences.
(6)
Minimum front yard setback to buildings and structures shall be 50 feet.
(7)
Minimum side yard setback to buildings and structures shall be shall be 40 feet.
(8)
Minimum rear yard setback of 100 feet.
(9)
Minimum width of a landscape buffer along side and rear property lines shall be 30 feet.
B.
Quasi-public uses in R-MF, C-3 Highway Commercial, C-LI-1 and C-LI-5 Commercial Light Industrial Zoning Districts.
(1)
Minimum lot area shall be three acres.
(2)
Minimum lot width shall be 400 feet.
(3)
Minimum front yard setback to buildings and structures shall be 60 feet.
(4)
Minimum side yard setback to buildings and structures shall be 50 feet.
(5)
Minimum rear yard setback to buildings and structures shall be 50 feet.
(6)
Maximum building and structure height shall be three stories and 45 feet.
(7)
Maximum impervious coverage shall be 50%.
C.
Quasi-public uses in R-LD Low-Density Single-Family Residential Zoning District:
(1)
Minimum lot area shall be 10 acres.
(2)
Minimum lot width shall be 500 feet.
(3)
Minimum lot depth shall be 750 feet.
(4)
Minimum front yard setback to buildings and structures shall be 100 feet.
(5)
Minimum side yard setback to buildings and structures shall be 100 feet and 200 feet for both side yards combined.
(6)
Minimum rear yard setback to buildings and structures shall be 100 feet.
(7)
Maximum building and structure height shall be three stories and 45 feet.
(8)
Maximum impervious coverage shall be 10%.
(9)
Minimum width of a landscape buffer along side and rear property lines shall be 50 feet. Landscape buffer areas shall be designed and installed pursuant to § 310-16-7.
(10)
The minimum landscaped area shall be 25% of the lot including buffers to neighboring residences.
§ 310-14-10 Schools.
A.
Minimum lot area shall be 10 acres.
B.
Minimum lot width shall be 200 feet.
C.
Minimum lot depth shall be 300 feet.
D.
Minimum front yard setback to buildings and structures shall be 35 feet.
E.
Minimum side yard setback to buildings and structures shall be 25 feet.
F.
Minimum rear yard setback to buildings and structures shall be 35 feet.
G.
Maximum impervious coverage shall be 70%.
§ 310-14-11 Sexually oriented businesses and body piercing, tattoo and massage parlors.
A.
Minimum lot area shall be five acres.
B.
Minimum lot width shall be 400 feet.
C.
Minimum lot depth shall be 200 feet.
D.
Minimum front yard setback to buildings and structures shall be 100 feet.
E.
Minimum side yard setback to buildings and structures shall be 100 feet.
F.
Minimum rear yard setback to buildings and structures shall be 100 feet.
G.
Minimum distance of any property line to the property line of a residential use or to any place of public recreation, any school or school bus stop, any municipal or county playground or place of public recreation, or any area zoned for residential use shall be 1,000 feet.
H.
Minimum landscape buffer along front, side and rear property lines shall be 50 feet in width designed and installed pursuant to N.J.S.A. 2C:34-7b.
I.
Minimum on-site parking shall be one parking space per 100 square feet of customer service area and one parking space for each employee during peak shift.
J.
No body piercing, tattoo or massage parlor shall display more than two exterior signs, consisting of one identification sign and one sign giving notice that the premises are off limits to minors. The identification sign shall be no more than 40 square feet in size.
§ 310-15-1 Districts enumerated.
[Amended 12-1-2009 by Ord. No. 2009-11; 12-5-2017 by Ord. No. 2017-5; 12-4-2018 by Ord. No. 2018-9; 3-5-2019 by Ord. No. 2019-2; 7-16-2024 by Ord. No. 2024-10]
The Township of Edgewater Park is hereby divided into 22 classes of districts, which shall be known as:
R-1 | Single-Family Residential (minimum lot size: 85,000 square feet) |
R-2 | Single-Family Residential (minimum lot size: 40,000 square feet) |
R-3 | Single-Family Residential (minimum lot size: 20,000 square feet) |
R-4 | Single-Family Residential (minimum lot size: 7,500 square feet) |
R-5 | Single-Family Residential (minimum lot size: 12,500 square feet) |
R-6 | Single-Family Residential (minimum lot size: 6,000 square feet) |
R-7 | Residential Low-Density (minimum lot size: 32,000 square feet) |
R-8 | Single-Family and Multifamily Residential Inclusionary |
R-LD | Low-Density Single-Family Residential (minimum lot size: 6 acres) |
R-MF | Multifamily Residential |
R-AR | Age-Restricted Residential |
R-AR-1 | Age-Restricted Residential |
C-1 | Neighborhood Commercial |
C-2 | Downtown Commercial |
C-3 | Highway Commercial |
C-LI-1 | Commercial-Light Industrial |
C-LI-5 | Commercial-Light Industrial |
LI | Light Industrial |
I | General Industrial |
C | Cemetery |
R-TH/MF | Townhouse/Multifamily Inclusionary Residential |
SAH | Senior Affordable Housing Overlay |
§ 310-15-2 District boundaries.
A.
The location and boundaries of districts are and shall be as shown on a map entitled "Zoning Map, Township of Edgewater Park, New Jersey," on file in the office of the Township Clerk of said municipality. Where the designation on the Zone Map indicates a district boundary located approximately along a street or alley line or along a lot line, the center line of such street or alley or such lot line shall be construed to be the boundary.
B.
Zoning district boundaries may be superseded by redevelopment overlays delineated in redevelopment plans on file in the office of the Township Clerk.
§ 310-15-3 R-1 Single-Family Residential District.
§ 310-15-4 R-2 Single-Family Residential District.
B.
Permitted accessory uses. The following accessory uses shall be permitted when on the same lot with and customarily incidental to the foregoing permitted uses:
(1)
Private garages.
(2)
Utility sheds.
(3)
Private swimming pools, including above and below ground.
(4)
Private greenhouses.
(5)
Fences and walls.
(6)
Decks and patios.
(7)
Home occupations.
(8)
Farm stands, ancillary to primary agricultural uses undertaken on property.
(9)
Greenhouses, horticultural activities, field crop and Christmas tree production and similar agricultural uses in conjunction with existing agricultural uses.
§ 310-15-5 R-3 Single-Family Residential District.
§ 310-15-6 R-4 Single-Family Residential District.
B.
Permitted accessory uses. Only the following accessory uses are permitted when on the same lot with and customarily incidental to the foregoing permitted uses:
C.
Area and bulk requirements. The area and bulk regulations for this district shall be in accordance with the requirements set forth in the Schedule of Area and Bulk Requirements.
§ 310-15-7 R-5 Single-Family Residential District.
B.
Permitted accessory uses. The following accessory uses shall be permitted when on the same lot with and customarily incidental to the foregoing permitted uses:
C.
Area and bulk regulations. The area and bulk regulations for this district shall be in accordance with the requirements set forth in the Schedule of Area and Bulk Requirements.
§ 310-15-8 R-6 Single-Family Residential District.
B.
Permitted accessory uses. The following accessory uses shall be permitted when on the same lot with and customarily incidental to the foregoing permitted uses:
C.
Area and bulk regulations. The area and bulk regulations for this district shall be in accordance with the requirements set forth in the Schedule of Area and Bulk Requirements.
§ 310-15-9 R-7 Residential Low-Density District.
[Added 12-1-2009 by Ord. No. 2009-11; amended 3-16-2010 by Ord. No. 2010-4]
B.
Permitted accessory uses. Only the following accessory uses are permitted when on the same lot with and customarily incidental to the foregoing permitted uses:
C.
Area and bulk regulations.
(1)
The area and bulk regulations for this district shall be in accordance with the requirements set forth in the Schedule of Area and Bulk Requirements.
(2)
A minimum fifty-foot-wide conservation easement shall be provided along any abutting R-2 Zoning District. The easement shall prohibit the location of any structures therein other than fencing.
(3)
A minimum twenty-five-foot-wide conservation easement shall be provided along all tract boundaries that abut zoning districts other than an R-2 District. The easement shall prohibit the location of any structures therein other than fencing and public roadways.
(4)
A minimum 20% of a tract shall be open space, not including the required conservation easements indicated in Subsection C(2) and (3), above. The 20% required open space may include stormwater management facilities and passive or active recreation space to be maintained by a homeowners' association or other approved entity.
(5)
New residential lots shall be set back at least 200 feet from existing public roadways.
(6)
Existing lots fronting on Bridgeboro Road and Mount Holly Road shall not be subject to the conservation easement requirements herein.
D.
Affordable housing. Any developer shall be obligated to provide the affordable housing units on the subject lots, or at such other location within the Township of Edgewater Park acceptable to the Township.
E.
A minimum of 20% of all residential units approved on Block 404.06, Lot 1 and Block 203, Lots 3Q Farm and 3.02 shall be low- and moderate-income housing pursuant to the Council on Affordable Housing (COAH) regulations at N.J.A.C. 5:97 et seq. and the Uniform Housing Affordability Controls at N.J.A.C. 5:80-26.1 et seq. Both tracts should be developed together as one inclusionary development with 20% of the total permitted units (87 total units) to be provided as affordable, non-senior units (17 affordable units). The phasing requirements as set forth in the Township's fair share ordinance shall pertain to both tracts so that they are treated as one. Specifically, before 25% + 1 of the total number of approved market rate units on both tracts are constructed, the developer must have completed at least 10% of the total affordable units, etc.
[Amended 12-6-2011 by Ord. No. 2011-10]
§ 310-15-10 R-8 Single-Family and Multifamily Residential Inclusionary District.
[Added 12-1-2009 by Ord. No. 2009-11; amended 3-16-2010 by Ord. No. 2010-4; 12-6-2011 by Ord. No. 2011-10; 12-4-2018 by Ord. No. 2018-9]
A.
Permitted principal uses. In an R-8 Single-Family and Multifamily Residential Inclusionary District, land shall be used only for the following permitted uses:
B.
Permitted accessory uses. The following accessory uses shall be permitted when on the same lot with and customarily incidental to the foregoing permitted uses:
C.
Area and bulk regulations.
(1)
All uses other than residential shall comply with the requirements of the R-3 Zone or their applicable conditional use requirements.
(2)
The area and bulk regulations for this district shall be in accordance with the requirements set forth in the Schedule of Area and Bulk Requirements.
(3)
A continuous, low-maintenance uniform perimeter privacy fence shall be provided along the sides and rear property lines of the tract at a height not less than five feet. Property owners shall be bound to maintain the fence and replace when necessary with a compatible fence.
(4)
Single-family attached units (townhouses) and multifamily units (apartments) developed to comply with the applicable affordable housing regulations of the State of New Jersey and pursuant to Chapter 120, Affordable Housing, Article III, Fair Share Affordable Housing Obligations, of the Code of the Township of Edgewater Park may be provided as part of a larger development of single-family detached units for the purpose of providing additional housing types at varying levels of affordability. Single-family attached units shall be located on individual lots; however, all such lots shall be governed by a homeowners' association that will regulate uniformity of unit appearance and maintenance.
(5)
Single-family attached units (townhouses) and multifamily units (apartments) shall be set back at least 25 feet from interior site roadways, 60 feet from existing municipal public roadways, 40 feet from county public roadways.
(6)
Where sides of units, both single-family detached and attached, face existing public streets, an evergreen plant buffer shall be provided to shield views to the sides and rears of units from the public right-of-way. The width of the buffer shall be designed such that the intended screening can be effectuated.
(7)
Recreation areas for the tract are required and subject to Planning Board approval.
D.
Council on Affordable Housing.
(1)
A minimum of 20% of all residential units approved on Block 404.06, Lot 1 and Block 203, Lots 3Q Farm and 3.02, shall be low- and moderate-income housing pursuant to the Council on Affordable Housing (COAH) regulations at N.J.A.C. 5:97 et seq. and the Uniform Housing Affordability Controls at N.J.A.C. 5:80-26.1 et seq.
(2)
Both tracts should be developed together as one inclusionary development with 20% of the total permitted units (87 total units) to be provided as affordable, non-senior units (17 affordable units). The phasing requirements as set forth in the Township's fair share ordinance shall pertain to both tracts so that they are treated as one. Specifically, before 25% + 1 of the total number of approved market rate units on both tracts are constructed, the developer must have completed as least 10% of the total affordable units, etc.
§ 310-15-11 R-LD Residential, Low-Density District.
A.
Permitted principal uses. In an R-LD Residential, Low-Density District, land shall be used only for the following permitted uses:
(1)
Single-family detached dwellings.
(2)
Agricultural uses excluding the raising and keeping of livestock except where otherwise permitted herein and including greenhouses, horticultural activities, field crop production, Christmas tree production and similar agricultural uses.
(3)
Public parks and recreational facilities.
(4)
Governmental buildings and facilities.
(5)
Equestrian activities. Limited to one horse per two acres of land devoted to paddock.
(6)
Executive golf course on minimum 65 acres.
B.
Permitted accessory uses. Only the following accessory uses are permitted when on the same lot with and customarily incidental to the foregoing permitted uses:
(1)
Private garages.
(2)
Utility sheds.
(3)
Private swimming pools, including above and below ground.
(4)
Private greenhouses.
(5)
Fences and walls.
(6)
Decks and patios.
(7)
Farm stands ancillary to primary agricultural uses.
(8)
Home occupations.
(10)
Barns shall not be located in the front yard and shall be located at least 100 feet from all property lines.
§ 310-15-12 R-MF Multifamily Residential District.
D.
Area and bulk regulations. The area and bulk regulations for this district shall be in accordance with the requirements set forth in the Schedule of Area and Bulk Requirements, except where otherwise specified for conditional uses in Article 14, Conditional Uses.
E.
Additional requirements applicable to the Multifamily Residential Zone.
(1)
There shall be no dwelling units below the first or above the second story.
(2)
Each dwelling unit shall contain complete kitchen facilities, toilet, bathing, and working facilities, as well as living space, and shall have a minimum gross floor area in accordance with the following:
(a)
One-bedroom dwelling units and/or efficiency units shall have a minimum of 800 square feet;
(b)
Two-bedroom dwelling units shall have a minimum of 950 square feet;
(c)
There shall be a common storage space in each building of 25 square feet in area and a minimum of five feet in height per dwelling unit.
(3)
There shall be no more than 20 dwelling units in each building or structure. The facade of any building or structure shall not exceed 60 feet in length unless making an angle turn or having an offset of at least four feet within each 60 feet of length.
(4)
Courtyards bounded by three or more sides by the wings of a single building or by the walls of separate buildings shall have a minimum court width of two feet for each one foot in height of the tallest adjacent building.
(5)
No dwelling structure shall be located within 25 feet of another structure.
(6)
Every building shall have a minimum setback of 10 feet from any and all interior roads, driveways and parking areas.
§ 310-15-13 R-AR Age-Restricted Residential District.
A.
Permitted principal uses. In the Age-Restricted Residential District, land shall be used only for the following permitted uses:
(1)
Single-family attached age-restricted housing not to exceed eight units per acre.
B.
Permitted accessory buildings and structures. Permitted accessory buildings and structures in the Age-Restricted Residential District include:
(1)
Necessary accessory buildings and facilities, including but not limited to gatehouses, garages, carports, guardhouses, storage facilities for maintenance of equipment and administrative, clubhouse, activity center and recreational structures shall be permitted.
(2)
Model homes or sales offices.
(3)
Private garages and carports.
(4)
Off-street parking facilities.
(5)
Swimming pools.
(7)
Essential utilities.
C.
Area and bulk regulations. The area and bulk regulations for this district shall be in accordance with the requirements set forth in the Schedule of Area and Bulk Requirements.
§ 310-15-14 R-AR-1 Age-Restricted Residential District.
A.
Permitted principal uses. In the Age-Restricted Residential District, land shall be used only for the following permitted uses:
(1)
Single-family attached age-restricted housing not to exceed eight units per acre.
(2)
Commercial uses along U.S. Route 130 in compliance with C-3 District standards. Commercial lots shall be no less than 200, and no more than 350 feet in depth as measured from U.S. Route 130. Minimum lot area shall be no smaller than 1.5 acres and no larger than 2.0 acres.
B.
Permitted accessory buildings and structures.
(1)
Necessary accessory buildings and facilities, including but not limited to gatehouses, garages, carports, guardhouses, storage facilities for maintenance of equipment and administrative, clubhouse, activity center and recreational structures shall be permitted.
(2)
Model homes or sales offices.
(3)
Private garages and carports.
(4)
Off-street parking facilities.
(5)
Swimming pools.
(7)
Essential utilities.
C.
Area and bulk regulations. The area and bulk regulations for this district shall be in accordance with the requirements set forth in the Schedule of Area and Bulk Requirements.
§ 310-15-15 C-1 Neighborhood Commercial District.
A.
Permitted principal uses. In a C-1 Neighborhood Commercial District, land shall be used only for the following permitted uses:
(1)
Retail sales and service as defined herein.
(2)
Restaurants and cafes, provided that any restaurant or cafe which does not hold a license for the sale of alcoholic beverages and which allows patrons to bring their own alcoholic beverages shall be limited to the same hours of operation as apply to premises licensed to sell alcoholic beverages.
(3)
Funeral homes and mortuaries.
(4)
Professional and medical office.
(5)
Public parks and recreational facilities.
(6)
Governmental buildings and facilities.
(7)
Financial institutions.
(8)
Cannabis retailers licensed by the State of New Jersey and the Township of Edgewater Park.
[Added 7-20-2021 by Ord. No. 2021-12]
B.
Permitted accessory uses. Only the following accessory uses are permitted when on the same lot with and customarily incidental to the foregoing permitted uses:
C.
Area and bulk regulations. The area and bulk regulations for this district shall be in accordance with the requirements set forth in the Schedule of Area and Bulk Requirements.
§ 310-15-16 C-2 Downtown Commercial District.
A.
Permitted principal uses. In a C-2 Downtown Commercial District, land shall be used only for the following permitted uses:
B.
Permitted accessory uses. The following accessory uses shall be permitted when on the same lot with and customarily incidental to the foregoing permitted uses:
(1)
Private garages.
(2)
Refuse enclosures.
(3)
Utility sheds.
(4)
Fences and walls.
(5)
Rooftop screens and parapets for mechanical equipment.
(6)
Home occupations.
(7)
Swimming pools associated with residential uses.
D.
Area and bulk regulations. The area and bulk regulations for this district shall be in accordance with the requirements set forth in the Schedule of Area and Bulk Requirements, except where otherwise specified for conditional uses in Article 14, Conditional Uses.
E.
Design standards. (Reserved)
§ 310-15-17 C-3 Highway Commercial District.
A.
Permitted principal uses. In a C-3 Highway Commercial District, land shall be used only for the following permitted uses:
(1)
Retail sales and services as defined herein.
(2)
Financial institutions.
(3)
Funeral homes and mortuaries.
(4)
Restaurants.
(5)
Professional, general and medical office.
(6)
Planned shopping centers that contain a mix of the foregoing commercial uses.
(7)
Cannabis retailers licensed by the State of New Jersey and the Township of Edgewater Park.
[Added 7-20-2021 by Ord. No. 2021-12]
B.
Permitted accessory uses. Only the following accessory uses are permitted when on the same lot with and customarily incidental to the foregoing permitted uses:
C.
Conditional uses. The following conditional uses shall meet the requirements set forth in Article 14, Conditional Uses:
D.
Area and bulk regulations. The area and bulk regulations for this district shall be in accordance with the requirements set forth in the Schedule of Area and Bulk Requirements, except where otherwise specified for conditional uses in Article 14, Conditional Uses.
E.
Other regulations. All other regulations of this chapter shall be applied accordingly.
§ 310-15-18 C-LI-1 Commercial-Light Industrial District.
A.
Permitted uses for the C-LI-1 Commercial-Light Industrial District.
(1)
Professional, general and medical offices.
(2)
Funeral homes and mortuaries.
(3)
Automotive repair and services and body shops.
(4)
Sales and service of electronics, appliances and small equipment, i.e., lawn equipment.
(5)
Light industrial uses that include research and scientific laboratories, assembly, fabrication and packaging of products, computer software development and manufacture, printing, furniture and cabinet making, upholstery, telecommunications offices and facilities excluding cellular communications towers, and media production facilities.
(6)
Self-storage and mini-warehouse facilities.
(7)
Cannabis retailers licensed by the State of New Jersey and the Township of Edgewater Park.
[Added 7-20-2021 by Ord. No. 2021-12]
B.
Permitted accessory uses. Only the following accessory uses are permitted when on the same lot with and customarily incidental to the foregoing permitted uses:
D.
Area and bulk regulations. The area and bulk regulations for this district shall be in accordance with the requirements set forth in the Schedule of Area and Bulk Requirements, except where otherwise specified for conditional uses in Article 14, Conditional Uses.
E.
No accessory structures, driveways, parking areas or loading areas shall be located in the buffer area.
§ 310-15-19 C-LI-5 Commercial-Light Industrial District.
A.
Permitted principal uses. The following are permitted uses in the C-LI-5 Commercial-Light Industrial District:
(1)
General, professional and medical offices.
(2)
Retail sales and services.
(3)
Indoor recreational facilities, i.e., bowling, gymnasiums, martial arts training facility, fields, courts and rinks.
(4)
Exhibit/convention centers and movie theaters, excluding live entertainment venues.
(5)
Research and scientific laboratories.
(6)
Assembly, fabrication and packaging of products.
(7)
Computer software development and manufacture.
(8)
Printing and publishing.
(9)
Media production facilities.
(10)
Warehousing and distribution, excluding truck depots and terminals.
(11)
Manufacturing of light machinery.
(12)
Pharmaceutical and medical supply manufacturing excluding processing and disposal of medical waste.
(13)
Wholesale food manufacturing and processing in accordance with the performance standards of this chapter.
(14)
Bottling of food and beverages excluding alcoholic and spirituous liquor.
(15)
Cannabis retailers licensed by the State of New Jersey and the Township of Edgewater Park.
[Added 7-20-2021 by Ord. No. 2021-12]
B.
Permitted accessory uses. The following accessory uses shall be permitted when on the same lot with and customarily incidental to the foregoing permitted uses:
C.
Conditional uses. The following conditional uses shall meet the requirements set forth in Article 14, Conditional Uses:
D.
Area and bulk regulations. The area and bulk regulations for this district shall be in accordance with the requirements set forth in the Schedule of Area and Bulk Requirements.
E.
No accessory structures, driveways, parking areas or loading areas shall be located in the buffer area.
§ 310-15-20 LI Light Industrial District.
A.
Permitted principal uses. In the LI Light Industrial District, land shall be used only for the following permitted uses:
(1)
General, professional and medical office.
(2)
Warehouses, including self-storage and mini-warehouses.
(3)
Packaging and distribution facilities, not including trucking terminal.
(4)
Wholesale facilities and showrooms.
(5)
Tradesman and artisan shops, offices and showrooms including glass, tile and stone trade, metal trade, furniture and cabinet trade, and printing, publishing and media trade.
(6)
Manufacture, fabrication and assembly of products from previously processed and prepared materials. Such operations shall occur within completely closed buildings and structures.
(7)
Research laboratory.
(8)
Research and scientific laboratories.
(9)
Computer software development and manufacture.
B.
Permitted accessory uses. Only the following accessory are permitted when on the same lot with and customarily incidental to the foregoing permitted uses:
D.
Area and bulk regulations. The area and bulk regulations for this district shall be in accordance with the requirements set forth in the Schedule of Area and Bulk Requirements.
E.
Overlay zone. The following provisions for creating a planned mixed-use development that is comprised of a variety of office, commercial and light industrial uses. The following conditions shall be required for the overlay zone to be applied:
(1)
Minimum lot area shall be eight acres.
(2)
Minimum lot width shall be 800 feet.
(3)
Minimum lot depth shall be 800 feet.
(4)
Minimum front yard setback shall be 30 feet.
(5)
Minimum side yard setback shall be 30 feet.
(6)
Minimum rear yard setback shall be 30 feet.
(7)
Maximum building coverage shall be 50%.
(8)
Maximum building height shall be three stories and 45 feet.
(9)
Landscape buffers at least 30 feet wide, which consist of coniferous trees planted in two staggered rows 15 feet on center, should be provided along side and rear yards when a mixed-use development abuts a residential use.
(10)
Landscaped pedestrian access, i.e., six-foot-wide sidewalks with street trees and ornamental lighting, should be provided from the vicinity of each transit station stop to the mixed-use development.
(11)
Permitted mix of uses by type and percentage of gross floor area should include:
Type of Use | Percentage of GFA |
|---|---|
Office uses as permitted in C-LI-5 | 10% to 25% |
Commercial uses as permitted in C-1 | 10% to 25% |
Light industrial uses as permitted in C-LI-5* | 50% to 80% |
* | Excluding cellular communications towers, warehousing and distribution, bottling of food and beverages, bakeries, ice cream manufacturing, and food processing. |
§ 310-15-21 I General Industrial District.
A.
Permitted principal uses.
(1)
Automotive repair services and garages and body shops.
(2)
General offices.
(3)
Wholesale and distribution centers excluding trucking terminals.
(4)
Warehousing and distribution, including self-storage and mini-warehouses.
(5)
Manufacture, fabrication and assembly of products from previously processed and prepared materials conducted within completely enclosed buildings.
(6)
Research laboratories.
(7)
Tradesman and artisan shops, offices and showrooms including glass, tile and stone trade, metal trade, furniture and cabinet trade, and printing, publishing and media trade.
(8)
Kennel.
B.
Permitted accessory uses. Only the following accessory uses are permitted when on the same lot with and customarily incidental to the foregoing permitted uses:
D.
Area and bulk regulations. The area and bulk regulations for this district shall be in accordance with the requirements set forth in the Schedule of Area and Bulk Requirements.
§ 310-15-22 C Cemetery District.
B.
Permitted accessory uses. Only the following accessory uses are permitted when on the same lot with and customarily incidental to the foregoing permitted uses:
C.
Area and bulk regulations. The area and bulk regulations for this district shall be in accordance with the requirements set forth in the Schedule of Area and Bulk Requirements.
§ 310-15-23 R-TH/MF Townhouse/Multifamily Inclusionary Residential District.
[Added 12-5-2017 by Ord. No. 2017-5; amended 3-5-2019 by Ord. No. 2019-2]
A.
Permitted principal uses. In the R-TH/MF Townhouse/Multifamily Inclusionary Residential District, land shall be used only for the following permitted uses:
(1)
Townhouse dwelling units at a maximum density of eight dwelling units per acre. Should the required affordable housing be developed as family rental units and the market-rate units be developed as for-sale townhouses, the maximum permitted density for townhouse dwellings is increased to 10 dwelling units per acre.
(2)
Multifamily dwelling units at a maximum density of 10 dwelling units per acre if provided as family affordable rental units and if the market-rate units are provided as for-sale townhouses.
(3)
Public parks and recreational facilities.
(4)
Governmental buildings and facilities.
B.
Permitted accessory uses. Only the following accessory uses are permitted when on the same lot with and customarily incidental to the foregoing permitted uses:
(1)
Private garages.
(2)
Private sheds.
(3)
Decks and patios.
(4)
Fences and walls.
(5)
Swimming pools.
(6)
Community buildings for the use of residents such as a clubhouse, activity center and recreational structures.
(7)
Management/sales office.
(8)
Storage facilities for tools and equipment for the maintenance of the grounds.
(11)
Essential utilities.
(12)
Other customary accessory uses and structures which are clearly incidental to the principal structures and uses.
C.
Area and bulk regulations.
(1)
The area and bulk regulations for the townhouse and multifamily units shall be in accordance with the requirements set forth in the Schedule of Area and Bulk Requirements.
(2)
A driveway providing access to a Townhouse/Multifamily Inclusionary Development is permitted through any nonresidential district.
(3)
Recreation areas for the tract are required, including pedestrian access to Cooper Street and Forrestal Drive and to adjacent residential developments, to the extent possible and subject to Planning Board approval.
(4)
Additional requirements applicable to townhouse dwelling units.
(a)
Townhouse dwelling units shall be set back at least 20 feet from the ROW of interior site roadways and 60 feet from the ROW of existing municipal public roadways.
(b)
Where sides of units face existing public streets or abut existing single-family residential neighborhoods, an evergreen planting buffer shall be provided to shield views to the sides and rear of units. The width of the buffer shall be designed such that the intended screening can be effectuated.
(c)
Townhouse dwelling units shall be located on individual lots; however, all such lots shall be governed by a homeowners' association that will regulate uniformity of unit appearance and maintenance.
(5)
Additional requirements applicable to multifamily dwelling units.
(a)
There shall be no multifamily dwelling units below the first story.
[1]
Each multifamily dwelling unit shall contain complete kitchen facilities, toilet, bathing, and working facilities, as well as living space. There shall be a common storage space in each building of 25 square feet in area and a minimum of five feet in height per dwelling unit.
(b)
There shall be no more than 12 multifamily dwelling units in each building or structure. The facade and sides of any building or structure shall feature variation in building materials, texture, colors and lines.
(c)
Courtyards bounded by three or more sides by the wings of a single building or by the walls of separate buildings shall have a minimum court width of two feet for each one foot in height of the tallest adjacent building.
(d)
No dwelling structure shall be located within 25 feet of another structure.
(e)
Every building shall have a minimum setback of 10 feet from any and all interior roads, driveways and parking areas.
(f)
Landscape buffers shall be provided in the following manner:
[1]
Tract buffer. Minimum width of landscaped buffer shall be 50 feet along the perimeter of the tract where the boundary is adjacent to a single-family detached zone or use, 35 feet where adjacent to a commercial use or zone, and 35 feet where adjacent to a multifamily residential use or zone or public street. Stormwater management basins are permitted to encroach into required buffers.
D.
Affordable housing. The required affordable housing set-aside shall be 20% of the total number of for-sale dwelling units developed should the affordable dwelling units be for sale or 15% of the total number of dwelling units developed should the affordable housing units be developed as family rental dwellings. Affordable housing units shall be developed in accordance with the affordable housing regulations of the Township of Edgewater Park.
§ 310-15-24 SAH Senior Affordable Housing Overlay District.
[Added 7-16-2024 by Ord. No. 2024-10]
The purpose of the SAH Senior Affordable Housing Overlay District is to facilitate the development of 100% affordable, age-restricted, multi-family dwelling, pursuant to Resolution Number 2024-65, which identified Edgewater Park Township's need for such a housing project on Block 502, Lot 11.
A.
Permitted principal uses. In the SAH Senior Affordable Housing Overlay District R-2 Single-Family Residential District, land should be used only for the following permitted uses:
B.
Permitted accessory uses. The following accessory uses should be permitted when on the same lot with and customarily incidental to the foregoing permitted uses:
(1)
Clubhouses/community buildings for multi-family housing residents and guests.
(2)
Essential utilities.
(3)
Gardening and recreational facilities (indoor and/or outdoor) for multi-family housing residents and guests.
(4)
Home occupation uses, per § 310-13-13A.
(5)
Management offices for multi-family housing residents and guests.
(6)
Off-street parking facilities.
(7)
Roof-mounted wind, solar, and photovoltaic facilities and structures.
(8)
Signs.
(9)
Storage facilities for tools and equipment for the maintenance of the grounds.
(10)
Stormwater management facilities.
(11)
Waste management and recycling enclosures.
(12)
Other customary accessory uses and structures which are clearly incidental to the principal structures and uses.
D.
Area and bulk regulations. The area and bulk regulations for this district should be in accordance with the requirements set forth below, as measured from the ultimate right-of-way:
E.
Affordable housing. 100% of all residential units approved on Block 502, Lot 11 shall be age-restricted, very-low-, low- and moderate-income housing (with the exception of an on-site super's unit, if one is provided) pursuant to the Council on Affordable Housing (COAH) regulations at N.J.A.C. 5:93 et seq., and those provisions of 5:97 et seq., upheld by the NJ Supreme Court, the Uniform Housing Affordability Controls (UHAC) at N.J.A.C. 5:80-26.1 et seq., and Chapter 120 Affordable Housing, Article III, §§ 120-37 — 120-55.
F.
Off-street parking within the district shall contain at a minimum ratio of 1.1 parking spaces for each residential unit.
G.
Design standards.
(1)
Building design. The overall size, height, and form of a building determines how large it appears and relates to its surroundings. A person relates better to building features that are of a size and scale like that of a human and/or an area's general landscape and building characteristics.
(a)
Building facade materials and colors should be comparable and compatible with the colors of the Township's existing residential development projects, as to seamlessly blend the age-restricted affordable housing units within the current development patterns of the Township.
(b)
All rooftop equipment should be screened from view by building parapets or with other materials harmonious with those used in the building facade.
(2)
Landscape design. Landscaping should be designed to be comparable and compatible with Edgewater Park's existing character and to enhance the aesthetics of development for the benefit of present and future residents and employees. Landscaping provides multiple benefits including flood control, groundwater recharge, soil nutrients, air purifiers, assist with energy efficiency, noise abatement, increase property value, reduce traffic speeds, provide habitats, and improve the health, welfare, and quality of life in the Township.
(a)
Landscape plans, details, and specifications should be prepared by a NJ-licensed landscape architect.
(b)
A minimum twenty-five-foot-wide landscaped buffer should be provided along all side and rear lot lines.
(c)
Landscaping within a required landscape buffer area should be composed of a mixture of deciduous and evergreen trees, shrubs, grasses, and other plantings and structures, such as fences and walls, to provide a continuous, year-round buffer.
(d)
The planting design should avoid linear planting of trees and shrubs in planting beds, particularly buffers. Evergreen trees should be staggered and supplemented with a mix of evergreen and deciduous shrubs as well as deciduous trees to create a naturalistic appearance. The landscape schedule should include a diverse palette of plants that offer multiple seasons of interest.
(e)
Stormwater management basins should incorporate a mix of non-invasive trees, shrubs, and ground cover in accordance with NJDEP requirements. Stormwater basins may be located within a front yard but should not be located within the required front yard buffer.
(f)
To increase the growth and survival rate of any landscape buffering proposed, the designer should incorporate drip irrigation into the planted areas to be used until the plantings have matured.
(3)
Lighting design. All parking areas, driveways, loading areas, and walkways should be illuminated for safety and security purposes. Lighting should be designed to provide security and safety, while minimizing impacts on adjacent properties.
(a)
All freestanding light fixtures should have a maximum height of 25 feet.
(b)
All building mounted lights should have a maximum mounting height of 18 feet.
(c)
All light fixtures should be arranged so that lights are directed inwards towards the site and shielded to prevent light spillage onto adjacent properties.
(d)
All lights should be directed down to prevent excess light pollution and should not exceed 3000 K.
(e)
All parking areas, loading areas, or pedestrian walkways should have a minimum level of illumination of 0.2 footcandles, and an average minimum of 0.5 footcandles throughout.
(f)
A maximum of 0.1 footcandles of illumination should be permitted along any tract boundary line.
(4)
Signage design.
(a)
A maximum of two signs are permitted: one freestanding monument sign and one wall-mounted sign are permitted. The monument sign should measure no more than 60 square feet in area and no more than eight feet in height, including its base. The building-mounted sign should measure no more than 24 square feet in area, should be permitted.
(b)
Signs should only contain the housing development name, address, and corporate logo.
(c)
Monument signs should be set back 14 feet from all property boundaries and the ultimate right-of-way.
§ 310-16-1 Accessory buildings.
A.
Prior to the construction or placement of an accessory building or structure, a zoning permit shall be issued by the Zoning Officer.
B.
No accessory structure may be built upon any lot on which there is no principal building or structure.
C.
On through lots, no accessory structure erected in the rear yard shall be nearer to the "rear" street line than the minimum front yard setback for the zone in which such lot is located.
D.
Setback. Any accessory building attached to a principal building is part of the principal building and shall adhere to the yard requirements for the principal building. Detached accessory structures that are accessory to a one- or two-family structure shall be located not less than three feet from any side and rear property line and shall be located in the rear yard.
E.
Accessory structures associated with nonresidential uses shall be located within the required setbacks for principal structures, except that refuse enclosures may encroach into the rear or side yard setback by 1/2 the setback requirement if enclosed on three sides by a masonry wall and not located within a required buffer. Refuse enclosures shall not be located in the front yard.
F.
Area. Provided adherence with lot coverage requirements of the prevailing zone, the maximum gross floor area of an accessory building, excluding utility sheds, shall be 450 square feet for parcels of less than 1/2 acre, 600 square feet for parcels of between 1/2 and two acres, and 1,000 square feet for parcels larger than two acres. A utility shed shall have a maximum gross floor area of 144 square feet, and no one wall length shall exceed 12 feet.
G.
Height. The maximum height of a detached garage shall be 16 feet, and the maximum height of a utility shed shall be 10 feet.
H.
One utility shed shall be permitted per property.
I.
Utility sheds and garages shall be anchored in such a manner to resist toppling from wind and flotation from floodwaters. Garages shall be secured to a poured concrete foundation and shall be constructed of durable, permanent materials, and shall be surrounded on all sides with nonmetal building walls, one which should contain a garage door for the entry of motor vehicles. Garages and utility sheds shall be architecturally consistent with the principal structure including building materials, colors and roof pitch.
J.
Number. One accessory structure, excluding pools, fences, patios and decks less than two feet in height, in addition to a detached garage shall be permitted on any parcel zoned or used for residential use provided a principal residential structure is situated thereon.
§ 310-16-2 Fences and walls.
A.
Prior to the construction of a fence or wall, a zoning permit shall be issued by the Zoning Officer.
B.
Plans and detailed information shall be submitted with each application for a fence or wall permit, setting forth the dimensions and materials incorporated in construction and the exact location on the premises. All plans shall comply with the Uniform Construction Code.
C.
Fences and walls shall be located within the property lines and shall not be located in any required sight triangle, nor shall they be located within any public right-of-way or drainage, utility or conservation easement.
D.
Fences and walls located between the street line and the required front yard setback line in residential zoning districts shall not exceed four feet in height. This regulation shall apply to all street frontages on corner lots. Fences located in the front yard shall have a minimum of 50% of their surface area open to permit visible penetration allowing for light and air to pass through. This regulation shall not apply to reverse frontage lots and lots fronting along alleys where the portion of the lot fronting along said public right-of-way serves as a back yard.
E.
Fences and walls accessory to residential uses and located along side and rear yards shall not exceed six feet above the finished grade.
F.
The maximum height for fences in commercial and industrial zoning districts shall be six feet. Fences shall not be permitted in a front yard in a nonresidential district unless otherwise required by this chapter.
G.
Fences and walls shall surround all swimming pools as required by state code.
H.
General regulations.
(1)
Applicability. The standards and regulations herein set forth shall apply to all fences and walls hereinafter erected, altered or reconstructed, or which are presently existing and are not considered a preexisting nonconforming use under any present or former ordinance of the Township.
(2)
Height. No fence or wall, except as provided herein, shall exceed six feet in height at the highest point above ground level, except that fences or walls located within 25 feet of any dedicated street line shall not exceed four feet at the highest point. At least 50% of the surface area of any fence or wall located within 25 feet of any dedicated street line shall have a minimum of 50% of their surface area open to permit visible penetration allowing for light and air to pass through.
(3)
Fences and walls, rear yard; height; location. Fences and walls in the rear yard of any property shall be no higher than six feet, except that no six-foot high fence or wall shall be closer than 40 feet to a right-of-way.
(4)
Recreational area fences and walls; height. Fences or walls enclosing athletic and recreational areas shall not exceed 12 feet in height above ground level. All such fences in excess of six feet in height shall be of wire mesh construction. Baseball backstops shall not exceed 17 feet in height.
(5)
Material. No fence or wall shall be fabricated, constructed or built of any material other than wood, wire, vinyl, metal, brick, stone or masonry.
(6)
Fences shall be installed with the unfinished side facing inward toward the interior of the lot on which it is installed.
(7)
Prohibited fences and walls. The following fences, fencing materials and walls are specifically prohibited:
(a)
Barbed- or razor-wire fences.
(b)
Sharp-pointed fences or walls.
(c)
Electrically charged fences, except in relation to the keeping of horses or other permitted livestock.
(d)
Temporary fences, except snow fences for the purpose of controlling snow drifting and construction fences that are temporary in function and intent.
(e)
Expandable fences.
(f)
Collapsible fences, except collapsible temporary fences which shall be permitted on municipal and school-owned properties and recreation areas in general where required for safety reasons.
§ 310-16-3 Decks, patios and swimming pools.
A.
Decks, patios and swimming pools shall not be permitted in the front yard. Swimming pools shall be permitted only in the rear yard, and in no case may a pool be located closer to the street than the principal building.
B.
Decks and patios shall be set back in accordance with the side and rear yard setback requirements of the respective zoning district in which the premises is located. Swimming pools may be set back up to five feet from the side or rear property line. For swimming pools, the setback shall be measured from the lot line to the nearest inside wall of the pool.
C.
Decks attached to the principal building shall be no higher than the floor elevation of the uppermost habitable floor. Unattached decks not associated with an aboveground swimming pool shall not exceed two feet in height, measured from original grade. Decks surrounding aboveground pools shall be no higher than the top rim of the pool.
D.
Swimming pools shall be set back at least 10 feet from any principal or accessory structure.
E.
No person shall erect, alter or relocate any deck, patio or swimming pool without a zoning permit and, when applicable, a building permit. Decks, patios and swimming pools shall conform to the Uniform Construction Code of the State of New Jersey.
F.
No private swimming pool shall be used other than as accessory to the principal use of the premises upon which it is located.
G.
Elevated lights over four feet in height used or maintained in connection with a private swimming pool shall be so located and shielded that the illumination therefrom is not directed upon any adjacent property and shall be turned off by 10:00 p.m.
H.
The yard area or portion of the yard area in which the pool is located shall be completely enclosed with a fence that is in compliance with the New Jersey Uniform Construction Code.
I.
The pool may be lighted by either underwater or exterior lights provided all exterior lights are located so that the light is neither directed or reflected upon adjacent properties. All freestanding standards used for exterior lighting shall be no closer to the edge of the pool than its height. All lighting shall be in compliance with the applicable State Uniform Construction Code.
§ 310-16-4 Rooftop units.
Rooftop units and structures, such as those associated with heating, ventilation, air conditioning, elevation, power regulation and communications, and similar purposes shall be screened from the view of residential uses or public rights-of-way by parapets or other architectural features consistent with the design of the primary structure.
§ 310-16-5 Trailers, campers and boats.
A.
No trailer, auto trailer, trailer coach, travel trailer, camper or boat shall be used for dwelling purposes, sleeping quarters or the permanent conduct of any business, profession, occupation.
B.
Trailer, camper and boat equipment may be used for a temporary construction office located on a construction site, provided that the approving authority has specifically authorized the temporary construction office and approved its location as part of its approval of a subdivision or site plan. Prior to use for a temporary construction office, a temporary permit shall be issued by the Construction Official.
C.
No trailer or other storage vehicle may be used for temporary storage in commercial districts unless a permit is issued by the Planning Board. Said permit shall be limited to storage associated with repair or remodeling of a commercial space, shall provide for substitute parking arrangements to replace parking area consumed by storage, shall be screened from the street and neighboring residential uses where feasible, and shall not exceed 30 days in duration.
D.
This section shall not be construed to prohibit the parking or storage of such equipment on private premises only. Such equipment shall not be parked on a public street in a residential zoning district for a period exceeding 24 hours.
§ 310-16-6 Off-street parking.
A.
Residential driveways. One driveway and curb cut or street access point shall be permitted per single-family dwelling, provided conformance with the following standards:
(1)
A minimum setback of five feet from any property line other than that over which ingress/egress is necessary, except that shared driveways are permitted on collector or arterial roadways.
(2)
Driveways are to be a minimum of nine feet in width.
(3)
On corner lots, driveways shall be set back a minimum of 30 feet from an intersecting roadway. Driveways on corner lots at the intersection of roadways of different classifications as defined under the New Jersey Residential Site Improvement Standards (N.J.A.C. 5:21-1 et seq.) are to be situated on the lower-order street.
B.
Off-street parking requirements.
(1)
The required parking shall be measured exclusive of interior driving lanes and maneuvering areas. All required parking shall be provided off the street and on-site.
(2)
When the computation of the number of required parking spaces results in a fraction, such fractions shall be rounded to the next highest whole number.
(3)
All parking areas shall be paved, curbed and provided stormwater management drainage improvements and appurtenances in accordance with sound engineering practice.
(4)
Dimensions. Off-street parking spaces shall be a minimum of nine feet wide and 18 feet long, except parallel parking spaces shall be 25 feet long.
(5)
Americans with Disabilities Act. The number, design, and signage of parking spaces designed for the disabled shall comply with the requirements of the Americans with Disabilities Act, Public Law 101-336, and all subsequent amendments.
(6)
Required parking spaces. The number of parking spaces required for each nonresidential use shall be determined by the amount of gross floor area as defined in this chapter or such other measure indicated below further providing the number of stalls provided shall not exceed 105% of the stated requirement. Where a particular site or facility contains more than one use, the total parking requirements shall be the sum of the component parts, unless indicated otherwise. Where specific parking requirements are not specified, the parking requirement shall be determined by the Board, taking into consideration the standards established herein.
Use | Parking Spaces Required |
|---|---|
Adult and trade school [Added 12-7-2010 by Ord. No. 2010-11] | 1 space for every instructor and staff member at the highest shift plus 1 space for every student at the peak instructional period |
Adult day care [Added 12-7-2010 by Ord. No. 2010-11] | 1 space per employee plus 1 space for facility transport vehicle plus 1 space per 10 visitors |
Assisted-living residence | 0.25 parking space per resident plus 1 space per employee on maximum shift |
Automotive dealership | 1 space for each employee during peak shift; plus 1 space per 300 square feet of building floor area; plus 1 space per every 20 outdoor vehicle display/storage spaces |
Automotive repair service and garage and body repair shop | 1 space per employee on maximum shift plus 3 spaces per service bay |
Bowling alley | 4 spaces per alley |
Commercial recreation | 1 space per employee at peak shift and 1 space per 100 square feet of gross floor area, and in the case of outdoor facilities, 1 space per 100 square feet of area in which patrons use (e.g., golf driving range: area used by patrons is the tee area from which golf balls are driven; and batting cage: area used by patrons is the entire cage) |
Community swimming pool | 1 space per 15 square feet of surface area |
Child-care center | In a freestanding building: 1 space per 250 square feet of gross floor area. In a mixed-use complex: The parking requirement shall be per the Municipal Land Use Law. |
Financial institution, bank and office | 1 space per 250 square feet of gross floor area |
Gasoline service station | 1 parking space for each employee during peak shift. If a convenience store is proposed, the convenience store shall use the retail parking standard. |
Manufacturing, assembly and fabrication | 1 space per 1,000 square feet of gross floor area |
Medical professional | 1 space per 150 square feet of gross floor area |
Mortuary and funeral home | 10 spaces per viewing room and chapel |
Nightclub | 1 space per 60 square feet of gross floor area |
Places of assembly | 1 space per 3 seats where seats are fixed. 1 space per 250 square feet of gross floor area where seats are not fixed. |
Professional and general office [Added 12-7-2010 by Ord. No. 2010-11] | 1 space per 200 square feet |
Retail sales and service | 1 space per 200 square feet of gross floor area |
Research facility | 1 space per 800 square feet of gross floor area |
Restaurant | 1 space per 3 seats plus 1 space for each employee on maximum shift |
School, grades Kindergarten through 10 | 1 space for every instructor and staff member |
School, grades 11 through 12 | 1 space for every instructor and staff member, plus 1 space for every 5 students in grades 11 through 12 |
Surgical and ambulatory center [Added 12-7-2010 by Ord. No. 2010-11] | 1 space for each employee during the largest shift and 1 space for every bed |
Veterinary hospital | 2 spaces per examination room plus 1 space per employee on maximum shift |
Warehouse, shipping and receiving | 1 space per 5,000 square feet of gross floor area |
(7)
Off-street parking requirements for residential uses shall be as specified within the New Jersey Residential Site Improvement Standards (RSIS) adopted by the State of New Jersey under N.J.A.C. 5:21-1 et seq., Table 4.4.
(8)
Location.
(a)
Parking spaces shall be located on the same lot as the use being served. No off-street parking space shall have direct access from a street.
(b)
No parking space shall be located in any required landscape buffer area.
(c)
Parking spaces for residential uses shall be located within a reasonable distance to a residential dwelling.
(d)
No commercial motor vehicle, school bus, dump truck, walk-in van or construction equipment shall be parked or stored anywhere in a residential zoning district or on any residential parcel, except when the vehicle is being used in the transaction of business with the owner or occupant of the property. Commercial motor vehicles shall include all commercially licensed vehicles and all trucks or vans with a gross registered weight in excess of 8,000 pounds. The provisions of this subsection shall not apply to the parking or storage of school buses and school vans on public school, private school or parochial school property.
§ 310-16-7 Landscape buffer areas and design.
A.
Landscape buffer areas are required between residential and nonresidential development as provided herein, unless specified otherwise in this chapter.
B.
Landscape buffer areas shall be maintained and kept clean of all debris, rubbish, weeds and tall grass by the owner. Any screen planting shall be maintained permanently, and any plant material which does not survive shall be replaced within one year or one growing season.
C.
No structure, activity, storage of materials or parking or loading of vehicles shall be permitted in a landscape buffer area.
D.
Landscape buffer areas shall extend along the full length of the respective yards in which they are required.
E.
Buffer areas, as defined in this chapter, shall be developed in an aesthetic manner for the primary purpose of screening views, providing physical separation and reducing noise and glare beyond the buffer area. Buffer area widths shall be measured horizontally and perpendicularly to lot and street lines. The preservation of all desirable existing vegetation in a buffer area shall be assured through sensitive grading and development practices. The standards for the location and design of buffer areas are intended to provide flexibility in order to provide effective buffers. The location and design of buffers shall consider the use of the portion of property being screened; the distance between the use and the adjoining property or street; differences in elevation; the type of buffer, such as planting, berming, preservation of existing vegetation, a wall, hedge or fence; buffer height; buffer width; and other combinations of man-made and natural features. The buffer shall be designed, planted, graded or developed with the general guideline that the closer a use or activity is to a property line or the more intense the use, the more effective the buffer must be in obscuring light, vision and reducing noise beyond the lot.
F.
Required landscape buffer areas. Requirements for conditional uses set forth in this chapter provide for required landscape buffer areas. In the event that no landscape buffer area is specifically provided in Article 14, Conditional Uses, the landscape buffer area required for the zoning district in which such conditional use is conditionally permitted shall apply. Further, in the event a use is permitted by the granting of a use variance, the landscape buffer area shall be determined as a result of the use variance approval process, while applying the landscape buffer area required for the zoning district in which the use variance is sought.
G.
In residential subdivisions or site plans, a fifteen-foot buffer shall be maintained along all tract boundary lines that directly abut existing residential uses or zones.
H.
Additional requirements.
(1)
In the C-1 Zone, landscaping shall be provided in all yards, and a ten-foot-wide buffer shall be provided along side and rear yards. When commercial use abuts a residential use or zone, a solid fence at least six-feet-high shall also be provided in addition to the landscaping to enhance the buffer and provide an effective screen. A minimum five-foot-wide landscaped area shall be provided along the front property line.
(2)
In the C-2 Zone, landscaping shall be provided in all yards and a ten-foot-wide buffer shall be provided along side and rear yards where a commercial use abuts a residential use or zone. A ten-foot-wide landscaped area shall be provided along the front property line.
(3)
In the C-3, C-LI and I Zones, landscaping shall be provided in all yards, with minimum planted areas of at least 20 feet wide in the front yard and 15 feet wide in side and rear yards when abutting nonresidential uses or zones; and 30 feet wide along side and rear yards when abutting residential uses or zones.
(4)
In the Cemetery Zone, a fifteen-foot-wide perimeter buffer shall be provided from all property lines.
§ 310-17-1 Zoning permit and construction permit requirements.
[Amended 2-18-2014 by Ord. No. 2014-1]
No person shall erect, alter or relocate any sign without obtaining both a zoning permit and a construction permit, unless exempted under the following provisions. Prior to submission for a construction permit, an application for a zoning permit shall be made to the Zoning Officer. Upon approval of a zoning permit, application shall be made to the Construction Official for a construction permit. The permit fees for such signs shall be as provided in the schedule set forth in Township ordinances. Whenever a sign is changed, the fee for such change shall be as provided in the schedule set forth the Township ordinances. Normal maintenance and the removal of a sign shall not require a permit.
§ 310-17-2 General regulations.
[Amended 2-18-2014 by Ord. No. 2014-1]
A.
Prohibited signs.
(1)
Animated, flashing and illusionary signs. Signs using mechanical and/or electrical devices to revolve, flash, change intensity of illumination or display movement or the illusion of movement. Prohibited signs shall include changeable-type signs and reader-board signs. An exception to this requirement is digital display signs as permitted by § 310-17-7.
(2)
Signs illuminated externally by bare bulbs.
(3)
Banner-type signs, except in celebration of public events and erected with the approval of the governing body.
(4)
Mobile signs, including signs that are not permanently attached to a building, or not placed in the ground in such a fashion as to be permanent in a manner conforming to the Uniform Construction Code, or signs mounted on wheels, trailers or unregistered motor vehicles. Delivery trucks should be stored out of sight of the front of the building. Any registered vehicle(s) that has as its principal purpose the advertising of a business from a site as opposed to serving as a delivery or service vehicle for other business purposes of this section is prohibited. If a vehicle with advertising on it is not parked on the property where the business is located, out of sight of the front of the building, and remains in a single location for more than two hours and is not actively engaged in making a delivery, it shall be presumed that it is in violation of this section.
(5)
Neon-lit signs, except for neon illumination covered by a colored, translucent lens to ensure that there are no exposed neon bulbs, channels or tubes visible from the street or adjacent properties.
(6)
No signs shall be placed within the right-of-way which is defined for purposes of this restriction as the area between the street paving and the furthest edge of the sidewalk, or, if there is no sidewalk, the area extending back 10 feet from the edge of the street paving. Any sign so placed shall be subject to removal and destruction by the Township.
(7)
Signs shall not be painted or otherwise applied directly to the surface of a building.
(8)
All signs not specifically permitted are prohibited.
B.
Attached signs. Signs parallel to walls shall project between six inches and 15 inches from the surface of the wall. Signs perpendicular to walls shall extend no more than five feet from the surface of the wall, shall not exceed four square feet in sign area, shall be supported in a structurally sound manner approved by the Township Engineer and/or Construction Official and shall have a clearance of at least nine feet between the bottom of the sign to the finished grade.
C.
Sign height. Unless otherwise specified herein, the height of any attached sign shall not exceed 10% of the height of the wall to which it is attached, except that such sign can be at least two feet in height. No attached sign shall extend above a roofline.
D.
Window signs and posters. Promotional signage and posters displayed in windows shall be fastened or hung on the interior side of the window and shall not exceed 10% of the total window area.
E.
Illuminated signs. Indirect lighting shall be used for signs wherever feasible. All lighted signs shall have the light source shielded from adjoining or nearby lots, streets and interior drives. Illuminated signs shall have translucent fixtures.
F.
Monument signs. All monument signs shall be mounted on masonry and have complementing landscaping along the base.
G.
Exemptions from sign permits. Street number designations, highway signs, postal boxes, family names on residences, on-site traffic directional and parking signs not exceeding four square feet in area, signs posting property as "private property," "no hunting," "danger," "warning" or for similar purposes are permitted but are exempt from other sign area limits as set forth in this chapter. Such signs, unless otherwise indicated, shall not exceed two square feet each.
H.
No person shall erect, alter or relocate any sign within the public right-of-way or sight triangle.
I.
All signs, including LED/digital display signs, shall be maintained in good working condition. Any nonfunctioning or malfunctioning panels, modules and/or bulbs shall be promptly repaired or replaced. Faded signs shall be repainted or replaced. Inspections for compliance with this requirement shall be made at the discretion of the Zoning Officer and or Property Maintenance Inspector.
§ 310-17-3 Temporary signs.
A.
Construction signs, nonresidential. No more than one sign naming the project under construction and the participating firms and individuals is permitted on the construction site, beginning with the issuance of a building permit and terminating with the issuance of a certificate of occupancy or the expiration of the building permit, whichever comes first. Such signs shall not exceed an area of 32 square feet.
B.
Construction sign, residential. Not more than two temporary ground signs for an approved residential development shall be permitted, provided that each sign does not exceed 12 square feet, shall be no closer than 15 feet to any street or side lot line and shall be removed within 30 days after all lots or units have been sold or rented.
C.
Real estate signs. Real estate signs shall be set back at least 10 feet from the edge of the street paving and 10 feet from all property lines and shall not exceed four square feet on each side. Signs shall be removed at the expense of the advertiser within 15 days after the termination or completion of the matter being advertised. They do not require a permit. No more than one sign shall be permitted along each street. Real estate signs shall be permitted only on the lot that the sign is advertising.
D.
Open house signs. Real estate open house signs shall be permitted the day of the event and two days prior to the event. Open house signs and directional signs shall be removed within one hour after the close of the event. No open house or open house directional sign shall be placed on any property without the consent of the property owner.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
E.
Election and charitable special event signs. Temporary signs advertising a special event by a charitable organization, or election signs shall be erected no more than one month prior to the event and shall be removed within five days after the event shall have taken place.
F.
One-day event signs. Signs advertising a one-day yard sale or other one day event not including signs permitted under Subsections D and E shall not be displayed for more than two days preceding the event and shall be removed within one day after the event. One-day event signs shall not exceed three in number, two of which shall be no larger than four square feet and the third of which shall be no larger than nine square feet, and this third sign shall be located on the premises where the yard sale or other event is to take place. No permit shall be required for signs permitted under this section.
G.
Mechanics and artisans. Each mechanic and artisan is permitted to erect one sign during the period when the mechanic or artisan is actively performing work on the lands or premises where the sign is placed. The sign shall have a maximum of six square feet, and it shall not be placed in such a way that it interferes with visibility for motorists exiting the premises.
§ 310-17-4 Signs for certain uses.
A.
Public and quasi-public uses, places of worship and schools. One attached or monument sign not exceeding 12 square feet may be located on the premises of places of worship, schools, quasi-public and public buildings and grounds. The sign regulations shall not apply to signs or banners placed by the Township along streets, notwithstanding that such signs or banners may be sponsored and have a portion of the sign or banner acknowledging the sponsor. No fee shall be required in connection with the permit for such a sign.
B.
Gasoline service stations. Gasoline service stations may display the following special signs:
(1)
One monument sign advertising the name of the station, including the company or brand name, insignia or emblem, provided that such sign area shall not exceed 50 square feet and shall be at least 15 feet from the property line. Said sign shall not exceed the applicable height requirements established in § 310-17-6 for monument signs. One monument sign per street frontage shall be permitted; however, an additional sign may be permitted for additional frontages if it is demonstrated to the Board's satisfaction that the signs are separate enough to not be seen simultaneously. The monument sign may have a supplementary price sign, provided that it is mounted on the same support structure as the monument sign, that the price sign does not exceed 25 square feet in sign area and that the lowest part of the price sign is at least four feet above the finished grade.
(2)
Incidental signs advertising services, trade information, credit cards, prices and information other than product advertising are permitted, provided that no one sign exceeds 10 square feet, there is no more than one such sign per street frontage and all are set back at least 20 feet from the curbline.
(3)
In addition to the monument sign permitted herein, gasoline service stations that have a canopy over the fuel-dispensing islands shall be permitted one sign on the canopy, with the sign area limited to no more than 10% of the area of the longest facade of the canopy.
§ 310-17-5 Signs within residential zoning districts.
A.
Apartment complexes and townhouses. One monument sign shall be permitted indicating the name of the development and street address. Said sign shall not exceed 12 square feet in area and a maximum height of four feet, and shall be no closer than 10 feet to any right-of-way.
B.
Home occupations. Where permitted, one attached sign providing only the name and occupation, not exceeding two square feet and attached flush with the facade of the dwelling. Such sign shall not be illuminated. A home occupation sign shall be provided in lieu of a separate residential sign that is exempted in the provisions set forth in § 310-17-2G.
§ 310-17-6 Signs within nonresidential zoning districts.
A.
C-1 Neighborhood Commercial and C-2 Downtown Commercial Zoning Districts.
(1)
Freestanding businesses not part of a multitenant commercial facility. There shall be no more than two business signs per freestanding business. No more than one sign shall be permitted to be an attached sign, and no more than one sign shall be permitted to be a monument sign.
(2)
Parallel attached signs. Maximum sign area shall be the lesser of 30 square feet or 10% of the exterior facade elevation.
(4)
Monument sign. Maximum sign area shall be 30 square feet; maximum sign height shall be six feet and minimum setback from curbline shall be 15 feet.
(5)
Awning or canopy signs. Awning or canopy signs may be permitted in lieu of parallel or perpendicular attached signs and in addition to monument signs permitted in this subsection, provided said signage considered with attached signage does not exceed in aggregate the square footage limitation for attached signs; further providing adherence to the requirements set forth in this subsection. Multiple perpendicularly attached signs and awning or canopy signs shall not be permitted.
(a)
Signs may be permitted as part of an awning, provided that the sign does not exceed 20% of the surface area of the awning.
(b)
Signs may be permitted on each vertical face of a canopy, provided that the sign does not exceed 10% of the surface area of each vertical face of the canopy on which the sign is to be located.
(6)
Multitenant commercial facilities. Multitenant commercial facilities consisting of two or more businesses in a building or buildings shall be permitted to have one attached sign per business and no more than one monument sign on the premises.
(a)
Attached signs. Each tenant may have one attached sign equal to two square feet per linear foot of building facade dedicated to that tenant, not to exceed 20 square feet. Signs shall be located on the front facade, or in the alternative, may be located on the facade that contains that tenant's primary entrance. Signs shall be consistent in style and color and shall be consistently located in a band above the store entrances.
(b)
In the case where a building contains multiple stories, tenant signs shall be located along the same story, regardless of actual tenant locations within buildings.
(c)
Perpendicularly attached signs. As an alternative to parallel attached signs, multitenant commercial facilities may utilize perpendicularly attached signs.
(d)
Awning and canopy signs shall comply with the provisions set forth in § 310-17-6A(5).
(e)
No window signage is permitted on second, third or fourth floors.
(f)
Monument signs. Maximum sign area shall be 65 square feet, and maximum sign height shall be eight feet. Each tenant may be provided contiguous sign area roughly proportional to the percentage of space occupied by the tenant and shall contain the site's street address. Such signs shall be set back at least 15 feet from the curbline and shall be uniform to all other applicable provisions of § 310-17-2.
B.
C-3 Highway Commercial and C-LI-1 and C-LI-5 Commercial Light Industrial Zoning Districts.
(1)
Freestanding businesses not part of a multitenant commercial facility. There shall be no more than two business signs per freestanding business. No more than one sign shall be permitted to be an attached sign, and no more than one sign shall be permitted to be a monument sign.
(a)
Parallel attached signs. Maximum sign area shall be the lesser of 40 square feet or 10% of the exterior facade elevation.
(c)
Monument sign. Maximum sign area shall be 75 square feet; maximum sign height shall be eight feet and minimum setback from curbline shall be 15 feet.
(d)
Awning or canopy signs. Awning or canopy signs may be permitted in lieu of parallel or perpendicular attached signs and in addition to monument signs permitted in this subsection, provided said signage considered with attached signage does not exceed in aggregate the square footage limitation for attached signs; further providing adherence to the requirements set forth in this subsection. Multiple perpendicularly attached signs and awning or canopy signs shall not be permitted.
[1]
Signs may be permitted as part of an awning, provided that the sign does not exceed 20% of the surface area of the awning.
[2]
Signs may be permitted on each vertical face of a canopy, provided that the sign does not exceed 10% of the surface area of each vertical face of the canopy on which the sign is to be located.
(2)
Multitenant commercial facilities. Multitenant commercial facilities consisting of two or more businesses in a building or buildings shall be permitted to have one attached sign per business and no more than one monument sign on the premises.
(a)
Attached signs. Each tenant may have one attached sign equal to two square feet per linear foot of building facade dedicated to that tenant, not to exceed 20 square feet. Signs shall be located on the front facade, or in the alternative, may be located on the facade that contains that tenant's primary entrance. Signs shall be consistent in style and color and shall be consistently located in a band above the store entrances.
(b)
In the case where a building contains multiple stories, tenant signs shall be located along the same story, regardless of actual tenant locations within buildings.
(c)
Perpendicularly attached signs. As an alternative to parallel attached signs, multitenant commercial facilities may utilize perpendicularly attached signs.
(d)
Awning and canopy signs shall comply with the provisions set forth in § 310-17-6B(1)(d).
(e)
Monument signs. Maximum sign area shall be 100 square feet, and maximum sign height shall be eight feet. Each tenant may be provided contiguous sign area roughly proportional to the percentage of space occupied by the tenant and shall contain the site's street address. Such signs shall be set back at least 25 feet from the curbline and shall be uniform to all other applicable provisions of § 310-17-2.
(f)
No window signage is permitted on second, third or fourth floors.
C.
I Industrial Zoning District.
(1)
No more than one attached wall sign or hanging wall sign shall be permitted and shall be located on one side of the main principal building or structure. Maximum sign area shall not exceed 40 square feet or 10% of the area of the wall to which it is attached or located, whichever is less.
(2)
Monument sign. Maximum sign area shall be 65 square feet and maximum sign height shall be six feet. Such signs shall conform to all applicable provisions in § 310-17-2 and shall be set back at least 15 feet from the curbline. All monuments signs must be mounted on masonry and have complementing landscaping along the base.
(3)
On buildings with multiple tenants, multitenant commercial facilities consisting of two or more businesses in a building shall be permitted to have one attached or wall sign per business; two square feet per linear feet of building facade dedicated to a particular tenant, not to exceed 20 square feet per tenant. No more than one monument sign shall be permitted on the premises, not to exceed 65 square feet set back 15 feet from the curbline.
§ 310-17-7 Digital display signs.
[Added 2-18-2014 by Ord. No. 2014-1]
A.
LED/digital display signs shall be permitted along Route 130 only, except that all municipal facilities and schools shall be permitted to have one digital display sign per facility.
C.
LED/digital display signs shall contain static messages only. Flashing, video, scrolling, whirling, changing color, or fading in or out, or movement on any part of the sign or structure is prohibited.
D.
A ten-second-minimum message display time is required.
E.
A one-second-maximum message transition is permitted. A transition consisting of flashing, video or changing color is prohibited.
F.
Green, yellow, or red backgrounds or any combinations thereof are prohibited.
H.
Digital display sign illumination.
(1)
The digital sign must have automatic dimming software or solar sensors that reduce luminance during nighttime hours to the level specified in this subsection.
(2)
A maximum of 5,000 nits (candelas per square meter) at the sign face is permitted during daylight hours.
(3)
A maximum of 500 nits (candelas per square meter) at the sign face is permitted between dusk and dawn.
(4)
A maximum of 0.2 footcandle at 150 feet from the sign face is permitted.
(5)
The sign shall not display light of such intensity or brilliance to cause glare or otherwise impair the vision of drivers or results in a nuisance.
(6)
The requirements of this subsection shall be verified biennially, and a report (on company letterhead, signed by the person qualified to use the instrumentation) specifying the actual measurement values shall be delivered to the Zoning Officer.
§ 310-17-8 Illumination of signs.
[Added 2-18-2014 by Ord. No. 2014-1]
A.
Where illumination of signs is permitted, the use of a shielded or indirect nonflashing light (preferably white), or an interior sign light with a translucent face shall be required to reduce undue glare, or offensive or annoying light to surrounding residents.
C.
Illuminated tubing or light strings outlining roofs, doors, or wall edges of a building are not permitted.
D.
For all signs not located on Route 130, all lighting associated with signs shall be extinguished by 11:00 p.m., or at the close of the corresponding business, whichever occurs last. The Zoning Officer may authorize extended lighting hours to assist in property protection with the recommendation of the Chief of Police.
E.
Gooseneck reflectors and lights shall be permitted on ground signs and wall signs, provided the reflectors have lenses that concentrate the illumination on the sign area so as to prevent glare upon the street or surrounding properties.
F.
Floodlights at ground level or located within 12 feet of ground level shall be located and shielded so as to prevent any glare or blinding effect upon any lane of moving traffic.
G.
No illuminated sign shall interfere with radio, television, WiFi reception, electrical appliances, or road or highway visibility.
§ 310-18-1 Air, water and environmental pollution.
No use shall emit heat, odor, vibrations, noise or any other pollutant into the ground, water or air that exceeds the most stringent applicable state and federal regulation. No permit shall be issued for any use where a state permit is required until the state has ascertained and approved the level and quality of emission, type and quality of emission control and the level of monitoring to be conducted.
§ 310-18-2 Storage and waste disposal.
No materials shall be deposited so they can be transferred off the lot, directly or indirectly, by natural forces such as precipitation, surface water, evaporation or wind. All materials that might create a pollutant or be a safety hazard or a health hazard shall be stored indoors and/or be enclosed in appropriate containers to eliminate such pollutant or hazard. No flammable or explosive substance shall be stored on a property except under conditions approved by the Fire Inspector/Department. No bulk storage of materials or equipment shall be in any front yard. Each site shall provide appropriate area(s), properly screened from adjacent property, for the orderly deposit and pickup of trash, refuse and recyclables.
§ 310-18-3 Design of containment areas for designated recyclable materials on residential sites.
[Added 12-7-2010 by Ord. No. 2010-10]
A.
Purpose. The Township of Edgewater Park finds that reducing the amount of solid waste and conservation of recyclable materials is an important public concern and is necessary to implement the requirements of the SWMA and the County Plan. Areas for the collection of recyclables on residential properties should be designed to effectuate collection of material in a safe and sanitary manner and should be sized to meet current industry standards for volumes and containers.
B.
Statutory authority. This section is adopted pursuant to P.L. 1987, c. 102 (effective April 20, 1987), N.J.S.A. 40:48-2, N.J.S.A. 40:66-1 and N.J.S.A. 40:49-2.1 and any amendments adopted thereto.
C. ACT or SWMA BURLINGTON COUNTY REGIONAL PROGRAM CLASS A RECYCLABLE MATERIAL COMMINGLED COMMON AREA RECYCLING STORAGE LOCATION CONDOMINIUM COMPLEX CORRUGATED AND OTHER CARDBOARD COUNTY CURBSIDE DESIGNATED RECYCLABLES CURBSIDE RECYCLING CONTAINER DEP or DEPARTMENT DESIGNATED RECYCLABLE MATERIALS DSW FIBER MOBILE HOME PARK MULTIFAMILY DWELLING MUNICIPAL SOLID WASTE MUNICIPALITY PAPER PERSON QUALIFIED PRIVATE COMMUNITY RECYCLABLE MATERIALS RECYCLING RESIDENT SOLID WASTE SOURCE SEPARATED SWMA
Definitions. As used in this section, the following definitions shall apply:
The Solid Waste Management Act, N.J.S.A. 13:1E-1 et seq., as amended and supplemented.
The program utilized for the collection of those recyclable materials as designated by the Department of Solid Waste from residential curbside, participating multifamily and participating school collection programs.
Source separated, nonputrescible, metal, glass, paper and plastic containers; and corrugated and other cardboard.
A combining of source-separated recyclable materials for the purpose of recycling.
A location designed in accordance with the land use ordinances of this municipality as required for multifamily dwellings with more than 20 residential units where curbside collection is not provided under the Burlington County Regional Program.
A group of units, arranged horizontally or vertically, where the form of ownership of real property under a master deed providing for ownership by one or more owners of units of improvements together with an undivided interest in common elements appurtenant to each such unit.
All corrugated cardboard normally used for packing, mailing, shipping or containerizing goods, merchandise or other material, but excluding plastic, foam or wax-coated or soiled corrugated cardboard.
The Burlington County Board of Chosen Freeholders, and its successors and assigns, acting through the Burlington County Department of Solid Waste.
Those designated recyclables that are placed for collection within the parameters of the curbside collection program as outlined herein.
A container(s) provided by the municipality or persons for the temporary storage of recyclable materials within the residential unit(s).
The New Jersey Department of Environmental Protection.
Those recyclable materials to be source separated in this municipality, including but not limited to aluminum cans, antifreeze, consumer electronics, corrugated cardboard, fluorescent lights, glass containers, lead acid batteries, leaves, metal appliances, paper, plastic bottles (coded #1 & #2), rechargeable batteries, steel (tin) cans, textiles, tires and used motor oil.
The Burlington County Department of Solid Waste, its successors and assigns.
All newspaper, fine paper, bond paper, junk mail, office paper, magazines, paperback books, school paper, catalogs, computer paper, telephone books, chipboard, corrugated and other cardboard and similar cellulosic material, whether shredded or whole, but excluding wax paper, plastic or foil-coated paper, thermal fax paper, carbon paper, blueprint paper, food-contaminated paper, soiled paper and cardboard.
Any park, including a trailer park or camp, equipped to handle mobile homes sited on a year-round basis as defined in N.J.S.A. 2A:18-61.7 et seq.
Any building or structure or complex of buildings or structures in which three or more dwelling units are rented or leased or offered for rental or lease for residential purposes; whether privately or publicly financed, except hotels, motels or other guest houses serving transient or seasonal guests as those terms are defined under Subsection (j) of Section 3 of the Hotel and Multiple Dwelling Law, P.L.1967, c. 76 (N.J.S.A. 55:13A-1 et seq.) and N.J.S.A. 40:66-1.2 et seq.
Residential, commercial and institutional solid waste generated within a community.
The Township of Edgewater Park located within the County of Burlington, State of New Jersey.
All newspaper, fine paper, bond paper, junk mail, office paper, magazines, paperback books, school paper, catalogs, computer paper, telephone books and similar cellulosic material whether shredded or whole, but excluding tissue and towel paper, wax paper, plastic or foil-coated paper, thermal fax paper, carbon paper, NCR paper, blueprint paper, food contaminated or soiled paper.
Any individual, firm, partnership, corporation, association, cooperative enterprise, trust, municipal authority, federal institution or agency, state institution or agency, municipality, other governmental agency of any other entity or any group of such persons, which is recognized by law as the subject of rights and duties.
A residential condominium, cooperative or fee simple community or horizontal property regime, the residents of which do not receive any tax abatement or tax exemption related to its construction comprised of a community trust or other trust device, condominium association, homeowners' association or council of co-owners, wherein the cost of maintaining roads and streets and providing essential services is paid for by a not-for-profit entity consisting exclusively of unit owners within the community. No apartment building or garden apartment complex owned by an individual or entity that receives monthly rental payments from tenants who occupy the premises shall be considered a qualified private community. No "proprietary campground facility," as defined in Section 1 of P.L. 1993, c.258 (N.J.S.A. 45:22A-49), shall be considered to be a qualified private community.
Materials that would otherwise become solid waste that can be separated, collected and/or processed and returned to the economic mainstream in the form of raw materials or products.
Any process by which materials, which would otherwise become solid waste, are collected, separated or processed and returned to the economic mainstream in the form of raw materials or products.
Any person residing within the municipality on a temporary or permanent basis, but excluding persons residing in hotels or motels.
Garbage, refuse and other discarded materials, as defined in N.J.S.A. 13:1E-1 et seq. and N.J.S.A. 48:13A-1 et seq.
Recyclable materials separated from the solid waste stream at the point of generation.
The New Jersey Solid Waste Management Act, as amended.[1]
[1]
Editor's Note: See N.J.S.A. 13:1E-1 et seq.
D.
Design of containment areas for designated recyclable materials on residential sites.
(1)
Design standards for common area recycling storage locations.
(a)
In accordance with Chapter 437, Solid Waste, Article III, Recycling, every multifamily, qualified private community and mobile home park within the Township of Edgewater Park shall be required to provide, for the use of its residents, centralized and common locations on its property for the storage, prior to collection, of source-separated recyclables generated by the residents of the property.
(b)
Each common area recycling storage location shall, at a minimum, conform to the following standards:
[1]
The dimensions of the recycling storage location shall be sufficient to accommodate recycling containers which are of size and number as required by the DSW and which are consistent with current methods of collection utilized by the Burlington County Regional Program or the private collection company being utilized. The following tables indicate the Minimum Container Capacity Requirements for Weekly Recycling Service and Common Container Dimensions.
Minimum Container Capacity Requirements for Weekly Recycling Service | ||
|---|---|---|
Dual Stream Collection | Fiber (paper and cardboard) | Commingled (bottles and cans) |
Non-age-restricted complex | 1 cubic yard of capacity for every 15 dwelling units | 0.47 cubic yards (96 gallons) of capacity for every 18 dwelling units |
Age-restricted complex | 1 cubic yard of capacity for every 20 dwelling units | 0.47 cubic yards (96 gallons) of capacity for every 24 dwelling units |
Single stream collection | Fiber and commingled | — |
Non-age -restricted complex | 2 cubic yards of capacity for every 20 units | — |
Age-restricted complex | 1.4 cubic yards of capacity for every 20 units | — |
Common Container Dimensions | |||
|---|---|---|---|
Size (cubic yards) | Length (inches) | Width (inches) | Height (inches) |
1 | 72 | 24 | 29 |
2 | 72 | 34 | 45 (rear)/34 (front) |
3 | 72 | 43 | 48 (rear)/40 (front) |
4 | 72 | 51 | 56 (rear)/46 (front) |
6 | 80 | 66 | 71 (rear)/47 (front) |
8 | 80 | 71 | 86 (rear)/53 (front) |
[2]
Unless expressly prohibited by a municipality, or not feasible due to existing site constraints, recycling containers for all Class A designated recyclables shall be co-located at all solid waste collection areas within the complex.
[3]
The recycling storage locations shall be conveniently located for the residential disposition of source-separated recyclable materials, preferably co-located, but clearly separated from, refuse containers.
[4]
Outdoor recycling storage locations shall include a concrete pad of the size as specified herein. The dimensions of the recycling storage location shall provide sufficient area for the required container(s):
 |
[5]
The recycling storage locations shall be well lit and shall be safely and easily accessible by recycling personnel and vehicles. Collection vehicles shall be able to access the recycling areas without interference from parked cars or other obstacles. The following turning template can be used to plan vehicular accessibility to recycling storage locations:
 |
[6]
Reasonable measures shall be taken to protect the recycling areas and the bins or containers placed therein against theft of recyclable materials or the bins or containers themselves.
[7]
Signs as approved by the DSW clearly identifying the recycling areas and the materials accepted therein shall be posted adjacent to all points of access to the recycling areas.
[8]
Each recycling area shall be enclosed on three sides by a solid fence or masonry enclosure six feet in height and shall be surrounded by landscaping. A durable closable access gate on the fourth side should be provided.
(2)
Recycling container storage design standards; new residential construction. In order to facilitate recycling in all new construction, and to avoid the creation of unhealthful or cramped storage situations, sufficient storage shall be available for recycling containers within all new construction of residential housing.
(a)
Recycling storage locations. Curbside recycling container storage locations shall not include basements that require the negotiation of stairs, or any location either above or below finished grade. Locations shall be on a hard-wearing, smooth continuous surface with access to a path with a width no less than three feet and headroom of not less than seven feet.
(b)
Single-family and two-family dwellings. Each residential dwelling unit shall be designed to provide a curbside recycling storage container storage location containing at a minimum, dimensions (l x w x h) of no less than 36 inches by 32 inches by 84 inches per unit. The location shall be clearly marked as such on floor plans of the dwelling unit if to be located inside the dwelling unit. If to be located outside the dwelling unit, adequate storage space for the container shall be identified on the property survey. This shall be done at the time of subdivision approval, if applicable, or at the time of zoning or building permit application.
(c)
Multifamily and condominium complex dwellings. Curbside recycling container storage locations shall be provided for each multifamily and condominium complex dwelling where common area recycling storage locations are not otherwise provided. Each multifamily and condominium complex dwelling unit shall be designed to provide a curbside recycling container storage location containing at a minimum, dimensions (l x w x h) of no less than 36 inches by 32 inches by 84 inches per unit. The location shall be clearly marked as such on floor plans of the dwelling unit if to be located inside the dwelling unit. If to be located outside the dwelling unit, adequate storage space for the container shall be identified on the site plans or subdivision plans.
E.
Construction. The terms and provisions of this chapter are to be liberally construed, so as best to achieve and to effectuate the goals and purposes hereof. This chapter shall be construed in pari materi with the SWMA and the County Plan.