Elsinboro City Zoning Code
PART 3
Zoning
§ 115-34 Zoning district designation.
A.
For the purposes of this chapter, the Township of Elsinboro is hereby divided into districts as follows:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
CONS | Conservation |
RR-A | Rural Residential-Agricultural |
LR | Low Density Residential |
MR | Medium Density Residential |
C | Commercial |
B.
District map. The boundaries of these zoning districts are established on the map entitled "Elsinboro Township Zoning Map," dated February 1, 1979, or as may be subsequently amended. Said map and all notions, references, and dates pertaining to zoning and zoning districts shown thereon are hereby incorporated by reference into this chapter and shall be as much a part of this chapter as if they were fully described herein.[1]
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
C.
Interpretation. Where uncertainty exists as to the exact location of any boundary shown on said Zoning Map, the following rules shall apply:
(1)
Zoning boundary lines are intended to follow the line of streets, railroad rights-of-way, or stream channels and other natural features where possible. Where zoning boundaries do not follow such features, they shall be determined either by the dimensions shown on the map or by use of the graphic scale shown thereon.
(2)
Where boundary lines are not fixed by dimensions and where they do not scale more than 10 feet distant from a plat or tax map line, such lot lines shall be construed to be the boundary line.
(3)
Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map, or in other circumstances not covered by Subsection C(1) and (2) above, the Planning Board shall interpret the district boundaries.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
§ 115-35 District regulations.
District regulations as set forth in the Schedule of District Regulations and in specified supplementary sections are hereby adopted by reference and declared to be a part of this chapter.[1]
[1]
Editor's Note: The Schedule of District Regulations is included as an attachment to this chapter.
§ 115-36 Justification and intent of district category, location and regulation.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The zoning district categories, location, and regulation have been based upon the Township land use policy established in the Elsinboro Township Master Plan. The justification and intent of each zoning district as expressed in the adopted plan are summarized below:
A.
CONS - Conservation District. The Conservation District includes the extensive wetlands of the Township and much of the flood-prone areas. The intent of the regulations for the district is to preserve the sensitive ecological balance in this part of the Township and to preclude development. Development of any type would only be permitted in extraordinary circumstances because of the sensitive ecology, severe limitations for development, and the flood-prone nature of the area.
B.
RR-A - Rural Residential-Agricultural District. The Rural Residential-Agricultural District encompasses most of the inland portion of the Township. This area is characterized by prime agricultural soils amidst large, poorly drained areas. The intent of this zoning district is to maintain land economics favorable to farming activity and to minimize the potential for and impact of residential development in this area. Because of the moderate and severe limitations for the on-site disposal of septic effluent, only rural residential development is permitted on a minimum lot size in excess of one acre.
C.
LR - Low Density Residential District. The Low Density Residential District includes much of the area along the Delaware River. The intent of the zoning district regulations is to encourage continued residential development in this area in deference to other parts of the Township. The density of permitted development is based on the capability of the land to support residential development.
D.
MR - Medium Density Residential District. Residential development is also encouraged in this partially developed area near Salem City. The Medium Density Residential District is appropriate for some continued residential growth because of excellent development capabilities as well as the proximity to facilities, services, and employment in Salem City. Concentrated residential development will be confined to this district to prevent further impacts on agricultural activities.
E.
C - Commercial District. The intent of the Commercial District is to encourage limited retail commercial establishments and professional services to locate in proximity to the existing and proposed residential area (LR) in the western part of the Township.
§ 115-37 Use regulations.
No use or occupancy of any building, structure or land shall hereafter be changed to a different use or occupancy and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered unless in conformity with all of the regulations herein specified for the district in which it is located, except as hereinafter provided.
§ 115-38 Prohibited uses.
A.
Prohibited uses in all zones. Uses that are prohibited in all zones are uses not expressly permitted in the Schedule of District Regulations,[1] including, not by way of limitation, the following:
(1)
Junkyards, including automobile wrecking.
(2)
Earth extraction or land mining operations.
(3)
Dumping or disposal of waste or scrap material of any kind, except when approved as a conditional use.
(4)
Bulk storage (more than 5,000 gallons) of petroleum, petroleum products or any other flammable liquids, solids, or gases.
(5)
Commercial slaughterhouses.
(6)
Mobile homes or trailers for human habitation on separate lots or in mobile home or trailer parks.
(7)
Fertilizer production or processing.
(8)
The use of any land, building, or equipment of any kind for the temporary or permanent storage of spent nuclear fuel or radioactive waste material of any kind. The transportation of such spent nuclear fuel or radioactive waste material through the Township shall conform to all applicable Nuclear Regulatory Commission and Department of Environmental Protection regulations.
[1]
Editor's Note: The Schedule of District Regulations is included as an attachment to this chapter.
B.
All classes of cannabis establishments (including cannabis cultivators, cannabis manufacturers, cannabis wholesalers, and cannabis retailers), cannabis distributors, and cannabis delivery services, as such terms are defined in Section 3 of the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (P.L. 2021, c. 16) (the "Act");[2] all medical cannabis-related land use and development, including but not limited to medical cannabis cultivators, medical cannabis manufacturers, medical cannabis dispensaries, and all other alternative treatment centers as defined by the Act; and all other cannabis-, medical-cannabis-, and marijuana-related land use and development, whether recreational, medical or otherwise, and whether or not licensed or regulated pursuant to other laws, including but not limited to cannabis, medical cannabis, and marijuana cultivation, production, manufacturing, testing, and sales, are prohibited in all Elsinboro Township zoning districts, provided that the lawful transfer and delivery of cannabis items, medical cannabis items, and cannabis- and medical-cannabis-related supplies to locations within Elsinboro Township by transfer or delivery services that are based outside of Elsinboro Township, and the lawful possession and lawful private use of cannabis, medical cannabis, or other marijuana-related products by persons within Elsinboro Township shall not be prohibited. The foregoing prohibitions have been enacted in conformance with Section 31.b of the Act, to become effective prior to the August 22, 2021, deadline established in Section 31.b of the Act.[3]
[Added 7-6-2021 by Ord. No. 2021-06]
§ 115-39 Area regulations.
A.
No building or other structure shall hereafter be erected or altered to exceed the height, to accommodate or house a greater number of families, to occupy a greater percentage of lot area, or to have a narrower or smaller rear yard, front yard, side yard or other open spaces than are herein provided, or in any other manner contrary to the provisions of this chapter, except as hereinafter provided.
B.
Contiguous lots. If two or more lots or combinations of lots or portions of lots with contiguous frontage in single ownership are of record at the time of passage or amendment of this chapter, and if all or part of the lots do not meet the requirements for lot width and area as established by this chapter, the lands involved shall be considered to be an undivided parcel for the purpose of this chapter, and no portion of said parcel shall be used or sold which does not meet lot width and area requirements established by this chapter, nor shall any division of the parcel be made which leaves remaining any lot with width or area less than the requirements stated in this chapter.
C.
Corner lots. Building setback lines for a corner lot shall be the same as required on the adjoining lot along either block.
D.
Existing lots. A lot failing to meet the district requirements for area or width and which is demonstrated to have been of public record and not of contiguous frontage with other lots in the same ownership at the time of enactment of this chapter may be used for a permitted use in the district in which it is located only upon the issuance of a variance by the approving authority after public hearing and a showing by the applicant that he cannot reasonably obtain additional space to meet chapter requirements. Any variance granted shall constitute the minimum adjustment necessary to permit the reasonable use of the lot.
E.
Front yard requirement modifications.
(1)
Where a lot has frontage upon a county road proposed for right-of-way widening on the Master Plan or Official Map of the County of Salem, the required front yard depth shall be measured from and parallel to the proposed right-of-way line measured at right angle unless the existing street line is a greater distance from the road center line.
(2)
Where a lot has frontage on any road with the street line at less than 25 feet measured at right angle from the center line, the required front yard depth shall be measured from a line parallel to and at that distance from the center line.
F.
Irregularly shaped lots. In the case of irregularly shaped lots on cul-de-sac or curved street sections, the minimum lot width specified in the schedule shall be measured at the building setback, provided that in no case shall a distance between side lot lines be reduced to less than 75% of the minimum lot width requirement at the street line.
G.
Overlapping required space. No part of a yard, or other open space, or off-street parking or loading space required about or in connection with any buildings for the purpose of complying with this chapter shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building.
H.
Yard reduction. No yard or lot existing at the time of passage of this chapter shall be reduced in size or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements as established by this chapter.
I.
Uniformity. Within each district, the regulations set by this chapter shall be minimum regulations and shall apply uniformly to each class or kind of structure or land.
J.
Public street frontage. Every principal building shall be built upon a lot having sufficient frontage on a public street as defined in this chapter.
K.
Height exceptions.
(1)
All buildings and structures shall be subject to height limitations specified in the Schedule of District Regulations[1] except spires, belfries, silos, domes, cupolas, scenery lofts, masts, flagpoles, chimneys, flues, ventilators, elevator penthouses, water tanks, towers, antennas, skylights, bulkheads, and similar decorative features and necessary mechanical appurtenances usually carved above roof level, provided that the following requirements are met:
(a)
The total horizontal area covered by such features shall not exceed 20% of the area covered by the principal building. Agriculture buildings shall not be subject to the horizontal area limitation.
(b)
The excess height of any structure shall not be greater than the shortest distance from such structure to any required yard nor shall the total height exceed twice the building height limitation in the district in which it is located.
[1]
Editor's Note: The Schedule of District Regulations is included as an attachment to this chapter.
(2)
The foregoing does not pertain to transmission towers and associated right-of-way widths which are to be determined by standards in the National Electrical Safety Code.
L.
Projections. Building projections, including bays, chimneys, cornices and gutters, may extend into required yard areas for a distance not to exceed five feet and shall not be located within 10 feet of any property line.
M.
Minimum gross habitable floor area. The minimum gross habitable floor area specified in the Building Standards of the Schedule of District Regulations shall be observed in all new construction and maintained in all existing dwelling units. These standards are minimums based upon general welfare and public health consideration and vary based upon the number of bedrooms, which indicates the approximate number of anticipated residents.
§ 115-40 Continuation of nonconforming uses and structures.
A.
Any nonconforming structure or use lawfully existing at the time of enactment of this chapter or any subsequent amendment may be continued with the following limitations:
(1)
A nonconforming use shall terminate upon abandonment at any time, which shall be presumed when the actual conduct of a nonconforming use is discontinued for a period of 12 consecutive months for any reason or is resumed for less than one month within a year. The structure, premises, or structure and premises in combination, as the case may be, shall not thereafter be used except in conformance with the regulations of the district in which it is located.
(2)
A nonconforming use shall not be enlarged, extended, moved to a different position on the lot, or structurally altered in any way, except as may be required for normal maintenance or to prevent damage or injury. A preexisting, nonconforming use in a structure may be changed to a use permitted in the district in which it is located.
(3)
A nonconforming structure shall not be enlarged or altered in a way which increases its nonconformity and shall not be moved any distance whatever unless it will thereafter conform to the regulations of the district in which it is located.
(4)
A nonconforming structure or use shall not be reconstructed except in conformance with this chapter should such structure be destroyed by any means to an extent of more than 75% of its replacement cost at the time of destruction.
(5)
Any nonconforming structure or use which is superseded by a permitted structure or use shall thereafter conform to the regulations of the district in which it is located and the nonconforming structure or use shall not be reinstituted.
B.
An application may be made to the Planning Board for relief if a nonconforming structure or use is not permitted to be continued based upon the conditions listed in Subsection A of this section if warranted by hardship or special reasons. Such application shall conform to the procedures listed in Article VI, Development Review Procedures.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
§ 115-41 Flood hazard areas.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
See Chapter 80, Flood Damage Prevention, of the Township Code.
§ 115-42 Signs.
A.
Permitted signs. The following signs are permitted in accordance with the specified standards:
(1)
Official traffic signs and any other sign required by law.
(2)
Temporary, nonilluminated real estate signs advertising the sale, lease, or rental of the property on which such signs are located, provided:
(a)
The size of such sign shall not exceed six square feet in a residential district and eight square feet in a commercial or agricultural district.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(b)
The sign shall be in compliance with side yard requirements, shall not exceed six feet in height, and shall be set back 10 feet from the right-of-way.
(c)
Not more than one sign shall be erected for any one property.
(d)
Such sign shall be removed within 10 days of settlement of the sale or consummation of the lease.
(3)
Temporary, nonilluminated real estate signs pertaining to the sale of homes or home sites within a development of five or more lots and pertaining to sponsors and/or supporting agencies for publicly funded projects, provided:
(a)
The size of such sign shall not exceed 25 square feet.
(b)
The sign shall be in compliance with side yard requirements, shall not exceed 10 feet in height, and shall be set back 10 feet from the right-of-way.
(c)
Not more than one such sign shall be placed within any such development unless the development fronts on more than one street, in which case one such sign may be erected on each street frontage.
(d)
The sign(s) shall be removed when all property has been transferred with single-family or townhouse developments and when all units have been constructed with apartment projects. In no case shall such a temporary sign remain standing for over one year except with the approval of the Planning Board.
(4)
Temporary signs of architects, engineers, contractors, mechanics, tradesmen or other engaged in construction work, provided:
(a)
The size of such sign(s) shall not exceed six square feet. One sign is permitted for each trade or profession and allowable areas may be combined, except that no sign shall exceed 20 square feet in area.
(b)
The sign shall be in compliance with side yard requirements, shall not exceed 10 feet in height, and shall be set back 10 feet from the right-of-way.
(c)
Such signs shall be located only on the property where such work is being performed.
(d)
Such signs shall be removed within seven days of the completion of work.
(5)
Identification signs for public and semipublic uses such as churches, schools, parks, and golf courses, provided:
(a)
The size of such sign shall not exceed 12 square feet.
(b)
The sign shall be located in compliance with side yard requirements, shall not exceed six feet in height, and shall be set back 10 feet from the right-of-way.
(c)
Not more than one such sign shall be placed on any property unless such property fronts on more than one street, in which case one such sign may be erected on each street frontage.
(6)
Identification signs for permitted professional offices, provided:
(7)
Project identification signs for a residential development of five or more units, provided:
(a)
The size of such sign shall not exceed 14 square feet.
(b)
The sign shall be located in compliance with side yard requirements, shall not exceed 10 feet in height, and shall be set back 25 feet from the right-of-way.
(c)
Such sign shall not contain information other than the name of the project, the street address, and the presence or lack of available dwelling units.
(d)
Not more than one such sign shall be placed within any such development unless the development fronts on more than one street, in which case one such sign may be erected on each street frontage.
(8)
Identification signs for a permitted business, provided:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(a)
The size of such sign shall not exceed an area equivalent to 5% of the front facade of the building or 100 square feet, whichever is smaller.
(b)
Such sign shall be attached flat against front facade of the building except if the building is set back more than 150 feet, in which case it may be freestanding.
(c)
If attached, it shall not project more than one foot above the roofline or away from the building.
(d)
Such sign shall only display the name of the use.
(e)
Only one such sign shall be erected for each business use.
(9)
Identification signs for shopping centers, office buildings, or professional office centers, provided:
(a)
The size of such sign shall not exceed 5% of the first-floor portion of the front facade or 150 square feet, whichever is smaller.
(b)
Only one freestanding sign shall be permitted for each office or shopping complex and it shall be erected only on the premises to which the sign relates.
(10)
Identification signs for service stations, provided:
(a)
Each service station may be permitted one freestanding and one attached sign.
(b)
The freestanding sign shall not exceed 20 square feet, shall be located in compliance with all side yard requirements and shall not exceed 35 feet. The attached sign shall not project above the roofline or away from the building more than one foot and shall not exceed 25 square feet.
(11)
Temporary, nonilluminated political signs giving notice of political campaigns, provided:
(a)
The size of such sign shall not exceed 16 square feet.
(b)
Such signs shall be located at least 15 feet from any street or property lines.
(c)
Such signs shall only be permitted within 60 days prior to any municipal, county, state, or national election and shall be removed within four weeks of the election.
B.
Prohibited signs. The following signs are prohibited as permanent installations:
(1)
Off-site advertising signs (billboards). No sign may be attached to a building or erected independently for any purpose other than to advertise a permitted use conducted on the same premises.
(2)
Signs using mechanical or electrical devices to revolve, flash or display movement or the illusion of movement.
(3)
Signs with red, green or blue illumination in a beam, beacon, or flashing form resembling an emergency light in any direction.
(4)
Pennants, banners, spinners, and valences.
(5)
Portable signs of any type.
(6)
Signs painted on the exterior walls of buildings having the physical characteristics of billboards, whether or not they relate to the business transacted on the premises.
C.
Sign standards.
(1)
No sign shall be erected, constructed, altered or replaced except as provided in this section.
(2)
No sign shall be erected which will obstruct free and clear vision on any street, nor shall any sign obstruct the view of or be confused with any traffic sign, signal, or device.
(3)
No sign shall be attached to trees, fence posts, stumps, utility poles, light standards, bridges or any part of an official traffic sign or device.
(4)
No sign shall extend over any sidewalk or public right-of-way, nor shall any sign extend beyond any property line.
(5)
Illumination. All sign lighting shall be designed and directed to protect the adjoining properties and streets from glare. No signs shall be illuminated with flashing lights, bare bulbs, or tubing such as neon or fluorescent. Reflectors and lights permitted in conjunction with signs will be equipped with restraining hoods or shields to concentrate the illumination of the sign.
(6)
All signs shall require the issuance of a zoning permit. Applications to erect or construct a sign shall be part of site plan review or shall be directed to the Zoning Officer for an existing use. The application shall include sufficient information and sketches to indicate compliance with this section.
(7)
Maintenance. All signs, together with their supports, braces, guys, and anchors, shall be maintained in good condition. Whenever a sign is deemed to be dilapidated or structurally unsafe, the Zoning Officer shall order the owner, in writing, to repair said sign or remove it. The owner shall comply with the order within 10 days or be subject to the penalties stipulated in this chapter.
§ 115-43 Fences and walls.
A.
Fences and walls may be erected, altered, or reconstructed in accordance with the following regulations:
(1)
Fences shall not encroach upon public rights-of-way or adjacent properties.
(2)
All fencing shall be in conformance with the requirements for visibility at intersections and driveways listed in § 115-45.
(3)
The height of a fence on a property line in a residential area shall not exceed four feet in the front and side yards and six feet in the rear yard. Fences which need to exceed the height (tennis courts, swimming pools, dog runs) shall meet the required yard setbacks. Security fences around commercial or institutional uses shall not exceed 10 feet.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B.
Construction. All fences shall be constructed in accordance with the following standards:
(1)
All fences shall be permanent construction and shall withstand a wind load of 15 pounds per square foot.
(2)
Fences shall not be erected of barbed wire, topped with metal spikes, nor constructed in any manner which may be dangerous to persons or animals, except that these provisions shall not apply to a farm and except further that fences around commercial uses may be topped by a protective wire barrier.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(3)
All fences shall be maintained in sound condition. Whenever a fence or portion thereof is determined to be structurally unsafe, the Zoning Officer shall order the owner, in writing, to repair said fence or remove it within 10 days or be subject to the penalties stipulated in this chapter.
§ 115-44 Off-street parking and loading; driveways.
A.
Adequate off-street parking and loading, open air or indoor, shall be provided with all new construction, the creation of new uses, or the expansion or alteration of existing uses, according to the standards specified Part 4, Site Plan Review.[1]
B.
Driveways. Any driveway providing access from a public street to any permitted use or structure shall comply with the following regulations:
(1)
Driveways shall enter the street or road right-of-way at an angle between 75° and 105°.
(2)
The portion of the driveway between the street line and the right-of-way line shall be paved according to Township specifications as a driveway extension.
(3)
Any curb opening shall be properly reconstructed to the satisfaction of the Municipal Engineer or the County Engineer along county roads. Where curbing does not exist and conditions warrant, an adequate drainpipe shall be installed by the owner at the owner's expense, as determined by the Municipal Engineer.
(4)
Driveway grades shall not exceed 8% for a distance 40 feet from any right-of-way line.
(6)
Driveways shall be maintained in adequate condition to permit access by emergency vehicles.
§ 115-45 Visibility at intersections.
The following requirements shall apply in all districts and shall supplement the sight triangle easements required during site plan or subdivision review:
A.
Nothing shall be erected, placed, or allowed to grow in such a manner as to materially impede vision between a height of 30 inches and 10 feet above the center-line grade of the abutting streets or driveways within the triangular area formed by the intersection street and driveway lines and:
(1)
For corner lots, a straight line joining points located on said line a distance of one foot for each mile of allowed speed limit from the intersection of the street lines.
(2)
For a driveway entering a public street, a straight line joining points located a distance of one foot for each mile of allowed speed limit along the street line and a point a distance of 15 feet along the driveway line from the intersection of the street and driveway lines.
 |
"A" and "B" distances equal one foot for each mile of allowed speed limit. |
§ 115-46 Swimming pools.
A.
Swimming pools shall be permitted as an accessory use to a residential unit in accordance with the following standards:
(1)
The swimming shall not be located in the front yard and shall be set back at least 20 feet from any side or rear property lines.
(2)
Any portion of the perimeter of a private swimming pool that does not abut the principal dwelling or accessory building must be surrounded by a suitable fence at least five feet but less than seven feet in height to prevent access by small children or pets. The fence shall be set back at least 15 feet from all property lines.
(3)
Any lighting used to illuminate a swimming pool shall be so directed and shielded to prevent glare on adjacent properties.
B.
All swimming pools shall be constructed to the design standards as set forth by the State Uniform Construction Code.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
§ 115-47 Solar energy systems.
[Added 7-2-2012 by Ord. No. 2012-03]
A.
Solar energy systems shall be accessory uses to the permitted principal and other accessory uses on a lot and shall not involve the production of power for off-premises consumption nor shall such a use constitute the principal use of any lot. This prohibition shall not be interpreted to preclude the occasional sale of excess power from a solar energy system back to the public electric utility provider. For systems intended for uses other than the ones stated, or for any commercial projects, site plan approval is required. (See Subsection L below.)
B.
A person who owns a preserved farmland may construct, install and operate solar energy systems on the preserved portion of the farm or on any portion excluded from preservation in accordance with an approved Agricultural Management Practice (AMP), as adopted by the State Agriculture Development Committee (SADC).
C.
Either rooftop and building-mounted solar collectors or ground-mounted arrays and freestanding solar collectors are permitted to be installed, but not both.
D.
Rooftop and building-mounted solar collectors are permitted in all zoning districts, subject to the following requirements:
[Amended 8-3-2015 by Ord. No. 2015-06]
(1)
Installation of rooftop and building-mounted solar collectors shall require a zoning permit from the Zoning Officer and a building permit from the Construction Office prior to installation.
(2)
Solar panels shall not be installed so as to be located above the highest point of the roof surface or structure. In no event shall the placement of solar panels or any part of the solar energy system result in a total height greater than what is permitted in the zoning district in which it is located for the principal building.
(3)
No part of the solar panels or solar energy system shall extend beyond the edge of the roof.
E.
Ground-mounted arrays and freestanding solar collectors are permitted as accessory structures in all zoning districts only if roof mounting is determined to be impractical by the Zoning Officer or Construction Code Official, subject to the following requirements:
[Amended 8-3-2015 by Ord. No. 2015-06]
(1)
Installation of ground-mounted arrays and freestanding solar collectors shall require a zoning permit from the Zoning Officer and a building permit from the Construction Office prior to installation.
(2)
The location of the ground-mounted arrays and freestanding collectors shall be set back a distance of 25 feet from all property lines.
(3)
Ground-mounted arrays shall not be located between the principal building and the street and shall not be located in any minimum required side or rear yards. All ground-mounted solar energy systems shall be screened from view from adjacent properties and streets with a year-round vegetative screen, buildings and/or solid fencing.
(4)
Ground-mounted arrays shall not exceed 10 feet in height, when oriented at maximum tilt.
(5)
Ground-mounted arrays shall be excluded from the calculation of the lot (impervious) coverage if mounted on a lawn or a vegetated area.
(6)
Submission of a plot plan survey that shows the location of the proposed ground-mounted array and freestanding solar collectors.
F.
Ground-mounted arrays and freestanding solar collectors are permitted to be installed on nonpreserved farmland as provided in N.J.A.C. 2:76-2A.12, Agricultural management practice for the construction, installation, operation or maintenance of solar energy generation facilities, structures and equipment on commercial farms.
(1)
The location of ground-mounted arrays and freestanding collectors shall be set back a distance of 100 feet from all property lines.
(2)
Ground-mounted arrays shall not exceed 10 feet in height when oriented at maximum tilt.
(3)
A fifty-foot-wide, densely planted perimeter landscaped buffer that includes a combination of evergreen trees and shrubs with a six-foot-tall black vinyl-coated chain-link fence shall be provided. Plantings shall not be a lesser height than that of the solar array at time of plantings.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(4)
No more than 75% of the total lot area shall be utilized for a solar array installation.
(5)
All proposed ground-mounted equipment shall be screened from public view with a densely planted, landscaped buffer.
G.
Ground-mounted arrays and freestanding collectors are permitted in historic districts, subject to the requirements found in this section and the following:
(1)
Solar panels on roof surfaces shall not be visible from a public way. However, solar shingles may be added to a roof surface visible from a public way if low- or nonreflective shingles are used.
(2)
Set solar panels and solar devices back from the edge of a flat roof to minimize visibility. Panels and devices may be set at a pitch and elevated if not visible from public streets.
(3)
Select solar panels, solar devices, mechanical equipment and mounting structures with nonreflective finishes such as an anodized finish.
(4)
Paint mechanical equipment attached to the building fascia the same color as the fascia in order to blend into the building.
(5)
Locate detached arrays of solar panels and solar devices at a historic site in the rear or side yard if the arrays are not visible from the public streets and do not detract from other major character-defining aspects of the site. The location of detached solar arrays should also consider visibility from adjacent properties, which shall be reduced to the extent possible while still maintaining solar access.
(6)
Use solar devices in nonhistoric windows, walls, siding or shutters which do not face public streets.
(7)
For new structures within the historic district, include building-integrated solar panels and other solar devices into the initial design.
(8)
Use solar panels and solar devices that are similar in color to roof materials.
(9)
The installation of solar arrays and collectors shall not be permitted if it results in the removal of historic roofing materials in order to add solar panels or disturbing the original roofline, dormers, chimneys or other original features to add solar panels and alters the character-defining elements such as historic windows, walls, siding or shutters which face public streets or contribute to the character of the building.
H.
Applications for a solar energy system shall include information demonstrating compliance with the provisions of this section.
I.
To the extent reasonably possible, solar panels, regardless of whether they are roof-mounted or ground-mounted, shall be oriented and/or screened year-round so that glare is directed away from adjoining properties and streets.
J.
To the extent reasonably possible, solar energy systems shall be designed using such features as colors, materials, textures, screening and landscaping so as to blend into their settings and avoid visual blight.
K.
Solar energy systems shall not be used for the display of advertising.
L.
Where site plan approval is required elsewhere in this Part 3 for a development or activity, the site plan review shall include review of the adequacy, location, arrangement, size, design, and general site compatibility of solar collectors.
M.
All solar collector installations must be performed by a qualified solar installer, and prior to operation, the electrical connections must be inspected by the Construction Office or other appropriate electrical inspection agency as determined by the Township. In addition, any interconnection to the public utility grid must be inspected by the appropriate public utility.
N.
When solar storage batteries are included as part of the solar collector system, they must be placed in a secure container or enclosure meeting the requirements of the New Jersey State Building Code when in use and when no longer used shall be disposed of in accordance with the laws and regulations of Salem County and other applicable laws and regulations.
O.
Clearing of natural vegetation for the installation of a solar energy system shall be limited to that which is necessary for the construction, operation and maintenance of the system and as otherwise prescribed by applicable laws, regulations and ordinances.
P.
Any trees to be removed to accommodate the installation of a solar energy system shall be accompanied by a plan demonstrating the need to remove the trees. An applicant shall locate a solar energy system so that tree removal is not required to the extent practical.
Q.
Any ancillary buildings and any outside storage associated with a solar energy system must, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend the facility into the natural setting and existing environment (i.e., in an agricultural setting, accessory buildings could be designed to look like barns). Appropriate landscaping and architecture shall be provided to screen accessory structures from roads and adjacent residences.
R.
The solar energy systems shall remain painted or finished in the color or finish that was originally applied by the manufacturer. The exterior surface of any visible components shall be a nonreflective, neutral color, like white, grey or another nonobtrusive color. Finishes shall be matte or nonreflective.
S.
The application for a zoning permit shall include all of the following documents and information which the Zoning Officer may submit to the Planning Board for a courtesy review. The information must demonstrate compliance with the provisions of this section. In the event the Zoning Officer does not believe the provisions of this section will be satisfied, an applicant may request a variance.
(1)
A zoning permit shall be required for the installation of a solar energy system.
(2)
Structural engineering information and data for rooftop and ground-mounted arrays from a licensed New Jersey engineer shall be provided.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(3)
The zoning permit application shall be accompanied by a plot plan survey which includes the following:
(a)
Property lines and dimensions.
(b)
Location, dimension, and types of existing major structures on the property.
(c)
Location, dimension, and type of the proposed solar energy system.
(d)
Orientation of the solar energy system.
(e)
The right-of-way of any public road that is contiguous with the property.
(f)
Overhead utility lines and easements.
(g)
Proposed screening for ground-mounted systems and equipment.
(h)
Location and size of existing trees within and next to the area of the proposed ground-mounted system, as well as any tree proposed to be altered or removed.
(4)
Fee. The application for a zoning permit for a solar energy system must be accompanied by the zoning permit fee.
T.
Any solar energy system that has generated no electricity for a period of 12 months shall be deemed to be abandoned and shall be decommissioned within six months of such abandonment and subject to the following requirements:
(1)
Decommissioning shall include the removal of the entire solar panel array and all associated facilities and equipment connected thereto from the premises and the cleaning and restoration of the area to a preinstallation condition.
(2)
If said decommissioning has not been completed within the requisite six-month period, then the Township's Zoning Officer shall provide written notice by certified mail to the landowner requiring that decommissioning be completed within 30 days of the receipt of said notice.
(3)
If the decommissioning has not been completed within 30 days of the receipt of said notice, the Township may either undertake the decommissioning and charge the landowner and/or facility owner and operator for all of the costs and expenses thereof, including reasonable attorneys' fees, or take appropriate legal action to compel the decommissioning. All costs incurred by the Township shall be billed to the landowner and, if not paid within 60 days of billing, shall become a lien against the property.
§ 115-48 Compliance required.
Each of the uses listed below shall meet the specified standards regardless of whether it is listed as a permitted use or conditional use or requires a use variance in the specific zoning district. Compliance with these standards shall be considered in any conditional use or use variance application to the approving authority except when the applicant specifies that relief is also sought from these special standards for good reason. In addition to meeting these standards, the following uses must meet applicable site plan review requirements.
§ 115-49 Home occupation.
A.
A home occupation as defined by this chapter shall be permitted as an accessory use for a single-family detached dwelling unit in the specified zoning districts, provided that the following standards are observed:
(1)
The home occupation shall be operated by a family member residing on the premises. No more than two nonresident employees may be employed to assist in the profession, business, or service.
(2)
No more than 25% of the gross habitable floor area of the residential structure or more than 300 square feet of an accessory use shall be used or occupied by the home occupation.
(3)
Adequate off-street parking shall be provided in accordance with the site plan review design standards. The parking shall not reduce the parking requirements of the residential structure and shall not encroach on any required yard areas.
(4)
The residential character of the lot, building, and area shall not be changed. No occupational sounds shall be audible at any property line and no equipment utilized which will result in radio or television interference. No goods or products may be displayed which may be visible from the street.
(5)
The sale of goods or commodities shall only be permitted if they have been produced on the premises or if they are incidental to a service provided on the premises.
B.
The Zoning Officer shall decide whether a use meets the home occupation definition and standards listed in this chapter. If the Zoning Officer is unable to decide whether a proposed use is a home occupation or whether a use violates the standards of this section, the Planning Board shall make the final determination.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
§ 115-50 Roadside stands.
Roadside stands as defined in this chapter may only be established in accordance with the Schedule of District Regulations[1] and in accordance with the following standards and regulations:
A.
The stand shall be maintained in good repair and shall not display goods closer than 40 feet to a street line.
B.
One off-street parking space shall be provided for every 100 square feet of display area.
C.
A maximum of three nonilluminated signs shall be permitted with a maximum total sign area of 24 square feet. Signs shall not be permitted within 10 feet of any property or street line.
D.
The majority of the farm products sold shall be grown on the premises.
E.
There shall be only one entrance and one exit onto the street which shall meet the standards listed in Part 4, Site Plan Review.
[1]
Editor's Note: The Schedule of District Regulations is included as an attachment to this chapter.
§ 115-51 Hunting and skeet clubs.
A.
Any hunting or skeet clubs shall be operated as a nonprofit enterprise on a land parcel in excess of 100 acres.
B.
No part of an operation involving guns or target-release equipment shall be located closer than 200 feet to a property line or closer than 350 feet to an existing residential use other than one incidental to the use itself.
C.
The Planning Board may require the fencing of areas to prevent access to the property by children depending upon the nature of the use and the proximity to residences.
§ 115-52 Campgrounds.
A.
Campgrounds are only permitted as conditional uses. In addition to the site plan review requirements, all campgrounds must be designed in accordance with the following requirements:
(1)
A campground shall be located on a tract in excess of 50 areas and shall not exceed a gross density of five campsites per acre. The density calculation shall not include the buffer area required in Subsection A(2).
(2)
A buffer area shall be maintained of at least 200 feet from all street or property lines and 50 feet from any lake, pond, or stream. The purpose of this buffer area is to protect the natural condition of the site, to protect the integrity and purity of streams and other water bodies, to ensure natural surrounding for campers, and to preserve the right of adjoining property owners to enjoy the full use of their premises.
(3)
If the buffer area is not wooded, the developer shall provide natural screening as specified in Part 4, Site Plan Review, and shall post a performance guaranty for the development of such a buffer prior to the issuance of any permits.
(4)
The campground shall be designed so as not to remove, change, harm or destroy any natural feature, natural drainage, or existing vegetation on the land prior to the establishment of a camp facility.
B.
All buildings, structures, and uses must conform to the standards and requirements, as amended from time to time, of the State Uniform Construction Code and State Sanitary Code.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C.
All campground applications shall be accompanied by a letter from the County Department of Health, approving the applicant's plan for all health and sanitary facilities.
D.
Any permit issued for a campground shall be valid only so long as the camp design, density, and service facilities conform to the approved plot plan, Board of Health-approved sanitary facilities, and any additional conditions specified by the Planning Board. Such camps shall also comply with any applicable requirements of state, county and municipal agencies regarding health, sanitation, fire protection and other matters.
E.
The occupancy of any campsite shall not be permitted for more than five days out of any 30 days during the period from October 1 to April 1. The violation of this requirement shall be grounds for the revocation of the conditional use permit.
§ 115-53 Keeping of animals and livestock; kennels and animal hospitals.
[Amended 4-2-2007 by Ord. No. 2007-4]
The keeping of animals and/or livestock and the use and operation of kennels and/or animal hospitals shall be in accordance with the following:
A.
For purposes of this chapter, animals and livestock shall be separated into the following classifications:
(1)
Class I animals: cattle, horses, ponies, donkeys or any other animals belonging to the biological order of Perissodactyla.
(2)
Class II animals: pigs, goats, sheep or other animals commonly referred to as "livestock."
(3)
Class III animals: any feathered vertebrate animal, including, but not limited to, chickens, geese, ducks, turkeys, hens, pheasants or other animals commonly referred to as "barnyard fowl."
(4)
Class IV animals: dogs, cats, parakeets, parrots, small pet birds, hamsters, guinea pigs, rabbits, and similar or usual domestic pets.
(5)
Class V animals: fox, mink, fur-bearing animals, except when one or two are kept as domestic pets, monkeys or other wild animals which by state or federal law require a license to be kept in captivity.
B.
The keeping of animals and/or livestock shall be permitted as per the Schedule of District Regulations,[1] provided that the following requirements are met:
(1)
Not more than one Class I animal shall be kept on a lot of at least two acres in size, provided that said animal is kept enclosed in a pen or corral containing not less than 5,000 square feet in area. Each additional Class I animal shall require an additional acre in lot area and an additional 2,000 square feet of pen or corral space. At a minimum, box stalls of 100 square feet shall be provided per animal. No animal shall be housed or manure stored closer than 100 feet to any adjacent property line.
(2)
In any district on a lot of at least one acre in size, not more than two Class II animals (except pigs) or 12 Class III animals may be kept. The keeping of pigs shall be prohibited in all residential zoning districts. All such animals shall be kept enclosed in a pen, corral or other suitable enclosure with appropriate animal housing provided. No animal shall be housed or manure stored closer than 200 feet to any adjacent property line.
(a)
In addition to the normal site plan review information, the following information shall be provided to the approving authority for all intensive fowl or swine operations:
[1]
The purpose of the operation and the manner in which animals or fowl would be housed or ranged.
[2]
The number, size, species and type of animals or fowl proposed to be kept and the number of each per gross acre.
[3]
The location of any outside fowl ranges or swine pens or corrals.
[4]
The location of any methods for the storage, disposal, or other utilization of liquid and/or solid wastes.
[5]
The design of any enclosures and the provisions for adequate lighting and ventilation.
[6]
A written opinion of the county agricultural agent, concerning possible nuisance characteristics and the adequacy of measures proposed to deal with them.
[7]
A written report from the Soil Conservation District, setting forth the adequacy of plans for liquid and/or solid waste disposal.
(b)
Any intensive fowl or swine farm shall be located on a land parcel having a minimum of 10 acres.
(c)
Any enclosure or fenced run for the containment of fowl or swine or for the storage of animal waste on an intensive fowl or swine farm shall not be closer than 200 feet to any property or street line.
(d)
The feeding of swine upon garbage or similar refuse material, either cooked or uncooked, is specifically prohibited.
(e)
Any certificate of occupancy shall remain valid only so long as the intensive fowl or swine farm is operated in a nuisance-free manner in accordance with the above-listed standards and any additional conditions imposed by the approving authority.
(3)
The keeping of up to five of each Class IV animal shall be permitted in all zoning districts, provided that the breeding and sale of such animals may be determined a commercial use by the Zoning Officer based upon the number of animals involved within a reasonable time period and the use of property or structures thereon for such activity. When so determined a commercial activity, the property owner shall be subject to the requirements of this chapter for such commercial activity, including site plan review.
(4)
All fencing in connection with the enclosure of animals shall be installed no less than 10 feet from adjacent property lines and at least 50 feet from the nearest dwelling, excluding the owner's.
(5)
In computing the acreage required for the keeping of animals or livestock, each class of animal as set forth herein shall be computed separately, resulting in a cumulative total. Subsection B(1) through (6) shall not apply to any agricultural district or any farm as defined by this chapter, except that the keeping, breeding or sale of all Class V animals shall be prohibited in all zone districts within the Township of Elsinboro.
(6)
Any apiary shall be permitted on any lot of at least two acres in size, provided that bees kept for the production of honey shall be housed no less than 100 feet from the nearest dwelling, except the hive owner's, and bees kept for other purposes shall be housed no less than 200 feet from the nearest dwelling, excluding the owner's. All hives shall be located at least 25 feet from any property line.
(7)
Kennels, small-animal grooming shops, animal hospitals or any place wherein animals may be boarded for a fee are permitted as provided in the Schedule of District Regulations on parcels of at least five acres in size, unless such use is contained in a fully enclosed, soundproof building wherein area, yard and building requirements of the zone district in which it is located shall apply. Wherever permitted, the following requirements shall apply:
(a)
Animal runs and any other outdoor animal areas shall be no less than 50 feet from adjacent property lines.
(b)
Off-street parking facilities shall be provided on the premises in such quantity as shall be determined by the Planning Board.
(c)
Adequate screening shall be required.
(d)
Any such use shall be free of noise, odor or other objectionable nuisances, and in granting approval, conditions may be imposed upon an applicant to eliminate or reduce any such nuisances.
(e)
Pet shops, riding academies or establishments and animal obedience and training schools are considered commercial uses and are not covered by this section.
(8)
Poultry, fowl or turkey farms may be established wherever agricultural use/purpose activities are permitted in accordance with the Schedule of District Regulations, provided that they meet the following conditions:
(a)
All applications for poultry, fowl or turkey farms or the raising and breeding of any Class III animals shall be accompanied by a written opinion of the county agricultural agent concerning the possible nuisance characteristics of such use and recommended measures for adequately dealing with them. Such opinion shall be reviewed by the Planning Board and, where deemed appropriate, made a condition of approval. Site plan review shall not be required in connection with any such proposed use; however, the applicant shall provide a drawing to scale of the proposed use and a written statement detailing the purpose of the operation, the manner in which the animals will be housed, methods for recycling or disposing of manure, the number of animals to be kept in relation to the size of the parcel, all building or range areas, property line setbacks and proposals for regular rotation and cropping of range areas, including schedules.
(b)
Any such commercial use must meet the following conditions:
[1]
Turkeys are to be raised only inside entirely enclosed buildings.
[2]
Minimum parcel size shall be 10 acres.
[3]
Surface runoff from range areas shall be retained on-site.
[4]
Fencing or other barriers are to be erected to catch debris or feathers from being blown off the site to whatever practical extent possible.
[1]
Editor's Note: The Schedule of District Regulations is included as an attachment to this chapter.
§ 115-54 Sanitary landfills.
A.
No commercial sanitary or solid waste landfills shall be operated in the Township except those that have been reviewed and approved by the Department of Environmental Protection and meet the objectives of the Salem County Solid Waste Management District Plan.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B.
All sanitary landfills shall be in accordance with the following basic design principles:
(1)
No garbage, rubbish, refuse, tree limbs or roots, or any other waste material, except clean soil, sand, gravel or rock deposited for the purpose of regrading or landscaping the parcel on which it is deposited, shall be dumped, pumped, or deposited in any district within 500 feet of any public road, lake, stream or property line. All facilities shall be properly buffered and screened from adjacent areas. If the buffer area is not wooded, a dense natural screen shall be provided as required by the Planning Board.
(2)
The facility shall not be objectionable due to dust, fumes, smoke, or odor or be otherwise detrimental to the public health or safety.
(3)
The facility shall not interfere with the natural drainage to the extent of adversely affecting adjacent properties.
(4)
All regulations and requirements of the Department of Environmental Protection or Solid Waste Management District shall be adhered to.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C.
An environmental impact statement shall be submitted and address the existing conditions of the site; the effect of the proposed activity upon those conditions, including adverse environmental impacts; and the way the applicant proposes to eliminate, minimize, or mitigate potential adverse impacts. The conditions to be addressed in the impact statement shall include topography, geology, hydrology, vegetation, wildlife, soil, historic sites, groundwater, surface water supply and quality, and air quality.
§ 115-55 Service stations.
A.
Information. In addition to the general site plan requirements of Part 4, the site plan submitted for a gasoline service station or repair garage shall include the following information:
(1)
The actual floor space and/or ground area to be devoted to or used for motor vehicle storage.
(2)
The number and location of fuel tanks to be installed, the dimensions and capacity of each storage tank, the depth the tanks will be placed below ground, and the number and location of dispensers to be installed.
(3)
The type and location of all principal and accessory structures to be constructed.
(4)
The location of any church, hospital, theater, library, public playground, athletic field, public or parochial school, firehouse, municipal building, existing service station or public garage or any other public or other building in which the public gathers within 1,000 feet of the proposed structure or use.
B.
Location.
(1)
No public garage or gasoline service station shall be located within 400 feet of any church, hospital, theater, library, public playground, athletic field, public or parochial school, firehouse, municipal building or any public or other building in which the public gathers.
(2)
No public garage or service station shall be within 200 feet of an existing public garage or gasoline service station.
(3)
The measurements contained herein shall be made between the two nearest points of the building structures and not between lot lines; provided, however, that the measurements between the public garage or gasoline service station shall be made between the nearest point of the structure and the nearest lot line of any athletic field or public playground. The term "structure" as used herein shall include accessory structures such as dispensers, and measurements contained herein shall be made between uses on the same or opposite side of the street.
C.
Design standards.
(1)
All gasoline service stations having no more than three dispensing pumps shall have a minimum frontage of 150 feet. There shall be an additional 25 feet of frontage provided for every three additional pumps of fraction thereof.
(2)
All gasoline pumps shall be located not less than 35 feet from any street or property lines.
(3)
All fuel tanks shall be installed underground and shall be located at least 35 feet from any street or property lines.
(4)
The site shall be properly screened and landscaped in accordance with the site plan review requirements.
(5)
Any building or buildings to be erected for use as a gasoline service station or public garage or in connection therewith shall be of masonry construction, exclusive of ornamentation and roof.
D.
Standards for operation.
(1)
No gasoline service station or public garage shall accumulate or store any used parts or tires, whether for sale, storage or waste, on any portion of the premises, unless in the permanently enclosed building.
(2)
All drainage, refuse, grease drippings, oily rags or other greasy or oily material shall be kept enclosed in metal containers approved by fire underwriters for disposal.
(3)
Any repair of motor vehicles shall be performed in a fully enclosed building, and no motor vehicle parts or partially dismantled vehicles shall be stored outside an enclosed building.
§ 115-56 Public utility uses.
A.
In addition to normal site plan review requirements, the applicant shall submit the following information:
(1)
A statement indicating the need and purpose of the installation.
(2)
Proof shall be furnished that the proposed installation in the location specified is necessary for the efficient and convenient operation of the public utility involved and for the satisfactory and convenient provision of service to the neighborhood or area in which the use is to be located.
B.
The design of any building in connection with said use shall conform to the general character of the area in which it is to be located. The applicant shall demonstrate that the proposed use will in no way adversely affect the safe and comfortable enjoyment of neighboring properties.
§ 115-57 Kennels, animal hospitals, commercial stables and riding academies.
Commercial stables and riding academies shall be located on a land parcel of not less than 10 acres. All principal and accessory buildings used for the keeping of horses shall be set back a minimum of 300 feet from all property lines. No manure shall be stored within 100 feet of any property line.
§ 115-58 Migrant labor housing.
Migrant labor housing shall meet the following standards in addition to the other provisions of this chapter:
A.
Migrant labor facilities must be located on the property of the farmer employing farm labor. Contract labor camps are prohibited.
B.
Occupancy of labor facilities shall be limited to migrant laborers and their dependents and shall not be permitted during the period of November 30 to February 28.
C.
All labor structures shall be located not less than 100 feet from any street line, not less than 300 feet from any adjoining property line, not less than 500 feet from any residential dwelling located on an adjacent property, and not more than 200 feet from the lot's principal dwelling.
D.
Migrant labor facilities shall comply with all appropriate regulations of the State of New Jersey.
E.
All said facilities shall be maintained in good condition. Whenever a structure is deemed to be structurally unsafe or dilapidated, the Zoning Officer shall order the owner, in writing, to remove or repair the structure. The owner shall comply with the order within 30 days or be subject to the penalties stipulated in this chapter.
§ 115-59 Private or public swimming clubs.
A.
Organization.
(1)
Private and public swimming clubs shall be operated on a nonprofit, annual-membership basis. Proof shall be furnished that the proposed use is a bona fide nonprofit activity organized solely for the use and enjoyment of the membership.
(2)
The maximum membership of the club shall be fixed at the time of application and shall be commensurate with the size of the parcel and the scale and facilities contemplated. No expansion of the membership shall take place subsequently without supplemental application to and approval by the Planning Board.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B.
Design standards.
(1)
The parcel involved shall have a minimum lot size of three acres and shall have at least 200 feet of frontage.
(2)
No more than 25% of the lot shall be covered by impervious surfaces.
(3)
The pool, accessory structures and all accessory uses (including parking) shall not be located within 75 feet of any property line. All boundaries shall be screened as required by the site plan review design requirements.
(4)
All pools shall be surrounded by a fence at least six feet in height, the entrance to which shall be kept locked when the facility is unattended.
(5)
Any pool established in connection with public swimming clubs shall be constructed and operated according to the requirements of N.J.A.C. 8:26, Public Recreational Bathing, which is incorporated into and made part of this section by reference.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
§ 115-60 Planned shopping centers.
Planned shopping centers are listed as a conditional use and must meet the standards of this section as well as the conditional use procedures. The intent of this section is to permit attractive planned shopping centers which are designed as an integrated unit.
A.
Sewer and water. Proposed planned shopping centers shall indicate that adequate provisions have been made for water supply and sewerage facilities. Shopping centers shall be connected to a municipal or regional utility authority or shall develop an adequate on- or off-tract system. Applications which depend on public utility agencies shall submit a document indicating approval of these agencies and the availability of sufficient capacity to accommodate this project prior to site plan review. Developments which propose the establishment of water and sewer facilities shall submit documents indicating the approval of the design, construction, and manner of operation by the Township Engineer, County Department of Health, and the New Jersey Department of Environmental Protection.
B.
A minimum lot area of five acres shall be required for a planned shopping center. Such lot shall not have less than 400 feet of frontage on a public street, and no structure shall be permitted within 150 feet of the street.
C.
Evidence shall be submitted indicating that at least four prospective tenants are interested in locating in such a facility.
D.
The maximum lot coverage of principal uses shall not exceed 25% of the lot area. The maximum lot coverage of both the buildings and impervious surfaces shall not exceed 85% of the gross lot area.
§ 115-61 Business offices for and within community residences or shelters.
[Added 5-4-1998 by Ord. No. 98-2]
A business office operated within a principal structure while such structure is being used as a type of community residence or shelter defined in N.J.S.A. 40:55D-66.2 must be used only for the business of such community residence or shelter and must comply with all applicable regulations in Part 1, Article IV, Part 3 and Part 4 of this chapter.
§ 115-62 Intent.
Because of the complexity of factors which affect the use of land, it is not appropriate to definitively determine all of the uses permitted in each zone. Recognizing that certain uses, activities and structures are necessary to serve the needs and convenience of the Township and region, and at the same time realizing that such uses may be or may become harmful to the public health, safety, and general welfare if located and operated without proper consideration of existing conditions and character of surrounding property, such uses are hereby designated "conditional uses" and listed as such under the appropriate zone district in the Schedule of District Regulations.[1] The intent of this article is to establish a procedure for the Planning Board to consider these specified uses on a case-by-case basis. Decisions of the Planning Board on conditional uses shall be rendered after public hearing and shall be based on the standards specified in this article and in Article XI.
[1]
Editor's Note: The Schedule of District Regulations is included as an attachment to this chapter.
§ 115-63 Conditional uses.
In all requests for conditional uses, the burden of proof shall be on the applicant. The considerations and standards upon which the conditional use shall be heard and decided shall be as follows:
A.
The use for which application is being made is specifically authorized as a conditional use in the Schedule of District Regulations for the district in which it is proposed.
B.
All regulations and standards specified in this chapter which are applicable to the proposed use shall apply. The area, bulk, and height regulations for each district shall apply as minimum requirements except in the following instances:
(2)
For commercial uses, the area and dimensional standards of the Commercial (C) District shall apply, except if the prevailing zone district standards are more restrictive.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C.
The design, arrangement, and the nature of the particular use is such that the public health, safety, and welfare will be protected and reasonable consideration is afforded the neighborhood and the zoning district with regard to conservation of property values, avoidance of congestion of vehicular traffic, or the creation of any unnecessary hazard.
D.
Nonresidential buildings shall be oriented so as not to face building frontage or public entranceways in the direction of a residential neighborhood. Special consideration shall be given to the buffering and screening of all such uses from any residential use.
E.
Building and structural design shall be compatible with surrounding land uses.
F.
Whenever possible, commercial conditional uses shall gain access from roads of minor collector status or above. "Traffic-intensive uses," defined as generating more than 50 trips per day, shall be located on a major collector or arterial road. Applications for commercial uses which do not meet these criteria shall include a detailed traffic report prepared by a qualified traffic engineer. The traffic report shall include traffic generation calculations, peak-hour calculations, and an evaluation of the internal traffic circulation plan and external access roads to handle the anticipated traffic. This traffic report shall be used to determine the appropriate level of off-tract road improvements required.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
G.
The Planning Board may impose any modification or conditions it may deem necessary to carry out the intent of this chapter or to protect the health, safety, and general welfare of the public.
§ 115-64 Zoning Officer; zoning permit; certificate of occupancy.
A.
Appointment of Zoning Officer. The Township Committee shall appoint a Zoning Officer to administer and enforce the provisions of this Part 3, Zoning, except as otherwise provided by law or by this Part 3. The Zoning Officer shall be appointed for the term of one year, beginning the first day of January, and shall receive such compensation for his services as shall be fixed by ordinance of the Township Committee. The Zoning Officer may, in addition to his appointment under this chapter, act as the Township Construction Official.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B.
Duties of Zoning Officer.
(1)
The principal duty of the Zoning Officer shall be to enforce the provisions of this Part 3. The Zoning Officer shall cause the examination or inspection of any plans, buildings, or premises to determine that they are not in violation of this Part 3. The Zoning Officer shall have the right to enter any building or premises by appointment during normal daytime working hours in the course of his duties.
(2)
If the Zoning Officer determines that any plans, buildings, or premises are in violation of the provisions of this Part 3, the Zoning Officer shall issue an order, in writing, to the responsible party to remedy such conditions. Said written order shall specify the nature of the violation, the remedy ordered, and the time permitted for remedial action. The Zoning Officer shall order discontinuance of illegal uses of land, buildings, or structures; removal of illegal buildings or structures, or additions, alterations or structural changes thereto; discontinuance of any work being done; and shall take any other action authorized by this Part 3 or the provisions of applicable New Jersey laws to ensure compliance with or to prevent violation of zoning requirements. The Zoning Officer shall have recourse to any and all remedies, including injunction, restraining orders, and writs of mandamus.
(3)
The Zoning Officer shall record and file all applications for zoning permits, together with the plans, documents, and other papers accompanying such applications. After the appropriate fees have been paid and the Zoning Officer has determined that the application is in conformance with this Part 3, the Zoning Officer shall issue the zoning permit. At the end of each month, the Zoning Officer shall submit a report to the Township Committee, indicating all zoning permits applied for and those granted, all ordinance violations and remedial actions, and all certificates of occupancy granted.
(4)
A record of current land use shall be maintained by the Zoning Officer. Any changes of land use shall be reviewed to ensure compliance with this Part 3 and shall be submitted in report form to the Planning Board every six months.
C.
Zoning permits. No building or other structure shall be erected, moved, added to, or structurally altered and no lot shall be cleared, graded, or otherwise prepared for an open land use without first obtaining a zoning permit therefor from the Zoning Officer. No zoning permit shall be issued except in conformance with provisions of this Part 3 or, where authorized, upon written order of the Planning Board or Township Committee. The zoning permit shall be in addition to a conditional use permit, a construction permit, certificate of occupancy, or any other required permit.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(1)
Application. All requests for zoning permits shall be made in writing to the Zoning Officer on forms supplied by the Zoning Officer and shall be signed by the owner or his authorized agent. The application shall include a description of the use or intended use or uses of the building and/or land and shall be accompanied by two copies of a site plan drawn to scale, showing any existing or proposed buildings or open land uses and their exact relation to all lot and street lines. The application shall include such other information as reasonably may be required by the Zoning Officer to determine conformance with and to provide enforcement of this Part 3. The applicant shall further sign a declaration indicating that to the best of the applicant's knowledge the provisions of this Part 3 have been met.
(2)
A zoning permit shall be granted or refused by the Zoning Officer within 10 days after a complete application and fee are submitted except when either conditional use review or site plan review is required. If further review is required, additional copies of a site plan shall be submitted to meet the application requirements for these reviews.
(3)
Duration of permits. If, after a zoning permit or conditional use permit has been authorized by the Zoning Officer or Planning Board, the applicant has not obtained the permit within a period of six months of the date of such authorization or as provided by N.J.S.A. 40:55D-1 et seq., then such authorization shall be null and void and no permit shall be shall be issued thereunder unless the applicant shall have, prior to the expiration of the aforesaid six-month period, made written application for an extension. Such extension shall be granted by the appropriate approval authority, for a period not to exceed six months, upon good cause having been shown by the applicant.
D.
Certificates of occupancy. It shall be unlawful to use or occupy or to permit the use or occupancy of any building or premises or both, or part thereof, hereinafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure, or to continue the use of a building, structure or premises as a legal nonconforming use, until a certificate or occupancy shall have been issued therefor by the Zoning Officer, stating that the proposed use of the building or land conforms to the requirements of this Part 3 and other Township ordinances.
(1)
Procedures.
(a)
Following the completion of construction, reconstruction or alteration of any building or structure or prior to any change in the use of any building, structure, or land the applicant shall transmit, by registered mail, to the Zoning Officer a letter stating that such construction has been completed or that a new or changed use is being proposed. All applications for certificates of occupancy shall be accompanied by the required fee.
(b)
Within seven days of the receipt of this letter, the Zoning Officer shall make all necessary inspections of the completed structure and/or proposed use to determine conformance with the terms of this Part 3 and issue either a certificate of occupancy or a letter of denial, stating the reasons therefor.
(c)
The Zoning Officer shall, upon proper application accompanied by necessary proof or documentation, issue certificates of occupancy for uses existing at the effective date of this Part 3 in order to officially validate:
(2)
A certificate of occupancy shall be issued only if the Zoning Officer finds the requirements of this Part 3 or applicable supplementary actions or requirements of the Planning Board or governing body have been complied with. Any certificate of occupancy shall be continued in force only so long as the use or building for which it was issued continues to conform to the requirements of this Part 3. A record of all certificates shall be kept on file in the office of the Zoning Officer and copies of all certificates issued shall be forwarded to the Township Tax Assessor.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
§ 115-65 Violations and penalties.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
For each and every violation of any provisions of Parts 3 and 4 of this chapter, the owner, contractor, or other persons interested as general agent, architect, building contractor, owner, or tenant, or any other persons who commit, take part in, or assist in any violation of this chapter or who maintain any building or premises in which any violation of this chapter shall exist, and who shall have refused to abate said violation within five days after written notice shall have been served upon him either by mail or personal service, or such further time as is provided in such notice, shall for each and every violation be imprisoned in the Salem County jail for a period not exceeding 90 days or be fined not exceeding $2,000, or both, at the discretion of the court before whom a conviction may be had. Each and every day that such violation continues after such notice shall be considered a separate and specific violation of this chapter.