Fairfield Township City Zoning Code
ARTICLE VI
Conditional Uses
§ 450-19 Guiding principles.
[Amended 11-13-2002 by Ord. No. 504-2002; 5-20-2003 by Ord. No. 512-2003]
A.
Recognizing that certain uses, activities and structures are necessary to serve the needs and convenience of the Township and at the same time recognizing that such uses may be or become inimical to the public health, safety, and general welfare if located and operated without proper consideration being given to existing conditions and character of the surrounding area, such uses are hereby designated as permitted conditional uses.
B.
In addition to other powers conferred by this chapter and applicable statutes, the combined Township Planning and Zoning Board shall have the original jurisdiction and power to grant a conditional use. Failure to meet all of the requirements of the conditional use shall constitute the need for a use variance application.
§ 450-20 Home crafts.
[Amended 11-13-2002 by Ord. No. 504-2002; 5-20-2003 by Ord. No. 512-2003]
Home crafts, as defined by this chapter, may be permitted in R-1, R-2 or R-3 Residential Districts only and as a conditional use provided that the following standards are met:
A.
A home craft shall be carried on entirely within a single-family detached dwelling and shall not exceed 20% of the total habitable floor area of the first floor of the principal structure. A home craft shall not be permitted within an accessory structure.
B.
There are no exterior or interior alterations of the principal structure such that the residential use cannot reasonably be continued.
C.
The home craft is performed only by one member of the family living within the principal structure. No more than one home craft may be performed in one single-family residential building.
D.
No on-site signage is permitted.
E.
Home craft operations shall be approved administratively by the Zoning Officer provided that the applicant submits a survey of the property prepared by a New Jersey professional land surveyor indicating all building setbacks. In addition, the applicant shall provide a scaled layout of the first floor of the dwelling indicating the area to be dedicated to the home craft.
§ 450-21 Home professional office.
[Amended 11-13-2002 by Ord. No. 504-2002; 5-20-2003 by Ord. No. 512-2003; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Home professional offices, as defined by this chapter, may be permitted in the R-1, R-2, and R-3 Residential districts only and as a conditional use provided that the following standards are met:
A.
A home professional office shall be carried on entirely within a single-family detached structure and shall not exceed 50% of the total habitable first floor area of the structure. A home professional office shall not be permitted in a accessory structure.
B.
No such home professional office shall require exterior alterations of the residential structure which will cause the structure to be in nonconformance with the bulk requirements of the zoning district.
C.
A home professional office shall permit the employment of not more than two employees who are not permanent residents of the residential structure.
D.
Three off-street parking spaces are provided in addition to those required for residential use.
E.
A home professional office shall be approved under the requirements of a minor site plan application to the Planning and Zoning Board.
§ 450-22 Residential business.
[Amended 11-13-2002 by Ord. No. 504-2002; 5-20-2003 by Ord. No. 512-2003]
Residential business operations are permitted in the PBI Zoning District only and as a conditional use provided that the following standards are met:
A.
A single-family residential structure must already exist on the property as of November 31, 2002, according to the Property Record Card on file with the Municipal Tax Assessor. The minimum lot area shall be one acre.
B.
The business operation shall only be performed within a detached accessory structure not to exceed 1,000 square feet in total floor area. The detached single-family structure must remain and be occupied by the owner/operator/licensed professional of the business operation. No part of the business shall be operated within the residential structure.
C.
The uses permitted in a residential business operation shall be limited to minor appliance repair and sales, professional office (physician, attorney, engineer, architect, planner, realtor, beautician, optometrist, optician, veterinarian, or accountant), lawn mower repairs and sales, and sporting good sales. No food preparation or sales and no automobile repair or sales will be permitted as a residential business operation.
D.
No more than three additional employees shall be permitted in the residential business operation.
E.
Hours of operation shall be confined to between 8:00 a.m. and 7:00 p.m., Monday through Saturday.
F.
Off-street parking shall be provided at the rate of one per employee plus two visitor spaces as well as the required residential parking. The business operation parking shall be established separate from the residential parking; however, the same access point shall be maintained.
G.
Not more than two business vehicles will be permitted to remain overnight, separate from the property owner's vehicle, which may also be a business vehicle. No tractor trailers, dump trucks, flat beds, or other construction-type vehicles will be permitted to be stored on the site.
H.
A residential business operation shall be established through the submission of a minor site plan application to the Planning and Zoning Board.
§ 450-23 Fairton Village Center.
[Amended 11-13-2002 by Ord. No. 504-2002; 5-20-2003 by Ord. No. 512-2003]
Limited commercial uses are permitted in the R-3 Zoning District of the Village of Fairton only as conditional uses provided that the following standards are met:
A.
The commercial operation shall be confined to the first floor of an existing single-family detached dwelling.
B.
The single-family dwelling shall be owner occupied and the commercial operation shall be run by the same owner.
C.
Commercial operations shall be limited to sporting goods sales, professional offices as described in § 450-22, Residential business, restaurant (not more than 25 seats), delicatessen, bait and tackle shop, bicycle sales and repair, hardware sales, and antique and art sales. No machine repair or sales of any kind will be permitted. All commercial activity shall be confined to the existing structure.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
D.
Hours of operation shall be limited to between 7:30 a.m. and 7:00 p.m., Monday through Friday. Saturdays are limited to between 9:00 a.m. and 4:00 p.m. No commercial activity will be permitted on Sundays. The hours can be modified by the Planning and Zoning Board based on the proposed commercial activity.
E.
Only one commercial activity will be permitted in each dwelling.
F.
Total number of employees shall be limited to four, not including family members who reside with the owner.
G.
One off-street parking space shall be provided for each of the employees as well the required parking for the residential unit.
H.
The modifications necessary to incorporate the commercial use shall not change the exterior layout of the existing structure and all electrical and mechanical equipment shall be confined to the rear yard. All restaurants shall carry all ventilation discharge to the roof of the existing structure and vented vertically.
I.
A commercial use within the Fairton Village R-3 Residential Zoning District shall be submitted for approval to the Planning and Zoning Board as a minor site plan.
§ 450-24 Motor vehicle service stations.
[Amended 11-13-2002 by Ord. No. 504-2002; 5-20-2003 by Ord. No. 512-2003]
Motor vehicles service stations may be conditionally permitted in the PBI Zoning District, provided that the following standards are met:
A.
No motor vehicle service station or public garage shall be located within 500 feet or any public entrance to a school, library, hospital or charitable institution. Such distance shall be measured in a straight line from said public entrance to the lot line nearest said entrance along the street line.
B.
In addition to the information required in the major site plan application, the plan shall also show 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 the ground, the number and location of pumps to be installed, the type of structure and access or building to be constructed, and the number of automobiles which are to be garaged. No aboveground storage tanks will be permitted.
C.
For motor vehicle service stations, accessory goods for sale may be displayed on the pump island and the building island only. The outdoor display of oil cans and/or antifreeze and similar products may be displayed on the respective island if provided for in a suitable metal stand or rack. No outside storage of nonrelated vehicle supplies will be permitted.
D.
Any repair, washing, drying or servicing of motor vehicles shall be performed in a fully enclosed building and no motor vehicles shall be offered for sale on the site. No motor vehicle parts or partially dismantled motor vehicles shall be stored outside of an enclosed building.
E.
For motor vehicle service stations, all fuel pumps shall be located a minimum of 30 feet from the front property line and 40 feet from any side yard. Buildings shall meet the bulk setback requirements for PBI Zoning District.
F.
Accesses, pump areas, and parking areas shall be either concrete or asphalt based on the amount of traffic and use as determined by the Planning and Zoning Board.
G.
Off-street parking areas shall be provided, exclusive of pump areas or travel lanes, at the requirement of three parking spaces for each service bay. For stations without bays, there shall be one space per employee per shift.
H.
Where such uses abut another property, there shall be a landscaped buffer strip at least 10 feet in width along the side and rear property lines. Buffer strips and screening shall be in accordance with the design standards.
I.
Access shall be limited to two twenty-four-foot wide driveways along each public street.
J.
Accessways shall not be more than 24 feet wide at any point. Accessways must be 10 feet from any side lot line and 30 feet from the intersection of street lines. No more than two accessways shall be permitted for each 100 feet of street frontage.
K.
Retail sale of food and beverages is permitted provided that there is no indoor or outdoor seating and there are not drive-through windows. Building and lot coverages must meet the requirements of the PBI Zoning District.
L.
Motor vehicle service stations may only be approved through the submission of a major site plan application to the Planning and Zoning Board.[1]
[1]
Editor's Note: Original § 13-8.7, Planned unit development, which immediately followed this section, was repealed 11-13-2002 by Ord. No. 504-2002 and 5-20-2003 by Ord. No. 512-2003. For original § 13-8.8, Land mining, earth, and resource extraction operations, see now Art. IX, Land Mining, Earth and Resource Extraction Operations.
§ 450-25 Cluster development and conservation subdivision design.
[Amended 12-18-2012 by Ord. No. 17-2012]
A.
Purpose. Cluster development is a method of developing land in a manner that balances development with the provision and protection of viable open spaces, conservation areas, floodplains, school sites, recreation areas, and parks. The purpose of the cluster/conservation subdivision provisions is to provide for a flexible subdivision design approach that considers the environmental and physical attributes of a site, the site's relationship to the surrounding area, and the most desirable and appropriate locations for development and site disturbance. The cluster/conservation design provisions are intended to provide a framework that balances residential development with the protection of well-planned open spaces, including passive and/or active recreation areas, valuable agricultural land, and wooded and environmentally sensitive lands. It is anticipated that the cluster provisions will allow residential developments to be constructed at a lower cost per dwelling for streets, utilities and other site improvements, while also providing open space and/or recreational opportunities that are responsive to the physical characteristics of the site and that are appropriate to the needs of the community. The cluster/conservation design provisions may reduce the amount of clearing, grading, and construction disturbance resulting from subdivisions and will increase the quantity and quality of open spaces in the community, while providing a desirable visual environment through creative development techniques and design arrangements.
B.
In order to minimize the impact that development will have within the Agricultural Zone, clustering is mandatory on all major subdivisions involving tracts in excess of 50 acres. Tracts of less than 50 acres have the option to use the cluster techniques.
C.
Cluster development shall be permitted in the Agricultural District as further specified on the "Schedule of District Regulations - Fairfield Township."[1]
[1]
Editor's Note: See the Schedule of District Regulations, which is included as an attachment to this chapter.
D.
No increase in density shall be permitted when clustering.
F.
Cluster/conservation design procedure. In designing a cluster/conservation subdivision, the following steps should be followed to ensure that the design is consistent with the intent and purpose of the cluster/conservation subdivision provisions:
(1)
Identify primary (wetlands, floodplains, steep slopes) and secondary conservation areas (woodlands, large trees over 24 inches, hedgerows, prime agricultural soils, important wildlife habitats, proposed greenway corridors or recreation areas, historic and cultural sites and structures). The Township's Environmental Resources Inventory may be used for reference.
(2)
Locate development areas to protect the conservation and recreation areas and to maximize views of and access to the open space.
(3)
Lay out roads, pedestrian and bike trails, and stormwater management areas.
(4)
Draw lot lines consistent with the zoning requirements.
(5)
Building lots must contain a minimum of 8,000 square feet of developable upland areas for single-family homes.
G.
Open space requirements.
(1)
A minimum of 40% of the developable tract shall be permanently preserved as open space.
(2)
On lots that have been in agricultural use, open space areas shall be selected with consideration for the potential for continued agricultural use. Criteria include prime agricultural soils, access, existing agricultural structures and regional agricultural pattern.
(3)
A conservation, farmland, or recreation easement restriction shall be placed on open space areas depending on their intended use to ensure that the land will be preserved in perpetuity.
(4)
Protected conservation or open space lands on one developed parcel should adjoin the conservation and open space lands on the adjoining parcels, in order to realize an interconnected network of agriculture, open spaces and/or greenways over time.
(5)
Where open space areas intended for active or passive recreation are behind residential lots, the open space area must have a minimum street frontage of 75 feet to ensure access to the residents of the development.
(6)
Where clustering yields lands which are to remain in active agriculture, a one-hundred-foot buffer shall be provided to separate the residential uses from the on-site and off-site agricultural use. Consideration should be given to the mitigation of site specific agricultural nuisance factors.
§ 450-26 Yard sales.
Residents of the Township may hold yard sales upon obtaining a permit from the Township Clerk, issued in accordance with the following:
§ 450-27 Hospitals; convalescent homes; philanthropic or eleemosynary uses.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Hospitals, convalescent homes, and philanthropic or eleemosynary uses may be permitted in the R-1, R-2, or R-3 zone or district, upon application to the Fairfield Township Planning and Zoning Board for a conditional use permit and compliance with the following standards and conditions:
A.
A set of plans, specifications and plot plan shall be filed in triplicate with the Zoning Officer for submission to the Fairfield Township Planning and Zoning Board. The plans, specifications, and plot plan shall show overall dimensions, topographic conditions, the location and intended use of existing or proposed buildings, the relationship of the proposed use to public streets and adjacent properties, and any other physical features which might act as a deterrent to the general welfare of the community.
B.
The parcel upon which said use is proposed must contain a minimum of two acres of land, a minimum roadway frontage of 200 feet, a minimum front yard of 75 feet, a minimum lot width requirement of 150 feet, a minimum lot depth requirement of 150 feet, a minimum side yard of 40 feet, a minimum rear yard of 40 feet, a minimum habitable floor area of 10 feet, a maximum height of 35 feet, and width of buffer strips along property line of 15 feet.
C.
Off-street parking space shall be only in the side or rear yard areas, not within 10 feet of any property line, and shall be provided in accordance with the following standards: hospitals and convalescent homes shall provide one off-street parking space for each two beds; and philanthropic and eleemosynary uses shall provide one space for each three beds, where beds are a function of the use, or one off-street parking space for each 150 square feet of gross floor area where beds are not a function of the use; all off-street parking provided within 30 feet of any property line shall be protected from adverse impact upon adjacent properties through a visual screen of planting not less than four feet on center of a type or types of planting approved by the Township Engineer.
D.
Sign regulations in regard to these uses shall be as defined and provided in the Fairfield Township Code, § 450-15.
E.
All other requirements as set forth in this chapter for the zone in which the proposed use is to be located shall be observed, and the Planning and Zoning Board may grant a conditional use permit upon determination that the proposed structure and use will serve a useful purpose to the general welfare of the Township and will in no way be detrimental to the surrounding property values.
§ 450-28 Renewable energy facilities.
[Added 12-18-2012 by Ord. No. 16-2012]
A.
Purpose. The purpose of this section is to encourage the use of renewable energy facilities to produce electricity within the Township and to reduce dependence on nonrenewable fuels in a manner consistent with the Township's land use and environmental goals and objectives. The primary purpose of an accessory small wind or solar energy system is to provide power to the principal use of the property whereon said system is to be located, as an accessory use. The primary purpose of an accessory small wind or small solar energy system shall not be for the generation of power for sale, although this provision shall not be interpreted to prohibit the sale of excess power back to the utility grid from time to time when the energy needs of the principal use have been met. The primary purpose of a commercial solar energy facility, which is a permitted principal use or permitted conditional use in specified zoning districts, is to produce energy from renewable sources for sale directly to a particular customer or by distribution through the energy distribution infrastructure (the grid).
B.
General requirements for renewable energy facilities.
(1)
Solar energy facilities may be ground-mounted and/or mounted to principal and accessory structures and buildings.
(2)
All roof-mounted solar energy systems are considered an accessory use.
(3)
Solar panels do not count in the calculation of maximum lot coverage or maximum impervious cover, unless the area under the system (excluding the footings) consists of an impervious material, such as pavement. Nevertheless, the design of the systems and the accessory structures and other improvements (driveways, etc.) shall comply with all Township stormwater, grading, and soil disturbance regulations.
(4)
Ground-mounted solar facilities covering a gross area greater than 1,000 square feet shall provide soil stabilization in the form of meadow grasses or agricultural area for shade crops or grazing farm animals.
(5)
To the extent practical, solar panels and wind turbines must be sited to minimize the need to remove trees or other natural features from setback areas unless acceptable replacement buffering is provided. Trees within 50 feet of property lines must be maintained as a buffer. For principal uses, trees proposed for removal in order to maximize the productivity and efficiency of the solar energy system or for grading must be identified on the site plan. Trees may not be removed from wetlands or required wetland buffer areas unless a tree replacement plan or buffer averaging plan is approved by the NJDEP. Clear-cutting shall be strictly prohibited for the purpose of installing a renewable energy facility.
(6)
Site disturbance, including, but not limited to, grading, soil removal, excavation, and soil compaction shall be minimized to the extent practical. Roadways within the site should likewise be constructed to minimize the extent of soil compaction.
(7)
All electrical and control equipment shall be labeled and secured to prevent unauthorized access.
(8)
The renewable energy system shall not be used for displaying advertisements for any product or service, except for the reasonable identification of the manufacturer or operator of the system.
(9)
Abandonment.
(a)
A small wind energy system or solar energy system that is out of service for a continuous twelve-month period will be deemed to have been abandoned.
(b)
The Zoning Officer may issue a notice of abandonment to the owner. The notice shall be sent via regular and certified mail, return receipt requested, to the owner of record.
(c)
The landowner shall have 30 days to respond. If information is provided demonstrating that the system has not been abandoned, then the Zoning Officer shall withdraw the notice.
(d)
Any abandoned system shall be removed at the owner's sole expense within six months after the owner receives the notice of abandonment from the Municipality. If the system is not removed within six months of receipt of notice from the Township notifying the owner of such abandonment, the Township may remove the system as set forth below.
(e)
When an owner of a wind or solar energy system has been notified to remove same and has not done so six months after receiving said notice, then the Township may remove such system and place a lien upon the property for the cost of the removal. If removed by the owner, a demolition permit shall be obtained and the facility shall be removed. Upon removal, the site shall be cleaned, restored and re-vegetated to blend with the existing surrounding vegetation at the time of abandonment.
(10)
Applicants are encouraged to enter into solar easements with neighboring property owners in order to ensure continued access to sunlight for a solar or photovoltaic system.
(11)
The installation shall conform to the National Electrical Code as adopted by the New Jersey Department of Community Affairs (DCA).
(12)
The installation of a wind or solar energy system is subject to all Atlantic City Electric Company (or its successor) requirements for interconnection.
(13)
The height limitations provided in this chapter for specific zoning districts shall not apply to wind and solar energy systems. Wind and solar energy systems shall conform to the height restrictions provided in this section.
C.
Accessory renewable energy facilities (small wind and solar energy facilities).
(1)
The primary purpose of a small wind or solar energy system is to provide power to the principal use of the property whereon said system is located, as an accessory use. The primary purpose of a small wind or small solar energy system under this section shall not be for the generation of power for sale, although this provision shall not be interpreted to prohibit the sale of excess power back to the utility grid from time to time from a wind or solar energy system primarily designated to meet the energy needs of the principal use. For the purposes of this section, the sale of excess power shall be limited so that in no event an energy system is generating more energy for sale each month than the equivalent of what is otherwise necessary to power the principal use(s) on the property.
(2)
Small wind and solar energy systems shall only be permitted as an accessory use on the same lot or tract of land as the principal use. All energy systems require approval from the Zoning Officer and Construction Code Official prior to installation. Applications for a renewable energy system shall include information demonstrating compliance with the provisions of this section. In the event that the Zoning Officer or Construction Code Official finds that the provisions of this section will not be satisfied, an applicant may apply to the Planning and Zoning Board for a variance in accordance with the provisions of Municipal Land Use Law (N.J.S.A. 40:55D-70).
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(3)
Renewable energy facilities (small wind and solar energy systems) on farms. Small wind and solar energy systems are permitted on preserved and unpreserved farms in any zoning district in accordance with P.L. 2009, Chapter 213 (approved on January 16, 2010), which permits solar and wind generation facilities, structures, and equipment on the commercial farm or within the exception area on a preserved farm, for the purpose of generating power or heat. Prior to installing or constructing renewable energy facilities the owner of a farm must apply to Fairfield Township for a zoning permit and must apply to the New Jersey Department of Agriculture as required by § 5 of P.L. 2009, c. 213, N.J.S.A. 4:1C-32.5.
(a)
For preserved farms, the following standards apply:
[1]
The wind and solar energy systems may not interfere significantly with the use of the land for agricultural or horticultural production.
[2]
The wind and solar energy systems must be owned by the landowner or will be owned by the landowner upon the conclusion of a term of agreement with the installer of the renewable energy system.
[3]
The wind and solar energy systems must be used to power or heat the farm, and to reduce energy costs on the farm.
[4]
The energy generation capacity must be limited to the previous calendar year's energy demand plus 10% or at the option of the landowner may be limited to occupy no more than 1% of the area of the entire farm (including the preserved and unpreserved areas). This does not include roof-mounted equipment that was already in place at the time of the adoption of this section.
[5]
Energy produced may only be sold through net metering to ensure that the energy produced is primarily used on site.
[6]
The landowner must seek and obtain approval of the State Agriculture Development Committee before constructing, installing or operating the wind or solar energy generation facilities, structures, equipment. The landowner must provide Fairfield Township with a copy of the State Agriculture Development Committee (SADC) approval.
(b)
For unpreserved commercial farms, the following standards apply:
[1]
In addition to other activities protected by the "Right to Farm," a commercial farm that conforms to generally accepted agricultural management practices (AMPs) may engage in the generation of power or heat from biomass, solar or wind energy consistent with applicable laws and the agricultural management practices adopted by the State Agriculture Development Committee (SADC).
[2]
The land used for the renewable energy system may be eligible for farmland assessment if the following conditions are met:
[a]
The property is part of an operating farm;
[b]
In the prior tax year the land used for the renewable energy system was valued, assessed, and taxed as agricultural or horticultural land;
[c]
The power or heat generated is used to provide power or heat to the farm or agricultural or horticultural operation supporting the viability of the farm, though not necessarily exclusively;
[d]
The property owner has filed a conservation plan with the soil conservation district to account for the aesthetic, impervious coverage and environmental impacts of the renewable energy facilities and the conservation plan has been approved by the district;
[e]
Where ground-mounted solar panels are installed, the property under the solar panels is used to the greatest extent practicable for the farming of shade crops or for pasture grazing;
[f]
The amount of acreage devoted to the structures needed for the renewable energy facility does not exceed a ratio of one to five for land devoted to renewable energy facilities and land devoted to agricultural operations;
[g]
The renewable energy facilities are constructed or installed on no more than 10 acres of the farmland for which the owner is applying for valuation, assessment and taxation and no more than two megawatts are generated on the 10 acres or less; and
[h]
Income received for energy generated may not be considered income for farmland assessment eligibility.
(4)
Small wind energy systems.
(a)
Small wind turbines are a permitted accessory use in specified zoning districts subject to the following requirements:
[1]
The lot must be a minimum of one acre in size, provided the lot size and dimensions are sufficient to meet the setback requirements below.
[2]
Minimum setbacks. All wind turbines shall be set back from all property lines a distance equal to 100% of the height of the structure including the blades, or 100 feet, whichever is greater.
[3]
Wind turbines shall not be permitted in any front yard.
[4]
Maximum height. Freestanding wind turbines shall not exceed a height of 80 feet on lots between one acre and three acres. On lots consisting of three acres or more, the maximum height permitted is 150 feet. The maximum height shall include the height of the blades at the highest point.
[5]
No more than one wind turbine shall be permitted per property, unless the wind turbines are used to power a farm and more than one is required.
[6]
Wind turbines shall not be permitted as a rooftop installation.
[7]
Wind turbines on residential properties shall have the nameplate capacity of 100 kilowatts or less.
(b)
Noise. All wind energy systems shall comply with the following:
[1]
Between the wind turbine and a residential use or residential zone, sound levels of the wind energy system shall not exceed 55 dBA at a common property line or 50 dBA to the closest occupied structure.
[2]
In all other cases at a common property line sound levels of the wind energy system shall not exceed 65 dBA.
[3]
These levels may be exceeded during short-term events such as utility outages and/or severe windstorms.
(c)
Wind turbines shall be designed with an automatic brake or other similar device to prevent over-speeding and excessive pressure on the tower structure.
(d)
Wind energy systems shall not be artificially lighted, except to the extent required by the Federal Aviation Administration (FAA) or other applicable authority. Proposed lighting should be shown on the plan and should be in accordance with FAA regulations.
(e)
All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.
(f)
The tower shall be designed and installed so as not to provide step bolts, a ladder, or other publicly accessible means of climbing the tower, for a minimum height of eight feet above the ground.
(g)
All moving parts of the wind energy system shall be a minimum of 12 feet above ground level.
(h)
The blades on the wind energy system shall be constructed of a corrosive-resistant material.
(i)
All guy wires and all parts of the wind energy system shall be located on the same lot as the energy system.
(j)
The wind energy generation equipment must be painted or finished to minimize visual impact. Neutral colors are required such as white, grey or beige.
(k)
Approval required. All applications for small wind energy systems shall be presented to the Planning and Zoning Board for minor site plan approval.
[1]
Permit and site plan requirements. In addition to other normally required application materials for site plan applications, the site plan application shall be accompanied by a plot plan which includes the following:
[a]
Property lines and physical dimensions of the property;
[b]
Location, dimensions, and types of existing structures on the property;
[c]
Location of the proposed small wind energy system tower;
[d]
The location of the right-of-way of any public road that is contiguous with the property;
[e]
The location of overhead utility lines;
[f]
Small wind energy system specifications, including manufacturer and model, rotor diameter, tower height, tower type (freestanding or guyed);
[g]
Tower and tower foundation drawings signed and sealed by a professional engineer licensed in the State of New Jersey;
[h]
Sound level analysis prepared by the wind turbine manufacturer or qualified engineer, including noise levels of the proposed wind energy system at all property lines and the closest neighboring inhabited dwelling.
[i]
A visual analysis must be submitted, including photos of the subject property, that graphically simulates the appearance of any proposed small wind energy system and indicating its view from at least five locations around and within one mile of the proposed tower.
[j]
A report from a structural engineer containing the following: a description of the tower, including a description of the design characteristics and material; and documentation to establish that the tower has sufficient structural integrity for the proposed uses at the proposed location and meets the applicable minimum safety requirements. The applicant shall provide evidence that the proposed tower height does not exceed the height recommended by the manufacturer for the wind turbine. Every two years the owner shall submit a structural report to the Construction Office attesting to the structural integrity of the tower and/or support system.
(5)
Solar energy systems.
(a)
Solar panels shall be permitted as a rooftop installation in any zoning district. The solar panels shall not exceed a height of 12 inches from the rooftop. In no event shall the placement of the solar panels result in a total height, including building and panels, greater than the height that is permitted in the zoning district which they are located.
(b)
Solar panels shall be permitted as ground arrays in accordance with the following:
[1]
All ground arrays shall be set back a minimum distance of 20 feet from all property lines in addition to any required agricultural buffer in a residential zoning district or in conformance with the bulk standards for accessory structures in commercial districts as provided herein. Ground arrays shall not be permitted within any required buffer area;
[2]
Ground arrays shall not be permitted in a front yard;
[3]
Ground arrays shall not include reflective mirrors to intensify solar rays;
[4]
Ground arrays shall not exceed a height of 13 feet;
[5]
Ground solar arrays for accessory use may not exceed a gross area of 1,000 square feet.
D.
Commercial solar energy facilities.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(1)
Purpose. The purpose of this section is to provide flexibility within the specified zoning districts to permit commercial solar energy systems as a principal use on properties meeting the criteria set forth below. "Solar or photovoltaic energy facility or structure" has been defined in the New Jersey Municipal Land Use Law as an inherently beneficial use and the Township concurs that the provision of electricity generated at a renewable energy facility will benefit the community by promoting the public health, safety, and general welfare, as long as the facility will be in harmony with the Township's overall land use plans and will not negatively impact upon the Township's other goals and objectives. Where commercial solar energy facilities are a permitted principal use, the requirements are bulk requirements, and where commercial solar energy facilities are a permitted conditional use, the requirements are conditions. For renewable energy facilities as an accessory use, see Subsection C.
(3)
Agriculture retention.
(a)
Commercial solar energy facilities as a principal use are not an agricultural use. Solar energy systems are permitted in conjunction with preserved and commercial farms in accordance with Subsection B.
(b)
Agriculture retention. It is the Township's intention to support the retention of the productive agricultural land base. Commercial solar facilities are not permitted on preserved farms (accessory solar facilities are permitted on preserved farms in accordance with Subsection B). Within the Agricultural (A) zoning district, commercial solar energy facilities are permitted only when one of the following conditions are met:
[1]
The property is the subject of a valid vested major subdivision approval at the time the commercial solar site plan application is approved by the Planning and Zoning Board; or
[2]
Less than 50% of the lot consists of prime agricultural soils and less than 70% of the lot consists of a combination of prime and statewide important soils. To the extent possible, it is the Township's intent to maintain this valuable farmland as an unfragmented agricultural production area.
(c)
Buffers. If the property is adjacent to a permanently preserved farm it shall buffer the solar facility from view with an opaque landscaped screen consisting of a double row of evergreen trees, a minimum of eight feet high at the time of planting.
(4)
Requirements for commercial solar energy facilities.
(a)
Commercial solar energy systems shall require a minor site plan approval if the gross area of ground mounted-systems, including the aggregate area of disturbance for multiple systems, consists of 5,000 square feet or less, and major site plan approval if the proposal consists of 5,000 square feet or more of disturbance. The site plan must show the location of any proposed or existing substation, inverter, transformer, or overhead transmission lines.
(b)
The solar energy system equipment may be located outside as necessary for the function of the system, and is not limited by the requirements of the underlying zoning districts limiting outdoor storage.
(c)
Setbacks. These standards are bulk requirements for permitted uses and conditions for conditional uses.
(d)
The maximum permitted height for ground arrays is 13 feet.
(e)
Office and storage buildings and equipment cabinets are permitted as accessory to a commercial solar energy operation in accordance with the setbacks in Subsection D(4)(c)[1] above.
(f)
Substations shall be set back a minimum of 100 feet from all property lines and must be buffered with evergreen trees.
(g)
Ground-mounted systems shall be screened from view with an opaque visual screen containing a combination of plantings, a fence and/or earthen berm, which must be approved at the time of site plan approval.
[1]
Evergreen trees shall be a minimum of six feet at the time of planting and deciduous trees shall be a minimum of three inches caliper;
[2]
The screened buffer area shall be a minimum of 30 feet in width to adjacent residential properties and 20 feet in width between nonresidential properties and along public roads;
[3]
In addition to the perimeter screening standards, substations shall be screened with a double row of evergreen plantings with a minimum height of eight feet;
[4]
Existing vegetation including existing hedgerows or windbreaks shall be retained to the extent practical to provide or partially provide the required opaque visual screen.
(h)
The applicant must submit a narrative with the site plan application explaining:
[1]
The intended consumers of the electricity produced;
[2]
The anticipated number of employees at the site and the anticipated vehicle traffic;
[3]
Description of how the energy generated by the facility will be transmitted to the larger electrical distribution system;
[4]
The type of solar or photovoltaic panels proposed;
[5]
How the facility will be maintained.
(i)
In addition to other required site plan information, the site plan must illustrate the following:
[1]
The location of proposed and existing overhead and underground utility and transmission lines;
[2]
Location and dimensions of any proposed or existing substations, inverters or transformers;
[3]
Description of any necessary upgrades or modifications to existing substations or the necessity for a new substation.
(j)
One off-street parking space is required for each employee anticipated during the busiest shift, plus one visitor space.
(k)
All exterior electrical lines must be placed in a conduit pursuant to National Electrical Code except for such portion of lines that are connecting or will connect to overhead wires for the use of electricity off site; and, except for such portion of lines that are connecting or will connect to overhead wires for use of electricity off site, exterior electrical lines shall be buried below the surface of the ground where needed in order to comply with the National Electrical Code or standards or regulations promulgated by the Department of Community Affairs or the New Jersey Board of Public Utilities.
§ 450-28.1 Second principal dwelling unit.
[Added 10-16-2024 by Ord. No. 9-2024]
A.
Purpose. Fairfield Township is an agricultural community that has historically seen multiple generations of a family living on the same property in more than one home. This section is intended to reflect this historical development pattern and allow for continued multi-generational living.
B.
Within the R-1, R-2, R-3, and Agricultural zoning districts, a second principal dwelling unit shall be permitted as a conditional use on any property developed with a single-family dwelling subject to the following conditional use requirements:
(1)
Minimum lot area shall be 2.0 acres.
(2)
The primary occupants of the second dwelling shall be immediate family members of the primary occupants of the principal dwelling on the property.
(3)
The second dwelling unit shall adhere to all bulk requirements for principal dwellings in the respective zoning district.
§ 450-28.2 Cannabis business uses.
[Added 10-16-2024 by Ord. No. 9-2024]
A.
All cannabis business uses as defined in § 205-2 of this Code shall be permitted as conditionally permitted uses in the PBI - Planned Business Industrial District, and the I - Industrial District of the Township.
B.
Cannabis businesses with a Class 1, 2, 3, or 4 license shall be subject to the following conditional use requirements:
(1)
Businesses must hold, or demonstrate proof of submission for the appropriate license from the state Cannabis Regulatory Commission.
(2)
Businesses must hold a municipal cannabis license in accordance with § 205-3 of the Township Code.
(3)
The minimum required lot area shall be five acres.
(4)
The minimum front yard setback shall be 100 feet.
(5)
The minimum side and rear yard setback shall be 50 feet.
(6)
A cannabis business shall be no closer than 500 feet from any residential use or school, as measured from building to building.
(7)
No outdoor storage of cannabis or cannabis materials shall be permitted.
C.
Cannabis businesses with a Class 5 or 6 license shall be subject to the following conditional use requirements:
(1)
Businesses must hold, or demonstrate proof of submission for the appropriate license from the state Cannabis Regulatory Commission.
(2)
Businesses must hold a municipal cannabis license in accordance with § 205-3 of the Township Code.
(3)
The minimum front yard setback shall be 50 feet.
(4)
The minimum side and rear yard setback shall be 35 feet.
(5)
A cannabis business shall be no closer than 500 feet from any residential use or school, as measured from building to building.
(6)
A cannabis retail or delivery business shall be permitted to be a tenant within a multi-tenant retail building.
(7)
On site consumption of cannabis products shall be prohibited.