Fredon Township City Zoning Code
ARTICLE XIV
LI Light Industrial Zone
§ 550-84 Permitted uses.
Permitted principal uses in the LI Zone shall be as follows:
A.
General manufacturing, including, but not limited to, the manufacture, compounding, assembly, processing, packing or treatment of articles or products.
B.
Machine shops, not including foundries and heavy fabrication.
C.
Scientific or research laboratories, including pilot plants in connection therewith.
D.
Wholesale business storage and warehousing.
E.
Distribution centers, including, but not limited to, parcel delivery service industry.
F.
Moving and storage operations, including self-storage facilities.
G.
Printing, publishing, lithographing, and binding operations.
H.
Computer and data processing centers.
I.
Greenhouses and garden centers.
J.
Lumber and building materials sales.
K.
Health and fitness centers.
L.
Indoor tennis, racquetball and similar court sports.
M.
Offices for business, professional and administrative purposes, and office record storage.
N.
Medical offices and clinics.
O.
Public buildings and utility uses, other than electricity generating plants, gas manufacturing plants or gasometers.
Q.
Child-care facilities, pursuant to N.J.S.A. 40:55D-66.6.
§ 550-85 Conditional uses.
Permitted conditional uses in the LI Zone shall be as follows:
A.
B.
Solar production systems, as herein defined, subject to the following conditions:
[Added 6-14-2012 by Ord. No. 2012-05]
(1)
Energy generation shall be limited to six megawatts (MW) in order that no such commercial system is generating energy on the scale of a public utility. However, this provision is in no way meant to prohibit the generation and sale of electricity to public utilities for profit.
(2)
Solar production systems shall be ground mounted only.
(3)
In order to minimize the removal of forests and large groups of trees, the land which is the subject of the proposed solar production system shall have been cleared for at least five years prior to the submission of the application.
(4)
In no event shall a lot have more than 10% of the existing forested portion thereof cleared for ground-mounted solar production systems.
(5)
The minimum lot size shall equal at least six acres for each megawatt (MW) of electrical energy produced.
(6)
Not in excess of 80% of the lot may be devoted to ground-mounted solar production systems.
(7)
All ground-mounted solar production systems shall be set back a distance of 75 feet from all property lines and street right-of-way lines, and within such setback area no solar panels, inverters, interconnection equipment or other devices or facilities related to their use shall be located.
(8)
Ground-mounted solar arrays shall not exceed a height of 12 feet.
(9)
Ground-mounted solar arrays and all attendant equipment and facilities shall be enclosed within a chain-link fence, coated with black vinyl material and attended by a bottom rail (and not merely a tension wire), which shall have a height of eight feet with the exception of the portions thereof which enclose inverters, switchgears and other high-voltage equipment, which shall be enclosed with a black-vinyl-coated chain-link fence having a height of 10 feet.
(10)
The arrays of solar panels shall be established in a generally symmetrical fashion, i.e., square or rectangular, and extreme deviations from such configurations shall not be permitted.
(11)
Each row of ground-mounted solar panel arrays shall be identified by a numbering or lettering system in order that service providers, including emergency service providers, can efficiently locate the area of concern. In order to assure the prompt and efficient provision of emergency services to the solar panel array, a map of same, including the identification of each and every row of solar panels and the high-voltage equipment areas (inverters, switch stations, etc.) shall be provided to the Township Clerk and the emergency service provider organizations in the Township.
(12)
Ground-mounted solar panels and solar arrays shall not be subject to impervious surface calculations, unless installed above an existing impervious surface.
(13)
The facilities and associated equipment shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the system. In no case shall any such identification be visible from an adjoining property line.
(14)
Facilities and associated equipment shall not significantly impair a scenic vista or scenic corridor as identified in the Township's Master Plan or other published source.
(15)
Wires, cables and transmission lines running between the facility and any other structure shall be installed underground. However, interconnection services between the solar facility and the utility transmission lines may be constructed above the ground.
(16)
Design of access roads shall be such as to minimize lot coverage and the distance from public roads.
(17)
Facilities shall use semipervious materials, such as gravel, for access roads to minimize stormwater runoff.
(18)
All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.
(19)
All solar production systems shall be screened from view of all public streets by buildings and/or a fifty-foot buffer of dense evergreen plant material and/or fences as deemed necessary by the Land Use Board to achieve the intended buffer.
(20)
Ground-mounted solar systems shall include a landscape plan indicating the seed mix to be used as ground cover beneath the solar arrays. Such seed mix shall consist of 100% native noninvasive species that are low maintenance, promote or aid the local wildlife and do not grow to the height of the bottom of the panels.
(21)
Periodic maintenance of the facility shall be conducted in order that the grass and other vegetation beneath the solar panel arrays shall have a uniform height and shall be no taller than one foot (12 inches) beneath the lower portion of any panel.
(22)
Abandoned solar facilities.
(a)
Wind and solar production systems and associated equipment that have not been in use for commercial production and sale for a period of six consecutive months shall be removed by the property owner. Additionally, all equipment buildings, related facilities, fencing, utility connections and access driveways shall be removed and the site restored to its predevelopment condition. This removal shall occur within 60 days of the end of such six-month period. Upon removal, the site shall be cleared and restored. Any and all costs of removal shall be the sole responsibility of the property owner.
(b)
In order to ensure compliance with these requirements, the owner shall provide a performance bond and/or other assurances satisfactory to the Land Use Board and the Township Committee to cover the cost of removal of the facility, associated equipment and any other related improvements to the land which are required to be removed. The amount of the performance guarantee shall be 120% of the estimated cost of removal and shall be subject to the approval of the Township Engineer.
(c)
In the event that a bond is not available for a term adequate to serve its intended purpose, or if the developer so elects, the developer may post a cash performance guaranty to assure site restoration in the event of abandonment of the project. The amount of the cash deposit, which shall be placed in escrow with the Township of Fredon in an interest-bearing account, shall be determined as follows:
[1]
The developer's engineer shall prepare a restoration cost estimate, which may take into account the salvage value of the facilities at the time of site restoration, and deduct that amount from the total cost of site restoration.
[2]
That estimate shall be submitted to the Township Engineer, who shall then review and approve or modify the amount as he/she deems appropriate.
[3]
The total amount of the cash performance guaranty shall then be divided by either the projected useful life of the project or the initial term of the lease if the developer is not the property owner, whichever term shall be lesser.
[4]
The total amount of the performance guaranty shall be divided by that number of years to result in the annual cash deposit requirement to be posted with the Township of Fredon.
(d)
Failure to remove an abandoned solar facility shall entitle the Township to remove same at the owner's expense and to assess the property owner for all reasonable costs incurred. The amount of the performance guaranty, established in accordance with the foregoing, shall be reviewed by the Township Engineer every five years to confirm its continuing adequacy in serving its intended purpose.
C.
A cannabis cultivator with ancillary manufacturer shall meet the following conditions when permitted as a conditional use.
[Added 11-22-2021 by Ord. No. 2021-11]
(1)
Location: The property and facility shall have frontage on and direct access to Route 94.
(2)
Minimum lot size: The lot shall not be less than 10 acres in size.
(3)
Building size. The building's size shall be proportionate with the lot on which it is situated as follows:
(6)
Signage: Signs shall be limited to street address and identification/name of business. Signage shall not promote consumption of any cannabis products. All other signage regulations in the Zone shall be met.
(7)
Allocation of building use: Cannabis manufacturing may only occur in a building used for cannabis cultivation. No more than 20% of a building used for cultivation may be allocated for manufacturing by a cannabis manufacturer, as well as office use in connection with the cultivation and manufacturing business.
(8)
Site plan approval: All cannabis cultivators require major site plan and conditional use approval. A zoning certificate cannot be issued until Board approval is obtained. When seeking site plan approval, cannabis cultivators shall submit the following for Board approval.
(9)
Product consumption: No cannabis products shall be permitted to be consumed on site.
(10)
Odor control: The facility shall provide an air treatment system with sufficient odor absorbing ventilation and exhaust systems such that any odor generated inside the facility is not detectable by a person of reasonable sensitivity at the property line of the subject property. Odor from the facility shall be monitored periodically at the discretion of the Township by a licensed, qualified contractor chosen by the Township and paid for by the operator.
§ 550-86 Accessory uses.
Permitted accessory uses in the LI Zone shall be as follows:
A.
Outdoor storage, provided that said storage shall not be located in a front yard nor in a side yard adjoining a street, said storage shall meet the setback requirements from property lines for accessory buildings, and said storage shall be screened from adjacent properties by special planting or a fence as approved by the Land Use Board.
B.
Retail sales of goods and products manufactured or warehoused on the premises, provided that the area devoted to retail sales shall be limited to a maximum of 10% of the floor area occupied by the firm or establishment or 2,500 square feet, whichever is lesser. Further, the required number of parking spaces for the area devoted to retail sales shall be determined separately from other operations in the building.
C.
Garages for the storage of vehicles used in the conduct of the principal use.
D.
Gate houses and guard houses necessary for security and traffic control.
E.
Where there is a lawfully preexisting residence, accessory uses and/or structures customarily incidental to a residential use, such as pools, fences and decks, shall be permitted with the same restrictions that apply in § 550-27.
H.
[1]Small solar systems limited to the lesser of 15 kilowatts (15 kw) or 110% of the average of the three prior years’ electrical energy consumption. Solar panels and solar arrays may be rooftop mounted or ground mounted in the rear yard area only, at the applicant’s discretion. Ground-mounted solar panel arrays shall be prohibited from being located within the front yard area. In the event that an applicant proposes to locate ground-mounted solar panel arrays in the side yard area, application shall be made to the Zoning Officer for the grant of a waiver. In order to receive such waiver, the applicant shall demonstrate to the Zoning Officer that the location of the solar panel arrays on the roof of the residence (or other structure on the lot) or in the rear yard area is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question. In the event that the Zoning Officer has doubt or difficulty with making a determination as to the granting of such waiver or in the event that the Zoning Officer denies such waiver, application shall be made to the Land Use Board for the grant of such waiver, which shall be treated as an exception pursuant to N.J.S.A. 40:55D-51. All ground-mounted small solar systems will be located upon the lot in closer proximity to the principal residence thereon than to any neighboring homes or building envelopes on adjoining properties that are unimproved. Ground-mounted solar arrays permitted by the Land Use Board, upon proper application, to be located within the side yard setback area shall be effectively screened from view from the street and adjacent properties by evergreen plantings having a minimum planted height of 48 inches and a maximum on-center planting spacing of 10 feet to create a continuous visual buffer. After completion of installation, the applicant shall provide written notice of the existence of such small solar energy system to the emergency service providers (Fredon Township Fire Department and Fredon Emergency Medical Services) identifying the subject property by block and lot, street address and a graphic plan or narrative identifying the location of the electrical service disconnect for the solar energy system.
[Amended 6-14-2012 by Ord. No. 2012-05]
§ 550-87 Area, yard and bulk requirements.
The following requirements shall be met for all lots within the LI Zone:
A.
Lot area. The minimum lot area shall be at least five acres.
D.
Building height. The height of the principal structure shall not exceed 40 feet above grade, exclusive of antennas, flagpoles, smokestacks, water towers and the like. In no case shall the highest point of the accessory structure be greater than 50 feet above the principal structure. Where the distance from the base point of the accessory structure to the nearest property line is less than 90 feet, the highest point of the accessory structure shall be no greater than the distance from the base of the accessory structure to the nearest property line.
E.
Buffers. Where the light industrial property is bounded by property zoned for residential use, there shall be a buffer of 200 feet between such boundary and any structure, parking lot or driveway constructed on the light industrial property. The buffer area shall include a fence or vegetation adequate to screen the light industrial use from the residential zone.
F.
Parking location. Parking spaces and parking service aisles shall not be located in the front yard of the lot, and shall be designed in accordance with Chapter 424, Site Plan Review.
G.
Building coverage. Building coverage shall not exceed 20% of the total lot area.
H.
Floor area ratio. The ratio of the gross floor area of all principal building(s) on the lot to the total lot area shall not exceed .25.
I.
Number of principal uses. There shall be only one principal use on each lot in the light industrial zone.