Glen Gardner City Zoning Code
ARTICLE V
Use Regulations
§ 104-20 Applicability of regulations.
§ 104-21 Uses subject to other regulations.
A.
All uses permitted by right or conditional approval shall be subject, in addition to use regulations, to such regulations of yard, lot size, lot width, building area and height, impervious surfaces, easements, buffer yards, off-street parking and such other provisions as are specified in other articles herein.
B.
In particular, the laws of the state and the local regulations regarding waste disposal shall be adhered to. Further, no zoning permit shall be issued until approval is obtained from the necessary regulatory bodies for sewage disposal, unless the premises are served by public water and/or sewer facilities.
§ 104-22 Temporary accessory uses.
A.
Temporary residential use. No garage or other accessory building, partial structure or temporary structure shall be erected or moved onto a lot and used for any dwelling purposes unless authorized by the issuance of a temporary zoning permit. Such permit shall clearly set forth that the structure proposed is intended for temporary dwelling purposes and that the authorized structure is to be vacated upon the expiration of a specified time limit, not to exceed one year. On receipt of the zoning permit, the applicant shall certify that he or she has knowledge of the terms of the permit and the penalty that can be invoked for violation.
§ 104-23 Use regulations.
A.
Agricultural uses.
(1)
A-1, agriculture and horticulture. Agriculture and horticulture shall include uses such as tilling of soil; raising of livestock, horses or poultry; growing trees, shrubs, flowers or vegetables; and related farmhouses and usual farm buildings, provided that the following shall apply:
(a)
Farm unit. Single-family detached dwelling for the sole use of individuals and their immediate families, engaged in agricultural employment on the same site or for the immediate family of the landowner or for persons engaged in agricultural employment on the property. This use is subject to the following provisions:
[1]
One dwelling unit per farm will be permitted, provided that the site is equal to five acres plus the minimum lot size required for a dwelling unit in the zoning district in which the farm unit is located.
(b)
Accessory farm buildings. All buildings associated with the use, i.e., barns, sheds, silos, etc., shall be permitted, provided that:
(c)
Livestock. The keeping of livestock or horses shall be limited to lots of at least three acres in area and shall be limited to one head of livestock or horse or 50 fowl per acre on lots less than 10 acres in area. Riding academies, livery or boarding stables and commercial dog kennels are not included in this provision and must meet the requirements of uses A-5 or A-6 herein.
[Amended 4-17-2019 by Ord. No. 2019-03]
(d)
Such use does not include landscape contracting.
(e)
Parking: no less than two off-street parking spaces per dwelling unit shall be provided.
(2)
A-2, agricultural sales/farm stands. Sales of farm products shall be conducted from a portable or permanent structure not exceeding 400 square feet in area, under the following conditions:
(a)
Only farm produce may be sold.
(b)
Farm produce shall be limited to plant material and harvested crops.
(c)
At least 50% of the produce must be grown or raised on the property or in the immediate region.
(d)
Any processed (frozen, canned, etc.) food for sale must have been grown or raised on the property or in the immediate region.
(e)
Access to the tract must be controlled by physical means to limit access to two points. The access points shall be no more than 24 feet wide.
(f)
Sales buildings or stands shall comply with the minimum setback requirements of the district.
(g)
Parking: no less than one off-street parking space for each 200 square feet of building floor area or a minimum of four spaces shall be provided, whichever is greater. All parking shall be provided beyond the legal right-of-way.
(3)
A-3, nursery, with or without retail sales of greenhouse sales of flowers, shrubs and plants, provided that:
(4)
A-4, landscape contractor. Personal service business of building, installing and maintaining hard and soft landscape features off-site for a contracted fee:
(a)
Outdoor storage permitted with a sufficient buffer yard.
(b)
There shall be a continuous landscape buffer a minimum of 100 feet wide adjacent to all residential uses and districts.
(c)
Parking: one off-street parking space per employee plus one parking space per each piece of equipment shall be provided.
(5)
A-5, riding academy. Riding academy, livery or boarding stable, subject to the following provisions:
(a)
A lot area of not less than 10 acres shall be required.
(b)
Dwellings and accessory farm buildings shall be permitted in accordance with the regulations for agriculture and horticulture, use A-1.
(c)
No more than one horse per acre shall be permitted.
(d)
Horse shows shall be permitted only by approval of the Borough Council and shall be limited to a specified number each year for each riding academy.
(e)
Parking: no less than one off-street parking space shall be provided for every three horse boarding spaces.
(6)
A-6, kennel. The keeping of more than six dogs that are more than six months old for breeding, training, selling or boarding for a fee is permitted, provided that the following conditions are met:
(a)
Minimum lot size shall be five acres.
(b)
No animal shelter or runway shall be located closer than 300 feet to any residential building other than the owner's.
(c)
The total number of dogs on the property shall not exceed five dogs per acre or 20 dogs maximum, excluding dogs under six months of age.
(d)
All kennels must present proof of a waste disposal and a management program certified acceptable by the County Health Department or local Board of Health.
(e)
Parking: no less than one off-street parking space for each employee plus one space for each seven animals in capacity shall be provided, except for training, where one space shall be provided for each three animals.
(7)
A-7, poultry. Chickens may be kept and maintained on residential lots, provided the following shall apply:
[Added 4-17-2019 by Ord. No. 2019-03]
(a)
A maximum of eight chickens, excluding roosters, may be kept on a residential lot of up to acre.
(b)
A maximum of 24 chickens, excluding roosters, may be kept on a residential property lot exceeding one or more acres.
(c)
Roosters may be kept on a residential lot of three acres or more.
(d)
This section shall not apply to any property that is certified as a commercial farm entitled to protection under the Right to Farm rules and regulations.
B.
Residential uses.
(2)
B-2, village house. A village house is a single-family detached dwelling on a separate lot. It differs from other forms of single-family detached housing in its lot size and its placement on the lot, which are similar to houses found in the historic villages and towns. The house is placed very close to the street and is additionally distinguished from other single-family houses by planting or architectural treatments.
(a)
Each unit shall require a minimum of two of the following characteristics:
[1]
One canopy tree per lot or two flowering trees per lot.
[2]
An unenclosed porch, running across at least 3/4 of the house front and being at least seven feet in width.
[3]
A front yard raised above sidewalk grade by at least 18 inches with a retaining wall of at least 18 inches at the sidewalk line.
[4]
A front yard enclosed by a permanent wall or fence of wood or masonry construction at least 30 inches in height.
[5]
Hedge yard: one of the following or similar species per 18 inches:
(b)
Parking: no less than two off-street parking spaces shall be provided on any lot on which a dwelling in hereafter erected.
(3)
B-3, patio house/Z-lot house. A patio or Z-lot house is a single-family detached or semidetached dwelling with one or two of the building walls set on one or two of the side property lines and with additional walls or fences set on the remaining side and the rear property lines to form a private outdoor enclosure.
(a)
The lot shall be fully enclosed by a wall or fence at least five feet six inches high.
(b)
Building walls set on side property lines shall either have no windows or fixed windows with translucent glass.
(c)
The patio shall be a minimum of 144 square feet.
(d)
Parking: no less than two off-street spaces shall be permitted per dwelling unit.
(6)
B-6, townhouse. A townhouse dwelling is a single-family attached or semidetached dwelling within a multi-dwelling building, with only one dwelling from ground to roof. No more than two walls of each dwelling are in common with other such dwellings, provided that:
(a)
An average of five dwelling units in a row shall be permitted, with no more than eight dwelling units in a group.
(b)
Townhouses shall be arranged in groups or clusters and not in long rows parallel to street lines. No more than eight such buildings may be so attached in any one group. No more than five such buildings shall be in a row, and the total length of the row shall not exceed 120 feet.
(c)
To create architectural interest in the layout and character of housing fronting streets, variations in setbacks, materials and design shall be encouraged. In any case, a minimum of two feet variation in setback shall occur at least every third dwelling.
(d)
No less than two off-street spaces shall be permitted per dwelling unit.
(7)
B-7, multiplex. A multiplex dwelling is an attached dwelling with a three to five dwelling building and with one dwelling above, side-by-side or back-to-back with another dwelling. The building has yards on all four sides.
(8)
B-8, garden apartment. A garden apartment dwelling is an attached dwelling within a six- to sixteen-dwelling building and with dwellings above, side-by-side or back-to-back with other dwellings. The building has setbacks on all four sides.
(a)
The maximum length of such a building shall be 150 feet in any one direction.
(b)
The maximum number of dwelling units in such building shall be 16 per any one direction.
(d)
Garden apartments shall be arranged in groups or clusters and not in long rows parallel to street lines.
(e)
To create architectural interest in the layout and character of housing fronting streets, variations in setbacks, materials and design shall be encouraged.
(f)
Parking: no less than one parking space shall be required for an efficiency apartment; no less than one parking space shall be required for a one-bedroom apartment; no less than two parking spaces shall be required for a two-bedroom apartment; additionally, one space per unit is required for overflow parking.
(9)
B-9, single-family detached cluster. A single-family detached cluster use shall include single-family detached dwellings on individual lots that are clustered to preserve open space, provided that:
(11)
B-11, residential conversion. Such use shall include the conversion of an existing dwelling into more than one dwelling or the conversion of an accessory building into no more than one dwelling, provided that:
(a)
The yard requirements for the district in which the use is located shall be met.
(b)
There shall be a maximum of one residential conversion per residential building or residential lot.
(c)
All conversions must comply with all applicable regulations of the State of New Jersey in addition to all local building codes and permit requirements of Glen Gardner Borough and Hunterdon County, as applicable.
(d)
The appearance of the conversion shall be in conformance with the existing structure regarding size, bulk, etc.
(e)
Exterior fire escapes and outside stairways shall be located at the rear or side of the building.
(f)
Documentation that the existing well and septic system can accommodate additional unit demands.
(g)
Parking: no less than two off-street parking spaces shall be provided for each dwelling unit. In addition, the following standards shall be met:
[1]
No off-street parking shall be permitted in the front yard. Parking in the side and rear yards shall be visibly buffered from the street and the adjacent yards.
[2]
The intensity of development may be contingent upon the amount of parking permitted for any given lot. No parking shall be so extensive in proportion to the total area of any lot so as to detract from the residential character of the community. The maximum impervious surface ratio for the district may not be exceeded.
[3]
All drainage on-site shall be handled in accordance with the recommendations of the Borough Engineer.
(h)
The owner must reside on the property used for residential conversion.
(12)
B-12, group homes. The purpose of this use is to create a setting which most nearly approximates traditional familial living arrangements for the developmentally disabled and victims of domestic abuse. All group home structures should have the appearance of single-family or other traditionally residential structures. In addition to any other applicable provisions of the zoning provisions of this chapter, the following standards must be met in order to qualify for this use:
(a)
No group home shall be located on any street other than a local access street.
(b)
If any group home use is to be operated by a group, organization, corporation, etc. that is subject to state or local regulation, then said group, organization, corporation, etc. must comply with all appropriate regulations of any governmental agency authorized to regulate said group, organization, corporation, etc. Proof of compliance with all applicable regulations shall be furnished to the municipal Zoning Officer within three months of the granting of the zoning permit.
(c)
Parking: One parking space shall be provided for each employee plus one space for each two residents. Said parking spaces shall be constructed so that no more than two spaces appear in the front yard, thereby confining the remainder of the parking to the rear and side yards. Buffering requirements and landscaping requirements shall be in accordance with Article VII.
(13)
B-13, guest houses/bed-and-breakfast. The use and occupancy of a detached dwelling shall be permitted for accommodating transient guests for rent, subject to the following additional conditions and restrictions:
(a)
No more than six guest rooms may be provided. No more than two adults and two children may occupy one guest room.
(b)
The minimum lot size for the guest house use shall be 30,000 square feet.
(c)
No external alterations, additions or changes to the exterior structure shall be permitted except as required by the State of New Jersey or any other governmental agency for safety reasons.
(d)
The use shall be carried on primarily by members of the immediate family, which must reside on the premises. Nonresident employees shall be limited to two in addition to the resident members of the family.
(e)
There shall be no separate kitchen or cooking facilities in any guest room. Food shall be served only to guests on the premises.
(f)
The maximum uninterrupted length of stay at a guest house shall be 14 days.
(g)
The use of any amenities provided by the guest house such as swimming pool or tennis courts shall be restricted in use to guests of the establishment.
(h)
There shall be no use of show windows or display or advertising visible outside the premises to attract guests other than a single, nonilluminated sign which meets the regulations set forth in Article VIII of this chapter.
(i)
If the facility is served by an on-lot water supply system and/or an on-lot wastewater disposal system, the applicant shall demonstrate to the satisfaction of the municipal Health Officer and the governing body that these on-lot facilities are adequate to serve the maximum number of guests which could be housed at the facility at any one time.
(j)
Parking: one off-street parking space shall be provided for each guest room, plus one space for each employee and two spaces for the owners of the property. The off-street parking spaces shall be located either to the side or rear of the main dwelling and should be screened from the roadway by a five-foot fence or plant material as specified in Article VII of this chapter.
(14)
B-14, residential flat. A residential flat is a dwelling unit situated on the floors above permitted nonresidential uses.
[Amended 12-18-2007 by Ord. No. 2007-8]
(15)
B-15, age-restricted housing. A variety of dwelling unit types and associated services designed for mature adults, 55 years of age or older, which includes but is not limited to single-family detached and attached housing, townhomes, garden apartments, assisted-living facilities, congregate-care facilities, continuing care/extended and outpatient care facilities, provided that:
[Added 4-17-2001 by Ord. No. 2001-4]
(a)
Age restrictions. Through its corporations, associations or owners, said land shall be restricted by bylaws, rules, regulations and restrictions of record to use by permanent residents 55 years of age or older, with the following exceptions:
[1]
A member of a couple under the age of 55 years who is residing with his/her partner who is 55 years of age or over.
[2]
Unemancipated children (as defined under New Jersey law) residing with their parents or parent where one of the parents with whom the child or children are residing is 55 years of age or older.
[3]
One adult under 55 years of age will be admitted as a permanent resident if it is established that the presence of such person is essential to the physical care of one or more of the adult occupants who shall be 55 years of age or older.
(b)
Design requirements for age-restricted housing:
[1]
A comprehensive design plan shall be prepared for the entire age-restricted housing development featuring a communal meeting area or neighborhood focal points developed with seating areas, landscaping, decorative pavement and lighting and structural features such as picket fencing, masonry walls, a gazebo, etc. A minimum of 250 square feet of developed open space shall be set aside in the form of neighborhood greens or parks per each residential unit. In the case of assisted-living, congregate-care or extended-care and continuing-care facilities, a minimum of 20 square feet of developed outdoor area per bedroom shall be set aside.
[2]
The development plan for the site, its developed facilities and the interior of residential units must be specifically designed to meet the potential physical and social needs and visual, auditory, ambulatory and other impairments that may affect older persons, particularly as residents age in place.
[a]
There should be provided a safe and convenient system of walks accessible to all occupants. Due consideration should be given in planning walks and ramps to prevent slipping or stumbling. Handrails and ample space for rest should be provided. All walks, paths and risers shall be designed according to the requirements of the Americans with Disabilities Act (ADA).
[b]
Artificial lighting shall be provided along all walks and interior roads and driveways and in all off-street parking areas, with sufficient illumination for the safety and convenience of older-age residents, depending on the anticipated nighttime use.
[c]
An age-restricted housing development shall provide developed open space and common recreational or community facilities for the exclusive use of its residents.
[i]
There shall be not less than 10 square feet of floor space per dwelling unit provided in community or clubhouse buildings, and assisted-living facilities. Such facilities shall be designed and equipped to meet the social and recreational needs of the anticipated residents. This may include a hobby and craft room, lounge areas, meeting rooms, card rooms, rooms providing support facilities for outdoor recreation facilities or other similar facilities.
[ii]
Not less than 5% of the developable area of the project shall be developed for outdoor recreational use. This may include shuffleboard and horseshoe courts, tennis courts and other appropriate facilities.
[d]
The interior of a residential unit in an age-restricted housing development shall be designed to accommodate the reasonable physical impairments of residents as they evolve from independence to limited functioning. Among features which may be considered in unit design are skidproof floors, emergency call systems, elevated switches and electrical outlets that do not require the user to bend or crouch, grab bars at bathtubs and toilets, doors wide enough to accommodate wheelchairs, appliances that are front-mounted with easy to read dials and gauges, and avoidance of barriers such as high doorsteps, uneven walking surfaces, hard-to-open doors (use lever handles) and difficult-to-operate plumbing fixtures.
[e]
An on-site security and maintenance service system may be provided, including an entrance gatehouse, fences, walls and supporting service buildings.
[3]
The entire planned age-restricted housing development shall be designed and constructed to provide utility services, including stormwater drainage, electric, telephone and, where desired, CATV cables, all of which shall be installed underground.
(c)
Off-street parking. Off-street parking spaces shall be provided as follows: one attached garage space plus one space in the driveway for each single-family detached dwelling unit; and for multifamily unit dwellings, 1.25 parking spaces for each one-bedroom unit, 1.75 parking spaces for each two-bedroom unit and two parking spaces for each three-bedroom unit. Adequate parking facilities for residents, employees and visitors of an assisted-living or congregate-care facility shall be provided. For assisted-living, congregate-care and continuing-care/extended-care facilities, there shall be 0.5 off-street parking space per bedroom in addition to one off-street parking space for each employee on the largest shift. All parking areas for congregate-care, continuing-care/extended-care and nonresidential accessory uses shall be visually defined along their perimeter by a fence, wall, hedge, tree line or landscaped berm, or some combination of the above. Screening shall be at least four feet in height to soften the pedestrian's view of a large number of parked cars.
C.
Religious, educational, recreational and institutional uses.
(1)
C-1, athletic facility. Such use shall include a recreational facility owned or operated by a nongovernmental agency, including outdoor facilities and buildings for indoor court games played with a ball such as racquetball, handball, squash, tennis, basketball and volleyball and facilities related thereto, provided that:
(a)
A minimum lot size of three acres is required.
(b)
The use shall not permit amusement parks, wild parks or zoos.
(c)
No outdoor active recreational area shall be located nearer to any lot line than 100 feet.
(d)
Outdoor play areas shall be sufficiently screened and isolated so as to protect the neighborhood from inappropriate noise and other disturbances.
(e)
Parking: no less than one off-street parking space for each five persons of total design capacity of the facility or at least one off-street parking space for each 50 square feet of floor area used or intended to be used for service to customers, patrons, clients, guests or members shall be provided, whichever requires the greater number of off-street parking spaces.
(2)
C-2, cemetery. A cemetery shall include a burial place or graveyard, including a mausoleum, crematory or columbarium, provided that:
(a)
Area and bulk regulations.
[1]
The minimum lot size shall be five acres.
[2]
No more than 25% of the entire area, to a maximum of 1.25 acres, may be devoted to aboveground buildings not serving as burial markers or memorials, such as business and administration offices, chapels, maintenance facilities, bath houses, greenhouses, work houses, repair shops and the like. This restriction includes parking facilities.
[3]
For all accessory buildings, the setback line requirement shall be the same as for single-family detached dwellings in the zone in which the cemetery is located.
[4]
A twenty-foot buffer strip shall be provided between building or burial site and the cemetery property line.
[5]
The side yard for all accessory buildings shall be the same as that required for single-family detached dwellings in the zone in which the cemetery is located.
[6]
If the cemetery area exceeds 50 acres, one dwelling, to be used for custodial personnel, may be permitted. If the cemetery area is less than 50 acres, there shall be no dwellings.
(b)
Cemetery design standards.
[1]
The maximum height of mausoleums, columbariums and other burial structures shall be 15 feet.
[2]
The maximum height of accessory buildings, including dwelling units, where permitted, shall be three stories or 35 feet.
[3]
For all entrance features, including gates, fountains, statuary, identification signs and the like:
[a]
There shall be not more than two identification signs at such entrance and the same shall conform to Article VIII.
[b]
The main portion of entrance features shall be located at least 10 feet from the nearest right-of-way line of any public street.
[c]
No such entrance features shall exceed 12 feet in height.
(3)
C-3, community center. A community center shall include an educational center or other similar facility operated by an educational, philanthropic or religious institution, subject to the following additional provisions:
(a)
The use shall not be conducted as a private, gainful business.
(b)
No outdoor recreational area shall be located nearer to any lot line than 100 feet.
(c)
Parking: no less than one off-street parking space for every five persons of total design capacity of the facility or at least one off-street parking space for each 50 square feet of floor area used or intended to be used for service to customers, patrons, clients, guests or members shall be provided, whichever requires the greater number of off-street parking spaces.
(4)
C-4, day nursery. Such use shall include a day nursery, nursery school or other agency giving day care to children, subject to the following additional provisions:
(a)
The minimum lot area shall be equivalent to the minimum lot area for single-family detached units for each applicable district.
(b)
In all residential districts, the use shall be permitted only as an accessory use to a single-family residence or place of worship.
(c)
A maximum of 20 children shall be permitted for day nurseries in residential zones; in other zones, size shall be controlled by the state day-care facility licensing board.
(d)
Outdoor play areas shall be sufficiently screened so as to protect the neighborhood from inappropriate noise and other disturbances.
(e)
Parking: no less than one off-street parking space per five children shall be provided. Parking shall be adequately screened when situated next to land zoned for or in residential use.
(5)
C-5, library or museum.
(a)
Such use shall include a library or museum open to the public or connected with a permitted educational use and not conducted as a private, gainful business.
(b)
Parking: no less than one space per five seats or one space per 220 square feet of gross floor area, where no seats are provided, shall be provided. Parking areas shall be adequately screened when situated next to land zoned for or in residential use.
(7)
C-7, municipal garage. Such use shall include a municipal road maintenance facility, provided that:
(8)
C-8, nursing home. Such use shall include a licensed nursing or convalescent home, subject to the following additional provisions:
(9)
C-9, place of worship. Such use shall include a church, synagogue or other place of worship, provided that:
(a)
Access shall be to a collector or arterial road as delineated in the municipal Master Plan, as adopted.
(b)
Minimum yards: Where said use abuts a residential use, the minimum side yard shall be doubled. Otherwise, the setbacks of the district in which the place of worship is located shall govern.
(c)
Parking: one off-street parking space for each three seats shall be provided for patron use or at least one off-street parking space for each 40 square feet of gross floor area used or intended to be used for service of patrons, guests or members, whichever requires the greater number of off-street parking spaces, plus one additional space for each full-time employee. Parking areas shall be adequately screened when situated next to land zoned for or in residential use.
(10)
C-10, private club. A private club is a nonprofit association supported by dues or fees imposed on a uniform basis upon all members and paid at least in part for membership status rather than for periodic use of the club's facilities; includes but is not limited to fraternal, school, athletic or other associations, with rules, bylaws, charter or local or national affiliation and is based on membership of persons with common interests, pursuits or purposes and is subject to the following additional provisions:
(a)
The use shall be for members and their authorized guests only.
(b)
Parking: no less than one off-street parking space for every five persons of total design capacity of the facility or at least one off-street parking space for each 50 square feet of floor area used or intended to be used for service to customers, patrons, clients, guests or members shall be provided, whichever requires the greater number of off-street parking spaces.
(11)
C-11, recreational facility. Such use shall include a recreational facility, wildlife refuge or park, owned or operated by the municipality, other governmental agency, quasi-public association or homeowners' association, provided that:
(a)
No outdoor active recreational area shall be located nearer to any lot line than 100 feet.
(b)
Outdoor play areas shall be sufficiently screened and isolated so as to protect the neighborhood from inappropriate noise and other disturbances.
(c)
Parking: no less than one off-street parking space for each five persons of total design capacity of the facility shall be provided. Parking areas shall be adequately screened when situated next to land zoned for or in residential use.
(12)
C-12, school. A school shall include a private school, religious or nonreligious and a public school which is not conducted as a private, gainful business and is licensed under the proper governmental authority, provided that:
(a)
The minimum lot area for an elementary school shall be 10 acres, plus one acre for each 100 students of projected maximum enrollment of the school in excess of 1,000 students.
(b)
The minimum lot area for a junior high or middle school shall be 20 acres, plus one acre for each 100 students of projected maximum enrollment of the school in excess of 1,000 students.
(c)
The minimum lot area for a high school shall be 30 acres, plus one acre for each 100 students of projected maximum enrollment of the school in excess of 1,000 students.
(d)
Access shall be into an arterial or collector road as delineated in the municipal Master Plan.
(e)
Outdoor play areas shall be screened so as to protect adjacent residential neighborhoods from inappropriate noise and other disturbances.
(f)
Parking:
[1]
Elementary school, kindergarten, junior high school or middle school: no less than one off-street parking space for each faculty member and employee plus one space per two classrooms shall be provided.
[2]
Senior high school: No less than one off-street parking space per faculty member and employee plus one space per 10 students of projected building capacity shall be provided.
D.
Office uses.
(1)
D-1, office.
(a)
Such use shall include a building or group of buildings for a business, business administration, professional or governmental office use.
(2)
D-2, professional services. Professional services shall include the offices of a physician, lawyer, optometrist, clergyman, teacher, dentist, architect, engineer, insurance agent, real estate broker and manufacturer's representative and similar professional offices which do not include the actual storage, exchange or delivery of merchandise on the premises, provided that:
(a)
Such use shall be carried on wholly indoors and within the principal building.
(b)
No office building shall include a store, beauty shop or other personal service shop.
(d)
No structure designed for office use erected or altered after the effective date of this chapter shall include any dwelling unit or units.
(3)
D-3, medical clinic.
(a)
Such use shall include a building or buildings with multiple offices for more than one physician or dentist for examination or treatment of persons as outpatients and laboratories incidental thereto.
(4)
D-4, planned business development. A planned business development is a flexible development of mixed uses designed with an overall coordinated plan which includes retail, office and residential uses, provided that:
(a)
The minimum tract size shall be 20 acres.
(b)
The tract shall have at least 200 feet of frontage.
(d)
Density for the tract shall be based on dwelling units as per the Table of Performance Standards of the Mixed Use District in Article IV, § 104-17B. Commercial area permitted shall be 1,900 square feet per dwelling unit. Office space permitted shall be 650 square feet per every 1,000 square feet of commercial area.
(e)
At least 30% of the total amount of dwelling units shall be above offices or commercial uses.
(f)
Minimum yard setbacks for uses within the planned business development shall be 10 feet from curbs and 20 feet from parking areas.
(g)
Each building within the planned business development shall have a gable, hip, gambrel and/or mansard roof. No flat or lean-to roof shall be permitted.
(h)
All residential and nonresidential areas shall be linked via a pedestrian pathway network consisting of sidewalks and off-street walkways as approved by the Planning Board. The design of a planned business development shall be pedestrian-oriented, with a design that enables and encourages the greatest amount of pedestrian circulation within the development.
(i)
Except within sight triangle easements, all roads shall be landscaped with street trees as required under § 104-40F.
(j)
Parking: parking shall be as follows:
[1]
Retail: five spaces per 1,000 square feet of floor area; located in front of the building.
[2]
Office: three spaces per 1,000 square feet of floor area; located in front of the building.
[3]
Residence over commercial/office use: one space per dwelling unit, located to the rear of the building.
[4]
Townhouse, duplex or multiplex: two parking spaces per dwelling unit.
E.
Retail and consumer services uses.
(1)
(2)
E-2, automotive sales. Automotive sales include the sale and lease of automobiles by a duly franchised new car, boat or motorcycle dealership; used car, boat or motorcycle sales; or car, truck, trailer, motorcycle and/or boat rentals; farm machinery or travel campers; provided that:
(a)
The minimum lot size shall be two acres.
(b)
Lighting: All outside lighting shall be directed in such a way as not to create a nuisance to any adjacent property, and all lighting shall be arranged and shielded so as to protect the street or highway and adjoining property from direct glare or hazardous interference of any kind.
(c)
Such use shall be set back from the right-of-way a minimum of 50 feet.
(3)
E-3, commercial conversion.
(a)
Such use shall include the conversion of an existing structure or group of structures into a commercial use.
(4)
E-4, convenience shopping.
(a)
Such use shall include individual stores or a group or planned cluster of stores intended for quick carry-out trade such as a small grocery, delicatessen, newsstand, financial establishment, etc.
(5)
E-5, entertainment.
(a)
An entertainment facility shall include a bowling alley, skating rink, billiard hall, movie theater, theater or other similar use.
(6)
E-6, financial establishment. A financial establishment shall include a bank, savings and loan association, credit union or other financial establishment.
(7)
E-7, large retail store.
(a)
A large retail store shall include a store with greater than 10,000 square feet of floor area, including, regardless of size, any variety store, supermarket, department store and discount store.
(8)
E-8, repair shop.
(a)
A repair shop shall include any business for the repair of appliances, lawn mowers, watches, guns, bicycles, locks and small business machines (but not including automobile, vehicle and motorcycle repairs).
(9)
(10)
E-10, retail shop. A retail shop shall include a store selling apparel, baked goods, books, confections, drugs, dry goods, flowers, foodstuffs, furniture, gifts, hardware, household appliances, jewelry, liquor, milk, notions, periodicals, shoes, stationery, tobacco, toys, paint, records, cards, novelties, hobby and art supplies, music, luggage, sporting goods, pets, floor covering, garden supplies, plants, fabrics and beer and soft drinks, provided that:
(11)
E-11, service business. A service business shall include such uses as a barber, beautician, laundry, shoe repair, tailor, photographer, newspaper, small-scale printer and travel agency, provided that:
(12)
E-12, tavern.
(a)
Such use shall include an establishment which serves alcoholic beverages for on-premises consumption and which is licensed by the State of New Jersey.
(13)
E-13, veterinary office or clinic. Such use shall include the office of a veterinarian with an accessory animal kennel. Such use shall be subject to the following provisions:
(a)
Such use shall require a minimum of five acres if it includes a kennel or the outdoor boarding of dogs. No animal runway or outdoor pen shall be located closer than 150 feet from any lot line, street line or zoning district boundary.
(14)
E-14, hotel/inn. A hotel or inn shall include separate accommodations, for transient guests, along with a tavern and restaurant, provided the following provisions are met:
(a)
No more than 24 rooms shall be permitted.
(b)
The minimum lot size for a hotel/inn shall be 30,000 square feet.
(c)
Parking: There shall be a minimum of one parking space per each room plus one parking space per each three seats within the restaurant and tavern plus one parking space per employee.
(15)
E-15, sexually oriented businesses.
[Added 8-21-2001 by Ord. No. 2001-10]
(a)
A sexually oriented business means:
[1]
A commercial establishment which as one of its principal business purposes offers for sale, rental, or display any of the following: books, magazines, periodicals or other printed material, or photographs, films, motion pictures, videocassettes, slides or other visual representations which depict or describe a specified sexual activity or specified anatomical area, as defined in N.J.S.A. 2C:34-6; or still or motion-picture machines, projectors or other image-producing devices which show images to one person per machine at any one time, and where the images so displayed are characterized by the depiction of a specified sexual activity or specified anatomical area; or instruments, devices, or paraphernalia which are designed for use in connection with a specified sexual activity; or
[2]
A commercial establishment which regularly features live performances characterized by the exposure of a specified anatomical area or by a specified sexual activity, or which regularly shows films, motion pictures, videocassettes, slides, or other photographic representations which depict or describe a specified sexual activity or specified anatomical area.
(b)
No person shall operate a sexually oriented business within 1,000 feet of any existing sexually oriented business, or any church, synagogue, temple or other place of public worship, or any elementary or secondary school or any school bus stop, or any municipal or county playground or place of resort and recreation, or any hospital or any child-care center, or within 1,000 feet of any area zoned for residential use.
(c)
Every sexually oriented business shall be surrounded by a perimeter buffer of at least 50 feet in width with plantings, fence, or other physical divider along the outside of the perimeter sufficient to impede the view of the interior of the premises in which the business is located.
(d)
No sexually oriented business shall display more than two exterior signs, consisting of one identification sign and one sign giving notice that the premises are off limits to minors. The identification sign shall be no more than 40 square feet in size.
(16)
E-16, outdoor dining. Outdoor dining shall be permitted as a conditional use in connection with any restaurant or tavern that takes food orders and serves food to patrons while they are seated at tables.
[Added 12-18-2007 by Ord. No. 2007-8]
(a)
The outdoor dining area shall be closed after 10:00 p.m. on Friday and Saturday evenings and after 9:00 p.m. on Sunday through Thursday evenings.
(b)
Lighting of the outdoor dining area shall be subdued and shielded, such that no light will shine directly into any window off the premises and all lighting shall be shielded from all streets and property lines.
(c)
No music shall be played or piped to the outdoor dining area.
(d)
The combined areas set aside for outdoor dining on the site shall accommodate no more than a total of 24 patrons, and no more than eight persons shall be permitted to be seated at any individual table or combination of two or more tables placed together to form a single table.
(e)
The outdoor dining area shall be screened from adjacent residential properties.
(f)
Where parking cannot be increased on site to cover the requirements for the outdoor dining area, corresponding portions of the indoor dining area shall not be utilized during the times that tables are in use out of doors, so that the overall seating capacity and parking demand are not increased.
(g)
A site plan shall be submitted for approval by the Board in connection with any proposed outdoor dining area.
F.
All common carriers, public utilities and public service organizations.
(1)
F-1, emergency services. Emergency services shall include fire, ambulance, rescue and other emergency services of a municipal or volunteer nature.
(a)
For facilities without a community room, there shall be a minimum lot size of 1 1/2 acres.
(b)
For facilities with a community room, there shall be a minimum lot size of three acres.
(c)
Parking: no less than one off-street parking space shall be provided for every employee on the two major shifts at maximum employment or four off-street parking spaces for each fire truck where no community room is part of the building, whichever requires the greater number of parking spaces. Where a community room is provided, two off-street parking spaces shall be provided for each fire truck plus one off-street parking space for each 100 square feet of gross floor area. All off-street parking requirements shall be determined by the number of trucks, if there is no community room on the premises or the requirements for community rooms, if it applies. All parking areas shall be screened in accordance with Article VII herein.
(2)
F-2, utility operating facility. Such use shall include a transformer station, pumping station, relay station, substation, sewage treatment plant and any public or private utility, not including a public incinerator and public or private landfill, provided that:
[Amended 10-7-1997 by Ord. No. 97-8]
(a)
Such installation is essential to serve the Borough of Glen Gardner.
(b)
A fifty-foot buffer yard shall be provided along all property lines in accordance with the buffer requirements in Article VII herein.
(c)
There shall be an impact statement which shall evaluate the impact of the proposed land use on the district and on surrounding land uses. Such statement shall include assessments of the impacts on the following:
(d)
No zoning permit shall be required for utilities to be located in public streets or rights-of-way.
(3)
Communication antennas.
[Added 10-7-1997 by Ord. No. 97-8]
(a)
Intent. To minimize the adverse impacts associated with the potential proliferation of communication towers, the Borough of Glen Gardner is pursuing a proactive policy of requiring colocation of wireless communication antennas by more than one carrier on existing towers and on new tower(s) at public site(s) which may be designated by the Borough Council.
(b)
Communication antennas not attached to towers. Any communication antenna which is not attached to a communication tower shall be a permitted ancillary use to any commercial, industrial, professional, institutional or multifamily structure provided that:
[1]
The communication antenna does not exceed more than 20 feet above the highest point of the structure.
[2]
The communication antenna complies with all applicable Federal Communications Commission (FCC) and FAA regulations.
[3]
The communication antenna complies with all applicable building codes.
[4]
Amateur radio antennas are exempt from this section of the Code.
(c)
Colocation of communication antennas on existing towers.
[1]
Colocation of communication antennas required. Proposed communication antennas are required to colocate onto existing communication towers. Provided such colocation is accomplished in a manner consistent with § 104-23C(2) through (4), then such colocations are permitted by right.
[2]
Height. An existing communication tower may be modified or rebuilt to a taller height, not to exceed 20 feet over such tower's existing height, to accommodate the colocation of an additional communication antenna. The height change referred to herein may only occur one time per communication tower.
[3]
Onsite location. A communication tower which is being rebuilt to accommodate the colocation of additional communication antennas may be moved onsite within 50 feet of its existing location. Only one communication tower is permitted per lot.
[4]
Nonconforming uses. Bona fide nonconforming communications towers or antennas that are damaged or destroyed may be rebuilt. The type, height and location of the tower on-site shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with the then-applicable building codes and shall be obtained within 180 days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the communications facility shall be deemed abandoned.
(d)
Design and performance standards.
[1]
Telecommunications equipment compound design. The architectural design of the supporting equipment building shall incorporate a peaked roof and high quality building materials. The area devoted to the equipment compound shall be fenced and not exceed 1/2 acre.
[2]
Fencing. A chain link fence or wall not less than eight feet in height from finished grade shall be provided around each communication tower and equipment building. Barbed wire may be used along the top of the fence or wall. Access to the tower shall be through a locked gate.
[3]
Landscaping. The visual impacts of a communication tower and equipment building shall be mitigated for nearby viewers through landscaping or other screening materials at the base of the tower and ancillary structures. The following landscaping and buffering of a communication tower shall be required around the perimeter of the tower and accessory structures, except that the standards may be waived by the Planning Board for those sides of the proposed tower that are located adjacent to undevelopable lands and lands not in public view. Landscaping shall be installed on the outside of fences, Further, the use of existing vegetation shall be preserved to the maximum extent practicable and may be used as a substitute of or in supplement towards meeting landscaping requirements.
[a]
A row of shade trees a minimum of eight feet tall and a maximum of 10 feet apart shall be planted around the perimeter of the fence.
[b]
A continuous hedge at least 30 inches high at planting capable of growing to at least 36 inches in height within 18 months shall be planted in front of the tree line referenced above.
[c]
All landscaping shall be of the evergreen variety.
[4]
Method of determining communication tower height. Measurement of communication tower height shall include antennas, base pad and other appurtenances and shall be measured from the finished grade of the parcel.
[5]
Illumination. Communication towers shall not be artificially lighted, except to assure human safety or as required by the Federal Aviation Administration (FAA). The less intrusive type of lighting permitted by the FAA will be required.
[6]
Finished color. Communication towers not requiring FAA painting/marking shall have either a galvanized finish or painted a noncontrasting blue, gray or black finish.
[7]
Structural design. Communication towers shall be constructed to the EIA/TIA 222-E Standards, as published by the Electronic Industries Association, which may be amended from time to time, and all Borough construction/building codes. Further, any improvements and/or additions (i.e., antennas, satellite dishes, etc.) to existing communication towers shall require submission of site plans scaled and verified by a professional engineer which demonstrate compliance with the EIA/TIA 222-E standards.
[8]
Inspections.
[a]
The Borough Council may require periodic inspections of communication towers to ensure structural integrity. Such inspections may be required as follows:
[b]
Inspections shall be conducted by an engineer licensed to practice in the State of New Jersey. The results of such inspections shall be provided to the Borough Engineer. Based upon the results of an inspection, the Council may require repair or removal of a communication tower.
[9]
Noninterference. Each application for special exception to allow construction of a communication tower shall include either a preliminary or a required statement that the construction of the tower, including reception and transmission functions, will not interfere with the usual and customary transmission or reception of radio, television, etc., service enjoyed by adjacent residential and nonresidential properties. In the event that only a preliminary statement is submitted with the application, a final, certified statement of noninterference will be provided and approved by the Borough prior to the issuance of a building permit. The statement shall be prepared by an engineer licensed to practice in the State of New Jersey or other professional accepted by the Borough.
[10]
Approval required from other governmental agencies. Each application for a new or modified communication tower shall include written approval or a statement of no objection from other federal, state or county agencies that regulate communication tower siting, design and construction.
G.
Industrial uses.
(1)
G-1, building materials sale/storage yards. Such use shall include the storage and sale of finished products used in building construction, such as concrete and metal pipes, and rental and storage of construction equipment, provided that:
(a)
The rental of construction equipment is permitted.
(b)
Millworking is permitted as an accessory use.
(c)
Storage yards shall be fully enclosed by fencing and landscaping.
(d)
The storage of flammable or toxic gases and liquids and the production and mixing of asphalt and concrete is prohibited.
(e)
Parking: one space per 500 square feet of retail sales area plus one space for each company vehicle normally stored on the premises shall be provided.
(2)
G-2, contracting.
(a)
Contracting shall include offices and supply shops such as building supplies, cement, electric, heating, plumbing, masonry, painting, landscaping and roofing.
(b)
Parking: no less than 10 off-street parking spaces shall be provided for every nine employees or one space for every 470 square feet of gross floor area, whichever requires the greater number of spaces, plus one space for each company vehicle normally stored on the premises. All parking shall be screened in accordance with Article VII herein.
(3)
G-3, lumberyard. Such use shall include a lumberyard and may include millworking as an accessory use, provided that:
(a)
Such use shall have a permanent screen of stockade fencing and buffering; and
(b)
Parking: no less than 10 off-street parking spaces shall be provided for every nine employees or one space for every 470 square feet of gross floor area, whichever requires the greater number of spaces, plus one space for each company vehicle normally stored on the premises. All parking shall be screened in accordance with Article VII herein.
(4)
G-4, manufacturing.
(a)
Manufacturing uses shall include but not be limited to the production, processing, cleaning and testing of materials, goods, foodstuffs and products.
(6)
G-6, office research. Such uses shall include a research or testing facility and an experimental laboratory, provided that:
(8)
G-8, trades. Such use shall include a plumbing shop, carpentry shop, electrical shop, cabinet making, furniture making and other similar trades, provided that:
(a)
This use shall not include outside storage.
(9)
G-9, wholesale.
(a)
Wholesale use shall include wholesale storage business, including a farm cooperative within a roofed structure.
(10)
G-10, quarry. Such use shall include extractive operations for sand, clay, shale, gravel, topsoil, stone and similar operations, including borrow pits (excavations for removing material for filling operations), subject to the following provisions:
(a)
There shall be a berm of average height of 15 feet and a maximum height of 50 feet. The slope of the sides of the berm shall not exceed a one-to-one ratio. Berms shall be planted and dusted and erosion control measures shall be taken as may be approved by the U.S. Soil Conservation Service. Plantings and berms shall begin at a point no closer to a street than the ultimate right-of-way. No berm shall be constructed closer than 50 feet to a district in which extraction is not permitted. The Borough may require additional planting pursuant to the standards of Article VII.
(b)
A chain link fence at least six feet in height, surmounted by three strands of barbed wire, shall be required within the setback area at a point no closer than the ultimate right-of-way line to be maintained in a constant state of good repair. Appropriate warning signs shall be mounted or posted along the fence at intervals of not more than 100 feet.
(c)
An adequate internal circulation pattern of streets shall be maintained between the excavation sites and processing areas. Use of public streets shall not be permitted for hauling between extractive and processing areas except where required in connection with such pattern or for access of vehicular traffic originating from or destined to points beyond the limits of such excavation sites and processing areas. Access shall be regulated in accordance with Article VII of this chapter.
(d)
No slope shall be maintained exceeding the normal limiting angle of slippage of the material in which the excavation or extraction is being made. No undercutting shall be permitted within the setback area except for tunnels to provide transportation of materials between extractive and processing areas.
(e)
All operations shall be conducted with sufficient lateral support to be safe with respect to hazard to persons, physical damage to adjacent lands or improvements or damage to any street, sidewalk, parking area or utility by reason of slide, sinking or collapse.
(f)
Stockpiles shall not exceed 100 feet in height and shall not be located closer than 200 feet from any district boundary line nor closer than 300 feet from the center line of any street, except where a railroad is the district boundary line or where the contiguous district is a district in which extraction is permitted. All reasonable precautions shall be taken to prevent any materials or wastes deposited upon any stockpile from being washed, blown or otherwise transferred off the site by normal causes or forces.
(g)
All drainage from the site of extractive operations shall be controlled by dikes, barriers or drainage structures sufficient to prevent any silt, debris or other loose materials from filling any existing drainagecourse or encroaching on streets and adjacent properties.
(h)
No ground vibration caused by blasting or machinery shall exceed the limits established by the State of New Jersey, with the exception that no blasting shall cause a peak particle velocity greater than one inch per second, measured at any property line or at the center line of any street.
(i)
The operation shall not include mixing of rock materials with asphaltic oils or other binders for road-building and construction purposes.
(j)
The operator shall, within six months of the effective date of this chapter, obtain a use and occupancy permit.
(k)
Parking: off-street parking spaces shall be provided as the Borough Council and Planning Board shall determine as adequate to serve customers, employees, visitors and vehicles normally parked on the premises.
(11)
G-11, major renewable energy generating facility. Such use shall be permitted as a conditional use provided it meets the definition of a major renewable energy generating facility, is limited to solar and photovoltaic facilities, and complies with all of the following requirements, which shall be deemed to be conditional use requirements:
[Added 12-6-2011 by Ord. No. 2011-14]
(a)
Site plan required. A site plan shall be submitted for review and approval showing all elements of the proposed facility as required herein and complying with all of the checklist requirements for submission of a site plan.
(b)
Locational/site qualification regulations.
[1]
The site proposed for the facility shall have a minimum lot area of at least 20 acres located entirely within the Conservation Overlay Zone as shown on the Highlands Regional Master Plan Overlay Zone Map and shall otherwise comply with the lot width, lot depth and other dimensional requirements for the applicable municipal zone. All development of the facility shall be confined solely to the Conservation Overlay Zone portion of the site.
[2]
Except pursuant to a permit issued by NJDEP, no portion of such facility shall occupy any area of land designated by the Highlands Council and regulated by the NJDEP as floodplain, flood hazard area, wetlands, wetlands transition area, steep slopes, woodlands or riparian corridor. An applicability determination from the NJDEP shall be provided to document the presence and/or absence of these regulated areas at the time the site plan is submitted. The applicant shall also maintain the minimum required riparian buffer along any C-1 waterway in accordance with the Surface Water Quality Standards rules at N.J.A.C. 7:9B-1.4, even if the riparian buffer area was previously disturbed for agricultural purposes.
[3]
Such facility shall not occupy areas of land designated by the NJDEP as critical habitat for state-threatened and/or endangered species of flora and fauna. Moreover, no land having slopes over 30% shall be occupied by such facilities, and woodlands shall not be clear cut to accommodate such facilities. Any removal of more than 10 trees having a diameter in excess of 12 inches dbh, even by permit, shall require replacement of all but the first 10 trees.
[4]
An applicant seeking approval of a major renewable energy generating facility (solar and photovoltaic only) shall provide documentation and evidence of a firm commitment from the electric utility that the alternative electrical energy to be generated by the solar and photovoltaic energy facilities and structures shall be purchased by the utility provider on a long-term basis that is coincident with the useful life of the facilities and structures to be constructed.
(c)
Bulk/buffering regulations.
[1]
Such facilities shall not occupy any area beyond the required principal building setback lines for the zone in which the facility is to be located except that utility poles for outside connections to the electrical power grid may be placed beyond the required principal building setback lines. A security fence is required around the entire perimeter of the facility. The security fencing shall be located within or at the required principal building setback lines, however, landscaping, buffering and berms may be located beyond the required principal building setback lines.
[2]
Such facilities, excluding any berms, landscaping and buffering, shall occupy an area of the lot no greater than the combined maximum building coverage for principal and accessory structures in the zone.
[3]
The maximum permitted vertical height aboveground for the highest point of any ground-mounted solar and photovoltaic energy panels shall be 10 feet.
[4]
The minimum vegetated visual buffer width for such facilities shall be the greater of 50 feet or the minimum requirement for other uses in the same zone.
[5]
Such facilities shall be screened by topography and/or natural vegetation, supplemented by additional plantings as needed, or by berms and landscaping, from public traveled ways (public roads, trails, navigable waterways, scenic highways and by-ways), publicly owned properties, adjoining residential uses, open space, preserved farms and historic sites and buildings listed in or eligible for listing in the State and/or National Registers of Historic Places. To accomplish this:
[a]
To the extent possible, installations shall be sited behind existing vegetation, supplemented with landscaping, using berms and landscaping only where existing vegetation is nonexistent or sparse.
[b]
To the extent possible, installations shall be sited where natural topography can provide or at least add screening.
[c]
Berms shall be constructed with a width at base of at least 25 feet to allow for proper growth of root structure and to lend a more natural appearance.
[d]
Landscaping shall include an even blend mix of coniferous and deciduous trees and shrubs that are indigenous to the area avoiding invasive species. Such plantings shall be depicted on a plan prepared by a licensed landscape architect. At the time of planting, deciduous trees shall be not less than two inches to 2 1/2 inches DBH (diameter at breast height) and coniferous tress shall be a minimum of eight feet to 10 feet in height or at least five feet higher than the height of the highest solar or photovoltaic panel.
[e]
All ground areas of the property occupied by the facility that are not utilized for access to operate and maintain the installation, for berms and landscaping, or for agricultural uses, or that will remain forested shall be planted and maintained with shade-tolerant grasses for the purpose of soil stabilization. A seed mixture of native, noninvasive shade-tolerant grasses shall be utilized and specified in the landscaping plan. If it can be demonstrated by the applicant that an alternative vegetative ground cover consisting of a seed mix of native, noninvasive plant species and non-native, noninvasive shade-tolerant species is acceptable for soil erosion control and soil stabilization and can be better sustained over the life of the facility, the Board may approve such an alternative to the requirement for native, noninvasive shade-tolerant grass mix. The use of stone, gravel, wood chips or shavings or any artificial material shall not be permitted for soil erosion control and soil stabilization. If land having a slope of greater than 20% is proposed to be disturbed, additional soil erosion and sediment control measures may need to be implemented, and shall be subject to and based upon the recommendations of the Borough Engineer.
[f]
A maintenance plan shall be submitted for approval that provides for the continuing maintenance of all required plantings, including a schedule of specific maintenance activities to be conducted. Maintenance of the required berms and landscaping shall be a continuing condition of any approval that may be granted. The use of herbicides shall not be permitted as an acceptable maintenance practice.
(d)
Installation and site development requirements.
[1]
Only nonglare glass shall be used to minimize the potential for reflective glare.
[2]
No portion of the facility or its component parts shall be used for displaying any advertising. Signage shall be limited to the identification and safety signage set forth elsewhere in this subsection.
[3]
All new transmission and power lines shall be placed underground except as necessary to connect to already existing aboveground transmission towers, poles and lines. Feeder lines and collection lines may be placed overhead near substations or points of interconnection to the electric grid.
[4]
No soil shall be removed from any site upon which such a facility is constructed.
[5]
Land disturbance, grading and the construction of site improvements associated with the installation of such a facility on any lot that has been and will continue to be used for agricultural purposes shall be directed to portions of the lot that contain neither prime agricultural soils or soils of statewide significance. Where land disturbance, grading or the construction of site improvements on such soils is unavoidable, it shall be limited to the minimum intrusion necessary to construct required access roads, inverter and switching equipment pads and other facilities required for connection to the grid.
[6]
Barriers.
[a]
A barrier or fence having a height of at least two feet higher than the highest elevation of the solar panels (unless a greater height is required by law or regulation) shall be installed around the entire perimeter of the installation and entirely within the required building setback lines, which barrier shall:
[b]
One or more locked access gates to the facility shall be provided. Each locked access gate shall include a sign identifying the responsible parties:
[7]
The site plan shall provide for adequate and appropriate drainage facilities, which shall be designed such that site grading and construction shall not alter the natural drainage patterns of stormwater originating both within and beyond the property boundaries, consistent with the Borough's Stormwater Management Ordinance.[2]
[8]
The site plan shall include a construction/staging plan identifying the location, size and configuration of the areas to be used on a temporary basis during construction for the delivery and storage of materials and equipment and for the off-street parking of construction workers' vehicles. The construction/staging plan shall include a plan and timetable for the restoration of these areas upon completion of construction.
(e)
Performance standards.
[1]
Wind velocities. All components of the system shall be designed to withstand a ground-level wind velocity of at least 90 miles per hour, unless a higher standard for wind-loading is specified in the Uniform Construction Code.
[2]
Hazardous materials. The use of lead-acid batteries shall not be permitted in major solar energy systems and facilities, except for such batteries as are needed to store electricity to power emergency lights in the event of a power outage.
[3]
Noise. The total operational mechanical or aerodynamic noise, including turbine, inverter or transmission line noise from the solar energy facility shall not exceed 50 dBA, measured from the nearest property line.
[4]
Lighting. Any facility lighting shall be kept to a minimum and shall be shielded to eliminate light spillage off the property. Light spillage shall be defined as an illumination of 0.3 footcandle (fc) or greater onto any residential property or residential zone district and 1.0 footcandle or greater onto any nonresidential property or nonresidential zone district.
[5]
Facility standards and certification. The facility shall meet the minimum applicable standards established by the International Electrotechnical Commission ("IEC"), the American Society of Heating, Refrigerating, and Air-Conditioning Engineers ("ASHRAE"), the International Organization for Standardization ("ISO"), Underwriters Laboratories ("UL"), the Solar Rating and Certification Corporation ("SRCC"), and any other applicable industry standards. The facility shall also meet the minimum standards outlined in the National Electrical Code (NEC), the National Electrical Safety Code (NESC) and all other applicable rules governing such facilities. The facility shall be certified by Underwriters Laboratories, Inc., the National Renewable Energy Laboratory, the Solar Rating and Certification Corporation and/or any other regulatory authority with jurisdiction over the installation and operation of the facility.
(f)
Safety regulations. All major renewable energy generating facilities (solar and photovoltaic only) and all other solar energy systems installed on commercial, institutional or multifamily residential property in the Borough of Glen Gardner shall comply with the following design, safety and emergency response provisions:
[1]
Individual roof-mounted solar or photovoltaic panel arrays shall not exceed 150 feet by 150 feet in area. Where more than one array of panels is being installed, eight feet of clearance shall be provided between arrays in all directions. The roof supporting such arrays shall be reinforced so as not to cause damage to the roof while maintenance is performed and to ensure the safety of firefighter/EMT access in the event of an emergency. If skylights or roof hatches are also installed in the roof, each skylight or roof hatch shall have a minimum of four feet of clearance in all directions.
[2]
Nonresidential roof installations shall provide ventilation access points in the roof, which shall measure not less than eight feet by four feet, placed at intervals on the roof not more than 20 feet distant from one another, and access to the building shall be provided by means of a reinforced access drive located no further than 50 feet from each exterior door to the building, unless it can be demonstrated to the satisfaction of Glen Gardner Borough's Fire Official that a greater distance is sufficient to allow emergency vehicle access by fire and rescue personnel and also meet applicable fire safety code requirements.
[3]
Ground-mounted facilities shall provide emergency vehicle access to all components and the major renewable energy generating facility (solar and photovoltaic only) shall provide access roads throughout the installation. Each access road shall be not less than 20 feet in width and shall be reinforced or suitably improved to support the weight of typical emergency service apparatus. Turning areas shall be provided and each curve or turn in the access road shall provide an adequate turning radius for maneuvering emergency service apparatus.
[4]
An exterior electrical disconnect/emergency shutoff that will isolate the system shall be provided, which shall be plainly marked with a reflective identification placard. The location of the disconnect/emergency shutoff shall be as recommended by Glen Gardner Borough's Fire Official.
[5]
Each site containing such a facility shall conspicuously post a sign at the driveway entrance to the site indicating that the facility exists on the site and indicating whether the system is a roof- or ground-mounted system.
[6]
Required security fencing and locked gates shall be fully erected and operational prior to the installation of a solar or photovoltaic energy facility. Ground-mounted facilities shall include at least two means of ingress and egress to the facility for emergency response.
[7]
Knox® boxes shall be provided at all locked locations on site (i.e., gates, doors to buildings, etc.). All inverter sheds or other electrical equipment buildings shall be fitted with at least two exterior doors with one twenty-pound CO2 fire extinguisher located immediately inside the door.
[8]
Material safety data sheets (MSDS) shall be submitted to emergency response providers for all component materials comprising the solar modules, panels, arrays and any other equipment which contains hazardous or flammable substances.
[9]
An emergency response plan shall be prepared, filed and maintained with the Glen Gardner Borough's Fire Official. The emergency response plan shall include:
[a]
Emergency response procedures to be followed in the event of an emergency, which may include Fire Company and First Aid and Rescue Squad training, including training prior to commencing operation of the facility.
[b]
Evacuation procedures (from on site and from neighboring properties off site).
[c]
Site-specific information concerning the locations of panels, grid identification diagrams, the emergency shut-off/isolation switch(es), contact names and numbers for 24/7 availability of responsible personnel.
[d]
A system of information placards, which shall be conspicuously mounted at eye level along the security fence and at locked gates as well as at the entrances to all buildings, and which shall be updated within two weeks of any changes to the information contained thereon, including contact information, and which shall include information identifying all possible hazards existing within and exit routes from the facility.
[10]
A two-tag identification (accountability) system for anyone entering the energy facility site shall be in effect, which system shall provide for the following procedures:
[a]
One tag shall be kept in the service vehicle indicating the name of the individual and his/her employer.
[b]
One tag shall be placed at the point of entry to any building or, in the case of a service involving site-roaming, the tag shall be clipped to the point of entry into the site, which shall be the gate nearest to the location where the service is being performed.
[11]
All sites shall secure a street address from the Borough's 911 Coordinator, which shall be posted at the main entrance gate to the facility.
[12]
Prior to the issuance of a certificate of occupancy, Glen Gardner Borough emergency personnel shall be provided access to the facility to generate familiarity with the site conditions and emergency access locations.
(g)
Decommissioning and disassembly.
[1]
All applications for a major renewable energy generating facility (solar and photovoltaic only) shall be accompanied by a decommissioning plan to be implemented upon abandonment or cessation of the use, which decommissioning plan shall provide for the removal of all components of the facility/system from the site and the full restoration of the site to its predevelopment condition. The decommissioning plan shall be subject to review and approval by the Board as part of its review of the site plan.
[2]
As a condition of final approval of the site plan application and prior to the issuance of any construction or electrical permits, the owner or operator of the facility and the landowner shall post a performance bond with the Borough of Glen Gardner to ensure removal of the facility in accordance with the decommissioning plan. The amount of the performance bond shall be estimated in detail by the applicant and approved by the Borough Engineer. The form of the bond shall be approved by the Borough Attorney.
[3]
The bond shall not be subject to revocation or reduction prior to the completion of the work covered by the demolition permit and the full restoration of the site to its predevelopment condition. The owner/operator and/or landowner, whoever is the bondholder, shall submit an annual certification to the Borough Attorney, Zoning Officer and Borough Engineer as to the status of the bond and as to the adequacy of the amount of the performance bond to cover the full cost of the decommissioning and restoration work intended to be covered by the bond. If deemed necessary by the Borough Engineer, notice shall be given to the owner by the Borough Attorney that the amount of the performance bond shall be increased and of the amount by which it shall be increased. Proof that the bond has been increased as required shall be provided to the Borough Attorney, Zoning Officer and Borough Engineer within 60 days of such notification.
[4]
Solar and photovoltaic energy facilities and structures (roof- or ground-mounted) that have not been in active and continuous service for a period of one year shall be deemed abandoned and shall be required to be removed from the property to a place of safe and legal disposal in accordance with the approved decommissioning plan.
[5]
Should operation of the facility cease for a period of one year, the Borough shall notify the landowner and owner/operator of the facility of the pending determination of abandonment and order proof of the resumption of energy generation to at least 80% of the facility's capacity or removal of the facilities in accordance with the approved decommissioning plan, subject to the issuance of a demolition permit. Should the initial construction of the facility begin but fail to be completed within 180 days of the receipt of the last permit necessary to begin construction, the Borough shall notify the landowner and owner/operator of the facility of the pending determination of abandonment and order either the completion of the construction and installation of the facility or removal of the facilities in accordance with the approved decommissioning plan. In either case, if the landowner and/or operator should fail to comply with the Borough's order within 180 days of receipt of the notice, then the Borough may call the bond.
[6]
Disassembly and removal of any portion of the facility shall require an application for a demolition permit, which shall be submitted to the Zoning Officer and Construction Code Official with a copy to the Glen Gardner Borough Engineer for review prior to its issuance, and such disassembly and removal shall be undertaken only as directed by an electrician duly licensed by the State of New Jersey.
[7]
The application for the demolition permit shall provide for the protection of public health and safety and for protection of the environment and natural resources during both the removal and site restoration stages and shall include the schedule for the completion of all site restoration work in accordance with the decommissioning plan.
[8]
If the performance bond described above, plus any supplemental funding that may have been provided by the owner/operator, is insufficient to fully implement the decommissioning plan or if the owner/operator fails to fully satisfy the obligations described herein, then the landowner shall be held responsible for any and all costs associated with the decommissioning to the extent that such costs are not covered by the performance bond and any supplementary funds provided by the owner/operator, if applicable.
H.
Accessory uses.
(1)
H-1, accessory building. Such use shall include an accessory building or structure or uses customarily incidental to uses permitted in the PRO, CO and I/OR Districts, provided that:
(2)
H-2, boarding. Boarding shall include the keeping of not more than two roomers, boarders or lodgers as an accessory use within the principal structure for a B-1 use and shall be permitted, provided that:
(a)
The use of an existing building for boarding shall be permitted, subject to the following regulations:
[1]
Applications shall be filed with the municipal Zoning Officer.
[2]
The application shall consist of a written request and the following information:
[a]
Four photographs of the house, one showing each side of the building;
[b]
Sketch plan of the lot showing width and depth of the lot, size and location of all structures, including any accessory buildings such as garages and storage sheds;
[c]
A statement indicating the number of proposed dwelling units and occupancy capacity, the room size of each, type of unit, the total building floor area per occupant and open yard space per occupant; and
[d]
Sketch plan of each floor in which dwelling units will be located showing the dimensions of each dwelling unit.
(b)
Any dwelling converted shall be occupied in part by the owner or his or her agent.
(c)
No additional rooms shall be constructed for this purpose.
(d)
No separate cooking facilities or dwellings shall be created.
(3)
H-3, dwelling in combination with a business. One apartment accessory to a primary commercial, office or industrial use shall include an owner-occupied apartment located to the rear of or over a business, provided that the regulations governing residential conversion shall be met.
(4)
H-4, home occupation. This use shall include all home businesses, provided that:
(a)
The home occupation shall be accessory to a residential use and carried on wholly indoors and within a dwelling or other structure accessory thereto and shall be clearly incidental and subordinate to its use for residential purposes by its occupants.
(b)
There shall be no use of show windows, display or advertising visible outside the premises, except as provided for signs in Article VII herein.
(c)
There shall be no exterior storage of materials or parking of commercial vehicles.
(d)
In no way shall the appearance of the residential structure be altered or the occupation within the residences be conducted in a manner which would cause the premises to differ from the residential character by the use of colors, materials, construction, lighting, show windows or advertising visible outside the premises to attract customers or clients, other than an identification sign not exceeding two square feet, notwithstanding any other provisions of this chapter.
(e)
No articles shall be sold or offered for sale except such as may be produced on the premises.
(f)
Servicing by commercial vehicles for supplies and materials in excess of two trucks per week shall not be permitted.
(g)
The home occupation shall be carried on only by inhabitants of dwelling and not more than three additional employees.
(h)
The floor area devoted to a home occupation shall not be more than 25% of the ground floor area of the principal residential structure or 500 square feet, whichever is less.
(i)
The use shall not include the following: animal hospital; commercial stable and kennel; funeral parlor and undertaking establishment; restaurant; rooming, boarding and lodging house; and clinic or hospital.
(j)
No equipment or process shall be used in such employment or occupation which creates discernible noise, vibration, glare, fumes, odors or electrical interference at the property line and no equipment or process shall be used which creates visual or audible interference in any radio or television receiver off the lot or causes fluctuations in line voltage off the lot.
(k)
A permit is required from the Planning Board, after a hearing with required notice and publication.
(l)
Accessory buildings used for a home occupation use must have been in existence prior to the adoption of this chapter.
(m)
Parking: no more than three additional off-street parking spaces shall be provided in addition to those required for normal residential use. Such parking shall be provided on the lot of the residence.
(5)
H-5, outside storage.
(a)
Outside storage, other than storage as a primary use of the land, necessary but incidental to the normal operation of a primary use, subject to the following additional provisions:
[1]
No part of the street right-of-way, no sidewalks or other areas intended or designed for pedestrian use, no required parking areas and no part of the required front yard shall be occupied by outside storage;
[2]
Outside storage areas shall occupy an area of less than 1/2 of the existing building coverage; and
[3]
Outside storage areas shall be shielded from view from the public streets.
(b)
Uses requiring more substantial amounts of land area for storage, such as any nursery (use A-3), automotive sales (E-2) and lumberyards (G-3), may be exempt from the provisions of Subsection H(5)(a)[1] and
[1]
For these and other similar uses, no more than 25% of the lot area shall be used for outside storage. Among the uses that shall not be considered appropriate for inclusion under this provision are: retail shop (E-10), repair shop (E-8), automobile repair (E-1), wholesale (G-9), contracting (G-2) and trades (G-8).
(c)
The storage of tractor-trailers, panel trucks, vans and similar vehicles which supply or service establishments in nonresidential districts shall be permitted, provided that such vehicles shall be used by the establishment in the normal conduct of their business.
(6)
H-6, residential accessory structure. Such use shall include a residential accessory structure or use, including but not limited to:
(a)
Parking spaces for the parking of passenger automobiles; parking of commercial vehicles not exceeding one ton loading capacity within a completely enclosed building.
(b)
Structures such as fences and walls with a maximum height of seven feet.
(c)
Buildings such as storage sheds, bathhouses, and private greenhouses, provided that they meet the following requirements: All structures with floor area of up to 200 square feet shall be set back five feet from any property line, and structures with a floor area of 200 to 500 square feet shall be set back 12 feet from any property line. Accessory structures over 500 square feet in floor area shall meet the setback requirement of the applicable district. A residential accessory structure shall be limited to a height of one story or 18 feet, whichever is greater.
[Amended 11-18-1997 by Ord. No. 97-10; 4-17-2001 by Ord. No. 2001-4]
(d)
No more than one facility for domestic servants or caretakers employed on the premises and for occasional gratuitous guests.
(e)
Excluding swimming pools, no more than three residential accessory structures are permitted on a residential lot.
[Added 10-7-2003 by Ord. No. 2003-9]
(f)
Excluding swimming pools, the total area of all residential accessory structures shall not exceed 1,000 square feet.
[Added 10-7-2003 by Ord. No. 2003-9]
(g)
Chicken shelters. Chickens permitted to be maintained on residential property under this § 104-23 shall be kept in accordance with the following standards:
[Added 4-17-2019 by Ord. No. 2019-03]
[1]
A roofed shelter/coop providing a minimum of two square feet per adult bird, with an attached fenced chicken run that provides a minimum of four square feet per adult bird.
[2]
Chicken shelters/coops and runs shall be located in the rear or side yard of the property and meet the required accessory structure guidelines. Moreover, the entirety of any chicken coop and run shall be placed closer to the dwelling on the lot in question than to the dwelling(s) on any adjoining lot(s). In no case shall any chicken coop or run be located within 25 feet of any dwelling on an adjoining lot.
[3]
All chickens shall be kept in the chicken shelter/coop or attached fenced run at all times and the free ranging of chickens shall be prohibited.
[4]
The fence surrounding the chicken run shall be securely constructed with a wire or mesh type of material.
[5]
The fenced chicken run shall be well drained so that there is no accumulation of moisture. The floors and walls of the chicken shelter/coop shall be kept in a clean and sanitary condition, with all droppings collected at least weekly. Droppings shall be kept in a covered container until composted, applied as fertilizer or transported off-premises.
[6]
All chicken feed shall be kept in a secure covered container.
[7]
All chickens shall have sufficient protection from predators.
[8]
A diagram shall be submitted with the zoning application showing the dimensions and construction details of the proposed chicken coop structure and the location whereof in the subject property.
[9]
The Zoning Officer, or the New Jersey Department of Agriculture, shall have the right to periodically inspect the premises to ascertain compliance with the terms of this section and all other rules and regulations pertaining to poultry promulgated by the Department of Agriculture.
(7)
H-7, swimming pool. A swimming pool shall be permitted as an accessory to a residential use, provided that:
(a)
Swimming pools, in general:
[1]
No person, owner or occupant of land shall install or maintain a swimming pool or other artificial body of water capable of being filled to a depth exceeding 18 inches at the deepest or lowest point unless a permit is first obtained from the local enforcement officer and the required plans and information are filed, together with required permit fees. Ornamental pools and wading pools which do not exceed 18 inches in depth are exempt from these provisions.
[2]
With respect to permanent swimming pools, the building area restrictions as set forth for the pertinent zoning districts in this chapter shall apply, and, in addition thereto, each such pool or water area shall be located not less than 15 feet back from the front building setback line and not closer than 10 feet to property lines.
[3]
Building permits are required prior to the construction, alteration, remodeling or additions to a swimming pool or other artificial water areas not specifically exempt from this chapter.
[4]
No person, owner or occupant of land shall install or maintain a nonexempt wading pool as defined in this chapter unless a permit is obtained from the local enforcement officer and written approval obtained upon inspection and subject to the discretion of the inspecting officer, except as hereinafter provided.
(b)
Any pool or water area subject thereto shall be suitably designed, located and maintained so as not to become a nuisance or hazard either to adjoining property owners or the public generally. All detachable ladders shall be removed when the pool is not in use.
(c)
Outdoor lighting, if used, shall be installed in such a way as to be shielded and not to reflect toward or into the interior of adjacent residential properties.
(d)
All electrical work connected with the pool and all equipment incidental thereto shall comply with all underwriters' regulations and must be inspected and certified by an electrical underwriter's inspection agency prior to the issuance of a certificate of compliance. In no event may said pool be used prior to such approval.
(e)
If pools are connected to any water, sewer or public utility line, there must be installed a separate valve controlling such line, both as to supply and drainage, and a permit must be obtained prior to installation from the agency furnishing such utility service. A minimum isolation distance of 25 feet shall be required between a swimming pool and any sewage disposal system.
(f)
Approved filtration systems and circulators must be provided for all pools except such exempt or nonexempt wading pools as are emptied on a daily basis as hereinafter provided.
(g)
All pool installations shall conform to all applicable building codes.
(h)
In no case shall water in the pool or pool area be permitted to emit an offensive odor or create any unhealthful condition. Further, it shall be a violation of this chapter to cause or allow drainage onto adjoining land, public or private; provided, however, that the Building Officer may issue a permit for drainage into storm sewers at his or her discretion.
(i)
No pool shall be located under any electric power lines (including service lines), and the pool must be located at least 10 feet (measured horizontally) from such power lines.
(j)
No water shall be placed in the pool until a fence, as required by this chapter, has been completed.
(k)
Fencing of pools.
[1]
Permanent swimming pools, above or below grade, must be completely enclosed with a minimum four-foot-high chain link, stockade, picket (not exceeding three-inch spacing), solid wooden fence, building wall or such other material as may be acceptable, at the discretion of the Building Inspector, to carry out the intent of this chapter.
[2]
Swimming pools equipped with surrounding elevated walkways that are at least four feet above the ground need not be fenced if the construction is such that it prevents access to the water by small children and ladders or steps from the ground are removed or the pool is made inaccessible, when not attended.
(8)
H-8, temporary structures and vehicles. Such use shall include a temporary structure, vehicle or use. A temporary permit may be issued for structures or uses necessary during construction or other special circumstances of a nonrecurring nature, subject to the following additional provisions:
(a)
The time period of the initial permit shall be six months. This permit may be renewed for three-month time periods, subject to the limitations specified in Article VII.
(b)
Temporary nonconforming structures or uses shall be subject to authorization by the Zoning Officer or governing body.
(c)
Such structure or use shall be removed completely within 30 days of the expiration of the permit without cost to the municipality.
(d)
Campers, recreational vehicles and boats shall be stored on the premises by the occupant of the premises only, and then only behind the front line of the house.
(e)
Tractor-trailers shall not be permitted to be parked on the street in residential districts.
(9)
H-9, minor renewable energy generating facility. Such use shall meet the definition of a minor renewable energy generating facility, in addition to complying with the following requirements applicable to the type of facility proposed:
[Added 12-6-2011 by Ord. No. 2011-14]
(a)
For passive and active solar and photovoltaic facilities:
[1]
Such uses shall be permitted as accessory uses to the permitted principal and other accessory uses on the lot and shall not involve the production of power for off-premises consumption nor shall such uses 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.
[2]
A zoning permit shall be required for the installation of roof-mounted solar panels in all cases. Site plan approval shall also be required for all ground-mounted solar energy facilities, except that ground-mounted solar energy facilities on single- and two-family residential lots and farms that meet the requirements of this subsection shall not require site plan approval.
[3]
Roof-mounted solar panels may be attached to either a principal or an accessory building. When attached on a pitched roof, such panels shall be no more than one foot higher, measured vertically, than the surface of the roof to which such panels are attached and no part of the solar energy system shall extend beyond the highest peak of the roof to which they are attached nor shall any part of the system exceed the maximum permitted height for the building. When attached on a flat roof, such panels shall be no more than six feet higher, measured vertically, than the surface of the roof to which such panels are attached and no part of the solar energy system shall exceed the maximum permitted height for the building.
[4]
Ground-mounted solar panels and solar energy systems, except where located on single- and two-family residential lots and farms, shall be enclosed by fencing for security purposes.
[5]
Ground-mounted solar panels and solar energy systems, where permitted, shall not be located between the principal building and the street and shall not be located in any minimum required side or rear yard. All ground-mounted solar panels and solar energy systems shall be screened from view from adjacent properties and streets with a year-round vegetative screen, buildings and/or solid fencing, unless the Board determines that there is sufficient distance or sufficient natural screening from vegetation and/or topography to mitigate any potential visual impact to obviate further screening measures.
[6]
Ground-mounted solar panels and solar energy systems shall not exceed 10 feet in height nor shall they occupy more than 5% of the area of the lot they occupy. Ground-mounted solar energy systems shall be excluded from the calculation of the lot (impervious) coverage if mounted on a lawn or vegetated area.
[7]
To the extent reasonably possible, solar energy systems shall be designed using colors and materials that will blend with their settings and avoid visual blight.
[8]
Solar energy systems shall not be used for the display of advertising, except for reasonable manufacturer/operator identification, provided such identification is not visible from a property line.
[9]
The total operational mechanical or aerodynamic noise, including turbine, inverter or transmission line noise from the solar energy system shall not exceed 50 dBA, measured from the nearest property line.
[10]
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.
[a]
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.
[b]
If said decommissioning has not been completed within the requisite six-month period, then the Borough'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.
[c]
If the decommissioning has not been completed within 30 days of the receipt of said notice, the Borough 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 attorney's fees, or take appropriate legal action to compel the decommissioning. All costs incurred by the Borough shall be billed to the landowner and, if not paid within 60 days of billing, shall become a lien against the property.
[11]
All solar energy systems installed on commercial, institutional or multifamily residential property in Glen Gardner Borough shall comply with the safety regulations set forth in § 104-23G(11).
[12]
Solar energy systems located on qualified commercial farms shall be limited to a maximum of 10 acres of land or, alternatively, a production rating not exceeding two megawatts (2 MW) of electricity, at peak output, provided that the acreage devoted to the solar energy system does not exceed a ratio of one acre of solar energy system to five acres of farmland or approximately 17% of the farmland acreage.
[13]
Solar energy systems located on preserved farms shall be limited to a maximum of 1% of the acreage of the preserved farm dedicated to the production of energy or, alternatively, shall generate no more than 110% of the previous year's electrical energy demand.
(b)
For small wind energy systems:
[1]
Such uses shall be permitted as accessory uses to the permitted principal and other accessory uses on a commercial or residential lot provided they shall not involve the production of power for off-premises consumption nor shall such uses constitute the principal use of the lot. This prohibition shall not be interpreted to preclude the occasional sale of excess power from a small wind energy system back to the public electric utility provider.
[2]
Where permitted as an accessory use to a permitted residential or commercial use, such systems shall be limited to roof-mounted wind energy systems, and the maximum height of all components shall not exceed 45 feet measured vertically from the ground elevation to the highest point of the system or 10 feet over the maximum height of the building to which such system is attached, whichever is less.
[3]
Ground-mounted small wind energy systems shall be permitted as accessory uses only to qualified commercial agricultural uses or preserved farms, subject to all of the following requirements:
[a]
A wind tower for a small wind energy system shall be set back from all property lines a distance of at least 150% of the total height of the wind energy system and shall be set back from any buildings and overhead utility easements located on the property a distance equal to 110% of the total height of the small wind energy system.
[b]
A wind tower shall have a maximum tower height no greater than 120 feet. To the extent that this height limit precludes the effective use of a small wind energy system on a particular site, such system shall not be deemed to be a permitted accessory use in the zone, nor shall such use be considered a permitted principal use.
[c]
All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access. The wind tower shall be designed and installed so that the first eight feet above the ground has no step bolts, no ladder, and no other means for climbing the tower.
[d]
A small wind energy system shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration.
[e]
The wind generator and the wind tower shall remain painted or finished in the color or finish that was originally applied by the manufacturer.
[f]
There shall be no signs posted on a small wind generator system or any associated building that will be visible from any public road except for the manufacturer's or installer's identification, appropriate warning signs, or owner identification.
[g]
Small wind energy systems that connect to the public electric utility system shall comply with the New Jersey's Net Metering and Interconnection Standards for Class I Renewable Energy Systems at N.J.A.C. 14:4-9.
[h]
Meteorological or met towers shall be permitted under the same standards, permit requirements, restoration requirements and permit procedures as small wind energy systems.
[i]
For wind speeds in the range of zero miles per hour to 25 miles per hour, the noise level generated by any small wind energy system, measured at the nearest property line, shall not exceed 55 dB(A) at night nor 65 dB(A) during the day, per applicable state noise regulations.
[j]
A zoning permit shall be obtained from the Borough Zoning Officer confirming that all requirements of this subsection will be met prior to the issuance of applicable construction permit(s), but site plan approval shall not be required. The application for a zoning permit shall include all of the following information:
[i]
A survey plan indicating property lines and physical dimensions of the property;
[ii]
A survey plan indicating location, dimensions, and existing structures on the property;
[iii]
A plan indicating the proposed location and dimensions of the proposed wind tower;
[iv]
A plan indicating the locations of any overhead utility easements on the property; and
[v]
Proposed small wind energy system specifications, including manufacturer and model, rotor diameter, system height, tower height and tower type (freestanding or guyed).
[k]
Termination of the principal agricultural use of the lot shall terminate the rights to the accessory use and shall require immediate removal of the small wind energy system as provided in Subsection H(9)(b)[4] below.
[l]
Small wind energy systems located on qualified commercial farms shall be limited to a maximum of 10 acres of land or, alternatively, a production rating not exceeding two megawatts (2 MG) of electricity, provided that the acreage devoted to the small wind energy system does not exceed a ratio of one acre of small wind energy system to five acres of farmland or approximately 17% of the farmland acreage.
[m]
Small wind energy systems located on preserved farms shall be limited to a maximum of 1% of the acreage of the preserved farm dedicated to the production of energy or, alternatively, shall generate no more than 110% of the previous year's electrical energy demand.
[4]
Any small wind energy system that has been out of service for a continuous twelve-month period shall be deemed to have been abandoned and shall be completely removed from the premises within three months of such abandonment; areas from which small wind energy systems have been removed shall be restored to a preinstallation state. The owner of the land occupied by the small wind energy system (whether ground- or roof-mounted) shall be responsible for such removal.
[a]
The Zoning Officer may issue a notice of abandonment to the landowner for a small wind energy system that is deemed to have been abandoned. The notice shall be sent return receipt requested.
[b]
The landowner shall have the right to respond to the notice of abandonment within 30 days of receipt.
[c]
If the landowner provides information to the Zoning Officer within the requisite thirty-day response period that demonstrates that the small wind energy system has not been abandoned, the Zoning Officer shall withdraw the notice of abandonment and notify the owner that the notice has been withdrawn.
[d]
If the Zoning Officer determines that the small wind energy system has been abandoned, the landowner of the small wind energy system shall remove all wind generators, the wind tower, if applicable, and all other equipment associated with the small wind energy system at the landowner's sole expense within three months after receipt of the notice of abandonment, and the area of the site that contained such equipment shall be restored to a preinstallation state.
I.
Cannabis uses.
[Added 6-16-2021 by Ord. No. 2021-07]
(1)
All classes of cannabis establishments or cannabis distributors or cannabis delivery services as said terms are defined in Section 3 of P.L. 2021, c. 16, excepting the delivery of cannabis items and related supplies by a delivery service be and hereby are prohibited in all districts.