Green Township City Zoning Code
ARTICLE XIX
Conditional Uses
§ 30-82.1 General Provisions.
[1979 Code § 64-129; Ord. No. 2017-02]
Pursuant to P.L. 1975, c. 291, the Planning Board may grant conditional uses wherever herein permitted in this Article. Application for a conditional use shall be made in accordance with the procedures set forth in Article IX for preliminary subdivision plat approval, and the Planning Board shall act on the application in accordance with the procedures for preliminary subdivision plat approval. Application for a conditional use shall be granted unless the same will be detrimental to the health, safety and general welfare of the community, is not likely to involve unusual risks of traffic safety or traffic congestion and is reasonably necessary for the convenience of the community. Requirements for conditional uses provided for in this chapter shall be as follows.
§ 30-82.2 Public Garages and Motor Vehicle Service Stations.
[1979 Code § 64-130; Ord. No. 2017-02]
a.
The lot or parcel of land shall meet the minimum lot size for its zone district.
b.
The walls of the building or structure are set back at least 25 feet from every property line and at least 40 feet from a street line.
c.
The nearest boundary line of the lot or parcel of land to be used is at least 300 feet from any boundary line of property which is used as or upon which is located any of the following:
1.
A public or private school.
2.
A church or other place of worship.
3.
A hospital.
4.
A public building.
5.
A theater, which shall include a drive-in theater, opera house or other building or structure used or intended to be used for motion-picture, theatrical or operatic productions or for public entertainment.
6.
A public playground or civic center.
7.
A firehouse or fire station.
d.
The nearest boundary line of the lot or parcel of land to be used is at least 300 feet on either the same or opposite side of the street from any residential district boundary line.
e.
Gasoline pumps and other apparatus shall be located as to permit safe and convenient traffic circulation. Every gasoline or oil tank, pump, or other device, appliance or apparatus shall be located at least 25 feet from a street right-of-way line, at least 50 feet from a residential zone boundary and at least 25 feet from any property line.
f.
No part of any automotive service station operation or paved area shall be conducted within 25 feet of a residential zone boundary. A six-foot high solid fence shall be installed along any residential zone boundary.
g.
All paved areas within the property shall be at least 10 feet from a property line or a street right-of-way line and bounded by concrete or granite block curbing at least six inches above the surface.
h.
Curbing shall be installed in the street right-of-way in accordance with Township specifications.
i.
Entrance and exit driveways shall be at least 30 feet in width. There shall be a safety zone between driveways of at least 25 feet, and driveways shall be at least 10 feet from adjoining property lines.
j.
Corner lots shall have a curb radius of at least 25 feet, and driveway entrances shall start at least 20 feet from the radius tangent points.
k.
There shall be no outdoor storage of supplies, materials or automobile parts, whether for sale, storage or waste.
l.
Repair work, other than incidental minor repair, shall take place within the building, and all repair or service apparatus shall be located within the building.
m.
Floor drains shall not be connected to any sanitary sewer system or storm drain.
n.
All storage tanks shall be installed below ground level. Where the possibility of contamination of underground water resources exists, the Board may require ample precautions against leakage and seepage.
§ 30-82.3 Churches and Places of Worship, Public and Private Schools. [1]
[1979 Code § 64-131; Ord. No. 2017-02]
b.
There shall be a minimum lot area of five acres, measured within 600 feet of the front street right-of-way.
c.
All buildings shall be located at least 100 feet from a street or residential district property line, at least 25 feet from a side property line and 100 feet from a rear property line.
d.
Any property so used shall front on an arterial or collector street.
e.
Off-street parking shall be provided in accordance with § 30-17.1b. All parking areas and driveways shall be located at least 25 feet from a street or property line and at least 10 feet from a building.
f.
There shall be a minimum distance between buildings of 25 feet, but not less than the height of the shorter building.
[1]
Editor's Note: The phrase "and hospitals" was deleted from the title of this section 5-20-2019 by Ord. No. 2019-03.
§ 30-82.4 Public Utility Buildings and Facilities.
§ 30-82.5 Commercial Recreation Facilities.
[1979 Code § 64-133; Ord. No. 10-97 § 85; Ord. No. 2017-02]
a.
There shall be a minimum lot area of 25 acres.
b.
Any permanent structure or facility shall be located at least 200 feet from the property line. Within this 200-foot setback not less than 100 feet shall be planted as an effective screen to mitigate the impacts including but not limited to noise, lighting and traffic of such a facility from adjacent land uses.
d.
Any property so used shall front on an arterial or collector street.
§ 30-82.6 Cemeteries.
[1979 Code § 64-134; Ord. No. 16-95 § 1; Ord. No. 2017-02]
a.
The lot or parcel of land shall have a minimum area of 10 acres.
b.
The lot shall be located on an arterial or collector street.
c.
No graves in cemeteries to be established after the effective date hereof shall be located within 50 feet of a property line nor within 100 feet of a potable water supply source.
§ 30-82.7 Commercial Greenhouses and Nurseries.
[1979 Code § 64-135; Ord. No. 2017-02]
a.
The lot or parcel of land so to be used shall have an area of at least five acres.
b.
The lot shall be located on an arterial or collector street.
c.
The maximum height and minimum yard requirements of the zone district shall be complied with.
d.
There shall be a minimum distance between buildings equal to the height of either building, but in no event less than 10 feet.
e.
All parking and sales operations shall be conducted at least 25 feet from all property lines.
§ 30-82.8 Private and Commercial Aircraft Landing Areas.
[1979 Code § 64-136; Ord. No. 6-86; Ord. No. 16-95; Ord. No. 2017-02]
a.
Such facilities shall be limited to non-jet-propelled aircraft.
b.
Such facilities may include only those uses customarily incident and subordinate to the operation of aircraft landing areas, except that restaurants or luncheonettes may be permitted in conjunction with an airport or aircraft landing area.
c.
Except for control towers, no building or structure shall exceed the height limit of the zone district.
d.
Any such facility shall be regulated by the Federal Aviation Administration.
e.
Landing areas and buildings shall meet all the yard requirements of the zone district, but in no event less than required by the Federal Aviation Administration.
f.
All regulations set forth in N.J.A.C. 16:62, regarding land uses and vertical obstructions within runway subzones and runway end subzones of designated airport safety zones shall be met.
g.
The expansion or extension of an airport runway shall not occur unless the additional airport safety zone created by the expansion or extension of the runway is wholly owned by the owner of the airport.
h.
The provisions of N.J.A.C. 16:62, et seq., relating to airport safety zones are herewith incorporated into the provisions of this Article by reference and any construction, development or land use occurring within the Township of Green shall comply therewith.
If any development or land uses are or appear to be affected by the provisions of N.J.A.C. 16:62, et seq., the applicant for such development or land use shall be required to demonstrate, to the satisfaction of whichever land use board is administering any such application, by field survey or other appropriate means, whether or not, and to what extent, the proposed development or land use will be affected by the provisions of N.J.A.C. 16:62.
§ 30-82.9 Offices for Professional Persons in a Residence.
[1979 Code § 64-137; Ord. No. 2017-02]
a.
The subject property shall meet the minimum lot size requirement of its zone district, and the average lot depth measured from all streets shall not be less than 125 feet.
b.
Professional persons shall reside on the premises.
c.
The office or studio may be located on the main floor or in the basement of the dwelling only.
d.
Not more than 500 square feet of floor area shall be devoted to such use and, if located on the main floor, not more than 1/3 of the floor area of the main floor shall be devoted to such use.
e.
Not more than one person not a resident in the dwelling shall be employed in the office or studio.
f.
In addition to off-street parking required for the dwelling, there shall be provided at least one off-street parking space for each 150 square feet of floor area devoted to office or studio use.
g.
Off-street parking areas shall be located at least five feet from a building, 10 feet from an adjoining property, 10 feet from a street right-of-way line and at least 25 feet from the point of intersection of any two street right-of-way lines.
h.
There shall be no outdoor storage or display of any kind in connection with the use.
§ 30-82.10 Radio, Television and Communications Transmitting Stations.
[1979 Code § 64-138; Ord. No. 6-86; Ord. No. 2017-02]
a.
The lot or parcel of land shall meet the minimum lot size and yard requirements of its zone district; provided, however, that no yard shall be less than the height of the structure.
b.
No building shall exceed the height limit for its zone district. A radio, television or communications tower shall not exceed a height of 100 feet, except where located in, and subject to the regulations of N.J.A.C. 16:62, pertaining to runway subzones and runway end subzones of airport hazard areas.
c.
Any tower shall be enclosed with security fencing at least six feet in height.
§ 30-82.11 Wireless Communications Towers.
[Ord. No. 04-11 § 2; Ord. No. 2017-02]
Wherever permitted in this chapter, wireless communications towers and facilities shall conform to the following requirements:
a.
Purpose. The purposes of this subsection regulating wireless communications facilities are as follows:
1.
To create the opportunity to locate state-of-the-art wireless telecommunications facilities in areas where, in the opinion of the Township, there will be no appreciable impact on the character of the community or perception of personal safety hazard or with Township residents' reasonable expectation of personal safety in their homes;
2.
To provide for the establishment of universal and reliable wireless communications services and service opportunities within the Township of Green and within the areas surrounding Green Township;
3.
To limit the location of such facilities to areas which are acceptable to communications companies wishing to provide services to ensure that competition is fostered among local wireless service providers;
4.
To insure that opportunities for economic development are created;
5.
To ensure that local government benefits from services by telecommunications providers;
6.
To encourage the location of towers in specific areas within the Township;
7.
To minimize the total number of towers constructed within the Township;
8.
To encourage the joint use of new and existing tower sites among telecommunications providers;
9.
To minimize visual impact of towers;
10.
To enhance the ability to telecommunications providers to provide such services to the community quickly, effectively and efficiently;
11.
To exempt noncommercial amateur radio antennas and structures which attend private residences from the provisions hereof.
b.
Exemptions. This subsection shall not govern any tower or the installation of any antenna that is 40 feet or less in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas.
c.
Site Plan Submission and Approval Requirements. Any applicant proposing a wireless communications tower must file conditional use and site plan applications with the Planning Board and obtain site plan and other requisite Board approvals in accordance with the provisions of § 30-17.2, Site Plans-Design Standards. In addition to the requirements in § 30-17.2, the following information must also be shown or provided:
1.
Capacity of Tower. Documentation by a qualified expert regarding the capacity of the proposed tower for the number and type of antennas proposed and reserve locations for future co-location.
2.
Structural Integrity. Documentation by a qualified expert that any proposed tower will have sufficient structural integrity to support the proposed antennas and the anticipated future collocated antennas in all anticipated wind and/or ice loading conditions and that the structural standards developed for antennas by the Electronic Industries Association (EIA) and/or the Telecommunication Industry Association (TIA) have been met.
3.
Letter of Intent Regarding Co-location. A letter of intent by the applicant, in a form acceptable to the Township Committee, indicating that the applicant will share the use of any tower with other approved cellular or other wireless communications services. Additionally, the applicant shall make available to subsequent co-locators, any space in the applicant's existing equipment building, or if no additional space is available to address the needs of the proposed co-locator, the applicant shall make available a portion of the site for construction of an additional equipment building for the use of the proposed co-locator.
4.
Visual Sight Distance Analysis. A visual sight distance analysis graphically simulating the appearance of any proposed tower and indicating the view from at least five locations around and within one mile of the proposed tower where the tower will be most visible.
5.
Overall Comprehensive Plan. An overall comprehensive plan indicating how the applicant intends to provide full service throughout the Township and, to the greatest extent possible, how its plan to provide full service specifically relates to and is coordinated with the needs of all other providers of cellular communication services within the Township of Green. Specifically, the plan shall indicate the following:
(a)
How the proposed antenna relates to the location of any existing towers within the Township of Green or within the area surrounding Green Township which is part of the communications service grid area which includes Green Township.
(b)
How the proposed location relates to the anticipated need for additional antennas and supporting towers within and near the Township of Green by the applicant and by other providers of cellular communications services within the Township.
(c)
How the proposed location relates to the object of allocating the antennas of additional and different providers of cellular or other forms of wireless communication services on the same tower.
(d)
How the proposed location relates to the overall objective of providing full cellular or other wireless or other forms of wireless communication services within the Township of Green while, at the same time, limiting the number of towers to the fewest possible.
(e)
Documentation of attempts to find an existing tower site within or near Green Township on which to co-locate its facilities with another wireless communications provider or to find other existing structures on which it is feasible, from an engineering point of view, to locate antennas.
(f)
A radio frequency (RF) emissions report from a qualified expert detailing latent site emissions.
6.
The applicant shall protect and preserve, by deed restriction or lease agreement for the life of the tower, which shall be subject to the approval of the Township Attorney, all existing, proposed and/or required buffers, subject to reasonable construction easements to facilitate completion of all proposed improvements.
d.
Locational Priorities. Wireless communications facilities shall be located in accordance with priorities listed below. Prior to the Township approving a new tower it shall be required that the applicant demonstrate that he has investigated all higher priority locations and document why higher priority sites cannot be utilized.
1.
Priority 1. Antennas shall be placed upon existing towers or other structures on property owned, leased or otherwise controlled by the Township of Green, provided a license or lease authorizing such antenna or tower has been approved by the Township. The decision to extend such lease shall be vested solely with the Township and shall be subject to the bidding requirements of the Local Public Contracts Law.
2.
Priority 2. New antennas or towers shall be located on property owned, leased or otherwise controlled by the Township of Green, provided a license or lease authorizing such antenna or tower has been approved by the Township. The decision to extend such lease shall be vested solely with the Township and shall be subject to the bidding requirements of the Local Public Contracts Law.
3.
Priority 3. Antennas shall be placed upon existing towers or other structures located within the Township.
4.
Priority 4. Antennas shall be placed upon electrical transmission towers.
5.
Priority 5. Antennas or towers shall be located on a new tower within the Township in a permitted zone.
e.
Co-location Policy.
1.
Any applicant who is permitted by Green Township to construct a new wireless communications tower within the Township shall be required, as a condition of approval, to provide a Letter of Intent regarding colocation, indicating the applicant's willingness to provide space to subsequent co-locators.
2.
In order to minimize the number of wireless communications towers within the Township while still achieving the wireless communications service goals of the applicant, it shall be required that the applicant, prior to the construction of a new tower or the placement of antennas on existing structures, pursue a co-location agreement with another wireless communications tower owner. If unsuccessful in securing a co-location agreement with the owner of an existing wireless communications tower, the applicant shall demonstrate, with specificity and documentary evidence, the efforts made to achieve co-location, the results of those efforts and the reasons for the applicant's inability to do so. In the event of the inability of an applicant to establish its wireless communications facilities co-located with the existing facilities of an already established wireless communications provider, the next co-location priority shall be location of the proposed wireless communications facilities on an existing electric transmission tower. Thereafter, such antennas shall be established on [The third priority shall be location of the facilities] other existing structures. Prior to the Township approving a new tower, the applicant shall also be required to demonstrate the reasons for the inability to locate antennas on existing electric transmission towers or other existing structures.
f.
Bulk and Use Requirements.
1.
Principal or Accessory Use. Antennas and towers may be either principal or accessory uses on the lots where they are to be erected. Notwithstanding any other Township land use regulation, an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. If a tower and its appurtenant structures constitute the sole use of the lot, the tower shall be deemed to be the principal use. If a tower and its appurtenant structures are not the sole use of the lot, the tower shall be deemed an accessory use.
2.
Maximum Height of Towers. The maximum permitted height of a tower is 140 feet except that the height may extend to 198 feet if more than one set of commercial transmitting/receiving antennas are collocated. The measured height of a tower includes the antennas and any other appurtenances.
3.
Fencing/Security. All towers shall be designed with anti-climbing devices in order to prevent unauthorized access. Additionally, any tower supporting cellular or other wireless tower antennas and any building enclosing related electronic equipment shall be surrounded by a fence between six feet and eight feet high excluding barbed wire. The fence shall be bordered by a double stepped row of evergreen conifer trees of at least eight feet tall at the time of planting and shall be planted 10 feet on center.
4.
Equipment Shelters. All electronic equipment shelter buildings or structures established in support of a new site to be devoted to wireless communications facilities shall be limited to an area of 600 square feet. In the event that the use of the site becomes shared with a colocating wireless communications provider, there shall be permitted a maximum increase in overall area of existing electronic equipment shelter building of 200 square feet for each such subsequent co-locating wireless communications provider. Any proposed building related to electronic equipment shall not be more than 15 feet in height and only one such building shall be permitted on the lot for each provider of communication services located on the site. Equipment buildings shall be located a minimum of 15 feet from the base of the structure and shall be appropriately landscaped to minimize visual impacts on neighboring properties.
5.
Antennas on Existing Structures. Equipment or antennas placed on existing structures shall extend no higher than 75 feet above the structure, shall not exceed the overall height limitations in Subsection f2, shall not extend beyond the sides of the existing structure by more than five feet and shall not violate the setback requirements for the zone.
6.
Antennas on Existing Towers. Antennas may be placed on existing towers subject to the following:
(a)
A tower which is modified or reconstructed to accommodate the co-location of an additional antenna shall be of the same type as the existing tower, unless the Green Township Planning Board allows reconstruction as another type of structure.
(b)
An existing tower may be modified or rebuilt to a taller height, not to exceed the maximum tower height established by this ordinance.
(c)
The height change referred to above may only occur one time per such additional user of the tower, up to a maximum of three times per tower.
(d)
A tower which is rebuilt to accommodate the co-location of an additional antenna may be moved onsite within 50 feet of its existing location, providing setback requirements are not violated or further violated.
(e)
After the tower is rebuilt to accommodate co-location, only one tower may remain on site.
7.
Minimum Lot Area. The required minimum lot area shall be two acres. The dimensions of the entire lot shall control the determination of whether the parcel meets the area requirement even though the antenna or tower may be located on leased premises consisting of less than the entire parcel. All zone district development regulations shall be complied with, including but not limited to setback requirements, lot coverage requirements, and other such requirements.
8.
Setbacks. Setbacks from all property lines shall meet the most restrictive requirements of the zone district in which the site is located or the height of the structure, whichever is greater. Where the tower site is located on leased portion of a larger tract, the remainder of the tract shall, as a condition of site plan approval for the tower, be deed restricted to require that any buildings or structures erected on the remainder of the tract be located to maintain a minimum setback distance from the tower equal to or greater than the height of the tower.
9.
Minimum Distance to Existing Residential and Nonresidential Structures. The minimum distance from a wireless communications tower to any principal structure shall be 300% of the height of the tower or 600 feet, whichever is greater. The minimum distance to a non-residential structure shall be 120% of the height of the tower.
10.
Minimum Distance to Another Tower. The minimum distance of a new tower to another wireless communications tower shall be 5,280 feet.
g.
Design Standards. The site plan shall conform to the design standards in § 30-17.2. In addition to the requirements of § 30-17.2, the following standards must also be met.
1.
Aesthetics. Towers and antennas shall, at the discretion of the Township Planning Board, meet the following requirements:
(a)
Towers shall either maintain a galvanized steel finish subject to any applicable standards of the FAA or the Township Planning Board, or be painted a neutral color so as to reduce visual obtrusiveness.
(b)
At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening and landscaping that will blend them into the natural setting and surrounding buildings, and shall be located behind existing structures, buildings or terrain features which will shield the buildings and related structures from view.
(c)
If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be at a neutral visual ratio that is identical to, or closely comparable with, the color of the supporting structures so as to make the antenna and related equipment as visually unobtrusive as possible.
2.
Lighting. No lighting shall be permitted except as follows, which shall be subject to review and approval of the appropriate land use board as part of the site plan applications.
(a)
A building enclosing electronic equipment may have one light at the entrance to the building provided the light is attached to the building, is focused downward and is switched so that the light is turned on only when workers are at the building.
(b)
No lighting is permitted on a tower except lighting specifically required by the FAA.
(c)
Any such required lighting shall be focused and shielded to the greatest extent possible so as not to project toward adjacent and nearby properties.
3.
State and Federal Requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC and any other State or Federal agency with the authority to regulate such uses and, when such [raised] standards and regulations are changed, then the owners of the towers and antennas governed by this subsection shall bring such towers and antennas into compliance with such revised standards within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling State or Federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the immediate removal of the tower or antenna at the owner's expense.
4.
Building Codes. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable State or local building codes and the applicable standards for towers that are published by the Electronic Industries Association/Telecommunications Industries Association (EIA/TIA) 222 Revision F Standard, entitled "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures" as it may be updated or amended. If, upon inspection, the Township of Green concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 calendar days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said 30 calendar days shall constitute grounds for the immediate removal of the tower or antenna by the owner/lessee or by the Township at the owner's expense.
5.
Signs. No signs shall be allowed on an antenna or tower except as may be required by the FAA of FCC or as required or permitted by the Planning Board. No signs shall be permitted on the equipment building except to display owner contacts, warning, safety information, etc. and shall be limited to two square feet in area.
6.
Parking. Minimal off-street parking shall be permitted as needed and approved by the Planning Board..
7.
Interference with Public Safety Communications. No cellular or other wireless antenna and/or its related electronic equipment shall interfere with any public safety communications.
8.
Noise. Noise emanating from the site shall not exceed the limits set forth in all applicable ordinances, codes, statutes and regulations.
9.
Generators. Any generator located on site shall be enclosed within a portion of the electronic equipment building. Any fuel storage shall be done in compliance with Federal and State regulations and shall be limited to fuel stored within the primary fuel tank provided by the manufacturer of the generator. No auxiliary or supplementary fuel storage shall be permitted.
10.
Maintenance. Wireless telecommunications antennas and towers shall be maintained to assure their continued structural integrity. The owner of the tower or antenna shall also perform such other maintenance of the structure and of the site as to assure that it does not create a visual nuisance.
11.
Utilities. All utilities, such as electrical and telephone lines serving the wireless telecommunications facility shall be established underground and no overhead utility lines shall be permitted.
h.
Facility Abandonment. Commercial wireless communications antennas and equipment, including towers, which have not been in use for commercial wireless communications purposes for a period of six consecutive months shall be removed by the property owner. Additionally, all equipment buildings, related facilities, fencing, utility connections and access driveways shall be removed and the site restored to its predevelopment condition. This removal shall occur within 60 days of the end of such six-month period. Upon removal, the site shall be cleared and restored. Any and all costs of removal shall be the sole responsibility of the property owner. In order to ensure compliance with these requirements, the owner shall provide a performance bond and/or other assurances satisfactory to the appropriate land use board and the Township Committee to cover the cost of removal of the antennas, the supporting tower, the auxiliary building enclosing related electronic equipment and any other related improvements to the land which are required to be removed. The amount of the performance guaranty shall be 120% of the estimated cost of removal and shall be subject to the approval of the Township Engineer. Failure to remove an abandoned tower or antenna shall entitle the Township to remove same at the owner's expense.
§ 30-82.12 Residences in the NC and RB Districts.
[Ord. No. 2011-05 § 5; Ord. No. 2017-02]
Wherever permitted conditionally in this chapter, residences shall conform to the following provisions:
a.
Lots where the principal use is residential must contain a minimum of five acres.
b.
Lots where the principal use is a permitted commercial use may have an accessory residential structure on a minimum of five acres that is separate from the commercial use on the property. The primary commercial use must be on a minimum of five acres, for a combined total of 10 acres for the lot.
c.
Lots should be configured in such a manner to facilitate the potential future conversion thereof to a permitted principal u se from the perspectives of: suitable driveway access, adequate sight distance, adequate on-site circulation and available area for off-street parking.
§ 30-82.13 Outdoor Dining.
[Ord. No. 2011-05 § 5; Ord. No. 2017-02]
Wherever permitted conditionally in this chapter, outdoor dining shall conform to the following provisions:
a.
Such use shall be clearly ancillary to the permitted principal use located upon the same lot. The ratio of outdoor seating to indoor seating (within principal use upon the lot) shall be no greater than 1:4 (25%).
b.
Total of indoor and outdoor seating area is used to determine seating requirements per § 30-17.2m1, Parking and Loading Space Requirements.
c.
All such outdoor dining facilities shall be located in the rear yard or side yards of the property, no outdoor dining may occur in the front of the principal building on the lot. Additionally, any outdoors dining in a side yard must be located at least double the minimum required side yard setback for the principal building located upon the lot from the side property line.
d.
All outdoor dining facilities shall be unenclosed by walls. Outdoor dining areas may have a roof in the nature of a covered porch. Under no circumstances should an outdoor dining area consist of floor, roof and walls so as to create a permanent dining area.
e.
Such use shall be screened from view from adjoining properties devoted to residential uses. Such screening shall include fencing, landscaping, decorative latticework or other architectural construction.
f.
Such use shall be buffered from view from the frontage street. Corner lots shall be considered to have frontage on two or more streets.
g.
There shall be no amplified music or sounds utilized in conjunction with the outdoor dining use.
h.
The hours of operation of the outdoor dining use shall be limited to 8:00 a.m. to 11:00 p.m.
i.
Lighting shall be subdued such that there is adequate light to protect the public health yet the emission of fugitive light shall not extend beyond any residential district property line.
§ 30-82.14 Outdoor Sales/Displays.
[Ord. No. 2011-05 § 5; Ord. No. 2017-02]
Wherever permitted conditionally in this chapter, outdoor sales or displays shall conform to the following provisions:
a.
All articles, materials, goods or stock-in-trade displayed outside the confines of the building shall be exemplary of such goods within the principal permitted use upon the lot.
b.
All such storage shall be located within 10 feet of the front facade of the building and no closer to a side yard than the minimum required side yard setback for the principal building located upon the lot. Additional outdoor sales/displays shall be permitted in the rear yard no closer to a side yard than the minimum required side yard setback for the principal located upon the lot.
c.
Outdoor sales/displays shall not diminish available parking area in violation of § 30-17.2m1, Parking and Loading Space Requirements.
d.
Outdoor sales/displays are permitted to be in place one hour before and one hour after normal hours of operation. Such outdoor sales/displays shall be moved indoors before and after this time and outdoor sales/displays shall not remain outdoors overnight. This provision does not apply to farmers markets and agricultural retail establishments where such goods are permitted to be stored outdoors.
§ 30-82.15 Banks.
[Ord. No. 2011-05 § 5; Ord. No. 2017-02]
Wherever permitted conditionally in this chapter, banks shall conform to the following provisions:
a.
Shall have a minimum front yard setback of 100 feet; a minimum rear yard setback of 100 feet; and minimum side yard setbacks of 50 feet.
b.
Drive-up windows shall be designed and located such that the drive-up window is located at the side or rear of the principal structure. Access to any such drive-up window shall not create the potential for conflicts with customer parking and circulation of those not utilizing the drive-up facilities.
c.
Drive-up window facilities shall provide an additional by-pass lane to allow circulation around the site without using designated drive-up lanes.
§ 30-82.16 Small Wind Energy System.
[Ord. No. 2011-03 § 10; Ord. No. 2017-02]
Wherever permitted conditionally in this chapter, small wind energy systems shall conform to the following provisions:
a.
No wind turbine shall be affixed to or mounted on any roof.
b.
Only one wind turbine system shall be permitted on any individual lot.
c.
The total energy output of the wind turbine shall not exceed 110% of the energy needs of the principal structure located upon the same lot, based upon the average electric utility usage over the three-year period immediately prior to the application for conditional use approval.
d.
The wind turbine shall be located in the rear yard of the lot, only.
e.
The maximum height of the wind turbine, including the height of the blades at their highest point in their arc, shall not exceed 100 feet. Provided, however, that the wind turbine shall not have a height greater than that which is reasonably necessary as determined by the approving authority or as recommended by the manufacturer, whichever results in a lesser height, in order to function as designed.
f.
Setbacks of the wind turbine structure to all property lines shall meet the requirements for principle structures or one 110% of the tower, whichever is greater.
g.
In order to provide for a margin of safety on account of potential blade failure and cast off of ice accretion on the blades, the minimum distance of a wind turbine to any principal structure (other than the principal structure located upon the same lot) shall be three 300% of the height of the tower.
h.
The minimum distance from the wind turbine to any accessory structure (other than the accessory structure located upon the same lot) shall be 120% of the height of the tower.
i.
Sound levels generated from the wind turbine shall not exceed 55 dBA at any adjoining property line and 50 dBA at the nearest occupied structure on any adjoining property.
j.
The materials, colors and textures of the wind turbine system shall be such as to minimize the visual impacts (i.e. neutral colors or galvanized finish).
k.
Wind turbine systems shall not be artificially illuminated.
l.
All ground-mounted electrical control equipment shall be enclosed to prevent unauthorized access and cables shall be run within conduits to the structure serviced.
m.
No tower upon which a wind energy system is installed shall provide any step bolts, ladder o other means of readily accessible climbing of the tower for a minimum height of eight feet above prevailing ground level.
n.
All towers shall be self-supported, free standing and shall not be supported by any cables or guy wires.
§ 30-82.17 Wind and Solar Production Systems.
[Ord. No. 04-11 § 2; Ord. No. 2011-07 § 10; Ord. No. 2017-02]
Wherever permitted conditionally in this chapter, wind and solar production systems shall conform to the following provisions:
a.
Purpose. The purpose of this subsection regulating wind and solar production systems are as follows:
1.
The primary purpose of the subsection is to provide regulations for the construction and operation of commercial wind and solar facilities in the township, subject to reasonable restrictions, which will preserve the public health and safety. For the purposes of this subsection, energy generation shall be limited to 10 megawatts (MW) so that in no event a commercial system is generating energy on the scale of a public utility. However, this provision in no way is meant to prohibit the generation and sale of electricity to public utilities for profit.
b.
Objectives. The objectives of this subsection regulating wind and solar production systems are as follows:
1.
Protect residential areas and land uses from the potential adverse quality of life impacts of wind and solar production systems;
2.
Encourage the location of wind and solar production systems on disturbed areas, municipal property, and nonresidential areas or along major transportation corridors;
3.
Appropriately manage the total number of commercial solar and wind throughout the community;
4.
Encourage the location of wind and solar production systems in areas where the adverse quality of life impact is minimized;
5.
Encourage the location of wind and solar productions systems in a way that minimizes their adverse visual impact through careful design, siting, landscaping, screening, and innovative camouflaging;
6.
Enhance the ability of the providers of commercial wind and solar energy to provide such services to the community effectively, and efficiently.
c.
Site Plan Submission and Approval Requirements. Any applicant proposing a wind and/or solar production system must file conditional use and site plan applications with the Planning Board and obtain site plan and other requisite Board approvals in accordance with the provisions of § 30-17.2, the following information must also be shown.
1.
Capacity. Documentation by a qualified expert regarding the capacity of the production system for the number and type of solar panels or wind turbines proposed and reserve locations for future locations.
2.
Structural Integrity. Documentation by a qualified expert that any proposed wind turbine will have sufficient structural integrity to support the blade and anticipated wind conditions and/or ice conditions.
3.
Visual Sight Distance Analysis. A visual sight distance analysis graphically simulating the appearance of any proposed tower and indicating the view from at least five locations around and within one mile of the proposed tower where the tower will be most visible.
4.
Exemption from Visual Sight Distance Analysis. A proposal for a solar production system may be exempt from submitting a visual sight distance analysis if no variances are sought.
d.
Wind Production Systems - Bulk and Use Requirements.
1.
Wind turbines for wind production systems are permitted as a conditional use in AR-5/2 and AI-10 zoning districts.
(b)
All moving parts of the large wind turbine energy system shall be a minimum of 30 feet above ground level.
(c)
Minimum setbacks: The minimum setback distance between each wind turbine and all surrounding property lines, overhead utility or transmission lines, other wind turbines, electrical substations, meteorological towers, public roads and dwellings shall be equal to 1.5 times the height of the structure, including the height of the blades at its highest point. Turbines shall be exempt from other wind turbines setbacks if the adjacent property contains a wind turbine from the same project or the adjacent property is a participant in the project through a land lease.
(d)
Wind turbines shall not be permitted as a rooftop installation.
(e)
No system may generate in excess of 10 megawatts (MW).
e.
Solar Production Systems - Bulk and Use Requirements.
1.
Ground-mounted solar arrays for solar production systems are permitted as a conditional use in the AR-5/2 and AI-10 zoning districts.
(a)
In order to minimize the removal of forest siting priority is for land that has been cleared for at least five years prior to the proposal.
(b)
In any event, a lot shall not have more than 20% of the lot cleared for ground-mounted solar production systems.
(c)
The minimum lot size must equal at least six acres per every megawatt (MW) of electrical energy produced.
(d)
Area of solar array: no more than 80% of a lot may be devoted to a ground mounted solar production system.
(e)
Minimum setback: all ground mounted solar production systems shall be set back a distance of 75 feet from all property lines.
(f)
Ground-mounted solar arrays shall not exceed a height of 15 feet.
(g)
Ground-mounted arrays shall not contribute to impervious surface calculations, unless installed above an impervious surface.
(h)
No system may generate in excess of 10 megawatts (MW).
f.
Noise. All wind and solar production systems shall comply with the following.
g.
Design Standards. The site plan shall conform to the design standards in § 30-17.2. In addition to the requirements of § 30-17.2, the following standards must be met.
1.
Both Wind and Solar Production System Standards.
(a)
Facilities and associated equipment shall not be used for displaying any advertising except for reasonable identification of the manufacture or operator of the system. In no case shall any identification be visible from a property line.
(b)
Facilities and associated equipment shall not significantly impair a scenic vista or scenic corridor as identified in the Township's Master Plan or other published source.
(c)
Wire, cables and transmission lines running between the facility and any other structure shall be installed underground.
(d)
Careful design should be taken when siting access roads in order to minimize lot coverage and the distance from public roads.
(e)
Facilities shall use pervious materials for access roads such as gravel to minimize stormwater runoff.
(f)
All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.
(g)
Facilities shall conform to the National Electric Code as adopted by the NJ Department of Community Affairs.
(h)
Facilities are subject to all local electrical company requirements for interconnection.
2.
Wind Production Systems Standards.
(a)
Wind turbines shall be designed with an automatic brake or other similar device to prevent over-speeding and excessive pressure on the tower structure.
(b)
Wind turbines shall be designed and installed so as not to provide step bolts, a ladder, or other publicly accessible means of climbing the tower, for a minimum height of 15 above the ground.
(c)
Wind energy systems shall not be artificially lit, except to the extent required by the FAA or other applicable authority.
(d)
The blades on the wind energy system shall be constructed of a corrosive resistant material.
(e)
Wind turbines shall be self - supported, free standing and shall not be supported by any cables or guy wires.
(f)
Systems shall, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend the facility into the natural setting and existing environment.
(g)
The natural grade of the lot shall not be changed to increase the elevation of any wind turbine.
(h)
Wind turbines shall be set back at least 500 feet from critical species habitats (level 3 to 5) as identified by the most recent landscape project data and at least 500 feet from State-identified wetlands. These distances may be adjusted to be greater or lesser at the discretion of the reviewing body, based on topography, land cover, land uses and other factors that influence the level of disturbance.
3.
Solar Production System Standards.
(a)
All commercial solar energy systems shall be screened from view of all public streets by buildings and/or a fifty-foot buffer of dense evergreen plant material and/or fences as deemed necessary by the board to achieve the intended buffer.
(b)
Ground mounted solar systems should include a landscape plan indicating the seed mix to be used as ground cover beneath the solar arrays. An ideal seed mix should consist of 100% native non-invasive species that are low maintenance and promotes/aid the local wildlife.
h.
Facility Abandonment. Wind and Solar production systems and associated equipment, which have not been in use for commercial production and sale for a period of six consecutive months, shall be removed by the property owner. Additionally, all equipment buildings, related facilities, fencing, utility connections and access driveways shall be removed and the site restored to its predevelopment condition. This removal shall occur within 60 days of the end of such six-month period. Upon removal, the site shall be cleared and restored. Any and all costs of removal shall be the sole responsibility of the property owner. In order to ensure compliance with these requirements, the owner shall provide a performance bond and/or other assurances satisfactory to the appropriate land use board and the Township committee to cover the cost of removal of the facility, associated equipment and any other related improvements to the land which are required to be removed. The amount of the performance guarantee shall be 120% of the estimated cost of removal and shall be subject to the approval of the Township Engineer. Failure to remove an abandoned wind or solar facility shall entitle the Township to remove same at the owner's expense.[1]
[1]
Editor's Note: Former Subsection 30-82.18, Medical Marijuana Growing, Production and Manufacturing in the AI-10 Zone Only, added 7-15-2019 by Ord. No. 2019-10, which immediately followed this subsection, was repealed 4-19-2021 by Ord. No. 2021-09.