Greenwich Cumberland
City Zoning Code
City Zoning Code
ARTICLE VIII
SPECIAL STANDARDS AND REQUIREMENTS
§ 26-9.1 Cluster Developments.
[Res. 1-24-79; Ord. No. 2000-3]
In the R-1 Residence District only, cluster developments, as defined in this ordinance, may be established subject to the following provisions:
a.
Each individual lot of a cluster plan may be reduced to a minimum area of one-half acre, but only when soil studies made by the Soil Conservation District and soil borings made by a licensed professional engineer during the months of February or March disclose a depth of at least seven feet to ground water.
b.
Easements or covenants to the Township of Greenwich restricting undeveloped land which is set aside as part of a cluster development shall be recorded in the chain of title of the land as a condition of approval of the cluster development Any land on the site not contained in the cluster lots shall be so restricted from development.
c.
The gross dwelling unit density for the total project site area shall adhere to the Schedule of District Regulations for gross unit density and the remaining land area of the parcel left undeveloped shall be placed under deed restriction, easement or covenant to lawfully restrict its development.
d.
Yard requirements, building and accessory use requirements for individual cluster plan lots shall be the same as those specified on the Schedule of District Regulations for R-1 districts. Each cluster lot shall share at least one common lot line with another cluster lot.
e.
The land area to be subdivided for any cluster plan development shall involve the creation of at least four cluster plan lots for development.
§ 26-9.2 Earth Extraction Regulations.
[Res. 1-24-79]
Earth extraction operations may be established in R-A residential agricultural districts only as a conditional use requiring site plan review and approval in accordance with the following standards and requirements and in accordance with other applicable Township ordinances:
a.
In addition to complying with applicable provisions of the Greenwich Township Subdivision and Site Plan Review Ordinance, the site plan for any prospective earth extraction uses shall show the area to be excavated; depth of proposed excavations; setbacks from roads, highways and property lines; and detailed topographic information showing existing and future surface drainage patterns. Information accompanying the plans shall stipulate the period of time during which the operation will continue, the type of equipment to be used (including delivery vehicles), the daily hours of operation, and measures proposed for avoiding safety hazards, wind erosion, excessive noise and other nuisance characteristics.
b.
A certificate of occupancy, as required by subsection 26-10.7, shall not be issued for any earth extraction operation until authorized by the Planning Board. In addition, the continuing validity of such certificate shall depend upon continuing compliance with the following standards and requirements, as well as any special conditions attached by the Planning Board where unusual circumstances exist:
1.
The operation of the earth extraction use shall be conducted in such a manner as to obviate excessive dust and noise. The operator shall maintain haulage roads, situated within 1,000 feet of any dwelling, in a dust-free condition, providing such surfacing or other treatment recommended by the Planning Board.
2.
Excavations or stockpiled material shall not be located closer than 200 feet to any district in which earth extraction uses are not permitted; nor closer than 150 feet to the boundary line of an adjoining property or any existing street or road.
3.
No pit shall be excavated to a water-producing depth. Soil borings shall be made by a licensed New Jersey engineer to determine the distance to seasonal high water. Such borings shall be made between January 15 and April 15.
4.
Any tract of land to be used for earth extraction operations shall be at least 125 acres in size, unless it is contiguous to lands already used by an active earth extraction operation, in which case the coordination of restoration plans between the new and existing uses will be required.
5.
Proof of legal right of access to earth sites must be shown where no frontage on a public road or highway exists and access routes shall not pass through existing residential areas.
6.
Sufficient topsoil shall be stockpiled during the operation to recover all excavated areas to a depth naturally found on undisturbed neighboring land.
7.
Provision for protective fencing or earthen berms shall be required, depending on the nature of the operation, distance from developed areas, depth of pits and slope of pit walls.
8.
Before any certificate of occupancy or license is issued for an earth extraction use, the owner or operator shall file with the Township Clerk a performance bond issued by an insurance company authorized to do business in the State of New Jersey or a certified check in the amount of $750 per acre for each acre licensed to be used for earth extraction. Such bond or other security shall be accompanied by an agreement signed by the applicant and landowner, if a different person, granting the municipality the right of access to make inspections to assure compliance during periods of operation and to perform all necessary rehabilitation of bonded property in the event of forfeiture of the bond. In the event of default, forfeiture shall be made by the Planning ;Board after public hearing on not less than five days written notice mailed to the principal and surety at their last known post office addresses, which notice shall be complete upon mailing. The bond or other security may be released upon satisfactory restoration of the complete project area or portions of the security may be released as proportional stages of restoration are accomplished on determination of the Planning Board in accordance with the above listed operating standards and the following restoration standards:
(a)
Pits are not subject to spasmodic standing water and spoil banks shall be left with a slope ratio not exceeding one foot vertical to three feet horizontal. All slopes and other excavated areas shall be graded, covered with topsoil, fertilized, mulched and reseeded so as to establish a firm cover of grass or other vegetation sufficient to prevent erosion, or in the case of formerly wooded areas, replanted in accordance with a planting scheme arranged in conjunction with the State Forester.
(b)
Depressions shall not be left below surrounding ground level unless property is graded to prevent temporary collection of surface water. All surface drainage shall be controlled to prevent any silt or other debris from flowing over adjacent properties or public roads. All provisions to control natural drainage shall meet with the approval of the Township Engineer.
9.
Any engineering or legal expenses incurred in insuring compliance with the above requirements shall be borne by the applicant. All applications shall be accompanied by a fee of $300 to be used by the Township to defray the cost of professional service in the review of plans for excavation and rehabilitation. In the event the initial fee is not adequate for such purpose, an additional sum shall be provided by the applicant. In the event the total fee submitted is not required, any portion remaining at the time of issuance of the certificate of occupancy shall be returned to the applicant.
§ 26-9.3 (Reserved) [1]
[1]
Editor's Note: Former subsection 26-9.3, Gasoline Stations and Repair Garages, was repealed by Ord. No. 2000-3.
§ 26-9.4 Historic Conservation District Regulations.
[Res. 1-24-79, Ord. August 1983, Ord. No. 2014-18; amended 10-15-2019 by Ord. No. 46-2019]
The following procedures, regulations and standards shall apply in the case of any application to construct, alter, relocate or demolish any building, landmark, place, improvement or structure within the Historic Conservation District as shown on the Zoning Map or other designated historic properties in the Township of Greenwich.
a.
Objectives. It is the intent of these regulations to:
1.
Safeguard the heritage of the historic village and other designated historic properties in the Township of Greenwich and to promote a sound, long-range economic asset by preserving a substantial part of the community which best reflects elements of its cultural, social economic and architectural history.
2.
Preserve the historic fabric of the district to avoid to the greatest extent possible attrition of the physical historic materials that constitute the essence of the district's historic significance.
3.
Stabilize and improve property values.
4.
Foster civic beauty.
5.
Promote the use of significant historic areas and structures for the education, pleasure and welfare of both the citizens of Greenwich Township and its visitors, and to offer design and historic research assistance to all historic building owners whether in or out of the defined and delineated historic district.
b.
Historic Building Review. A Certificate of Appropriateness, issued by the Zoning Officer after consultation with the Class A or Class B member of the Historic Preservation Commission, shall be required, subject to the exceptions described in paragraph b.2 below, for any of the following, or in the event no building permit is required, before any work can commence on any of the following activities involving a building, landmark, place, improvement or structure within the Historic Conservation District or other designated historic properties in the Township of Greenwich.
1.
Actions Requiring Review.
(a)
Demolition of any building, landmark, place, improvement or structure;
(b)
Relocation of any building, landmark, place, improvement or structure;
(c)
Change in the exterior appearance of any building, landmark, place, improvement or structure by addition, alteration, maintenance, reconstruction, rehabilitation, repair, replacement or restoration, which change is visible on the exterior of the building or structure.
(d)
Any new construction of a principal or accessory structure.
(e)
Changes in existing walls, fences, porches, railings, steps, signs or construction of any walls, fences, porches, railing, steps or signs, if visible on the exterior of a building or structure.
2.
Actions Not Requiring Review.
(a)
Changes to the interiors of structures;
(b)
Repair, or exact replacement of any existing improvement provided that the work does not alter the exterior appearance of the structure. In the event, however, that previous noncontributing or disharmonious repair work is being replaced, such repair or replacement is permitted only if the repair or replacement returns the structure to its original condition to the extent practicable. The following are some of the activities which are permitted as repairs:
(1)
Repairs of existing windows and doors and the installation of the storm doors and windows that do not change their material, design, scale, or appearance.
(2)
Maintenance and repair of existing roofing materials involving no change in the material, design, scale or appearance of the structure;
(3)
Structural repairs which do not alter the exterior appearance of the structure.
(4)
Replacement of existing weatherboards, shingles, or other siding with identical material;
(5)
Maintenance and repair of existing weatherboards, shingles or other siding (including masonry) involving no change in the material, design, scale or appearance of the structure; and
(6)
Exterior painting of existing structures.
3.
Emergency Repairs. When a structure or improvement requires immediate repair to preserve the continued habitability of the structure and/or health and safety of its occupants or others, emergency repairs may be performed in accordance with the New Jersey Building Code, without first obtaining a Certificate of Appropriateness. Under such circumstances, the repairs performed shall be only such as are necessary to protect the health and safety of the occupants of the structure, or others, and/or to maintain the habitability of the structure. A request for the Planning and Zoning Board's review shall be made simultaneously with the onset of emergency work, and no work in addition to the emergency repairs shall be performed on the structure until an appropriate request for approval is made and approval is obtained in accordance with procedures set forth in subsection 26-9.4. All work done under this paragraph b.3 shall conform to the criteria set forth in this subsection 26-9.4.
4.
Informal Review of Minor Applications and Concept Plan for Proposed Undertakings:
(a)
At the request of applicants considering action that may require Planning and Zoning Board review, the Commission shall grant an informal review of a concept plan for the proposed undertaking. Neither the applicant nor the Planning and Zoning Board shall be bound by any informal review.
c.
Procedure. Any application to construct, reconstruct, move, demolish or substantially alter any building or structure in the Historic Conservation District shall require a zoning permit and be subject to the following procedures:
1.
All applications for Certificates of Appropriateness other than for those exceptions listed in subsection 26-9.4b.2 above shall be accompanied by a plot sketch and architectural building plans including elevations. The application procedure is as follows:
(a)
The application shall be submitted at least 15 days in advance of a regularly scheduled meeting of the Planning and Zoning Board;
(b)
Prior to the meeting, the application shall be reviewed for completeness and historic appropriateness by the Class A or B Member of the Historic Preservation Commission.
(c)
If the application is deemed incomplete, the applicant shall be so informed at the regularly scheduled meeting. If the application has been deemed complete, the Class A or B Member shall present his review for historic appropriateness to the Planning and Zoning Board.
(d)
The Planning and Zoning Board shall vote on the historic appropriateness of the application.
(e)
If the application is deemed appropriate with respect to historic review by the Planning and Zoning Board, a Certificate of Appropriateness shall be issued within a period of 30 days.
(f)
If the appropriateness of the proposed work is denied, the Planning and Zoning Board shall make recommendations for revising the application. If the applicant concurs in recommendations made by the Planning Board and agrees to incorporate the Board's suggestions, he may alter his plans accordingly, after which a Certificate of Appropriateness shall be issued within a period of 30 days.
(g)
Once a Certificate of Appropriateness has been issued, a building permit can be issued for work requiring one, or work not requiring a building permit can proceed.
d.
Standards. In reviewing plans, the Planning and Zoning Board shall give consideration to the following:
1.
Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure or site and its environment, or to use a property for its originally intended purpose.
2.
The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.
3.
All building, structure, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged.
4.
Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected.
5.
Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity.
6.
Deteriorated architectural features shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical or pictorial evidence rather than on conjectural designs for the availability of different architectural elements from other buildings or structures.
7.
The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken when reasonably avoidable.
8.
Every reasonable effort shall be made to protect and preserve archeological resources affected by, or adjacent to any project.
9.
Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, and such design is compatible with the size, scale, color, material, and character of the property, neighborhood or environment.
10.
Where possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the structure should be unimpaired, and such additions and alterations, when practicable should be located so as not to be visible from the front of the building.
11.
The Planning and Zoning Board may also give consideration and be guided in reaching its decisions by such expert advice as it may seek and by the most current version of the Secretary of the Interior's Standards for the Treatment of Historic Properties and by the Department of the Interior's Energy Conservation and Solar Energy for Historic Building Guidelines for Appropriate Designs.
e.
Building Demolition or Removal. It shall be a function of the Planning and Zoning Board to consider the appropriateness and ways and means of avoiding removal or demolition of historically important buildings or structures located within the Historic Conservation District. Applications for demolition or removal of buildings erected more than 50 years from the date of application shall be referred to the Planning and Zoning Board and the Board shall have a period of up to 90 days to confer with the applicant, interested public or quasi-public agencies, as well as other interested officials or individuals to conduct a cooperative effort to ascertain how the Township may preserve the building and/or premises. The Board is encouraged to carry out negotiations with either public or private agencies or groups that might lead to feasible plans for preservation of structures where moving or demolition thereof would constitute a loss to the public or the Township. In the event a building having historical significance is to be moved to another site within the Township, plans for relocation shall be reviewed by the Board and suggestions or comments made for its protection during the moving process and for resiting at its new location. Such recommendations shall be made in writing and shall either be discussed with the applicant or forwarded to him prior to the issuance of a moving permit. The relocated building shall comply with area, width and yard requirements of the zone to which the building is moved. In the event a building is moved outside the established Historic Conservation District, the regulations of the Historic Conservation District shall continue to apply to the building.
f.
Buildings Outside the Historic Conservation District. Any building and/or premises of historical significance or architecture interest that is 50 years old or older within the Township but outside the established Historic Conservation District, upon application of the owner for the period of his lifetime, or so long as he shall own or control said property, whereby in consideration of receiving the protection and historical benefits of the Historic Conservation District the owner agrees to accept and place his home and/or premises under the rules and regulations of the Historic Conservation District.
g.
Application Review; Certificate of Appropriateness; Escrow. It is determined that Historic District applications shall be reviewed by a member of the Land Use Board certified to apply the Secretary of Interior Standards for treatment of historic properties to determine if the application is a Tier-1 Application or a Tier-2 Application as more fully described below. Specifically:
[Added 10-15-2019 by Ord. No. 46-2019]
1.
The escrow fee for a Tier-1 Application is set at $150. This is an applicant who seeks to present his or her application seeking the granting of the Certificate of Appropriateness if the application does not require issues that are to be before the Land Use Board;
2.
The Tier-2 Applications will be assessed a $300 escrow fee as will be applied to applicants seeking a Certificate of Appropriateness which require such activities as demolition, relocation, change in exterior appearance, etc., requiring a more complicated analysis than Tier-1 Applications which could result in an appearance before the Land Use Board;
3.
Consistent with the handling of development escrows in the State of New Jersey it is resolved no applicant shall receive review or approval requested absent full payment of all escrow fees; and
4.
Professionals shall submit vouchers for billing to the applicant's escrow account. Applicants shall be entitled to accountings of escrows consonant with Land Use Development Law of the State of New Jersey as same shall be updated.
§ 26-9.5 Kennel and or Animal Hospital, Amateur or Hobby Kennels.
[Ord. 12-8-98]
a.
Kennel and/or Animal Hospital. A kennel and/or animal hospital, in addition to complying with other applicable regulations, including the submission of a site plan shall be located on a land parcel having a minimum of five acres and shall be located at least 200 feet from all lot lines, unless the use is carried on within a completely enclosed and sound-proof building, in which case, it must observe the residential lot size and setback requirements of the R-A district.
[Res. 1-24-79]
b.
Amateur or Hobby Kennel Regulations.
1.
A hobby kennel shall be located only in the R-A (Residence-Agriculture) zoning district of the Township and shall maintain a 50 foot setback from all property lines.
2.
No more than 15 dogs may be kept at a hobby kennel.
3.
The hobby kennel shall meet all requirements of the health department regarding the keeping of dogs.
§ 26-9.6 Mobile Homes, Motor Homes and Travel Trailers.
[Res. 1-24-79]
In addition to complying to other applicable regulations contained in this or any other Greenwich Township ordinance, mobile homes may be placed or used only as follows:
a.
Temporary use of one mobile home structure for office, tool storage or quarters for a watchman as an accessory use to permitted construction projects on the same lot therewith, for a period provided by the construction permit.
b.
Permanent storage lot of one unoccupied mobile home on a lot only when entirely enclosed within a permitted principal or accessory building.
c.
No mobile home shall be permitted as a principal use in any district.
d.
Motor Homes and Travel Trailer. In Commercial-Recreation Districts only, where temporary sites For camping, travel trailers or motor homes are to be used, there shall be a space not less than 50 feet by one 100 feet for each unit and no more than eight units per acre. It is necessary that these temporary campers or trailers will be in the area not before January 8th and not after December 15th in any one year. They may be used for a period of not over six months in any one year during the above period. A temporary permit must be issued for each available trailer site to the property owner before any trailer is placed on the property each year.
§ 26-9.7 Poultry or Turkey Farms.
[Res. 1-24-79]
All applications for a turkey or poultry farm shall be accompanied by a written opinion of the County Agricultural Agent concerning possible nuisance characteristics and measures for adequately dealing with them. In addition to site plan information normally required by the Subdivision and Site Plan Review Ordinance, the application shall set forth the purpose of the operation, the manner in which birds will be housed, methods for recycling or disposing of manure, the number of property line setbacks and, if birds are to be kept outdoors, proposals for regular rotation and cropping of range areas. The report of the County Agricultural Agent should also contain observations regarding the above listed matter. Any certificate of occupancy shall remain valid only so long as the use is operated in a nuisance-free manner in accordance with any conditions included in approval of the Planning and Zoning Board.
§ 26-9.8 Public Utility Installations.
[Res. 1-24-79]
Public utility installations, other than essential services as defined in this ordinance, shall be permitted in various zoning districts as specified on the Schedule of District Regulations provided that, in addition to the submission of a site plan in accordance with the Greenwich Township Subdivision and Site Plan Review Ordinance and compliance with other applicable requirements, the following standards and procedures shall be adhered to:
a.
Any application for such use shall include a statement setting forth the need and purpose of the installation.
b.
Proof shall be furnished to the approving authority that the proposed installation, in the location specified, is necessary for the convenient and efficient operation of the public utility involved and for the satisfactory and convenient provision of service by the utility to the neighborhood in which the particular use provision of service by the utility to the neighborhood in which the particular use is to be located.
c.
The design of any building in connection with such facility shall conform to the general character of the area in which it is proposed to be located.
The applicant shall demonstrate that the proposed use will, in no way, adversely affect the safe and comfortable enjoyment of neighboring properties. Adequate and attractive fences and other screening devices shall be described and shown on the plan for the proposed use. Appropriate landscaping, including trees, shrubs and lawn areas shall also be provided.
d.
As a prerequisite for filing application for a public utility installation, said utility shall have filed with the Township Clerk a map currently indicating the location of all existing and proposed structures within the municipality. All public utility installations shall be in conformity with the National Electrical Safety Code as well as performance standards contained in this ordinance.
§ 26-9.9 Roadside Stands.
[Res. 1-24-79]
Roadside stands for the sale of farm, truck gardening, nursery gardening and greenhouse produce may be established as provided in the Schedule of District Regulations and provided further that the major portion of such produce offered for sale is raised by the seller in the Township of Greenwich on land owned or leased by him. Applications for roadside stands shall be subject to the provisions of the Subdivision and Site Plan Review Ordinance. Roadside stands shall be maintained in good repair on a well-kept site. They shall have only one entrance and one exit from the highway; shall maintain no display of goods closer than 40 feet to a road right-of-way line; and shall provide one parking space for every 100 square feet of display area. A maximum of three temporary off-site signs shall be permitted during periods of operation only, each not more than six square feet in area. No signs shall be located within the right-of-way of the adjoining highway, nor shall any sign obstruct the vision of vehicle operators entering or leaving the off-street parking area. Additionally, 48 square feet of identification sign area shall be permitted either on the stand or within 30 feet thereof. Interior or exterior lighting in connection with a roadside stand shall not produce a noticeable glare off the premises.
§ 26-9.10 (Reserved) [1]
[1]
Editor's Note: Former subsection 26-9.10, Planned Commercial Development, was repealed by Ord. No. 2000-3)
§ 26-9.11 Swimming Pools and Swimming Clubs.
[Res. 1-24-79]
In addition to complying with other applicable regulations contained in this and all other Greenwich Township ordinances, swimming pools (other than movable wading pools having less than 150 square feet in area and two feet in depth) may be established only after site plan review and approval by the Planning Board, in accordance with the following standards and requirements:
a.
Private swimming pools shall be permitted only as an accessory use to a residential unit or units and when the principal residential structure exists or is under construction.
1.
Any portion of the perimeter of a private swimming pool that does not abut the principal dwelling or accessory building on the lot on which it is located, shall be protected from access by small children or pets. Fencing or other protective structures to be used for this purpose shall be included on the plans in order that the Planning Board may determine their adequacy. The issuance of a building permit shall be conditioned upon the proper installation of approved, protective fencing or other structures and no certificate of occupancy may be issued until their installation is complete.
2.
Any private accessory pool must be located in the rear yard and at least 20 feet from any side or rear property line.
3.
Any lighting used in connection with a private swimming pool shall be so directed or shielded as to not shine directly onto other properties.
b.
Public swimming clubs operated on a non-profit, annual membership basis shall be permitted as indicated on the Schedule of District Regulations, provided that:
1.
Proof is furnished to the Zoning Officer that the proposed use is a bona fide, non-profit activity organized solely for the use and enjoyment of the membership.
2.
The parcel involved in the use shall contain at least three acres and shall have 200 feet of highway frontage.
3.
No more than a total of 15 percent of the lot shall be covered by structures, parking areas and the pool, together with its adjoining hard surfaced areas.
4.
No part of the pool, its accompanying hard surfaced area or other supporting structures or activity areas shall be located within 75 feet of a property line.
5.
The maximum membership of the club shall be fixed at the time of application and shall be commensurate with the size of the parcel and the scale and facilities contemplated. No expansion of the membership shall take place subsequently without supplemental application to and approval by the Zoning Board of Adjustment.
6.
Any pool established in connection with public swimming clubs shall be constructed and operated according to the requirements of N.J.S.A. 26:3-69.1 through 69.6, as amended and supplemented. The above titled statute, commonly known as the "Swimming Pool Code of New Jersey, 1955," is hereby adopted by reference. A copy of said code is annexed hereto and made a part hereof without inclusion of the text.
§ 26-9.12 Yard Sales.
[Res. 1-24-79]
An owner or person in possession of real estate may hold a yard or tag sale (deemed to include porch, patio, driveway, garage, barn or curb-side sale) as provided in the Schedule of District Regulations, no more than three times in any calendar year, upon obtaining a permit from the Zoning Officer. The tag or yard sale shall not exceed two consecutive days. Tax-exempt organizations are exempt from obtaining a permit under this subsection. The permit fee for such a sale shall be $5.00.
A maximum of four temporary off-premises directional signs measuring not over six 6 x 18 each for yard sales, bazaars, fairs and church food sales, are permitted under the permit fee listed above. Signs must be removed by the permittee within three days after the event.