Holland Township City Zoning Code
PART 1
Zoning
§ 100-1 Short title.
This Part 1 shall be known and may be cited by the short form title of "Holland Township Zoning Ordinance (1977)."
§ 100-2 Purpose.
The purpose of this Part 1 is to regulate and establish a pattern for the nature and extent of the uses of land and of buildings and structures thereon. It is enacted pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) in order to promote the public health, safety, morals and general welfare. This Part 1 is intended to regulate the use of land within zoning districts; secure safety from fire, flood, panic and other natural and man-made disasters; provide adequate light, air and open space; limit and restrict buildings and structures to specified districts and regulate buildings and structures according to their type and the nature and extent of their use and regulate the nature and extent of the use of land for trade, industry, residence, open space or other purposes; regulate the bulk, height, number of stores and size of buildings and other structures, the percentage of lot or development area that may be occupied by structures, lot sizes and dimensions; avoid a conflict with the development and general welfare of neighboring municipalities, the county and the state as a whole; promote the establishment of appropriate population densities and concentrations that will contribute to the well-being of persons, neighborhoods, communities and regions and the preservation of the environment; provide sufficient space in appropriate locations for agricultural, residential, recreational, commercial and industrial uses and open space; encourage the location and design of transportation routes which will promote the free flow of traffic while discouraging the location of such facilities and routes which result in congestion or blight; promote a desirable visual environment; and promote the conservation of open space and valuable natural resources and prevent urban sprawl and degradation of the environment through improper use of land.
§ 100-3 Districts enumerated.
[Amended 11-21-2000 by Ord. No. 2000-5; 11-20-2007 by Ord. No. 2007-18]
The Township shall be divided into nine types of districts or zones which shall be differentiated according to use and which shall be known and designated as:
R-5 | Residential District |
R-1 | Residential District |
VR | Village Residential District |
VR-A | Village Residential-A District |
MFR | Multifamily Residential District |
COM | Commercial District |
PCD/PSV | Planned Commercial Development/Planned Senior Village Development District |
IND | Limited Industrial Park District |
FL | Flood Hazard District |
§ 100-4 Boundaries; Zoning Map.
[Amended 11-21-2000 by Ord. No. 2000-5; 11-20-2007 by Ord. No. 2007-18; 12-18-2007 by Ord. No. 2007-21; 11-8-2017 by Ord. No. 2017-13]
A.
The boundaries of these districts and areas designated for specified optional development alternatives, except as stated below in this section, are hereby established as shown on a map entitled the "Holland Township Zoning Map, September 19, 2017," which accompanies and is hereby made a part of this Part 1.
B.
Where there is uncertainty as to the boundaries of any of the districts as shown on the aforesaid map entitled the "Holland Township Zoning Map, September 19, 2017," the following shall apply with reference to all districts except the FL Flood Hazard District:
(1)
The boundary lines of these districts are intended to follow street center lines and lot or property lines as they exist at the time of the enactment of this Part 1 or any amendment of it wherein the Zoning Map was changed unless otherwise indicated by dimensions on said Zoning Map.
(2)
Questions concerning the exact location of district boundary lines shall be determined by the Board of Adjustment in accordance with rules and regulations which may be adopted by it as hereinafter provided.
§ 100-5 Land located in overlapping districts.
[Amended 11-8-2017 by Ord. No. 2017-13]
Land located in the FL Flood Hazard Districts is also located in another district as shown on the map entitled the "Holland Township Zoning Map, September 19, 2017."[1] Such land, the use thereof and buildings and structures thereon, shall be subject to regulations contained in this Part 1 for both the FL Flood Hazard District and the other district shown on such map, and, where the regulations for such districts overlap or conflict, the more stringent restrictions shall apply.
[1]
Editor's Note: The Zoning Map is included at the end of this chapter.
§ 100-6 Definitions.
Certain words and phrases in this Part 1 are defined for the purposes hereof as follows:
A use, building or structure on the same lot with, and of a nature incidental and subordinate to, the principal use or structure.
An area intended to be used, and suitable for use, to give access to motor vehicles to the street from a lot and to a lot from a street.
A residential facility licensed by the New Jersey Department of Health and Senior Services in accordance with N.J.A.C. 8:36 to provide apartment-style housing and congregate dining and to ensure that assisted-living services, as defined at N.J.A.C. 8:33H-1.2, are available when needed to four or more adult persons unrelated to the proprietor. Each apartment in an assisted-living facility shall have, at a minimum, one unfurnished room, a private bathroom, a kitchenette and a lockable door on the unit entrance.
[Added 11-21-2000 by Ord. No. 2000-5]
Any structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of any person, animal or chattel.
An establishment consisting of a room or group of rooms used for conducting the affairs of a business, profession, service, industry, or government and generally furnished with desks, tables, files, and communication equipment.
[Added 5-18-2021 by Ord. No. 2021-09]
A facility which is maintained for the care, development, and/or supervision of six or more children who attend for less than 24 hours per day and which is licensed by the New Jersey Department of Human Services.
[Added 5-18-2021 by Ord. No. 2021-09]
A roadway, thoroughfare, place or passageway sufficiently wide to accommodate motor vehicular traffic (including emergency vehicles), which is not a street as defined herein, but which, prior to March 7, 1953, has become established for use by owners of abutting land having no frontage on any existing state, county or municipal roadway for ingress and egress over the property of others, between a public roadway and the abutting properties. For the purposes of this Part 1, a private lane situated entirely on a single property shall not be considered to be a "driftway."
[Amended 9-5-1978]
An establishment where food and/or beverages are sold in a form ready for consumption, where all of the consumption takes place outside of the confines of the building, and where ordering and pickup of food may take place from an automobile. This use does not include a drive-through window.
[Added 5-18-2021 by Ord. No. 2021-09]
A building containing one or more dwelling units and being detached, that is, having no wall or walls in common with an adjacent dwelling or dwellings.
A dwelling containing no more than one dwelling unit.
One room, or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy or rental or lease on a weekly, monthly or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure and containing independent cooking and sleeping facilities.
One or more persons living as a single, nonprofit housekeeping unit as distinguished from individuals or groups occupying a hotel, fraternity or sorority house. The "family" shall be deemed to include foster children and necessary servants when such children and servants share the common housekeeping facilities and services, but shall not include more than four boarders, roomers or paying guests.
The private residence of a family day-care provider, which is registered as a family day-care home pursuant to the Family Day Care Provider Registration Act.[1]
[Added 5-18-2021 by Ord. No. 2021-09]
An outdoor food market for the selling of produce grown by persons selling it, the selling of produce derivatives (licensed and permitted where applicable) which the sellers have created, the selling of baked goods by the creators thereof (originating from state-inspected and -licensed facilities), and the selling, under reasonable regulations of the authority governing the market, of artisan crafts.
[Added 4-5-2011 by Ord. No. 2011-8]
An establishment that provides physical fitness programs and activities, including, but not limited to, the use of weight-lifting equipment, running and aerobic exercise equipment, and/or fitness classes, such as Pilates, yoga, kickboxing, etc.
[Added 3-1-2022 by Ord. No. 2022-02]
As used herein, the term "group home" refers to an alternative living arrangement (also defined in N.J.A.C. 5:93-1.3) in which separate individuals or households live in distinct bedrooms yet share kitchen and some or all plumbing facilities, central heat and common areas. The term "group home" may include such uses as Class A, B, C, D and E boarding homes as regulated by the New Jersey Department of Community Affairs, residential health-care facilities regulated by the New Jersey Department of Health and Senior Services and community residences for the developmentally disabled, victims of domestic violence, persons with head injuries and the terminally ill.
[Added 11-21-2000 by Ord. No. 2000-5]
The total floor area of those portions of any dwelling unit used as living space, including kitchens, living and dining rooms, baths and bedrooms and hallways, but not including cellars, porches or attics, except expansion attics which may be finished to provide additional rooms without structural alterations to roofs or exterior walls.
Unless otherwise specified in this Part 1, the height of buildings shall be measured from the average elevation of the post-disturbance grade at the foundation of the building to the highest point of the highest ridgeline of the roof.
[Added 11-21-2000 by Ord. No. 2000-5; amended 5-18-2021 by Ord. No. 2021-09]
A legal occupation conducted within a dwelling used as such, and/or in other existing buildings on a lot whose principal use is for residential purposes, provided that:
[Amended 11-4-1981 by Ord. No. 81-16; 12-19-1989 by Ord. No. 1989-13; 3-20-1990 by Ord. No. 1990-3]
The occupation is carried on solely by the residents of such dwelling for financial or other renumeration as a use clearly incidental to and secondary to the residential use of the dwelling for domestic housekeeping and involves the employment of no person in such occupation who does not reside in such dwelling.
Not more than 25% of the total floor area of such dwelling shall be devoted to such occupation and at least 1,000 square feet of such dwelling remains for domestic housekeeping after 25% has been deducted. (Multiple "home occupations" may be permitted, provided that the minimum of 1,000 square feet remains and the limitation of 25% is not exceeded by all such occupations.) Provided that the foregoing provisions of this Subsection B are met, a "home occupation" may also be conducted in a garage (whether or not attached to the house) or in any already existing building which is not a dwelling on the lot No new building or addition to an existing building shall be constructed and utilized for a "home occupation." In calculating the floor area of the dwelling, for the purposes of this Subsection B, the area of any attached garage shall not be included.
There shall be no display of goods offered for sale in connection with such occupation which is visible from any street or adjoining lot, except as is permitted in § 100-45E.
No power equipment which is used to fabricate or manufacture a product for sale shall be used in such employment or occupation. (This shall not be construed to mean usual office equipment, such as typewriters, photocopiers and the like, which produce letters, reports, etc.) Also, no equipment or process shall be used in such employment or occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot; and in the case of electrical interference, 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. No trucks or mechanized construction or earth moving equipment used in such employment or occupation shall be parked or kept on the lot; provided, however, that no more than two motor vehicles, which may be automobiles or pickup, panel or van-type trucks which do not exceed 2,000 pounds capacity, may be parked or kept on the lot when used in connection with a home occupation conducted from the lot.
The dwelling in which said occupation is carried on shall retain an exterior which is characteristic of a building used for residential purposes. No structural changes to accommodate the "home occupation" shall be permitted, unless such changes are customary and normal for a dwelling used for residential purposes.
An establishment that teaches or practices dance, drama, art, language, martial arts, music, photography, and the like. Such activities may be conducted either partially or entirely within the confines of a building or partially outdoors. These uses may, from time to time, hold group events such as birthday parties.
[Added 3-1-2022 by Ord. No. 2022-02]
A position that may be filled at the discretion of the Township Committee for a period of one year whose duties shall include the following:
[Added 2-4-2020 by Ord. No. 2020-03]
To serve as the secretary to the Planning Board;
To serve as the secretary to the Zoning Board of Adjustment;
To serve as the Zoning Officer;
To serve as the Development Regulation Officer;
To serve as the Municipal Housing Liaison; and
To perform other duties as assigned by the Township Committee, Planning Board or the Zoning Board of Adjustment.
An integral parcel or plot of land or contiguous integral parcels or plots of land, under the same ownership, which are not separate subdivision lots of record.
The total horizontal area included within lot lines. Where the front lot line is the center line of a street or lies in part or in whole in the street area, the "lot area" shall not include that part of the lot in use or to be used as the street.
A lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a "corner lot" if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135°.
The shortest horizontal distance between the front lot line (street line) and a line drawn parallel to the front lot line through the midpoint of the rear lot line.
[Amended 9-15-1987 by Ord. No. 1987-9]
That portion of a lot extending along the street line. (See also the definition of "lot width.")
[Amended 9-15-1987 by Ord. No. 1987-9]
The horizontal distance between the side lines of a lot measured along a straight line parallel to the front lot line. Said measurement shall occur at the minimum required front setback line. However, in the case of lots on the circle of a cul-de-sac, the distance shall be measured along an arc at the minimum required front setback line and shall be at least 50 feet.
[Amended 9-15-1987 by Ord. No. 1987-9; 5-18-2021 by Ord. No. 2021-09]
An establishment engaged in the mechanical or chemical transformation of materials or substances into light machinery, including the assembling of component parts and the creation of products. Ancillary business offices shall be permitted within the same structure.
[Added 5-18-2021 by Ord. No. 2021-09]
A structure designed to support the gathering of wind energy resource data; includes the tower, base plate, anchors, guy cables and hardware, anemometers (wind speed indicators), wind direction vanes, booms to hold equipment anemometers and vanes, data logger, instrument wiring and any telemetry devices that are used to monitor or transmit wind speed and wind flow characteristics over a period of time for either instantaneous wind information or to characterize the wind resource at a given location.
[Added 6-1-2010 by Ord. No. 2010-14]
The New Jersey Department of Environmental Protection (and such Department by any future name).
[Added 5-15-2012 by Ord. No. 2012-7]
Any nonconforming use or structure existing at the time of the passage of an ordinance may be continued upon the lot or in the structure so occupied, and any such structure may be restored or repaired in the event of partial destruction thereof.
Space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled. Required "off-street loading space" is not to be included as off-street parking space in computation of required off-street parking space.
A space adequate for parking an automobile with room for opening doors on both sides, which space shall be a minimum of 10 feet wide and 20 feet deep, together with properly related access to a street and maneuvering room. For purposes of rough computation, an "off-street parking space" and necessary access and maneuvering room may be estimated at 300 square feet, but off-street parking requirements will be considered to be met only when actual spaces meeting the requirements above are provided and maintained, improved in a manner appropriate to the circumstances of the case and in accordance with the requirements of this Part 1 and all ordinances and regulations of this Township.
A truck or other vehicle having either a total combined gross weight of vehicle plus load in excess of 13 tons or an extreme overall length in excess of 23 feet, or both.
An establishment primarily engaged in providing services involving the care of a person or his or her personal goods or apparel. Personal service establishments shall include, but are not limited to, salons, barbershops, nail salons, clothing and shoe cleaning and repair, tailors, and the like.
[Added 5-18-2021 by Ord. No. 2021-09]
Development on a tract of at least 40 acres but not more than 50 acres, which shall be developed and used according to a plan as a single entity, containing as its principal use one or more shopping villages with appurtenant common areas to accommodate, as principal uses, only the principal uses described in § 100-74A through F hereof, and required common open space.
[Added 4-21-1993 by Ord. No. 1993-4]
The proper municipal agency, be it the Planning Board or Board of Adjustment, to review or approve the particular application for development involved, pursuant to the Municipal Land Use Law[2] and Chapter 100, Part 2, Development Regulations, of the Code of the Township of Holland, notwithstanding the actual wording of this Part 1.
A building or structure primarily devoted to a principal use.
A main use, a use which is not incidental or subordinate to another use on the same lot.
An establishment engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods.
[Added 5-18-2021 by Ord. No. 2021-09]
A wind energy conversion system consisting of vertical axis wind turbine(s) or any other form of wind energy conversion system that can be and is mounted on the roof of a building rather than on a tower.
[Added 6-1-2010 by Ord. No. 2010-14]
The cross-sectional dimension of the circle swept by the rotating blades of a wind-powered energy generator.
[Added 6-1-2010 by Ord. No. 2010-14]
Separate dwelling units reserved for occupancy by persons 62 years of age or older, which dwelling units may be located within one or more buildings, each containing a minimum of 20 similar units, or in the same building(s) with assisted-living units, wherein common facilities and a range of supportive personal and/or medical care services may be provided. Senior citizens apartments with supportive services may have access to and the use of congregate dining, laundry and social facilities, provided that each such dwelling unit has its own separate complete kitchen and full bath, a door that is lockable from the inside and at least 300 square feet of clear floor area within the confines of the dwelling unit itself.
[Added 11-21-2000 by Ord. No. 2000-5]
A line within any lot, parallel to any street lines and measured perpendicularly from the street line, within which no building or part thereof may be erected except as provided in this Part 1.
[Amended 9-15-1987 by Ord. No. 1987-9]
Any device designed to inform or attract the attention of persons not on the premises on which the sign is located; provided, however, that the following shall not be included in the application of the regulations herein:
Signs not exceeding one square foot in area and bearing only property numbers, postbox numbers, names of occupants of premises or other identification of premises not having commercial connotations.
Flags and insignia of any government except when displayed in connection with commercial promotion.
Legal notices: identification, informational or directional signs erected or required by governmental bodies.
Integral decorative or architectural features of buildings, except letters, trademarks, moving parts or moving lights.
The area of a sign face shall be computed by drawing a square or rectangle that encompasses the extreme limits of the sign's message, which includes the writing, representation, emblem, decorations, or other display, together with any color forming an integral part of the sign. The base and/or supports of a freestanding monument sign shall not be included in the sign area.
[Added 3-1-2022 by Ord. No. 2022-02]
A sign that provides information and/or directions necessary for vehicles and/or pedestrians to navigate a site, including signs identifying entrances and exits, parking areas, circulation direction, and the like. Directional signs shall not contain any advertising.
[Added 3-1-2022 by Ord. No. 2022-03]
A sign in which the entire bottom is in contact with the ground and is independent of any other structure.
[Added 3-1-2022 by Ord. No. 2022-02]
A wind energy conversion system consisting of a wind turbine, a tower and associated control or conversion electronics, which has a rated capacity consistent with applicable provisions of the State Uniform Construction Code promulgated pursuant to P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), and which will be used to generate electrical power primarily for on-site consumption.
[Added 6-1-2010 by Ord. No. 2010-14]
An electricity generating facility that produces electrical energy primarily for sale and off-premises consumption and that uses solar or photovoltaic technologies that consist of a system of solar or photovoltaic panels and equipment for the production of energy, and that does not meet the definition of "solar energy system (minor)" in this § 100-6.
[Added 5-15-2012 by Ord. No. 2012-7]
One or more solar panels and all associated equipment involved in the conversion of solar radiation to electrical energy, hot water or hot air solely to serve the principal use and other permitted accessory uses of the land on which such system is situated.
[Added 6-1-2010 by Ord. No. 2010-13; amended 5-15-2012 by Ord. No. 2012-7]
An accessory structure containing one or more receptive cells or collector devices, the purpose of which is to use solar radiation to create usable electrical energy, hot water or hot air.
[Added 6-1-2010 by Ord. No. 2010-13]
Any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing state, county or municipal roadway, or which is shown upon a plat heretofore approved pursuant to law, or which is approved by official action as provided by the Municipal Land Use Law, or which is shown on a plat duly filed and recorded in the Hunterdon County Clerk's office prior to the appointment of a Planning Board for the Township and the grant to such Board of the power to review plats, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines.
The dividing line between the lot and the street, or the street right-of-way line running across the lot where the lot extends into the street.
Anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground. Among other things, "structures" include buildings, swimming pools, mobile homes, billboards and poster panels, but shall exclude fences, posts, wires and their supporting poles or frames of electric or telephone utilities or other service facilities and school-bus waiting shelters whose location and design have been approved before erection by the Board of Education of the Township of Holland. The word "structure" includes "buildings."
The vertical distance above grade of the tower plus the wind generator measured vertically from the ground to the tip of a wind generator blade when the tip is at its highest point.
[Added 6-1-2010 by Ord. No. 2010-14]
The vertical distance above grade of the fixed portion of the tower, excluding the wind generator.
[Added 6-1-2010 by Ord. No. 2010-14]
An area of land composed of one or more lots adjacent to one another, having sufficient dimensions and area in the aggregate to make one integral parcel of land meeting the requirements of this Part 1 for the use(s) intended. With respect to a planned commercial development, the term "tract" shall refer to the whole of land area constituting the planned commercial development, having an area within the parameters referred to in the definition of planned commercial development.
[Added 4-21-1993 by Ord. No. 1993-4]
(As defined in said Title 39) shall be considered as separate vehicles, unless they are joined to one another.
The purpose for which land or a structure thereon is designed, arranged or intended or for which it is or may be occupied or maintained.
A building used for the storage of goods and materials. Space within a building may be leased to separate entities. Ancillary business offices shall be permitted within the warehouse building.
[Added 5-18-2021 by Ord. No. 2021-09]
Blades and associated mechanical and electrical conversion components mounted on top of a wind tower.
[Added 6-1-2010 by Ord. No. 2010-14]
A monopole, freestanding, or guyed structure that supports a wind generator.
[Added 6-1-2010 by Ord. No. 2010-14]
A required open space unoccupied and unobstructed by any structure or portion of a structure from 30 inches above the general ground level of the graded lot upward, except as otherwise permitted by this Part 1; provided, however, that fences, walls, poles, posts and other customary yard accessories, ornaments and furniture may be permitted in any yard subject to height limitations and requirements limiting obstruction of visibility.
A yard extending between side lot lines across the front of a lot adjoining a street.
A yard extending across the rear of the lot between inner side yard lines.
A yard extending from the rear line of the required front yard to the rear lot line or, in the absence of any clearly defined rear lot line, to the point on the lot farthest from the intersection of the lot line involved with the street.
§ 100-7 Word usage.
[Amended 9-15-1987 by Ord. No. 1987-9; 9-1-1998 by Ord. No. 1998-9]
Any words or phrases used herein, but not specifically defined above, shall, if defined in Part 2 of this Chapter 100, have the definition set forth in such Part 2, or, if not defined in such Part 2 but defined in the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.), have the definition set forth in that law.
§ 100-8 Conformity required.
A.
Except as otherwise provided in this Part 1, it shall be unlawful to locate, relocate, erect, construct, reconstruct, enlarge or structurally alter any structure except in conformity with the regulations of the district in which such structure is located.
§ 100-9 Construal.
Nothing in this Part 1 shall be construed to require any change in the plans, construction, size or designated use of any structure, or part thereof, for which any building permit has been granted before the enactment of this Part 1, provided that construction from such plans shall have been started within 60 days of enactment of this Part 1 and shall be diligently pursued to completion.
§ 100-10 Accessory buildings.
§ 100-11 Corner lots.
In any district on any corner lot, the minimum front yard requirements shall be provided for both intersecting streets in accordance with the regulations for the district in which the lot is located.
§ 100-12 Height exceptions.
The height limitations of this Part 1, contained in the regulations for each district, shall not apply to barns, silos, church spires, chimneys, noncommercial radio or television antennae or cupolas.
§ 100-13 Firearm facilities.
Any accessory facility or area intended for use of firearms, such as a shooting range, shall be located at least 1,000 feet from any lot line, street line or district boundary.
§ 100-14 Off-street parking.
Off-street parking areas shall be provided as specified in the regulations for each district and shall be provided with necessary off-street parking spaces, passageways, driveways and turning areas. All such areas shall be deemed to be required areas on the lot on which they are situated and shall not be located in any required front yard area. Except as otherwise provided in this Part 1, all off-street parking areas with a required capacity of five or more vehicles shall be paved with gravel, asphaltic or concrete surface so as to be hard surfaced, dust free and well drained and shall be designed, maintained and regulated so that no parking or maneuvering incidental to parking shall be on any street and so that any automobile may be parked without moving another. Where lights from vehicles within the off-street parking area may shine directly into the windows of a residence or residences, the area shall be screened from such residence or residences by means of an evergreen hedge, masonry wall or other suitable barrier which shall not be less than four feet or more than seven feet in height.
§ 100-15 Parking, storage and use of major recreational equipment.
For purposes of this Part 1, "major recreational equipment" is defined as boats and boat trailers, pickup campers or coaches (designed to be mounted on motor vehicles), motorized dwellings, tent trailers and the like. No major recreational equipment shall be parked or stored on any lot in a residential district, except on a lot being used as a camp, unless it is in a carport or enclosed building or behind the nearest portion of a building to a street; provided, however, that such equipment may be parked anywhere on a lot in a residential district for a period not to exceed 48 hours during loading, unloading, repair or maintenance. No such equipment shall be used for living or housekeeping purposes when parked or stored on a residential lot (except on a residential lot also being used as a camp) or other location not approved for such use.
§ 100-16 Multiple uses on lots.
In any district, more than one permitted principal use may be conducted on a single lot and more than one structure housing a permitted principal use, or permitted principal uses, may be erected on a single lot, provided that all other requirements of this Part 1 shall be met for each such structure as though it were on an individual lot, and provided, further, that in no case shall there be more than one single-family dwelling on a subdivision lot of record.
§ 100-17 Obstructing vision on corner lots.
In any district, on any corner lot no fence, sign or other structure, planting or other obstruction to vision, higher than three feet above the ground level, shall be erected or maintained within a straight line connecting points on the two street lines at a distance of 25 feet from the intersection of said street lines at the corner.
§ 100-18 Setback for fuel tanks.
In any district, any tank or other structure, except one located entirely underground, storing or designed for storing fuel oil, gasoline, diesel fuel, kerosene or other inflammable liquid or gas shall be set back at least 10 feet from any lot or street line. This shall not preclude a greater setback being required in any industrial or commercial district, as part of site plan approval, where necessary for safety.
§ 100-19 Parking of oversized vehicles.
[Added 8-5-1980]
A.
On any lot whose principal use is for residential purposes or which is vacant and has no other principal use:
(1)
No oversized vehicle and no more than one truck tractor shall be parked or allowed to remain between the hours of 9:00 p.m. and 6:00 a.m. anywhere within 100 feet of a lot line or street line of such lot, except for one certified school bus suitable for current use as such.
(2)
No more than two oversized vehicles shall be parked or allowed to remain between the hours of 9:00 p.m. and 6:00 a.m. anywhere on such lot.
B.
Any use of any lot which is nonconforming to the provisions of this section and existing at the time of passage of this section may be continued as provided in N.J.S.A. 40:55D-68.
C.
No provision of this section shall be considered to regulate parking in any public street.
§ 100-20 Bee hives.
[Added 10-7-1980 by Ord. No. 80-21]
No hive or other enclosure used for the containment of bees shall be placed or allowed to remain on any lot within 50 feet of the lot line or street line of such lot.
§ 100-20.1 Solar energy systems (minor).
[Added 6-1-2010 by Ord. No. 2010-13; amended 5-15-2012 by Ord. No. 2012-7]
A.
Solar energy systems (minor), where permitted, shall be 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 (minor) back to the public electric utility provider.
B.
A zoning permit shall be required for the installation of roof-mounted solar panels in all cases. Site plan approval shall also be required, before the issuance of a zoning permit, for all ground-mounted solar energy systems (minor), except that ground-mounted solar energy systems (minor) on single- and two-family residential lots and farms that meet the requirements of this section shall only require a zoning permit.
C.
Roof-mounted solar panels may be attached to either a principal or an accessory building but 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 (minor) shall extend beyond the highest peak of the roofline of the building to which they are attached nor exceed the maximum permitted height for the building.
D.
Ground-mounted solar energy systems (minor), except where located on single- and two-family residential lots and farms, shall be enclosed by fencing for security purposes.
E.
Ground-mounted solar energy systems (minor), 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 energy systems (minor) shall be screened from view from adjacent properties and streets with a year-round vegetative screen, buildings and/or solid fencing.
F.
Ground-mounted solar energy systems (minor) shall not exceed 10 feet in height and shall be excluded from the calculation of the lot (impervious) coverage if mounted on a lawn or vegetated area.
G.
To the extent reasonably possible, solar panels, regardless of whether they are roof-mounted or ground-mounted, shall be oriented and/or screened year-round so that glare is directed away from adjoining properties and streets.
H.
To the extent reasonably possible, solar energy systems (minor) shall be designed using such features as colors, materials, textures, screening and landscaping so as to blend into their settings and avoid visual blight.
I.
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.
J.
Any solar energy system (minor) 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:
(1)
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.
(2)
If said decommissioning has not been completed within the requisite six-month period, then the Township'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.
(3)
If the decommissioning has not been completed within 30 days of the receipt of said notice, the Township 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 attorneys fees, or take appropriate legal action to compel the decommissioning. All costs incurred by the Township shall be billed to the landowner and, if not paid within 60 days of billing, shall become a lien against the property.
(4)
Ground-mounted solar energy facilities (minor) that require site plan approval shall be subject to the decommissioning plan and bond requirements set forth in § 100-21M(7).
[Added 11-7-2019 by Ord. No. 2019-19]
K.
All solar energy systems (minor) installed on commercial, institutional or multifamily residential property in Holland Township shall comply with the safety regulations set forth in § 100-21M(6).
[Added 5-15-2012 by Ord. No. 2012-7]
L.
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 (MG) of electricity, provided that the acreage devoted to the solar energy system (minor) does not exceed a ratio of one acre of solar energy system (minor) to five acres of farmland or approximately 17% of the farmland acreage.
[Added 5-15-2012 by Ord. No. 2012-7]
M.
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.
[Added 5-15-2012 by Ord. No. 2012-7]
§ 100-21 Permitted uses.
In the IND Limited Industrial District, no lot or structure shall have as a principal use, and no structure shall be located, relocated, erected, constructed, reconstructed, enlarged or structurally altered for the purpose of any principal use, except the following:
A.
Laboratories for scientific research, testing and product development, but not involving commercial production or danger from combustible or radioactive materials.
B.
Central headquarters or branch office buildings designed to be occupied by, and solely occupied by, a single business enterprise.
C.
Manufacturing of light machinery.
D.
Fabrication of paper products comprising any of the following: bags, bookbinding, boxes, paper, packaging materials, office supplies and toys.
E.
Manufacturing, assembly, fabrication, processing or treatment of products from previously prepared materials, such as canvas, cellophane, cloth, cork, furs, glass, paper, plastics and wood (excluding planing mills).
F.
Printing or publishing establishments.
H.
The headquarters and operation centers of well drillers and construction contractors.
I.
The manufacturing, compounding, processing, packaging or treatment of beverages, food, candy, cosmetics, dairy products, drugs, perfumes, ice, plastics, pharmaceuticals, toilet supplies and similar products.
J.
Farm uses permitted in the R-5 Residential District, subject to the requirements for that district.
[Amended 7-6-2010 by Ord. No. 2010-12A]
§ 100-22 Accessory uses.
Accessory uses and structures to any of the above permitted uses are permitted, including:
A.
Cafeteria, first-aid and medical facilities located within a building and operated for the exclusive use of employees of the enterprise constituting a principal industrial use.
B.
Recreational areas for employees of the enterprise constituting a principal industrial use.
C.
Storage, including equipment and materials storage, provided, with respect to lots whose principal use is a use permitted by § 100-21A through J of this Part 1, that the area devoted to such use is enclosed within a building or is screened by a wall, planting or other barrier approved by the Planning Board. However, outdoor storage areas shall be limited to 50% of the existing building’s footprint.
[Amended 3-1-2022 by Ord. No. 2022-03]
E.
Solar panels erected on the roof of a building or on the ground, subject to meeting all requirements of § 100-20.1.
[Added 6-1-2010 by Ord. No. 2010-13]
F.
[1]Small wind energy system as an accessory use to a permitted farm use encompassing 20 or more contiguous acres in the IND District and subject to all of the following requirements:
[Added 6-1-2010 by Ord. No. 2010-14]
(1)
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.
(2)
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 a permitted use.
(3)
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 have no step bolts, no ladder and no other means for climbing the tower.
(4)
A small wind energy system shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration.
(5)
The wind generator and the wind tower shall remain painted or finished in the color or finish that was originally applied by the manufacturer.
(6)
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.
(8)
Meteorological or met towers shall be permitted under the same standards, permit requirements, restoration requirements and permit procedures as small wind energy systems.
(9)
For wind speeds in the range of zero mph to 25 mph, 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 noise regulations.
(10)
A zoning permit shall be obtained from the Township Zoning Officer confirming that all requirements of this section will be met prior to the issuance of applicable construction permit(s), but site plan approval shall not be required.
(11)
The application for a zoning permit shall include all of the following information:
(a)
A survey plan indicating property lines and physical dimensions of the property.
(b)
A survey plan indicating location, dimensions and existing structures on the property.
(c)
A plan indicating the proposed location and dimensions of the proposed wind tower.
(d)
A plan indicating the locations of any overhead utility easements on the property.
(e)
Proposed small wind energy system specifications, including manufacturer and model, rotor diameter, system height, tower height and tower type (freestanding or guyed).
(12)
A 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 shall be responsible for such removal.
(a)
The Zoning Officer may issue a notice of abandonment to the landowner of 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 owner 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 the wind generator and the wind tower 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.
§ 100-22.1 Conditional uses.
[Added 6-1-2010 by Ord. No. 2010-14]
A.
Warehousing as a conditional use, subject to meeting the following conditions:
[Added 3-1-2022 by Ord. No. 2022-03[1]]
(1)
Warehouse buildings shall not exceed 70,000 gross square feet.
(2)
The building shall be limited to a maximum of 14 loading docks.
(3)
Loading doors shall be located on the side and/or rear of the building.
(4)
All goods, merchandise, materials, and/or commodities shall be stored indoors. No outdoor storage is permitted.
(5)
A traffic impact analysis detailing trips, routes, and necessary off-site improvements shall be provided.
(6)
The Applicant/Owner shall provide detailed truck routes traveling to and from the site as part of any Application submission. Any amendment to an approved route shall require review and approval by the Board.
(7)
Any necessary off-site traffic improvements directly related to the proposed use, such as intersection improvements and road widening, shall be paid for by the Applicant.
[1]
Editor's Note: This ordinance also redesignated former Subsection A as Subsection C.
B.
Solar energy facility (major/commercial) as a conditional use, subject to meeting the following conditions:
[Added 3-1-2022 by Ord. No. 2022-03]
(1)
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 in the IND Zoning District.
(2)
Locational/site qualification regulations for a solar energy facility (major/commercial).
(a)
The site proposed for a solar energy facility (major/commercial) shall have a minimum lot area of at least 20 contiguous acres that are owned by the same person or entity and shall otherwise comply with the lot width, lot depth and other dimensional requirements of the zoning district.
(b)
Except pursuant to a permit issued by NJDEP, no portion of such facility shall occupy any area of land designated and regulated by NJDEP as floodplain, flood hazard area, wetlands, wetlands transition area or riparian corridor. An applicability determination from the NJDEP shall be provided as a condition of approval to document the presence and/or absence of these regulated areas at the time a 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.
(c)
Such facilities 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.
(d)
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 (diameter at breast height) shall require replacement on site of all but the first 10 trees.
(e)
An applicant seeking approval of a solar energy facility (major/commercial) 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 or utilized by an improvement on site and/or purchased or utilized by the electricity utility provider.
(3)
Bulk/buffering regulations.
(a)
Such facility shall not occupy any area outside the required principal building setback lines for the zoning district in which the facility is to be located except that utility poles for outside connections to the electrical power grid may be placed outside 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 outside the required principal building setback lines.
(b)
The maximum building coverage limits for principal and accessory structures in this zoning district shall not apply to such facilities; provided, however, that all setback and buffering requirements of this section and for this zoning district shall be met and further provided that no development shall be permitted to occur in any area of the lot in which development is prohibited by regulation of either this Township or the State of New Jersey.
(c)
The maximum permitted vertical height above ground for the highest point of any ground-mounted solar and photovoltaic energy panels shall be 10 feet, or 14 feet at the lower part of a grade if located on a slope.
(d)
The minimum vegetated visual buffer width for such facility shall be the greater of 50 feet or the minimum requirement for other uses in the same zone.
(e)
Such facility 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, navigable waterways, and publicly available trails on land owned by or held by easement of a public entity), residential buildings on an adjoining lot, open space owned by or subject to easement of a public entity, and historic sites and buildings listed in the State and/or National Registers of Historic Places. To accomplish this:
[1]
To the extent feasible, installations shall be sited behind existing vegetation, supplemented with landscaping, using berms and landscaping only where existing vegetation is nonexistent or sparse.
[2]
To the extent feasible, installations shall be sited where natural topography can provide or at least add screening.
[3]
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.
[4]
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, presented in and approved as part of the site 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 and coniferous trees 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.
[5]
All ground areas of the lot occupied by the facility that are not utilized for access to operate and maintain the installation, for berms and landscaping, for existing additional principal uses on the lot, 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 nonnative, 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 approving authority 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 approval, based upon the recommendations of the Township Engineer.
[6]
A maintenance plan shall be submitted for approval as part of the site plan 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.
(4)
Installation and site development requirements.
(a)
Only nonglare glass shall be used to minimize the potential for reflective glare.
(b)
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 permitted elsewhere in this section.
(c)
All new distribution or transmission power lines on site shall be placed underground except as necessary to connect to already existing aboveground power towers, poles and lines. Feeder lines and collection lines may be placed overhead near substations or points of interconnection to the electric grid.
(d)
No soil shall be removed from any site upon which such a facility is constructed. Necessary grading shall be accomplished so that no off-site soil removal or off-site fill is required.
(e)
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, insofar as is feasible, 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.
(f)
A barrier or fence having a height of at least eight feet (unless a greater height is required by law) shall be installed around the entire perimeter of the installation and entirely within the required building setback lines, which barrier shall secure the facility at all times; restrict access to all electrical wiring, transformers and high voltage equipment; and comply with applicable Uniform Construction Code requirements. One or more locked access gates (not less than 20 feet in width) to the facility shall be provided. Each locked access gate shall include a sign identifying the responsible parties for operation of the major solar and photovoltaic energy facilities and structures; for maintenance of the facility; and for maintenance of the berm, landscaping and security fence; and for ownership of the land upon which the facility is located.
(g)
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, which is not inconsistent with Article XXIV of this Chapter 100, Stormwater Management Regulations.
(h)
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.
(5)
Performance standards.
(a)
Wind velocities. All components of solar energy facilities (major/commercial) 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 New Jersey Uniform Construction Code.
(b)
Hazardous materials. The use of lead-acid batteries shall not be permitted in major solar energy systems (minor) and facilities, except for such batteries as are needed to store electricity to power emergency lights in the event of a power outage.
(c)
Noise. The total daytime 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.
(d)
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 fc or greater onto any nonresidential, business or industrial property or zoning district.
(e)
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.
(6)
Safety regulations. All solar energy facilities (major/commercial) and all other solar energy systems (minor) installed on commercial, institutional or multifamily residential property in Holland Township shall comply with the following design safety and emergency response provisions:
(a)
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 from an array.
(b)
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 Holland Township Emergency Management that a greater distance is sufficient to allow emergency vehicle access by fire and rescue personnel and also meet applicable fire safety code requirements.
(c)
Ground-mounted facilities shall provide emergency vehicle access to all components and solar energy facilities (major/commercial) 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 (in accordance with the Holland Township Volunteer Fire Company official driveway plan).
(d)
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 Holland Township Emergency Management and the Holland Township Volunteer Fire Company.
(e)
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.
(f)
Required security fencing and locked gates (with at least a twenty-foot opening) 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.
(g)
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.
(h)
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.
(i)
An emergency response plan shall be prepared, filed and maintained with the Holland Township Emergency Management, Holland Township Volunteer Fire Company and the Milford Holland Rescue Squad. The emergency response plan shall include:
[1]
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.
[2]
Evacuation procedures (from on site and from neighboring properties off site).
[3]
Site specific information concerning the locations of panels, grid identification diagrams, the emergency shutoff/isolation switch(es), contact names and numbers for 24/7 availability of responsible personnel.
[4]
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.
(j)
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:
[1]
One tag shall be kept in the service vehicle indicating the name of the individual and his/her employer.
[2]
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.
(k)
All sites shall secure a street address from the Township's 911 Coordinator, which shall be posted at the main entrance gate to the facility, and shall be of sufficient size and reflectivity so as to be easily visible from either direction on the roadway.
[1]
Prior to the issuance of a certificate of occupancy, Holland Township emergency personnel shall be provided access to the facility to generate familiarity with the site conditions and emergency access locations.
(7)
Decommissioning and disassembly.
(a)
All applications for a solar energy facility (major/commercial) shall be accompanied by a decommissioning plan to be implemented upon abandonment of the use.
[1]
"Abandonment" is defined as the facility being out of service for a continuous twelve-month period.
[2]
Decommissioning process description.
[a]
The decommissioning and restoration process comprises removal of aboveground structures; grading, to the extent necessary; restoration of topsoil (if needed) and seeding. The process of removing structures involves evaluating and categorizing all components and materials into categories of recondition and reuse, salvage, recycling and disposal. The project consists of numerous materials that can be recycled, including steel, aluminum, glass, copper and plastics. In the interest of increased efficiency and minimal transportation impacts, components and material may be stored on site until the bulk of similar components or materials are ready for transport. The components and material will be transported to the appropriate facilities for reconditioning, salvage, recycling, or disposal. Aboveground structures include the panels, racks, inverters, pads and any interconnection facilities located on the property. The aboveground structures and below-ground structures are collectively referred to herein as the "project components."
[b]
Temporary erosion and sedimentation control best management practices will be used during the decommissioning phase of the project. Control features will be regularly inspected during the decommissioning phase and removed at the end of the process.
[3]
Project component removal. Control cabinets, electronic components, and internal cables will be removed. The panels, racks and inverters will be lowered to the ground where they may be transported whole for reconditioning and reuse or disassembled/cut into more easily transportable sections for salvageable, recyclable, or disposable components.
[4]
PV module removal. Solar photovoltaic modules used in the project are manufactured within regulatory requirements for toxicity based on toxicity characteristic leaching procedure (TCLP). The solar panels are not considered hazardous waste. The panels used in the project will contain silicon, glass, and aluminum which have value for recycling. Modules will be dismantled and packaged per manufacturer or approved recycler's specifications and shipped to an approved off-site recycler.
[5]
Component pad removal. Pads will be excavated to a depth sufficient to remove all anchor bolts, rebar, conduits, cable, and concrete to a depth of 24 inches below grade. The remaining excavation will be filled with clear subgrade material of quality comparable to the immediate surrounding area. The subgrade material will be compacted to a density similar to surrounding subgrade material. All unexcavated areas compacted by equipment used in decommissioning shall be decompacted in a manner to adequately restore the topsoil and subgrade material to the proper density consistent and compatible with the surrounding area.
[6]
Electric wire removal. DC wiring can be removed manually from the panels to the inverter. Underground wire in the array will be pulled and removed from the ground. Overhead cabling for the interconnection will be removed from poles. All wire will be sent to an approved recycling facility.
[7]
Racking and fencing removal. All racking and fencing material will be broken down into manageable units and removed from the facility and sent to an approved recycler. All racking posts driven into the ground will be pulled and removed.
[8]
Concrete slab removal. Concrete slabs used as equipment pads will be broken and removed to a depth of two feet below grade. Clean concrete will be crushed and disposed of off site.
[9]
Access road. During decommissioning, the processed stone access roads will be stripped, exposing the geotextile beneath. The geotextile will then be removed and disposed revealing the original soil surface. The compacted soil beneath the road fill may require ripping with a subsoiler plow to loosen it before it can be returned to crop production.
[10]
Site restoration process description. Following decommissioning activities, the subgrade material and topsoil from affected areas will be decompacted and restored to a density and depth consistent with the surrounding areas. If the subsequent use for the project site will involve agriculture, a deep till of the project site will be undertaken. The affected areas will be inspected, thoroughly cleaned, and all construction-related debris removed. Disturbed areas will be reseeded to promote revegetation of the area, unless the area is to be immediately redeveloped. In all areas restoration shall include, as reasonably required, leveling, terracing, mulching, and other necessary steps to prevent soil erosion, to ensure establishment of suitable grasses and forbs, and to control noxious weeds and pests.
[11]
Decommissioning terms. The project shall be decommissioned within 180 days of the end of the project's operational life. Areas disturbed during the decommissioning phase will be seeded with a drought-tolerant grass seed mix appropriate for the area, unless such areas are being immediately redeveloped for other uses.
(b)
The decommissioning plan shall contain the following provisions:
[1]
Provisions for the removal of all components of the facility/system from the site and the full restoration of the site to its predevelopment condition insofar as is feasible; and the safe disposal of all components of the facility/system, including the recycling of all recoverable materials, consistent with prevailing best practices relating to the disposal and recycling of photovoltaic waste.
[2]
Provisions that the Township 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.
[3]
A provision that within 60 days of service of the notice of abandonment, the land owner or facility operator shall apply for and obtain a demolition permit for the decommissioning in accordance with the decommissioning plan.
[4]
Provisions that, as a condition of site plan approval and prior to the issuance of any building permits, the landowner or operator of the facility shall obtain and submit to the Township a performance bond or other agreed-upon secured funding in a form approved by the Township Attorney to ensure that the decommissioning plan provides financial assurance that there will be sufficient funds available for decommissioning and site restoration. Such bond shall be in an amount, as determined in detail by the Township Engineer, which shall be adequate to cover the estimated cost of such removal. The form of such bond shall be approved by the Township Attorney. The bond shall not be subject to revocation or reduction prior to the completion of the work covered by the demolition permit and decommissioning plan and the full restoration of the site as required by the decommissioning plan. The decommissioning bond shall be reevaluated to reflect inflation every five years from the start of operations which shall be defined as the date of issuance of the certificate of occupancy for the generation of power. Such reevaluation shall be submitted no fewer than 30 days' prior to the end of the five-year period by the owner/operator and/or landowner to the Township Attorney and Township Engineer for review and approval. If the anticipated cost of decommissioning increases by 10% or more, the property owner or operator of the facility shall deposit additional funds into an escrow account or revise the bond or other surety to reflect the increased amount.
[5]
Measures to 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, as well as the schedule for the completion of all site restoration work in accordance with the decommissioning plan.
[6]
Provisions that, 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.
[7]
Provisions detailing the anticipated life of the project.
[8]
The estimated cost of decommissioning in current dollars and an explanation of how the cost was determined, which shall be prepared by a professional engineer or contractor who has expertise in the removal of solar facilities. Salvage value shall not be considered when determining the estimated decommissioning cost.
(c)
If said decommissioning has not been completed within the requisite 180-day period following issuance of the demolition permit, then the Township's Zoning Officer shall provide written notice by certified mail to the landowner requiring that decommissioning be completed within 30 calendar days of the receipt of said notice. If the decommissioning has not been completed within 30 calendar days of the receipt of said notice, the Township may collect the bond or other surety and undertake the decommissioning. The Township may charge the landowner and/or facility owner and operator for all of the costs and expenses thereof, including reasonable attorney's fees. Nothing herein shall prevent the Township from taking appropriate legal action to compel the decommissioning. All costs incurred by the Township shall be billed to the landowner and if not paid within 60 calendar days of billing, shall become a lien against the property.
C.
Small wind energy system as a conditional accessory use to an industrial use in the IND District, subject to meeting all of the following requirements:
(1)
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.
(2)
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 a permitted use.
(3)
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 have no step bolts, no ladder and no other means for climbing the tower.
(4)
A small wind energy system shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration.
(5)
The wind generator and the wind tower shall remain painted or finished in the color or finish that was originally applied by the manufacturer.
(6)
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.
(8)
Meteorological or met towers shall be permitted under the same standards, permit requirements, restoration requirements and permit procedures as small wind energy systems.
(9)
For wind speeds in the range of zero mph to 25 mph, 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.
(10)
Site plan approval and conditional use approval shall be required for the small wind energy system.
(11)
The application for conditional use/site plan approval shall include all of the following information:
(a)
A survey plan indicating property lines and physical dimensions of the property.
(b)
A survey plan indicating location, dimensions and existing structures on the property.
(c)
A plan indicating the proposed location and dimensions of the proposed wind tower.
(d)
A plan indicating the locations of any overhead utility easements on the property.
(e)
Proposed small wind energy system specifications, including manufacturer and model, rotor diameter, system height, tower height and tower type (freestanding or guyed).
(12)
A 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 pre-installation state. The owner of the land occupied by the small wind energy system shall be responsible for such removal.
(a)
The Zoning Officer may issue a notice of abandonment to the landowner of 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 owner 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 the wind generator and the wind tower 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.
(e)
If the owner fails to remove the wind generator and wind tower and other equipment in the time allowed under Subsection A(12)(d) above, the municipality may pursue legal action to have such equipment removed at the landowner's expense.
(13)
Termination of the principal industrial use of the lot shall terminate the conditional use approval and shall require immediate removal of the small wind energy system as provided in Subsection A(12) above.
§ 100-23 Lot area.
Each use shall have a minimum lot area of four acres.
§ 100-24 Lot frontage and width.
All lots shall have a minimum lot frontage of 80 feet and a minimum lot width of 200 feet.
§ 100-25 Setbacks.
No building or part of a building shall be closer than 200 feet to the nearest street center line.
§ 100-26 Yards.
A.
Front, side and rear yards shall be provided on each lot in accordance with the following requirements, and such yards shall not include or be used for parking, loading or storage structures or facilities:
(2)
Side yard and rear yard:
(a)
All lot lines adjacent to other lots within this district only shall be considered side lot lines.
(b)
All lot lines adjacent to other districts shall be considered rear lot lines.
(c)
Side yards shall be at least 25 feet in depth except where the owner(s) of the adjacent lot agree to waive this requirement, in which case no side yard is required. Satisfactory evidence of such waiver shall be furnished the Zoning Officer or the Planning Board if subdivision approval is involved with respect to an affected lot.
B.
Floodways. All land designated on the applicable Federal Insurance Administration Flood Hazard Boundary Map as within a special flood hazard area shall be considered a yard. All land designated as within such special flood hazard area may not be used for the erection of permanent or temporary structures.
§ 100-27 Height, coverage and floor area ratio.
A.
Height. No structure shall exceed 45 feet in height.
B.
Coverage. Not more than 25% of the lot area shall be covered by structures. Not more than 55% of the lot area shall be covered by structures and impervious surfaces.
[Amended 3-1-2022 by Ord. No. 2022-03]
C.
A floor area ratio of 0.35 or 35 square feet of floor area for each 100 square feet of lot area shall be the aggregate permitted maximum floor area of all structures on the lot.
§ 100-28 Access and traffic control.
In order to facilitate efficient traffic circulation within the site and to prevent traffic congestion, access and traffic control shall be provided for each lot in the following manner:
A.
Not more than two accessways per lot shall be permitted, and all accessways shall be from and to a county road.
[Amended 12-19-1995 by Ord. No. 1995-11]
B.
Each accessway shall be not less than 15 feet in width for one-way traffic and not less than 20 feet nor greater than 35 feet in width for two-way traffic.
C.
All accessways shall be paved with an asphaltic or concrete material so as to be hard surfaced, dust free, well drained and safe for ingress and egress of motor vehicles.
D.
Curb cuts shall not exceed 50 feet in width.
E.
No accessway shall be closer than 75 feet to another accessway or 25 feet to a side lot line or closer than 250 feet to any intersection of street lines.
F.
Speed-change lanes (acceleration and deceleration) may be required by the Planning Board when, in the judgment of the Township Engineer, sufficient vehicular volume is generated by the industry and traffic flow volume and patterns on the primary access street justify such requirement. Required speed-change lanes shall be designed in accordance with A Policy on Geometric Design of Rural Highways, Chapter VII, pages 341 through 358, copyright 1966, published by American Association of State Highway Officials, General Offices, 917 National Press Building, Washington, D.C., and be subject to approval of the Township Engineer.
G.
Access to the street shall be physically separated by a curb, planting strip or other suitable barrier against unchanneled traffic.
H.
All two-way accessways shall have appropriate lane markings and directional indicators.
I.
Lighting facilities shall be installed to light accessways adequately and shall be installed so as to reflect light downward and away from any adjoining lots and from any street.
J.
Traffic-directing signs may be required by the Planning Board where large traffic volumes would create congestions and unsafe conditions.
K.
The use of common accessways by two or more permitted uses shall be encouraged to reduce the number and closeness of access points along the highway and to encourage the frontage of structures upon drives and roadways other than public streets. Requirements specified in this section of this Part 1 shall be met by all common accessways.
§ 100-29 Off-street parking.
Off-street parking for each lot shall be provided in accordance with the following requirements:
A.
A minimum of one off-street parking space shall be provided for every two employees or combined employment of the two largest successive shifts, whichever is greater.
B.
Additional off-street parking spaces shall be provided for visitors, equal in number to 5% of the major shift employment.
C.
One additional off-street parking space shall be provided for every company car, truck, tractor and trailer normally stored at the plant site, and such space shall be reserved for this use.
D.
All accessory driveways shall be graded, surfaced, drained and suitably maintained to the satisfaction of the Township Engineer to the extent necessary to avoid nuisances of dust, erosion or excessive water flow across public streets.
E.
Parking areas shall be effectively landscaped from lot lines and streets. Landscaped walkways shall be utilized to transport people from parking area to plant area.
F.
Employee traffic shall be separated from truck lanes and loading areas.
G.
Off-street parking spaces shall be a minimum of 10 feet wide by 20 feet deep.
§ 100-30 Off-street loading.
Off-street loading shall be provided on each lot in accordance with the following requirements:
A.
All off-street loading shall take place on the lot on which the principal use is located and shall not occupy the required off-street parking space.
B.
For each structure containing at least 50,000 square feet of gross floor area, a minimum of one off-street loading space shall be required for the first 50,000 square feet of such floor area, and one additional space shall be required for each additional 50,000 square feet of such floor area or fraction thereof.
C.
The minimum dimensions of an off-street loading space shall be 14 feet in width, 60 feet in depth and 16 feet in overhead clearance.
D.
Truck loading facilities shall be designed so that trucks will not back in or out of a street. No curb cut will be permitted in the street where it parallels the off-street loading space.
§ 100-31 Signs.
Signs shall be permitted in this district under the following conditions:
A.
No moving or flashing parts are allowed. Neon and similarly illuminated signs are specifically prohibited.
B.
Not more than one freestanding sign shall permitted, provided that they meet the following specifications:
[Amended 3-1-2022 by Ord. No. 2022-03]
(1)
All such signs shall be set back a minimum distance of 20 feet from any street line and shall not be located as to interfere with the view of adjacent lots from the street.
(2)
The total height of any such sign shall not exceed 15 feet.
(3)
The lower edge of any such sign shall not be less than three feet above ground level.
(4)
The surface area of any such sign shall not exceed 40 square feet, except that a single sign for several uses within the district shall be encouraged, in which case the sign may not exceed 20 square feet per user or 80 square feet maximum, whichever is less.
(5)
Size restrictions for freestanding signs shall be based upon measurements of one side only. Both sides may be used.
C.
Not more than two attached signs shall be permitted per establishment, provided that they meet the following specifications:
[Amended 3-1-2022 by Ord. No. 2022-03]
(1)
Signs shall be part of or attached to the principal building and are limited to one per facade.
(2)
Signs shall be permanently attached to or constructed with said building and shall not extend more than six inches from the facade of the building.
(3)
The height of letters on such sign shall not exceed four feet.
(4)
No such sign shall extend above the roofline of the building to which it is attached.
(5)
The total advertising space of each permitted sign shall not exceed 100 square feet. However, when an attached sign is appended to a building facade that exceeds 100 linear feet the advertising space may be increased to a maximum of 200 square feet.
D.
Illumination of signs shall be in such a manner as to cause no glare or irritating light source to shine on a neighboring lot or street.
E.
Signs used to warn the public against hunting, fishing or trespassing are permitted, provided that no such sign exceeds two square feet in area.
F.
Signs will be permitted only on the same lot on which industry referred to is located or on which the products referred to are manufactured, except as permitted in Subsection B(4).
G.
Directional signs shall be permitted for traffic control and safety purposes. Directional signs may be illuminated and shall be limited to five square feet in area and six feet in height. The permitted number of directional signs is at the discretion of the Board.
[Added 3-1-2022 by Ord. No. 2022-03]
§ 100-32 Landscaping and screening.
The following regulations shall apply to all lots having a use described in § 100-21A through J of this Part 1 as a principal use:
A.
Landscaping. All areas not devoted to buildings or structures, parking, accessways, barriers, screening, loading or drives, streets or pedestrian walks shall be landscaped with grass, trees or shrubs.
B.
Screening. Lots in this district which adjoin or abut another district or a street shall be permanently screened by a wall, fence, evergreen hedge or other suitable planting of a minimum height of four feet when necessary to shield adjacent districts or roads from parking lot illuminations, headlights, fumes, blowing papers, noise and dust, storage areas and to reduce the visual encroachment of industrial architecture, signs and activity on residential privacy and neighborhood character. There shall be no signs or advertising permitted on the facades of screening visible from adjoining residential districts.
C.
Floodplains. A minimum of 15% of all special flood hazard areas designated on the applicable Federal Insurance Administration Flood Hazard Boundary Map shall be planted with a minimum coverage of 15% trees or shrubs designed to prevent erosion in the event of flooding. Remaining areas within floodplains shall be planted with grass or other suitable ground cover or left in a state of natural vegetation.
§ 100-33 Performance standards.
A.
Smoke. There shall be no emission of smoke which would be prohibited by Chapter IV of the New Jersey Air Pollution Control Code, promulgated pursuant to the Authority of the Air Pollution Control Act (1954), as amended (N.J.S.A. 26:2C).
B.
Control of dust, dirt and fly ash. Dust and dirt shall be controlled to the extent that no emission shall be made which can cause or causes any damage to human health, animals or vegetation or other forms of property or which can cause or causes any excessive soiling at any point beyond the lot on which the use creating the emission is located. There shall be no emission of fly ash which is prohibited by Chapter V of the New Jersey Air Pollution Control Code, promulgated pursuant to the authority of the Air Pollution Control Act (1954), as amended (N.J.S.A. 26:2C).
C.
Odor control. There shall be no emission of odorous gases or other odorous matter in such quantities as to be offensive beyond the lot on which the use creating the emission is located. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system so that control will be maintained if the primary safeguard system should fail. There is hereby established, as a guide to determining quantities of odors which are so offensive, Table III in Chapter V, of the Air Pollution Abatement, Manual for Determination of Toxic Pollutants, a publication, copyright 1951, by Manufacturing Chemists Association, Inc., Washington, D.C.
D.
Glare and heat. No operation shall be carried on which produces heat or glare beyond the lot line on which the use is located. Industrial and exterior lighting shall be used in such a manner that it produces no glare on streets and neighboring lots.
E.
Noxious gases. No noxious, toxic or corrosive fumes or gases shall be emitted, and reference shall be made to Table I, Industrial Hygienics Standards, Maximum Allowable Concentration, in Chapter V of said Air Pollution Abatement Manual for Determination of Toxic Pollutants, as a guide in connection herewith.
F.
Liquid and solid wastes. There shall be no discharge at any point of treated or untreated sewage or industrial waste or other substance into any stream, lake, reservoir or into the ground which may contaminate human or animal water supplies or otherwise endanger human health or welfare. All methods of sewage and industrial waste treatment and disposal shall be approved by the New Jersey State Department of Health and Senior Services. No effluent shall contain any acids, ores, dust, toxic metals, corrosive or other toxic substances which may cause odors, discolor, poison or otherwise pollute streams and waterways in any way. There shall be no accumulation of solid wastes conducive to the breeding of rodents or insects.
G.
Noise control. At the specified points of measurement, the sound pressure level of noise radiated continuously from a facility shall not exceed the values given in Table I, hereinafter set forth, in any octave band of frequency. The sound pressure level shall be measured with a sound level meter and an octave band analyzer that conforms to specifications published by the American Standards Association.
Table I | ||
|---|---|---|
Maximum Permissible Sound Pressure Levels at Specified Points of Measurement for Noise Radiated Continuously From a Facility Between the Hours of 10:00 p.m. and 7:00 a.m. | ||
Frequency Band (cycles per second) | Maximum Permitted Sound Pressure Levels (decibels) | |
20 to 75 | 69 | |
75 to 150 | 54 | |
150 to 300 | 47 | |
300 to 600 | 41 | |
600 to 1,200 | 38 | |
1,200 to 2,400 | 38 | |
2,400 to 4,800 | 38 | |
Above 4,800 | 38 | |
NOTE: If the noise is not smooth and continuous and is not radiated between 10:00 p.m. and 7:00 a.m. one or more of the corrections in Table II, hereinafter set forth, shall be added to or subtracted from each of the decibel levels given above in Table I. | ||
Table II | ||
|---|---|---|
Type of Operation or Character of Noise | Corrections (decibels) | |
Daytime operation only | +5 | |
Noise source operates less than 20% of any 1-hour period | +5 | |
Noise source operates less than 5% of any 1-hour period | +10 | |
Noise source operates less than 1% of any 1-hour period | +15 | |
Noise of impulsive character | -5 | |
Noise of periodic character | -5 | |
NOTE: Measurements shall be made at a point 50 feet distant from the source or at the lot line, whichever is closer. | ||
H.
Fire and explosion hazards. All activities and all storage of flammable and explosive materials at any point shall be provided with adequate safety devices against the hazard of fire and explosion, and adequate fire-fighting and fire suppression equipment and devices furnished by the owner.
I.
Storage and waste disposal. No highly flammable or explosive liquids, solids or gases shall be stored in bulk above the ground, with the exception of tanks or drains of fuel directly connecting with energy devices, heating devices or appliances located on the same lot as the tanks or drums of fuel.
J.
Vibration. No industrial activity shall produce vibration which shall cause a displacement exceeding 0.003 of one inch as measured at the lot line.
§ 100-34 Utilities.
The following regulations shall apply to all lots having a use described in § 100-21A through J of this Part 1 as a principal use:
A.
Sanitary sewer. Every sanitary sewage disposal system on each lot shall be connected to and discharge its sanitary sewage into an adequate public sewage system approved by the Township Engineer as well as the New Jersey State Department of Environmental Protection.
B.
Storm sewer. Every lot shall contain a stormwater system designed to prevent stormwater runoff to adjacent lots and streets at rates greater than rates prior to construction. Additional runoff may be directed to adjacent streams upon approval of runoff calculations and designs acceptable to the Township Engineer.
(1)
Retention ponds may be approved by the Township Engineer, provided that such ponds shall be completely enclosed by fencing at least four feet high with maximum openings of 15 square inches and not more than two operable openings which are to be kept locked when not in use. Such fencing is to be screened by planting when visible from streets or adjacent residential areas.
(2)
In the event that a storm sewer line shall cross a sanitary sewer line, the storm sewer line shall be above.
C.
Water. The owner or developer of each tract shall provide evidence of sources of adequate water which shall be submitted for approval to the Township Engineer prior to final site plan approval.
§ 100-35 Industrial use permit; site plan review.
Prior to using any land, or to erecting, altering or occupying any structure for any use permitted in § 100-21A through J of this Part 1, site plan approval pursuant to Chapter 100, Part 2, Development Regulations, shall be obtained.
B.
Following site plan approval as above described, an industrial use permit shall be issued by the Zoning Officer, provided that all improvements required by such site plan approval have been installed or constructed and the building, structure or use is ready for occupancy.
C.
Each site plan submitted shall be at a scale of one inch equals 10, 20, 30, 40 or 50 feet. All plans shall be certified by a licensed architect or engineer, with accurate lot lines certified by a New Jersey licensed land surveyor, submitted on one of four of the following standard sheet sizes (8 1/2 inches by 13 inches, 15 inches by 21 inches, 24 inches by 36 inches or 30 inches by 42 inches), and including the following data (If one sheet is not sufficient to contain the entire territory, the map may be divided into sections to be shown on separate sheets of equal sizes, with references on each sheet to the adjoining sheets.): boundaries of the lot; north arrow; data; scale; zone district(s) in which the lots are located; existing and proposed streets and street names; existing and proposed contour lines at two foot intervals inside the lot and within 50 feet of the lot boundaries; title of plans; existing and proposed streams and easements; flood hazard areas; building coverage in square feet and percent of lot; total number of parking spaces; all dimensions needed to confirm conformity to this Part 1, such as but not limited to buildings, lot lines, parking spaces, setbacks and yards; a key map giving the general location of the parcel to the remainder of the municipality; and the site in relation to all remaining lands in the applicant's ownership.
[Amended 4-4-1984 by Ord. No. 84-2]
D.
Each site plan submitted to the Planning Board for approval shall have the following information shown thereon or be annexed thereto:
[Amended 4-4-1984 by Ord. No. 84-2]
(1)
Size, height, location and arrangement of all existing and proposed buildings, roads, buildings or other significant physical features within 50 feet of the lot, structures and signs in accordance with the requirements of this Part 1, including an architect's rendering of each building or typical building and sign showing front, side and rear elevations and the proposed use of all structures.
(2)
Proposed circulation plans, including accessways, curbs, aisles and lanes, easements, fire lanes, driveways, parking spaces, loading areas, pedestrian walks and all related facilities for the movement and storage of goods, vehicles and persons on the site in accordance with applicable requirements of this Part 1, including the location of lights, lighting standards and signs and driveways within the tract and within 50 feet of the lot. Plans shall be accompanied by typical cross sections of streets, aisles, lanes and driveways which shall adhere to applicable Township requirements.
(3)
Existing and proposed wooded areas, buffer areas and landscaping shall be shown on a plan. The landscaping plan, including seeded and/or sodded areas, grading, retaining walls, fencing, signs, recreation areas, shrubbery, trees and buffer areas, shall be in accordance with applicable requirements of this Part 1. These plans shall show the location and type of any man-made improvement and the location, species and caliper of plant material for all planted or landscaped areas.
(4)
The proposed location of all drainage, sewage and water facilities with proposed grades, sizes, capacities and types of materials to be used, including any drainage easements acquired or required across adjoining properties. The method of sewage and waste disposal shall be disclosed. If an on-site septic system is proposed, a septic system design conforming to applicable state, county and Township standards shall be provided. Proposed lighting facilities shall be included showing the direction and reflection of the lighting.
(5)
The proposed phasing of all of the above, including initial construction plans and proposed ultimate growth plan with anticipated completion dates for all phases.
(6)
A written description of the proposed operations of the building(s), including the number of employees or members; the proposed number of shifts to be worked and the maximum number of employees on each shift; expected truck and tractor-trailer traffic, emission of noise, glare and air and water pollution; safety hazards; and anticipated expansion plans incorporated in the building design. Where the applicant cannot furnish the information required herein because of nondetermination of use, site plan approval may be conditionally granted subject to further review and approval of the applicant's final plans.
E.
Each site plan submitted to the Planning Board for approval shall be accompanied by an environmental impact statement which shall address the following issues and items:
(1)
The anticipated impact of the proposed project on the environment in terms of traffic, population, noise, water supply, water runoff, sewage, electrical demand and aesthetics.
(2)
The compatibility of the proposed development with the development goals as expressed in the Township Master Plan.
(3)
The commitment of natural resources such as water, gas and electrical as a result of the proposed development. Signed statements from the managers of the various utilities affected must be included stipulating that the proposed development will:
(4)
If the proposed development requires the clearing of a forested area, the damage to select stands of native trees and the serious effect of natural wildlife in the area.
(5)
All changes in natural water runoff and the ultimate disposal of the stormwaters collected within the proposed site described in detail. The environmental effects of the runoff and the location of the stormwater discharge points must be discussed to ensure that no substantial increases in flooding will occur as a result of the development.
(6)
All changes in air pollution, noise levels and other environmental quality indices which may result from the proposed development must be specifically discussed in the report.
F.
Prior to the issuance of an industrial use permit, proof must be submitted to the Planning Board by the applicant that the performance standards contained in § 100-33 of this Part 1 will be complied with. If there is any reasonable doubt that the intended use will conform to any of said performance standards, the Planning Board shall request from the applicant a fee, as established in Chapter 83, Fees, for each section in doubt, which will be used to defray the cost of a special report to the Planning Board by an expert consultant qualified to advise on conformance to the required standard, and any portion of such fee not necessary to defray such cost shall be returned to the applicant. Said report shall be made within 30 days of the request and copies of it made available to the applicant.[1]
G.
The Planning Board shall review the proposal, determine whether or not the applicable standards provided by this Part 1 have been observed, note objections to such parts of the plans as do not meet the standards, make corrections and recommendations for desired changes to affect compliance with this Part 1 and be satisfied that the site plan represents the most desirable alternative for development of the site in compliance with this Part 1 and, when satisfied that the site plan complies with the requirements of this Part 1, shall approve the site plan. No industrial use permit shall issue until the Planning Board has determined that the proposal, including the site plan, complies with the requirements of this Part 1.
H.
If, with respect to the development requiring site plan approval, water is to be supplied (either through a private, semiprivate or public system) to the site from a well or wells, the site plan submitted to the Planning Board for approval shall be accompanied by the following and approved only on compliance with the following:
[Amended 12-30-1981 by Ord. No. 81-23]
(1)
Water supply budget.
(a)
(b)
The above-mentioned budget shall show the total water demand served by the water supply system providing water to the proposed development, including any water demand generated by already existing development served by such water supply system. The budget shall also show that applicant owns or has obtained the right to withdraw groundwater from, or a release as to withdrawal of groundwater from, an area of land which is sufficient in acreage to provide a water supply necessary to meet the total water demand served by said water supply system and based on such supply withdrawing groundwater by such wells at a rate not exceeding the safe sustained yield of applicable aquifers calculated from Appendix C.[5] The area of land referred to shall encompass said wells and as to each such well shall be contiguous or separated only by streets or roads.
[5]
Editor's Note: Appendix C is located at the end of this chapter.
(2)
As to any use of any new well in connection with furnishing such water supply and which, according to such approved water supply budget, would require a water supply capacity exceeding 25 gallons per minute, pump-test data shall be supplied for such well. Such data shall arise from an aquifer pump test of such well as follows:
(a)
The test shall be of at least 12 hours' duration and until either a steady state of drawdown is reached or a point as nearly as practicable to such state is reached.
(b)
The discharge area from such test well shall be suitably distant from the pumping of observation wells.
(c)
As to the pumping or test well, there shall be furnished measurement of the static water level, drawdowns levels, recovery levels, discharge rate and discharges volume, as well as one set of chemical samples taken during the test.
(d)
An observation well to the test well, or observation wells if more than one is appropriate to furnish adequate test results, shall be utilized. As to such observation well(s), there shall be furnished measurement of static, drawdown and recovery water levels. Such observation well(s) shall be in hydrologic continuity with the test well and a suitable distance (approximately 0.5 to one and 1.5 of the depth of the test well) from it. Notification shall be given by the applicant to the Township Engineer at least 48 hours prior to any time when it is proposed to obtain measurements from such observation well(s), and such Engineer shall be permitted, if he desires to do so, to observe the operations during which the measurements are taken.
(3)
Substantiation and determination by the Planning Board that the use of the proposed new or expanded well for the development will not have a significant adverse effect on other existing water supplies. A depletion of more than 50% of the original available drawdown (as revealed by original well completion test data or other such source) of such existing wells arising during the operation of the proposed new or expanded well shall be deemed a significant adverse effect as referred to above.
(4)
A description disclosing the identity of the owner and the location of the involved well, and a description of the involved pumping apparatus and distribution system.
(5)
Use of wells.
(a)
As to any development involving the use of a well or wells in connection with furnishing such water supply and which, according to such approved water supply budget, would required a capacity of such water supply in excess of 25 gallons per minute, the applicant shall be permitted, upon submission of pump-test data for the involved well(s) as is required above, as well as any additional data which may reasonably be required by the Planning Board, to attempt to establish to the satisfaction of the Planning Board that:
[1]
With the water supply system involved withdrawing groundwater by such wells at a rate not exceeding the safe sustained yield of the applicable aquifer (such yield being an amount which will not, considering climatic abnormalities such as drought, on a sustained basis exceed the available groundwater recharge of the aquifer).
(b)
The Planning Board may consider in reaching its decision competent evidence supplied by any consultant retained by the Board, as well as such evidence supplied by the applicant and other interested parties. The Planning Board shall approve such smaller land area only if the validity of using such smaller land area, rather than that required by a calculation under Subsection H(1), is established by a preponderance of the substantial credible evidence.
I.
If, with respect to the development requiring site plan approval, water is to be supplied to the site from a well which is an already existing well serving as a water supply for a public water supply system, the site plan submitted to the Planning Board or Board of Adjustment, as the case may be, for approval shall be accompanied by a description identifying the owner and location of the water supply system, the location of the existing distribution point to which the proposed development would be connected and documentary proof that the water supply facility has available excess capacity in terms of its allowable diversion and equipment to supply the proposed development and is willing to do so.
[Amended 12-30-1981 by Ord. No. 81-23]
§ 100-36 Wireless telecommunications towers and antennas.
A.
Purpose.
(1)
The purpose of this section is to establish general guidelines and regulations for the siting of wireless communications towers and antennas. The goals of this section are to
(a)
Protect residential areas and land uses from potential adverse impacts of towers and antennas.
(b)
Encourage the location of towers in nonresidential areas.
(c)
Minimize the total number of towers throughout the community.
(d)
Strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers.
(e)
Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal.
(f)
Encourage users of towers and antennas to configures them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening and innovative camouflaging techniques.
(g)
Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently.
(h)
Consider the public health and safety of communication towers.
(i)
Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.
(2)
In furtherance of these goals, the Township shall give due consideration to the Township's Master Plan, Zoning Map, existing land uses, and environmentally sensitive areas, in approving sites for the location of towers and antennas. This section further seeks to comply with the mandate of the Federal Telecommunications Act of 1996, 47 U.S.C. § 322(c)(7), which preserves local government authority to manage, with respect to cellular and other wireless telecommunications services, to enforce zoning requirements that protect public safety, public and private property and community aesthetics. This section expressly recognizes that the New Jersey Supreme Court, in Smart SMR of New York, Inc., v. Borough of Fair Law Board of Adjustment, 152 N. J. 309 (1998), has declared that wireless telecommunications facilities are not inherently beneficial uses and that the facility use must be particularly suited for the proposed site.
B. ANTENNA APPROVING AUTHORITY BACKHAUL NETWORK FAA FCC HEIGHT PREEXISTING TOWERS and PREEXISTING ANTENNAS STEALTH TOWER STRUCTURE TOWER
Definitions. As used in this § 100-36, the following terms shall have the meanings set forth below:
Any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiates or captures electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communications signals.
The Planning Board with respect to conditional use permits, Zoning Board of Adjustment with respect to variance requests pursuant to N.J.S.A. 40:55D-70d(1) and (3), or the Zoning Officer for permitted uses with respect to this section and applicable Township Code provisions as well as applicable state and federal law.
The lines that connect a provider's tower/cell sites to one or more cellular telephone switching offices and/or long distance providers or the public switched telephone network.
The Federal Aviation Administration.
The Federal Communications Commission.
When referring to a tower or other structure, the distance measured from the lowest finished grade of the base of the tower to the highest point on the tower or other structure, including the base pad and any antenna.
Any tower or antenna for which a construction permit or other permit has been properly issued prior to the effective date of this section, including permitted towers or antennas that have not yet been constructed, so long as such approval is current and not expired, and including any tower or antenna that is presently a permitted use pursuant to the Township Code on property owned, leased or otherwise controlled by the Township of Holland.
Man-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.
Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers or monopole towers. Guyed towers are not permitted within the Township. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures and the like. The term includes the structure and any support thereto.
C.
Applicability.
(2)
Amateur radio station operators/receive-only antennas. This section shall not govern any tower, or the installation of any antenna, that is under 70 feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas.
(4)
Satellite dish antennas. This section shall not govern any parabolic satellite antennas.
D.
General requirements.
(1)
Principal or accessory use. Antennas and towers may be considered either principal or accessory uses. Notwithstanding any other provision of this Chapter 100, a different 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 that 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)
Lot size. For purpose of determining whether the installation of a tower or antenna complies with zone development regulations, including but not limited to setback requirements, lot coverage requirements and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot.
(3)
Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the approving authority an inventory of its existing towers, antennas or sites approved for towers or antennas that are either within the jurisdiction of the Township or within 12 miles of any border thereof, including specific information about the location, height and design of each tower. The Zoning Officer may share such information with other applicants applying for administrative approvals or permits under this section or other organizations seeking to locate antennas within the jurisdiction of the Township; provided, however, that the Zoning Officer is not by sharing such information, in any way representing or warranting that such sites are available or suitable.
(4)
Aesthetics. Towers and antennas shall meet the following requirements:
(a)
Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA or the Township, 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 out of public view (visible from a public street, public land and public buildings) behind existing structures, buildings or terrain features which will shield the buildings and related structure from view without blocking the transmission signals. The forgoing may include, but shall not necessarily be limited to, stealth measures such as special paint treatment, concealment through such architectural means as a bell tower, steeple, etc., or the use or camouflage through simulated foliage so as to appear as a tree.
(c)
If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structures so as to make the antenna and related equipments as visually unobtrusive as possible.
(5)
Lighting. Towers shall not be artificially lit, unless required by the FAA. It is the intent of the Township that towers shall not exceed FAA height standards that would require lighting. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views, while still complying with both FAA and FCC standards and regulations.
(6)
State or federal requirements. All towers must met or exceed current standards and regulations of the FAA, the FCC and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this section shall bring such towers and antennas into compliance with such revised standards and regulations 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 emulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.
(7)
Construction codes; safety standards. 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 construction codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the Township 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 removal of the tower or antenna at the owner's expense.
(8)
Not essential services or inherently beneficial uses. Towers and antennas shall be regulated and permitted pursuant to this section and shall not be regulated or permitted as inherently beneficial uses, essential services, public utilities or private utilities.
(9)
Franchises. Owners, and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in the Township have been obtained and shall filed a copy of all required franchises with the Zoning Officer.
(10)
Public notice. For purposes of this section, any conditional use or variance request shall require public notice to all abutting property owners and all property owners of properties that are located within the corresponding separation distance listed in Subsection F(6), Table 1, in addition to any notice otherwise required by the Township Code or other applicable state or federal law.
(11)
Signs. No signs shall be allowed on an antenna or tower.
(12)
Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of Subsection G.
(13)
Multiple antenna/tower plan. The Township encourages the users of towers and antennas to collocate antennas where technically, practically and economically feasible. Applications for approval of collocation sites shall be given priority in the review process.
E.
Permitted uses.
(1)
General. The uses listed in this subsection are deemed to be permitted uses and shall not require a conditional use permit or variance application.
(2)
Permitted uses. The following uses are specifically permitted:
(a)
Antennas or towers located on property owned, leased or otherwise controlled by the Township, provided that a license or lease authorizing such antenna or tower has been approved by the Township. However, the Township may, as a condition of such lease, require site plan approval. The decision to extend such leases to an applicant shall be vested solely with the Township, shall not be governed by this section and shall be subject to the bidding requirements of the Local Lands and Buildings Law.[1] The Township, in its absolute discretion, reserves the express right to deny all use of its property for antennas or towers. Preexisting towers and antennas are exempt from the application of this subsection.
[1]
Editor's Note: See N.J.S.A. 40A:12-1 et seq.
(b)
Any antenna which is not attached to a tower pursuant to Subsection E(2)(a) may be attached to any existing business, industrial, officer or institutional structure, or electricity transmission line tower, located in the IND Zone, or to any agricultural structure or electricity transmission line tower in the R-5 Zone, provided that:
[Amended 7-3-2001 by Ord. No. 2001-8]
[1]
The antenna does not exceed 10 feet more than the maximum building height for the zone wherein the structure is located or the height of the existing structure to which the antenna is attached, whichever is higher; except that in the case of an antenna attached to an electricity transmission line tower the antenna does not exceed 15 feet more than the height of such tower.
[2]
The antenna complies with all applicable FCC and FAA regulations.
[3]
The antenna complies with all applicable building codes.
F.
Conditional use permits and variance applications.
(1)
List of conditional uses. The following uses may be approved by the applicable approving authority as conditional uses:
(a)
Antennas on existing towers consistent with the terms of Subsection F(1)(a)[1][a] and [b] below.
[1]
An antenna may be attached to an existing tower in the IND and R-5 Zones and, to minimize adverse visual impacts associated with the proliferation and clustering of towers, co-location of antennas by more than one carrier on existing towers shall take precedence over the construction of new towers, provided that such collocation is accomplished in a manner consistent with the following:
[a]
A tower which is modified or reconstructed to accommodate the co-location of an additional antenna shall be of the same tower type as the existing tower, unless the approving authority specifically allows reconstruction as a monopole.
[b]
Height.
[i]
An existing tower may be modified or rebuilt to a taller height not to exceed the maximum tower height established by this section.
(b)
New towers.
[1]
New towers may be constructed to hold antennas. In addition to any information required for applications for conditional use permits pursuant to applicable Township Code provisions and state law, applicants for a conditional use permit or a variance for a tower shall submit the following information to the approving authority:
[a]
A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent and uses and zoning (including when adjacent to other municipalities), Master Plan classification of the site and all properties within the applicable separation distances set forth in Subsection F, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking and other information deemed by the approving authority to be necessary to assess compliance with this section.
[b]
A legal description of the entire tract and leased parcel (if applicable).
[c]
The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties and unplanted residentially zoned properties.
[d]
The separation distance from other towers described in the inventory of existing sites submitted pursuant to Subsection D(3) shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known.
[e]
A landscape plan showing specific landscape materials, including species type, size, spacing and existing vegetation to be removed or retained.
[f]
Method of fencing and finished color and, if applicable, the method of camouflage.
[h]
A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users.
[i]
Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the Township.
[j]
A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower.
[k]
A description of the feasible locations of future towers or antennas for the applicant within the Township, based upon existing physical, engineering, technological or geographical limitations in the event that the proposed tower is erected.
[l]
A visual study depicting where, within a one-mile radius, any portion of the proposed tower could be seen.
[m]
A letter of commitment to lease excess space to other potential users at prevailing market rates and conditions. The letter of commitment shall be in a form suitable for recording with the Hunterdon County Clerk prior to the issuance of any permit and shall commit the tower owner(s), property owner(s) and their successors in interest.
[n]
Documentary evidence regarding the need for the tower, which information shall identify the existing coverage areas to demonstrate the need for the new tower at a particular location within the Township. The evidence shall include a radio frequency engineering analysis of the search area for the tower.
(2)
Factors considered in granting conditional use permits or variances for towers. In addition to any standards for consideration of conditional use permit applications pursuant to any other provisions of this chapter, the approving authority shall consider the following factors in determining whether to grant a variance or to issue a conditional use permit:
(a)
Height of the proposed tower.
(b)
Proximity of the tower to residential structures and residential district boundaries.
(c)
Nature of uses on adjacent and nearby properties.
(d)
Surrounding topography within a radius of five miles.
(e)
Surrounding tree coverage and foliage within a radius of five miles.
(f)
Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness.
(g)
Proposed ingress and egress.
(h)
Availability of suitable existing towers, other structures or alternative technologies not requiring the use of towers or structures as discussed in Subsection F(4) of this section.
(i)
Availability of proposed tower to other potential users.
(j)
All relevant criteria set forth by the New Jersey Supreme Court in Smart SMR of New York, Inc., v. Borough of Fair Lawn Board of Adjustment, 152 N.J. 309 (1998), including whether the proposed tower is particularly suited for the proposed site.
(3)
Applicant to demonstrate efforts to site new antennas; priority schedule.
(a)
The applicant shall demonstrate efforts to site new wireless antennas, equipment or towers within the applicant's search area according to the priority schedule below. Such demonstration shall include the block and lot of any parcel for which the wireless provider has attempted to secure a lease or purchase agreement and copies of all correspondence by or between the wireless provider and the property owner.
Priority Zone | |
|---|---|
1 Municipally owned property | |
2 Antennas on existing structures in the IND Zone | |
3 Towers in the IND Zone | |
4 Antennas on existing structures in the R-5 Zone | |
5 Towers in the R-5 Zone |
(b)
For applications for sites in priority area five in § 100-36F(3)(a) above, the applicant shall, in addition to the demonstrations required in § 100-36F(3)(a), submit a statement setting forth that the applicant examined at least two sites other than the site that is the subject of the application and the reasons said sites were not acceptable to the applicant.
(4)
Availability of suitable existing towers, other structures or alternative technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the approving authority that no existing tower structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the approving authority related to the availability of suitable existing towers, stealth tower structures, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following:
(a)
No existing towers or structures are located within the geographic area which meet the applicant's engineering requirements.
(b)
Existing towers or structures are not of sufficient height to meet the applicant's engineering requirements.
(c)
Existing towers or structures do not have sufficient structural strength to support the applicant's proposed antenna and related equipment.
(d)
The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.
(e)
The fees, costs or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.
(f)
The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
(g)
The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low-powered transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.
(5)
Setbacks. The following setback requirements shall apply to all towers for which a variance or conditional use permit is required:
(a)
Towers must be set back a distance equal to at least 120% of the height of the tower from any adjoining lot line and all nonappurtenant buildings.
(b)
Accessory buildings must satisfy the minimum zoning district setback requirements.
(c)
No tower shall exist within required buffer or conservation easement areas if adjacent to residential zones and as prescribed under local ordinance.
(6)
Separation. The following separation requirements shall apply to all towers for which a variance or conditional use permit is required:
[Amended 7-3-2001 by Ord. No. 2001-8]
(a)
Separation from off-site uses/designated areas.
[1]
Tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/or designated areas as specified in Table 1, except as otherwise provided in Table 1.
[2]
Separation requirements for towers shall comply with the minimum standards established in Table 1.
Table 1 | |
|---|---|
Separation From Off-Site Uses/Designated Areas | |
Off-Site Use/Designated Area | Separation Distance |
Base of tower to: | |
Residential, buildings, public parks and buildings, public or private schools, municipal buildings (unless the tower is located on the site of a municipal building itself), libraries or houses of worship and any site designated on the federal, state or municipal historic register | 500 feet or 300% of the height of the tower, whichever is greater. |
Vacant residentially zoned land | 500 feet or 300% of the height of the tower, whichever is greater. |
Nonresidentially zoned lands or nonresidential uses | At least 120% of the height of the tower from any adjoining lot line and all nonappurtenant buildings. |
(b)
Separation distances between towers. Separation distances between towers shall be applicable for and measured between the proposed tower and preexisting towers. The separation distances shall be measured by thawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. The separation distances (listed in linear feet) shall be as shown in Table 2.
Table 2 | |||
|---|---|---|---|
Separation Distances Between Towers-Types | |||
Lattice (linear feet) | Monopole 100 Feet or Greater in Height (linear feet) | Monopole Less Than 100 Feet in Height (linear feet) | |
Lattice | 5,000 | 1,500 | 750 |
Monopole 100 feet or greater in height | 1,500 | 1,500 | 750 |
Monopole less than 100 feet | 750 | 750 | 750 |
(7)
Security fencing. Towers shall be enclosed by security fencing not less than eight feet in height and shall also be equipped with appropriate anticlimbing measures.
(8)
Landscaping. The following requirements shall govern the landscaping surrounding towers for which a conditional use permit is required:
(a)
Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from property used for residences or planned residences. The standard buffer shall consist of a landscaped strip at least 10 feet wide outside the perimeter of the compound.
(b)
In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced.
(c)
Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer.
(10)
Lot size. In addition to the requirements of Subsection D(2), the minimum lot size for any new tower shall be as required by the zoning district in which located.
(11)
General requirements. The following provisions shall govern the issuance of conditional use permits or variances for towers or antennas by the approving authority:
(a)
If the tower or antenna is not a permitted use under Subsection E of this section, then a variance or conditional use permit shall be required for the construction of a tower or the placement of an antenna at designated sites or zoning districts.
(c)
In granting a conditional use permit or variance, the approving authority may impose conditions to the extent that the approving authority concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.
(d)
Any information of an engineering nature that the applicant submits, whether civil, mechanical or electrical, shall be certified by a licensed professional engineer.
(e)
(f)
No towers or antennas shall be permitted as conditional uses in residential or public use zone districts unless located upon property owned by the Township and subject to the provisions of Subsection E(2).[3]
[3]
Editor's Note: Former Original F(11)(f), regarding placement of towers and antennas, was repealed 7-3-2001 by Ord. No. 2001-8.
(g)
The application fee and escrows shall be paid as required herein.
G.
Buildings or other equipment storage.
(1)
Antennas mounted on structures or rooftops. The equipment cabinet or structure used in association with antennas shall comply with the following:
(a)
The cabinet or structure shall not contain more than 200 square feet of gross floor area or be more than 10 feet in height. In addition, for buildings and structures which are less than 48 feet in height, the related unmanned equipment structure shall be located on the ground and shall not be located on the roof of the structure.
(b)
If the equipment structure is located on the roof of a building, the area of the equipment structure and other equipment and structures shall not occupy more than 10% of the roof area.
(c)
Equipment storage buildings or cabinets shall comply with all applicable building codes.
(2)
For antennas located on towers, the related unmanned equipment structure shall not contain more than 200 square feet of gross floor area or be more than 10 feet in height and shall be located in accordance with the minimum accessory structure requirements of the zoning district in which located.
(3)
Structures or cabinets shall be screened from view of all properties which abut or are directly across the street from the structure or cabinet by a security fence eight feet in height or an evergreen hedge with an ultimate height of eight feet and a planted height of at least six feet.
H.
Removal of abandoned antennas and towers. Any antenna or tower that is not operated for a continuous period of six months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within 90 calendar days of receipt of notice from the Township notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within said 90 calendar days shall be grounds for the Township to require removal of the tower or antenna at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower. The Township may condition the issuance of any permit to construct a tower or antenna on the posting of an appropriate performance bond or other suitable guaranty in a face amount of not less than 120% of the cost to remove the tower and restore the property as determined by the Township Engineer for such construction as required under all applicable Township ordinances.
I.
Existing towers; rebuilding damaged or destroyed nonconforming towers or antennas. Nonconforming towers or antennas that are damaged or destroyed may not be rebuilt without having to first obtain approval from the approving authority and without having to meet the separation requirements specified in Subsection F. 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 tower or antenna shall be deemed abandoned as specified in Subsection H.
§ 100-43 Permitted uses.
In the R-1 and R-5 Residential Districts, no lot or structure shall have as a principal use, and no structure shall be located, relocated, erected, constructed, reconstructed, enlarged or structurally altered for the purpose of any principal use, except the following:
A.
Agricultural uses subject to the following limitations:
(1)
The following agricultural uses are permitted in the R-5 District only, provided that no structure for feed storage, fertilizer storage or shelter of animals shall be closer than 100 feet to any lot or street line or district boundary:
(a)
Raising and harvesting crops and truck gardening.
(b)
Horticulture, excluding retail sales of products.
(c)
Growing and harvesting of timber.
(d)
The raising of fewer than 50 domestic fowl, game birds or small animals but not operated primarily as a commercial enterprise.
(e)
The keeping of not more than one horse, one head of beef or dairy cattle or one sheep on any lot three acres or larger, with one additional head of one such animal allowed for each additional acre of lot over three acres, except that commercial veal operations are expressly prohibited in Holland Township.
(2)
The raising and breeding of an unspecified number of horses, ponies, sheep, goats, game birds, beef cattle and dairy cattle (except commercial veal operations) in the R-5 District only, on lots of at least 10 acres in area, provided that no structure for the shelter of livestock, feed storage or fertilizer storage shall be located closer than 250 feet to any lot or street line or district boundary.
(3)
Notwithstanding any of the foregoing, the raising of livestock as a student, 4-H or similarly sponsored project on any lot of at least three acres in area is permitted in any R District.
(4)
In the R-5 District only, on lots of at least 10 acres in area, farms for the raising and breeding of 50 or more fowl, provided that no structure for the shelter of such livestock shall be located closer than 300 feet to any side or rear lot line or district boundary nor closer than 175 feet to any street line.
(5)
In the R-5 District only, on lots of at least 10 acres in area, kennels for commercial raising, breeding, boarding or care of dogs, provided that no structure for the shelter of dogs shall be located closer than 150 feet to any lot line, street line or district boundary.
B.
Single-family dwellings.
C.
Public parks, recreation areas and open space areas, provided that any active recreational facilities are screened from adjacent lots and streets with walls, fences, evergreen hedges and/or other means of shielding against noise, lights, dust or other factors which might constitute a nuisance to the surrounding properties, in a manner approved by the approving authority, on lots of at least five acres.
D.
Churches and other houses of worship and cemeteries, on lots of at least five acres, having a minimum lot width of 250 feet, in the R-1 and R-5 Residential Districts only.
E.
Public and private schools, on lots of at least five acres, having a minimum lot width of 350 feet in R-5 Zone only.
[Amended 10-16-2019 by Ord. No. 2019-18]
F.
Municipal, county, state or federal public purpose uses; clubs, lodges, community centers and meeting facilities for nonprofit organizations; and public libraries, in the R-1 Zone only, on lots of at least three acres, having a minimum lot width of 250 feet, except that any such use which regularly employs more than 10 persons on the premises shall have a minimum lot area of five acres, and any such use having or likely to have a permanent or temporary resident population of more than four persons at a time shall have a minimum lot area of three acres, plus an additional lot area equivalent to the minimum required for single-family residential uses in the district for each four persons or fraction thereof in residence beyond the first four.
G.
Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill and community residences for persons with head injuries shall be permitted uses in all zoning districts of the Township where single-family dwelling units are permitted, and the requirements therefor shall be the same as for the single-family dwelling units located within such districts.
[Added 1-18-2005 by Ord. No. 2005-2]
H.
On lands owned by the Township, a farmers' market.
[Added 4-5-2011 by Ord. No. 2011-8]
§ 100-44 Conditional uses.
In the R Districts, the following conditional uses as further regulated at § 100-51 are permitted as principal uses:
A.
Private or commercial recreation facilities, such as golf courses, tennis courts, riding stables or academies and swimming facilities, in the R-5 District only.
B.
Summer or year-round camps, including children's day camps, in the R-5 District only.
C.
Public utility facilities, including, but not by way of limitation, electric power distribution substations.
D.
Commercial greenhouses and nurseries in the R-5 District only.
E.
Subsidized accessory apartments created as part of the Township's affordable housing compliance program in the R-5 Residential District only and only in conformance with the provisions of Chapter 41, Accessory Apartments Ordinance, of the Code of the Township of Holland, and § 100-51 of this chapter.
[Added 1-18-2005 by Ord. No. 2005-2]
§ 100-45 Accessory uses.
Accessory uses and structures to any of the foregoing permitted principal uses and permitted conditional uses are permitted, including:
A.
One private garage intended to be used, and used, to store or house automobiles, trucks or similar motor vehicles, for the use of the residents of the lot on which it is located, and their guests and lessees.
[Amended 6-5-2001 by Ord. No. 2001-4]
B.
Storage structures customarily associated with the maintenance of a residential lot, provided the storage structure does not exceed the following maximum gross floor area:
[Amended 4-2-2002 by Ord. No. 2002-6; 12-19-2006 by Ord. No. 2006-13]
(1)
For a lot having a lot area of two acres or less, a maximum gross floor area of 300 square feet.
(2)
For a lot having a lot area greater than two acres but not three acres, a maximum gross floor area of 400 square feet.
(3)
For a lot having a lot area greater than three acres, but not over 10 acres, a maximum gross floor area of 1,000 square feet.
(4)
For a lot having a lot area greater than 10 acres, the storage structure shall not have a gross floor area larger than 50% of the footprint area of the principal structure.
C.
Other customary accessory residential structures, including but not limited to animal shelters for domestic pets, fences, private swimming pools, outdoor fireplaces, trellises, gazebos and lampposts.
D.
Barns, silos and other structures customarily associated with permitted agricultural uses, provided that all setbacks required in this Part 1 shall be observed.
E.
Home occupations, as defined in this Part 1, in the R-5 District only and subject to the limitations expressed in the definition of home occupation in § 100-6 and the following limitations:
(1)
Except for the retail sale of farm produce, which may occur from a seasonal stand, such occupation shall be conducted entirely within the confines of the dwelling on the lot.
(2)
Seasonal stands for the retail sale of farm produce shall be set back at least 50 feet from the traveled way of the street. An off-street parking area accommodating at least three automobiles and not more than five automobiles shall be provided in the area of the stand, which parking area need not be paved.
(3)
No article or product shall be sold or offered for sale unless the same is produced on the lot.
(4)
Except as to seasonal farm stands, no clients or customers shall be received on a regular or scheduled basis if the same would involve more than two clients or customers on the premises at any one time.
(5)
Except for permitted signs and except for seasonal stands for the retail sale of farm produce, no physical evidence of the home occupation or home professional office shall be visible from off the site.
F.
Up to two roomers or boarders per dwelling unit.
G.
Solar panels erected on the roof of a building or on the ground, subject to meeting all requirements of § 100-20.1.
[Added 6-1-2010 by Ord. No. 2010-13]
H.
[1]Small wind energy system as an accessory use to an agricultural use encompassing 20 or more contiguous acres in the R-5 District only and subject to all of the following requirements:
[Added 6-1-2010 by Ord. No. 2010-14]
(1)
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.
(2)
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 a permitted use.
(3)
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 have no step bolts, no ladder and no other means for climbing the tower.
(4)
A small wind energy system shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration.
(5)
The wind generator and the wind tower shall remain painted or finished in the color or finish that was originally applied by the manufacturer.
(6)
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.
(8)
Meteorological or met towers shall be permitted under the same standards, permit requirements, restoration requirements and permit procedures as small wind energy systems.
(9)
For wind speeds in the range of zero mph to 25 mph, 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.
(10)
A Zoning Permit shall be obtained from the Township Zoning Officer confirming that all requirements of this section will be met prior to the issuance of applicable construction permit(s), but site plan approval shall not be required.
(11)
The application for a zoning permit shall include all of the following information:
(a)
A survey plan indicating property lines and physical dimensions of the property.
(b)
A survey plan indicating location, dimensions and existing structures on the property.
(c)
A plan indicating the proposed location and dimensions of the proposed wind tower.
(d)
A plan indicating the locations of any overhead utility easements on the property.
(e)
Proposed small wind energy system specifications, including manufacturer and model, rotor diameter, system height, tower height and tower type (freestanding or guyed).
(12)
A 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 shall be responsible for such removal.
(a)
The Zoning Officer may issue a notice of abandonment to the landowner of 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 owner 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 the wind generator and the wind tower 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.
(e)
If the owner fails to remove the wind generator and wind tower and other equipment in the time allowed under Subsection H(2)(d) above, the municipality may pursue legal action to have such equipment removed at the landowner's expense.
I.
[3]Roof-mounted wind energy systems, provided 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.
[Added 6-1-2010 by Ord. No. 2010-14]
§ 100-46 Schedule of requirements for R Districts.
§ 100-47 Modifications; lot averaging.
A.
Permitted modifications. A major subdivision involving residential lots in the R-5 District may provide for lot averaging if approved by the approving authority pursuant to this Part 1. In such cases, the minimum lot area, dimensional and yard requirements may be modified from those otherwise applicable in the involved district, as provided in the Schedule of Requirements for Lot Averaging, attached.[1]
[1]
Editor's Note: The Schedule of Requirements for Lot Averaging is located at the end of this chapter.
B.
Findings for lot averaging. The minimum requirements for developments in the R-5 District are based, in part, on the planning objective of preserving agriculture and the fact that physical and environmental limitations prevalent throughout this district dictate low density of development. These limitations include steep slopes, adverse soil and bedrock conditions, septic effluent disposal limitations and limited groundwater yield. However, it is recognized that these conditions throughout the district may vary and that there may be areas within the district where physical and environmental conditions would permit a lot to be smaller than ordinarily required, and that, in the process of designing a subdivision utilizing smaller lots, provision may be made for larger lots which could support agriculture. Consequently, in order to recognize such conditions and to promote larger lots which could support agriculture, the approving authority may permit lot averaging, in accordance with the requirements of this Part 1 (of Chapter 100), provided that the lot area, dimensional, and yard requirements are not less than those shown in the Schedule of Requirements for Lot Averaging (set forth at the end of this chapter).
C.
Density. The density of lots permitted in a lot averaged subdivision (in the R-5 District) shall not exceed 0.2 lot per acre.
[Amended 8-7-2001 by Ord. No. 2001-10]
D.
Development in a lot-averaged subdivision shall be limited to single-family detached dwellings.
E.
All lots exceeding the required minimum lot area for the zoning district shall be deed restricted against further subdivision.
§ 100-47.1 Modifications; clustering.
A.
Permitted modifications. A major subdivision involving residential lots in the R-5 District may provide for residential cluster development on tracts of 50 acres or more if approved by the approving authority pursuant to this Part 1. In such cases, the minimum lot area, dimensional and yard requirements may be modified from those otherwise applicable in the involved district, as provided in the Schedule of Requirements for Residential Cluster Development, attached.[1]
[1]
Editor's Note: The Schedule of Requirements for Residential Cluster Development is located at the end of this chapter.
B.
Findings for residential cluster development. The use of residential cluster development shall be designed to meet or promote one or more of the following objectives: preservation or protection of agricultural land; preservation of scenic vistas along roadways; protection of large stands of trees; protection of stream corridors; protection of archeologic or historic sites or structures; and preservation and protection of environmentally sensitive lands. Where the approving authority finds that one or more of such objectives are met or promoted by the design of the subdivision, it may permit residential cluster development in accordance with this Part 1 (of Chapter 100), provided that the lot area, dimensional and yard requirements are not less than those shown in the Schedule of Requirements for Residential Cluster Development (set forth at the end of this chapter).
C.
Density. The density of dwelling units permitted in a residential cluster subdivision (in the R-5 District) shall not exceed 0.165 dwelling units lots per acre, with each dwelling being on a separate lots.
D.
Development in a residential cluster development shall be limited to single-family detached dwellings.
E.
Open space.
(1)
The open space resulting from the residential cluster development shall be deed restricted against further subdivision or development and shall be limited in use to agricultural uses or conservation or passive recreational uses of natural areas. Open space lots shall each have an area of at least 12 acres, shall have a minimum dimension in any direction of 200 feet and shall have a reasonable access strip of at least 35 feet in width with frontage on a street.
(2)
Maintenance and use of natural areas.
(a)
Clearing of brush and dead timber shall be required where necessary to eliminate fire hazard.
(b)
Manual clearing of obstructions or jams from steams or waterways shall be required where necessary to ensure unimpeded flow, provided that no channelization shall be permitted.
(c)
Hiking or bicycling trails and bridle paths may be constructed and maintained, unless otherwise prohibited by law.
(d)
Chemical agents may be used to control weed growth or algae bloom or for fish management in lakes and ponds.
(e)
Open space which is a natural area shall otherwise be maintained undisturbed in its natural state. No garbage or debris shall be permitted to accumulate except that leaves, grass and shrub clippings may be deposited in properly located and maintained compost heaps.
(f)
Passive recreational use of open space natural areas shall be restricted to fishing, bird watching, hiking, cycling, horseback riding and boating.
(3)
Use of machinery and engines in open space natural areas. No chemically powered engines shall be used in a natural area, except for the performance of functions designated in Subsection E(2)(a) hereinabove.
(4)
Maintenance and use of open space as farmland. Maintenance and use of dedicated farmland shall be governed by good agricultural management practices.
(5)
Improvements to common open space. Any improvements to common open space shall be completed before any certificate of occupancy is granted for a dwelling in the residential cluster subdivision.
(6)
Dedication of open space. Where open space is not dedicated to the Township or other government entity, the applicant shall dedicate such area for the uses hereinbefore set forth and shall establish a property owners' organization which shall consist of all owners of lots in the residential cluster development and which shall own and maintain the open space areas as common open space. The provisions of Subsections B, C D, E, F, G and H of § 100-69 shall apply.
§ 100-48 Permitted uses.
In the VR Village Residential District, no lot or structure shall have as a principal use, and no structure shall be located, relocated, erected, constructed, reconstructed, enlarged or structurally altered for the purpose of any principal use, except the following:
A.
Single-family dwellings.
B.
Post offices on lots of at least two acres.
C.
Conversion of an existing building to a boutique for clothing, accessory or craft sales, provided that no exterior alterations to the structure are involved.
D.
Conversion of an existing building to an art gallery, art studio or antique store, provided that no exterior alterations to the structure are involved.
E.
Conversion of an existing building to a tailoring, dressmaking or shoe repair establishment, provided that no exterior or alterations to the structure are involved.
F.
Churches and other houses of worship and cemeteries on lots of at least five acres.
§ 100-49 Accessory uses.
Accessory uses and structures to any of the foregoing permitted principal uses are permitted, including:
A.
Accessory uses customarily incidental to the principal permitted uses.
B.
Home occupations and home professional offices as defined in this Part 1, subject to the following limitations:
(1)
Such occupation shall be conducted entirely within the confines of a building.
(2)
No more than one person, other than a resident on the premises, shall be employed in said office or occupation.
(3)
No article or product shall be sold or offered for sale unless the same is produced on the premises, except that antiques may be sold as a home occupation in the VR District.
(4)
No machinery, equipment or operation shall cause interference with radio or television reception or cause any other form of electrical disturbance in the area, create any noise which is discernible beyond the limits of the property, produce any gas, fumes, dust, odor or other air pollution, heat or movement of air.
(5)
No clients or customers shall be received on a regular or scheduled basis if the same would involve more than one client or customer on the premises at any one time.
(6)
Except for permitted signs, no physical evidence of the home occupation or home professional office shall be visible from off the site.
C.
Up to two roomers or boarders per dwelling unit.
§ 100-50 Schedule of requirements for VR Village Residential District.
Except as otherwise provided in this Part 1, all requirements and limitations for development contained in the Schedule of Requirements for the VR Village Residential District, attached, shall be met.[1]
[1]
Editor's Note: The Schedule of Requirements for the VR Village Residential District is located at the end of this chapter.
§ 100-50.1 Permitted uses.
[Amended 5-6-2008 by Ord. No. 2008-7]
In the Village Residential-A District, no lot or structure shall have as a principal use, and no structure shall be located, relocated, erected, constructed, reconstructed, enlarged or structurally altered for the purpose of any principal use, except the following:
A.
Single-family dwellings as permitted in and regulated by the R-5 Residential District.
B.
With the provision of public water and sewer service, in compliance with the provisions of § 100-50.4F, hereinbelow, planned unit residential development comprising the whole of the Village Residential-A District, consisting of up to a maximum of 14 dwelling units, total, in the following configurations:
(1)
One or more building(s) containing up to six dwellings each, including duplexes, triplexes, quadriplexes, townhouses and multifamily dwellings, designed and reserved for occupancy by households meeting all of the age-restriction requirements set forth in § 100-50.4A, hereinbelow, subject to also providing the uses set forth in § 100-50.1B(2), hereinbelow.
(2)
As a condition of allowing the development set forth in § 100-50.1B(1), hereinabove, there shall be provided in the planned unit residential development one or more building(s) containing two to six dwelling units each, including duplexes, triplexes, quadriplexes, townhouses and multifamily dwellings, which dwelling units shall be affordable to and reserved for occupancy by qualified low- and moderate-income households pursuant to and consistent with all of the requirements of N.J.A.C. 5:94-1 et seq. and N.J.A.C. 5:80-26.1 et seq. (or successor regulations). Dwellings affordable to and reserved for occupancy by qualified low- and moderate-income households shall comprise a minimum of 40% of the total number of dwelling units existing and constructed in the zoning district. Low- and moderate-income units shall not be age restricted.
(3)
As part of the planned unit residential development, the existing historical residential structure shall be retained on the tract in its use at the time of the creation of this VR-A District (that is, as a two-family residential dwelling structure, which is neither age restricted nor qualified as affordable to low- or moderate-income households), provided it shall be subdivided from the remainder of the development. The lot created around the existing historical residential structure: i) shall contain a minimum of one acre of land having at least 150 feet of frontage on an existing or proposed street; ii) shall encompass all of the remaining viable outbuildings that form the context of the historical structure; and iii) shall not include any of the new dwelling units permitted to be constructed. No substantial changes shall be made in the existing use of the historical structure, nor in its exterior appearance. The dwelling(s) located within the existing residential structure shall be served by the public water and sewerage systems serving the rest of the development.
C.
The planned unit residential development shall be designed so that the portion containing the age-restricted dwelling units shall be in a separate and subdividable portion or portions of the tract from the portion of the tract containing the non-age-restricted dwelling units affordable to low- and moderate-income households. All subdivided lots in the planned unit development shall have frontage of at least 50 feet on a street, as defined in N.J.S.A. 40:55D-7. Also, there shall be provided common open space and facilities, as well as a homeowners' association, for the age-restricted units, separate from any such space and facilities, or homeowners' association, for the non-age-restricted, low- and moderate-income units.
D.
The total number of dwelling units permitted in the planned unit residential development (under § 100-50.1B) shall not exceed 14, nor shall it exceed the density limits set forth in § 100-50.4C below.
E.
The planned unit residential development (except with respect to § 100-50.1B(3) for any development within the separate lot created for the existing two-family residential structure) shall be subject to major site plan approval by the approving authority. Such site plan review shall conform to the following:
§ 100-50.2 Accessory uses.
[Amended 7-6-2010 by Ord. No. 2010-12A]
Permitted accessory uses include:
A.
Private garages, whether attached or detached, intended to be used and used to store or house automobiles or similar motor vehicles for the use of residents of the lot on which the garage is located and their guests and lessees.
B.
In the context of a development permitted in § 100-50.1B(1) and (2), common open space and recreational facilities intended for the use and enjoyment of the residents of the development with no more than one permanent maintenance building serving the entire development and common outdoor parking areas.
C.
In the context of the uses permitted in § 100-50.1B(1) and (3), accessory uses customarily incidental to single-family residential uses, and, in the context of the uses permitted in § 100-50.1A only, home occupations and home professional offices, subject to the limitations therefor set forth at § 100-49B, and up to two roomers or boarders per dwelling unit.
§ 100-50.3 Schedule of requirements for VR-A Village Residential-A District.
§ 100-50.4 Additional requirements for planned unit residential development.
[Amended 5-6-2008 by Ord. No. 2008-7]
The following shall apply to planned unit residential development in this district:
A.
Age restrictions.
(1)
Through its corporations, associations or owners, each of the age-restricted dwellings permitted under § 100-50.1B(1), hereinabove, shall be restricted by bylaws, rules, regulations and restrictions of record to occupancy by a household with at least one household member being a minimum of 55 years of age or older, as permitted under and in conformity with all requirements of the Federal Fair Housing Act, 42 U.S.C. § 3601 et seq., and the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 et seq., as amended, all applicable federal regulations and all applicable state laws and regulations.
(2)
No children under the age of 18 shall permanently reside in any age-restricted dwelling unit.
B.
Open space.
(1)
In the case of planned unit residential development pursuant to § 100-50.1B at least 75% of the VR-A Zoning District shall be set aside as common open space for conservation or recreational purposes, as appropriate. Said percentage shall be calculated by excluding portions of the zoning district lots lying within the right-of-way lines (including any widened area of such rights-of-way required as a condition of approval of the planned unit development) of existing county roads. Common open space shall also exclude areas of the tract lying within 20 feet of buildings, parking areas and roads. The common open space shall be permanently restricted by deed or easement for its intended purposes, which shall be purposes appropriate to the use, scale and character of the development and the natural features of the tract and may include conservation, active or passive recreational facilities, required buffer areas and common or private gardens, all in accordance with a site plan approved by the approving authority. All approved improvements of the common open space, including buildings, recreational facilities and landscaping and all other common elements in the development shall be completed before a certificate of occupancy shall be granted for any of the dwelling units in the development. Appropriate entities shall be established to own and maintain the common open space, common recreational facilities and other common elements of the development. The following requirements shall apply to the ownership, preservation and maintenance of the common open space and other common elements in the development.
(2)
The method and vehicle for reserving and restricting the common open space and common elements within the development and the documents pertaining to the establishment of the entity(ies) that will own and maintain the common open space and common elements in the development shall be reviewed by the approving authority attorney and approved by the Township Attorney and by the New Jersey Department of Community Affairs and shall be on file in the office of the Township Clerk before a certificate of occupancy shall be issued for any of the dwelling units in the development. The master deed and other appropriate legal documents, including those establishing the homeowners' association(s), pertaining to the development shall insure that the owners of all dwelling units in the development shall assume and bear the foregoing responsibilities, except that separate homeowners' associations may assume those responsibilities logically appropriate to a segment of the overall planned unit residential development. Also there shall be submitted to and approved by both the approving authority attorney and Township Attorney deed restrictions restricting the occupancy of the age restricted dwelling units.
(3)
The form, financial capability, rules of membership and methods of cost assessment of the entity(ies) shall ensure the successful fulfillment of the maintenance, preservation and improvement responsibilities of the entity(ies).
(4)
The entity(ies) shall have or shall hire adequate staff to administer common facilities and maintain the common open space for the primary benefit of the residents of the development. Such entity(ies) shall not be dissolved and shall not dispose of any common open space, by sale or otherwise, except to another entity or entities conceived and established to own and maintain the common open space for the benefit of the residents of the development, and thereafter such entity(ies) shall not be dissolved and shall not dispose of any common open space without first offering to dedicate it to the Township.
(5)
In the event that the aforesaid entity(ies) shall fail to maintain the common open space and common elements in reasonable order and condition, the Township governing body may take the actions set forth at N.J.S.A. 40:55D-43b, and the costs of such actions shall be assessed as provided at N.J.S.A. 40:55D-43c.
(6)
A portion or portions of the open space may be used for stormwater recharge and detention. The approving authority shall review the design of the proposed stormwater management plan in terms of its anticipated impact on the usability of the proposed open space.
C.
Density.
(1)
The development permitted at § 100-50.1B shall not exceed 1.1 dwelling units per net acre of the VR-A District, with the term net acre referring to the area of the two lots in the district, excluding the land within the right-of-way (either as it exists prior to, or as it is required to be widened as a condition of, approval of the planned unit residential development).
(2)
This permitted density shall be calculated prior to subdivision of the tract to create a lot around the existing residential structure as permitted at § 100-50.1B(3).
D.
Design standards.
(1)
The architectural style of all new buildings shall be compatible with the architectural style, size and scale of the existing historical residential building located on the site. The choice of architectural style shall be reflected in the ratio of building width to height, the exterior arrangements of windows and doors, the pitches of the roofs, the style of the porches and the selection of exterior materials. The entirety of the building design and detailing shall be consistent with the architectural style selected. Compliance with this subsection shall be the subject of evidence in the form of architectural plans and renderings and testimony at the public hearing on the development application.
(2)
Views from surrounding streets to the existing historic structures on the development tract shall remain unobstructed by new buildings to the extent possible. Where new buildings will encroach on the view of one or more of the existing historic structures, the approving authority shall pay particular attention to the compatibility of the design, scale and materials of the new structure(s) to the old and to the necessity for screening of new structures where appropriate.
(3)
Garages shall be provided for all of the market units at the rate of at least one but not more than two garage spaces per unit. Garages may be attached or detached and shall either be accessed via alleys constructed at the backs of buildings or recessed back from the front wall of buildings by a distance of at least 10 feet. Garage doors shall not be visible from surrounding streets and properties. Outdoor parking areas and garage doors shall be screened from view from surrounding streets and properties by appropriate vegetative screening, as approved by the approving authority.
(4)
Covered porches shall be provided along the fronts of each dwelling unit, and shall be proportioned and outfitted with balustrades and trim, in a manner appropriate to the architectural style of the building. A covered porch shall have a minimum depth of seven feet. Latticework and trellises may be used to provide privacy; and latticework or stonework, as appropriate, shall be used to hide the foundation beneath the covered porch, if elevated by more than one foot above the ground.
(5)
Exterior siding shall be stone or clapboard material or a combination thereof. The stone shall resemble in type and color fieldstone that is native to the Township. Trim shall preferably be of wood. If another material is to be substituted for wood clapboard or wood trim, the material shall resemble wood in appearance. The applicant shall submit samples of the proposed exterior building materials to the approving authority for review and approval as a condition of preliminary development approval.
(6)
Buildings shall have pitched roofs. The pitch of the roof shall be appropriate to the architectural style of the building but shall not, in any case, be less than six on 12. Rooflines shall be varied on each building. Flat, gambrel and mansard roofs shall be prohibited. Roof materials shall be of slate or wood shingles or of a material designed to emulate the look of these materials. If another material is to be substituted for wood shingles or slate, a sample of the proposed roofing material shall be submitted to the approving authority for review and approval of the substitution as part of the process for preliminary development approval.
(7)
Windows shall be of vertical rectangular configuration with muntins and constructed of wood, aluminum and/or vinyl clad material, and all buildings shall have articulated cornices and quoins.
(8)
Sidewalks shall be provided on the site for the convenience of the residents, and walkways shall be constructed from each building entrance to the common sidewalk. Sidewalks and pedestrian crossings shall be constructed/demarcated using materials other than concrete, such as slates or brick or stone pavers, subject to approval by the approving authority.
(9)
Stone walls, wood fences or hedges shall be used to denote the edge of the public or common way in front of each building. Such walls, fences or hedges shall not be less than 18 inches nor more than 36 inches in height and shall be of a material and design compatible with the architectural style of the development as a whole.
(10)
The maximum length of any building shall be 85 feet. Notwithstanding this provision, no building wall shall extend along a single plane for a distance greater than 40 feet. If a building is proposed to be greater than 40 feet in length, the wall plane shall be stepped a minimum of 10 feet at one or more points along its length to provide visual relief.
(11)
Screening shall be required to protect views from existing dwellings on lots which are adjacent to the development tract. The depth of the screen plantings shall be sufficient to allow the preservation of existing vegetation or the planting of new vegetation, or both, that will achieve a 75% visually impervious, year-round screen, having a minimum height of at least eight feet at time of planting. Screen plantings shall be spaced appropriately in accordance with the types of plantings utilized. Ordinarily, such plantings shall be placed in staggered rows. The screen plantings shall combine evergreen species and/or deciduous species with intense, low branching patterns with ornamental species and appropriate understory vegetation. Unless the Planning Board approves an alternative placement for the required screen planting, such screening shall be provided within the required tract buffer.
(12)
The landscaping requirements of § 100-91.12B. shall apply to a planned unit residential development within the VR-A District.
(13)
The development shall comply in all respects with N.J.A.C. 5:21, the residential site improvement standards, and all land use regulatory permit requirements of the NJDEP.
(14)
Permanent freestanding development name signs or logos shall be prohibited. During construction, one temporary identification sign shall be permitted to be erected, outside of any required sight triangle and set back at least 20 feet from any road right-of-way. Such temporary sign shall have a sign area not exceeding 32 square feet and a height not exceeding eight feet. Said sign shall be removed prior to the issuance of the last temporary or final certificate of occupancy for the units within the development. Within the development, up to two directional signs, each not exceeding four square feet in area nor having a height greater than four feet, may be permitted subject to site plan approval. Signage for individual dwellings shall consist of no more than a single one-square-foot residential nameplate sign or numbers per dwelling unit.
(15)
Belgian block curbing shall be used throughout the development wherever curbing is required.
(16)
Site lighting shall be low level, shall be provided along all walkways, interior roads, driveways and parking areas, and shall meet the applicable requirements of § 100-91.11, except that the approving authority may, in its discretion, require lower levels of lighting than the maximums provided for in this Chapter 100.
E.
Low- and moderate-income units. Development of the low- and moderate-income dwellings shall satisfy the following criteria:
(1)
All required low- and moderate-income dwellings provided shall satisfy COAH's rules set forth at N.J.A.C. 5:94-1 et seq., and the uniform housing affordability controls set forth at N.J.A.C. 5:80-26.1 et seq. (or successor regulations), especially, but not limited to, the rules pertaining to the required bedroom mix, the low/moderate income split, and the affordability criteria. The low- and moderate-income dwellings shall not be age restricted.
(2)
The low- and moderate-income dwellings shall be constructed in a building or buildings designed to resemble as closely as possible the architectural style of the building(s) containing the market-priced dwelling units in the development, and the exterior siding used shall be the same stone and/or clapboard material used on the market units.
(3)
The design standards set forth for the construction of the building(s) within the development at § 100-50.4D shall be applicable to the building(s) containing the low- and moderate-income units, but the approving authority may, in an effort to promote affordable housing construction, approve deviations from or modifications of these design standards if the applicant can demonstrate that the deviation or modification will satisfy the intent of the design standard in question.
(4)
As to the low- and moderate-income (affordable) dwellings, the developer(s) shall, as a condition of final approval of the development, enter agreement(s) with the Township whereby the affordable units are affirmatively marketed and, if rented, administered by an entity experienced in administering affordable housing units. The affordable units shall be affirmatively marketed for sale or for rent, as the case may be, and sold or rented, as qualifying lower income units under regulations applicable to low- and moderate-income housing promulgated by COAH and under other applicable law. Documents in recordable form shall be submitted to the Township and reviewed and subject to the approval of the Township Attorney, prior to the time of, or as a condition of, final approval for the development, insuring that the initial affirmative marketing of such units is carried out and that the units remain qualified as lower income units under applicable laws and regulations, for a period of at least 30 years. Pursuant to COAH's rules, no certificate of occupancy for initial occupancy of such unit shall be issued unless the unit is controlled by appropriate deed restrictions and COAH-approved form of mortgage lien. Additionally, there shall be provided to the approving authority and the Township, as a condition of final approval, assurances and agreements, satisfactory to the Township, whereby a qualified entity or entities will own and manage any such rental units.
F.
Utilities. All dwelling units in this district shall be served by public sewerage and public water supply. The applicant shall be obligated to demonstrate the availability of sufficient water supply and sewage treatment capacity to serve the proposed development.
G.
Developer's agreement. As a condition of final approval for a development within the Village Residential-A District, a developer's agreement shall be prepared and submitted to the approving authority and Township Attorney setting forth a description of the low- and moderate-income dwellings to be constructed and any terms and conditions of COAH's rules and the uniform housing affordability controls cited previously that are applicable to such dwellings; a description of the intended use and disposition of the open space created within or associated with the development, including any limitations or conservation easements applicable to the open space; agreements regarding stormwater management, utility services and off-tract improvements; and any other areas ordinarily covered in a developer's agreement.
§ 100-51 Conditional uses. [1]
Conditional uses permitted in the R-1, R-5 and VR Zoning Districts shall meet the following requirements:
A.
Private or commercial recreation facilities (as described in § 100-44A):
(1)
Such facility is permitted in the R-5 District only, on a lot with an area of at least 20 acres.
(2)
Such facility shall be directly accessible by means of a collector or arterial street.
(3)
No aboveground structure connected with such facility, other than a fence, wall or driveway, shall be located closer to any lot or street line than 100 feet, except that riding stables and academies shall be required to maintain a setback of 200 feet between any structure sheltering animals and a lot or street line.
(4)
Parking shall be provided on the lot adequate to serve the facility. The approving authority shall establish the required number of parking spaces to be provided, based upon the anticipated demand for them, as documented by the applicant, the advice of any experts retained by the approving authority to evaluate the proposal and generally accepted standards applying to the particular use contemplated.
B.
Summer or year-round camps, including day camps for children and camp facilities of educational, religious, charitable and similar organizations:
(1)
The maximum permitted density shall not exceed five persons per each two acres for resident facilities and 20 persons per each two acres for day-only facilities, and no lot devoted to such use shall have an area of less than 20 acres.
(2)
No unit designed for human occupancy shall be located closer than 75 feet to any lot line, nor closer than 100 feet to any street line, and no such unit shall be located closer than 15 feet to any other unit.
(3)
No playground or meeting or assembly area shall be located closer than 100 feet to any lot or street line.
(4)
All facilities provided for the amusement, accommodation or convenience of campers shall be for their sole and exclusive use and not open for use by the general public on a commercial basis.
(5)
There shall be no sale of goods or services on the premises other than to the occupants thereof.
(6)
Each camp shall be provided with water supply and distribution facilities, sanitary conveniences and refuse storage, collection and disposal facilities, as approved by the approving authority. The applicant shall be required to demonstrate to the approving authority the adequacy of the water supply and sewage treatment facilities available or intended to be provided to serve the camp.
C.
Public utility facilities, including electric power distribution substations:
(1)
The approving authority shall determine that such use at the proposed location will not be detrimental to the public safety and health and is reasonably necessary for the service, convenience and welfare of the public.
(2)
No equipment or apparatus used in the transmission or distribution of electric power, other than overhead or underground transmission or distribution lines, shall be located closer than 35 feet to any lot or street line.
(3)
All areas of the lot not devoted to buildings and structures, parking areas and drives and required screens, shall be landscaped with grass, trees or shrubs.
(4)
A permanent, visual screen shall be provided either around the perimeter of the lot or around the structures or security fence on the lot. Such screening shall be approved by the approving authority upon the nature of the structures to be screened, the existing vegetation on the lot and the potential visual impact of the proposed structures on adjoining lots. As a minimum, evergreen shall be provided wherever screening is required.
D.
Commercial greenhouses and nurseries:
(1)
Such uses shall be permitted in the R-5 District only, on lots having an area of at least 20 acres.
(2)
Such uses shall be directly accessible from a collector or arterial roadway.
(3)
All structures shall be located a minimum of 100 feet from any lot line and 200 feet from any street line and shall be completely screened from view along all side and rear lot lines by existing vegetation, earthen berms, evergreen plantings or similar landscape treatments, as approved by the approving authority.
(4)
Parking shall be provided at the rate of one space per each employee, plus one space per each 200 square feet of indoor sales area accessible to the public, plus 1/2 space per each 1,000 square feet of outdoor storage, sales or display area.
E.
Subsidized accessory apartments. Subsidized accessory apartments shall be permitted as conditional uses in the R-5 Residential District. The following criteria shall apply to the creation of subsidized accessory apartments in this zone:
[Added 1-18-2005 by Ord. No. 2005-2]
(1)
Subsidized accessory apartments shall be as defined in Chapter 41, Accessory Apartments, of the Code of the Township of Holland.
(2)
Each new accessory apartment created under the terms of this section shall be affordable to and rented only by a qualified low-income household for a period of at least 10 years from the date a certificate of occupancy is issued for the new unit in accordance with the terms of Chapter 42, Affordable Housing, of the Code of the Township of Holland.
(3)
No accessory apartment shall be created under the terms of this section unless an application has been submitted to and approved by the Housing Administrator and unless the creation of the accessory apartment is accomplished as part of the Township's affordable housing compliance program and unless the accessory apartment is deed restricted in accordance with the terms of Chapter 42, Affordable Housing, of the Code of the Township of Holland.
(4)
The provisions of this section shall expire automatically when funds are no longer available to subsidize accessory apartment conversions.
(5)
The Board of Health shall certify the adequacy of the on-site septic system to accommodate the original dwelling plus the accessory apartment. All accessory apartment units shall meet the requirements of N.J.A.C. 5:23-2.4 and 2.5 (or successor regulation) following the completion of the conversion.
(6)
The lot on which the subsidized accessory apartment will be located shall conform to the minimum lot area requirement for the R-5 Residential District or for the approved form of development in the R-5 Residential District.
(7)
The property proposed for conversion shall be able to accommodate sufficient off-street parking as approved by the Planning Board.
(8)
Applicant submission requirements.
(a)
Applicants for the creation of a subsidized accessory apartment shall submit to the Housing Administrator:
[1]
A sketch of floor plan(s) showing the location, size and relationship of both the accessory apartment and the primary dwelling;
[2]
Elevations showing the modification of any exterior building facade to which changes are proposed; and
[3]
A site development sketch showing the location of the existing dwelling and other existing buildings; all property lines; any proposed addition, along with the minimum building setback lines, the locations, size and extent of all underground utilities and the length, width and function of all rights-of-ways and easements on the property; the required parking spaces for both dwelling units; and any natural or man-made conditions which might affect construction.
(b)
All plans and elevations shall be clear and concise and drawn to a scale of not less than one inch equals four feet for the floor plan(s) and elevation(s) and one inch equals 20 feet for the site development plan.
(9)
Additions to an existing structure designed to allow the creation of a subsidized accessory apartment shall not be permitted, except that small additions containing up to a maximum of 5% of the gross floor area of the existing structure or 100 square feet, whichever is less, may be permitted if the addition will facilitate the creation of the accessory apartment in a more logical manner, considering design, layout, access and safety factors. Such additions shall comply with all applicable yard, setback, coverage and other bulk requirements of this chapter.
(10)
Alterations to the exterior of the existing dwelling, other than those to improve the maintenance and attractiveness of the dwelling, shall be minimized. After the creation of the accessory apartment, the building(s) on the property shall maintain the usual appearance of a single-family detached dwelling and its appurtenant structures and shall remain compatible with the character of the surrounding neighborhood.
(11)
A converted dwelling shall not have more than the existing number of entrances along the front of the building. All entrances to an accessory dwelling shall be located on the side or rear of the building.
(12)
No new unenclosed exterior stairways shall be allowed on the front of a converted dwelling.
(13)
Necessary changes in the number or placement of windows to provide adequate light and air will be allowed but shall be minimized; any changes which occur must be done in a manner consistent with the architectural character of the existing dwelling.
(14)
An accessory apartment shall not be created on any floor above the second floor except that space above the second floor may be used for storage or sleeping rooms for a second floor apartment. No accessory apartment shall be located in a below-ground basement where the exterior grade is more than half the height of the exterior wall, unless there is at least one exterior facade where the unit is at grade with the ground outside.
(15)
Each accessory apartment unit shall contain the following minimum gross floor area:
Type of Unit | Minimum Gross Floor Area (square feet) | |
|---|---|---|
Efficiency | 450 | |
1 bedroom | 550 | |
2 bedroom | 660 | |
3 bedroom | 800 |
(16)
Existing unauthorized accessory apartments may be legalized under this section without penalty to the property owner and without Township subsidy, provided all of the foregoing criteria as well as the following criteria can be met:
(a)
The unit is currently vacant or is occupied by a qualified low or moderate-income household unrelated to the owner.
(b)
If the unit is currently in substandard condition, it can be brought up to standard condition before a certificate of occupancy is issued in accordance with all of the requirements and procedures of Chapter 41, Accessory Apartments, of the Code of the Township of Holland, except that no Township subsidy shall be required to be paid to the owner to bring the unit up to standard condition.
(c)
The unit will be affirmatively marketed pursuant to the Township's affirmative marketing plan. If the unit is currently occupied by a qualified low- or moderate-income household unrelated to the owner, it shall be affirmatively marketed when the current tenant vacates the unit.
(d)
The unit will be deed restricted for occupancy by and will remain affordable to a qualified low-income household for a period of 10 years from the date a certificate of occupancy is issued for it, consistent with the requirements of Chapter 41, Accessory Apartments, Chapter 42, Affordable Housing, and the rules of the Council on Affordable Housing.
§ 100-52 Signs.
A.
Only the following signs are permitted in the R-1, R-5 and VR Districts:
[Amended 8-16-1988 by Ord. No. 1988-9[1]]
(1)
One sign, located upon the lot displaying the street number and name of the occupant of the lot, not exceeding 432 square inches (three square feet) in area. Such sign may be attached to the principal building or may be attached to a rod or post. Mailboxes shall not be construed as signs under the provisions of this section. Such sign may include identification of an accessory home occupation.
(2)
One bulletin or announcement board or identification sign for a permitted nonresidential building or use not exceeding eight square feet in area. No such sign shall be located nearer to a street line than 10 feet.
(3)
One "For Sale" or "For Rent" sign, not exceeding four square feet in area, and advertising only the premises on which the sign is located or premises accessible from a public road only by a private lane or driftway at the end of which the sign is located.
(4)
Signs used to warn the public against hunting, fishing or trespassing, provided that such signs do not exceed two square feet in area.
B.
All signs shall be stationary and shall not contain any visible moving or movable parts; no such sign shall be of neon or exposed gas-illuminated tubes; and any lighting of any such sign shall be continuous, indirect and installed in a manner that will prevent direct light from shining onto any street or adjacent lot.
C.
Signs advertising the name and product of a farm, provided that the sign is located on the same lot as the farm, does not exceed four square feet in area and is not closer than 30 feet to any street center line.
D.
One "For Sale" sign not exceeding four square feet in area, advertising real property which is for sale, located off the premises which is for sale, provided that:
[Added 8-16-1988 by Ord. No. 1988-9]
(1)
Written consent is given to the placing of the sign by the owner of the property where the sign is placed.
(2)
If the sign is placed within a road right-of-way, written consent is obtained also from an appropriate official of the governmental entity owning the right-of-way.
(3)
Such sign does not obstruct the view of vehicles entering intersections.
(4)
Such sign is permitted only during the time period from 8:00 a.m. on a Saturday to 6:00 p.m. on the following day, Sunday.
E.
A sign, not exceeding six square feet in area, marking and recognizing areas or sites of historic significance within the Township, provided that:
[Added 11-8-1989 by Ord. No. 1989-11]
(1)
Written consent is given to the placing of the sign by the owner of the property where the sign is to be placed.
(2)
If the sign is to be placed within a road right-of-way, written consent is also obtained from an appropriate official of the governmental entity owning the right-of-way.
(3)
Such sign does not obstruct the view of vehicles entering intersections.
(4)
Such sign recognizes an area or site of historic significance within the Township designated by the Township Historic Preservation Commission and is comprised of materials and is at a location approved by such Commission.
§ 100-53 Off-street parking.
[Amended 8-16-1988 by Ord. No. 1988-9]
Off-street parking shall be provided on the lot in accordance with the following requirements:
A.
A minimum of one off-street parking space shall be provided for each dwelling unit.
B.
A minimum of one off-street parking space shall be provided for each 200 square feet of floor area, or fraction thereof, used for each permitted home occupation or home professional office or nonresidential principal use in the VR District. Such spaces required shall be in addition to spaces required for residential use.
C.
A minimum of one off-street parking space shall be provided for each full-time faculty member and employee of each school.
D.
A minimum of one off-street parking space shall be provided for every four seats or 400 square feet of usable floor area and fraction thereof, whichever is greater, in the largest area of assembly of all churches and community centers.
E.
A minimum of one off-street parking space shall be provided for every 100 square feet of floor area of structures located in and on all parks, playgrounds and other noncommercial recreation areas owned and operated publicly or privately, and not-for-profit.
F.
A minimum of one off-street parking space shall be provided for each full-time or part-time employee of a public library, and an additional off-street parking space shall be provided for each 250 feet of floor area and fraction thereof open to the public of such library.
G.
A minimum of one off-street parking space shall be provided for every three persons employed full-time in each building used exclusively by federal, state, county or local government for public purposes, and an additional off-street parking space shall be provided for each 400 square feet of floor area of such building.
H.
A minimum of one off-street parking space for every five seats in the largest place of assembly shall be provided for all clubs, lodges and community centers and meeting facilities of nonprofit organizations.
I.
A minimum of one off-street parking space for each employee of the largest shift and one space for customary service vehicles, plus one space for each four beds and fraction thereof, shall be provided for each duly licensed private resident nursing and resident convalescent home.
J.
Two off-street parking spaces, each suitable for the accommodation of a truck, shall be provided for each public utility facility, as well as one additional off-street parking space for each full-time employee, if any.
§ 100-54 Site plan review.
[Amended 6-18-1991 by Ord. No. 1991-6[1]]
Prior to using any land or to erecting, altering or occupying any structure in the R-1, R-5 and VR Districts for any principal use other than for a residential or farm principal use, site plan approval pursuant to Part 2, Development Regulations, of this chapter shall be obtained.
B.
Following site plan approval as above described, a certificate of occupancy shall be issued by the Zoning Officer, provided that all improvements required by such site plan approval have been installed or constructed and the building, structure or use is ready for occupancy.
D.
If, with respect to the development requiring site plan approval, water is to be supplied to or used on the site (either through a private, semiprivate or public system) from a well or wells and the projected water supply demand would be in excess of 25 gallons per minute, the site plan submitted for approval shall be accompanied by the information described in and approved only on compliance with the provisions of § 100-35H(1) through (5) and § 100-35I.
§ 100-55 Permitted uses.
In the MFR District, no lot or structure shall have as a principal use, and no structure shall be located, relocated, erected, constructed, reconstructed, enlarged or structurally altered for the purpose of any principal use, except the following:
A.
Multifamily dwelling or dwellings, which shall consist of townhouses or garden apartments, defined as follows:
B.
C.
Conditional uses permitted by § 100-44, subject to the regulations for such uses set forth in § 100-44 (and not subject to the requirements for this article).
[Amended 7-6-2010 by Ord. No. 2010-12A[2]]
[2]
Editor's Note: This ordinance also repealed original Subsection H, regarding retail food, drug and sundries store as a special exception use, and original Subsection I, regarding tavern or bar as a special use, which immediately followed this subsection.
§ 100-56 Accessory uses.
Accessory uses and structures to any of the foregoing permitted uses are permitted, including:
A.
[1]On lots whose principal use is for multifamily dwelling purposes, structures not exceeding 25 feet in height shall be permitted for the purpose of providing recreational or maintenance services to the residents on said lot. Such structures may include swimming pools, locker rooms, community buildings, maintenance buildings, communal parking structures and the like, provided that all such structures conform to the requirements of this Part 1 and to the general site plan and design character of the multifamily dwelling development.
§ 100-57 Lot area.
A minimum lot area of 15 acres shall be required.
§ 100-58 Lot width.
A minimum lot width of 500 feet shall be required.
§ 100-59 Setbacks.
No principal or accessory building shall be closer than 100 feet to the nearest lot line.
§ 100-60 Height.
No structure shall exceed 35 feet in height.
§ 100-61 Density.
There shall not be situated on the lot more than a total of eight dwelling units per acre of lot area.
§ 100-62 Standards for use of land.
The following standards shall apply:
A.
The total floor area of all principal and accessory structures shall not exceed 20% of the lot area.
B.
The total area of all lot area not covered by buildings or structures and not suitable or designed for parking or vehicular traffic shall be not less than 65% of the lot area.
C.
Not less than 20% of the lot area shall be devoted to recreational purposes, designed for recreation of the lot residents; except that this may be reduced to 10%, provided that an equal area is used for agricultural purposes or if such recreational development would require substantial clearing of woodlands.
D.
Two off-street parking spaces shall be provided for each dwelling unit on the lot.
§ 100-63 Type and size of units.
A.
In order to promote diversity of development and to ensure that the proposed MFR District shall meet the needs of a broad segment of the population, not less than 20% nor more than 50% of the dwelling units on any lot shall be townhouses. The remainder shall be garden apartments.
B.
Insofar as the purpose of the MFR Zone is to meet the needs of a broad cross section of the population not currently being accommodated by single-family dwellings, and insofar as the nature of potential MFR District households may not only impose economic limitations but will also be such that small dwelling units will be desired (particularly for the elderly and young single individuals or couples), the following requirements are established:
§ 100-64 Applicability.
§ 100-65 Access and traffic control.
In order to facilitate efficient traffic circulation within the site and to prevent traffic congestion, access and traffic control shall be provided for each lot in the following manner:
A.
Not more than two accessways per lot shall be permitted.
B.
Each accessway shall be not less than 15 feet in width for one-way traffic and not less than 20 feet nor greater than 35 feet in width for two-way traffic.
C.
All accessways shall be paved with an asphaltic or concrete material so as to be hard surfaced, dust free, well drained and safe for ingress and egress of motor vehicles.
D.
Curb cuts shall not exceed 50 feet in width.
E.
No accessway shall be closer than 75 feet to another accessway or 25 feet to a side lot line or closer than 250 feet to any intersection of street lines.
F.
Speed-change lanes (acceleration and declaration) may be required by the Planning Board when, in the judgment of the Township Engineer, sufficient vehicular volume is generated by the activity and traffic-flow volume and patterns on the primary access street justify such requirement. Required speed-change lanes shall be designed in accordance with A Policy on Geometric Design of Rural Highways, Chapter VII, pages 341 through 358, copyright 1966, published by American Association of State Highway Officials general offices, 917 National Press Building, Washington, D.C., and be subject to approval of the Township Engineer.
G.
Access to the street shall be physically separated by a curb, planting strip or other suitable barrier against unchanneled traffic.
H.
All two-way accessways shall have appropriate lane markings and directional indicators.
I.
Lighting facilities shall be installed to light accessways adequately and shall be installed so as to reflect light downward and away from any adjoining lots and from any street.
J.
Traffic-directing signs may be required by the Planning Board where large traffic volumes would create congestion and unsafe conditions.
§ 100-66 Signs.
Signs, other than those relating to the principal use described in § 100-55H, shall conform to the provisions of Article IX, § 100-52, of this Part 1, except that in lieu of a sign identifying any individuals, one sign not exceeding 10 square feet in area may be erected at each access point giving the name of the development.
§ 100-67 Landscaping.
A.
Existing trees on the lot shall be preserved wherever possible. The protection of trees six inches or more in diameter (measured at a height 4 1/2 feet above the original grade) shall be a factor in determining the location of open space, structures, underground utilities, walks and paved areas. Areas in which trees are preserved shall remain at original grade level and undisturbed wherever possible.
B.
Where extensive natural tree cover and vegetation does not exist and cannot be preserved on the lot, landscaping shall be regarded as an essential feature of the lot. In these cases, extensive landscaping shall be undertaken in order to enhance the appearance of the lot, to aid in erosion control, to provide protection from wind and sun, to screen streets and parking areas and to enhance the privacy of dwelling units.
C.
A minimum of 15% of the area of all special flood hazard areas as designated on the applicable Federal Insurance Administration Flood Hazard Boundary Map shall be planted with a coverage of trees or shrubs designed to prevent erosion in the event of flooding. The remaining area within such floodplains shall be planted with grass or other suitable ground cover or left in a state of natural vegetation.
D.
A landscaping plan shall be submitted to the Planning Board for approval prior to any lot being used for multifamily dwelling purposes, and no certificate of occupancy for any multifamily dwelling on the lot shall be issued before such landscaping is substantially complete.
§ 100-68 Utilities.
A.
Sanitary sewer. Every sanitary sewer disposal system on each lot shall be connected to and discharge its sanitary sewage into an adequate public sewage system acceptable to the Township Engineer as well as the New Jersey State Department of Environmental Protection, and approved by the Township Board authorized to grant site plan approval.
[Amended 12-30-1981 by Ord. No. 81-23]
B.
Storm sewer. Every lot shall contain a stormwater system designed to prevent stormwater runoff to adjacent lots and streets at rates greater than rates prior to construction. Additional runoff may be directed to adjacent streams upon approval of runoff calculations and designs acceptable to the Township Engineer.
(1)
Retention ponds may be approved by the Township Engineer, provided that such ponds shall be completely enclosed by fencing at least four feet high with maximum openings of 15 square inches and not more than two operable openings which are to be kept locked when not in use. Such fencing is to be screened by planting when visible from streets or adjacent residential areas.
(2)
In the event that a storm sewer line shall cross a sanitary sewer line, the storm sewer line shall be above.
C.
Water. All water for dwelling units, swimming pools, maintenance, etc., shall be secured from a public water system acceptable to the Township Engineer and to any applicable requirement of the New Jersey Department of Environmental Protection, and approved by the Township Board authorized to grant site plan approval.
[Amended 12-30-1981 by Ord. No. 81-23]
D.
All telephone, electric and cable television utility lines shall be installed underground.
E.
Lighting.
(1)
All streets, off-street parking areas and areas of intensive pedestrian use shall be adequately lighted. All such lighting shall be designed and located so as to direct light away from adjacent residences.
(2)
Adequate lighting shall be provided after dark. Appropriate lighting fixtures shall be provided for walkways and to identify steps, ramps and signs. Such lighting shall be designed and located so as to direct light away from adjacent residences.
§ 100-69 Common open space.
The following provisions shall apply to all lands on the lot not part of individual dwelling units or a use permitted by § 100-55H or maintained by the lot owner or his agent, which lands are called common open space:
A.
All improvements of the common open space(s), including recreational facilities, buildings and landscaping, shall be completed before any certificate of occupancy is granted for a building on the lot.
B.
The lot owner shall provide for and establish an organization for the ownership, maintenance and preservation of common open space, which shall conform to the following standards and procedures:
(1)
The organization shall be established by the lot owner before the sale or rent of dwelling units and before the issuance of a certificate of occupancy for the dwelling unit.
(2)
The form, financial capability, rules of membership and methods of cost assessment of the organization shall be devised so as to ensure the successful fulfillment of the maintenance, preservation and improvement responsibilities of the organization.
(3)
The organization shall have or hire adequate staff to administer common facilities and maintain the common open space for the primary benefit of the residents of the lot. Such organization shall not be dissolved and shall not dispose of any common open space, by sale or otherwise, except to an organization conceived and established to own and maintain the common open space for the benefit of the development, thereafter such organization shall not be dissolved or dispose of any of its common open space without first offering to dedicate the same to the Township.
(4)
Common open space shall be reserved by grant of easement, deed or covenant setting them aside for the benefit of the residents of the lot; however, the method of reserving such lands to such use shall be approved by the Planning Board and the legal documents to be used in connection therewith shall be subject to review by the Planning Board Attorney and as required in Subsection B(5) hereof.
(5)
All documents pertaining to any organization and to the common open space shall be subject to review of the Township Attorney, shall be countersigned by the Chairman of the Planning Board and the Mayor and shall be recorded before a certificate of occupancy for any dwelling unit on the lot is issued.
D.
The uses authorized for the common open space must be appropriate to the scale and character of the development, considering its natural features, size, land use intensity, potential population and the number and types of dwelling units to be located thereon. Whenever possible, common open space shall be designed as a contiguous area interspersed with residential areas with pedestrian and visual access available to all residents of the development.
E.
Significant natural features, such as woodland areas, large trees, natural watercourses and bodies of water, rock outcroppings and scenic views, shall be incorporated into common open space areas whenever possible.
F.
Development of a site must be planned so as to coordinate the establishment of common open space areas and the construction of dwelling units.
G.
In the event that the aforesaid organization shall fail to maintain the open space in reasonable order and condition, the Township Committee may serve written notice upon such organization or upon the owners of the development setting forth the manner in which the organization has failed to maintain the open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within 35 days thereof and shall state the date and place of a hearing thereon which shall be held within 15 days of the notice. At such hearing, the Township Committee may modify the terms of the original notice as to deficiencies and may give a reasonable extension of time, not to exceed 65 days, within which they shall be cured. If the deficiencies set forth in the original notice or in the modification thereof shall not be cured within said 35 days or any permitted extension thereof, the Township, in order to preserve the open space and maintain the same for a period of one year, may enter upon and maintain such land. Said entry and maintenance shall not vest in the public any rights to use the open space except when the same is voluntarily dedicated to the public by the owners. Before the expiration of said year, the Township Committee shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the open space, call a public hearing upon 15 days' written notice to such organization and to the owners of the development, to be held by the Township Committee, at which hearing such organization and the owners of the development shall show cause why such maintenance by the Township shall not, at the election of the Township, continue for a succeeding year. If the Township Committee shall determine that such organization is ready and able to maintain said open space in reasonable condition, the Township shall cease to maintain said open space at the end of said year. If the Township Committee shall determine such organization is not ready and able to maintain said open space in reasonable condition, the Township may, in its discretion, continue to maintain said open space during the next succeeding year, subject to a similar hearing and determination in each year thereafter. The decision of the Township Committee in any such case shall constitute a final administrative decision subject to judicial review.
H.
The cost of such maintenance by the Township shall be assessed pro rata against the properties within the development that have a right of enjoyment of the open space in accordance with assessed value at the time of imposition of the lien, and shall become a lien and tax on said properties and be added to and be a part of the taxes to be levied and assessed thereon, and enforced and collected with interest by the same officers and in the same manner as other taxes.
§ 100-70 Site design requirements.
A.
The natural features of the site shall be a factor in determining the siting of dwelling unit structures. The results of the natural features analysis in § 100-71 shall be considered in the siting of all dwelling unit structures.
B.
Dwelling unit structures shall be located and sited so as to promote pedestrian and visual access to common open space wherever possible.
C.
Dwelling unit structures shall be located and arranged so as to promote privacy for residents within the development and maintain privacy for residents adjacent to the development.
D.
Dwelling unit and other structures located within 200 feet of the perimeter of the lot must be set back by a distance sufficient to protect the privacy of adjacent existing uses.
E.
The design of all dwellings, accessory structures, lighting standards, signs and other improvements shall generally conform in character with each other. Innovative design which relates to the character of landscape and topography shall particularly be encouraged.
F.
Overall or component building lengths.
(1)
No townhouse dwelling unit shall be less than 16 feet wide. Apartment buildings may consist of any configuration that meets the prescribed area and yard requirements and does not exceed the following overall or component building lengths:
 |
(2)
Buildings measured along the center line shall provide one opening at ground level at least every 250 feet. This opening shall be a minimum of 15 feet in clear width and height and be at an elevation enabling emergency vehicle access through the opening.
G.
Each dwelling unit and combined complex of dwelling units shall have a compatible architectural theme with variations in design to provide attractiveness to the development, which shall include consideration of landscaping techniques, building orientation to the site and to other structures, topography, natural features and individual dwelling unit design such as varying unit widths, staggering unit setbacks, providing different exterior materials, changing rooflines and roof designs, altering building heights and changing types of windows, shutters, doors, porches, colors and vertical or horizontal orientation of the facades, singularly or in combination for each dwelling unit. Any overall structure of attached townhouses shall provide that no more than two adjacent dwelling units have the same setback.
H.
Sufficient area and equipment shall be made available within each building for the laundering and artificial drying of laundry of occupants of each building.
I.
Each residential building shall contain a single master television antenna system which shall serve all dwelling units within the building.
J.
Courts bounded on three or more sides by the wings of a single building or by the walls of separate buildings shall have a minimum court width of two feet for each one foot in height of the tallest adjacent building.
K.
No garden apartment building or attached group of townhouses shall be located within 25 feet of another structure.
L.
Every apartment building or attached group of townhouses shall have a minimum setback of 20 feet from any and all streets, interior roads, driveways and parking areas.
M.
Garages or carports not a part of a garden apartment dwelling structure but intended for use of the residents of a multiple-family dwelling structure and all other accessory buildings shall be located at least 15 feet from the nearest wall of any garden apartment dwelling structure.
N.
Open space adjacent to, around or between buildings not surfaced as walkways, driveways, parking areas, utility areas or other required improvements shall be graded and seeded to provide a thick stand of grass or other plant material. Approaches to apartment and townhouse dwelling structures and entrance areas shall be attractively shrubbed and properly maintained.
O.
Each apartment dwelling unit or townhouse shall contain complete kitchen facilities and toilet, bathing and sleeping facilities and shall have a habitable floor area in accordance with the following:
(1)
An efficiency apartment shall contain a minimum of 600 square feet.
(2)
A one-bedroom apartment or townhouse shall contain a minimum of 700 square feet.
(3)
An apartment or townhouse with more than one bedroom shall contain the minimum square footage of habitable floor area required for a one-bedroom apartment plus 250 square feet for each bedroom above one bedroom.
P.
In addition to the required habitable floor area, there shall be a minimum storage area in each residential building for bicycles, perambulators, furniture and similar types of equipment of 50 square feet in area and a minimum of seven feet in height per dwelling unit. Storage areas for each dwelling shall be separate and designed for individual access by dwelling unit residents.
Q.
Garbage pickup and other utility areas must be provided and shall be located with a view both to convenience and to minimizing the detrimental effect on the aesthetic character of the building(s) and shall be enclosed and shielded from view by fencing, walls or shrubbery of at least six feet in height around the perimeter. Fencing and walls shall be not more than 50% open on the vertical surface.
§ 100-71 Natural features analysis.
In order to determine which specific areas of a lot are best suited for high-density development, which areas are best suited for lower-density development and which areas should be preserved in their natural state as open space areas, a thorough analysis of the natural features of the lot will be required. The following subject categories must be included in this analysis:
A.
Hydrology. Analysis of natural drainage patterns and water resources, including an analysis of streams, natural drainage swales, ponds or lakes, wetlands, floodplain areas, permanent high water table areas and seasonal high water table areas throughout the site.
B.
Geology. Analysis of characteristics of rock formations underlying the site, including defining aquifers (particularly those locally subject to pollution), shallow bedrock areas and areas in which rock formations are unstable.
C.
Soils. Analysis of types of soils present in the site area, including delineation of prime agricultural soil areas, aquifer recharge soil areas, unstable soils, soils most susceptible to erosion and soils suitable for urban development.
D.
Topography. Analysis of terrain of the lot of elevation and delineation of slope areas over 20%, between 10% and 20%, and under 10%.
E.
Vegetation. Analysis of tree and plant cover of the lot emphasizing the location of woodland and meadowland areas. Dominant tree and plant species should be identified and the characteristics of each understood.
F.
Microclimate. Analysis of seasonal temperatures, seasonal precipitation, seasonal prevailing winds and daily hours of sunlight in specific areas of the site.
§ 100-72 Community impact analysis.
In order to determine the impact of the development upon the municipality, an analysis of the potential effects of the development upon public facilities, utilities and public street systems will be required. A comparison of the costs to the municipality versus the revenues to the municipality produced by the development will be included in the analysis. Market analysis data which estimates potential market demand for various types of housing in the area of the proposed site may also be required.
§ 100-73 Industrial use permit; site plan review.
Prior to using any land or to erecting, altering or occupying any structure for any use permitted in § 100-55A of this Part 1, site plan approval pursuant to Chapter 100, Part 2, Development Regulations, shall be obtained.
B.
Following site plan approval as above described, a certificate of occupancy shall be issued by the Zoning Officer, provided that all improvements required by such site plan approval have been installed or constructed and the building, structure or use is ready for occupancy.
E.
Each site plan submitted to the Planning Board for approval shall be accompanied by an environmental impact statement which shall address the following issues and items:
(1)
The anticipated impact of the proposed project on the environment in terms of traffic, population, noise, water supply, water runoff, sewage, electrical demand and aesthetics.
(2)
The compatibility of the proposed development with the development goals as expressed in the Township Master Plan.
(3)
The commitment of natural resources such as water, gas and electricity as a result of the proposed development. Signed statements from the managers of the various utilities affected must be included stipulating that the proposed development will:
(4)
If the proposed development requires the clearing of a forested area, the damage to select stands of native trees be damaged and the serious effect of natural wild life in the area.
(5)
All changes in natural water runoff and the ultimate disposal of the stormwaters collected within the proposed site described in detail. The environmental effects of the runoff and the location of the stormwater discharge points must be discussed to ensure that no substantial increases in flooding will occur as a result of the development.
(6)
All changes in air pollution, noise levels and other environmental quality indices which may result from the proposed development must be specifically discussed in the report.
(7)
All methods of construction to be used during the building phase outlined and specific restraints specified to avoid any adverse affects upon the surrounding area, including effects of traffic, noise and soil erosion.
F.
Prior to the issuance of final approval on any development, proof must be submitted to the Planning Board by the applicant that the standards contained in this Part 1 will be complied with. If there is any reasonable doubt that the intended use will conform to any of said standards, the Planning Board shall request from the applicant a fee, as established in Chapter 83, Fees, for each section in doubt, which will be used to defray the cost of a special report to the Planning Board by an expert consultant qualified to advise on conformance to the required standard, and any portion of such fee not necessary to defray such cost shall be returned to the applicant. Said report shall be made within 30 days of the request and copies of it made available to the applicant.[1]
G.
Prior to the issuance of final site plan approval for any planned development, the Planning Board shall find the following facts and conclusions:
(1)
Departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the standards in this Part 1.
(2)
The proposals for maintenance and conservation of the common open space are reliable and the amount, location and purpose of the common open space are adequate.
(3)
Provision through the physical design of the proposed development for public services, control over vehicular and pedestrian traffic and the amenities of light and air, recreation and visual enjoyment are adequate.
(4)
The proposed development will not have an unreasonably adverse impact upon the area in which it is proposed to be established.
(5)
In the case of a proposed development which contemplates construction over a period of years, the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development are adequate.
H.
If, with respect to the development requiring site plan approval, water is to be supplied (either through a private, semiprivate or public system) to the site from a well or wells, the site plan submitted to the Planning Board for approval shall be accompanied by the following, and approved only on compliance with the following:
[Added 12-30-1981 by Ord. No. 81-23]
(1)
Water supply budget.
(a)
(b)
The above-mentioned budget shall show the total water demand served by the water supply system providing water to the proposed development, including any water demand generated by already existing development served by such water supply system. The budget shall also show that the applicant owns, or has obtained, the right to withdraw groundwater from, or a release as to withdrawal of groundwater from, an area of land which is sufficient in acreage to provide a water supply necessary to meet the total water demand served by the said water supply system, and based on such supply withdrawing groundwater by such wells at a rate not exceeding the safe sustained yield of applicable aquifers calculated from Appendix C.[5] The area of land referred to shall encompass said wells and, as to each such well, shall be contiguous or separated only by streets or roads.
[5]
Editor's Note: Appendix C is located at the end of this chapter.
(2)
As to any use of any new well in connection with furnishing such water supply and which, according to such approved water supply budget, would require a water supply capacity exceeding 25 gallons per minute, pump-test data shall be supplied for such well. Such data shall arise from an aquifer pump test of such well as follows:
(a)
The test shall be of at least 12 hours duration and until either a steady state of drawdown is reached or a point as nearly as practicable to such state is reached.
(b)
The discharge area from such test well shall be suitably distant from the pumping of observation wells.
(c)
As to the pumping or test well, there shall be furnished measurement of the static water level, drawdown levels, recovery levels, discharge rate and discharge volume, as well as one set of chemical samples taken during the test.
(d)
An observation well to the test well, or observation wells if more than one is appropriate to furnish adequate test results, shall be utilized. As to such observation well(s), there shall be furnished measurement of static, drawdown and recovery water levels. Such observation well(s) shall be in hydrologic continuity with the test well and a suitable distance (approximately 0.5 to 1.5 of the depth of the test well) from it. Notification shall be given by the applicant to the Township Engineer at least 48 hours prior to any time when it is proposed to obtain measurements from such observation well(s), and such Engineer shall be permitted, if he desires to do so, to observe the operations during which the measurements are taken.
(3)
Substantiation and determination by the Planning Board that the use of the proposed new or expanded well for the development will not have a significant adverse effect on other existing water supplies. A depletion of more than 50% of the original available drawdown (as revealed by original well completion test data or other such source) of such existing wells arising during the operation of the proposed new or expanded well shall be deemed a significant adverse effect as referred to above.
(4)
A description disclosing the identity of the owner and the location of the involved well, and a description of the involved pumping apparatus and distribution system.
(5)
Use of wells.
(a)
As to any development involving the use of a well or wells in connection with furnishing such water supply and which, according to such approved water supply budget, would require a capacity of such water supply in excess of 25 gallons per minute, the applicant shall be permitted, upon submission of pump-test data for the involved well(s) as is required above, as well as any additional data which may reasonably be required by the Planning Board, to attempt to establish to the satisfaction of the Planning Board that:
[1]
With the water supply system involved withdrawing groundwater by such wells at a rate not exceeding the safe sustained yield of the applicable aquifer (such yield being an amount which will not, considering climatic abnormalities such as drought, on a sustained basis exceed the available groundwater recharge of the aquifer).
(b)
The Planning Board may consider in reaching its decision competent evidence supplied by any consultant retained by the Board, as well as such evidence supplied by the applicant and other interested parties. The Planning Board shall approve such smaller land area only if the validity of using such smaller land area, rather than that required by a calculation under Subsection H(1), is established by a preponderance of the substantial credible evidence.
I.
If, with respect to the development requiring site plan approval, water is to be supplied to the site from a well which is an already existing well serving as a water supply for a public water supply system, the site plan submitted to the Planning Board or Board of Adjustment, as the case may be, for approval shall be accompanied by a description identifying the owner and location of the water supply system, the location of the existing distribution point to which the proposed development would be connected and documentary proof that the water supply facility has available excess capacity in terms of its allowable diversion and equipment to supply the proposed development and is willing to do so.
[Added 12-30-1981 by Ord. No. 81-23]
§ 100-74 Permitted uses.
In the COM Commercial District, no lot or structure shall have as a principal use and no structure shall be located, relocated, erected, constructed, reconstructed, enlarged or structurally altered for the purpose of any principal use, except the following:
A.
Retail sales of goods and services, provided that all goods shall be stored or services shall be performed within a building or buildings, except that services may be performed off the premises of said lot.
B.
Restaurants, bars, taverns.
C.
Banks, including drive-in facilities.
D.
Business and professional offices.
E.
Theaters and indoor and outdoor commercial recreation areas and facilities.
F.
Agricultural or garden centers.
G.
Bed-and-breakfast inns.
H.
Churches; community centers; buildings used exclusively by federal, state, county and local government for public purposes; clubs, lodges and meeting rooms of nonprofit organizations.
J.
Fitness studios and instructional uses.
[Added 3-1-2022 by Ord. No. 2022-02]
K.
The following conditional uses:
(1)
Gasoline service stations, provided that:
(a)
All fuel tanks shall be placed underground.
(b)
All pumps, lifts and other service facilities shall be located no closer than 35 feet to any lot or street line.
(c)
No vehicle shall be stored in the open, except those awaiting minor repairs, and then only for a period not to exceed 10 business days.
(d)
All lubricating, making of minor repairs or similar activities shall be performed in an enclosed building.
(e)
Separate accessways shall be provided for the safe and convenient egress and ingress of motor vehicles. No accessway shall exceed 35 feet in width nor be less than 15 feet in width.
(f)
Access to the street shall be physically controlled by a concrete curbing at least eight inches in height.
(g)
One off-street parking space shall be provided for each full- and part-time employee at maximum shift, plus four additional such spaces for each service bay.
(h)
Gasoline service stations shall otherwise comply with the regulations for the COM District.
(2)
Drive-in food stands, provided that:
§ 100-75 Permitted accessory uses.
Customary accessory uses and structures to any of the uses described in § 100-74 are permitted, excluding the following:
§ 100-76 Lot area.
A minimum lot area of five acres shall be required.
§ 100-77 Lot frontage.
A minimum frontage on a street of not less than 200 feet shall be required.
§ 100-78 Setbacks.
No building or part of a building shall be closer than 100 feet to the nearest street center line.
§ 100-79 Lot depth.
A minimum lot depth of 250 feet shall be required.
§ 100-80 Yards.
The following front, side and rear yards shall be provided on each lot, which yards shall not include or be used for parking (except as stated below), buildings, loading or storage:
A.
Front yard. Front yards shall be at least 50 feet in depth, except that where off-street parking is provided in the front yard, they shall be at least 75 feet in depth.
B.
Side yard. Side yards abutting on a residential district shall be at least 75 feet in depth. Other side yards shall be at least 25 feet in depth. Buildings shall be at least 20 feet apart, except where two or more adjacent properties in separate ownership are submitted simultaneously for site plan review, in which case buildings may be built to the interior side lines in order to be attached. Proper legal documentation shall be filed showing necessary rights-of-way or easements across the adjacent lots.
C.
Rear yard. Rear yards abutting on a residential district shall be at least 75 feet in depth. All other rear yards shall be at least 25 feet in depth.
§ 100-81 Height, coverage, floor area ratio, water budget.
A.
Height. No structure shall exceed 2 1/2 stories and 35 feet in height.
B.
Coverage. Not more than 6 1/2% of the lot area shall be covered by structures. Not more than 30% of the lot area shall be covered by structures and paved surfaces.
C.
Floor area ratio. A floor area ratio of 6 1/2% shall be the aggregate permitted maximum floor area of all structures on the lot.
§ 100-82 Corner lots.
§ 100-83 Existing lots of record.
[Amended 6-1-1993 by Ord. No. 1993-7]
Lots of record in the COM Commercial District existing on March 1, 1993, which do not meet the minimum lot area or dimensional requirements set forth for lots in said district, and which cannot be rendered conforming by merger with adjoining lands in common ownership, shall be permitted to be developed, redeveloped or improved with the uses permitted at § 100-74 in accordance with the following requirements:
A.
The front, side and rear yards can be reduced in the same proportion as the area of the lot bears to the minimum lot area otherwise established for lots in the COM Commercial District, so long as the building height, coverage and floor area ratio requirements for lots in the COM Commercial District are not violated, and so long as no side or rear yard is less than 20 feet and no front yard is less than 25 feet.
§ 100-84 Access and traffic control.
In order to facilitate efficient traffic circulation within the lot and to prevent traffic congestion, access and traffic control shall be provided in the following manner:
A.
No more than two accessways per lot shall be permitted.
B.
Each accessway shall be not less than 15 feet in width for one-way traffic, and not less than 20 feet nor greater than 35 feet in width for two-way traffic.
C.
All accessways shall be paved with an asphaltic or concrete material so as to be hard surfaced, dust free, well drained and safe for ingress and egress of motor vehicles.
D.
Curb cuts shall not exceed 50 feet in width.
E.
No accessway shall be closer than 20 feet to another accessway or side lot line, or closer than 150 feet to any intersection of street lines.
F.
Speed change lanes (acceleration and deceleration) may be required by the approving authority when, in the judgment of the Township Engineer, sufficient vehicular volume is generated by the establishment, and traffic flow volume and patterns on the primary access street justify such requirement.
G.
Access to the street shall be physically separated by a curb, planting strip or other suitable barrier against unchanneled traffic.
H.
All two-way accessways shall have appropriate lane markings and directional indicators.
I.
Lighting facilities shall be installed to light accessways adequately and shall be installed so as to reflect light downward and away from any adjoining lots and from any street.
J.
Traffic-directing signs may be required by the approving authority where large traffic volumes could create congestion and unsafe conditions.
K.
The use of common accessways by two or more permitted uses shall be encouraged to reduce the number and closeness of access points along public streets.
L.
Conforming corner lots shall be allowed two accessways per street, provided that adequate means of discouraging through traffic are employed.
§ 100-85 Parking regulations.
A.
The minimum number of required off-street parking spaces per establishment (except for gasoline service stations and drive-in food stands, whose requirements are set forth in § 100-74I) shall be as follows:
[Amended 3-1-2022 by Ord. No. 2022-02]
(1)
Retail sales establishments and banks shall provide one space for each 250 square feet of floor area of such establishment.
(2)
Business and professional offices shall provide one space for each 300 square feet of floor area of such establishment.
(3)
Restaurants, bars and taverns shall provide one space for each three seats/stools and one space for each two employees at maximum shift.
(4)
Theaters and indoor or outdoor commercial recreation areas and facilities shall provide one space for every three seats, or 300 square feet of gross floor area or fraction thereof, whichever is greater, in the largest area of assembly, of all churches, community centers, businesses used exclusively by the government for public purposes, clubs, lodges and meeting rooms of nonprofit organizations.
(5)
Personal services shall provide one space for each 200 square feet of such establishment.
(6)
Instructional uses shall provide one space for each 120 square feet of such establishment.
(7)
Fitness studios shall provide one space for each 150 square feet of such establishment.
B.
Off-street parking spaces shall be located on the same lot as the use they are intended to serve.
§ 100-86 Landscaping and screening.
The following regulations shall apply to all lots having a use permitted in § 100-74:
A.
Landscaping. All areas not devoted to buildings or structures, parking, accessways, barriers, screening, loading or drives, streets or pedestrian walks shall be landscaped with grass, trees or shrubs.
B.
Screening. Lots in the COM District which adjoin or abut a residential district shall be permanently screened by a wall, fence, evergreen hedge or other suitable planting of a minimum height of four feet to shield adjacent residential districts from parking lot illuminations, headlights, fumes, blowing papers, noise and dust, and to reduce the visual encroachment of nonresidential architecture, signs and activity on residential privacy and residential neighborhood character. There shall be no signs or advertising permitted on the facades of screening visible from adjoining residential districts.
C.
A minimum of 15% of the area of all special flood hazard areas as designated on the applicable Federal Insurance Administration Flood Hazard Boundary Map shall be planted with a coverage of suitable trees or shrubs designed to prevent erosion in the event of flooding. The remaining area within such floodplains shall be planted with grass or other suitable ground cover or left in a state of natural vegetation.
§ 100-87 Signs.
Signs shall be permitted in the COM Commercial District under the following conditions:
B.
Signs for permitted commercial establishments [meaning those with uses permitted by § 100-74A through J and K(1) and (2)], provided that such signs conform to the following regulations:
[Amended 3-1-2022 by Ord. No. 2022-02]
(1)
Signs shall only advertise the use, activity, establishment, product, and/or services which are sold, produced, manufactured, available or furnished on the lot on which such signs are located.
(2)
Signs shall be stationary and shall not contain any visible moving or movable parts. Any lighting on a sign shall be continuous, indirect and installed in a manner that will prevent direct light from shining into any street or adjacent lot.
(3)
Signs shall be attached to the facades of buildings and then only to the street-facing facades, shall be permanently attached to the building and shall not project farther than six inches from the building wall. The total area of all signs on any street-facing facade shall not exceed 10% of the area of the facade in question, or 50 square feet, whichever is less, regardless of the number of signs or the number of establishments within the building. No more than one sign shall be permitted for each establishment in the building, except that where a building has more than one street-facing facade, an establishment having entrances from both street-facing facades may be permitted to have a sign on each street-facing facade on which it has an entrance, up to a maximum of two such signs per establishment.
(4)
Instead of an attached sign, a business may have one freestanding monument sign per street frontage, subject to the following requirements:
(a)
The maximum height of a freestanding monument sign shall be six feet.
(b)
A freestanding monument sign shall not be greater than 45 square feet.
(c)
Freestanding monument signs shall not be located within or encroach upon sight triangles and shall be set back at least 10 feet from all property lines.
(d)
Freestanding monument signs may be illuminated. All illumination shall be shielded. Illuminated signs shall not interfere with motorist vision. Sign illumination shall not exceed five footcandles at the property line.
(5)
The following additional signs shall be permitted at gasoline service stations:
(a)
Directional signs or lettering displayed on the building wall over individual entrance doors or bays, consisting only of the words "washing," "lubrication," repair," "mechanic on duty" or other words closely similar in import, provided that there shall be not more than one such sign over each entrance or bay, and the letters thereof shall not exceed 12 inches in height, and such lettering shall be limited to one line.
(b)
Customary lettering or other insignia which are a structural part of, or attached to, a gasoline pump, consisting only of the brand name of gasoline sold, lead warning signs, price indicators and signs required by law and not exceeding a total of three square feet on each pump.
(c)
Canopy lettering, if a canopy exists, identifying the company or brand name or the insignia or emblem of the company or brand sold on the premises, provided that such lettering shall be permitted on two sides of the canopy only and shall not exceed a total area of 12 square feet per side.
§ 100-88 Loading and solid waste disposal requirements.
Off-street loading shall be provided for each commercial establishment (as defined above in § 100-74) in accordance with the following requirements:
A.
All off-street loading shall take place on the lot on which the establishment is located and shall not occupy any required off-street parking space. No loading shall be allowed from any curb, sidewalk or street.
B.
A minimum of one off-street loading space shall be required for up to the first 7,000 square feet in each establishment, plus one space for each additional 10,000 square feet of the same.
C.
The minimum dimensions of an off-street loading space shall be 15 feet in width, 40 feet in depth and 16 feet in overhead clearance.
D.
Truck loading facilities shall be designed so that trucks will not back in or out of a street.
E.
Each building shall have at least one designated trash and garbage pickup location separated from customer parking areas.
§ 100-89 Lighting.
§ 100-90 Utilities.
A.
Sanitary sewer. Every sanitary sewage disposal system on each lot shall be connected to and discharge its sanitary sewage into an adequate public sewage system approved by the Township Engineer as well as the New Jersey State Department of Environmental Protection.
B.
Water.
(1)
If water is to be supplied to the site from a well or wells (whether through a private, semiprivate or public system), the preliminary site plan submitted to the approving authority for approval shall comply with all of the requirements of § 100-73H and I with respect to submissions and standards. Water demand for commercial development shall be calculated from Appendix A annexed thereto;[1] provided, however, that the minimum demand for water shall not be less than the following:
Type of Use | Gallons per day | |
|---|---|---|
Retail | 0.125 gallons per square foot of floor area | |
Office | 0.125 gallons per square foot of floor area or 15 gallons per employee, whichever is greater. | |
Restaurant | 10 gallons per patron | |
Drive-in restaurant | ||
With no sanitary facilities | 5 gallons per patron | |
With sanitary facilities | 10 gallons per patron | |
[1]
Editor's Note: Appendix A is located at the end of this chapter.
(2)
Where information is available as to actual water usage in an existing water supply system, in lieu of the above, the average daily water usage over the prior one-year period by already existing development may be used.
§ 100-91 Site plan review.
§ 100-91.1 Design.
The design of all buildings on the same lot shall be coordinated to complement one another and to reflect a unified architectural theme. Such design theme shall address, but not by way of limitation, facades, rooflines, building materials and colors, details, lighting fixtures, amenities and street furniture.
§ 100-91.2 Permitted uses.
In the PCD/PSV District, no lot or structure shall have as a principal use, and no structure shall be located, relocated, erected, constructed, reconstructed, enlarged or structurally altered for the purpose of, any principal use other than the following:
A.
Single-family dwellings, in accordance with the regulations for the same (including permitted accessory uses, lot area, yard and other requirements) in the R-5 Residential District only and specifically not in accordance with the requirements set forth herein for planned commercial development (PCD) and/or planned senior village development (PSV).
[Amended 7-6-2010 by Ord. No. 2010-12A]
C.
Planned senior village development.
(1)
Planned senior village (PSV) development consisting of the following:
(a)
Age-restricted housing, including attached quadriplexes and building(s) containing assisted-living units and/or senior citizens apartments with supportive services.
(b)
Planned commercial development, comprising a minimum of 12 acres and a maximum of 25 acres of the total land area of the PSV.
(c)
Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill and community residences for persons with head injuries.
(2)
The applicant for subdivision and/or site plan approval for a planned senior development shall demonstrate to the approving authority that provision has been made for all of the above three types of uses in the development.
§ 100-91.3 Permitted accessory uses.
A.
Customary accessory uses and structures to any of the principal uses permitted in a PCD, excluding the following:
B.
In conjunction with PSV development, only the following accessory uses are permitted:
(1)
Recreation uses, including but not limited to horseshoe courts, tennis courts, bocce courts, handball courts, pitch and putt golf courses, exercise trails and similar facilities, all for the exclusive use of the residents of the development and their guests.
(2)
Clubhouse facilities, which may include a swimming pool; garages and storage facilities for recreational vehicles and/or household goods for the exclusive use of the residents of the development; community meeting rooms; maintenance sheds; a gymnasium or health club and/or party room, all for the exclusive use of the residents of the development and their guests.
(3)
Surface parking areas.
§ 100-91.4 Tract area.
A.
A minimum tract area of 40 acres shall be required for any PCD or PSV development, except as set forth in § 100-91.4B below.
B.
A minimum lot area of five acres shall be required for any individual lot in the PCD/PSV Zone that is not proposed to be developed as part of a PCD or PSV for which a preliminary site plan approval has previously been granted under the provisions of this article. When preliminary site plan approval has been granted for a PCD or PSV and a subdivision is subsequently proposed for a portion of the PCD or PSV, the minimum lot area and dimensional requirements for individual lots in the PCD/PSV Zone shall not be applicable, provided that all of the terms and conditions of the previously approved PCD or PSV and all other requirements applicable to the subdivision of land in this Chapter 100 shall be met.
C.
A minimum tract area of 12 acres shall be required for the mandatory PCD portion of a PSV.
D.
For the purposes of determining total tract area, public streets located between properties developed as part of a PCD or PSV and constructed by the developer of the PCD or PSV shall not be considered to divide or otherwise diminish the total tract area.
§ 100-91.5 Tract and individual lot frontage.
A minimum street frontage of not less than 300 feet shall be required for a tract developed and used as either a planned commercial development (PCD) or a planned senior village development (PSV). A minimum street frontage of not less than 200 feet shall be required for any individual lot in a PCD.
§ 100-91.6 Tract and individual lot depth.
A minimum lot depth of 500 feet shall be required for a tract comprising a planned commercial development or planned senior village development, and a minimum lot depth of 250 feet shall be required for any individual lot within a planned commercial development.
§ 100-91.7 Setback requirements applicable to both planned commercial developments and planned senior village developments.
Except as otherwise provided below in this section, no building or part of a building, nor any off-street parking area, shall be closer than 100 feet to the nearest preexisting street center line. No building or part of a building and no off-street parking or loading area shall be closer than 25 feet to the edge of the pavement of any public or publicly maintained street within and developed as part of a planned commercial development. No building or part of a building and no loading area shall be closer than 75 feet to any tract boundary, and no off-street parking area shall be closer than 30 feet to any tract boundary. The distance between any two detached buildings shall be a minimum of 20 feet, except where an accessway intervenes, in which case the distance shall be a minimum of 30 feet.
§ 100-91.8 Access and traffic control.
In order to facilitate efficient traffic circulation within a planned commercial development and/or a planned senior village development, and to prevent traffic congestion, access and traffic control shall be provided in the following manner:
A.
Access to all uses within a planned commercial development and/or a planned senior village development shall be provided by means of at least one new public street from Route 519. There shall be no more than two points of access to a PCD or PSV development and/or any portion thereof from County Route 519.
B.
Access to individual buildings within a planned commercial development and/or a planned senior village development may be by means of individual accessways from new public streets; provided, however, that not more than two such accessways shall be permitted per building in a PCD or in a PCD portion of a PSV, and not more than one such accessway shall be permitted per building in the residential portion of the PSV. No individual building in a PCD or PSV development shall have direct driveway access to Route 519.
C.
The streets within a planned commercial development shall meet Township specifications for the construction of streets and roads. The streets within a planned senior village development shall be regulated by the residential site improvement standards (N.J.A.C. 5:21)
D.
Individual accessways and all driveways within a planned commercial development and/or planned senior village development shall conform to the following standards:
(1)
Each accessway shall be not less than 15 feet in width for one-way traffic and not less than 20 feet nor greater than 36 feet in width for two-way traffic.
(2)
All accessways shall be paved with an asphalt or concrete material so as to be hard surfaced, dust free, well-drained and safe for ingress and egress of motor vehicles.
(3)
Driveways shall not exceed 36 feet in width.
(4)
No accessway shall be closer than 20 feet to another accessway or side lot line. No accessway to a nonresidential use shall be closer than 150 feet to any intersection of street lines.
(5)
Parking areas shall be physically separated from public and/or private streets, driveways and each other by curbed islands, planting strips and/or other suitable barriers against unchanneled traffic.
(6)
Appropriate lane markings and directional indicators shall be provided as recommended by the Township Engineer.
(7)
As a minimum, streetlighting shall be installed to illuminate the intersections of all streets and accessways. Streetlighting shall be shielded with both horizontal and vertical cutoffs as needed so as to reflect light away from residential building windows within the development and away from adjoining properties and Route 519 and to prevent skyglow.
(a)
Streetlighting may also be required to be provided at other locations as recommended by the Township Engineer for safety reasons.
(b)
The type of required streetlighting to be supplied shall be in accordance with the recommendations of the Township Engineer. The light intensity provided for streetlighting shall average at least 0.5 footcandle at intersections and 0.2 footcandle for other streetlighting, if required, measured at ground level. The approving authority may require metal halide and halogen lighting to be filtered through tinted gels to reduce brightness and glare.
(c)
Wherever electric utility installations are required to be underground, the applicant shall provide for underground service for required streetlighting.
(d)
Streetlighting fixtures shall have mounting heights no higher than 16 feet; driveway, parking lot and courtyard lighting fixtures shall have mounting heights no higher than 12 feet. All lighting poles shall be constructed of pressure-treated wood, steel, cast iron or aluminum with poles and fixtures as approved by the Board. Streetlighting fixtures and poles shall be of consistent architectural style throughout the entire PCD and/or PSV development and shall complement the architectural style of the buildings.
(8)
Traffic-directional signs may be required by the approving authority where large traffic volumes could create congestion and unsafe conditions.
(9)
The use of common accessways by two or more permitted uses shall be encouraged to reduce the number and proximity of access points along public streets.
§ 100-91.9 Common open space.
A.
A planned commercial development (PCD) and/or a planned senior village development (PSV) shall contain common open space equivalent to a minimum of 35% of the tract area of the PCD and/or PSV development, as the case may be. Common open space shall exclude areas of the tract within 20 feet of buildings, parking areas and roads.
B.
Common open space areas within a PCD development may be improved with picnic and recreational facilities available to the general public as well as with drainage facilities and buffers. Walkways connecting a POD development with adjoining residential and PSV developments are permitted within the required common open space. The paved surfaces associated with such walkways or with picnic and recreational facilities available to the general public shall not be included in the computation of coverage.
C.
All fences placed within the required common open space shall be of wood construction.
D.
The developer of a PCD and/or PSV development shall provide for the establishment of an organization for the ownership, maintenance and preservation of the common open space. Such organization shall be established before any certificate of occupancy is issued for any use within the PCD/PSV development. Such organization shall be devised so as to ensure the successful fulfillment of the maintenance, preservation and improvement responsibilities of the organization, shall not be dissolved and shall not dispose of any common open space, by sale or otherwise, except to an organization conceived and established to own and maintain the common open space for the benefit of the development. Common open space shall be reserved by grant of easement, deed or covenant setting it aside for the benefit of the development; however, the method of reserving such lands to such use shall be approved by the approving authority, and the legal documents to be used in connection therewith shall be subject to review to the approving authority attorney and the Township Attorney. Recordable documents shall be recorded before any certificate of occupancy is issued for any use within the PCD and/or PSV development.
E.
Any area of special flood hazard as designated on the applicable Federal Insurance Administration Flood Hazard Boundary Map shall be included as part of the common open space and shall be planted with suitable trees, shrubs, grass and/or other ground cover, or left in a state of natural vegetation, to prevent erosion in the event of flooding.
§ 100-91.10 Utilities services.
A.
Sanitary sewer. Every sanitary sewage disposal system for each establishment and principal use within a planned commercial development or planned senior village development shall be required to be connected to and to discharge its sanitary sewage into an adequately designed public sewerage system approved by the Township Engineer, by the applicable utility authority and by the New Jersey Department of Environmental Protection and meeting all of the requirements of the residential site improvement standards (N.J.A.C. 5:21) with respect to the portion of the system serving planned senior village development.
B.
Water.
(1)
If water is to be supplied to a planned commercial development or a planned senior village development from a well or wells (whether through a private, semiprivate or public system), the preliminary site plan submitted to the approving authority for approval shall comply with all of the requirements of § 100-73H and I with respect to submissions and standards and shall meet all requirements of the residential site improvement standards (N.J.A.C. 5:21) with respect to the portion of the system serving planned senior village development.
(2)
The water demands for nonresidential uses shall be calculated from Appendix A,[1] annexed to § 100-73H; provided, however, that the minimum demand for water shall not be calculated on less than the following, unless another standard has been promulgated by NJDEP:
Type of Use | Gallons Per Day | |
|---|---|---|
Retail | .125 gallons per square foot of floor area | |
Office | .125 gallons per square foot of floor area or 15 gallons per employee, whichever is greater. | |
Restaurant | 10 gallons per seat | |
Clubhouse for age-restricted development | 5 gallons per day per dwelling unit in development, plus 25 gallons per day per employee. |
[1]
Editor's Note: Appendix A is located at the end of this chapter.
(3)
The water demands for residential uses shall be calculated from Appendix B,[2] annexed to § 100-73H; provided, however, that the minimum demand for water shall not be calculated on less than the following, unless another standard has been promulgated by the NJDEP:
Type of Use | Gallons Per Day | |
|---|---|---|
Non-age-restricted single-family dwelling or group home | 350 | |
One-bedroom age-restricted unit | 150 | |
Two-bedroom age-restricted unit | 175 | |
Three-bedroom age-restricted unit | 200 | |
Assisted living unit | 125 |
[2]
Editor's Note: Appendix B is located at the end of this chapter.
(4)
In lieu of the foregoing, where information is available as to actual water usage in an existing water supply system, the average daily water usage over the prior one-year period by existing similar uses and/or developments may be used in calculating the demand.
§ 100-91.11 On-site lighting.
A.
All parking areas and walkways thereto and appurtenant passageways and driveways serving commercial, public, office, assisted-living facilities or other uses having common off-street parking and/or loading areas shall be adequately illuminated for security and safety purposes. Provision shall be made for lighting to be turned off or reduced to the minimum intensity needed for security purposes during nighttime hours.
B.
The lighting plan in and around parking areas shall provide for nonglare, recessed lens lights focused downward with both horizontal and vertical cutoffs as needed. The light intensity provided at ground level shall be indicated in footcandles on the submitted plans and shall average no more than 0.5 footcandle within each area to be illuminated.
C.
The light intensity at the edge of the development area for the planned commercial development or for assisted living facilities and community buildings in a planned senior village development shall not exceed 0.5 of a footcandle, except that the light intensity shall not exceed 0.3 footcandle at any tract boundary line.
D.
All lights shall be shielded to restrict the maximum apex angle of the cone of illumination to 150°.
E.
For each lighting fixture, including any fixture used to illuminate a sign, the total quantity of light radiated above a horizontal plane passing through the light source shall not exceed 7.5% of the total quantity of light emitted from the light source.
F.
Lighting shall be provided by fixtures mounted at the lowest appropriate height but, in any case, with a mounting height of not more than 12 feet or the height of the soffit line of the nearest principal building, whichever is less, measured from the ground level to the top of the light source. Spacing of lighting fixtures shall be designed to meet the agreed upon lighting intensity for the area to be illuminated.
G.
Freestanding light poles shall be protected to avoid being damaged by vehicles.
H.
Whenever possible, walkways shall be lighted with low or mushroom-type standards.
I.
Flashing, moving, rotating or strings of lights, except Christmas lights, are prohibited.
J.
The approving authority may require halogen and metal halide exterior lighting to be filtered through tinted gels to reduce brightness and glare.
K.
Any outdoor lighting, such as building and sidewalk illumination, driveways with no adjacent parking, the lighting of signs and ornamental lighting, shall be shown on the lighting plan in sufficient detail to allow a determination of the effects upon adjacent properties, traffic safety and overhead skyglow. The objective of the foregoing specifications is to minimize undesirable off-premises effects, while still providing adequate illumination to minimize hazards for pedestrians and motor vehicles on site. To the extent practicable, lighting shall be designed so as not to shine into residential windows and not to shine onto streets and driveways in such a manner as to interfere with or distract driver vision, and no light shall be directed off the premises. To achieve these requirements, the intensity of light sources, the method of light shielding and other parameters shall be subject to site plan approval.
L.
Poles for driveway, parking lot and courtyard lighting shall be constructed of pressure-treated wood, steel, cast iron or aluminum. All poles and fixtures shall be of a design approved by the approving authority. Lighting fixtures and poles shall be of consistent architectural style throughout the planned commercial development and/or planned senior village development and shall complement the architectural style of the building(s).
M.
Each unit of age-restricted housing which has its own direct access to the out-of-doors shall be equipped with an internally activated blue light to facilitate its location for emergency services. The blue light shall be placed on the wall of the unit nearest the street or elsewhere on or near the unit as approved by the approving authority.
§ 100-91.12 Buffering and landscaping.
A.
Buffering.
(1)
Whenever building(s) or parking or loading areas are located within 100 feet of a tract boundary, the first 30 feet of depth from the tract boundary shall be treated as a buffer area.
(2)
The buffer shall include existing vegetation, new plantings, or both, sufficient to create a 75% visually impervious, year-round screen, unless a less intense screen is approved by the Board, up to a height at least six feet at time of planting. Plantings shall be spaced appropriately in accordance with the types of plantings utilized. Ordinarily, buffer plantings shall be staggered in two or three rows.
B.
Landscaping. Landscaping shall be provided as part of the overall site plan design and integrated into building arrangements, topography, parking and buffering requirements. Landscaping shall include trees, bushes, shrubs, ground cover, perennials, annuals, plants, sculpture, art and the use of building and paving materials in an imaginative manner. Retention and appropriate supplementation of existing vegetation is encouraged.
(1)
A detailed landscaping plan shall be submitted with each preliminary site plan application. The plan shall identify existing isolated trees and boundaries of wooded areas as well as all shrubs, bushes, plant material and ground cover, and natural features such as boulders and rock outcroppings, and shall show all proposed planting details and specifications, including the location, size, spacing, quantity and species (botanical and common name) of all plants and the location, perimeter outline, type and thickness of all mulches. A landscaping schedule shall also be presented on the landscaping plan listing the size, quantity, species and other pertinent information. Where turf is anticipated, topsoiling, seeding or sodding, fertilizing, liming and watering specifications shall be provided. Planting details (staking, fertilizing, watering, soil mixture, etc.) shall be specific to existing soil and exposure conditions.
(2)
Where existing natural growth is proposed to remain, the applicant shall include in the plans the proposed methods to protect the existing trees and growth from injury during and after construction. These methods shall include fences, berms, curbing, tree wells and similar devices.
(3)
The following design principles shall be observed in the design of a landscaping plan:
(a)
Landscaping shall be located to provide for climate control. For example, shade trees planted on the south to shield the hot summer sun and evergreens planted on the north and northwest for windbreaks.
(b)
Landscaping shall be used to accent and complement buildings. For example, groupings of tall trees located to break up long, low buildings and lower trees and shrubs planted around taller buildings.
(c)
Landscaping shall be provided in public areas, at recreation sites and adjacent to buildings, and special landscape treatment shall be provided at entrances to the development and to sites within the development.
(d)
Vines and climbing plants shall be placed along large expanses of walls to reduce heat build up and for aesthetic purposes.
(e)
Ground covers shall be used extensively to reduce erosion and are encouraged on slopes.
(f)
A variety and mixture of landscaping shall be provided on each site. The mixture shall consider susceptibility to disease, colors, seasonal performance, texture, shapes, blossoms and foliage. Local soil conditions and water availability shall be considered in the choice of landscaping. Moreover, the long-term impacts of the proposed landscaping plan as the plants mature shall be considered. Shrubs may grow and eventually block sight distances. Foundation plants may eventually block outbuildings and accessways. Trees may eventually grow too close together and block each other's light.
(g)
Fewer large specimens are preferred to more small ones. As a minimum, unless otherwise provided in this article, deciduous trees shall be at least two inches' caliper, measured three feet from the ground, at the time of planting, and evergreens shall be at least four feet tall. Shrubs shall be at least 18 inches to 24 inches tall at time of planting. All plantings shall be balled and burlapped.
(h)
Existing large trees to be saved shall be protected during and after construction by maintaining the existing grade around the dripline of each tree or through the construction of tree wells and walls designed to protect the existing grade around the dripline of each tree. Protective fences shall be erected around the driplines of all trees to be saved prior to the start of any site grading work. Maximum effort shall be made to save groups of trees rather than individual ones.
(i)
Plantings shall be chosen to match the particular microclimate and space restrictions to which they will be exposed. For example, drought-tolerant plants shall be located in areas surrounded by pavement, and maples and other trees shall be located where their roots will not raise sidewalks.
(j)
The preservation of natural wooded areas, rock outcroppings or topographic features, as well as historically interesting man-made features such as stone walls, or stone rows shall be an integral part of all site plans regardless of their location within or outside of required buffer areas; the approving authority may waive additional screening requirements where such features are present within a required buffer area.
(4)
Parking lot landscaping.
(a)
Parking lots shall be canopied with trees for shade and to help reduce stormwater runoff.
(b)
Landscaping in or near parking areas shall be designed and located to withstand the effects of snowplowing.
(c)
All landscaping in or near parking areas and access drives shall be located so as not to obstruct vision. A variety of different types of trees and shrubs shall be grouped to soften views of parked vehicles.
(5)
Shade trees.
(a)
Shade trees shall be planted at appropriate locations throughout the site at the rate of six shade trees per gross acre of the limits of clearance for the developed portion of the site. The approving authority may waive a portion of this requirement where existing vegetation is proposed to be retained in areas which would otherwise call for the planting of shade trees and such retained vegetation is adequate to provide the necessary shade.
(b)
All newly planted shade trees shall be of nursery stock, shall have a minimum caliper of two inches, measured three feet from the ground, except that street trees shall be larger, and shall be of a species indigenous to the area.
(6)
Street trees.
(a)
Street trees shall be selected to fit the size and type of space provided. For example, wide-spreading trees shall be planted where there is sufficient room, and small or narrow trees shall be used in more restricted areas.
(b)
Street trees shall be installed on both sides of all streets. Trees shall be massed at critical points, spaced evenly along the street, or both, as approved by the Board.
(c)
When trees are planted at predetermined intervals along a street, the required spacing shall depend on tree size:
Mature Tree Size (to top of crown (in feet) | Planning Interval (in feet) | |
|---|---|---|
Large trees (40+ feet) | 40 on center | |
Medium-sized trees (25-39 feet) | 30 on center | |
Small trees (to 25 feet) | 20 on center |
(d)
When it is necessary for the spacing interval to exceed 40 feet, small ornamental trees shall be added between the larger trees. If a street canopy effect is desired, trees may be planted closer together, following the recommendations of a certified landscape architect. The trees shall be planted so as not to interfere with utilities, roadways, sidewalks, sight triangle easements, sight distances and streetlights. Trees should be specifically located to visually terminate streets and create a sense of spatial enclosure. Tree location and type, tree spacing and street tree planting objectives shall be approved by the as part of the landscaping plan.
(e)
The master property owners' association shall be responsible for replacing street trees as necessary.
(f)
Trees shall be planted in groupings that are similar in form, height and character to promote uniformity and allow for a smooth visual transition between species.
(g)
Street trees shall be three to 3 1/2 inches' caliper, measured three feet from the ground, at time of planting.
(h)
Within a sight triangle easement, a tree may be planted with the approval of the Township Engineer, provided that such tree is of sufficient size at time of planting to enable it to be immediately pruned up to a ten foot branching height.
(7)
Installation and maintenance.
(a)
All trees shall be nursery grown, of substantially uniform size and shape, and shall have straight trunks. Trees shall be properly planted and staked and provision made by the applicant for regular watering and maintenance until the root systems are established.
(b)
For two planting seasons following the initial planting, the applicant shall be responsible for replacing dead or dying street trees within the right-of-way of a public street, which replacement shall occur within one year of the demise of the tree.
(c)
All other site landscaping planted pursuant to an approved site plan shall be maintained. Dead trees or shrubs shall be replaced by the site owner. Failure of the owner to comply with these provisions within six months of notification by the Zoning Officer shall be considered a violation of this article.
§ 100-91.13 Development requirements specific to planned commercial developments and to planned commercial development portions of planned senior village developments.
A.
Yards.
(1)
As to each individual lot within a planned commercial development and the tract comprising the planned commercial development, the following front, side and rear yards shall be provided (which shall not be used for parking, loading, buildings or storage):
(a)
Front yard. Front yards shall be at least 25 feet in depth.
(b)
Side yard. Side yards abutting on the tract boundary of the planned commercial development shall be at least 75 feet in depth. Interior side yards shall be at least 25 feet.
(c)
Rear yard. Rear yards abutting on the tract boundary of the planned commercial development shall be at least 75 feet in depth. All other rear yards shall be at least 25 feet in depth.
(2)
Development of individual lots within the planned commercial development shall key into the overall design theme(s) of the planned commercial development. It is intended that parking areas on individual lots within the planned commercial development be interconnected, where appropriate, for efficient traffic circulation and fire-fighting purposes. Proper legal documentation shall be filed and approved by the approving authority attorney showing necessary rights-of-way or easements across the adjacent properties where parking areas are to be interconnected.
B.
Height; coverage; floor area ratio; water budget.
(1)
Height. No structure shall exceed 2 1/2 stories and 35 feet in height, except that a height of up to 40 feet may be permitted without a variance if needed solely to meet the standard of § 100-91.14E(12)(a) herein.
(2)
Coverage. Not more than 6 1/2% of the tract area of the planned commercial development, and not more than 6 1/2% of any individual lot within the PCD/PSV zone that is not proposed to be developed as part of a PCD or PSV for which a preliminary site plan approval has previously been granted, shall be covered by buildings. Not more than 35% of said tract area or individual lot area shall be covered by buildings and paved surfaces, including all public and private roadways that are internal to the development.
(3)
Floor area ratio. The maximum floor area ratio for all buildings in the planned commercial development shall be .065 of the tract area of the planned commercial development; and the maximum floor area ratio for all buildings on any individual lot within the planned commercial development that is not proposed to be developed as part of a PCD or PSV for which a preliminary site plan approval has previously been granted shall also be .065 of the lot area of such lot.
(4)
Water budget. The foregoing standards in this section shall not supersede the maximum level of development permissible on the lot or tract based on its water budget and the water usage criteria set forth in § 100-91.10B herein.
(5)
The coverages and floor area ratios on individual lots within a planned commercial development or planned commercial development portion of a planned senior village development for which a preliminary site plan approval has previously been granted may be greater than the maximums specified herein as long as the coverage and floor area ratio limits specified for the tract as a whole are not exceeded and are permanently guaranteed not to be exceeded via a mechanism acceptable to the approving authority attorney and approved by the approving authority.
C.
Parking regulations.
(1)
The minimum number of required off-street parking spaces per establishment within a planned commercial development shall be as set forth in § 100-85A.
(2)
Off-street parking spaces in a planned commercial development shall be placed to the sides and rear of buildings. Within the planned commercial development, centralized parking facilities shall be provided, wherever possible, with walkways designed to facilitate direct pedestrian access to establishments.
(3)
Parking facilities within a planned commercial development shall, to the extent possible, be interconnected. The approving authority may, in its discretion, permit less than the full requirement of parking spaces otherwise required within a planned commercial development, provided that the area for unconstructed parking spaces, otherwise required, is reserved on the site plan, and further provided that the approving authority finds such unconstructed parking spaces to be currently unnecessary due to the particular mix of uses proposed and the ease of access between adjoining parking areas within the planned commercial development.
D.
Screening. The boundaries of the planned commercial development and all parking and loading areas shall be permanently screened on a year-round basis by evergreen hedges or other suitable planting materials having a minimum height at time of planting of four feet, to shield adjacent properties and uses from parking lot illumination, headlights, fumes, blowing papers, noise and dust, and to reduce the visual encroachment of nonresidential architecture, signs and activity on such adjoining properties and uses.
(1)
Screen plantings shall be broken only at points of vehicular and pedestrian ingress and egress.
(2)
Screen plantings shall be placed so that at maturity, such plantings will be no closer than three feet to any street right-of-way or tract boundary line.
(3)
Screen plantings approved as part of any site plan approval shall be maintained permanently, and any plant material which does not live shall be replaced within one year.
E.
Signs. Signs in a planned commercial development (PCD) shall conform to the following regulations:
(1)
Signs shall advertise only the name of the establishment or products or services sold within the planned commercial development.
(2)
Signs shall be stationary and shall not contain any visible moving or movable parts. Any lighting on a sign shall be continuous, indirect and installed in a manner that will prevent direct light from shining into any street or beyond the planned commercial development. Internally illuminated signs shall be prohibited.
(3)
Signs, if attached to the facades of buildings, shall be permitted only on the designated front of the building, shall be permanently attached to the building and shall not project farther than six inches from the building wall. The total area of all signs on any street-facing facade shall not exceed 10% of the area of the facade in question, or 50 square feet, whichever is the less, regardless of the number of signs or the number of establishments within the building. No more than one sign shall be permitted for each establishment in the building, except that where a building has more than one street-facing facade, an establishment having entrances from both street-facing facades may be permitted to have a sign on each street-facing facade on which it has an entrance, up to a maximum of two such signs per establishment.
(4)
Up to four directory signs, each not exceeding eight feet in height and 40 square feet in area, shall be permitted within the tract constituting the planned commercial development.
(5)
All signs within a shopping village inside the planned commercial development shall conform in character to each other.
(6)
There may also be one freestanding sign permitted along Route 519 within the tract constituting the planned commercial development. Such sign shall not exceed a height of six feet, shall be set back from all street lines and accessways at least 10 feet, shall be at least 35 feet from any intersection of street lines and shall not exceed 48 square feet in area, subject to the permitted modification set forth in § 100-91.13H(3)(d)[4] hereinbelow.
(7)
Size restrictions for freestanding signs and directory signs shall be based upon measurements of one side only. Both sides may be used.
(8)
All signs in the planned commercial development shall conform to a coordinated sign plan for the development approved by the approving authority.
F.
Loading requirements. Off-street loading shall be provided for each establishment in a planned commercial development in accordance with the regulations set forth in § 100-88, except that off-street loading spaces for establishments which are not on separate individual lots within a planned commercial development may be located in a common, mutually accessible location and shall be provided at the rate of one space for up to the first 7,000 square feet of gross floor area served, plus one additional space for each additional 10,000 square feet of such floor area. The approving authority may waive or adjust the foregoing loading requirements on a case-by-case basis, as appropriate.
G.
Trash and recycling requirements. Structures suitable for the orderly deposit, storage and pickup of garbage and recyclable materials shall be provided for each use and/or building. Said structures shall consist of steel or steel-like, totally enclosed containers situated so as to be obscured from view from buildings, parking areas, streets and adjacent properties by fences, walls, plantings, or a combination of all three.
H.
Design requirements.
(1)
The design of all buildings within a planned commercial development shall be coordinated to complement one another and to reflect a unified architectural theme, consistent with the design guidelines at § 100-91.13H(3), below. Such design theme shall address, but not by way of limitation, facades, rooflines, building materials and colors, details, lighting fixtures, amenities and street furniture.
(2)
Development of individual lots and shopping villages within a planned commercial development shall key into the design theme(s) of the overall planned commercial development.
(3)
Design guidelines. Planned commercial developments shall be designed with residential-scale architecture to achieve visual compatibility with the surrounding area. The following guidelines for building design, facade treatments, signs, lighting and street furniture shall be observed in the design of a PCD.
(a)
Building massing and scale.
(c)
Building details.
[1]
If several storefronts are located in one building, they should be unified in design treatment: e.g., the design of windows and door openings, the use of materials and color and lighting and signage.
[2]
All storefronts should have display windows with a sill height not more than two feet above grade.
[3]
Surface detailing should be integral to the structure rather than applied for decorative purposes.
[4]
Any exterior mounted mechanical and electrical equipment should be architecturally screened.
(d)
Signage.
[1]
The recommended sign material is wood.
[2]
The design of a sign should be subservient to and consistent with the building it serves.
[3]
Where a building requires several different signs, they should be similar in size, materials, color and method of lighting.
[4]
For freestanding signs, monument signs mounted on a masonry structure are preferred and may be 50% larger than otherwise permitted, provided that the height of the structure on which the sign is mounted does not exceed four feet above grade.
(e)
Color. The painting of buildings in bold colors or with patterns, checks and the like, such that the building becomes or has the effect of a sign, is discouraged.
(f)
Street furniture. The design of all street furniture (benches, phone booths, trash receptacles, etc.) should be consistent with the overall building design concept.
§ 100-91.14 Development requirements specific to planned senior village developments.
A.
Area and setback regulations for individual permitted uses.
(1)
Age-restricted quadriplexes.
(a)
Minimum setback from cul-de-sac street: 25 feet.
(b)
Minimum setback from loop street: 30 feet.
(c)
Minimum setback of any building or private fenced area from any tract boundary: 75 feet.
(d)
Minimum distance to closest quadriplex building: 30 feet.
(e)
Minimum distance to second closest quadriplex building: 50 feet.
B.
Height; coverage; density; water budget.
(1)
Maximum building height.
(a)
Age-restricted quadriplexes: two stories and 35 feet, measured from the lowest point of the ground level at the foundation of the building to the highest point of the highest ridgeline of the roof.
(b)
Assisted-living building(s): three stories and 42 feet, measured from the average elevation of the ground level at the foundation of the building to the highest point of the highest ridgeline of the roof, provided that a height of up to 50 feet may be permitted without a variance if needed solely to meet the standard of § 100-91.14E(12)(a) herein.
(2)
Maximum coverage. The maximum coverage by all buildings and impervious surfaces within the residential portion of the PSV development shall not exceed 30% of the total tract area.
(3)
Maximum density.
(a)
The density of residential development in the PSV shall not exceed a maximum of four units per gross residential acre, including all age-restricted quadriplex units and the units in the assisted-living building(s).
(b)
Such maximum density shall exclude the density represented by the community residence(s)/group home(s) required at § 100-91.14D hereinbelow, which density shall be permitted in addition to the maximum density set forth herein.
(4)
Water budget. The foregoing standards in this section shall not supersede the maximum level of development permissible on the tract based on its water budget and the water usage criteria set forth in § 100-91.10B herein.
C.
Age restrictions.
(1)
Through its corporations, associations or owners, each of the attached quadriplex dwellings within the PSV shall be restricted by bylaws, rules, regulations and restrictions of record to occupancy by a household with at least one household member being a minimum of 55 years of age or older, as permitted under, and in conformity with, all requirements of the Federal Fair Housing Act [including, but not limited to those of 42 U.S.C. § 3607(b)], all applicable federal regulations and all applicable state laws and regulations.
(2)
Assisted-living units and/or senior citizens apartments with supportive services shall be similarly restricted to occupancy by households consisting only of persons 62 years of age or older.
(3)
No children under the age of 18 years shall permanently reside in any dwelling within the PSV.
(4)
The community residence(s)/group home(s) required at § 100-91.14D hereinbelow shall not be age restricted.
D.
Affordable housing requirement.
[Amended 1-18-2005 by Ord. No. 2005-3]
(1)
Group home lot.
(a)
Within the PSV development, one lot shall be provided having a minimum area of one acre with a minimum street frontage of 50 feet and a suitable configuration for the construction of a group home (alternative living arrangement facility conforming to N.J.A.C. 5:93-1.3 and 5:93-5.8) containing six bedrooms.
(b)
The group home lot shall be provided with all utilities and other public improvements and shall be prepared for development such that, for a depth of at least 100 feet from the street line, the site shall be cleared and rough graded; shall have no slopes greater than 8% nor any wetlands or other environmental constraints that would prevent the construction of the group home; and shall have access by means of a driveway curb cut and an elevation at the front property line that is within one foot of the elevation of the center line of the abutting street. Sufficient sewage treatment capacity and water supply shall be assigned to the group home lot from the sewage treatment capacity and water budget allocated to the PCD/PSV District to accommodate development of a six-bedroom group home.
(c)
The group home lot shall be deeded to the Township of Holland with appropriate use restrictions providing for subsequent leasing or sale to and development by a qualified provider who will maintain an alternative living arrangement facility (under N.J.A.C. 5:93-5.8) on the site pursuant to and fully compliant with the regulations of the New Jersey Council on Affordable Housing for a period of at least 30 years, which will entitle the Township to the 2:1 credit under N.J.A.C. 5:93-5.15(d).
(2)
Affordable housing set-aside/RCA contribution.
(a)
Within the PSV development, there shall be an obligation to provide a minimum of eight units affordable to qualified low- and moderate-income households, four of which units shall be required to be constructed on-site and four of which units shall be provided through an in-lieu-of contribution to the Township's affordable housing trust fund for the purposes of funding a regional contribution agreement.
(b)
The in-lieu-of contribution shall be based on COAH's current minimum contribution for a regional contribution agreement of $25,000 per unit and shall be payable either upon the issuance of a construction permit for each market unit in the PSV development at the rate of $1,000 per unit until the requisite amount of the in lieu contribution has been paid, or in two equal lump sums payable at the rate of 50% of the entire amount of the in-lieu contribution upon the issuance of the first construction permit for any building in Phase II of the PSV development and 50% at the time of the issuance of the first certificate of occupancy for any building in Phase II. The resolution granting preliminary approval for Phase II of the PSV development shall specify which of the two payment schedules outlined above has been agreed to between the Township and the developer.
(3)
When references to the New Jersey Administrative Code (N.J.A.C.) made herein are superseded, the successor correlative regulations are intended to be referred to.
E.
Design requirements. The development plan for the site, its developed facilities and the interior of the age-restricted residential units in a PSV must be specifically designed to meet the potential physical and social needs of the residents, especially the visual, auditory, ambulatory and other impairments that may affect older persons as they age in place.
(1)
Walkways. In addition to sidewalks required pursuant to the residential site improvement standards (N.J.A.C. 5:21), there shall 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 the possibility of slipping or stumbling. Handrails and ample space for rest should be provided. All internal walks, paths and risers shall be designed according to Barrier Free and Americans with Disabilities Act (ADA) requirements.
(2)
Lighting. Low-level 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 degree of nighttime use anticipated, and all of the requirements of § 100-91.11 herein shall be met.
(3)
Common facilities and recreation. A PSV shall provide developed open space and common recreational or community facilities for the exclusive use of its residents.
(a)
There shall be not less than 30 square feet of usable, nonstorage floor space per dwelling unit provided in community or clubhouse buildings for use by the residents of the age-restricted quadriplexes. For the residents of the assisted-living units, such common space shall be provided within the assisted-living building.
(b)
The common facilities shall be designed and equipped to meet the anticipated social and recreational needs of the residents and may include hobby and craft rooms, lounge areas, meeting rooms, card rooms, recreation rooms and similar facilities.
(c)
Not less than 5% of the developed area of the PSV, and excluding public open space lands, shall be developed for outdoor recreational use. This may include swimming pools and related facilities, shuffleboard and horseshoe courts, tennis courts and other appropriate facilities and the immediately surrounding lawns and parking areas.
(4)
Interior features. The interior of a residential unit in a PSV shall be designed to accommodate the reasonable physical impairments of residents as they evolve from independent living 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 and door handles and plumbing fixtures that require turning.
(5)
Security. On-site security and maintenance service systems may be provided for a PSV, but the PSV shall not be gated or separated by fences or walls from other properties.
(6)
Improvements. All utility systems, roadways, sidewalks and off-street parking for the uses permitted in the PSV shall be provided and installed pursuant to the residential site improvement standards (N.J.A.C. 5:21) and applicable requirements of this Part 1.
(7)
Fences.
(a)
Fencing or other appropriate substitute as approved by the approving authority shall be used to delineate private front, side and rear yard areas on individual lots. Fences located in front of the front building line shall be a maximum of three feet high. No fence shall be higher than five feet high.
(b)
Fences used on individual lots shall be of a decorative metal in a traditional cast iron pattern or a decorative wooden picket-type using pressure-treated wood. Fences shall be reinforced with larger posts at corners, entrances and gates and at forty foot intervals. No chain-link fences shall be allowed.
(c)
Alternatively, hedges or a series of bushes creating a hedgerow may be permitted. Such vegetation shall be at least two feet high at the time of planting and allowed to grow no higher than four feet. The fences or hedges or both shall be designed to complement the architectural style of the building(s).
(d)
Other fences used throughout the development may be of the types specified above or may be solid or board-on-board fences, provided that the style selected is compatible with the architecture of the building(s) to which the fencing is related.
(8)
Porches.
(a)
Porches are encouraged at the front entrances of dwelling units and may intrude up to six feet into required front yards.
(b)
Porches or terraces or decks (if and as architecturally appropriate) may also be provided at the side or rear of each individual dwelling unit. Porches, terraces or decks shall not extend more than 10 feet beyond any building wall.
(9)
Trash and recycling.
(a)
All quadriplex units shall include provision for the enclosed storage of household trash and recyclables. Such facilities shall be of adequate size to meet the projected volume of solid waste and to provide for ease of separation of recyclables. The organization established to own and maintain the common elements shall be responsible for arranging for the removal of all solid waste and recyclables.
(b)
For an assisted-living facility, solid waste disposal and recycling of household materials shall be the exclusive responsibility of the owner. In such cases, at least one solid waste pickup location shall be provided, which shall either be indoors or enclosed by a seven-foot high masonry wall compatible with the architectural styling of the building, landscaped and with a gate or entry on one side. Such enclosure shall provide suitably sized containers approved by the Township for the collection of solid waste and recyclables.
(10)
Recreation vehicle and boat storage. A separate area may be created in the development for the at-grade or garaged parking and storage of recreation vehicles and boats belonging to residents of the development. Such area or garage shall be located in the vicinity of the community building and shall be completely screened from view from roadways and from the residential uses within and adjacent to the development.
(11)
Street furniture.
(a)
Street furniture, such as trash receptacles, benches and the like, shall be located and sized in accordance with their anticipated use.
(b)
Street furniture elements throughout a PSV development shall be compatible in form, material, finish and style with each other and shall be coordinated with site architecture and streetlighting standards used.
(c)
Selection of street furniture designs and materials shall also consider durability, aesthetics and long-term maintenance costs.
(12)
Building design guidelines. Planned senior village developments shall be designed to minimize the visual impact of larger or tightly clustered buildings and to achieve visual compatibility with the surrounding area. The following guidelines for building designs and facade treatments shall be observed in the design of the PSV:
(a)
Buildings shall have pitched roofs. The roof pitches may vary, but in no case shall have a pitch of less than six on 12. All rooflines shall have articulated cornices. Flat, shed, gambrel and mansard roofs are prohibited.
(b)
Windows should be of vertical rectangular configuration with muntins and should be constructed of wood, aluminum and/or vinyl clad.
(c)
The exterior of each quadriplex building shall be of unified design and should be constructed of wood, brick or local stone with quoined corners and articulated base. Aluminum siding shall be prohibited. Vinyl siding, if used, shall be submitted to the approving authority for approval.
(d)
Roof materials should be slate or wood or designed to emulate the look of these materials.
(e)
Each quadriplex unit shall have one front private yard and one other private yard, each clearly delineated using hedges, low walls or fencing.
(f)
Each dwelling unit in a quadriplex shall have its own separate entrance articulated with a covered stoop or porch.
(g)
A garage shall be provided and attached to each quadriplex dwelling unit. Wherever possible, garages shall face internal courtyards or alleys and shall not face internal streets or tract boundaries.
(13)
Signs. Permitted signs within a planned senior village development shall include:
(a)
Residential nameplate signs not exceeding one square foot in size for each quadriplex unit.
(b)
One eight-square-foot freestanding monument sign not exceeding a maximum height of four feet to the top of the structure upon which the sign is erected for each building or building group, to identify same.
(c)
One sixteen-square-foot freestanding monument sign not exceeding a maximum height of four feet to the top of the structure upon which the sign is erected identifying an assisted-living facility, to be placed at the internal roadway entrance to the assisted-living facility and not on County Route 519.
(d)
One thirty-square-foot bar identifying an assisted-living facility, which bar shall be mounted on the same freestanding sign identifying the PCD/PSV at the entrance to the development on County Route 519.
(e)
Directional and directory signs as approved by the approving authority.
(f)
The foregoing signs shall be in addition to the signage permitted in conjunction with a planned commercial development as a portion of the planned senior village development.
(14)
Loading. Loading areas provided in connection with a community building or assisted-living facility shall be screened as required for uses within a planned commercial development.
§ 100-91.15 Site plan review.
Planned commercial developments and planned senior village developments, and all individual lots therein, shall be subject to site plan review as set forth at § 100-73. No final approval shall be granted for any portion of a tract proposed for planned commercial development and/or planned senior village development without a preliminary site plan for the development of the entire tract having first been approved.
§ 100-91.16 Findings for planned development.
Prior to the issuance of preliminary site plan approval for any planned commercial development, the approving authority shall find the following facts and conclusions:
A.
That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the zoning requirements for planned developments set forth in this chapter.
B.
That the proposals for maintenance and conservation of the common open space are reliable and the amount, location and purpose of the common open space are adequate.
C.
That provision through the physical design of the proposed development for public services, control over vehicular and pedestrian traffic and the amenities of light and air, recreation and visual enjoyment are adequate.
D.
That the proposed development will not have an unreasonably adverse impact upon the area in which it is proposed to be established.
E.
In the case of a proposed development which contemplates construction over a period of years, that the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development are adequate.
§ 100-92 Title.
[Added 12-5-2023 by Ord. No. 2023-16]
This article, in combination with the flood provisions of the Uniform Construction Code, N.J.A.C. 5:23 et seq., consisting of the Building Code, Residential Code, Rehabilitation Subcode, and related codes, and the New Jersey Flood Hazard Area Control Act (hereinafter “FHACA”), N.J.A.C. 7:13, shall be known as the "Floodplain Management Regulations of the Township of Holland."
§ 100-93 Purpose.
[Amended 12-5-2023 by Ord. No. 2023-16]
A.
The Legislature of the State of New Jersey has, in N.J.S.A. 40:48 et seq. and N.J.S.A. 40:55D et seq., conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. The Federal Emergency Management Agency has identified special flood hazard areas within the boundaries of the Township of Holland, and such areas may be subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.
B.
The Township of Holland was accepted for participation in the National Flood Insurance Program on March 16, 1981, and the Township Committee desires to continue to meet the requirements of 44 CFR 59, 60, 65 and 70 necessary for such participation. The Township of Holland is required, pursuant to N.J.A.C. 5:23 et seq., to administer and enforce the State Building Codes, and such Building Codes contain certain provisions that apply to the design and construction of buildings and structures in flood hazard areas. The Township of Holland is required, pursuant to N.J.S.A. 58:16A-57, within 12 months after the delineation of any flood hazard area, to adopt rules and regulations concerning the development and use of land in the flood fringe area which at least conform to the standards promulgated by the New Jersey Department of Environmental Protection (NJDEP).
C.
The purposes and objectives of this article are to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific flood hazard areas through the establishment of comprehensive regulations for management of flood hazard areas, designed to:
(1)
Protect human life and health.
(2)
Prevent unnecessary disruption of commerce, access, and public service during times of flooding.
(3)
Manage the alteration of natural floodplains, stream channels and shorelines.
(4)
Manage filling, grading, dredging and other development which may increase flood damage or erosion potential.
(5)
Prevent or regulate the construction of flood barriers which will divert floodwater or increase flood hazards.
(6)
Contribute to improved construction techniques in the floodplain.
(7)
Minimize damage to public and private facilities and utilities.
(8)
Help maintain a stable tax base by providing for the sound use and development of flood hazard areas.
(9)
Minimize the need for rescue and relief efforts associated with flooding.
(10)
Ensure that property owners, occupants, and potential owners are aware of property located in flood hazard areas.
(11)
Minimize the need for future expenditure of public funds for flood control projects and response to and recovery from flood events.
(12)
Meet the requirements of the National Flood Insurance Program for community participation set forth in 44 CFR 59.22.
§ 100-94 Definitions.
[Amended 12-5-2023 by Ord. No. 2023-16]
A.
General. The following words and terms shall, for the purposes of this article, have the meanings shown herein. Other terms are defined in the Uniform Construction Code, N.J.A.C. 5:23, and terms are defined where used in the International Residential Code and International Building Code (rather than in the definitions section). Where terms are not defined, such terms shall have ordinarily accepted meanings such as the context implies.
B. 100-YEAR FLOOD ELEVATION 500-YEAR FLOOD ELEVATION A ZONES AH ZONES AO ZONES ACCESSORY STRUCTURE AGRICULTURAL STRUCTURE ALTERATION OF A WATERCOURSE AREA OF SHALLOW FLOODING AREA OF SPECIAL FLOOD HAZARD ASCE 7 ASCE 24 BASE FLOOD ELEVATION (BFE) BASEMENT BEST AVAILABLE FLOOD HAZARD DATA BEST AVAILABLE FLOOD HAZARD DATA AREA BEST AVAILABLE FLOOD HAZARD DATA ELEVATION BREAKAWAY WALLS BUILDING CONDITIONAL LETTER OF MAP REVISION (CLOMR) CONDITIONAL LETTER OF MAP REVISION-FILL (CLOMR-F) CRITICAL BUILDING(1) (2) DEVELOPMENT DRY FLOODPROOFING ELEVATED BUILDING ELEVATION CERTIFICATE ENCROACHMENT FEMA PUBLICATIONS FLOOD HAZARD AREA DESIGN FLOOD ELEVATION FLOOD INSURANCE RATE MAP (FIRM) FLOOD INSURANCE STUDY (FIS) FLOOD or FLOODING(1) (a) (b) (c) (2) FLOODPLAIN MANAGEMENT REGULATIONS FLOODPLAIN or FLOOD-PRONE AREA FLOODPROOFING FLOODPROOFING CERTIFICATE FLOODWAY FREEBOARD FUNCTIONALLY DEPENDENT USE HABITABLE BUILDING HARDSHIP HIGHEST ADJACENT GRADE HISTORIC STRUCTURE(1) (2) (3) (4) LAWFULLY EXISTING(1) (2)
LETTER OF MAP AMENDMENT (LOMA) LETTER OF MAP CHANGE (LOMC) LETTER OF MAP REVISION (LOMR) LETTER OF MAP REVISION-FILL (LOMR-F) LICENSED DESIGN PROFESSIONAL LICENSED PROFESSIONAL ENGINEER LOCAL DESIGN FLOOD ELEVATION (LDFE) LOWEST ADJACENT GRADE LOWEST FLOOR MANUFACTURED HOME MANUFACTURED HOME PARK OR SUBDIVISION MARKET VALUE NEW CONSTRUCTION NONRESIDENTIAL ORDINARY MAINTENANCE AND MINOR WORK RECREATIONAL VEHICLE RESIDENTIAL(1) (2) (3) SOLID WASTE DISPOSAL SPECIAL FLOOD HAZARD AREA START OF CONSTRUCTION(1) (2) (3) (4) (5) STRUCTURE SUBSTANTIAL DAMAGE SUBSTANTIAL IMPROVEMENT(1) (2) THIRTY-DAY PERIOD UTILITY AND MISCELLANEOUS GROUP U BUILDINGS AND STRUCTURES VARIANCE VIOLATION WATER SURFACE ELEVATION WATERCOURSE WET FLOODPROOFING
Definitions.
Elevation of flooding having a 1% annual chance of being equaled or exceeded in a given year, which is also referred to as the "base flood elevation."
Elevation of flooding having a 0.2% annual chance of being equaled or exceeded in a given year.
Areas of special flood hazard in which the elevation of the surface water resulting from a flood that has a 1% annual chance of equaling or exceeding the base flood elevation (BFE) in any given year shown on the Flood Insurance Rate Map (FIRM) as Zones A, AE, AH, A1-A30, AR, AR/A, AR/AE, AR/A1-A30, AR/AH, and AR/AO. When used in reference to the development of a structure in this article, A Zones are not inclusive of Coastal A Zones because of the higher building code requirements for Coastal A Zones.
Areas subject to inundation by 1%-annual-chance shallow flooding (usually areas of ponding) where average depths are between one and three feet. Base flood elevations (BFEs) derived from detailed hydraulic analyses are shown in this zone.
Areas subject to inundation by 1%-annual-chance shallow flooding (usually sheet flow on sloping terrain) where average depths are between one and three feet.
Accessory structures are also referred to as "appurtenant structures." An accessory structure is a structure which is on the same parcel of property as a principal structure and the use of which is incidental to the use of the principal structure. For example, a residential structure may have a detached garage or storage shed for garden tools as accessory structures. Other examples of accessory structures include gazebos, picnic pavilions, boathouses, small pole barns, storage sheds, and similar buildings.
A structure used solely for agricultural purposes in which the use is exclusively in connection with the production, harvesting, storage, drying, or raising of agricultural commodities, including the raising of livestock. Communities must require that new construction or substantial improvements of agricultural structures be elevated or floodproofed to or above the base flood elevation (BFE) as any other nonresidential building. Under some circumstances it may be appropriate to wet-floodproof certain types of agricultural structures when located in wide, expansive floodplains through issuance of a variance. This should only be done for structures used for temporary storage of equipment or crops or temporary shelter for livestock and only in circumstances where it can be demonstrated that agricultural structures can be designed in such a manner that results in minimal damage to the structure and its contents and will create no additional threats to public safety. New construction or substantial improvement of livestock confinement buildings, poultry houses, dairy operations, similar livestock operations and any structure that represents more than a minimal investment must meet the elevation or dry-floodproofing requirements of 44 CFR 60.3(c)(3).
A dam, impoundment, channel relocation, change in channel alignment, channelization, or change in cross-sectional area of the channel or the channel capacity, or any other form of modification which may alter, impede, retard or change the direction and/or velocity of the riverine flow of water during conditions of the base flood.
A designated Zone AO, AH, AR/AO or AR/AH (or VO) on a community's Flood Insurance Rate Map (FIRM) with a 1% or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
See "special flood hazard area."
The standard for the minimum design loads for buildings and other structures, referenced by the building code and developed and published by the American Society of Civil Engineers, Reston, VA, which includes but is not limited to methodology and equations necessary for determining structural and flood-related design requirements and determining the design requirements for structures that may experience a combination of loads, including those from natural hazards. Flood-related equations include those for determining erosion, scour, lateral, vertical, hydrostatic, hydrodynamic, buoyancy, breaking wave, and debris impact.
The standard for flood-resistant design and construction, referenced by the Building Code and developed and published by the American Society of Civil Engineers, Reston, VA. References to ASCE 24 shall mean ASCE 24-14 or the most recent version of ASCE 24 adopted in the UCC Code (N.J.A.C. 5:23).
The water surface elevation resulting from a flood that has a 1% or greater chance of being equaled or exceeded in any given year, as shown on a published Flood Insurance Study (FIS), or preliminary flood elevation guidance from FEMA. May also be referred to as the "100-year flood elevation."
Any area of the building having its floor subgrade (below ground level) on all sides.
The most recent available preliminary flood risk guidance FEMA has provided. The best available flood hazard data may be depicted on but not limited to Advisory Flood Hazard Area Maps, work maps, or preliminary FIS and FIRM.
The areal mapped extent associated with the most recent available preliminary flood risk guidance FEMA has provided. The best available flood hazard data may be depicted on but not limited to Advisory Flood Hazard Area Maps, work maps, or preliminary FIS and FIRM.
The most recent available preliminary flood elevation guidance FEMA has provided. The best available flood hazard data may be depicted on but not limited to Advisory Flood Hazard Area Maps, work maps, or preliminary FIS and FIRM.
Any type of wall subject to flooding that is not required to provide structural support to a building or other structure and that is designed and constructed such that, below the local design flood elevation, it will collapse under specific lateral loads such that: 1) it allows the free passage of floodwaters; and 2) it does not damage the structure or supporting foundation system. Certification in the V Zone certificate of the design, plans, and specifications by a licensed design professional that these walls are in accordance with accepted standards of practice is required as part of the permit application for new and substantially improved V Zone and Coastal A Zone structures. A completed certification must be submitted at permit application.
Per the FHACA, "building" means a structure enclosed with exterior walls or fire walls, erected and framed of component structural parts, designed for the housing, shelter, enclosure, and support of individuals, animals, or property of any kind. A building may have a temporary or permanent foundation. A building that is intended for regular human occupation and/or residence is considered a habitable building.
FEMA's comment on a proposed project that would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective base flood elevations (BFEs), or the special flood hazard area (SFHA). The letter does not revise an effective NFIP map; it indicates whether the project, if built as proposed, would be recognized by FEMA. FEMA charges a fee for processing a CLOMR to recover the costs associated with the review that is described in the letter of map change (LOMC) process. Building permits cannot be issued based on a CLOMR, because a CLOMR does not change the NFIP map.
FEMA's comment on a proposed project involving the placement of fill outside of the regulatory floodway that would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective base flood elevations (BFEs), or the special flood hazard area (SFHA). The letter does not revise an effective NFIP map; it indicates whether the project, if built as proposed, would be recognized by FEMA. FEMA charges a fee for processing a CLOMR to recover the costs associated with the review that is described in the letter of map change (LOMC) process. Building permits cannot be issued based on a CLOMR because a CLOMR does not change the NFIP map.
Per the FHACA, "critical building" means that:
It is essential to maintaining continuity of vital government operations and/or supporting emergency response, sheltering, and medical care functions before, during, and after a flood, such as a hospital, medical clinic, police station, fire station, emergency response center, or public shelter; or
It serves large numbers of people who may be unable to leave the facility through their own efforts, thereby hindering or preventing safe evacuation of the building during a flood event, such as a school, college, dormitory, jail or detention facility, day-care center, assisted living facility, or nursing home.
Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, tanks, temporary structures, temporary or permanent storage of materials, mining, dredging, filling, grading, paving, excavations, drilling operations and other land-disturbing activities.
A combination of measures that results in a nonresidential structure, including the attendant utilities and equipment as described in the latest version of ASCE 24, being watertight with all elements substantially impermeable and with structural components having the capacity to resist flood loads.
A building that has no basement and that has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns. Solid perimeter foundation walls are not an acceptable means of elevating buildings in V and VE Zones.
An administrative tool of the National Flood Insurance Program (NFIP) that can be used to provide elevation information, to determine the proper insurance premium rate, and to support an application for a letter of map amendment (LOMA) or letter of map revision based on fill (LOMR-F).
The placement of fill, excavation, buildings, permanent structures of other development into a flood hazard area which may impede or alter the flow capacity of riverine flood hazard areas.
Any publication authored or referenced by FEMA related to building science, building safety, or floodplain management related to the National Flood Insurance Program. Publications shall include but are not limited to technical bulletins, desk references, and American Society of Civil Engineers Standards documents including ASCE 24.
Per the FHACA, the peak water surface elevation that will occur in a water during the flood hazard area design flood. This elevation is determined via available flood mapping adopted by the state, flood mapping published by FEMA (including effective flood mapping dated on or after January 31, 1980, or any more recent advisory, preliminary, or pending flood mapping; whichever results in higher flood elevations, wider floodway limits, greater flow rates, or indicates a change from an A Zone to a V Zone or Coastal A Zone), approximation, or calculation pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-3.1 through 3.6 and is typically higher than FEMA's base flood elevation. A water that has a drainage area measuring less than 50 acres does not possess, and is not assigned, a flood hazard area design flood elevation.
The official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.
The official report in which the Federal Emergency Management Agency has provided flood profiles, as well as the Flood Insurance Rate Map(s) and the water surface elevation of the base flood.
A general and temporary condition of partial or complete inundation of normally dry land areas from:
The overflow of inland or tidal waters.
The unusual and rapid accumulation or runoff of surface waters from any source.
Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in Subsection (1)(b) of this definition and are akin to a river or liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.
The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in Subsection (1)(a) of this definition.
Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance, and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
Any land area susceptible to being inundated by water from any source. See "Flood or flooding."
Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents.
Certification by a licensed design professional that the design and methods of construction for floodproofing a nonresidential structure are in accordance with accepted standards of practice to a proposed height above the structure's lowest adjacent grade that meets or exceeds the local design flood elevation. A completed floodproofing certificate is required at permit application.
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than 0.2 foot.
A factor of safety usually expressed in feet above a flood level for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed.
A use that cannot perform its intended purpose unless it is located or carried out in close proximity to water, including only docking facilities, port facilities necessary for the loading or unloading of cargo or passengers, and shipbuilding and ship repair facilities. The term does not include long-term storage or related manufacturing facilities.
Pursuant to the FHACA Rules (N.J.A.C. 7:13), means a building that is intended for regular human occupation and/or residence. Examples of a habitable building include a single-family home, duplex, multiresidence building, or critical building; a commercial building such as a retail store, restaurant, office building, or gymnasium; an accessory structure that is regularly occupied, such as a garage, barn, or workshop; mobile and manufactured homes, and trailers intended for human residence, which are set on a foundation and/or connected to utilities, such as in a mobile home park (not including campers and recreational vehicles); and any other building that is regularly occupied, such as a house of worship, community center, or meeting hall, or animal shelter that includes regular human access and occupation. Examples of a nonhabitable building include a bus stop shelter, utility building, storage shed, self-storage unit, construction trailer, or an individual shelter for animals such as a doghouse or outdoor kennel.
As related to § 100-98.3 of this chapter, meaning the exceptional hardship that would result from a failure to grant the requested variance. The Township Committee requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.
The highest natural elevation of the ground surface prior to construction next to the proposed or existing walls of a structure.
Any structure that is:
Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
Per the FHACA, means an existing fill, structure and/or use, which meets all federal, state, and local laws, and which is not in violation of the FHACA because it was established:
Prior to January 31, 1980; or
On or after January 31, 1980, in accordance with the requirements of the FHACA as it existed at the time the fill, structure and/or use was established.
Note: Substantially damaged properties and substantially improved properties that have not been elevated are not considered "lawfully existing" for the purposes of the NFIP. This definition is included in this article to clarify the applicability of any more stringent statewide floodplain management standards required under the FHACA |
An official amendment, by letter, to an effective National Flood Insurance Program (NFIP) map that is requested through the letter of map change (LOMC) process. A LOMA establishes a property's location in relation to the special flood hazard area (SFHA). LOMAs are usually issued because a property has been inadvertently mapped as being in the floodplain but is actually on natural high ground above the base flood elevation. Because a LOMA officially amends the effective NFIP map, it is a public record that the community must maintain. Any LOMA should be noted on the community's master flood map and filed by panel number in an accessible location.
The letter of map change process is a service provided by FEMA for a fee that allows the public to request a change in flood zone designation in an Area of Special Flood Hazard on a Flood Insurance Rate Map (FIRM). Conditional letters of map revision, conditional letters of map revision-fill, letters of map revision, letters of map revision-fill, and letters of map amendment are requested through the letter of map change (LOMC) process.
FEMA's modification to an effective Flood Insurance Rate Map (FIRM). Letter of map revisions are generally based on the implementation of physical measures that affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective base flood elevations (BFEs), or the special flood hazard area (SFHA). The LOMR officially revises the Flood Insurance Rate Map (FIRM) and sometimes the Flood Insurance Study (FIS) report and, when appropriate, includes a description of the modifications. The LOMR is generally accompanied by an annotated copy of the affected portions of the FIRM or FIS report. Because a LOMR officially revises the effective NFIP map, it is a public record that the community must maintain. Any LOMR should be noted on the community's master flood map and filed by panel number in an accessible location.
FEMA's modification of the special flood hazard area (SFHA) shown on the Flood Insurance Rate Map (FIRM) based on the placement of fill outside the existing regulatory floodway may be initiated through the letter of map change (LOMC) process. Because a LOMR-F officially revises the effective Flood Insurance Rate Map (FIRM), it is a public record that the community must maintain. Any LOMR-F should be noted on the community's master flood map and filed by panel number in an accessible location.
Shall refer to either a New Jersey licensed professional engineer, licensed by the New Jersey State Board of Professional Engineers and Land Surveyors, or a New Jersey licensed architect, licensed by the New Jersey State Board of Architects.
Shall refer to individuals licensed by the New Jersey State Board of Professional Engineers and Land Surveyors.
The elevation reflective of the most recent available preliminary flood elevation guidance FEMA has provided as depicted on but not limited to Advisory Flood Hazard Area Maps, work maps, or preliminary FIS and FIRM which is also inclusive of freeboard specified by the New Jersey Flood Hazard Area Control Act and Uniform Construction Codes and any additional freeboard specified in a community's ordinance. In no circumstances shall a project's LDFE be lower than a permit-specified flood hazard area design flood elevation or a valid NJDEP flood hazard area verification letter plus the freeboard as required in ASCE 24 and the effective FEMA base flood elevation.
The lowest point of ground, patio, or sidewalk slab immediately next a structure, except in AO Zones where it is the natural grade elevation.
In A Zones, the lowest floor is the top surface of the lowest floor of the lowest enclosed area (including basement). In V Zones and Coastal A Zones, the bottom of the lowest horizontal structural member of a building is the lowest floor. An unfinished or flood resistant enclosure, usable solely for the parking of vehicles, building access or storage in an area other than a basement is not considered a building's lowest floor provided that such enclosure is not built so as to render the structure in violation of other applicable non-elevation design requirements of this article.
A structure that is transportable in one or more sections, eight feet or more in width and greater than 400 square feet, built on a permanent chassis, designed for use with or without a permanent foundation when attached to the required utilities, and constructed to the Federal Manufactured Home Construction and Safety Standards and rules and regulations promulgated by the U.S. Department of Housing and Urban Development. The term also includes mobile homes, park trailers, travel trailers and similar transportable structures that are placed on a site for 180 consecutive days or longer.
A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
The price at which a property will change hands between a willing buyer and a willing seller, neither party being under compulsion to buy or sell and both having reasonable knowledge of relevant facts. As used in this article, the term refers to the market value of buildings and structures, excluding the land and other improvements on the parcel. Market value shall be determined by one of the following methods: 1) actual cash value (replacement cost depreciated for age and quality of construction); 2) tax assessment value adjusted to approximate market value by a factor provided by the property appraiser; or 3) established by a qualified independent appraiser.
Structures for which the start of construction commenced on or after the effective date of the first floodplain regulation adopted by a community; includes any subsequent improvements to such structures. New construction includes work determined to be a substantial improvement.
Pursuant to ASCE 24, any building or structure or portion thereof that is not classified as residential.
This term refers to types of work excluded from construction permitting under N.J.A.C. 5:23 in the March 5, 2018, New Jersey Register. Some of these types of work must be considered in determinations of substantial improvement and substantial damage in regulated floodplains under 44 CFR 59.1. These types of work include, but are not limited to, replacements of roofing, siding, interior finishes, kitchen cabinets, plumbing fixtures and piping, HVAC and air-conditioning equipment, exhaust fans, built-in appliances, electrical wiring, etc. Improvements necessary to correct existing violations of state or local health, sanitation, or code enforcement officials which are the minimum necessary to assure safe living conditions and improvements of historic structures as discussed in 44 CFR 59.1 shall not be included in the determination of ordinary maintenance and minor work.
A vehicle that is built on a single chassis, 400 square feet or less when measured at the largest horizontal projection, designed to be self-propelled or permanently towable by a light-duty truck, and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect-type utilities and security devices, and has no permanently attached additions.
Pursuant to the ASCE 24:
Buildings and structures and portions thereof where people live or that are used for sleeping purposes on a transient or nontransient basis;
Structures including but not limited to one- and two-family dwellings, townhouses, condominiums, multifamily dwellings, apartments, congregate residences, boardinghouses, lodging houses, rooming houses, hotels, motels, apartment buildings, convents, monasteries, dormitories, fraternity houses, sorority houses, vacation time-share properties; and
Institutional facilities where people are cared for or live on a twenty-four-hour basis in a supervised environment, including but not limited to board and care facilities, assisted living facilities, halfway houses, group homes, congregate care facilities, social rehabilitation facilities, alcohol and drug centers, convalescent facilities, hospitals, nursing homes, mental hospitals, detoxification facilities, prisons, jails, reformatories, detention centers, correctional centers, and prerelease centers.
The storage, treatment, utilization, processing or final disposition of solid waste as described in N.J.A.C. 7:26-1.6 or the storage of unsecured materials as described in N.J.A.C. 7:13-2.3 for a period of greater than six months as specified in N.J.A.C. 7:26 which have been discharged, deposited, injected, dumped, spilled, leaked, or placed into any land or water such that such solid waste may enter the environment or be emitted into the air or discharged into any waters, including groundwaters.
The greater of the following: 1) land in the floodplain within a community subject to a 1% or greater chance of flooding in any given year, shown on the FIRM as Zone V, VE, V1-3, A, AO, A1-30, AE, A99, or AH; 2) land and the space above that land, which lies below the peak water surface elevation of the flood hazard area design flood for a particular water, as determined using the methods set forth in the New Jersey Flood Hazard Area Control Act in N.J.A.C. 7:13; 3) riparian buffers as determined in the New Jersey Flood Hazard Area Control Act in N.J.A.C. 7:13. Also referred to as the "area of special flood hazard."
The start of construction is as follows:
For other than new construction or substantial improvements, under the Coastal Barrier Resources Act (CBRA),[1] this is the date the building permit was issued, provided that the actual start of construction, repair, rehabilitation, addition, placement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a building on site, such as the pouring of a slab or footing, the installation of piles, the construction of columns or any work beyond the stage of excavation; or the placement of a manufactured (mobile) home on a foundation. For a substantial improvement, actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
For the purposes of determining whether proposed construction must meet new requirements when National Flood Insurance Program (NFIP) maps are issued or revised and base flood elevations (BFEs) increase or zones change, the start of construction includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation.
Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. Such development must also be permitted and must meet new requirements when National Flood Insurance Program (NFIP) maps are issued or revised and base flood elevations (BFEs) increase or zones change.
For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
For determining if new construction and substantial improvements within the Coastal Barrier Resources System (CBRS) can obtain flood insurance, a different definition applies.
A walled and roofed building, a manufactured home, or a gas or liquid storage tank that is principally aboveground.
Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
Any reconstruction, rehabilitation, addition, or other improvement of a structure taking place, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:
Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement officer and which are the minimum necessary to assure safe living conditions; or
Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure."
The period of time prescribed by N.J.S.A. 40:49-5 in which a property owner is afforded the opportunity to correct zoning and solid waste disposal after a notice of violation pertaining to this article has been issued.
Buildings and structures of an accessory character and miscellaneous structures not classified in any special occupancy, as described in ASCE 24.
A grant of relief from the requirements of this article which permits construction in a manner otherwise prohibited by this article where specific enforcement would result in unnecessary hardship.
A development that is not fully compliant with this article or the flood provisions of the building code. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this article is presumed to be in violation until such time as that documentation is provided.
The height, in relation to the North American Vertical Datum (NAVD) of 1988 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
A river, creek, stream, channel, or other topographic feature in, on, through, or over which water flows at least periodically.
Floodproofing method that relies on the use of flood damage resistant materials and construction techniques in areas of a structure that are below the local design flood elevation by intentionally allowing them to flood. The application of wet floodproofing as a flood protection technique under the National Flood Insurance Program (NFIP) is limited to enclosures below elevated residential and nonresidential structures and to accessory and agricultural structures that have been issued variances by the community.
[1]
Editor's Note: See 16 U.S.C. § 3501 et seq.
§ 100-95 Scope and administration.
[Amended 2-21-2023 by Ord. No. 2023-04; 12-5-2023 by Ord. No. 2023-16]
A.
Scope. This article, in combination with the flood provisions of the Uniform Construction Code and FHACA, shall apply to all proposed development in flood hazard areas established in § 100-96 of these regulations.
B.
Coordination with building codes. Pursuant to the requirement established in N.J.A.C. 5:23, the Uniform Construction Code, that the Township of Holland administer and enforce the State Building Codes, the Township Committee of the Township of Holland does hereby acknowledge that the Uniform Construction Code contains certain provisions that apply to the design and construction of buildings and structures in flood hazard areas. Therefore, this article is intended to be administered and enforced in conjunction with the Uniform Construction Code.
C.
Ordinary building maintenance and minor work. Improvements defined as ordinary building maintenance and minor work projects by the Uniform Construction Code including nonstructural replacement-in-kind of windows, doors, cabinets, plumbing fixtures, decks, walls, partitions, new flooring materials, roofing, etc., shall be evaluated by the Floodplain Administrator through the floodplain development permit to ensure compliance with § 100-97P, Substantial improvement and substantial damage determinations, of this article.
D.
Warning. The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur. Flood heights may be increased by man-made or natural causes. Enforcement of this article does not imply that land outside the special flood hazard areas, or that uses permitted within such flood hazard areas, will be free from flooding or flood damage.
E.
Other laws. The provisions of this article shall not be deemed to nullify any provisions of local, state, or federal law.
F.
Violations and penalties for noncompliance.
(1)
No structure or land shall hereafter be constructed, relocated to, extended, converted, or altered without full compliance with the terms of this article and other applicable regulations. Violation of the provisions of this article by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a violation under N.J.S.A. 40:49-5. Any person who violates this article or fails to comply with any of its requirements shall be subject to one or more of the following: a fine of not more than $1,250, imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days.
(2)
Each day in which a violation of an ordinance exists shall be considered to be a separate and distinct violation subject to the imposition of a separate penalty for each day of the violation as the court may determine, except that the owner will be afforded the opportunity to cure or abate the condition during a thirty-day period and shall be afforded the opportunity for a hearing before the court for an independent determination concerning the violation. Subsequent to the expiration of the thirty-day period, the above-referenced penalties may be imposed and the abatement must be completed.
G.
Solid waste disposal in a flood hazard area. Any person who has unlawfully disposed of solid waste in a floodway or floodplain who fails to comply with this article or fails to comply with any of its requirements shall upon conviction thereof be fined pursuant to N.J.S.A. 40:49-5 a minimum penalty of $2,500 up to a maximum penalty of $10,000.
H.
Abrogation and greater restrictions. This article supersedes any ordinance in effect in flood hazard areas. However, this article is not intended to repeal or abrogate any existing ordinances, including land development regulations, subdivision regulations, zoning ordinances, stormwater management regulations, or building codes. In the event of a conflict between this article and any other ordinance, code, or regulation, the more restrictive shall govern.
§ 100-96 Applicability.
[Amended 2-21-2023 by Ord. No. 2023-04]
A.
General. These regulations, in conjunction with the Uniform Construction Code, provide minimum requirements for development located in flood hazard areas, including the subdivision of land and other developments; site improvements and installation of utilities; placement and replacement of manufactured homes; placement of recreational vehicles; new construction and alterations, repair, reconstruction, rehabilitation or additions of existing buildings and structures; substantial improvement of existing buildings and structures, including repair of substantial damage; installation of tanks; temporary structures and temporary or permanent storage; utility and miscellaneous Group U buildings and structures; and certain building work exempt from permit under the Uniform Construction Code; and other buildings and development activities.
B.
Establishment of flood hazard areas.
(1)
The Township of Holland was accepted for participation in the National Flood Insurance Program on March 16, 1981. The National Flood Insurance Program (NFIP) floodplain management regulations encourage that all federal, state, and local regulations that are more stringent than the minimum NFIP standards take precedence in permitting decisions. The FHACA requires that the effective Flood Insurance Rate Map, most recent preliminary FEMA mapping and flood studies, and Department delineations be compared to determine the most restrictive mapping. The FHACA also regulates unstudied flood hazard areas in watersheds measuring 50 acres or greater in size and most riparian zones in New Jersey. Because of these higher standards, the regulated flood hazard area in New Jersey may be more expansive and more restrictive than the FEMA special flood hazard area. Maps and studies that establish flood hazard areas are on file at the office of the Holland Township Clerk, 61 Church Road, Milford, NJ 08848.
(2)
The following sources identify flood hazard areas in this jurisdiction and must be considered when determining the best available flood hazard data area:
(a)
Effective flood insurance study. Special flood hazard areas (SFHAs) identified by the Federal Emergency Management Agency in a scientific and engineering report entitled {full title of the FIS} dated {effective date of FIS} and the accompanying Flood Insurance Rate Maps (FIRM) identified in Table 102.2(1) whose effective date is {effective date of appendix map} are hereby adopted by reference.[1]
Table 102.2(1) | |||||
|---|---|---|---|---|---|
Map Panel # | Effective Date | Suffix | Map Panel# | Effective Date | Suffix |
34019C0069 | 2009-09-25 | F | 34019C0184 | 2012-05-02 | G |
34019C0088 | 2009-09-25 | F | 34019C0203 | 2012-05-02 | G |
34019C0089 | 2009-09-25 | F | 34019C0204 | 2012-05-02 | G |
34019C0179 | 2012-05-02 | G | 34019C0205 | 2009-09-25 | F |
34019C0181 | 2012-05-02 | G | 34019C0208 | 2009-09-25 | F |
34019C0182 | 2009-09-25 | F | 34019C0212 | 2012-05-02 | G |
34019C0183 | 2012-05-02 | G | 34019C0216 | 2009-09-25 | F |
[1]
Editor's Note: So as in original.
(b)
Federal best available information. The Township of Holland shall utilize federal flood information as listed in the table below that provides more detailed hazard information, higher flood elevations, larger flood hazard areas, and results in more restrictive regulations. This information may include but is not limited to preliminary flood elevation guidance from FEMA (such as Advisory Flood Hazard Area Maps, work maps or Preliminary FIS and FIRM). Additional federal best available studies issued after the date of this article must also be considered. These studies are listed on FEMA's Map Service Center. This information shall be used for floodplain regulation purposes only.
Table 102.2(2) | |||
|---|---|---|---|
Map Panel # | Preliminary Date | Map Panel# | Preliminary Date |
None as of the date of this article | |||
(c)
Other best available data. The Township of Holland shall utilize high water elevations from flood events, groundwater flooding areas, studies by federal or state agencies, or other information deemed appropriate by the Township of Holland. Other "best available information" may not be used which results in less restrictive flood elevations, design standards, or smaller flood hazard areas than the sources described in Subsection B(a) and (b), above. This information shall be used for floodplain regulation purposes only.
(d)
State-regulated flood hazard areas. For state-regulated waters, the NJ Department of Environmental Protection (NJDEP) identifies the flood hazard area as the land, and the space above that land, which lies below the "Flood Hazard Area Control Act Design Flood Elevation," as defined in § 100-98.5, and as described in the New Jersey Flood Hazard Area Control Act at N.J.A.C. 7:13. A FHACA flood hazard area exists along every regulated water that has a drainage area of 50 acres or greater. Such area may extend beyond the boundaries of the special flood hazard areas (SFHAs) as identified by FEMA. The following is a list of New Jersey State studied waters in this community under the FHACA, and their respective map identification numbers.
Table 102.2(3) List of State Studied Waters | ||
|---|---|---|
Name of Studied Water | File Name | Map Number |
Musconetcong River | L0000074p | 08P |
Musconetcong River | L0000075o | 07P |
Musconetcong River | L0000076o | 06P |
Musconetcong River | L0000077p | 05P |
Musconetcong River | L00000115p | 15P |
Musconetcong River | L00000116p | 14P |
Musconetcong River | L00000117p | 13P |
Musconetcong River | L00000118p | 12P |
Tributary No. 1 Delaware River | L00000119p | 11P |
Tributary No. 1 Delaware River | L00000120o | IOP |
Tributary No. 1 Delaware River | L00000121p | 09P |
Tributary No. 1 Delaware River | L00000122p | 08P |
Tributary No. 1 to Milford Creek | L00000123o | 07P |
Milford Creek | L00000124p | 06P |
Milford Creek | L00000125o | 05P |
Delaware River | L00000126p | 04P |
Delaware River | L00000127p | 03P |
Delaware River | L00000128p | 02P |
Delaware River | L00000129p | 0IP |
Delaware River | L00000133p | 0IP |
Musconetcong River | FFMR0036 | MU-I |
Musconetcong River | L0000024 | 22.4 |
Musconetcong River | L0000025 | 22.3 |
Musconetcong River | L0000026 | 22.2 |
Musconetcong River | L0000027 | 22.1 |
Musconetcong River | L0000027 | 22.1 |
Musconetcong River, Delaware River | L0000028 | 22 |
Delaware River | L0000029 | 21 |
Delaware River, Tributary No. 1 | L0000030 | 19 |
Delaware River | L0000031 | 18 |
Delaware River | L0000032 | 20 |
Milford Creek, Milford Creek Tributary No. 1 | L0000033 | 17.1 |
Milford Creek, Delaware River, Quequacommisacong Creek | L0000034 | 17 |
Milford Creek, Delaware River | L0000035 | 16 |
Harihokake Creek | L0000036 | 15.2 |
Harihokake Creek | L0000037 | 15.1 |
Harihokake Creek, Delaware River | L0000038 | 15 |
C.
Establishing the local design flood elevation (LDFE).
(1)
The local design flood elevation (LDFE) is established in the flood hazard areas determined in Subsection B, above, using the best available flood hazard data sources, and the Flood Hazard Area Control Act minimum statewide elevation requirements for lowest floors in A, Coastal A, and V zones, ASCE 24 requirements for critical facilities as specified by the building code, plus additional freeboard as specified by this article.
(2)
At a minimum, the local design flood elevation shall be as follows:
(a)
For a delineated watercourse, the elevation associated with the best available flood hazard data area determined in Subsection B, above plus one foot or as described by N.J.A.C. 7:13 of freeboard; or
(b)
For any undelineated watercourse (where mapping or studies described in Subsection B(2)(a) and (b) above are not available) that has a contributory drainage area of 50 acres or more, the applicants must provide one of the following to determine the local design flood elevation:
[1]
A copy of an unexpired NJDEP Flood Hazard Area Verification plus one foot of freeboard and any additional freeboard as required by ASCE 24; or
[2]
A determination of the flood hazard area design flood elevation using Method 5 or Method 6 (as described in N.J.A.C. 7:13) plus one foot of freeboard and any additional freeboard as required by ASCE 24. Any determination using these methods must be sealed and submitted according to § 100-98.1B(1)(c).
(c)
AO Zones. For Zone AO areas on the municipality's FIRM (or on preliminary flood elevation guidance from FEMA), the local design flood elevation is determined from the FIRM panel as the highest adjacent grade plus the depth number specified plus one foot of freeboard. If no depth number is specified, the local design flood elevation is three feet above the highest adjacent grade.
(d)
Class IV critical facilities. For any proposed development of new and substantially improved Flood Design Class IV critical facilities, the local design flood elevation must be the higher of the 0.2% annual chance (500-year) flood elevation or the flood hazard area design flood elevation with an additional two feet of freeboard in accordance with ASCE 24.
(e)
Class III critical facilities. For proposed development of new and substantially improved Flood Design Class III critical facilities in coastal high hazard areas, the local design flood elevation must be the higher of the 0.2% annual chance (500-year) flood elevation or the flood hazard area design flood elevation with an additional one foot of freeboard in accordance with ASCE 24.
§ 100-97 Duties and powers of the Floodplain Administrator.
[Amended 2-21-2023 by Ord. No. 2023-04]
A.
Floodplain administrator designation. The Holland Township Zoning Officer is designated the Floodplain Administrator. The Floodplain Administrator shall have the authority to delegate performance of certain duties to other employees.
B.
General. The Floodplain Administrator is authorized and directed to administer the provisions of these regulations. The Floodplain Administrator shall have the authority to render interpretations of these regulations consistent with the intent and purpose of these regulations and to establish policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be consistent with the intent and purpose of these regulations and the flood provisions of the building code and shall not have the effect of waiving specific requirements without the granting of a variance pursuant to § 100-98.3 of these regulations.
C.
Coordination. The Floodplain Administrator shall coordinate with the Construction Official to administer and enforce the flood provisions of the Uniform Construction Code.
D.
Duties. The duties of the Floodplain Administrator shall include but are not limited to:
(1)
Review all permit applications to determine whether proposed development is located in flood hazard areas established in § 100-96 of these regulations.
(2)
Require development in flood hazard areas to be reasonably safe from flooding and to be designed and constructed with methods, practices and materials that minimize flood damage.
(3)
Interpret flood hazard area boundaries and provide available flood elevation and flood hazard information.
(4)
Determine whether additional flood hazard data shall be obtained or developed.
(5)
Review required certifications and documentation specified by these regulations and the building code to determine that such certifications and documentations are complete.
(6)
Establish, in coordination with the Construction Official, written procedures for administering and documenting determinations of substantial improvement and substantial damage made pursuant to § 100-97P of these regulations.
(7)
Coordinate with the Construction Official and others to identify and investigate damaged buildings located in flood hazard areas and inform owners of the requirement to obtain permits for repairs.
(8)
Review requests submitted to the Construction Official seeking approval to modify the strict application of the flood load and flood-resistant construction requirements of the Uniform Construction code to determine whether such requests require consideration as a variance pursuant to § 100-98.3 of these regulations.
(9)
Require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit to FEMA the data and information necessary to maintain the Flood Insurance Rate Maps when the analyses propose to change base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within six months of such data becoming available.
(10)
Require applicants who propose alteration of a watercourse to notify adjacent jurisdictions and the NJDEP Bureau of Flood Engineering and to submit copies of such notifications to the Federal Emergency Management Agency (FEMA).
(11)
Inspect development in accordance with § 100-98.2 of these regulations and inspect flood hazard areas to determine if development is undertaken without issuance of permits.
(12)
Prepare comments and recommendations for consideration when applicants seek variances in accordance with § 100-98.3 of these regulations.
(14)
Notify the Federal Emergency Management Agency when the corporate boundaries of the Township of Holland have been modified.
E.
Use of changed technical data. The Floodplain Administrator and the applicant shall not use changed flood hazard area boundaries or base flood elevations for proposed buildings or developments unless the Floodplain Administrator or applicant has applied for a conditional letter of map revision (CLOMR) to the Flood Insurance Rate Map (FIRM) revision and has received the approval of the Federal Emergency Management Agency. A revision of the effective FIRM does not remove the related feature(s) on a flood hazard area delineation that has been promulgated by the NJDEP. A separate application must be made to the state pursuant to N.J.A.C. 7:13 for revision of a flood hazard design flood elevation, flood hazard area limit, floodway limit, and/or other related feature.
F.
Other permits. It shall be the responsibility of the Floodplain Administrator to assure that approval of a proposed development shall not be given until proof that necessary permits have been granted by Federal or State agencies having jurisdiction over such development, including Section 404 of the Clean Water Act.[1] In the event of conflicting permit requirements, the Floodplain Administrator must ensure that the most restrictive floodplain management standards are reflected in permit approvals.
[1]
Editor's Note: See 33 U.S.C. § 1344.
G.
Determination of local design flood elevations.
(1)
If design flood elevations are not specified, the Floodplain Administrator is authorized to require the applicant to:
(a)
Obtain, review, and reasonably utilize data available from a federal, state, or other source; or
(b)
Determine the design flood elevation in accordance with accepted hydrologic and hydraulic engineering techniques. Such analyses shall be performed and sealed by a licensed professional engineer. Studies, analyses, and computations shall be submitted in sufficient detail to allow review and approval by the Floodplain Administrator. The accuracy of data submitted for such determination shall be the responsibility of the applicant.
(2)
It shall be the responsibility of the Floodplain Administrator to verify that the applicant's proposed best available flood hazard data area and the local design flood elevation in any development permit accurately applies the best available flood hazard data and methodologies for determining flood hazard areas and design elevations described in § 100-96B and § 100-96B respectively. This information shall be provided to the Construction Official and documented according to § 100-97Q.
H.
Requirement to submit new technical data. Base flood elevations may increase or decrease resulting from natural changes (e.g., erosion, accretion, channel migration, subsidence, uplift) or man-made physical changes (e.g., dredging, filling, excavation) affecting flooding conditions. As soon as practicable, but not later than six months after the date of a man-made change or when information about a natural change becomes available, the Floodplain Administrator shall notify the Federal Insurance Administrator of the changes by submitting technical or scientific data in accordance with 44 CFR 65.3. Such a submission is necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements will be based upon current data.
I.
Activities in riverine flood hazard areas. In riverine flood hazard areas where design flood elevations are specified but floodways have not been designated, the Floodplain Administrator shall not permit any new construction, substantial improvement or other development, including the placement of fill, unless the applicant submits an engineering analysis prepared by a licensed professional engineer that demonstrates that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachment, will not increase the design flood elevation more than 0.2 feet at any point within the community.
J.
Floodway encroachment. Prior to issuing a permit for any floodway encroachment, including fill, new construction, substantial improvements and other development or land-disturbing activity, the Floodplain Administrator shall require submission of a certification prepared by a licensed professional engineer, along with supporting technical data, that demonstrates that such development will not cause any increase in the base flood level.
K.
Floodway revisions. A floodway encroachment that increases the level of the base flood is authorized if the applicant has applied for a conditional letter of map revision (CLOMR) to the Flood Insurance Rate Map (FIRM) and has received the approval of FEMA.
L.
Watercourse alteration. Prior to issuing a permit for any alteration or relocation of any watercourse, the Floodplain Administrator shall require the applicant to provide notification of the proposal to the appropriate authorities of all adjacent government jurisdictions, as well as the NJDEP Bureau of Flood Engineering and the Division of Land Resource Protection. A copy of the notification shall be maintained in the permit records and submitted to FEMA.
M.
Engineering analysis. The Floodplain Administrator shall require submission of an engineering analysis prepared by a licensed professional engineer, demonstrating that the flood-carrying capacity of the altered or relocated portion of the watercourse will be maintained, neither increased nor decreased. Such watercourses shall be maintained in a manner that preserves the channel's flood-carrying capacity.
N.
Alterations in coastal areas. The excavation or alteration of sand dunes is governed by the New Jersey Coastal Zone Management (CZM) rules, N.J.A.C. 7:7. Prior to issuing a flood damage prevention permit for any alteration of sand dunes in coastal high hazard areas and Coastal A Zones, the Floodplain Administrator shall require that a New Jersey CZM permit be obtained and included in the flood damage prevention permit application. The applicant shall also provide documentation of any engineering analysis, prepared by a licensed professional engineer, that demonstrates that the proposed alteration will not increase the potential for flood damage.
O.
Development in riparian zones. All development in riparian zones as described in N.J.A.C. 7:13 is prohibited by this article unless the applicant has received an individual or general permit or has complied with the requirements of a permit by rule or permit by certification from NJDEP Division of Land Resource Protection prior to application for a floodplain development permit and the project is compliant with all other Floodplain Development provisions of this article. The width of the riparian zone can range between 50 and 300 feet and is determined by the attributes of the waterbody and designated in the New Jersey Surface Water Quality Standards N.J.A.C. 7:9B. The portion of the riparian zone located outside of a regulated water is measured landward from the top of bank. Applicants can request a verification of the riparian zone limits or a permit applicability determination to determine state permit requirements under N.J.A.C. 7:13 from the NJDEP Division of Land Resource Protection.
P.
Substantial improvement and substantial damage determinations. When buildings and structures are damaged due to any cause including but not limited to man-made, structural, electrical, mechanical, or natural hazard events, or are determined to be unsafe as described in N.J.A.C. 5:23; and for applications for building permits to improve buildings and structures, including alterations, movement, repair, additions, rehabilitations, renovations, ordinary maintenance and minor work, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the Floodplain Administrator, in coordination with the Construction Official, shall:
(1)
Estimate the market value, or require the applicant to obtain a professional appraisal prepared by a qualified independent appraiser, of the market value of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made.
(2)
Determine and include the costs of all ordinary maintenance and minor work, as discussed in § 100-96B, performed in the floodplain regulated by this article in addition to the costs of those improvements regulated by the Construction Official in substantial damage and substantial improvement calculations.
(3)
Compare the cost to perform the improvement, the cost to repair the damaged building to its predamaged condition, or the combined costs of improvements and repairs, where applicable, to the market value of the building or structure.
(4)
Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage.
(5)
Notify the applicant in writing when it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood-resistant construction requirements of the building code is required and notify the applicant when it is determined that work does not constitute substantial improvement or repair of substantial damage. The Floodplain Administrator shall also provide all letters documenting substantial damage and compliance with flood-resistant construction requirements of the building code to the NJDEP Bureau of Flood Engineering.
Q.
Department records. In addition to the requirements of the building code and these regulations, and regardless of any limitation on the period required for retention of public records, the Floodplain Administrator shall maintain and permanently keep and make available for public inspection all records that are necessary for the administration of these regulations and the flood provisions of the Uniform Construction Code, including Flood Insurance Studies, Flood Insurance Rate Maps; documents from FEMA that amend or revise FIRMs; NJDEP delineations, records of issuance of permits and denial of permits; records of ordinary maintenance and minor work, determinations of whether proposed work constitutes substantial improvement or repair of substantial damage; required certifications and documentation specified by the Uniform Construction Code and these regulations including as-built elevation certificates; notifications to adjacent communities, FEMA, and the state related to alterations of watercourses; assurance that the flood-carrying capacity of altered waterways will be maintained; documentation related to variances, including justification for issuance or denial; and records of enforcement actions taken pursuant to these regulations and the flood-resistant provisions of the Uniform Construction Code. The Floodplain Administrator shall also record the required elevation, determination method, and base flood elevation source used to determine the local design flood elevation in the floodplain development permit.
R.
Liability. The Floodplain Administrator and any employee charged with the enforcement of these regulations, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by these regulations or other pertinent law or ordinance, shall not thereby be rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of these regulations shall be defended by legal representative of the jurisdiction until the final termination of the proceedings. The Floodplain Administrator and any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of these regulations.
§ 100-98 Permits.
[Amended 2-21-2023 by Ord. No. 2023-04]
A.
Permits required. Any person, owner or authorized agent who intends to conduct any development in a flood hazard area shall first make application to the Floodplain Administrator and shall obtain the required permit. Depending on the nature and extent of proposed development that includes a building or structure, the Floodplain Administrator may determine that a floodplain development permit or approval is required in addition to a building permit.
B.
Application for permit. The applicant shall file an application, in writing, on a form furnished by the Floodplain Administrator. Such application shall:
(1)
Identify and describe the development to be covered by the permit.
(2)
Describe the land on which the proposed development is to be conducted by legal description, street address or similar description that will readily identify and definitively locate the site.
(3)
Indicate the use and occupancy for which the proposed development is intended.
(4)
Be accompanied by a site plan and construction documents as specified in § 100-98.1 of these regulations, grading and filling plans and other information deemed appropriate by the Floodplain Administrator.
(5)
State the valuation of the proposed work, including the valuation of ordinary maintenance and minor work.
(6)
Be signed by the applicant or the applicant's authorized agent.
C.
Validity of permit. The issuance of a permit under these regulations or the Uniform Construction Code shall not be construed to be a permit for, or approval of, any violation of this appendix or any other ordinance of the jurisdiction. The issuance of a permit based on submitted documents and information shall not prevent the Floodplain Administrator from requiring the correction of errors. The Floodplain Administrator is authorized to prevent occupancy or use of a structure or site which is in violation of these regulations or other ordinances of this jurisdiction.
D.
Expiration. A permit shall become invalid when the proposed development is not commenced within 180 days after its issuance, or when the work authorized is suspended or abandoned for a period of 180 days after the work commences. Extensions shall be requested in writing and justifiable cause demonstrated. The Floodplain Administrator is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each.
E.
Suspension or revocation. The Floodplain Administrator is authorized to suspend or revoke a permit issued under these regulations wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or code of this jurisdiction.
§ 100-98.1 Site plans and construction documents.
[Added 2-21-2023 by Ord. No. 2023-04]
A.
Information for development in flood hazard areas.
(1)
The site plan or construction documents for any development subject to the requirements of these regulations shall be drawn to scale and shall include, as applicable to the proposed development:
(a)
Delineation of flood hazard areas, floodway boundaries and flood zone(s), base flood elevation(s), and ground elevations when necessary for review of the proposed development. For buildings that are located in more than one flood hazard area, the elevation and provisions associated with the most restrictive flood hazard area shall apply.
(b)
Where base flood elevations or floodway data are not included on the FIRM or in the Flood Insurance Study, they shall be established in accordance with § 100-98.1B.
(c)
Where the parcel on which the proposed development will take place will have more than 50 lots or is larger than five acres and base flood elevations are not included on the FIRM or in the Flood Insurance Study, such elevations shall be established in accordance with § 100-98.1B(1)(c) of these regulations.
(d)
Location of the proposed activity and proposed structures, and locations of existing buildings and structures; in coastal high hazard areas and Coastal A zones, new buildings shall be located landward of the reach of mean high tide.
(e)
Location, extent, amount, and proposed final grades of any filling, grading, or excavation.
(f)
Where the placement of fill is proposed, the amount, type, and source of fill material; compaction specifications; a description of the intended purpose of the fill areas; and evidence that the proposed fill areas are the minimum necessary to achieve the intended purpose. The applicant shall provide an engineering certification confirming that the proposal meets the flood storage displacement limitations of N.J.A.C. 7:13.
(g)
Extent of any proposed alteration of sand dunes.
(h)
Existing and proposed alignment of any proposed alteration of a watercourse.
(i)
Floodproofing certifications, V Zone and breakaway wall certifications, operations and maintenance plans, warning and evacuation plans and other documentation required pursuant to FEMA publications.
(2)
The Floodplain Administrator is authorized to waive the submission of site plans, construction documents, and other data that are required by these regulations but that are not required to be prepared by a registered design professional when it is found that the nature of the proposed development is such that the review of such submissions is not necessary to ascertain compliance.
B.
Information in flood hazard areas without base flood elevations (approximate Zone A).
(1)
Where flood hazard areas are delineated on the effective or preliminary FIRM and base flood elevation data have not been provided, the applicant shall consult with the Floodplain Administrator to determine whether to:
(a)
Use the Approximation Method (Method 5) described in N.J.A.C. 7:13 in conjunction with Appendix 1 of the FHACA to determine the required flood elevation.
(b)
Obtain, review, and reasonably utilize data available from a federal, state or other source when those data are deemed acceptable to the Floodplain Administrator to reasonably reflect flooding conditions.
(c)
Determine the base flood elevation in accordance with accepted hydrologic and hydraulic engineering techniques according to Method 6 as described in N.J.A.C. 7:13. Such analyses shall be performed and sealed by a licensed professional engineer.
(2)
Studies, analyses, and computations shall be submitted in sufficient detail to allow review and approval by the Floodplain Administrator prior to floodplain development permit issuance. The accuracy of data submitted for such determination shall be the responsibility of the applicant. Where the data are to be used to support a letter of map change (LOMC) from FEMA, the applicant shall be responsible for satisfying the submittal requirements and pay the processing fees.
C.
Analyses and certifications by a licensed professional engineer. As applicable to the location and nature of the proposed development activity, and in addition to the requirements of this section, the applicant shall have the following analyses signed and sealed by a licensed professional engineer for submission with the site plan and construction documents:
(1)
For development activities proposed to be located in a regulatory floodway, a floodway encroachment analysis that demonstrates that the encroachment of the proposed development will not cause any increase in base flood elevations; where the applicant proposes to undertake development activities that do increase base flood elevations, the applicant shall submit such analysis to FEMA as specified in § 100-98.1D of these regulations and shall submit the conditional letter of map revision, if issued by FEMA, with the site plan and construction documents.
(2)
For development activities proposed to be located in a riverine flood hazard area where base flood elevations are included in the FIS or FIRM but floodways have not been designated, hydrologic and hydraulic analyses that demonstrate that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachments will not increase the base flood elevation more than 0.2 feet at any point within the jurisdiction. This requirement does not apply in isolated flood hazard areas not connected to a riverine flood hazard area or in flood hazard areas identified as Zone AO or Zone AH.
(3)
For alteration of a watercourse, an engineering analysis prepared in accordance with standard engineering practices which demonstrates that the flood-carrying capacity of the altered or relocated portion of the watercourse will not be decreased, and certification that the altered watercourse shall be maintained, neither increasing nor decreasing the channel's flood-carrying capacity. The applicant shall submit the analysis to FEMA as specified in § 100-98.1D of these regulations. The applicant shall notify the chief executive officer of all affected adjacent jurisdictions, the NJDEP's Bureau of Flood Engineering and the Division of Land Resource Protection; and shall provide documentation of such notifications.
(4)
For activities that propose to alter sand dunes in coastal high hazard areas (Zone V) and Coastal A Zones, an engineering analysis that demonstrates that the proposed alteration will not increase the potential for flood damage and documentation of the issuance of a New Jersey Coastal Zone Management permit under N.J.A.C. 7:7.
(5)
For analyses performed using Methods 5 and 6 (as described in N.J.A.C. 7:13) in flood hazard zones without base flood elevations (approximate A zones).
D.
Submission of additional data. When additional hydrologic, hydraulic or other engineering data, studies, and additional analyses are submitted to support an application, the applicant has the right to seek a letter of map change (LOMC) from FEMA to change the base flood elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on FIRMs, and to submit such data to FEMA for such purposes. The analyses shall be prepared by a licensed professional engineer in a format required by FEMA. Submittal requirements and processing fees shall be the responsibility of the applicant.
§ 100-98.2 Inspections.
[Added 2-21-2023 by Ord. No. 2023-04]
A.
General. Development for which a permit is required shall be subject to inspection. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of these regulations or the building code. Inspections presuming to give authority to violate or cancel the provisions of these regulations or the building code or other ordinances shall not be valid.
B.
Inspections of development. The Floodplain Administrator shall inspect all development in flood hazard areas authorized by issuance of permits under these regulations. The Floodplain Administrator shall inspect flood hazard areas from time to time to determine if development is undertaken without issuance of a permit.
C.
Buildings and structures. The Construction Official shall make or cause to be made, inspections for buildings and structures in flood hazard areas authorized by permit in accordance with the Uniform Construction Code, N.J.A.C. 5:23.
(1)
Lowest floor elevation. Upon placement of the lowest floor, including the basement, and prior to further vertical construction, certification of the elevation required in § 100-98.10B shall be submitted to the Construction Official on an elevation certificate.
(2)
Lowest horizontal structural member. In V Zones and Coastal A zones, upon placement of the lowest floor, including the basement, and prior to further vertical construction, certification of the elevation required in § 100-98.10B shall be submitted to the Construction Official on an elevation certificate.
(3)
Installation of attendant utilities (electrical, heating, ventilating, air-conditioning, and other service equipment) and sanitary facilities elevated as discussed in § 100-98.10B.
(4)
Final inspection. Prior to the final inspection, certification of the elevation required in § 100-98.10B shall be submitted to the Construction Official on an elevation certificate.
D.
Manufactured homes. The Floodplain Administrator shall inspect manufactured homes that are installed or replaced in flood hazard areas to determine compliance with the requirements of these regulations and the conditions of the issued permit. Upon placement of a manufactured home, certification of the elevation of the lowest floor shall be submitted on an elevation certificate to the Floodplain Administrator prior to the final inspection.
§ 100-98.3 Variances.
[Amended 2-21-2023 by Ord. No. 2023-04]
A.
General. The Holland Township combined Land Use Board shall hear and decide requests for variances. The combined Land Use Board shall base its determination on technical justifications submitted by applicants, the considerations for issuance in § 100-98.3E, the conditions of issuance set forth in § 100-98.1C(1), and the comments and recommendations of the Floodplain Administrator and, as applicable, the Construction Official. The combined Land Use Board has the right to attach such conditions to variances as it deems necessary to further the purposes and objectives of these regulations.
B.
Historic structures. A variance to the substantial improvement requirements of this article is authorized provided that the repair or rehabilitation of a historic structure is completed according to N.J.A.C. 5:23-6.33, Section 1612 of the International Building Code and R322 of the International Residential Code, the repair or rehabilitation will not preclude the structure's continued designation as a historic structure, the structure meets the definition of the historic structure as described by this article, and the variance is the minimum necessary to preserve the historic character and design of the structure.
C.
Functionally dependent uses. A variance is authorized to be issued for the construction or substantial improvement necessary for the conduct of a functionally dependent use provided the variance is the minimum necessary to allow the construction or substantial improvement, and that all due consideration has been given to use of methods and materials that minimize flood damage during the base flood and create no additional threats to public safety.
D.
Restrictions in floodways. A variance shall not be issued for any proposed development in a floodway when any increase in flood levels would result during the base flood discharge, as evidenced by the applicable analysis and certification required in § 100-98.1C(1) of these regulations.
E.
Considerations. In reviewing requests for variances, all technical evaluations, all relevant factors, all other portions of these regulations, and the following shall be considered:
(1)
The danger that materials and debris may be swept onto other lands resulting in further injury or damage.
(2)
The danger to life and property due to flooding or erosion damage.
(3)
The susceptibility of the proposed development, including contents, to flood damage and the effect of such damage on current and future owners.
(4)
The importance of the services provided by the proposed development to the community.
(5)
The availability of alternate locations for the proposed development that are not subject to flooding or erosion and the necessity of a waterfront location, where applicable.
(6)
The compatibility of the proposed development with existing and anticipated development.
(7)
The relationship of the proposed development to the comprehensive plan and floodplain management program for that area.
(8)
The safety of access to the property in times of flood for ordinary and emergency vehicles.
(9)
The expected heights, velocity, duration, rate of rise and debris and sediment transport of the floodwater and the effects of wave action, where applicable, expected at the site.
(10)
The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, streets, and bridges.
F.
Conditions for issuance. Variances shall only be issued upon:
(1)
Submission by the applicant of a showing of good and sufficient cause that the unique characteristics of the size, configuration or topography of the site limit compliance with any provision of these regulations or renders the elevation standards of the building code inappropriate.
(2)
A determination that failure to grant the variance would result in exceptional hardship due to the physical characteristics of the land that render the lot undevelopable.
(3)
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, nor create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances.
(4)
A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(5)
Notification to the applicant in writing over the signature of the Floodplain Administrator that the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage, and that such construction below the base flood level increases risks to life and property.
§ 100-98.4 Violations.
[Added 2-21-2023 by Ord. No. 2023-04]
A.
Violations. Any development in any flood hazard area that is being performed without an issued permit or that is in conflict with an issued permit shall be deemed a violation. A building or structure without the documentation of elevation of the lowest floor, the lowest horizontal structural member if in a V or Coastal A Zone, other required design certifications, or other evidence of compliance required by the building code is presumed to be a violation until such time as that documentation is provided.
B.
Authority. The Floodplain Administrator is authorized to serve notices of violation or stop-work orders to owners of property involved, to the owner's agent, or to the person or persons doing the work for development that is not within the scope of the Uniform Construction Code, but is regulated by these regulations and that is determined to be a violation.
C.
Unlawful continuance. Any person who shall continue any work after having been served with a notice of violation or a stop-work order, except such work as that person is directed to perform to remove or remedy a violation or unsafe condition, shall be subject to penalties as prescribed by N.J.S.A. 40:49-5 as appropriate.
D.
Review period to correct violations. A thirty-day period shall be given to the property owner as an opportunity to cure or abate the condition. The property owner shall also be afforded an opportunity for a hearing before the court for an independent determination concerning the violation. Subsequent to the expiration of the thirty-day period, a fine greater than $1,250, may be imposed if a court has not determined otherwise or, upon reinspection of the property, it is determined that the abatement has not been substantially completed.
§ 100-98.5 (Reserved). [1]
§ 100-98.6 Subdivisions and other developments.
[Added 2-21-2023 by Ord. No. 2023-04]
A.
General. Any subdivision proposal, including proposals for manufactured home parks and subdivisions, or other proposed new development in a flood hazard area shall be reviewed to assure that:
(1)
All such proposals are consistent with the need to minimize flood damage.
(2)
All public utilities and facilities, such as sewer, gas, electric and water systems are located and constructed to minimize or eliminate flood damage.
(3)
Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shall be provided to guide floodwater around and away from structures.
B.
Subdivision requirements. Where any portion of proposed subdivisions, including manufactured home parks and subdivisions, lies within a flood hazard area, the following shall be required:
(1)
The flood hazard area, including floodways, coastal high hazard areas, and Coastal A Zones, and base flood elevations, as appropriate, shall be delineated on tentative subdivision plats.
(2)
Residential building lots shall be provided with adequate buildable area outside the floodway.
(3)
The design criteria for utilities and facilities set forth in these regulations and appropriate codes shall be met.
§ 100-98.7 Site improvement.
[Added 2-21-2023 by Ord. No. 2023-04]
A.
Encroachment in floodways. Development, land-disturbing activity, and encroachments in floodways shall not be authorized unless it has been demonstrated through hydrologic and hydraulic analyses required in accordance with § 100-98.1C(1) of these regulations, that the proposed encroachment will not result in any increase in the base flood level during occurrence of the base flood discharge. If § 100-98.1C(1) is satisfied, proposed elevation, addition, or reconstruction of a lawfully existing structure within a floodway shall also be in accordance with § 100-98.10B of this article and the floodway requirements of N.J.A.C. 7:13.
C.
Sewer facilities. All new and replaced sanitary sewer facilities, private sewage treatment plants (including all pumping stations and collector systems) and on-site waste disposal systems shall be designed in accordance with the New Jersey septic system regulations contained in N.J.A.C. 14A and N.J.A.C. 7:9A, the UCC Plumbing Subcode (N.J.A.C. 5:23) and Chapter 7, ASCE 24, to minimize or eliminate infiltration of floodwater into the facilities and discharge from the facilities into floodwaters, or impairment of the facilities and systems.
D.
Water facilities. All new and replacement water facilities shall be designed in accordance with the New Jersey Safe Drinking Water Act (N.J.A.C. 7:10) and the provisions of Chapter 7 ASCE 24, to minimize or eliminate infiltration of floodwater into the systems.
E.
Storm drainage. Storm drainage shall be designed to convey the flow of surface waters to minimize or eliminate damage to persons or property.
F.
Streets and sidewalks. Streets and sidewalks shall be designed to minimize potential for increasing or aggravating flood levels.
G.
Limitations on placement of fill. Subject to the limitations of these regulations, fill shall be designed to be stable under conditions of flooding including rapid rise and rapid drawdown of floodwater, prolonged inundation, and protection against flood-related erosion and scour. In addition to these requirements, when intended to support buildings and structures (Zone A only), fill shall comply with the requirements of the UCC (N.J.A.C. 5:23). Proposed fill and encroachments in flood hazard areas shall comply with the flood storage displacement limitations of N.J.A.C. 7:13.
H.
Hazardous materials. The placement or storage of any containers holding hazardous substances in a flood hazard area is prohibited unless the provisions of N.J.A.C. 7:13 which cover the placement of hazardous substances and solid waste is met.
§ 100-98.5 Manufactured homes.
[Added 2-21-2023 by Ord. No. 2023-04]
A.
General. All manufactured homes installed in flood hazard areas shall be installed pursuant to the Nationally Preemptive Manufactured Home Construction and Safety Standards Program (24 CFR 3280).
B.
Elevation. All new, relocated, and replacement manufactured homes to be placed or substantially improved in a flood hazard area shall be elevated such that the bottom of the frame is elevated to or above the elevation specified in § 100-98.10B
C.
Foundations. All new, relocated, and replacement manufactured homes, including substantial improvement of existing manufactured homes, shall be placed on foundations as specified by the manufacturer only if the manufacturer's installation instructions specify that the home has been designed for flood-resistant considerations and provides the conditions of applicability for velocities, depths, or wave action as required by 24 CFR Part 3285-302. The Floodplain Administrator is authorized to determine whether the design meets or exceeds the performance necessary based upon the proposed site location conditions as a precondition of issuing a flood damage prevention permit. If the Floodplain Administrator determines that the home's performance standards will not withstand the flood loads in the proposed location, the applicant must propose a design certified by a New Jersey licensed design professional and in accordance with 24 CFR 3285.301(c) and (d) which conforms with ASCE 24, the accepted standard of engineering practice for flood-resistant design and construction.
D.
Anchoring. All new, relocated, and replacement manufactured homes to be placed or substantially improved in a flood hazard area shall be installed using methods and practices which minimize flood damage and shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.
E.
Enclosures. Fully enclosed areas below elevated manufactured homes shall comply with the requirements of § 100-98.10B.
F.
Protection of mechanical equipment and outside appliances. Mechanical equipment and outside appliances shall be elevated to or above the elevation of the bottom of the frame required in § 100-98.10B of these regulations.
Exception. Where such equipment and appliances are designed and installed to prevent water from entering or accumulating within their components and the systems are constructed to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during the occurrence of flooding up to the elevation required by § 100-98.10B, the systems and equipment shall be permitted to be located below that elevation. Electrical wiring systems shall be permitted below the design flood elevation provided they conform to the provisions of NFPA 70 (National Electric Code).
§ 100-98.8 Recreational vehicles.
[Added 2-21-2023 by Ord. No. 2023-04]
A.
Placement prohibited. The placement of recreational vehicles shall not be authorized in coastal high hazard areas and in floodways.
B.
Temporary placement. Recreational vehicles in flood hazard areas shall be fully licensed and ready for highway use and shall be placed on a site for less than 180 consecutive days.
C.
Permanent placement. Recreational vehicles that are not fully licensed and ready for highway use, or that are to be placed on a site for more than 180 consecutive days, shall meet the requirements of § 100-98.10B for habitable buildings and § 100-98.5C.
§ 100-98.9 Tanks.
[Added 2-21-2023 by Ord. No. 2023-04]
A.
Tanks. Underground and aboveground tanks shall be designed, constructed, installed, and anchored in accordance with ASCE 24 and N.J.A.C. 7:13.
§ 100-98.10 Other development and building work.
[Added 2-21-2023 by Ord. No. 2023-04]
A.
General requirements for other development and building work. All development and building work, including man-made changes to improved or unimproved real estate for which specific provisions are not specified in these regulations or the Uniform Construction Code (N.J.A.C. 5:23), shall:
(1)
Be located and constructed to minimize flood damage;
(2)
Meet the limitations of § 100-98.1C(1) of this article when located in a regulated floodway;
(3)
Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic and hydrodynamic loads, including the effects of buoyancy, during the conditions of flooding up to the local design flood elevation determined according to § 100-96C;
(5)
Have mechanical, plumbing, and electrical systems above the local design flood elevation determined according to § 100-96C or meet the requirements of ASCE 24 Chapter 7 which requires that attendant utilities are located above the local design flood elevation unless the attendant utilities and equipment are:
(6)
Not exceed the flood storage displacement limitations in fluvial flood hazard areas in accordance with N.J.A.C. 7:13; and
(7)
Not exceed the impacts to frequency or depth of offsite flooding as required by N.J.A.C. 7:13 in floodways.
B.
Requirements for habitable buildings and structures.
(1)
Construction and elevation in A Zones not including Coastal A Zones.
(a)
No portion of a building is located within a V Zone.
(b)
No portion of a building is located within a Coastal A Zone, unless a licensed design professional certifies that the building's foundation is designed in accordance with ASCE 24, Chapter 4.
(c)
All new construction and substantial improvement of any habitable building (as defined in § 100-98.5) located in flood hazard areas shall have the lowest floor, including basement, together with the attendant utilities (including all electrical, heating, ventilating, air-conditioning and other service equipment) and sanitary facilities, elevated to or above the local design flood elevation as determined in § 100-96C, be in conformance with ASCE Chapter 7, and be confirmed by an elevation certificate.
(d)
All new construction and substantial improvements of nonresidential structures shall:
[1]
Have the lowest floor, including basement, together with the attendant utilities (including all electrical, heating, ventilating, air-conditioning and other service equipment) and sanitary facilities, elevated to or above the local design flood elevation as determined in § 100-96C, be in conformance with ASCE Chapter 7, and be confirmed by an elevation certificate; or
[2]
Together with the attendant utility and sanitary facilities, be designed so that below the local design flood elevation, the structure:
[a]
Meets the requirements of ASCE 24, Chapters 2 and 7; and
[b]
Is constructed according to the design plans and specifications provided at permit application and signed by a licensed design professional, is certified by that individual in a Floodproofing Certificate, and is confirmed by an elevation certificate.
(e)
All new construction and substantial improvements with fully enclosed areas below the lowest floor shall be used solely for parking of vehicles, building access, or storage in an area other than a basement and which are subject to flooding. Enclosures shall:
[1]
For habitable structures, be situated at or above the adjoining exterior grade along at least one entire exterior wall, in order to provide positive drainage of the enclosed area in accordance with N.J.A.C. 7:13; enclosures (including crawlspaces and basements) which are below grade on all sides are prohibited;
[2]
Be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters unless the structure is nonresidential and the requirements of § 100-98.10B(1)(d)[2] are met;
[3]
Be constructed to meet the requirements of ASCE 24 Chapter 2;
[4]
Have openings documented on an elevation certificate; and
[5]
Have documentation that a deed restriction has been obtained for the lot if the enclosure is greater than six feet in height. This deed restriction shall be recorded in the Office of the County Clerk or the Registrar of Deeds and Mortgages in which the building is located, shall conform to the requirements in N.J.A.C. 7:13, and shall be recorded within 90 days of receiving a Flood Hazard Area Control Act permit or prior to the start of any site disturbance (including preconstruction earth movement, removal of vegetation and structures, or construction of the project), whichever is sooner. Deed restrictions must explain and disclose that:
[a]
The enclosure is likely to be inundated by floodwaters which may result in damage and/or inconvenience.
[b]
The depth of flooding that the enclosure would experience to the flood hazard area design flood elevation;
[c]
The deed restriction prohibits habitation of the enclosure and explains that converting the enclosure into a habitable area may subject the property owner to enforcement.
C.
Garages and accessory storage structures. Garages and accessory storage structures shall be designed and constructed in accordance with the Uniform Construction Code.
D.
Fences. Fences in floodways that have the potential to block the passage of floodwater, such as stockade fences and wire mesh fences, shall meet the requirements of § 100-98.1C(1) of these regulations. Pursuant to N.J.A.C. 7:13, any fence located in a floodway shall have sufficiently large openings so as not to catch debris during a flood and thereby obstruct floodwaters, such as barbed-wire, split-rail, or strand fence. A fence with little or no open area, such as a chain-link, lattice, or picket fence, does not meet this requirement. Foundations for fences greater than six feet in height must conform with the Uniform Construction Code. Fences for pool enclosures having openings not in conformance with this section but in conformance with the Uniform Construction Code to limit climbing require a variance as described in § 100-98.3 of this article.
E.
Retaining walls, sidewalks, and driveways. Retaining walls, sidewalks and driveways that involve placement of fill in floodways shall meet the requirements of § 100-98.1C(1) of these regulations and N.J.A.C. 7:13.
F.
Swimming pools. Swimming pools shall be designed and constructed in accordance with the Uniform Construction Code. Aboveground swimming pools and below-ground swimming pools that involve placement of fill in floodways shall also meet the requirements of § 100-98.1C(1) of these regulations. Aboveground swimming pools are prohibited in floodways by N.J.A.C. 7:13.
G.
Roads and watercourse crossings.
(1)
For any railroad, roadway, or parking area proposed in a flood hazard area, the travel surface shall be constructed at least one foot above the flood hazard area design elevation in accordance with N.J.A.C. 7:13.
(2)
Roads and watercourse crossings that encroach into regulated floodways or riverine waterways with base flood elevations where floodways have not been designated, including roads, bridges, culverts, low-water crossings and similar means for vehicles or pedestrians to travel from one side of a watercourse to the other side, shall meet the requirements of § 100-98.1C(1) of these regulations.
§ 100-98.11 Temporary structures and temporary storage.
[Added 2-21-2023 by Ord. No. 2023-04]
A.
Temporary structures. Temporary structures shall be erected for a period of less than 180 days. Temporary structures shall be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions of the base flood. Fully enclosed temporary structures shall have flood openings that are in accordance with ASCE 24 to allow for the automatic entry and exit of floodwaters.
B.
Temporary storage. Temporary storage includes storage of goods and materials for a period of less than 180 days. Stored materials shall not include hazardous materials.
C.
Floodway encroachment. Temporary structures and temporary storage in floodways shall meet the requirements of § 100-98.1C(1) of these regulations.
§ 100-98.12 Utility and Miscellaneous Group U.
[Added 2-21-2023 by Ord. No. 2023-04]
A.
Utility and Miscellaneous Group U. In accordance with Section 312 of the International Building Code, Utility and Miscellaneous Group U includes buildings and structures that are accessory in character and miscellaneous structures not classified in any specific occupancy in the Building Code, including, but not limited to, agricultural buildings, aircraft hangars (accessory to a one- or two-family residence), barns, carports, communication equipment structures (gross floor area less than 1,500 square feet), fences more than six feet (1,829 mm) high, grain silos (accessory to a residential occupancy), livestock shelters, private garages, retaining walls, sheds, stables, tanks and towers.
B.
Flood loads. Utility and miscellaneous Group U buildings and structures, including substantial improvement of such buildings and structures, shall be anchored to prevent flotation, collapse or lateral movement resulting from flood loads, including the effects of buoyancy, during conditions up to the local design flood elevation as determined in § 100-96C.
C.
Elevation. Utility and miscellaneous Group U buildings and structures, including substantial improvement of such buildings and structures, shall be elevated such that the lowest floor, including basement, is elevated to or above the local design flood elevation as determined in § 100-96C and in accordance with ASCE 24. Utility lines shall be designed and elevated in accordance with N.J.A.C. 7:13.
D.
Enclosures below base flood elevation. Fully enclosed areas below the design flood elevation shall be constructed in accordance with § 100-98.10B and with ASCE 24 for new construction and substantial improvements. Existing enclosures such as a basement or crawlspace having a floor that is below grade along all adjoining exterior walls shall be abandoned, filled-in, and/or otherwise modified to conform with the requirements of N.J.A.C. 7:13 when the project has been determined to be a substantial improvement by the Floodplain Administrator.
E.
Flood-damage-resistant materials. Flood-damage-resistant materials shall be used below the local design flood elevation determined in § 100-96C.
F.
Protection of mechanical, plumbing, and electrical systems. Mechanical, plumbing, and electrical systems, equipment and components, heating, ventilation, air-conditioning, plumbing fixtures, duct systems, and other service equipment, shall be elevated to or above the local design flood elevation determined in § 100-96C.
Exception: Electrical systems, equipment and components, and heating, ventilating, air-conditioning, and plumbing appliances, plumbing fixtures, duct systems, and other service equipment shall be permitted to be located below the local design flood elevation provided that they are designed and installed to prevent water from entering or accumulating within the components and to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during the occurrence of flooding to the local design flood elevation in compliance with the flood-resistant construction requirements of ASCE 24. Electrical wiring systems shall be permitted to be located below the local design flood elevation provided they conform to the provisions of NFPA 70 (National Electric Code).
§ 100-99 Abrogation and greater restrictions.
This article is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this article and other ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
§ 100-100 Interpretation.
§ 100-101 Warning and disclaimer of liability.
A.
The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This article does not imply that land outside the area of special flood hazards or uses permitted within such areas will be free from flooding or flood damages.
B.
This article shall not create liability on the part of the Township, any officer or employee thereof or the Federal Insurance Administration for any flood damages that result from reliance on this article or any administrative decision lawfully made hereunder.
§ 100-102 Establishment of development permit.
A.
A development permit shall be obtained before construction or development begins within any area of special flood hazard established in § 100-97.
B.
Application for a development permit shall be made on forms furnished by the Development Regulations Officer and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials and drainage facilities; and the location of the foregoing.
C.
Specifically, the following information is required:
(1)
Elevation in relation to mean sea level of the lowest floor (including basement) of structures;
(2)
Elevation in relation to mean sea level to which any structure has been floodproofed;
(3)
Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in § 100-106B(2); and
(4)
Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
§ 100-103 Designation of local administrator.
The Development Regulations Officer is hereby appointed to administer and implement this article by granting or denying development permit applications in accordance with its provisions.
§ 100-104 Duties and responsibilities of Development Regulations Officer.
The duties of the Development Regulations Officer shall include, but not be limited to:
A.
Permit review:
(1)
Review all development permits to determine that the permit requirements of this article have been satisfied.
(2)
Review all development permits to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required.
(3)
Review all development permits to determine if the proposed development is located in the floodway; if located in the floodway; assure that the encroachment provisions of § 100-106C(1) are met.
B.
Use of other base flood and floodway data. When base flood elevation and floodway data has not been provided in accordance with § 100-97, Basis for establishing areas of special flood hazard, the Development Regulations Officer shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer § 100-106B(1), Specific standards, residential construction, and § 100-106B(2), Specific standards, nonresidential construction.
C.
Information to be obtained and maintained.
(1)
Obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement.
(2)
For all new or substantially improved floodproofed structures:
(a)
Verify and record the actual elevation (in relation to mean sea level); and
(b)
Maintain the floodproofing certifications required in § 100-102C(3).
(3)
Maintain for public inspection all records pertaining to the provisions of this article.
D.
Alteration of watercourses.
(1)
Notify adjacent communities and the New Jersey Department of Environmental Protection, Dam Safety and Flood Control Section and the Land Use Regulation Program, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration.
(2)
Require that maintenance is provided within the altered or relocated portion of said watercourse so the flood carrying capacity is not diminished.
E.
Interpretation of FIRM Boundaries. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in § 100-105.
§ 100-105 Variance procedure.
A.
Appeal Board.
(1)
The Zoning Board of Adjustment of the Township as established under the Municipal Land Use Law shall hear and decide appeals and requests for variances from the requirements of this article in the manner prescribed for variances under the Municipal Land Use Law.
(2)
The Zoning Board of Adjustment shall hear and decide appeals when it is alleged that there is an error in any requirement, decision or determination made by the Development Regulations Officer in the enforcement or administration of this article.
(3)
Those aggrieved by the decision of the Zoning Board of Adjustment or any taxpayer may appeal such decision to the Superior Court of New Jersey as provided in the Rules of Court.
(4)
In passing upon such applications, the Zoning Board of Adjustment shall consider all technical evaluations, all relevant factors, standards specified in other sections of this article and:
(a)
The danger that materials may be swept onto other lands to the injury of others.
(b)
The danger to life and property due to flooding damage.
(c)
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.
(d)
The importance of the services provided by the proposed facility to the community.
(e)
The necessity to the facility of a waterfront location, where applicable.
(f)
The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage.
(g)
The compatibility of the proposed use with existing and anticipated development.
(h)
The relationship of the proposed use to the comprehensive plan and floodplain management program of that area.
(i)
The safety of access to the property in times of flood for ordinary and emergency vehicles.
(j)
The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site.
(k)
The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.
(5)
Upon consideration of the factors in § 100-105A(4) and the purposes of this article, the Appeal Board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this article.
(6)
The Development Regulations Officer shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Insurance Administration upon request.
B.
Conditions for variances.
(1)
Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the items in § 100-105A(4)(a) through (k) have been fully considered. As the lot size increases beyond 1/2 acre, the technical justification required for issuing the variance increases.
(2)
Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
(3)
Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
(4)
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(5)
Variances shall only be issued upon:
(a)
A showing of good and sufficient cause;
(b)
A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
(c)
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety or extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in § 100-105A(4), or conflict with existing local laws or ordinances.
(6)
Any applicant to whom a variance is granted shall be given written notice by the Development Regulations Officer that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
§ 100-106 Provisions for flood hazard reduction.
A.
General standards. In all areas of special flood hazards the following standards are required:
(1)
Anchoring.
(a)
All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.
(b)
All manufactured homes to be placed or substantially improved shall be anchored to resist flotation, collapse or lateral movement. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.
[Amended 2-21-2012 by Ord. No. 2012-1]
(2)
Construction materials and methods.
(3)
Utilities.
(a)
All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system;
(b)
New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters;
(c)
On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding; and
(d)
For all new construction and substantial improvements the electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
[Amended 2-21-2012 by Ord. No. 2012-1]
(4)
Subdivision proposals.
(a)
All subdivision proposals shall be consistent with the need to minimize flood damage;
(b)
All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage;
(c)
All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and
(d)
Base flood elevation data shall be provided for subdivision proposals and other proposed development which contain at least 50 lots or five acres (whichever is less).
(5)
Enclosure openings. All new construction and substantial improvements having fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria:
(a)
A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.
(b)
The bottom of all openings shall be no higher than one foot above grade.
(c)
Openings may be equipped with screens, louvers or other covering or devices, provided that they permit the automatic entry and exit of floodwaters.
B.
Specific standards. In all areas of special flood hazards where base flood elevation data have been provided as set forth in § 100-97, Basis for establishing areas of special flood hazard, or in § 100-104B, Use of other base flood and floodway data, the following standards are required:
(1)
Residential construction:
(a)
New construction and substantial improvement of any residential structure shall have the lowest floor, including basement together with attendant utilities and sanitary facilities, elevated to or above base flood elevation; and
(b)
Within any AO zone on the municipality's DFIRM all new construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet (at least two feet if no depth number is specified) and require adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.
(2)
Nonresidential construction: In an area of special flood hazard, all new construction and substantial improvement of any commercial, industrial or other nonresidential structure shall have the lowest floor, including basement together with the attendant utilities and sanitary facilities, either:
[Amended 2-21-2012 by Ord. No. 2012-1]
(a)
Elevated to the level of the base flood elevation; and within any AO zone on the Township’s DFIRM all new construction and substantial improvement of any commercial, industrial or other nonresidential structure shall have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet (at least two feet if no depth number is specified). And, adequate drainage paths around structures on slopes shall be required to guide floodwaters around and away from proposed structures; or
(b)
Floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water; have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and be certified by a registered professional engineer or architect, which certification shall state that the design and methods of construction are in accordance with accepted standards of practice for meeting the applicable provisions of this subsection. Such certification shall be provided to the official as set forth in § 100-104C(2)(b).
(3)
Manufactured homes.
(a)
Manufactured homes shall be anchored in accordance with § 100-106A(1)(b).
(b)
All manufactured homes to be placed or substantially improved within an area of special flood hazard shall be elevated on a permanent foundation such that the top of the lowest floor is at or above the base flood elevation.
C.
Floodways. Located within areas of special flood hazard established in § 100-97 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the following provisions apply:
(1)
Prohibit encroachments, including fill, new construction, substantial improvements and other development unless a technical evaluation demonstrates that encroachment shall not result in any increase in flood levels during the occurrence of the base flood discharge.
(2)
If § 100-106C(1) is satisfied, all new construction and substantial improvements must comply with flood hazard reduction provisions of § 100-106, Flood hazard reduction.
(3)
In all areas of special flood hazard in which base flood elevation data has been provided and no floodway has been designated, the cumulative effect of any proposed development, when combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than 0.2 foot at any point.
§ 100-107 Fees and escrows.
[Amended 7-6-2010 by Ord. No. 2010-12A]
At the time of filing an application for a development permit under this Article XII, the applicant shall pay a filing fee and establish an escrow deposit as established in Chapter 83, Fees. Such fee and escrow deposits shall be governed by the terms of § 100-147 of this Code. (NOTE: The present adequacy of this fee and escrow will be discussed with the Township Engineer and governing body and may be changed.)
§ 100-109 Undersized lots.
[Amended 9-5-1978; 9-3-1985 by Ord. No. 85-7; 9-15-1987 by Ord. No. 1987-9; 6-21-1988 by Ord. No. 1988-7; 9-1-1998 by Ord. No. 1998-9]
A.
Any parcel of land, at least 3/4 acre in lot area, in a residential district with a lot area less than that prescribed for a lot in the district in which such lot is located, which parcel was under one ownership and in existence at the time of the adoption of any ordinance repealed by the adoption of this Part 1 originally or of any amendment hereto, by which the minimum lot area applicable thereto was increased, may be used for single-family dwelling purposes as a principal use; any single-family dwelling or accessory structure to it thereon may be enlarged, and any single-family dwelling or accessory structure to it thereon which shall accidentally be destroyed may be replaced in the same location as it occupied on the lot immediately prior to said accidental destruction and shall not constitute a nonconforming use or structure, provided that:
(1)
All regulations except front, side and rear yard and setback line requirements prescribed for the district by this Part 1 shall be complied with.
(2)
Either the owner thereof owns no adjoining land or the parcel was granted either minor or final major subdivision approval by the Township Planning Board or Board of Adjustment.
B.
Except as provided in Subsection C below, in lieu of the front, side and rear yard and setback line requirements prescribed for the district by this Part 1, the following front, side and rear yard and setback line requirements shall apply:
(1)
Setback line. No building or parts of a building shall be closer than 50 feet to the nearest street line.
(2)
Front yard. Front yards shall be at least 50 feet in depth.
(3)
Side yard. Each principal building shall be provided with a side yard, each at least 25 feet in width.
(4)
Rear yard. Each principal building shall be provided with a rear yard at least 25 feet in depth.
§ 100-110 Exceptions to yard requirements.
A.
Recognizing that there are trends in home planning and lot arrangement to secure the full benefit of sunlight, prevailing winds and other amenities which may necessitate variation in the front, side and rear yard requirements of this Part 1, such variation may be permitted in the case of isolated homes, groups of homes or neighborhood layouts, provided that the site plans thereof are first approved by the Planning Board.
B.
Where a lot is situated between two lots, each of which is developed with a principal building which projects forward of the established setback line and has been so maintained since the enactment of this Part 1, the minimum front yard requirement of such lot may be the average of the front yards of said adjoining lots.
D.
Where in a given block there is a pronounced uniformity in the alignment of existing buildings in which the front yard depths are greater than required in this Part 1, then any new building shall conform substantially to this established alignment.
F.
Where, in the event of the destruction of an existing building and in rebuilding in accordance with the building size requirements of this Part 1, the owner thereof cannot conform to the front yard requirements as set forth for vacant lots in Subsections B, C and D hereof by reason of lack of lot depth, such building may be rebuilt in its preexisting location.
G.
In the R-5 District, a lot existing on the effective date of this Subsection G which has the required lot area for the district in which it is located but lacks the required minimum lot width for such district is permitted to be used under the following conditions:
[Added 2-3-1998 by Ord. No. 1998-1; amended 9-1-1998 by Ord. No. 1998-9]
(1)
The principal use of such lot is for single-family dwelling purposes.
(2)
The minimum side yard requirement for such lot shall be reduced from the minimum side yard normally required for the zoning district by the same ratio that the lot width of such lot bears to the minimum lot width normally required for the zoning district; provided, however, that the combined side yards of such lot shall equal at least 40% of the lot width of such lot and no single side yard shall be less than 25 feet.
H.
In the R-5 District, a lot existing on the effective date of this Subsection H which has the required lot area for the district in which it is located but lacks the required minimum lot depth for such district is permitted to be used under the following conditions:
[Added 2-3-1998 by Ord. No. 1998-1; amended 9-1-1998 by Ord. No. 1998-9]
(1)
The principal use of such lot is for single-family dwelling purposes.
(2)
The minimum rear yard requirement for such lot shall be reduced from the minimum rear yard normally required for the zoning district by the same ratio that the lot depth of such lot bears to the minimum lot depth normally required for the zoning district; provided, however, that the rear yard shall be at least 25 feet.
§ 100-111 Lots fronting on driftways.
[Amended 5-3-1977; 9-3-1985 by Ord. No. 85-7; 12-23-1986 by Ord. No. 86-16; 9-1-1998 by Ord. No. 1998-9; 6-8-2005 by Ord. No. 2005-8]
In the R-1 and R-5 Residential Districts, a lot whose principal use is for single-family dwelling purposes is permitted without frontage on a street as defined herein under the following conditions:
A.
Such lot has frontage on a driftway, and such frontage shall be at least 500 contiguous feet in length. The driftway upon which such lot has frontage shall be, between such lot and the public road, such as meets the standards set forth in § 100-161, Lots on driftways, of Chapter 100, Part 2, Development Regulations, of the Code of the Township of Holland, as amended. Such lot shall also have a lot area, exclusive of any area in the driftway, of at least five acres.
B.
Except for the requirement of frontage on a street and as stated in Subsection A above, such lot shall meet all other requirements of the zoning district in which it is situated.
C.
Inasmuch as N.J.S.A. 40:55D-35 prohibits the issuance of a permit for the erection of any building or structure on a lot which does not abut a street giving access to the proposed building or structure, prior to the issuance of any permit for the erection of any building or structure on such lot, necessary action pursuant to N.J.S.A. 40:55D-36 directing the issuance of such permit shall have been taken. [The necessary action spelled out by N.J.S.A. 40:55D-36 is a determination by the appropriate municipal agency (Board of Adjustment or Planning Board) after an appeal procedure to that Board, that a permit required for erecting a building or structure can be issued. This determination is permitted under N.J.S.A. 40:55D-36 only under certain exceptional circumstances and subject to conditions relating to access for emergency vehicles and to protection of future street layouts.]
§ 100-112 Accessory sheds.
[Amended 9-5-1978; 5-5-1982 by Ord. No. 82-8; 9-3-1985 by Ord. No. 85-7; 6-21-1988 by Ord. No. 1988-7; 6-5-2001 by Ord. No. 2001-4]
Notwithstanding the yard requirements of this Part 1, on a lot principally used for single-family dwelling purposes, an accessory shed (not used to store or house automobiles, trucks or similar motor vehicles), whose maximum gross floor area is 150 square feet, may be located in any required side or rear yard on the lot, provided that it is located behind the rearmost line of the principal dwelling and at least 10 feet from the side or rear lot line.
§ 100-112.1 Temporary signs.
[Added 4-21-1993 by Ord. No. 1993-4; amended 12-30-2008 by Ord. No. 2008-24]
In addition to other signs permitted in this Part 1, one sign shall be permitted on any lot within the Township, except: i) on any lot which is vacant or unimproved; ii) anywhere within the MFR Multifamily Residential District; iii) anywhere within the PCD/PSV Planned Commercial Development/Planned Senior Village District; or iv) on any lot which is not principally used for residential purposes in the IND Limited Industrial Park District, in accordance with the following requirements:
A.
The sign shall:
[Amended 4-22-2009 by Ord. No. 2009-1A]
(1)
Advertise or give notice of a temporary event (such as a performance or fund-raising event) conducted by a nonprofit association or group, in which case it shall not exceed 12 square feet in area per side with no more than two sides and shall be not over four feet in height. Such a sign may remain in place for not exceeding 14 consecutive days, no more than three of which days shall occur after the temporary event, whereupon it shall be removed by the owner or occupant of the lot; or
(2)
Advertise the business performing a service (such as lawn care or construction or repair) on the lot on which the sign is located, provided that such business shall not be one owned or partly owned by an owner or occupant of the lot on which the sign is located. Such sign shall not exceed four square feet in area per side with no more than two sides and shall be not over four feet in height. Such a sign may remain in place for not exceeding seven consecutive days, at least one of which shall be a day when such service is actually being performed on the lot, whereupon it shall be removed by the owner or occupant of the lot; or
(3)
Advertise a yard or garage sale conducted on the lot on which the sign is located, in which case it shall not exceed four square feet in area per side with no more than two sides and shall be not over four feet in height. Such a sign may remain in place no longer than a 48 consecutive hour period, which shall include the time period when such sale is conducted, whereupon it shall be removed by the owner or occupant of the lot.
B.
The sign shall not be of a type (such as a "for sale" sign) permitted for the lot under other provisions of this Part 1.
C.
The sign shall not be lighted or have any moving parts and shall not be placed so as to interfere with traffic safety.
D.
A sign permit shall be obtained from the Zoning Officer prior to the placing of any temporary sign permitted by this § 100-112.1, except that no permit shall be required as to a sign permitted by § 100-112.1A(3).
[Amended 4-22-2009 by Ord. No. 2009-1A]
§ 100-112.2 Findings for planned development.
[Added 9-1-1998 by Ord. No. 1998-9; amended 11-21-2000 by Ord. No. 2000-5]
In any instance where planned development is permitted by this Part 1 (of Chapter 100), such as in the MFR or PCD/PSV Districts, or in the case of residential cluster development in the R-5 District, the approving authority shall, before approving such planned development, find the facts and make the conclusions with respect to the proposed planned development as required by N.J.S.A. 40:55D-45.
§ 100-113 Continuation of existing uses.
[Amended 4-21-1993 by Ord. No. 1993-4]
Nonconforming uses and structures may be continued, restored or repaired as provided by state law (N.J.S.A. 40:55D-68).
§ 100-114 Expansion of use; reduction of lot.
A.
No nonconforming structure shall be enlarged, expanded, extended or increased in size in any way so as to be larger or bigger or more extensive than it was at the time of the adoption of this Part 1.
§ 100-115 Conversion of use.
Any nonconforming structure or use which has been changed to a conforming structure or use shall not be changed back again to a nonconforming use, and any nonconforming structure or use which has been abandoned or discontinued shall not be resumed.
§ 100-116 Changes in boundaries.
Whenever boundaries of a district shall be changed so as to transfer an area from one district to another district or different classification, the provisions of this article shall also apply to any nonconforming uses existing therein or created thereby.
§ 100-117 Enforcement.
[Amended 3-6-1979]
The provisions of this Part 1 shall be enforced by the Zoning Officer, who shall be appointed by the Township Committee for a one-year term.
§ 100-118 Zoning permit.
[Amended 9-4-1979; 9-6-2005 by Ord. No. 2005-11; 3-16-2010 by Ord. No. 2010-6; 12-5-2023 by Ord. No. 2023-16]
A.
Prior to any change in the use of any land or structure or expansion of existing use of land or expansion of a structure or construction of an additional structure, where the changed or expanded use, or expansion or construction of a structure, is affected by the requirements of this Part 1, the owner or his authorized agent shall apply for a zoning permit, unless a site plan or subdivision approval or variance has been finally granted by the applicable approving authority and the proposed changed or expanded use, or expansion of the structure or construction of the additional structure, has been approved along with or as part of the site plan, subdivision or variance so granted. For land or structures located within the Flood Hazard District, an elevation certificate and completed floodplain development permit application pursuant to Chapter 100, Article XII, of the Township Code.
B.
The application for a zoning permit shall be on forms to be supplied by the Zoning Officer and shall contain such information, sketches, plans and data as may be required by regulations of the Planning Board which would be applicable to determine that said use or structure complies with the requirements of this Part 1 and the Township’s Floodplain Management Regulations (Chapter 100, Article XII, of the Township Code), and no zoning permit shall be issued unless and until the Zoning Officer has determined that said change or expansion in use or expansion of structure or construction of additional structure complies with said requirements. The fee for said zoning permit will be as established in Chapter 83, Fees. Also, prior to the issuance of any zoning permit, the Zoning Officer shall be presented by the applicant with a certificate from the appropriate Township official that no real estate taxes or assessments for local improvements are delinquent as to any lot or lots involved in the application for the zoning permit.
C.
Any change in use of land or structure, or expansion of a structure or construction of any additional structure for which a zoning permit has been issued, shall be accomplished in accordance with such permit and the requirements of said Part 1, and with the provisions of any applicable industrial use permit theretofore granted.
§ 100-119 Certificate of occupancy. [1]
[Amended 12-5-2023 by Ord. No. 2023-16]
It shall be unlawful to use or permit the use of any land or structure, the use of which has been changed in such manner as to require the issuance of a zoning permit, industrial use permit, floodplain development permit, or special exception use permit hereunder, and it shall be unlawful to use any building hereinafter located, relocated, erected, constructed, reconstructed, enlarged or structurally altered so as to require the issuance of a building permit, until a certificate of occupancy shall have been issued therefor by the Construction Official. Such certificate of occupancy shall be issued by the Construction Official if said land or structure, so changed in use or building so located, relocated, erected, constructed, enlarged or structurally altered, as the case may be, conforms with all the requirements of this Part 1, Part 2, Development Regulations, and applicable provisions of the New Jersey State Uniform Construction Code. Such certificate of occupancy shall be issued or denied by the Construction Official within 10 days of application for it.
§ 100-120 Sign permit.
[Amended 12-30-2008 by Ord. No. 2008-24]
No sign shall hereafter be erected or altered unless such sign conforms to the requirements of this Part 1. Prior to erecting or altering any sign of the nature permitted by § 100-112.1A, a sign permit shall be applied for and obtained from the Zoning Officer. No more than three sign permits for a sign permitted by § 100-112.1A(2) and (3) shall be issued for the same lot within any 12 consecutive month time period.
§ 100-120.1 Home occupation permit.
[Added 12-19-1989 by Ord. No. 1989-13]
Prior to using any lot for a home occupation, a home occupation permit shall be issued for such occupation by the Zoning Officer. Such permit shall be issued by the Zoning Officer if he determines that the proposed home occupation complies with the requirements of this Code. An application by the owner or his authorized agent shall be made to the Zoning Officer for such permit on such forms as the Zoning Officer shall designate, and any fee for such permit, required by this Code, shall be paid by the applicant.
§ 100-121 Violations and penalties.
Any person, firm or corporation violating any provision of this Part 1 shall be punished by a fine of not exceeding $500 or by imprisonment in the county jail for not exceeding 30 days, or both, and each day that any such violation continued shall constitute a separate offense.