Unless otherwise noted, the district boundary lines are intended generally to follow the center lines of streets; the center lines of railroad rights-of-way; existing lot lines; the high water mark of rivers; streams and other waterways; and municipal boundary lines. However, where a district boundary line does not follow such line, its position shall be shown on the Zoning Map and Tax Map by a specific dimension expressing its distance in feet from a street line or other boundary line as indicated.

In the event a district boundary line divides one or more lots, then the zone boundary line shall be considered the lot limit for computing all area, bulk, yard, buffer and any other dimension requirements specified in this article, unless a zone district boundary line falls within 20 feet of a lot line existing at the time of passage of this chapter, then the lot line shall be considered the zone boundary line.

In cases of uncertainty or disagreement as to the true location of any district boundary line, the determination shall be made by the Board of Adjustment.

No building or structure shall be erected and no existing building or structure shall be moved, altered, added to or enlarged, nor shall any land or building be designed, used or intended to be used, for any purpose or in any manner other than as specified among the uses listed as permitted, accessory or conditional in the district in which such building or land is located.

No building or structure shall be erected, reconstructed or structurally altered to exceed in height the limit designated for the district in which such building or structure is located.

No building or structure shall be erected, no existing buildings or structures shall be altered, enlarged or rebuilt, nor shall any open space surrounding any building be encroached upon or reduced in any manner, except in conformity to the yard, lot area and building location regulations hereinafter designated for the district in which such building or open space is located.

No yard or other open space provided for any building for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or other open space for any other building on any other lot.

No land in a residential zone shall be used to fulfill open space, minimum area, minimum yard and setback requirements, parking or other similar requirements for uses in nonresidential zones.

The area or dimension of any lot, yard, parking area or other space shall not be reduced to less than the minimum required by this chapter; and, if already less than the minimum required by this chapter, the area or dimension shall not be further reduced.

The maximum floor area ratio or impervious surface coverage set forth in Schedule I[1] shall not be exceeded or, if already more than the maximum, shall not be further increased.

All single-family residences shall have a minimum width of 22 feet, be located on a permanent foundation and be constructed on land the title to which is held by the single-family lot owner.

Nonconforming vacant lot. Notwithstanding any of the requirements contained in this chapter, an owner of a vacant lot of 30,000 square feet or more in a residential zoning district may construct on that lot a single-family dwelling, provided that the minimum front, side and rear yard setbacks for the zoning district in which the lot is located are satisfied.

Lot width. On regularly shaped lots, the minimum lot width of any lot shall be measured at the front property line and required front yard setback line as required for the zone in which it is located and shall be maintained for a distance of not less than 40 feet to the rear of the required front yard setback line. Where lots front on turnarounds at the end (but not at intermediate points) of culs-de-sac or on curves with a radius of less than 300 feet, the minimum lot frontage measured along the arc of the right-of-way line is 50% of the frontage required in the zone, and the front yard setback line shall be placed where the lot achieves the full lot width required for regularly shaped lots in the zone.

Corner lots. The required front yard shall be maintained on both streets.

Through lots. Both street frontages of a through lot shall be subject to the front yard requirements of the zone where located. Where a lot is bounded on three or more sides by roads, the side opposite the front yard shall also be considered a front yard and the minimum front yard setback shall be maintained. The remaining frontage shall be considered a side yard but the front yard setback for the zone shall also be maintained for the side road.

Number of buildings restricted. There shall not be more than one principal structure constructed on each lot, except as otherwise provided herein, in any residential zoning district, except that farms may have as many farm structures as needed.

Frontage dedicated for road widening purposes shall be considered as part of the lot area for minimum area requirements.

Building lot to abut street. No permit for the erection of any building or structure shall be issued unless the lot abuts a street giving access to such proposed building or structure. Such street shall have been duly placed on the Official Map or shall be an existing state, county or municipal street or highway; or a street shown upon a plat approved by the Planning Board; or a street on a plat duly filed in the office of the County Recording Officer prior to the passage of an ordinance under this act or any prior law which required prior approval of plats by the governing body or other authorized body. Before any such permit shall be issued, such street shall have been certified to be suitably improved to the satisfaction of the governing body, or such suitable improvement shall have been assured by means of a performance guarantee, in accordance with standards and specifications for road improvements approved by the governing body, as adequate in respect to the public health, safety and general welfare of the special circumstance of the particular street; and it shall have been established that the proposed access conforms with the standards of the State Highway Access Management Code adopted by the Commissioner of Transportation under Section 3 of the State Highway Access Management Act of 1989, P.L. 1989, c. 32 (N.J.S.A. 27:7-89 et seq.), in the case of a state highway, with the standards of any access management code adopted by the county under N.J.S.A. 27:16-1 in the case of county road or highway, and with the standards or any municipal access management code adopted under N.J.S.A. 40:67-1 in the case of the municipal street or highway.

New zone lots.

Flag lots.

Number of residential lots on a cul-de-sac. The maximum number of residential lots permitted on a cul-de-sac is 12.

Nonconforming developed lot. Any nonconforming lot located in a residential zone on which a single-family dwelling is located may have additions to the dwelling, and may have accessory buildings or structures added, provided that the proposed addition or accessory building or structure conforms with the use, area and yard requirements of the zone in which the lot was formerly located.

General application. No building or structure shall have a greater number of stories or greater height than permitted in the zone where such building or structure is located.

Permitted exceptions.

Required yards shall be open to the sky and unobstructed.

Where any lot abuts a street right-of-way which is proposed to be widened as indicated on the Master Plan or Official Map of the Township, or Master Plan of Hunterdon County, or by the State of New Jersey, setbacks shall be measured from such proposed right-of-way.

No structure or improvement shall be built closer to the mean high water mark of a stream or watercourse than 10 feet plus three feet for each foot of stream width or 10 feet from the high water mark of an established floodplain, whichever is greater. Stream setbacks may be included in any front, rear or side yard requirements.

Front yard setbacks shall be measured from the right-of-way line on any road instead of the property line.[5]

The following standards shall apply to all new residential lots created through subdivision with slopes in excess of 15% and 25% respectively:

Notwithstanding the above, any existing residential lot of record at the time of passage of this section shall be exempt from the above provisions, unless and until an application for subdivision of that lot is made. The following standards shall apply to existing lots of record which will necessitate the construction of a residence or any required improvements on slopes greater than 15%:

The proposed development shall comply with the area and yard requirements of the zoning district in which it is located, except as modified below.

Off-street parking shall not be located in the required front yard setback.

In the B-2 Zone, off-street parking shall maintain a setback of 10 feet to rear and side lot lines. In the I Zone, off-street parking shall maintain a setback of 20 feet to rear and side lot lines.

Where the proposed use in the B-2 Zone abuts a residential zone on the side or rear, a minimum landscaped buffer of 30 feet shall be maintained. Where the proposed use in the I Zone abuts a residential zone on the side or rear, a minimum landscaped buffer of 50 feet shall be maintained. The landscaped buffer shall consist of staggered rows of evergreens at least six feet high at planting.

No repair work shall be conducted on such parking area, and any washing of commercial vehicles shall meet all applicable health and safety regulations.

Off-street parking areas shall not be used for the parking or storage of vehicles placarded to carry ultra-hazardous materials/substances or hazardous materials/substances when such placards are affixed.

Off-street parking areas may require paving and curbing if drainage would be affected, as determined by the Planning Board on the recommendation of the Planning Board Engineer.

Off-street parking areas shall be lighted to provide a minimum average illumination of 0.5 footcandle throughout the parking area. Such lighting shall be shielded and shall not be a hazard or nuisance to adjoining properties or the traveling public. Light fixtures shall not be higher than 16 feet above grade. The Board, as part of site plan approval, may fix the hours of operation of any lights.

Off-street parking areas shall be effectively screened by a berm, fence or wall not less than four feet nor more than seven feet in height, maintained in good condition; provided, however, that a screening hedge or other natural landscaping may be substituted for the required berm, fence or wall as approved by the Board. The berm, fence or wall required by this subsection may be waived by the Board if, in its judgment, because of topographic or other unusual conditions, the berm, fence or wall is not necessary to protect adjoining property.

Off-street parking areas, as permitted by this section, shall not be located on a parcel which includes a gasoline service station.

Except as otherwise specifically provided in this chapter, no accessory structures shall be located in any required side, front or rear yard.

In the R-15 Zone, accessory structures may be erected in the rear yard not closer than 10 feet to the side lot line and 20 feet to the rear lot line.

No portion of any accessory structure shall be used for human habitation.

When an accessory structure is attached to the principal building it shall be considered as a part of the principal building and it shall comply in all respects with the requirements of this chapter applicable to the principal structure.

Accessory structures shall be included in meeting the maximum impervious surface requirements in Schedule I.[1]

Not more than two accessory buildings shall be permitted on any lot of 1.5 acres or less, and not more than three accessory buildings shall be permitted on any lot of more than 1.5 acres.

Structures on farms used for housing of farm animals shall be located no closer than 100 feet to any property line or 200 feet to any residence on adjacent property whichever imposes the greater restriction, except that no such structure need be further than 50 feet from the nearest right-of-way line of an existing road. Structures on farms used for housing farm animals before November 1, 1989, and in continued use for farm animals shall be exempt from this setback provision.

The use shall be erected on the same lot as the principal structure and shall require a construction permit.

The use may be erected in the side and/or rear yard and shall be not less than 50 feet from any lot line.

The use shall be appropriately screened so as not to adversely affect adjoining properties and fenced in accordance with the Uniform Construction Code.

Lighting which extends the hours of operation, other than in-pool lights, shall be prohibited.

In the case of swimming pools, all measurements shall be from the pool apron, and provision for drainage shall be approved as part of the construction permit.

No fence, wall or landscaping or hedges used as a fence or wall shall be so constructed or installed so as to constitute a hazard to traffic or safety.

Security fences shall be permitted in connection with any business or industry upon proper application to the Construction Official.

Solar energy facilities.

Outdoor wood-burning furnaces/boilers.

Small wind energy systems.

Home occupations that conform to the following standards shall not require minor site plan approval but shall be reviewed by the Zoning Officer for compliance:

Home occupations in this category are exempt from Planning Board review, and may be authorized by the Zoning Officer. The Zoning Officer shall report to the Planning Board, at its first meeting of the month, all authorizations for this category of home occupations granted or denied during the previous month, together with a copy of the checklist for each application.

Exempt home occupations are a permitted accessory use in all residential zones, provided they do not require or involve the following:

Exempt home occupations are exempt from Planning Board review and may be authorized by the Zoning Officer upon filing of a checklist for exempt home occupations. The Zoning Officer shall report to the Planning Board, at its first meeting of the month, all authorizations for exempt home occupations granted or denied during the previous month, together with a copy of the checklist for each application.

Animal farms.

Camps, private country clubs and private recreation facilities.

Commercial recreation facilities.

Drive-in uses.

Essential service buildings.

Home occupations.

Improved nonconforming lots.

Institutional and public uses.

Kennels.

Nursing homes.

Residential uses in nonresidential zones.

Roadside stands, integrated.

Supplementary apartments.

Residential use in commercial or industrial buildings in business or industrial zones.

Roadside stands, commercial.

Off-street parking in Industrial Zones.

Nameplate and identification signs. Signs indicating the name or address of the occupant, provided they shall be no larger than 20 inches by 30 inches. A home occupation may be included with the name of the occupant. Only one sign per dwelling unit is permitted.

Sales or rental signs. Signs advertising the sale or rental of the premises upon which they are located may be permitted, provided that:

Institutional signs. Signs of schools, colleges, churches or other institutions of a similar public or semipublic nature may be erected and maintained, provided:

Any sign attached to the building shall have a maximum area of 30 square feet or 5% of the building facade, whichever is smaller. If more than one sign is affixed to the building, the aggregate sign area shall not exceed 30 square feet or 5% of the building facade, whichever is smaller.

One freestanding sign shall be permitted with a maximum area of 30 square feet and a maximum height of 15 feet.

Signs shall be limited to advertising pertaining to the premises on which they are located.

No billboards are permitted.

Flashing or rotating signs are prohibited.

Signs, other than official traffic or direction signs, shall not be erected within or project into the right-of-way of any street or shall be erected in such a manner as to interfere with sight distances or constitute a traffic hazard.

A permit shall be required for the erection, alteration, or reconstruction of any advertising sign.

Farm signs on farms shall not exceed 12 square feet in area, and one such sign may be erected on each road frontage.

Election, special election or referendum signs. Signs containing political advertising may be erected not more than four weeks prior to an election, and shall be removed within 48 hours after the completion of the event. Such signs shall not exceed four square feet on a side.

Land development signs. Signs advertising the sale of property or structures in developments of two or more lots and signs advertising the opening or construction of a new business shall be permitted for a period up to three months, or until the signing of the contract or transaction of sale or lease of the last lot or structure in the development. Such signs shall not exceed six square feet on a side, and only one such sign shall be permitted per lot or tract.

"For sale" and "for rent" signs. One temporary sign shall be permitted per lot. The sign may identify, by name and telephone number, the owner or the New Jersey licensed real estate broker, if any, given the right to sell or lease the property. The following additional criteria shall apply:

Signs for public and charitable purposes. Nonprofit organizations may display no more than one sign per event for each road upon which the site has frontage, which may be placed on site no earlier than two weeks before and must be removed within 48 hours after the event. A permit shall be obtained from the Township Zoning Officer. Such sign shall not exceed 32 square feet.

Window signs. Business establishments shall be permitted temporary signs displayed in windows for the advertising of community events and for the advertising and promotion of special services and goods available on the premises. Such signs shall not be placed on doors and may only be located on the interior of the windows. The total sign coverage shall not exceed 20% of the business's interior window area. Temporary window signs may be posted for no longer than 60 days, provided the date of posting is shown on the sign.

Temporary signs identifying architects, builders, realtors and contractors on premises. Only one sign per contractor is permitted for a period not exceeding the time required for such construction to be completed, and such sign shall be removed within 48 hours after the work is completed. Such sign shall not exceed four square feet.

Signs painted on exterior walls of any structure.

Signs higher than 10 feet.

Signs which may impede, interfere with or distract from the operation of any traffic control device.

Signs which include any flashing, blinking, rotating or moving parts, or neon sign, or signs containing reflective enhancing materials.

Signs erected or placed upon the top or roof of any building.

Signs, except "no trespassing" signs, mounted, erected or maintained on a utility pole, tree, in a public right-of-way or on a water tower, standpipe, tower, or other similar structure not specifically constructed to support a permitted sign.

The use of pennants, streamers, balloons, windmills, or other moving devices, searchlights, banners or flashing or animated signs is prohibited, except that a banner advertising the opening of a new business establishment may be permitted for up to two weeks from the date of opening. All flags must be displayed so that they do not impede the flow of pedestrian traffic.

Signs extending more than three inches from the surface of a wall but less than eight feet from the ground level below the sign.

Signs, illustrations or symbols shall not be placed so as to interfere with the opening of an exit door of any building, to interfere with the use of any fire escape, or to create a hazard to pedestrians.

Trailers or vehicles whose main use is the display of signs are prohibited.

Changeable information signs.

Any sign which impedes the flow of pedestrian traffic.

Any sign which is not securely attached to a building or securely implanted into the ground.

Internally luminated signs.

Use of irrigation pumps and equipment, aerial and ground seeding and spraying, tractors and other equipment.

Use of necessary farm laborers.

The application of chemical fertilizers, insecticides and herbicides, and the application of manure.

The grazing of animals and use of range for fowl, subject to the standards and regulations for intensive fowl and livestock use.

Construction of fences for these animals and livestock.

The traveling and transportation of large, slow-moving equipment over roads within the Township.

The control of vermin and pests, provided that such control is practiced under applicable state fish and game laws.

The on-site disposal of organic agricultural wastes.

Protect residential areas and land uses from the potential adverse impacts of towers and antennas;

Encourage the location of towers in nonresidential areas and along major transportation corridors;

Minimize the total number of towers throughout the community;

Strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers;

Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;

Encourage users of towers and antennas to configure 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;

Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently;

Consider the public health and safety of communications towers;

Avoid potential damage to adjacent properties from tower failure through proper engineering and careful siting of tower structures; and

Ensure through proper siting and design that towers and antennas do not cause electromagnetic interference for surrounding property owners.

Notwithstanding anything in this Chapter 400 to the contrary, the installation of wireless telecommunications antennas on existing structures, consistent with the visual compatibility requirements of Subsection C below, shall be a permitted use in all nonresidential zone districts and a conditional use in all residential zone districts of the Township. When proposed as a conditional use, the applicant shall meet the standards of Subsection D.

Notwithstanding anything in this Chapter 400 to the contrary, wireless telecommunications towers consistent with the provisions of Subsection C(1), (2) and (3), and Subsection D, shall be a conditional use within all zone districts of the Township.

Notwithstanding anything in this Chapter 400 to the contrary, no new wireless telecommunications tower shall be permitted unless the applicant demonstrates with convincing clarity to the Planning Board that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's need for a proposed antenna. Costs of alternative technology that exceed new wireless telecommunications tower or wireless telecommunications antenna development shall not be presumed to render any alternative technology unsuitable or unavailable.

Wireless telecommunications antennas on existing structures or buildings and wireless telecommunications towers shall be designed, located and screened to blend with and into the existing natural or built surroundings so as to eliminate, to the maximum extent practicable and without regard to cost, adverse visual impacts through the use of color and camouflaging, architectural treatment, landscaping, and other appropriate means which shall cause the visual impact of such antennas and towers to be compatible with neighboring residences and the character of the community as a whole.

Wireless telecommunications antennas on existing structures or buildings and wireless telecommunications towers shall be placed to ensure that historic districts, historically significant viewscapes, streetscapes, and landscapes are not visually impaired and are protected against any visual impairment from wireless telecommunications facilities. The views of and vistas from architecturally and/or significant structures shall not be impaired or diminished by the placement of telecommunications facilities.

The wireless telecommunications equipment compound shall be located to avoid being visually solitary or prominent when viewed from residential areas and the public way.

The wireless telecommunications equipment compound shall be enclosed within a solid wooden fence at least seven feet and no more than eight feet high, as approved by the Township Engineer, which shall include a locking security gate. The height of the equipment building shall not exceed 12 feet.

A wireless telecommunications equipment compound consisting of no more than 1,500 square feet may be erected in support of wireless telecommunications antenna but only if:

An applicant desiring to construct wireless telecommunications antennas in residential zones or towers in any zone shall demonstrate to the satisfaction of the Planning Board, through the presentation and introduction of documentary and parole evidence, each of the following:

Minimum lot size: as required by the zone district in which located, or two acres, whichever is larger.

Minimum setback of wireless telecommunications tower from:

Minimum setback for equipment compound from any property line: the zone district setback requirements for a principal building.

Maximum height of wireless telecommunications tower (exclusive of lightning rod) designed to accommodate:

Maximum height of attached antenna: 10 feet beyond the edge of the building or structure on which attached.

All site plan details required by § 400-30 shall be provided and shall include the site boundaries; tower location; existing and proposed structures, including accessory structures; existing and proposed ground-mounted equipment; vehicular parking and access; and uses, structures, and land use designations on the site and abutting parcels.

A landscape plan drawn to scale showing proposed landscaping, including species type, size, spacing, other landscape features, and existing vegetation to be retained, removed or replaced.

A report from a qualified expert certifying that the wireless telecommunications tower and equipment facility comply with the latest structural and wind loading requirements as set forth in the Building Officials and Code Administrators (BOCA) International, Inc. Code; or the Electronic Industries Association/Telecommunications Industries Association (EIA/TIA) 222 Revision F Standard, entitled "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures" (or equivalent), as it may be updated or amended; or such other code as may apply to these facilities, including a description of the number and type of antennas it is designed to accommodate.

A binding, irrevocable letter of commitment by the applicant to lease excess space on the tower to other potential users at prevailing market rates and conditions. The letter of commitment shall be recorded prior to issuance of a building permit. The letter shall commit and be binding upon the tower owner and successors in interest.

Elevations of the proposed tower and accessory building generally depicting all proposed antennas, platforms, finish materials, and all other accessory equipment.

A copy of the lease or deed for the property.

A plan which shall reference all existing wireless telecommunications facilities in the Township, any such facilities in the abutting towns which provide service to areas within Lebanon Township, and any changes proposed within the following twelve-month period, including plans for new locations and the discontinuance or relocation of existing facilities.

Perspectives of the proposed tower at the proposed location from several sides from distances of 1,000 feet, 1/2 mile and one mile drawn to an appropriate scale.

The wireless telecommunications tower shall be designed and constructed so as to accommodate at least three antenna arrays of separate telecommunication providers (the applicant's plus two collocators).

Signs shall not be permitted except for a sign displaying owner contact information, warnings, equipment information, and safety instructions. Such sign shall not exceed two square feet in area. No commercial advertising shall be permitted on any wireless telecommunications facility.

No lighting is permitted except as follows:

Wireless telecommunications antennas and towers shall be maintained to assure their continued structural integrity, and shall be inspected at least once a year by the owner or operator. The results of the inspection shall be filed with the Construction Code Official. The owner of the tower or antenna shall also perform such other maintenance of the structure and of the site as to assure that it does not create a visual nuisance.

Wireless telecommunications towers shall be of a color appropriate to the tower's locational context and to make it as unobtrusive as possible, unless otherwise required by the Federal Aviation Administration (FAA).

Wireless telecommunications facilities shall be surrounded by security features such as a fence. All towers shall be designed with anti-climbing devices in order to prevent unauthorized access. Additional safety devices shall be permitted or required, as needed, and as approved by the approving authority.

Any proposed new telecommunications tower shall be a monopole unless the applicant can demonstrate that a different type pole is necessary for the collocation of additional antennas on the tower. Such towers may employ camouflage technology.

No equipment shall be operated so as to produce noise in excess of the limits set by N.J.A.C. 7:29-1.1 et seq., except for in emergency situations requiring the use of a backup generator.

Wireless telecommunications towers and antennas shall be constructed to the Electronic Industries Association/Telecommunications Industries Association (EIA/TIA) 222 Revision F Standard entitled "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures" (or equivalent), as it may be updated or amended.

The proposed tower and antenna shall not produce electromagnetic interference affecting surrounding property owners, and the tower owner shall remedy any problems that can be shown to be caused by the tower or antenna, in accordance with applicable FCC regulations.

Whenever antennas are modified, operators of wireless telecommunications facilities shall provide to Lebanon Township a report from a qualified expert certifying that a wireless telecommunications tower or building or other support structure as modified complies with the latest structural and wind loading requirements as set forth in the Building Officials and Code Administrators (BOCA) International, Inc. Code and the EIA/TIA Standard referenced above. Such modifications shall be subject to site plan review and approval.

Operators of wireless telecommunications facilities shall notify Lebanon Township when the use of such antennas and equipment is discontinued. Facilities that are not in use for wireless telecommunications purposes for six months shall be removed by the provider at its cost. This removal shall occur within 90 days of the end of such six-month period. Upon removal, the site shall be cleared, restored, and revegetated to blend with the existing surrounding vegetation at the time of abandonment. The facility owner shall post a bond to cover the costs of tower removal and site restoration. The amount of the bond shall take into consideration cost escalations.

"Family day-care home" means 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, N.J.S.A. 30:5B-16 et seq.

Family day-care homes shall be a permitted use in all residential districts, and the requirements for family day-care homes shall be the same as for single-family dwelling units located within such residential districts. Any deed restriction that would prohibit the use of a single-family dwelling unit as a family day-care home shall not be enforceable unless that restriction is necessary for the preservation of the health, safety and welfare of the other residents in the neighborhood. In condominiums, cooperatives and horizontal property regimes, deed restrictions or bylaws may prohibit family day-care homes from being a permitted use, but in such a case, the condominium association, cooperative association or council of co-owners shall demonstrate, on a case-by-case basis, that the prohibition is reasonably related to the health, safety and welfare of the residents, with the exception of condominiums or cooperatives that are primarily for retirees or elderly persons.

Any parking requirement otherwise applicable to that number of units or amount of floor space; and

The permitted density allowable for that building or structure.

The maximum density of units per gross acre of land shall be one unit per 7.5 acres. In addition, the open lands development plan shall not result in a greater dwelling unit density than if the property in question were developed as a conventional subdivision. In order to determine the maximum number of lots for an open lands subdivision, a concept plan of a conventional subdivision shall be submitted. The concept plan shall be in sufficient detail to permit the Planning Board to make an informed decision as to the subdivision satisfying all ordinance requirements and in a form that would be acceptable to the Planning Board as a conventional subdivision without the need for any lot area or lot dimension variances or exceptions to subdivision design standards. The number of lots on the concept plan shall be the maximum number of lots permitted under an open lands subdivision.

At least 65% of the tract shall be designated as "open lands" and shall, as a condition of approval of the development, be deed restricted for agricultural or conservation use. Lots qualifying as open lands shall be permitted a primary residence and other accessory buildings and conditional uses as provided in this chapter.

At least 60% of designated open lands shall be some combination of unconstrained land area, or prime soils or soils of statewide importance, or prime forested area.

The minimum lot size shall be two acres for the non-open lands residential lots created within the subdivision, with minimum front and rear yard setbacks of 50 feet, minimum side yard setbacks of 25 feet, and minimum lot frontage and width of 200 feet, in accordance with the standards for the R-1 1/2 Zone in Schedule I.

For tracts of 100 acres or less, the open lands shall be contained in one deed-restricted contiguous parcel; for tracts greater than 100 acres, the open lands may be composed of noncontiguous parcels, provided that each open lands area shall contain at least 50 contiguous acres. When noncontiguous parcels of at least 50 acres are provided, each parcel may have a residence, provided that the total density is not exceeded.

All lots created under this subdivision option shall be deed restricted against further subdivision for the purpose of creating an additional lot or lots.

The design of the development utilizing this option shall foster the following objectives: retention of large contiguous farmland areas; retention of large contiguous prime forested areas; stream corridor and wetlands preservation; steep slope protection; overall site design; reduction of impervious coverage; traffic circulation; and sensitivity to the site's natural features, topography and relationship to open lands on neighboring parcels.

The design of the development shall include a two-hundred-foot buffer along existing roads, which shall either maintain existing woodlands or establish new forested areas for those areas that are disturbed during site development or are currently cleared. The intent of this provision is to maintain the scenic roadside views in the Township.

Development on hillsides shall be located at an appropriate point in the foreground to midground of the hill so that the development does not create a barrier visible from the existing road. Development on hillsides shall also comply with the steep slope regulations provided in § 400-8E.

The applicant is advised to submit a concept plan of the open lands subdivision for review and comment in accordance with this chapter.

The maximum density of units per gross acre of land shall be one unit per 7.5 acres. In addition, the cluster subdivision development plan shall not result in a greater dwelling unit density than if the property in question were developed as a conventional subdivision. In order to determine the maximum number of lots for a cluster subdivision, a concept plan of a conventional subdivision shall be submitted. The concept plan shall be in sufficient detail to permit the Planning Board to make an informed decision as to the subdivision satisfying all ordinance requirements and in a form that would be acceptable to the Planning Board as a conventional subdivision without the need for any lot area or lot dimension variances or exceptions to subdivision design standards. The number of lots on the concept plan shall be the maximum number of lots permitted under a cluster subdivision.

The minimum lot size shall be two acres, with minimum front and rear yard setbacks of 50 feet, minimum side yard setbacks of 25 feet, and minimum lot frontage and width of 200 feet, in accordance with the standards for the R-1 1/2 Zone in Schedule I.

The minimum open space shall be 65% of the total tract.

Areas reserved as permanent open space shall have a minimum contiguous area of not less than five acres and no portion thereof shall be less than 50 feet in width. At least 50% of the open space shall be uplands. The open space area(s) shall be contiguous to open space on adjoining parcels, where applicable, and shall include areas identified in the Township's open space and recreation or conservation plans, if any, including greenways.

The open space shall be reserved in perpetuity either by dedication for public use or for use by the residents of the development by private covenant or deed restriction for one of the following purposes:

The proposed development shall comply with the standards contained in Subsections B(7), (8) and (9).

Provision shall be made to ensure suitable maintenance of any area to be reserved by private covenant or deed restriction by the establishment of a property owners' association or other appropriate organization.

Nothing contained herein shall be construed to require the Planning Board to approve any subdivision employing clustering if said subdivision is in conflict with any provision of the Lebanon Township Master Plan or if said subdivision will, in any way, result in a land use pattern that will adversely affect that portion of the Township in which it lies.

The applicant is advised to submit a concept plan of the cluster subdivision for review and comment in accordance with this chapter.

The maximum density of units per gross acre of land shall be one unit per 7.5 acres. In addition, the lot averaging development plan shall not result in a greater dwelling unit density than if the property in question were developed as a conventional subdivision. In order to determine the maximum number of lots for a lot averaging subdivision, a concept plan of a conventional subdivision shall be submitted. The concept plan shall be in sufficient detail to permit the Planning Board to make an informed decision as to the subdivision satisfying all ordinance requirements and in a form that would be acceptable to the Planning Board as a conventional subdivision without the need for any lot area or lot dimension variances or exceptions to subdivision design standards. The number of lots on the concept plan shall be the maximum number of lots permitted under a lot averaging subdivision.

A lot averaging subdivision may be permitted when the applicant proposes a distribution of lot areas within the subdivision that results in at least 60% of the lots having a minimum lot area between two acres and 130,000 square feet, except in the case of a two-lot subdivision where the initial tract size is 15 acres or more, in which case one of the two lots shall be two acres to 130,000 square feet.

The yard requirements for all lots developed under this provision shall be front and rear yard setbacks of 50 feet and side yard setbacks of 25 feet, and the minimum lot frontage and width shall be 200 feet, in accordance with the standards for the R-1 1/2 Zone in Schedule I. Flag lots shall be permitted in accordance with the standards of § 400-8B(9), except for the minimum lot area standard.

The site design of lot averaging subdivisions should shift the more intensive development toward those lands that can best support the installation of the dwelling, well, septic system and associated site improvements. Similarly, lot averaging should seek to preserve those areas which exhibit sensitive environmental features (i.e., water bodies, floodplains, steep slopes, shallow or limestone bedrock, prime aquifer recharge areas, seasonal high water table, etc.) or which contain active or prime agricultural lands or prime forested areas.

The deed for any lot created by lot averaging shall contain a restriction against its further subdivision for the purpose of creating an additional lot or lots.

The applicant is advised to submit a concept plan of the lot averaging subdivision for review and comment in accordance with this chapter.

The maximum density of units per gross acre of land shall be one unit per five acres. In addition, the open lands development plan shall not result in a greater dwelling unit density than if the property in question were developed as a conventional subdivision. In order to determine the maximum number of lots for an open lands subdivision, a concept plan of a conventional subdivision shall be submitted. The concept plan shall be in sufficient detail to permit the Planning Board to make an informed decision as to the subdivision satisfying all ordinance requirements and in a form that would be acceptable to the Planning Board as a conventional subdivision without the need for any lot area or lot dimension variances or exceptions to subdivision design standards. The number of lots on the concept plan shall be the maximum number of lots permitted under an open lands subdivision.

At least 50% of the tract shall be designated as "open lands" and shall, as a condition of approval of the development, be deed restricted for agricultural or conservation use. Lots qualifying as open lands shall be permitted a primary residence and other accessory buildings and conditional uses as provided in this chapter.

At least 65% of designated open lands shall be some combination of unconstrained land area, or prime soils or soils of statewide importance, or prime forested area.

The minimum lot size shall be two acres for the non-open lands residential lots created within the subdivision, with minimum front and rear yard setbacks of 50 feet and minimum side yard setbacks of 25 feet, and minimum lot frontage and width of 200 feet, in accordance with the standards for the R-1 1/2 Zone in Schedule I.

For tracts of 100 acres or less, the open lands shall be contained in one deed-restricted contiguous parcel; for tracts greater than 100 acres, the open lands may be composed of noncontiguous parcels, provided that each open lands area shall contain at least 50 contiguous acres. When noncontiguous parcels of at least 50 acres are provided, each parcel may have a residence, provided that the total density is not exceeded.

All lots created under this subdivision option shall be deed restricted against further subdivision for the purpose of creating an additional lot or lots.

The proposed development shall comply with the standards contained in § 400-18B(7), (8) and (9).

The applicant is advised to submit a concept plan of the open lands subdivision for review and comment in accordance with this chapter.

The maximum density of units per gross acre of land shall be one unit per five acres. In addition, the lot averaging development plan shall not result in a greater dwelling unit density than if the property in question were developed as a conventional subdivision. In order to determine the maximum number of lots for a lot averaging subdivision, a concept plan of a conventional subdivision shall be submitted. The concept plan shall be in sufficient detail to permit the Planning Board to make an informed decision as to the subdivision satisfying all ordinance requirements and in a form that would be acceptable to the Planning Board as a conventional subdivision without the need for any lot area or lot dimension variances or exceptions to subdivision design standards. The number of lots on the concept plan shall be the maximum number of lots permitted under a lot averaging subdivision.

A lot averaging subdivision may be permitted when the applicant proposes a distribution of lot areas within the subdivision that results in at least 60% of the lots having a minimum lot area between two acres and 130,000 square feet, except in the case of a two-lot subdivision where the initial tract size is 10 acres or more, in which case one of the two lots shall be two acres to 130,000 square feet.

The minimum yard requirements for all lots developed under this provision shall be front and rear yard setbacks of 50 feet and side yard setbacks of 25 feet, and the minimum lot frontage and width shall be 200 feet, in accordance with the standards for the R-1 1/2 Zone in Schedule I. Flag lots shall be permitted in accordance with the standards of § 400-8B(9), except for the minimum lot area standard.

The site design of lot averaging subdivisions should shift the more intensive development toward those lands that can best support the installation of the dwelling, well, septic system and associated site improvements. Similarly, lot averaging should seek to preserve those areas which exhibit sensitive environmental features (i.e., water bodies, floodplains, steep slopes, shallow or limestone bedrock, prime aquifer recharge areas, seasonal high water table, etc.) or which contain active or prime agricultural lands or prime forested areas.

The deed for any lot created by lot averaging shall contain a restriction against its further subdivision for the purpose of creating an additional lot or lots.

The applicant is advised to submit a concept plan of the lot averaging subdivision for review and comment in accordance with this chapter.

Minimum lot area: 15 acres.

Minimum lot width: 450 feet.

Minimum lot depth: 550 feet.

Minimum front yard setback: 150 feet. For lots with frontage on two streets, the required front yard shall be maintained on both streets.

Minimum side yard setback: 75 feet.

Minimum rear yard setback: 100 feet.

Maximum height: 10 feet.

A grading and drainage plan shall be submitted under the seal of a licensed professional engineer and shall provide the details necessary to adequately demonstrate to the reviewing agency engineer that no stormwater runoff or natural water shall be so diverted as to overload existing drainage systems, increase stormwater runoff to adjacent properties, or create flooding or the need for additional drainage structures on other private properties or public lands.

Prior to issuance of a certificate of occupancy and/or placing the facility online, an asbuilt grading and drainage plan, prepared by a licensed professional surveyor, shall be submitted to the reviewing agency's engineer for review and approval. The plan shall show that the as-built conditions are substantially the same as those shown on the approved grading and drainage plan.

A solar facility impact statement shall be included with each application for a ground-mounted solar energy installation and shall identify any negative impacts associated with the proposed facility in relation to:

Measures proposed to mitigate or eliminate the negative impacts in Subsection L(1) above shall be described in detail, along with any associated costs.

A solar energy facility that is out of service for a continuous twelve-month period will be deemed to be abandoned. The Zoning Officer shall issue a notice of abandonment to the owner of a solar energy facility that is deemed to be abandoned. The notice shall be sent return receipt requested.

The property owner shall have 30 days to respond to the notice of abandonment from the receipt date of the notice.

If the property owner provides information that demonstrates the solar energy facility has not been abandoned, the Zoning Officer shall withdraw the notice of abandonment and notify the property owner that the notice has been withdrawn.

If the Zoning Officer determines the solar energy facility has been abandoned, the property owner shall remove the facility in its entirety at the owner's sole expense within three months after the owner receives the notice of abandonment.

If the property owner fails to remove the facility in the time allowed under Subsection M(4) above, then the Township may remove such system and place a lien on the property for the cost of the removal.

Restore the surface grade and soil after removal of aboveground structures and equipment.

Restore surface grade and soil.

Restore soil areas with native seed mixes and/or plant species suitable to the area, which shall not include any invasive species.

The plan may provide for the retention of access roads, fences, gates or buildings in place and/or may provide for restoration of agricultural crops or forest resource land.

If the property owner fails to remove the facility in accordance with the decommissioning plan, the Township may remove such. All costs incurred by the Township in connection with same shall be a first priority lien, enforceable pursuant to municipal tax lien statutes.