Within a radius of 1,000 feet of the property line of a public school or a duly organized school other than a public school, conducted for children.

Within a radius of 1,000 feet of the property line of a hospital maintained as a charitable institution, or a private hospital maintaining at least 15 beds for patients.

Within a radius of 1,000 feet of the property line of a church with a seating capacity for 100 persons or more.

Within a radius of 1,000 feet of the property line of a theater containing at least 100 seats.

Within a radius of 1,000 feet of the property line of any place of public assemblage with a seating capacity of 100 persons or more.

Within a radius of 1,000 feet of the property line of a public library.

Within a radius of 1,000 feet of the property line of any public playground or athletic field.

Within 1,000 feet of any other motor vehicle service station now existing in the Township.

Only those uses are permitted in which display, sales, servicing or processing takes place wholly within a building.

Local retail outlets of the following types: drug store; grocery store; delicatessen; restaurant; soda fountain; bakery; notion or variety store; barbershop or beauty shop; dry-cleaning agency; laundry, hand or self-service; shoe store or shoe repair shop; women's and children's apparel; haberdashery; tailor shop; confectionery; stationery store; cigar store; jewelry; meat market except live poultry; hardware; paint store.

Regional facilities of the following types: bank; supermarket; department store; household furnishing and accessories.

Professional or business offices.

Any retail operation of the same general character as determined by the Planning Board pursuant to a hearing. Notwithstanding the discretion conferred by this subsection, no use specifically prohibited or uses similar thereto shall be construed as permitted.

All uses which are objectionable by reason of odor, dust, smoke, noise, vibration or waterborne waste.

Auction marts, motor vehicle service stations and garages, automobile sales outlets and secondhand car sales, building and construction supply outlets, dwelling units except for a caretaker or watchman, live poultry markets, wholesale or storage establishments, funeral or undertaking establishments, dancing schools, bowling alleys, skating rinks, community centers, lodges and private halls.

Minimum width: 200 feet.

Minimum area: one acre.

Minimum depth: 150 feet.

Maximum coverage: 20%.

Maximum floor area ratio: 30%.

Maximum height of principal building to eave line: two stories or 30 feet.

Maximum height of accessory buildings to eave line; one story or 15 feet.

Yard requirements:

Off-street parking area shall be provided on the site in the ratio of one parking space for each 200 square feet of gross floor area. The only exception to the gross floor area shall be unfinished basement areas that are exclusively for storage, refrigeration and other building support functions and are not usable by employees or customers. The width of entrance and exit driveways shall not exceed 30 feet, and if more than one driveway is used, there shall be a distance of at least 125 feet between the center lines of each driveway. Entrance and exit drives to any use shall be maintained with a triangular area of unobstructed vision, formed by the intersection of the driveway line, the street line and a straight line joining the lines at a point 40 feet from their intersections. No parking, loading or unloading shall be permitted, nor shall any sign, fence, structure or shrubbery be over 2 1/2 feet in height within such triangular area. Off-street parking areas shall not encroach in any required front, side or rear yard area.

No building permit shall be issued until:

No certificate of occupancy shall be issued until all regulations and specifications of this chapter have been fully complied with.

Signs in accordance with § 280-152.

The name and address of the owner of the property. If the owner is a corporation, the names and addresses of all stockholders shall be listed. If the owner is a partnership or any other noncorporate entity, the disclosure shall list the names and addresses of all of the partners or participants in the partnership or noncorporate association.

If any applications have been submitted to any state or federal agencies, a copy of the applications, as well as any approvals by the state or federal agencies shall be submitted.

If any applications for funding have been submitted to any state or federal agencies, copies of the applications and any action of the funding agencies, shall be submitted.

Copies of any licenses that have been issued by any state or federal agency.

All procedural manuals or other documents related to the intended or actual operation of the facilities and other comparable facilities maintained by the owner/applicant.

All documents related to training and education of the on-site care providers, both residential and clinical staff members for the proposed facility.

All documents relating to emergency measures for patient failures to self-medicate and supervisor absences.

A detailed description of the screening and evaluation methodology utilized or to be utilized by any other patient source facility as well as by the owner of the property prior to a patient being accepted at the facility.

All documents relating to the protocol for checking and the number of clinician hours per patient per week, which were designed to ensure that self-medication is in fact occurring.

All documents reflecting the methodology for the review of documents, which will be relied upon by the facilities in selecting the intended residents, redacted to exclude patient's name and address.

All documents related to the protocol for determining failures at prior residential settings of intended residents in the Little Falls facility.

All documents related to the statistical breakdown by diagnosis of the inhabitants of the proposed facility, including whether any of the inhabitants have a history of prior diagnosis of substance abuse.

All documents related to the detailed admissions criteria for patients to be admitted to the facility.

All documents related to criteria for determining whether a resident of the facility should be removed.

All documents related to the recidivism rate for the person placed in the proposed community residence.

All documents reflecting the house rules for the facility.

All documents reflecting any proposed curfews at the facility.

A floor plan showing the existing room configuration in the existing structure, which shall delineate the length and width of each room as well as the present utilization; a floor plan showing any proposed changes in the existing room configuration as well as a designation of the use of each room. The disclosure shall relate to all floors of the existing building as well as the basement area and any attic areas if applicable.

A plot plan survey showing the subject lot as well as the location of all existing structures duly certified by a licensed surveyor. An indication of the zone class where the property is located shall be included.

A street address of the subject property and the lot and block designations.

If the intended use is placement of foster children in a single-family dwelling pursuant to N.J.S.A. 40:55D-66, there shall be a disclosure of the number of children proposed to be placed, the name of the school in which the children are enrolled or will be enrolled, the names, ages and relationship to one another of the persons who will live at the premises, and the names of the persons who are or will be the parents of the foster children; the name and address of the child-care placement agency and a copy of any documents reflecting the foster children placement; if the placement has been approved by the Division of Youth and Family Services, a copy of the papers reflecting the approval.

If it is intended to utilize the premises as a community residence for developmentally disabled and/or community shelters for victims of domestic violence pursuant to N.J.S.A. 40:55D-66.1, then the owner shall set forth the number of residence staff.

If it is intended to utilize the premises pursuant to N.J.S.A. 40:55D-66.1, an application for a conditional use, pursuant to the provisions of N.J.S.A. 40:55D-67, is required and the filing information under the terms of this section shall be accompanied by a conditional use application as required by law. Such application shall be in accordance with a conditional use conditions hereinafter provided in the within section.

If a conditional use application is contemplated, the owner of the property shall indicate whether the property is located within 1,500 feet of an existing comparable residence or shelter.

The applicant shall disclose the number of proposed persons in the facility; however, the municipality may deny the issuance of any additional such permits if the number of persons, other than resident staff, resident at existing such community residences or community shelters within the municipality exceeds 50 persons, or 0.5% of the population of the municipality, whichever is greater.

If it is intended to use the property pursuant to the provisions of N.J.S.A. 40:55D-66.1, the owner shall disclose facts related to the criteria provided in N.J.S.A. 40:55D-66.2.

If it is intended that the applicant's intended use meets the standards of "health care facility" within the provisions of N.J.S.A. 26:2H-1 et seq., set forth all facts which show compliance with the standard. Similarly, if it is intended that the applicant has been approved for a purchase of a service contract or an affiliation agreement, set forth all facts demonstrating the approval together with copies of the documentation.

If it is intended to use the property for "developmentally disabled persons," then the facts showing eligibility within the meaning of N.J.S.A. 30:11B-2 shall be submitted; and if it is intended for "mentally ill persons," all of the facts shall be disclosed demonstrating that the person is ill as defined in N.J.S.A. 30:4-27.2.

If it is intended to use the facility for any mentally ill person, there shall be a disclosure as to whether such a person was committed after having been found not guilty of a criminal offense by reason of insanity or has been found to be unfit to be tried on a criminal charge by reason of insanity.

If it is intended to use the facility for a community shelter for victims of domestic violence, there shall be a disclosure of all facts demonstrating certification pursuant to the standards and procedures established by regulation of the Department of Human Services pursuant to N.J.S.A. 30:14-1 et seq.

If it is intended to use the facility as a shelter for victims of domestic violence, there shall be a disclosure as to any orders which have been entered which have determined the person to be a victim of domestic violence, including all facts which demonstrate that such victim of domestic violence, including any children of such victim, temporarily require shelter and assistance in order to protect his/her physical or psychological welfare.

If the premises are intended to be used as family day-care pursuant to the provisions of N.J.S.A. 40:55D-66.5a and 40:55D-66.5b, set forth whether or not the particular private residence has been approved by the Division of Youth and Family Services or an organization with which the Division has contracted for family day care; also set forth the number of children who are intended to reside at the facility and the number of hours per week they are intended to reside; also set forth whether the child being cared for is legally related to the provider and, if so, give the name of the provider, the name of the child and evidence of the legal relationship; if the child or children to be cared for are part of a cooperation agreement between parents for the care of their children by one or more of the parents involved, the names of the children and whether payment for the care of the children is being provided.

If it is intended to use the facility as a child-care center pursuant to the provisions of N.J.S.A. 40:55D-66.6, provide a copy of the license issued by the Department of Human Services pursuant to N.J.S.A. 30:5B-1 et seq. If such a license has not been issued but an application has been filed, attach a copy of the application and all supporting documents as well as any documents from the Department of Human Services.

Set forth whether or not the intended use complies with the requirements of the Uniform Construction Code. If the intended use does not fully comply with the provisions of the Uniform Construction Code and its subparts, the specific respects in which it does not comply shall be set forth.

If it is intended to use the facility in whole or in part as a community residence for persons with head injuries, set forth the number of persons with head injuries as defined in N.J.S.A. 40:55D-66.2 who are intended to be housed in the facility and also set forth, if the owner contends that such persons meet the criteria for persons with head injuries, the particular facts of each person pursuant to N.J.S.A. 40:55D-66.2.

No conditional use shall issue for any premises located within 1,500 feet of any existing such residence or shelter.

No such conditional use shall issue if the number of persons, other than resident staff, resident at existing such residence or community shelters within the municipality exceeds 50 persons or 0.5% of the population of the municipality, whichever is greater, as determined by the last federal census.

The application for the conditional use shall be accompanied by a certification by an architect or engineer who shall certify compliance with all provisions of the Uniform Construction Code and its subparts.

Any application for a variance from the terms of the conditional use conditions shall be required to be filed with the Planning Board pursuant to the provisions of N.J.S.A. 40:55D-70(d).

The bulk requirements of the zone in which the premises are located shall apply pursuant to the provisions of N.J.S.A. 40:55D-66.5a and 40:55D-66.5b and no more stringent provisions shall apply as applied to all other residential homes in the residential zone.

The bulk requirement applied to the proposed facility shall be the same as the bulk requirements applied to other residential property in the same district, except that the floor area occupied in any building or structure pursuant to N.J.S.A. 40:55D-66.6 and the floor area designated to such use shall be excluded in calculating any bulk requirements applicable to the number of units or floor space and to the permitted density allowable for the building or structure under any municipal or zoning ordinance.

Except as otherwise provided in this provision dealing with conditions of conditional use, if the applicant seeks to increase the square footage of the existing structure either horizontally or laterally, such an expansion shall comply with all bulk requirements of the ordinances applicable to other residential property in the particular district in which the subject property is located.

The proposed use shall be subject to and conform to the requirements of any applicable provisions of statute, and as a part of the application for a conditional use the applicant shall set forth a disclosure of the facts which demonstrate compliance with the applicable statutes.

The application for a conditional use shall demonstrate compliance with the applicable provisions of the Fair Housing Act of 1985 (N.J.S.A. 52:27D-301 et seq.), if those provisions are applicable, as well as any administrative guidelines issued by the Department of Housing and Urban Development.

The application for a conditional use shall be accompanied by a plan which demonstrates accessible building entrance on an accessible route; accessible common and public use areas; accessible doors usable by a person in a wheelchair; an accessible route into and through the dwelling unit; light switches, electrical outlets, thermostats and other environmental controls in accessible locations; reinforced walls for grab bars; and kitchen and bathroom access usable to persons in a wheelchair. Those requirements shall apply unless the owner has obtained explicit approval from HUD for alternate ways to demonstrate that they have met the requirements of the Fair Housing Act. If the owner of the property contends that it has obtained such HUD approval, it shall submit documents evidencing such approval. If the Planning Board, upon receipt of the application, determines that the application does not meet all of the conditions of the conditional use provisions of the subsection, it shall reject the application for lack of jurisdiction and the applicant shall submit its application anew to the Planning Board pursuant to the provisions of the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.).

If the qualified occupants are intended to be housed on more than one level of the dwelling, the applicant shall be required to provide for either elevators or wheelchair lift facilities so that occupants of wheelchairs can have access in their wheelchair to any other floor levels in the facility which provide exit access in the event of emergencies or access to such person in a wheelchair to other facilities available to the occupants on other floors.

If the building includes more than one story and is constructed on a slope, the building shall provide that the lowest story can be accessed on a grade on one side of the building and the second story can be accessed on grade on the other side of the building so that the dwelling facilities on both of the first and second stories are accessible to inhabitants and inhabitants who use wheelchairs.

If the building to be used has the dwelling area above the garage area, there must be an accessible building entrance on an accessible route and there must be an accessible route leading to grade-level entrances serving the single-story dwelling units from a public street or sidewalk or other pedestrian arrival point. This may be provided either by a properly sloped ramp leading from the below-grade parking to grade level, or by means of an elevator from the parking garage to the dwelling units.

The measuring of the slope of the finished grade shall be measured at ground level from the entrance to the top of the pavement of all vehicular and pedestrian arrival points within 50 feet of the planned entrance or, if there are none within 50 feet, the vehicular or pedestrian arrival point closest to the planned entrance.

The applicant shall demonstrate compliance with the Federal Architectural Barriers Act of 1968.[1] If the facility is to be financed in whole or in part with federal funds, there shall be access to persons with disabilities as provided in said Architectural Barriers Act.

In addition to compliance with 42 U.S.C. § 4151 et seq. (the Federal Architectural Barriers Act of 1968), the applicant shall demonstrate, where applicable, compliance with the provisions of the Rehabilitation Act of 1973.

The applicant shall comply with the provisions of the Supportive Housing for the Elderly and Persons with Disabilities under Title 24, Volume 4, Parts 700 through 1699, where applicable. If the applicant contends that these regulations are not applicable or if it contends that any other federal statute or statute is not applicable, it shall submit supporting evidence of the nonapplicability.

Ground-mounted solar energy can be located in the residential zones in accordance with the following:

Roof-mounted solar energy systems shall be permitted on a conforming single-family or two-family residential building, provided the systems are in accordance with the following:

Utility notifications and interconnection. Solar systems that connect to the electric utility shall comply with New Jersey's Net Metering and Interconnection Standards for Class I Renewable Energy Systems at N.J.A.C. 14:4-9.

Roof-mounted solar energy systems in nonresidential zones shall be in accordance with the following:

Ground-mounted solar energy systems, provided:

A minimum of one sign shall be posted near ground level on the interconnection cabinet warning of high voltage. In addition, the following information shall be posted on a label or labels on the interconnection cabinet of the solar energy system:

Should the solar energy system interconnection cabinet be located on the inside of a structure, a sign notifying the existence of a solar energy system shall be placed on the outside of the building, near the electrical and/or gas meter, in order to notify emergency personnel of the solar energy system.

Construction. Solar energy system construction shall be in accordance with the appropriate sections of the Basic Building Code as adopted and as currently amended by the State of New Jersey and any future amendments and/or revisions to same.

The installation of a solar energy system shall conform to the National Electrical Code as adopted by the NJDCA and/or any other applicable agency with jurisdiction. The installation of a solar energy system is subject to any and all of the electric utility company's requirements for interconnection, and its successors and assigns, and/or designated by state authority, in perpetuity.

The design of any solar energy system shall be signed and sealed by a professional engineer, licensed in the State of New Jersey, certifying that the design complies with all the standards set forth for safety and stability in all applicable codes then in effect in the State of New Jersey and all sections referred to hereinabove.

Utility company notification. The appropriate electric utility company, its successors and assigns, and/or as designated by state authority, shall be notified, in writing, by the applicant of any proposed interface to the company's grid prior to installing such interface, and it shall conform to any legislated requirements governing installations of solar energy systems so as to comply with the utility tariff specifications. Evidence of such notification shall be submitted at the time of application for conditional use approval and building permit.

Site plan approval. Site plan approval from the Planning Board or Board of Adjustment, as appropriate, shall be required for the installation of a solar energy system.

Documents. The site plan application shall be accompanied by a plot plan, which includes the following:

The solar energy system is not installed and functioning within 12 months from the date the permit is issued; or

The solar energy system is out of service or otherwise unused for a continuous twelve-month period.

This section shall be administered by the administrative officer or other official as designated.

The administrative officer may enter any property for which a permit has been applied for and/or issued under this section to conduct an inspection to determine whether the conditions stated in the permit have been met.

At the discretion of the Administrator and/or Township of Little Falls Construction Office from which a zoning, building and/or electrical permit was obtained, as applicable, the Township reserves the right to require the applicant to obtain and submit an "as-built" survey upon completion of the solar energy system evidencing the exact location and height of the structures to ensure said installation is made in accordance with the requirements of the Township of Little Falls.

The administrative officer may issue orders to abate any violation of this section.

The administrative officer may issue a citation for any violation of this section.

The administrative officer may refer any violation of this section to legal counsel for enforcement.

It is unlawful for any person to construct, install, or operate a solar energy system that is not in compliance with this section.

Any person who fails to comply with any provision of this section shall be subject to enforcement and penalties as stipulated in this chapter and article.

Nothing in this section shall be construed to prevent the Township Council and/or administrative officers of the Township of Little Falls from using any other lawful means to enforce this section.

Ground-mounted wind energy systems are not permitted in any residential zones.

Roof-mounted wind energy systems, whose primary purpose is to provide power for the principal use of the property whereon the said system is to be located and shall not be for the generation of power for commercial purposes for resale, can be located in residential zones in accordance with the following:

Small decorative wind turbines. Small wind turbines less than one meter in diameter that use direct current solely for decorative or yard lighting are exempt from the above-mentioned requirements.

Minimum lot size. The minimum lot size for a small wind energy system shall be five acres.

Setbacks. A wind tower for a small wind energy system shall not be located within any front yard, easement or utility line and shall maintain the setback of the underlying zone. No portion of the wind generator shall extend beyond the setback line or into the following:

Pole-mounted wind towers shall not be higher than 25 feet from existing grade.

Access.

Site plan approval. Site plan approval from the Planning Board or Board of Adjustment, as appropriate, shall be required for the installation of a small wind energy system.

Documents. The site plan application shall be accompanied by a plot plan which includes the following:

The small wind energy system is not installed and functioning within 24 months from the date the permit is issued; or

The small wind energy system is out of service or otherwise unused for a continuous twelve-month period.

A small wind energy system that is out of service for a continuous eighteen-month period will be deemed to have been abandoned.

The administrative officer may issue a notice of abandonment to the owner of a small wind energy system that is deemed to have been abandoned. The notice shall be sent return receipt requested.

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

If the owner provides information that demonstrates the small wind energy system has not been abandoned, the administrative officer shall withdraw the notice of abandonment and notify the owner that the notice has been withdrawn.

If the administrative officer determines that the small wind energy system has been abandoned, the owner of the small wind energy system shall remove the wind generator from the tower at the owner's sole expense within six months after the owner receives the notice of abandonment.

If the owner fails to remove the wind generator from the tower in the time allowed under Subsection M(5) above, the administrative officer may pursue legal action to have the wind generator removed at the owner's expense.

This section shall be administered by the administrative officer or other official as designated.

The administrative officer may enter any property for which a permit has been issued under this section to conduct an inspection to determine whether the conditions stated in the permit have been met.

The administrative officer may issue orders to abate any violation of this section.

The administrative officer may issue a citation for any violation of this section.

The administrative officer may refer any violation of this section to legal counsel for enforcement.

Any person who fails to comply with any provision of this section shall be subject to enforcement and penalties as stipulated in chapter and section of the appropriate zoning code.

Nothing in this section shall be construed to prevent the appropriate Township of Little Falls Board from using any other lawful means to enforce this section.