Lower Township City Zoning Code
ARTICLE V
Lot, Structure and Use Regulations
§ 400-28 Applicability to all districts.
The regulations contained herein shall govern lots, structures and uses in all districts, to the extent applicable.
§ 400-29 Accessory buildings.
[Amended by Ord. No. 95-22; 3-16-2020 by Ord. No. 2020-10]
A.
Accessory buildings as part of principal buildings. Any accessory building attached to a principal building shall be considered part of the principal building, and the total structure shall adhere to the yard requirements for the principal building regardless of the technique of connecting the principal and accessory buildings.
B.
Accessory buildings not to be constructed prior to principal buildings. No construction permit shall be issued for the construction of an accessory building for the purpose of occupancy prior to the issuance of a construction permit for the construction of the main building upon the same premises. If construction of the main building does not precede or coincide with the construction of the accessory building, the Construction Official shall revoke the construction permit for the accessory building until construction of the main building has proceeded substantially toward completion.
C.
Distance between adjacent buildings. The minimum distance between an accessory building and any other building(s) on the same lot shall be as prescribed in Article IV, except that no poultry or livestock shelter shall be erected nearer than 100 feet to any dwelling on the same lot, subject to the following exceptions pertaining to the raising and housing of horses:
(1)
Only one horse shall be permitted per acre of ground; however, no more than two horses shall be permitted on one lot;
(2)
Any livestock shelter utilized exclusively to house horses shall maintain a minimum forty-foot setback to all property lines and any dwellings located on site; and
(3)
Any and all horse shelters and properties housing horses which exist at the time of the adoption of this ordinance shall be exempt from these regulations.
D.
Height of accessory buildings. The height of accessory buildings shall be as prescribed in Article IV.
E.
Location. An accessory building may be erected in side and rear yard areas only and shall be set back from side and rear lot lines as prescribed in Article IV, except that, if erected on a corner lot, the accessory building shall be set back from either street to comply with the minimum required setback for the respective zoning district and not the closest point of any building on the lot as described in § 400-8, Definitions. No poultry or livestock shelter shall be erected nearer than 100 feet to any lot lines.
§ 400-30 Appearance of buildings. [1]
[Amended by Ord. No. 82-2]
A.
Within any residential district, no building with permitted home occupation shall be constructed or altered so as to be inharmonious with the residential character of the adjacent residential areas.
B.
Any builder building on a tract of eight or fewer lots shall provide a minimum of one basic house design; tracts of nine to 50 lots shall provide at least three basic house designs; and tracts of more than 50 lots shall provide at least five basic house designs.
[1]
Editor's Note: See also § 400-44, Uniformity in exterior design and appearance of dwellings.
§ 400-31 Fences, walls and site triangles.
[Amended by Ord. No. 82-2; Ord. No. 84-6; Ord. No. 95-31]
A.
All permitted fences shall be situated on a lot in such a manner that the finished side of such fence shall face adjacent properties. No fence shall be erected of barbed wire, topped with metal spikes, nor constructed of any material or in any manner which may be dangerous to persons or animals, except that these provisions shall not apply to farms and except further that fences permitted for commercial and industrial uses may be topped by a barbed wire protective barrier.
B.
On any lot in any district, no wall or fence shall be erected or altered so that said wall or fence shall be over four feet in height in the front yard area and six feet in height in rear and side yard areas except:
(1)
In the Industrial District, no wall or fence shall be erected or altered so that said wall or fence shall exceed 10 feet in height.
(2)
An in-ground private residential swimming pool area must be surrounded by a fence at least four feet, but no more than six feet, in height. Fences or any portion thereof in excess of six feet are specifically prohibited. See § 400-38 for additional standards.
(3)
A tennis court area, located in side or rear yard areas only, may be surrounded by a fence a maximum of 15 feet in height, said fence to be set back from any lot line the distances required for accessory buildings in the zoning district as stipulated in Article IV. Said fence must be of a configuration which has 75% open space.
(4)
Buffer areas shall meet the requirements specified in Article IX.
(5)
On corner lots, six-foot fence heights shall only be permitted in side yards up to and including that portion of the side yard where the principal building is closest to the street line. (See Diagram 1 at the end of this section.)
C.
The Planning Board recognizes that at certain times inconsistencies in this chapter may cause an inequitable situation to occur concerning fence heights. It shall be within the discretion of the Planning Director and the Construction Official to resolve the inconsistencies. In no case shall the fence maximum height limit of six feet be exceeded. All decisions shall take into account the health, safety and welfare of the general public.
D.
Site triangle easements shall be required at intersections, in addition to the specified right-of-way width, in which no grading, planting or structure (except for street signs, fire hydrants and light standards) shall be erected or maintained higher than 42 inches in height, and shall be of an open configuration of at least 75%.
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E.
Six-foot fence permitted along state or county highways under following conditions:
[Added 3-19-2007 by Ord. No. 2007-07]
(1)
Lot must front two public rights-of-way, which rights-of-way are opposite and generally parallel to each other, one of which is a county or state highway. Said lot must have access to a local public street (see diagram).
(2)
Vehicle access to the county or state highway from applicant’s lot, as well as adjacent lots, is prohibited.
(3)
The lot frontage along the county or state highway shall be designated as the rear yard. Six-foot fences and other allowable accessory uses shall be permitted as per ordinance requirements. Said six-foot fence shall comply with § 400-31A. It is the intent of the Township that all fences constructed along county or state highways after the passage of this subsection be six feet in height.
(4)
On corner lots, an applicant shall provide a sight triangle easement approved by the appropriate county or state agency in which the fence height and type shall comply with § 400-31D.
6' FENCE HEIGHT EXCEPTION. (400-31E.)  |
§ 400-32 Lot configuration.
[Amended by Ord. No. 82-2]
A.
Insofar as is practical, side lot lines shall be either at right angles or radial to street lines.
B.
Each lot must front upon an approved public street.
C.
Where extra width has been dedicated for widening of existing streets, lots shall begin at such new street line and all setbacks shall be measured from such line (see Plate 2[1]).
[1]
Editor's Note: Plate 2 is included at the end of this chapter.
D.
Where there is a question as to the suitability of a lot or lots for their intended use due to factors such as poor drainage conditions or flood conditions, percolations test or test borings indicating the ground conditions to be inadequate for proper sewage disposal for on-lot sewage treatment or similar circumstances, the Board, after adequate investigation, may withhold approval of such lots. If approval is withheld, the Board shall give reasons and notify the applicant and enter same in the minutes.
E.
Monuments shall be installed for all newly created lots in compliance with the requirements of N.J.S.A. 46:23-9.11(8). All lot corners shall be marked with a concrete monument or metal alloy pin of permanent character.
§ 400-33 Nonconforming lots, structures and uses.
[Amended by Ord. No. 82-2; Ord. No. 89-8]
Approved preliminary and final subdivisions have certain vested rights pursuant to N.J.S.A. 40:55D-49 and N.J.S.A. 40:55D-52 of the Municipal Land Use Law. This § 400-33 pertains to lots not protected by the Municipal Land Use Law.
A.
Lots.
(1)
Whenever title to two or more contiguous lots is held by the same owner, regardless of whether or not each of said lots may have been approved as portions of a subdivision or acquired by separate conveyance, or by other operation of law, and one or more of said individual lots should, by reason of exceptional shallowness, topographical conditions, substandard area or yard space or similar measurements, not conform to the minimum lot area and dimension requirements for the zone in which it is located, the contiguous lots of said owner shall be considered as a single lot. Where the land area of such contiguous lots, when combined, meets or exceeds the minimum required lot areas and dimensions, combination of contiguous lots to comply with the minimum lot size, area, and dimensions shall be permitted, provided that no nonconforming lot or lots remain.
(2)
Lots created by final subdivision granted subsequent to the adoption of the original Subdivision Ordinance of the Township of Lower, dated March 5, 1959 (Ordinance No. 59-4) are hereby exempt from the lot size requirements for the R-3 Zone mandated by this chapter, provided that:
(a)
Said lots or any combination thereof contain a minimum of 12,500 square feet.
(b)
Only single-family detached structures are built on the said lot and such structures contain a minimum of 1,000 square feet of gross floor area.
(c)
All necessary sewer and water permits are obtained prior to application being made for a building permit.
(d)
All site improvements required by the final subdivision as approved must be substantially completed and at a minimum of no less than 75% of said site improvements must be complete.
(3)
Whenever the owner of a lot existing at the time of adoption of this chapter has dedicated or conveyed land to the Township in order to meet the minimum street width requirement of the Official Map or Master Plan of the Township, the Construction Official shall issue building and occupancy permits for the lot whose depth and/or areas are rendered substandard in area only because of such dedication and where the owner has no other adjacent lands to provide the minimum requirements.
(4)
Any existing lot on which a building or structure is located and which lot does not meet the minimum lot size, or a structure which violates any yard requirements, may have additions to the principal building and/or construction of an accessory building without an appeal for variance relief, provided:
(a)
The existing use(s) on the lot are conforming to the permitted use(s) stipulated in this chapter for the lot in question;
(b)
The total permitted building coverage is not exceeded;
(c)
The accessory building and/or addition do not violate any other requirements of this chapter such as, but not limited to, height, setback and parking.
(5)
Any isolated vacant lot existing as a conforming residential lot (lots grandfathered by Section 16-20 of the previous ordinance are not deemed to be permitted to comply with this section) immediately prior to the effective date of adoption or amendment of this chapter, whose area or dimensions do not meet the requirements of the district in which the lot is located, may have a building permit issued for a single-family detached dwelling and its permitted accessory uses without an appeal for variance relief, provided:
(a)
Single-family detached dwellings are a permitted use in that district;
(b)
The building coverage limit is not exceeded;
(c)
Parking requirements are met; and
(d)
The yard and height provisions are reduced by the same percentage that the area of such lot bears to the zone district requirements except that:
[1]
No side yard shall be less than either 10 feet or half that required by this chapter, whichever is greater;
[2]
No building shall be set back from any street right-of-way less than is required for the building elsewhere in this chapter; and
[3]
No building shall be required to have a height less than 12 feet and one story.
(6)
As to only those lots that fall within the R-3 Zone as defined in this chapter, and further, in regard to only those lots as described which have at the time of the passage of this chapter immediate access to available municipal sewerage facilities, an owner may build a single-family detached dwelling without the necessity of applying for or obtaining a variance, provided the following conditions are met:
(a)
The owner must have owned the lot on May 15, 1981. There are no exceptions to this requirement.
(b)
There must be construction on all contiguous adjoining lots, the acquisition of which would serve to make the subject lot a conforming lot.
(c)
Even if construction is present on an adjoining lot, no lot contiguous to the subject lot, the acquisition of which would make the subject lot a conforming lot, may be owned by a family member, a relation, or a corporation in which the subject lot owner is an officer, a director, a shareholder, or a relative of whom is an officer, shareholder or director. This requirement of the lack of connection to a contiguous lot owner shall be retroactive to conditions as they exist or existed as of May 15, 1981.
(d)
The construction must meet all side yard, front yard and rear yard setback requirements for the R-3 Zone.
(e)
The construction must meet the habitable square foot requirement for the R-3 Zone.
(f)
Parking requirements must be met.
(g)
Building coverage requirements are not exceeded.
(h)
The subject lot may contain no less than 5,000 square feet and 50 feet lot frontage.
(7)
In the event that all the above requirements are met by the applicant, then in order to avoid the necessity of applying for a variance to construct presently or at some future time on the subject lot, the lot owner must register this nonconforming lot by June 30, 1982, by the following procedure:
(a)
A written letter or application to the Township Tax Assessor to receive a certification that the subject lot qualifies in regard to the existence of adjoining construction and the existence of other parameters of ownership as set forth above.
(b)
Upon receiving this certification, by presenting the certification to the Township Building Inspector and receiving from him a letter or other writing indicating that the lot does meet the requirements and has been registered upon the list of nonconforming lots, construction upon which of a single-family residence will not require a variance.
(8)
The steps of Subsection A(7)(a) and (b) above must be followed and completed. This registration will be transferable and will be valid for the life of this chapter but not beyond same, and it gives rise to no rights that may not be abrogated or abolished by future changes or amendments to this chapter, it being the intended purposes of this provision to:
(a)
Identify all lots which are nonconforming lots in the R-3 Zone which the owner intends to build upon.
(b)
Allow a reasonable time for said nonconforming lot owner to build upon these lots a single-family residence without the necessity of initiating a variance procedure.
(9)
This section is not intended to void or deprive any lot owner of the right of application for variance and the other procedural remedies under the Municipal Land Use Act, and these remedies naturally remain available to the property owner but only on those grounds recognized as giving rise to a right to relief under said statute.
B.
Structures and uses.
(1)
Any nonconforming use or structure existing at the time of the passage of this chapter 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 50% destruction of the true value of the building unless the building has been changed to a conforming use.
(2)
Repairs and maintenance work required to keep a structure in sound condition may be made to a nonconforming structure containing a nonconforming use. However, no nonconforming structure or structure containing a nonconforming use shall be enlarged, extended, constructed, reconstructed or structurally altered in any manner without an appeal for variance relief except that any commercial or industrial use existing as a conforming use immediately prior to the date of adoption of this chapter, and which has been made a nonconforming use by the provisions of this chapter, may be physically expanded as a right by no more than 50% of the gross building coverage of the facility(s) currently devoted to such use on the said date of adoption and by no more than 50% of the land area currently devoted to such use, provided:
(a)
The specific activity is not changed;
(b)
The aggregate building coverage on the lot does not exceed 30%;
(c)
The building expansion does not narrow any side, rear or front yard less than a minimum of 40 feet;
(d)
No outside storage or display areas or activities are expanded;
(e)
The site plan for such expansion receives approval by the Planning Board in accordance with the provisions of this chapter; and
(f)
All other applicable provisions of this chapter are met.
C.
Front yard depth in built up area. In an R district where residential blocks have been established and within any such block where more than 50% of the buildable street frontage has been built upon before April 23, 1981, any dwelling, addition or alteration hereafter erected shall have a front yard equal in depth to the average depth of the front yards of the lot immediately adjacent thereto on either side, but in no case shall this require a greater depth than 40 feet.
D.
Alterations and additions to the first habitable story shall be permitted in area "x" (see diagram), when distance "a," "b" or "c" violates front yard, side yard, or rear yard setback. The maximum building enlargement, extension, construction, reconstruction or structural alteration shall be limited to a defined area, to be measured horizontally and parallel to the structural walls of the existing first habitable story, and shall terminate at the point where said lines intersect (y). The area so created shall be area "x," and area "x" shall occupy any position along the exterior structural walls when the above referenced definition of "x" is completely satisfied. Area "x" shall not exceed existing encroachments into yard setbacks "a," "b" or "c."
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E.
A second story addition, alteration or reconstruction in violation of side yard, front yard, or rear yard setbacks, on an existing nonconforming structure, shall be permitted; however, no such addition, alteration or reconstruction shall increase the nonconforming setbacks of the existing first habitable story. The setback limit line or building envelope, for the second story, shall trace the exact same footprint of the exterior structural walls of the existing first habitable story.
§ 400-34 Off-street parking, loading areas and driveways.
[Amended by Ord. No. 82-2; Ord. No. 82-9; Ord. No. 89-17]
A.
Landscaping.
(1)
Except for detached dwelling units, a screen planting of a dense evergreen material not less than four feet in height shall be provided between the off-street parking areas and any lot line or street line except within a right triangle or where a building intervenes or where the distance between such areas and the lot line or street line is greater than 150 feet.
(2)
All loading areas shall be landscaped and screened sufficiently to obscure the view of the parked vehicles and loading platforms from any public street and adjacent residential districts or uses. Such screening shall be by an extension of a building, a fence, wall, planting or combination thereof and shall not be less than five feet in height.
(3)
Each off-street parking area of 10 parking spaces or more shall be suitably landscaped so as to integrate itself to the atmosphere of the surrounding environment and to insulate the neighborhood from the sight and sound of more than the normal quantities of vehicles and vehicular activity. In the R-6 Zone, head-on, back-out parking will be permitted, except on Pacific, Atlantic and Seaview Avenues.
B.
Access. Access points from any one lot crossing the street line shall be limited to a maximum of two along the frontage of any single street. The center line of any separate access points shall be spaced at least 65 feet apart; shall handle no more than two lanes of traffic; shall be at least 20 feet from any property line; and shall be set back from the street line of any intersecting street at least 50 feet, or 1/2 the lot frontage, whichever is greater, except that in no case need the setback distance exceed 200 feet. Unbroken residential driveways in excess of 20 feet and unbroken commercial drive aisles in excess of 25 feet, measured at the street line, shall be prohibited. Due consideration shall be given to the proposed width, curbing, direction of traffic flow, radii of curves and method of dividing traffic lanes. Curbing shall be depressed at the driveway, or curbing may be rounded at the corners, and the driveway, connected with the street in the same manner as another street. For all non-single-family uses, parking lots shall be so designed that all vehicles leaving the facility will be traveling forward when entering the adjacent street or highway, and vehicles, when entering the facility from an adjacent street or highway, are required to be traveling in a forward direction. Access requirements are not applicable to R-4 and R-6 or GB-1 Zones in those cases where head-on and back-out parking are permitted.
C.
Location of parking and loading. Required off-street parking and loading spaces shall be located on the same lot or premises as the use served, regardless of the number of spaces required by this chapter. No parking of vehicles shall be permitted in fire lanes, streets, driveways, landscaped areas, aisles, buffer areas, sidewalks or turning areas.
D.
Type of facility.
(1)
Parking spaces may be on, above or below the surface of the ground. When parking spaces are provided within a garage or other structure, said structure shall adhere to the proper accessory or principal building setbacks, as applicable.
(2)
The provision of parking spaces shall also include adequate driveway and necessary turning areas for handling the vehicles for which this provision is made. Parking areas shall be designed to permit each motor vehicle to proceed to and from the parking space provided for it without requiring the moving of any other motor vehicles, except in the case of a single-unit residential parking area. For the purpose of this section, single-unit residential parking area shall mean a driveway, parking spot, or other legally designated area that is dedicated for use as parking to an individual and specific residential unit. Aisles providing access to parking spaces shall have the following minimum dimensions. Where the angle of parking is different on both sides of the aisle, the larger aisle width shall prevail.
[Amended 4-7-2008 by Ord. No. 2008-05]
Angle of Parking Space | One-Way Aisle (feet) | Two-Way Aisle (feet) | |
|---|---|---|---|
90º | 22 | 25 | |
60º | 18 | 20 | |
45º | 15 | 20 | |
30º | 12 | 18 | |
Parallel | 12 | 18 |
§ 400-35 Performance standards for all uses.
[Amended by Ord. No. 82-2]
An application for a permit shall provide documentation that the intended use will comply with the performance standards enumerated below. In the case of a structure being built where the future use is not known, a construction permit may be issued with the condition that no certificate of occupancy will be issued until such time as this documentation is submitted with respect to the particular occupant. A new application and a new certificate of occupancy shall be required in the event of a change of any user of any structure.
A.
Electrical and/or electronic devices. All electrical or electronic devices shall be subject to the provisions of Public Law 90-602, 90th. Congress, HR 10790, dated October 18, 1968, entitled "An Act for the Protection of Public Health and Safety from the Dangers of Electronic Product Radiation." Radiation products, as defined in DHEW Publication No. (FDA) 75-8003, shall be so limited and controlled that no measurable energy can be recorded at any point beyond the property boundaries. The applicant, upon request, shall produce certified data wherein measurements made in accordance with the procedure and standards set forth in the DHEW Publication No. (FDA) 75-8003 adequately demonstrate compliance with the minimum standards established by the act. All other forms of electromagnetic radiation lying between 100KHz and 10GHz shall be restricted to the technical limits established in the Federal Communication Commission's Rules and Regulations. Additionally, electric or electronic equipment shall be shielded so there is no interference with any radio or television reception at the lot line (or beyond the operator's dwelling unit in the case of multifamily dwellings) as the result of the operation of such equipment.
B.
Glare. No use shall produce a strong, dazzling light or a reflection of a strong, dazzling light or glare beyond its lot lines. Exterior lighting shall be shielded, buffered and directed so that glare, direct light or reflection will not become a nuisance to adjoining properties, adjoining dwelling units, adjoining districts or streets.
C.
Heat. No use shall produce heat perceptible beyond its lot lines. Further, no use shall be permitted which would cause the temperature to rise or fall in any body of water.
D.
Noise.[1] Noise levels shall be designed and operated in accordance with local regulations and those rules established by the New Jersey State Department of Environmental Protection as they are adopted and amended.
[1]
Editor's Note: See also Ch. 441, Noise.
E.
Odor. All reasonable measures shall be taken to minimize odors emanating from nonagricultural operations, and the applicant shall present evidence of measures to comply. Said measures shall be subject to approval by and inspection of the Planning Board.
F.
Storage and waste disposal. No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces, nor shall any substance be deposited which can contaminate an underground aquifer or otherwise render such underground aquifer undesirable as a source of water supply or recreation, or which will destroy aquatic life. All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise attractive to rodents or insects shall be stored indoors and enclosed in appropriate containers adequate to eliminate such hazards.
G.
Ventilation. No use shall obstruct the natural ventilation of adjacent uses nor contaminate the air with excessive heat or odor. Further, no air conditioners or exhaust fans shall be permitted to discharge exhausted air unless set back from all property lines 10 feet or equipped with baffles to deflect the discharged air away from the adjacent use.
H.
Vibration. There shall be no vibration which is discernible to the human sense of feeling beyond the immediate lot.
§ 400-36 One principal dwelling per lot.
[Amended by Ord. No. 82-2]
Unless otherwise specified in this chapter, no more than one principal dwelling shall be permitted on one lot.
§ 400-37 Signs.
[Amended by Ord. No. 82-2; Ord. No. 84-4; Ord. No. 2000-10]
A.
General provisions. No sign may be placed on or attached to a building or erected independently for any purpose other than to advertise a permitted business or use conducted on the same premises. No billboards shall be erected or replaced. No signs shall be erected, altered or replaced which are not in accordance with the standards established in this chapter. Unless otherwise specified in this chapter, the erection of any sign shall require a construction permit. No sign of any type shall be permitted to obstruct driving vision, traffic signals, traffic directional and identification signs, other places of business, other signs or windows of the building on which they are located. No sign shall be attached to trees, fence posts, stumps, utility poles or other signs, but shall be freestanding or attached to buildings in an approved manner.
(1)
Animated, flashing and illusionary signs. Except for time/temperature display signs, all signs using mechanical or electrical devices to revolve, flash or display movement or the illusion of movement are prohibited.
(2)
Height. No freestanding or attached sign shall be higher at any point than 25 feet, except that no sign shall exceed any lesser height if particularly specified, and no sign shall project beyond a building in a manner placing it above an area traversed by motor vehicles, such as, but not limited to, driveway and parking areas. Where signs project beyond a building facade or wall over a pedestrianway, the lowest portion of the sign shall be at least 10 feet above the walkway.
(3)
Freestanding signs. Freestanding signs shall be supported by one or more columns of uprights which are firmly embedded in the ground. Exposed guy wires, chains or other connections shall not be made a permanent support of the freestanding sign. Any freestanding sign larger than 35 square feet shall be subject to Planning Board approval.
(4)
Illuminated signs. Illuminated signs shall be arranged as to reflect the light and glare away from adjoining premises and away from adjoining highways. No sign with red, green or blue illumination in a beam, beacon or flashing form resembling an emergency light shall be erected in any location.
(5)
Information and direction signs. Street number designations,[1] postal boxes, on-site directional and parking signs and warning signs are permitted in all zones but are not to be considered in calculating sign area. No such sign shall exceed two square feet in area, nor shall a construction permit be required for such sign.
[1]
Editor's Note: See also Ch. 448, Numbering of Buildings.
(6)
Maintenance. Signs must be constructed of durable materials, maintained in good condition and not allowed to become dilapidated. Whenever a sign shall become dilapidated or structurally unsafe, the Construction Official shall order the owner to repair said sign or remove it. Such order shall be made in writing, and the owner shall comply with the order within 10 days or be subject to the penalties stipulated in § 400-87A of this chapter.
(7)
Political signs. Political signs temporarily giving notice of political campaigns shall be set back at least 15 feet from all street and property lines and shall not exceed 32 square feet in area. Signs shall be permitted within 60 days prior to any municipal, county, state or national election and shall be removed within seven days after the election. All such signs do not need a construction permit.
(8)
Portable signs.
(a)
No sign shall be exhibited which is portable, regardless of the message contained thereon, i.e., fixed on a movable stand; self-supporting without being firmly embedded in the ground; supported by other object; mounted on wheels or movable vehicles; or made easily movable in some other manner unless a special sign permit is issued by the Construction Official in accordance with Township regulations, specifically § 400-37A(1), (2), (10), and (15). The permit shall be limited to a sixty-day period and shall not be reissued for a nine-month period following the expiration of said permit.
(b)
Notwithstanding the foregoing, portable sandwich signs may be used on property in the MH, GB, RB, MD, MD-1, MGB and I Zones subject to the following conditions:
[1]
Sandwich signs may only be used to advertise a business located on the same property as the sign;
[2]
Sandwich signs shall be no larger than nine square feet per side;
[3]
Sandwich signs shall not be permitted on the sidewalk, within the right-of-way or site triangle;
[4]
Sandwich signs may only be used during the hours of operation of the business advertised on such sign; and
[5]
Only one sandwich sign may be used on each property.
(9)
Real estate signs. Real estate signs temporarily advertising the sale, rental, or lease of the premises or portion thereof shall be placed only upon the premises to be sold, rented, or leased anywhere on the side of the sidewalk opposite the street. If there is no sidewalk, the minimum distance that a real estate sign can be from the curbline abutting the property will be seven feet. In the event that there is no sidewalk and the building setback is less than seven feet from the curbline, the sign shall abut the property being listed. Only one real estate sign shall be permitted for each property. Real estate signs advertising an open house shall be permitted on property other than that being offered for sale no more than seven days prior to the open house and shall be removed immediately after the open house. Signs shall not exceed three square feet in area. One header or footer will also be permitted with a total of 144 square inches. The maximum height of a real estate sign, including any header, shall be three feet from the ground to the top of the sign; provided that a sign hanging from a post may be 56 inches from the ground level to the top of the sign. All signs may also exceed the maximum height if there is a barrier which would otherwise obstruct the visibility of the sign from the street fronting the property, such as a fence or shrubbery; in which case the top of the sign shall not be more than three feet from the top of the barrier. All such signs shall be removed at the expense of the advertiser within 15 days after the termination or completion of the matter of business being advertised, or in the case of major residential subdivisions, when 95% of the lots have been initially sold. All such signs do not need a construction permit. The restrictions set forth herein shall apply to sales by licensed real estate agencies and sales by owners.
[Amended 1-4-2006 by Ord. No. 2005-23]
(10)
Sign area. The area of a sign shall be measured around the outside edges of a framed or enclosed sign or by the area utilized by isolated words and/or symbols, including the background, whether open or enclosed, but said area shall not include any supporting framework and bracing incidental to the display itself. The area of a sign shall not exceed 35 square feet in a commercial district. Signs shall not exceed four square feet in a residential district. In the RB District, a sign shall not exceed four square feet if the premises is utilized solely as a residence. If the premises is coupled with commercial use, the sign shall not exceed 35 square feet in size.
(11)
Signs with two exposures. Such signs shall be measured for area by using the surface of one side of the sign only. Both sides may be used.
(12)
Temporary signs. Interior window signs shall not require a construction permit; provided, however, that such interior signs shall not exceed 20% of the total window area.
(13)
Wall fascia or attached signs. Wall fascia or attached signs shall be firmly attached to the exterior wall of a building and shall not project more than 15 inches from the building and shall not extend beyond the limits of the building.
(14)
Projecting signs. Projecting signs shall not exceed 20 square feet in area, project more than five feet from the building, and shall not be erected less than 10 feet above the public sidewalk.
(15)
Proximity to historic place. No sign shall be permitted within 100 feet of the property line of any historical site or monument.
B.
Street signs. There shall be two metal street sign posts installed at each intersection. The posts shall be galvanized steel, 2 1/2 inches in diameter and not less than 12 feet in length. The posts shall be set in a concrete base having a diameter of one foot and a depth of at least three feet in the ground. The street signs shall be metal, and lettering shall be as approved by the Township Engineer.
C.
Construction signs. Contractors' signs will be subject to the requirements of Subsection C(1), (2) or (3) below:
[Added 1-4-2006 by Ord. No. 2005-23]
(1)
For new construction of structures that contain less than four dwelling units and for all other work which requires a building permit on structures that contain less than four dwelling units, the following conditions apply:
(a)
One sign will be allowed with a maximum area of six square feet.
(b)
The sign may be double-sided.
(c)
The minimum distance from the curbline abutting the property line shall be 15 feet. In the event that the building setback is less than 15 feet from the curbline, the sign shall abut the structure being constructed.
(d)
The maximum height of the sign from ground level to the top of the sign shall be six feet.
(e)
The sign will be placed upon the property only after a building permit is issued to the general contractor and shall be removed before the temporary or permanent certificate of occupancy (CO) is issued.
(f)
A permit from the Zoning Officer issued to the general contractor, which may also cover all subcontractors working on the site, will be required prior to the placement of the sign. No fee will be required.
(2)
For new construction of structures that contain more than three dwelling units and for all other nonresidential construction, the following conditions apply:
(a)
One sign will be allowed with a maximum area of 12 square feet.
(b)
The sign may be double-sided.
(c)
The minimum distance from the curbline abutting the property line shall be 15 feet. In the event that the building setback is less than 15 feet, the sign shall abut the structure being constructed.
(d)
The maximum height of the sign from ground level to the top of the sign shall be six feet.
(e)
The sign will be placed upon the property only after a building permit is issued to the general contractor and shall be removed before the temporary or permanent certificate of occupancy (CO) is issued.
(f)
A permit from the Zoning Officer issued to the general contractor, which may also cover all subcontractors working on the site, will be required prior to the placement of the sign. No fee will be required.
(3)
For work being conducted on existing structures or for which a building permit is not required, the following conditions apply:
(a)
One sign will be allowed with a maximum area of 1 1/2 square feet.
(b)
The sign may be double-sided.
(c)
The minimum distance from the curbline abutting the property line shall be 15 feet. In the event that the building setback is less than 15 feet, the sign shall abut the structure being constructed.
(d)
The maximum height of the sign from ground level to the top of the sign shall be three feet.
(e)
The sign will be placed upon the property upon commencement of the work and must be removed within 48 hours after completion of the work or 30 total days, whichever comes first.
§ 400-38 Swimming pools.
[Amended by Ord. No. 82-2]
A.
No private residential swimming pool shall be constructed or installed on any lot unless the lot contains a residence building. Pools shall be located in side or rear yard areas only, shall occupy no more than 75% of the yard area in which it is located and shall meet the setback distances for accessory buildings as specified in Article IV for each particular zoning district.
B.
A private residential swimming pool when installed below ground must be surrounded by a suitable fence with a self-latching gate at least four feet, but no more than six feet, in height.
C.
All swimming pools shall meet the appropriate design standards as set forth by the National Swimming Pool Institute.
§ 400-39 Yards cannot be used by another building.
[Amended by Ord. No. 82-2]
No open space provided around any principal building for the purposes of complying with the front, side, rear or other yard provisions of this chapter shall be considered as providing the yard provisions for another principal building.
§ 400-40 Minimum lot size for farm animals.
[Amended by Ord. No. 82-2; 3-16-2020 by Ord. No. 2020-10]
A minimum of one acre shall be required in any district for the keeping of customary farm animals, subject to the following exception pertaining to the raising and housing of horses:
A.
Only one horse shall be permitted per acre of ground; however, no more than two horses shall be permitted on one lot;
B.
Any livestock shelter utilized exclusively to house horses shall maintain a minimum forty-foot setback to all property lines and any dwellings located on site; and
C.
Any and all horse shelters and properties housing horses which exist at the time of the adoption of this ordinance shall be exempt from these regulations.
§ 400-41 Wind energy conversion systems. [1]
[Added 8-17-2009 by Ord. No. 2009-13]
A.
Definitions. As used in this section, the following terms shall have the meanings indicated:
HEIGHT OF WECS
The height above grade to the tip of the turbine blade when it reaches its highest elevation.
LARGE WECS
A wind energy conversion system consisting of one or more wind turbines, towers or systems of conversion electronics with a rated capacity of more then 10 kw. Large WECS shall not be permitted in the W-1 Mainland Island Medium Density Residential Overlay Zone.
PERMITTED KW
Shall equal the manufacturer's rated capacity or rated power.
PUBLIC PURPOSE USE WIND FARM
Shall be permitted in all zoning districts. Maximum height permitted: 450 feet. Maximum total kw permitted: no limit.
SMALL WECS
A single wind energy conversion system limited to generation of not more then 10 kw consisting of a wind turbine, a tower, and associated control or conversion electronics shall be permitted by right.
STATE
The State of New Jersey.
TURBINE
The parts of the wind energy system including the blades, generator and tail.
WIND ENERGY CONVERSION SYSTEMS
Any device that converts wind energy to mechanical or electrical energy (herein referred to as "WECS"), commonly known as a "windmill" or "wind turbine." WECS is inclusive of the turbine, support pole or structure and foundation system.
B.
Overlay zoning. The following overlay zones, as delineated on the Lower Township Zoning Map, shall determine the maximum height of all windmills:
Overlay Zone | Maximum Height Permitted (feet) | Maximum Total kw Permitted | |
|---|---|---|---|
W-1 Mainland and Island Medium Density Residential | 100 | 10 kw | |
W-2 Low Density Residential | 150 | 20 kw | |
W-3 Industrial | 150 | No limit | |
W-4 Marine Development | 300 | No limit | |
W -5 (C) Conservation District Wind Farm | 450 | No limit |
C.
WECS requirements. A WECS shall be a use subject to the requirements and conditions set forth in this section:
(1)
Height.
(a)
Height of small WECS. The maximum height permitted shall be 100 feet, when located in the W-1 (R-3) Mainland and Island Medium Density Residential Overlay Zone, unless otherwise prohibited by any state or federal rules and regulations. The minimum distance between the ground and any protruding blades utilized on a WECS shall be 15 feet as measured when the tip of the turbine blade reaches its lowest elevation.
(b)
Height of Large WECS. The maximum height permitted shall be 150 feet, 300 feet or 450 feet as specifically permitted in the overlay zones, unless otherwise prohibited by any state or federal rules and regulations. The minimum distance between the ground and any protruding blades utilized on a WECS shall be 15 feet as measured when the tip of the turbine blade reaches its lowest elevation.
(2)
Setbacks. The structural design shall comply 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 herein. The installation may then thereafter be erected not less than one rotor radius plus 15 feet from any property line or right-of-way for overhead electrical transmission or distribution lines.
(3)
Nonresidential buffer. Nonresidential uses shall be required to provide a minimum buffer area of 200 feet in width along any common property line with a residential district or residential use in addition to the required setback.
(4)
Noise. The maximum level of noise permitted to be generated by a wind energy conversion system shall be in accordance with N.J.A.C. 7:29.1.2 and Chapter 441 of the Township Code as measured from any point on the property line on which the WECS exists.
(5)
Construction. WECS construction shall be in accordance with all applicable laws as adopted by the Township of Lower, State of New Jersey, and the federal government. All applications and revisions to the same shall be first approved by the Construction Official before building of the project begins. This includes but is not limited to approval of the foundation of the WECS.
(6)
Planning/Zoning Board approval.
(a)
Residential WECS. Residential wind energy conversion systems shall not require a site plan or any Planning or Zoning Board approval.
(b)
Nonresidential WECS: major site plan shall be required.
(7)
Electromagnetic interference. No components, parts and other facilities related to WECS use shall create emissions that interfere with radio and/or television broadcasting or reception.
(8)
Compliance with FAA regulations. All WECS shall comply with applicable FAA regulations, including any necessary approvals for installations close to airports. Evidence of compliance or nonapplicability shall be submitted.
(9)
Visual obtrusiveness. All WECS shall maintain a galvanized or stainless steel finish or be painted to conform to the surrounding environment, to reduce visual obtrusiveness.
(10)
Utility company notification. No WECS shall be installed until evidence has been provided that Atlantic City Electric (or another appropriate utility company) has been notified in writing of the proposed interface with that company's grid.
(11)
Removal of defective or abandoned systems The tower and generating unit of the WECS shall be kept in good repair and sound condition. Upon abandonment of the use, the tower and related structure shall be dismantled and removed from the property within 60 days.
(12)
Power lines and wires, equipment and storage. All electric lines and utility wires shall be buried underground. Any equipment associated with the operation of the WECS shall be enclosed with a six-foot fence unless the base of the tower is not climbable for a distance of 12 feet.
(13)
Lighting. A WECS shall not be lighted unless required by the Federal Aviation Administration (FAA) or required by the Planning Board for public safety purposes.
(14)
When a building is necessary for storage cells or related mechanical equipment, the building may not exceed 150 square feet in area, nor 15 feet in height, and the building must be located at least 40 feet from any property line.
D.
Application requirements for residential uses. All applications regarding WECS for residential use shall be submitted to the Planning/Zoning Official and shall set forth the following information:
(1)
An accurate dated, sealed survey of the property, done by a New Jersey licensed land surveyor, showing all structures, easements and site improvements, as well as the location of the WECS and all system components, and all property lines and rights-of-way.
(2)
One set of detailed plans, from the manufacturer(s) of the WECS, as to the structural integrity of the WECS and its components, parts and facilities.
(3)
A certification, at the applicant's expense, from a professional engineer licensed to practice in the State of New Jersey that the plans comply with the Township's code regarding WECS, including but not limited to structural integrity, rated capacity and setback requirements. Certification shall be provided on the official Township of Lower engineer certification form.
(4)
A description of the location where the WECS project is proposed (lot, block and zone).
E.
Planning Board application requirements, for nonresidential uses. All applications regarding WECS for nonresidential use shall be submitted to the Planning/Zoning Board for site plan approval and shell set forth the following information:
(1)
An accurate dated, sealed survey of the property, done by a New Jersey licensed land surveyor, showing all structures, easements and site improvements, as well as the location of the WECS and all system components, and all property lines and rights-of-way.
(2)
A certification, at the applicant's expense, from the manufacturer(s) of the WECS as to the structural integrity of the WECS and its components, parts and facilities.
(3)
A certification, at the applicant's expense, from a professional engineer licensed to practice in the State of New Jersey that the plans comply with the Township's code regarding WECS, including but not limited to the setback requirements.
(4)
A description of the location where the WECS project is proposed (lot, block and zone).
(5)
A certification, at the applicant's expense, from an engineer licensed to practice in the State of New Jersey, that the foundation of the WECS, and the foundation of any components, parts, or facilities, complies with all of the standards set forth for safety and stability in all applicable codes in effect in the State of New Jersey. The foundation design shall include an analysis of the actual soil conditions below the proposed structure(s).
(6)
The application shall meet all the requirements of a building permit and shall include standard drawings and an engineering analysis of the system's tower, foundation, and connection design certified by a professional mechanical, structural, or civil engineer licensed to practice in the State of New Jersey.
F.
Planning/Zoning Board approvals. All approvals shall be based upon consideration of the following factors:
(1)
Proposed plan's impact on the health, safety, and welfare of the general public.
(2)
Proposed plan's impact on the health, safety, and welfare of the surrounding properties.
(3)
Compatibility with the Township Master Plan.
(4)
Compatibility with the surrounding properties.
(5)
Proposed plan's benefit to the community as a whole.
(6)
Proposed plan's benefit to the surrounding properties.
(7)
Compliance with the terms and conditions stated herein throughout this section.
[1]
Editor's Note: Former § 400-41, Wind energy conversion systems, added by Ord. No. 81-14, was repealed 12-1-2008 by Ord. No. 2008-25.
§ 400-42 Soil requirements.
[Added by Ord. No. 84-4]
A.
Where there is a question as to the suitability of a lot for its intended use due to factors such as flood conditions, severely limited soils, or similar circumstances, the Planning Board may, after investigation, withhold approval of such lot or lots until such time as the subdivider has presented adequate proof to the satisfaction of the Planning Board that the lot or lots are suitable for the intended use or that the subdivider will employ construction techniques that will enable the applicant to negate any unsuitability to the satisfaction of the Township Engineer.
B.
If the soils of the site are not satisfactory for the intended construction, the plans shall be designed to eliminate or overcome the poor soils condition. The Township Engineer may require that soil borings be performed at the site at his direction in order to determine the extent of poor soils and subsoil groundwater conditions. The measures necessary to eliminate or compensate for these conditions must be approved by the Township Engineer. These measures may include, but are not limited to, underdrains, subbase outlet drains, and soil excavation and replacement with approved embankment material.
