Mannington Township
City Zoning Code
City Zoning Code
ARTICLE XII
Special Standards and Requirements
§ 70-49 Compliance required.
Each of the uses listed below shall meet the specified standards regardless of whether it is listed as a permitted use or conditional use in the specific zoning district. Compliance with these standards shall be considered by the Planning/Zoning Board in making a decision on a conditional use application. In addition to meeting these standards, the following uses must meet applicable site plan review requirements.
§ 70-50 Home occupation.
A.
A home occupation as defined by this chapter shall be permitted as an accessory use for a single-family detached dwelling unit in the specified zoning districts, provided that the following standards are observed:
(1)
The home occupation shall be operated by a family member residing on the premises. No more than two nonresident employees may be employed to assist in the profession, business, or service.
(2)
No more than 25% of the gross habitable floor area of the residential structure or more than 300 square feet of an accessory use shall be used or occupied by the home occupation. The minimum gross habitable floor area for residential dwellings shall be maintained.
(3)
Adequate off street parking shall be provided in accordance with the site plan review design standards. The parking shall not reduce the parking requirements of the residential structure and shall not encroach on any required yard areas.
(4)
The residential character of the lot, building, and area shall not be changed. No occupational sounds shall be audible at any property line and no equipment utilized which will result in radio or television interference. No goods or products may be displayed which may be visible from the street.
(5)
The sale of goods or commodities shall only be permitted if they have been produced on the premises or if they are incidental to a service provided on the premises.
B.
The Zoning Officer shall decide whether a use is a home occupation and meets the standards listed in this chapter. If the officer is unable to decide whether a proposed use is a home occupation or whether a use violates the standards of this section, the Planning/Zoning Board shall make the final determination.
§ 70-51 Farm markets.
[Amended 5-6-2010 by Ord. No. 10-03]
Farm markets, as defined in this chapter, may only be established in accordance with the Schedule of District Regulations[1] and in accordance with the following standards and regulations:
A.
The farm market shall be maintained in good repair consistent with generally accepted agricultural management practices.
B.
The farm market shall not display goods closer than 40 feet to a street line.
C.
One off-street parking space shall be provided for every 100 square feet of display area.
D.
A maximum of three nonilluminated signs shall be permitted with a maximum total sign area of 24 square feet. Signs shall not be permitted within 10 feet of any property or street line.
[1]
Editor's Note: The Schedule of District Regulations is included at the end of this chapter.
§ 70-52 Hunting, trapping, and skeet clubs.
A.
Any hunting, trapping, or skeet clubs shall be operated as nonprofit enterprises on a land parcel in excess of 100 acres.
B.
No part of an operation involving guns or target release equipment shall be located closer than 200 feet to a property line or closer than 350 feet to an existing residential use other than one incidental to the use itself.
C.
The Planning/Zoning Board may require the fencing of areas to prevent access to the property by children depending upon the nature of the use and the proximity to residences.
§ 70-53 Campgrounds.
A.
Campgrounds are only permitted as conditional uses. In addition to the site plan review requirements, all campgrounds must be designed in accordance with the following requirements:
(1)
A campground shall be located on a tract in excess of 50 acres and shall not exceed a gross density of five campsites per acre. The density calculation shall not include the buffer area required in Subsection A(2).
(2)
A buffer area shall be maintained of at least 200 feet from all street or property lines and 50 from any lake, pond, or stream. The purpose of this buffer area is to protect the natural condition of the site, to protect the integrity and purity of streams and other water bodies, to ensure natural surrounding for campers, and to preserve the right of adjoining property owners to enjoy the full use of their premises.
(3)
If the buffer area is not wooded, the developer shall provide natural screening as specified in Part 4, Site Plan Review, of this chapter and shall post a performance guaranty for the development of such a buffer prior to the issuance of any permits.
(4)
The campground shall be designed so as not to remove, change, harm or destroy any natural feature, natural drainage, or existing vegetation on the land prior to the establishment of a camp facility.
B.
All buildings, structures, and uses must conform to the standards and requirements, as amended from time to time, of the New Jersey Uniform Construction Code, as well as N.J.A.C. 8:22-1.1, et seq., the New Jersey Sanitary Code, Sub-Chapter 1, Recreational Sanitation (which regulates campgrounds).
C.
All campground applications shall be accompanied by a letter from the County Department of Health approving the applicant's plan for all health and sanitary facilities.
D.
Any permit issued for a campground shall be valid only so long as the camp design, density, and service facilities conform to the approved plot plan, Board of Health approved sanitary facilities, and any additional conditions specified by the Planning/Zoning Board. Such camps shall also comply with any applicable requirements of state, county and municipal agencies regarding health, sanitation, fire protection and other matters.
E.
The occupancy of any one unit shall not be permitted for more than five days out of any 30 days during the period from October 1 to April 1. The violation of this requirement shall be grounds for the revocation of the conditional use permit.
§ 70-54 Intensive fowl or livestock farms.
A.
In addition to the normal site plan information, the following information shall be provided to the approving authority prior to the establishment of intensive fowl or livestock operations:
(1)
The purpose of the operation and the manner in which animals or fowl would be housed or ranged.
(2)
The number, size, species and type of animals or fowl proposed to be kept and the number of each per gross acre.
(3)
The location of any outside fowl ranges or live stock pens or corrals.
(4)
The location of, and methods for the storage, disposal, or other utilization of liquid and/or solid wastes.
(5)
The design of any enclosures and the provisions for adequate lighting and ventilation.
(6)
A written opinion of the County Agricultural Agent concerning possible nuisance characteristics and the adequacy of measures proposed to deal with them.
(7)
A written report from the Soil Conservation District setting forth the adequacy of plans for liquid and/or solid waste disposal.
B.
Any intensive fowl or livestock farm shall be located on a land parcel having a minimum of 10 acres.
C.
Any closures or fenced run for the containment of fowl or livestock for feeding purposes or for the storage of animal waste on an intensive farm operation shall not be closer than 200 feet to any property or street line.
D.
The feeding of livestock upon garbage or similar refuse material, either cooked or uncooked, is specifically prohibited.
E.
Any certificate of occupancy shall remain valid only so long as the intensive fowl or livestock farm is operated in a nuisance-free manner in accordance with the above listed standards and any additional conditions imposed by the approving authority.
[Amended 6-7-1984 by Ord. No. 84-3]
§ 70-55 Land mining or earth extraction operations.
A.
Information. In addition to the information required for site plan review, any prospective earth extraction use shall submit the following information:
(1)
An accurate map at a scale of not less than 100 feet to the inch including:
(a)
The location of the production site, the excavation area, set backs from existing property and street lines, and proposed access roads.
(b)
Detailed topographic information (two-foot intervals) showing the existing surface contours and drainage patterns, and the proposed surface contours and drainage patterns following the termination of the excavation and restoration of the site.
(2)
A grading plan shall be submitted to indicate the extent and manner of excavation. The plan shall indicate the ultimate depth and the contours of the site during various stages of excavation.
(3)
Soil test borings shall be submitted for each five acres of excavation area. The borings shall be made from January 1 to April 30 to clearly indicate the seasonal high-water table.
(5)
An environmental impact statement which shall address the existing conditions at the site and the effect of the proposed activity upon those conditions, including any adverse environmental impacts and the method the applicant proposes to eliminate, mitigate, or minimize potential adverse impacts. The conditions to be addressed in the impact statement shall include topography, hydrology, geology, vegetation, wildlife, soils, historic sites, groundwater, surface water supply and quality, soil erosion and sedimentation, and air quality.
B.
Design standards. Any land mining operation shall meet the following standards:
(1)
Any tract of land proposed for earth excavation or land mining shall be at least 25 acres in area unless it is contiguous to land already used by an active land mining operation, in which case, it shall be at least 10 acres in area and coordination of restoration plans shall be required.
(2)
All excavations, land disturbance activities, or the stockpiling of material shall not be carried out or located closer than 200 feet to any property or street lines.
(3)
Haulage roads located within 200 feet of a public right-of-way or property used for residential purposes shall be paved with a dust proof surface.
(4)
Proof of legal right of access to land mining sites must be shown where no frontage on a public road or highway exists, and access easements or rights-of-way shall not pass through predominantly residential areas.
(5)
Provisions for earthen berms, landscaped buffer areas and fencing may be required depending on the nature of the operation, distance from developed areas, depth of pits and slope of pit walls.
(6)
In cases where the need is indicated, the Planning/Zoning Board may require water retention or stilling basins for flood and soil erosion control. These shall be constructed to standards supplied by, and to the approval of the Township Engineer. In addition, the developer shall comply with all applicable regulations of the county and state.
C.
Restoration. All excavation areas shall be restored according to the following restoration standards:
(1)
Land mining sites involving operations above groundwater shall be graded and filled to be two feet above the seasonal high-water table. The area should be properly graded to prevent erosion, sedimentation or standing water. Soil banks shall be left with a slope ratio not exceeding one foot vertical to three foot horizontal.
(2)
Excavations that result in ponds or lakes shall be restored in accordance with the recommendations provided by the Soil Conservation Service and shall be left with a slope ratio of one foot vertical to five foot horizontal, said slope to extend into the pond or lake to a minimum depth of five feet measured at low-water elevation. Any below water excavation shall have central portions to at least six feet deep in the driest season to avoid water stagnation. All such created lakes or ponds shall only be located in areas which meet the minimum percolation standards listed for retention basins in the design standards of Part 5, Land Subdivision.
(3)
All slopes and other dry excavated areas shall be graded and covered with topsoil, fertilized, mulched and reseeded so as to establish a firm cover of grass or other vegetation sufficient to prevent erosion. In the case of formerly wooded areas, restoration shall be accomplished in accordance with a planting scheme arranged in conjunction with the State Forester.
D.
Performance guaranty. Before any permit may be issued for any land mining operation, the owner/operator shall file with the Township Clerk a performance guaranty. This may be a performance bond issued by an insurance company authorized to do business in the State of New Jersey or may be any security, including cash, that is approved by the Township Committee. Such performance guaranty shall be in an amount sufficient in the opinion of the Planning/Zoning Board based on recommendations by the Township Engineer, to assure the rehabilitation of the site of operations, after having considered the area and depth of the excavation or proposed excavation along with any facts relevant to the cost of rehabilitating the site. Any performance guaranty shall be approved as to form by the Township Solicitor. Any such performance guaranty shall be accompanied by an agreement signed by the applicant, and landowner, if a different person, granting the municipality the right of access to perform all necessary rehabilitation of the site of operations in the event of forfeiture of the performance guaranty.
(1)
In the event of default, forfeiture shall be made by the Township Committee after finding of default by the Planning/Zoning Board after a public hearing held by the Planning/Zoning Board on not less than 10 days' written notice, mailed to the principal and surety at their last known post office addresses, which notice shall be complete upon mailing. Forfeiture shall also be made by the Township Committee upon a determination by the Planning/Zoning Board that a land mining operation has been abandoned, after a public hearing as provided above, or when, on the basis of a formal complaint, and after a public hearing as provided above, the Planning/Zoning Board finds that a public nuisance or hazardous condition has been permitted to exist for a period of 30 days by the owner or operator of a land mining operation after due notice thereof by the Construction Code Official or Zoning Officer.
(2)
The performance guaranty may be released by the Township Committee upon a finding by the Planning/Zoning Board of satisfactory restoration of the completed project area. Portions of the performance guaranty may be released by the Township Committee upon the finding of the Planning/Zoning Board that proportional stages of restoration have been accomplished in accordance with the above listed operating standards and restoration standards and with the terms of the permit.
(3)
All provisions to control natural drainage shall meet with the approval of the Township Engineer.
E.
Fees and escrow. Any applicant for a permit for a land mining operation shall, at the time of application, pay an initial application fee, plus a review fee deposit and any additional amounts as required by the Fee Schedule.[1] The Municipal Treasurer shall deposit a specified amount in a separate escrow account (which shall be a savings account) and carry under the municipality's trust fund section of the account on the books of the municipality as an escrow fund. Interest on said account shall be accumulated until it reaches $100, when it may be paid out to the party who made the deposit. Said fund shall be used to pay all attorneys' fees and engineers' fees in connection with the review of the application as well as all engineering and legal expenses to the Township before and after permit issuance in connection with the inspection, administration of all land mining permit and any enforcement proceedings. If this fund diminishes to less than $500 at any time, the holder of the permit shall, within 30 days of notification of same, deposit sufficient funds with the Municipal Treasurer to restore the escrow fund to a specified amount. If such deposit is not so made upon request, the permit shall become immediately void, and the Township Committee shall, upon notification of same, declare the performance guaranty forfeited. Upon termination of permit, and a finding by the Planning Board that complete restoration of the site in accordance with the above-listed operating standards and restoration standards have been met as well as all conditions of the permit complied with, any balance in said escrow account after payment of all applicable engineering and legal expenses, shall be returned to the party who made the deposit.
[Amended 6-4-1981 by Ord. No. O-5-18-81; 6-6-1996 by Ord. No. 96-01]
F.
Permits.
(1)
Duration. Permits for land mining operation shall be valid only for one year from the date of issuance, but upon formal application and the updating of information under Subsection A hereof and review by the Planning/Zoning Board, they may be renewed for unlimited additional periods of one year each. However, at the time of each renewal, the permit fee and the escrow requirements in effect at that time, shall be met as for a new application, and new conditions may be imposed. A land mining operation that has already been in existence and has operated under a permit issued prior to the time of the adoption of this amendment, shall not be required to supply soil test borings and an environmental impact statement for a new permit unless a substantial change is sought in the operation or in the site previously approved for eventual excavation.
(2)
Forfeiture. In the event of forfeiture of any performance guaranty required hereunder, any permit granted contingent upon such performance guaranty shall be automatically revoked and may not be renewed.
(3)
Nontransferability. Because of the nature of land mining operations, permits or certificates of occupancy are not transferable. Each proposed new operator must comply with all requirements and procedures of § 70-55.
[Amended 6-4-1981 by Ord. No. O-5-18-81][2]
[2]
Editor's Note: Original Section 3.21, as amended 12-29-1980 by Ord. No. O-12-19-80, which immediately followed this section, was deleted 6-7-1984 by Ord. No. 84-3
§ 70-56 Service stations.
A.
Information. In addition to the general site plan requirements of Part 4 of this chapter, the site plan submitted for a gasoline service station or repair garage shall include the following information:
(1)
The actual floor space and/or ground area to be devoted to or used for motor vehicle storage.
(2)
The number and location of fuel tanks to be installed, the dimensions and capacity of each storage tank, the depth the tanks will be placed below ground, and the number and location of dispensers to be installed.
(3)
The type and location of all principal and accessory structures to be constructed.
(4)
The location of any church, hospital, theater, library, public playground, athletic field, public or parochial school, firehouse, municipal building, existing service station or public garage or any other public or other building in which the public gathers within 1,000 feet of the proposed structure or use.
B.
Location.
(1)
No public garage or gasoline service station shall be located within 400 feet of any church, hospital, theater, library, public playground, athletic field, public or parochial school, firehouse, municipal building or any public or other building in which the public gathers.
(2)
No public garage or service station shall be within 200 feet of an existing public garage or gasoline service station.
(3)
The measurements contained herein shall be made between the two nearest points of the building structures and not between lot lines; provided, however, that the measurements between the public garage or gasoline service station shall be made between the nearest point of the structure and the nearest lot line of any athletic field or public playground. The term "structure," as used herein, shall include accessory structures such as dispensers and measurements contained herein shall be made between uses on the same or opposite side of the street.
C.
Design standards.
(1)
All gasoline service stations having no more than three dispensing pumps shall have a minimum frontage of 150 feet. There shall be an additional 25 feet of frontage provided for every three additional pumps or fraction thereof.
(2)
All gasoline pumps shall be located not less than 35 feet from any street or property lines.
(3)
All fuel tanks shall be installed underground and shall be located at least 35 feet from any street or property lines.
(4)
The site shall be properly screened and landscaped in accordance with the site plan review requirements.
(5)
Any building or buildings to be erected for use as a gasoline service station or public garage or in connection therewith shall be of masonry construction exclusive of ornamentation and roof.
D.
Standards and operation.
(1)
No gasoline service station or public garage shall accumulate or store any used parts or tires, whether for sale, storage or waste, on any portion of the premises, unless in the preliminary enclosed building.
(2)
All drainage, refuse, grease drippings, oily rags or other greasy or oily material shall be kept enclosed in metal containers approved by fire underwriters for disposal.
(3)
Any repair of motor vehicles shall be performed in a fully enclosed building and no motor vehicle parts, or partially dismantled vehicles shall be stored outside an enclosed building.
§ 70-57 Public utility uses.
A.
In addition to normal site plan review requirements, the applicant shall submit the following information:
(1)
A statement indicating the need and purpose of the installation.
(2)
Proof shall be furnished that the proposed installation in the location specified is necessary for the efficient and convenient operation of the public utility involved and for the satisfactory and convenient provision of service by the neighborhood or area in which the use is to be located.
B.
The design of any building in connection with said use shall conform to the general character of the area in which it is to be located. The applicant shall demonstrate that the proposed use will in no way adversely affect the safe and comfortable enjoyment of neighboring properties.
C.
Adequate screening and buffering shall be provided for all such uses to prevent glare or noise beyond the limits of the parcel.
§ 70-58 Kennels, animal hospitals, commercial stables and riding academies.
A.
Kennels or animal hospitals having open pens or cages shall be located on a land parcel of not less than five acres and shall be set back at least 200 feet from all lot lines. In cases where the use is to be carried on within a completely enclosed soundproof building, the Rural Residential District lot and yard requirements shall be observed.
B.
Commercial stables and riding academies shall be located on a land parcel of not less than 10 acres. All principal and accessory buildings used for the keeping of horses shall be set back a minimum of 300 feet from all property lines. No manure shall be stored within 100 feet of any property line.
§ 70-59 Migrant labor housing.
Migrant labor housing shall meet the following standards in addition to the other provisions of this chapter:
A.
Migrant labor housing must be located on the property of the farmer employing the farm laborers who occupy the migrant labor housing, and, in addition, such migrant labor housing must be located on the same tax lot on which is located the primary residential dwelling of the farmer who employs the farm laborers who occupy said migrant labor housing.
[Amended 8-2-2004 by Ord. No. 04-06]
B.
Occupancy of labor facilities shall be limited to migrant laborers and their dependents and shall not be permitted during the period of November 30 to January 31.
[Amended 6-1-1995 by Ord. No. 95-04]
C.
All labor structures shall be located not less than 100 feet from any street line, not less than 300 feet from any adjoining property line, not less than 500 feet from any residential dwelling located on an adjacent property, and not more than 2,000 feet from the lot's principal dwelling.
D.
Migrant labor facilities shall comply with all appropriate regulations of the State of New Jersey.
E.
All said facilities shall be maintained in good condition. Whenever a structure is deemed to be structurally unsafe or dilapidated, the Zoning Officer shall order the owner, in writing, to remove or repair the structure. The owner shall comply with the order within 30 days or be subject to the penalties stipulated in this chapter.
§ 70-60 Private or public swimming clubs.
A.
Organization.
(1)
Private and public swimming clubs shall be operated on a nonprofit, annual membership basis. Proof shall be furnished that the proposed use is a bona fide nonprofit activity organized solely for the use and enjoyment of the membership.
(2)
The maximum membership of the club shall be fixed at the time of application and shall be commensurate with the size of the parcel and the scale and facilities contemplated. No expansion of the membership shall take place subsequently without supplemental application to and approval by the Planning/Zoning Board.
B.
Design standards.
(1)
The parcel involved shall have a minimum lot size of three acres and shall have at least 200 feet of frontage.
(2)
No more than 25% of the lot shall be covered by impervious surfaces.
(3)
The pool, accessory structures and all accessory uses (including parking) shall not be located within 75 feet of any property line. All boundaries shall be screened as required by the site plan review design requirements.
(4)
All pools shall be surrounded by a fence at least six feet in height, the entrance to which shall be kept locked when the facility is unattended.
(5)
Any pool established in connection with public swimming clubs shall be constructed and operated according to the requirements of N.J.A.C. 8:26-1.1 et seq.
[Amended 7-31-2000 by Ord. No. 00-03]
§ 70-61 Planned shopping centers.
Planned shopping centers are listed as a conditional use and must meet the standards of this section as well as the conditional use procedures. The intent of this section is to permit attractive, planned shopping centers which are designed as an integrated unit.
A.
Sewer and water. Proposed planned shopping centers shall indicate that adequate provisions have been made for water supply and sewerage facilities. Shopping centers shall be connected to a municipal or regional utility authority or shall develop an adequate on or off-tract system. Applications which depend on public utility agencies shall submit a document indicating approval of these agencies and the availability of sufficient capacity to accommodate this project prior to site plan review. Developments which propose the establishment of water and sewer facilities shall submit documents indicating the approval of the design, construction, and manner of operation by the Township Engineer, County Department of Health, and the New Jersey Department of Environmental Protection.
B.
A minimum lot area of five acres shall be required for a planned shopping center. Such lot shall not have less than 400 feet of frontage on a public street and no structure shall be permitted within 150 feet of the street.
C.
Evidence shall be submitted indicating that at least four prospective tenants are interested in locating in such a facility.
D.
The maximum lot coverage of principal uses shall not exceed 25% of the lot area. The maximum lot coverage of both the buildings and impervious surfaces shall not exceed 85% of the gross lot area.
§ 70-62 Industrial use standards.
A.
Information. In addition to the other information required for site plan review, the applicant shall submit a detailed description of the proposed industrial facilities and the materials, processes, products, and by-products involved. Specific information shall be included concerning the potential impacts and the proposed control strategies with respect to the following:
B.
Standards of performance. No use shall be permitted within the Township which does not conform to the following standards of use, occupancy, and operations. The following standards are the minimum requirements to be maintained within the Township:
(1)
Noise:
(a)
For zoning districts other than industrial, there shall be no noise measured along the property line on which the use is located which shall exceed the values given in the following table:
Frequency Band in Cycles per Second | Average Sound-Pressure Level: Decibels, Re 0.0002 dyne-em | |
|---|---|---|
0 - 75 | 65 | |
75 - 100 | 50 | |
100 - 300 | 44 | |
300 - 600 | 38 | |
600 - 1,200 | 35 | |
1,200 - 2,400 | 32 | |
2,400 - 4,800 | 29 | |
4,800 and above | 26 |
(b)
For industrial zoning districts, there shall be no noise measured along the property line on which the use is located which shall exceed the values given in the following table:
Frequency Band in Cycles per Second | Average Sound-Pressure Level: Decibels, Re 0.0002 dyne-em | |
|---|---|---|
0 - 75 | 90 | |
75 - 100 | 82 | |
100 - 300 | 74 | |
300 - 600 | 68 | |
600 - 1,200 | 66 | |
1,200 - 2,400 | 62 | |
2,400 - 4,800 | 59 | |
4,800 and above | 56 |
(2)
Dust and vapors:
(a)
No emission which can cause any detrimental effect to human beings, animals, vegetation or property or which can cause noticeable soiling at any point shall be permitted.
(b)
No emission of liquid or solid particles from any chimney or otherwise shall exceed 0.3 grains per cubic foot of the covering gas at any point. For measurement of the amount of particles in gases resulting from combustion, standard correction shall be applied to a stack temperature of 500° F. and 50% excess air.
(3)
Smoke:
(a)
No smoke shall be emitted from any chimney or other source visible gray greater than No .1 on the Ringelmann smoke chart as published by the United States Bureau of Mines.
(b)
Smoke of a shade not darker than No. 2 on the Ringelmann smoke chart may be emitted for no more than four minutes in any 30 minutes.
(c)
These provisions, applicable to visible gray smoke, shall also apply to visible smoke of a different color but with an equivalent apparent opacity.
(4)
Odor. No emission of odorous gases or other odorous matter shall be permitted which is offensive at any lot boundary lines. Any process which may involve the creation or emission of any odors shall provide a secondary safety system so that control will be maintained if the primary safeguard system should fail.
(5)
Glare or heat. Any operation producing intense glare or heat shall be performed within an enclosed building or behind a solid fence or earthen berm in such manner as to be completely imperceptible from any point along the lot lines.
(6)
Vibration. No vibration which is discernible to the human sense of feeling shall be perceptible without instrument at any point beyond the lot line. Vibration which is not discernible to human sense but which is at low or high frequencies capable of causing discomfort or damage to life or property is prohibited beyond the property line and must be monitored and controlled within the property line to meet the standards of the Occupational Safety and Health Administration.
(7)
Toxic or noxious matter. No use shall, for any period of time, discharge any toxic or noxious matter in such concentration as to be detrimental to or endanger the public health, safety, comfort or welfare or cause injury or damage to property, business, marine life or wildlife.
(8)
Electrical disturbance. No activities shall be permitted (except domestic household appliance use) which produce electromagnetic interference in excess of standards prescribed by the Federal Communications Commission.
(9)
Fire and explosion hazards. No industrial use shall be permitted which will create an explosion or fire hazard to an adjacent use as determined by the New Jersey Inspection Bureau. Any industrial operation which requires the use of flammable materials shall enclose such materials in noncombustible walls and shall provide an adequate buffer area to prevent damage to adjacent property in case of an accident.
(10)
Outdoor storage:
(a)
No toxic waste, gas, or solid shall be stored outside of the structure in which it will be used unless it is stored on a surface impervious to the toxic waste and a suitable collection system is provided for any spillage or leaks. In no case shall the toxic waste containment be located directly on the earth or paved area.
(b)
Flammable or explosive liquids, solids, or gases shall be stored underground except for tanks or drums of fuel directly connected with energy or heating devices.
(c)
All outdoor storage facilities for fuel, raw materials and products shall be enclosed by a fence adequate to conceal the facilities from any adjacent properties.
(d)
No materials shall be deposited upon a lot in such form or manner that may be transferred off the lot by natural causes or forces.
(e)
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 enclosed in containers.
§ 70-63 Garden apartments and townhouses.
Garden apartments are permitted in the HR District, provided that the requirements of this section are met. The intent of this section is to permit multifamily development provided a sufficient market exists for this type of housing, that adequate provision is made for sewer and water facilities, and that the complex is properly designed.
A.
Housing market analysis. The applicant shall submit a housing market analysis which shall describe and demonstrate the need for said proposed project in terms of the Township and regional housing need. The region shall be limited to a ten-mile radius of the zoning district. Said analysis shall include data and information on vacancy rates, cost and location of other housing facilities within the Township and region, and an assessment of the local housing and employment market. The analysis shall reasonably indicate that the need for the type and cost of housing proposed does exist within the region. The absence of such demand shall be sufficient basis for rejection of a development proposal at a specific point in time.
B.
Sewer and water. Proposed developments must indicate that adequate provisions have been made for sewerage and water supply facilities. Developments shall be connected to a municipal or regional utility authority or shall develop such a system (on or off-site) to handle the project. Applications which depend on public utility agencies shall submit a document indicating approval of these agencies and the availability of sufficient capacity to handle this project prior to site plan review. Developments which propose the establishment of water or sewer facilities shall submit documents indicating the approval of the design, construction, and manner of operation by the Township Engineer, County Department of Health, and the New Jersey Department of Environmental Protection or any other affected public agencies. The applicant shall also indicate the eventual responsible agency for the operation and maintenance of the facility.
C.
Design standards. In addition to the site plan review requirements of this chapter, the following design standards shall be met by all proposed multifamily developments:
(1)
Parcel size. A minimum lot area of five acres shall be required for all multifamily developments with not less than 300 feet of frontage on an improved or proposed public street.
(2)
Density. The maximum number of dwelling units in any multifamily development shall be determined by the following table which indicates the required lot area per bedroom:
Unit Type | Lot Area Per Dwelling Unit (square feet) | |
|---|---|---|
1-bedroom of efficiency apartment | 3,500 | |
2-bedroom apartment | 4,000 | |
3- or more bedroom apartment | 4,500 | |
1-bedroom townhouse | 5,000 | |
2-bedroom townhouse | 5,500 | |
3-bedroom townhouse | 6,000 | |
4- or more bedroom townhouse | 6,500 |
(3)
Impervious surface. No more than 30% of the gross lot area shall be devoted to impervious surface exclusive of recreation areas or areas devoted to structures.
(4)
Open space. A minimum of 35% of the gross lot area shall be devoted to common open space. Dwelling doorways, buffer strips, and parking areas shall not be considered as common open space.
(5)
Recreation.
(a)
At least 10% of the gross lot area shall be developed for active recreation purposes. No one recreational area shall be less than 10,000 square feet in an area not less than 100 feet in its narrowest dimension.
(b)
All recreation areas and open space shall be improved by the developer including physical facilities, equipment, access walkways, and landscaping. The Planning/Zoning Board shall review the recreation plans and determine that it is suited to its intended use in terms of the environment and will meet the needs of the project's inhabitants. Not more than 50% of any active recreation area shall be within a defined floodplain.
(c)
Maintenance of the open space and recreational areas shall be the responsibility of the project owner, the townhouse owner, or the property owner's association. Enforcement of the maintenance of said areas shall be in accordance with the requirements of § 70-38E(10) of this chapter.
(6)
Open space adjacent to project buildings not surfaced as walkways, driveways, parking areas, utility areas, or other required improvements shall be graded and seeded to provide an adequate ground cover. A minimum of one deciduous tree and three evergreen shrubs or trees shall be provided for each dwelling unit. All such landscaping shall be located to minimize views from one unit to the other and shall be exclusive of those landscaping materials used in connection with parking, buffering, or other open areas. All such landscaping shall be subject to the approval of the Township Planning/Zoning Board and shall not supplant the need for a complete landscaping plan as part of site plan review.
(7)
Every building shall have a minimum setback of 50 feet from any public street or road and 25 feet from any private interior road, driveway, or parking area.
(8)
Buildings shall be located and designed in a manner that will result in residential clusters focused on landscaped common open space areas. Buildings located parallel to each other shall have a minimum distance of 100 feet between structures. Courtyards bounded on three or more sides by the wings of a single building or by the walls of separate buildings shall have a minimum distance between any two walls equal to one foot for each one foot of height of the tallest adjacent building or wall. A minimum distance shall separate all garden apartment dwelling structures.
(9)
Driveways, parking areas, lighting, buffer strips, landscaping and other requirements shall be designed in accordance with the appropriate standards of Parts 4 and 5 of this chapter.
(10)
The minimum gross habitable floor area of apartments and townhouses shall conform to the Building Standards of the Schedule of District Regulations, except that the minimum[1] floor area for a one-bedroom townhouse shall be the specified minimum for a single-family dwelling rather than the multifamily standard. For townhouses with more than one bedroom, the multifamily dwelling unit, minimum standard shall apply.
[1]
Editor's Note: The Schedule of District Regulations is included at the end of this chapter.
D.
The following regulations shall apply only to garden apartments:
(1)
There shall be no dwelling units or portions thereof located below the ground floor of the structure and there shall be no more than two stories in any structure.
(2)
There shall not be more than 16 dwelling units in any one building or structure.
(3)
Groups of four units shall be offset by at least five feet from groups of four other units within the same structure.
(4)
Entranceways to units shall not be combined and located within the structure. Entranceways shall be plainly visible from the street and/or adjoining units.
(5)
Sufficient laundry, storage, and other utility areas shall be provided in locations convenient to all applicants and shall be attached to a residential structure.
E.
The following regulations shall apply only to townhouses:
(1)
No less than four dwelling units nor more than 12 dwelling units shall be located in any structure containing townhouses.
(2)
Townhouses shall be entered by a separate ground level entrance for each dwelling unit.
(3)
Separate laundry facilities shall be provided within each unit.
(4)
Each townhouse dwelling unit shall be provided with a private rear yard of not less than 500 square feet which shall be screened or fenced to a height not less than five feet.
§ 70-64 Yard sales.
[Added 12-29-1980 by Ord. No. O-12a-4-80]
A.
"Yard sale" as used in this section shall mean a sale conducted by a resident of a dwelling, on the lot on which that dwelling is located, of used personal items, household and yard tools and appliances all of which have been owned throughout the six-month period immediately prior to the sale by residents of Mannington Township. Yard sale shall also mean a sale conducted by a religious, educational, social, or charitable organization on the lot on which its regular meeting is located, of used personal items, household and yard tools and appliances contributed by members or friends of the organization. Yard sales may include the sale of food items.
B.
A yard sale as so defined, may only be held during daylight hours for no more than two consecutive days and no more than one time per calendar year at any residence lot in Mannington Township or no more than two times per calendar year at any organization meeting place, for no more than two consecutive days each time.
C.
Yard sales conducted in accordance with this section of this chapter are permitted in all zoning districts in the Township.
§ 70-65 Small accessory buildings.
[Added 6-7-1984 by Ord. No. 84-3]
Accessory buildings with 100 square feet or less gross floor area are not permitted in any district unless they are properly anchored to prevent them from being displaced by wind, and such anchoring has been approved by the Township Zoning Officer. Such buildings are exempt from minimum setback regulations from rear lot lines.