Mansfield Township City Zoning Code
ARTICLE XII
Conditional Uses
§ 363-63 Generally.
A.
Before any permit is issued for a conditional use, applications shall be made to the approving authority. In reviewing the application, the approving authority shall review the number of employees or users of the property, the requirements set forth in this chapter, and shall give due consideration to elements which would affect the public health, welfare, safety, comfort, and convenience, such as, but not limited to, the proposed uses, the character of the area, vehicular travel patterns and access, pedestrianways, landscaping, lighting, signs, drainage, sewage treatment, potable water supply, utilities, and structural locations and orientations, and shall conduct a public hearing on the application. A conditional use shall be deemed to be a permitted use in the zoning district in which it is located, and each conditional use shall be considered as an individual case. In all requests for approval of conditional uses, the burden of proof shall be on the applicant. A conditional uses shall require site plan approval.
B.
In approving a conditional use, a time limit of one year from the date of the approval shall be set within which time the owner shall secure a building permit; otherwise, the approval shall be null and void.
C.
The approving authority shall not approve a conditional use unless it finds that the use meets all the requirements of this chapter, does not substantially impair the use and enjoyment of surrounding properties, and does not substantially impair the character of the surrounding area and is reasonably necessary for the convenience of the public in the location proposed.
§ 363-64 Public utilities and public or institutional uses.
A.
Public utilities and public or institutional uses, such as schools teaching academic subjects, hospitals, and federal, state and county buildings used for public purposes may be located in any of the residential zones if permitted by the approving authority as conditional uses, pursuant to N.J.S.A. 40:55D-67.
B.
A lot devoted to such use may contain more than one principal building, provided that such principal buildings are separated by a minimum of 25 feet and all applicable setback requirements are met.
C.
Where such conditional uses are permitted, all requirements for the zone involved shall be complied with, including, but not limited to, height, yards, minimum lot area, minimum floor area, off-street parking, signs, performance standards and site plan approval.
§ 363-65 Public garages.
A.
Permitted areas. A public garage or motor vehicle service station, while necessary, may be inimical to the public safety and welfare if located without due consideration of conditions and surroundings. No such use shall be permitted in any district other than the B-1 or B-2 Districts.
B.
Requirements. Anything in this chapter to the contrary notwithstanding, the approving authority shall not order, direct or authorize the use of any building, structure or premises as or for a public garage or service station unless:
(1)
The entrance and exit driveway or driveways are at least 24 feet wide but not more than 50 feet wide, 10 feet from adjoining property lines, and at least 50 feet from the corner of intersecting public streets. There shall be at least two driveways.
(2)
Every gasoline or oil tank, pump, lift, filling, greasing or other device, appliance or apparatus shall be located at least 30 feet from any street line and at least 20 feet from the side and rear lines of the premises.
(3)
The nearest boundary line of the lot or parcel of land to be so used shall be at least 300 feet from any boundary line of property which is used as, or upon which is erected:
(a)
A public or private school.
(b)
A church or other place of worship.
(c)
A hospital.
(d)
A public library, public art museum or other public building.
(e)
A theater or other building or structure used or intended to be used for motion picture, theatrical or operatic productions, or for public entertainment.
(f)
A public playground or civic center.
(g)
A firehouse or fire station.
(h)
An existing service station.
(4)
A landscaped buffer strip shall be established and maintained along all lot lines other than street lines. Such buffer strips shall be a minimum of 10 feet in width and shall meet the requirements prescribed in § 361-84.
(5)
The buffer strip required above shall also contain screening such as dense hedges, decorative fencing or landscaped earth berms as further prescribed in § 361-85.
(6)
The site plan shall show 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 finished grade, the number and location of pumps to be installed, the type of structure and accessory buildings to be constructed and the number of automobiles which are to be garaged.
(7)
Accessory goods for sale may be displayed out of doors on the pump islands and the building island only. The outdoor display of oil cans and/or antifreeze and similar products may be on the above islands only if contained within a suitable stand or rack, but shall not include tire racks or sheds. Tires shall be stored only inside the principal building or in the waste materials area, except that two tires may be displayed on the building island only. No vending machines shall lie located out of doors.
(8)
The sale of used motor vehicles as an accessory use to the principal use of a public garage or service station shall be permitted, provided that no more than five such vehicles are stored on the premises at any one time. Storage shall be within the minimum required accessory building setback from all property and street lines, and all requirements of this chapter with respect to signs and screening of outdoor display areas shall be met. This provision shall not be construed to permit the storage of unlicensed, unregistered motor vehicles, which shall be regulated by a separate ordinance of the Township.
(9)
The entire area of the sight traveled by motor vehicles shall be paved in accordance with the provisions of these land use chapters.
(10)
Any repair of motor vehicles shall be performed in a fully enclosed building.
§ 363-66 Outdoor recreational facilities.
A.
Permitted areas. Recognizing that outdoor recreational facilities, while desirable, may be inimical to the public health, safety and general welfare, if located and conducted without due consideration of conditions and surroundings, the approving authority may authorize such uses for the A and R-1 Districts.
B.
Requirements. The approving authority shall not order, direct or authorize the issuance of a permit for the establishment and maintenance of an outdoor recreational facility unless:
(1)
The applicant has filed with the approving authority a certificate from the Warren County Health Department approving the proposed sanitary and water supply facilities.
(2)
All outdoor recreational facilities and improvements, including roadways, shall be located at least 100 feet from each property line and street line and shall also be at least 250 feet from any residence, other than a residence situated on the property, in existence at the time of the application.
(3)
In addition to the buffer areas required in Subsection B(2) hereinabove, all parking areas shall be fully screened from view from all property lines and street lines through the use of appropriate plantings.
(4)
There shall be no advertising by the display of signs or billboards, except that there may be displayed no more than three signs whose total area shall not exceed 30 square feet, provided that such sign or signs may contain only the name of the establishment and the name of its proprietor or owner.
(5)
Required off-street parking shall be calculated based upon maximum utilization of the outdoor recreational facility with the objective of preventing any incidence of parking on public streets in the Township. However, where such maximum utilization is irregular and occasional and significantly varies from the average daily utilization, overflow parking areas may be provided which need not be paved if, in the opinion of the Board, their use will be infrequent enough to allow the maintenance of a healthy grass surface. Such overflow parking areas shall be planted in grass and shall be mowed, replanted and otherwise suitably maintained at all times.
(6)
Lighting shall be limited to that minimally required for safety. All lighting shall be focused away from property lines and street lines. The Board may establish fixed hours of operation to limit disturbance to surrounding residential areas.
(7)
The Board may impose such other conditions as it may deem appropriate with respect to, among other matters, traffic and parking arrangements, the amount of off-street parking, lighting, appearance and landscaping.
§ 363-67 Private campgrounds.
A.
Permitted areas. Recognizing the recent increase in family camping activities for recreational, educational and vacation purposes as stimulated by the development of modern equipment, including camp trailers and travel trailers, as well as the growing awareness of the need for conservation and an appreciation of the outdoors, and further recognizing that private campgrounds used for temporary occupation by tents, travel trailers and the like may be inimical to the public health, safety and general welfare, if located and conducted without due consideration of conditions and surroundings, the approving authority may authorize the establishment of private campgrounds as conditional uses in the A and R-1 Districts.
B.
Requirements. The approving authority shall not order, direct or authorize the issuance of a permit for the establishment and maintenance of a private campground unless the following standards and conditions are met:
(1)
No campground containing less than 20 contiguous acres shall be authorized.
(2)
The applicant shall file with the approving authority a copy of the approval of the facilities by the State Department of Health as required by Chapter XI of the New Jersey State Sanitary Code. Any permit issued by the Zoning Officer in accordance with the provisions of this chapter shall be considered to be subject to such approval.
(3)
There shall be no more than three private campgrounds located within the Township.
(4)
The boundary lines of all campgrounds shall be clearly marked so as to prevent campers from trespassing upon adjoining lands.
(5)
All campsites and campground facilities, including roadways, shall be located at least 100 feet from all campground property and street lines and shall also be at least 250 feet from any residence, other than a residence situated on the campground, in existence at the time of the application.
(6)
The density of campsites in a campground shall not exceed an average of five campsites per acre. Each campsite shall provide a minimum of 2,000 square feet of space.
(7)
No campsite shall accommodate more than three camping units or a single camping vehicle occupied by persons within the same party. In no case shall the total number of overnight occupants of the campground exceed a density of 40 persons per acre.
(8)
Campsites may be equipped with permanent platforms constructed by the owner. With the exception of canvas awnings or screened enclosures, which are normal camping equipment, and temporary platforms, all of which must be removed when the camping unit is removed, construction of this nature may not be done by campsite occupants. Permanent or semipermanent huts or other living room additions to camping units shall not be permitted.
(10)
Except during June, July, August and September, unoccupied camping units and equipment shall not be permitted to remain on any campsite.
(11)
There shall be no advertising by the display of signs or billboards, except that there may be displayed no more than three signs whose total area shall not exceed 30 square feet, provided that such sign or signs may contain only the name of the establishment and the name of its proprietor or owner and are deemed by the Board to be necessary for the operation of the campground.
(12)
Occupancy of any campsite in a particular campground by the same person or persons shall not be permitted for more than 15 consecutive days in any month during the period from October 1 to May 1.
(13)
Potable water capable of supplying a total capacity of at least 100 gallons per campsite per day shall be provided at one or more locations in every campground.
(14)
Privies and pit toilets shall not be permitted.
(15)
Vending machines may be permitted within the campground but shall be for use by campers only.
(16)
The owner of the campground shall maintain a current register of campers.
(17)
The campground shall include one dwelling unit which shall be occupied throughout the year by the owner or proprietor or a responsible representative thereof.
(18)
The Board may impose such conditions as it may deem appropriate with respect to, among other matters, traffic and parking arrangements, the amount of off-street parking, lighting, appearance and landscaping.
§ 363-68 Churches.
A.
Permitted areas. Churches shall be permitted on all A, R-1, R-2, B-1 and B-2 Districts, providing due consideration is given by the approving authority to conditions on the site and in the surrounding area.
B.
Requirements. Anything in this chapter to the contrary notwithstanding, the approving authority shall not order, direct, or authorize the use of any building, structure or premises as a church unless:
(1)
The minimum lot area is 60,000 square feet.
(2)
The maximum floor area ratio for all buildings shall be 25%.
(3)
The maximum site coverage shall be 50%.
(4)
No church building shall be located within 75 feet of a street right-of-way line nor within 25 feet of a property line.
(5)
No parking shall be located within 25 feet of any property line.
(6)
No parking shall be located in the front yard.
(7)
Parking shall be screened from view from all property lines.
§ 363-69 Home occupations on lots of 40,000 square feet or less.
A.
Permitted areas. Home occupations are permitted in the A, R-1 and R-2 Districts as accessory uses to the principal residential use of a lot. However, on smaller lots, due consideration shall be given to the conditions on the site and in the surrounding area.
B.
Requirements. Where permitted as a conditional use, home occupations may be carried out within a dwelling or accessory building by members of the family residing therein, provided that the following shall apply:
(1)
No more than two persons shall be employed on the premises.
(2)
No such use shall alter the character of the residential area in which it is located.
(3)
No more than 50% of the floor area of one floor or 500 square feet, whichever is the lesser, shall be issued for such home occupation use.
(5)
All parking and loading requirements shall be complied with for the particular use and shall be constructed within the minimum required setbacks.
(6)
The lot on which the home occupation is to be established shall be of sufficient size in order that the proposed use can comply with all the zoning requirements for the use, including, but not limited to, parking, setbacks and buffer areas.
§ 363-70 Raising and keeping of livestock on lots of 40,000 square feet or less.
A.
Permitted areas. Raising and keeping of livestock shall be permitted in the A, R-1 and R-2 Districts as an accessory use to the principal residential use of a lot. However, on smaller lots, due consideration shall be given to the conditions on the site and in the surrounding areas.
B.
Requirements. Where permitted as a conditional use, raising and keeping of livestock may be carried out, provided that the following shall apply:
(1)
No more than one animal weighing in excess of 200 pounds shall be permitted per premises.
(2)
No more than 40% of the lot shall be devoted to shelter or containment of livestock, and all livestock shall be appropriately contained.
(3)
Livestock shall not be sheltered or contained within the front yard.
(4)
Any building used to shelter livestock shall meet the requirements of the applicable zone for accessory structures. In no case shall such building be closer to any lot or street line than 25 feet.
§ 363-71 Recycling establishment.
[Added by Ord. No. 07-95]
B.
Neither the storage nor the processing of any material shall be permitted outside.
C.
At no time shall any hazardous waste as defined by the current New Jersey Department of Environmental Protection regulations or laws of the state be received, stored, processed or transferred at the recycling center.
D.
Only the amount of material which can be processed by the recycling establishment within one month's period shall be stored on site. Processing of material shall be completed within a one-month period unless otherwise determined by the Planning Board pursuant to Subsection G. Materials brought to the site shall not remain on the site in excess of one month without being processed. Residue remaining after processing shall not be stored on the site for periods exceeding one month and shall be removed from the site in accordance with the currently effective solid waste flow rules promulgated by the New Jersey Department of Environmental Protection. It is the intention of this section that recycling establishments maintain a continuous flow of materials through the receipt, storage, processing or transferring and removal in order to avoid unreasonable accumulations of preprocessed materials, processed materials and residue materials.
E.
The applicant shall demonstrate no significant impact on the environment by compliance with § 361-26 and submission of a completed environmental impact statement. In no event shall the option of an environmental appraisal be available for this conditional use.
F.
The Planning Board shall determine that the following additional specific performance standards shall be met:
(1)
The receipt, storage, processing or transfer of recyclable material shall be conducted in a manner consistent with the protection of public health, safety and the environment.
(2)
The length of time required for processing of materials shall not exceed that which is reasonably necessary as dictated by the process (mechanical, natural, etc.) used to recycle the material.
(3)
The activity shall minimize the degradation of existing lifestyles of residents of the community. This shall be determined based on the effect on existing transportation patterns, ambient acoustical conditions, drainage and soils characteristics, surface and groundwater quality, and odor production and similar conditions.
(4)
All materials brought onto the site are to be removed and no material is to be retained or used on the site in such a manner that it would prohibit removal.
§ 363-72 Adult retirement communities.
[Added 8-8-2001 by Ord. No. 2001-16]
A.
Permitted areas. Adult retirement communities shall be permitted in all zones, provided the following conditions are met based on specific findings by the Planning Board. These shall be considered to be those findings which are required to be made pursuant to N.J.S.A. 40:55D-67:
(1)
That the minimum gross tract area available for any ARC development shall be 70 acres;
(2)
That the tract must be located within an existing sewer service area or area proposed for public or community sewage disposal system as shown on the Existing and Proposed Sewer and Water Service Areas Map in the current Master Plan. Every building within the ARC development shall be connected to a public sewage disposal and central potable water system, as approved by the Planning Board. Additionally, the area utilized for open space shall have public sewage and central potable water services made available by the developer of the ARC. The sewage and water capacity provided shall be sufficient to accommodate the uses as approved by the Planning Board;
(3)
That the tract has access to either a major collector or major arterial road as shown on the Circulation Plan - Road Classification Map in the current Master Plan;
(4)
That the planned adult retirement community (ARC) is designed as a single entity; and
(5)
That no less than 35% of the gross tract acreage shall be set aside as common area or open space area, which area shall be distributed throughout the development and which area may be improved with only those buildings, structures, and off-street parking and other improvements that are designed to be incidental to the use of the common area or open space area.
B.
Permitted principal uses. Principal permitted uses shall consist of the following:
(1)
Single-family detached dwellings, with attached garages.
(2)
Retail business, service and office uses consisting of the following:
(a)
Uses shall be strictly limited to convenience commercial facilities designed primarily to service residents of the ARC development, consisting only of uses as follows:
[1]
Retail business operations dispensing grocery, food, pharmaceutical, drug and stationery supplies and optical, jewelry and gift items, as well as banks and restaurants, other than drive-in restaurants.
[2]
Professional offices of medical doctors, dentists, chiropractors, lawyers, financial planners and accountants.
[3]
Service establishments of barbers, beauticians, laundromat operators, dry cleaners, photographic studios, shoe repair shops, garment pressing, tailor shops and medical and health services, excluding veterinarian services.
C.
Permitted accessory uses. Accessory uses permitted shall consist of the following:
(1)
Model home(s) for dwellings to be sold only within the project;
(2)
Sales office of a temporary nature not to extend beyond the occupancy of the last dwelling in the project and to be solely used for sale of properties within the ARC;
(3)
Recreational and cultural facilities for the sole use of the residents of the community and their guests, including but not limited to clubhouse, swimming pool, library, media center, court games, picnic areas and other active and passive recreation facilities.
(4)
Construction office and/or trailer for the duration of the construction of the project.
(5)
The following subordinate uses exclusively and solely devoted to the use and benefit residents of the ARC:
D.
Design requirements. Each adult retirement community shall be designed in accordance with the standards set forth in the appropriate sections of Chapter 362, Subdivision and Site Plan Review, except that in addition the following requirements shall apply to the ARC:
(1)
Bulk requirements.
(a)
Entire tract. The following requirements shall apply to the total contiguous portion of the tract; noncontinuous portions of the tract shall not be included in the tract area for the purposes of meeting the following:
[1]
Maximum gross density: four dwelling units per acre.
[2]
Yards shall be as follows:
[a]
Lot frontage: 500 feet; provided, however, that the frontage may be reduced to 300 feet if the developer has authority for adjoining property to install appropriate auxiliary lanes on the roadway giving access to the property.
[b]
Front yard: 100 feet.
[c]
Buffer: minimum of 50 feet around perimeter of entire tract.
[4]
Maximum building height: 35 feet or two stories, whichever is less.
[5]
Retail and service uses and professional offices limited to a maximum of 100 square feet per dwelling unit in the ARC.
(b)
Individual building lots shall meet the following requirements:
[1]
Lot size shall be 6,000 square feet.
[2]
Lot coverage shall not exceed 45%.
[3]
Lot frontage shall be a minimum of 50 feet.
[4]
Lot width shall be a minimum of 60 feet.
[5]
Lot depth shall be a minimum of 100 feet.
[7]
Minimum distance between buildings: 15 feet.
[8]
Corner lots may have their front yard reduced for the minor frontage to 15 feet where no other buildings within the block along which the minor frontage lies or directly across the street therefrom have a major frontage.
(2)
Utilities.
(a)
All utility lines, including power, telephone and cable television lines, shall be installed underground and adequately shielded.
(b)
Fire hydrants shall be installed by the developer in adequate numbers and at locations recommended by the Township Engineer and Fire Chief.
(c)
On-site public utilities facilities may serve off-site uses as permitted by the Planning Board.
(3)
Architecture and construction.
(a)
The architecture employed shall be aesthetically congruous among structures, phases and sections of the ARC development, as well as with the surrounding area as approved by the Planning Board.
(b)
All exteriors of building perimeter walls shall be of wood, brick, stone, vinyl siding or other accepted durable material; provided, however, that asbestos shingle or cinder block as an exterior finish is prohibited.
(c)
The exterior of accessory structures shall harmonize architecturally with and be constructed of materials of like character to those used in principal structures.
(d)
In order to promote the development of harmonious streetscapes, the design of individual detached units shall utilize a suitable variety of different exterior finish materials and employ altering design of facades. Adjoining dwellings shall be either distinctly different models or have distinctly different facades with distinctly different finish materials throughout.
(4)
Parking and loading.
(a)
Parking. All parking shall conform to the requirements of Article XII of Chapter 361, except as follows:
[2]
Additional parking shall be provided at a ratio of a minimum of one space for each dwelling unit, for guest parking, and shall be dispersed evenly and uniformly and conveniently throughout the tract. On-street parking may be utilized to satisfy this requirement.
[3]
Additional parking shall be provided at the clubhouse or community building with a minimum of 1 space per 200 square feet of building area.
[4]
Detached garages are prohibited.
[5]
No boats or recreational vehicles shall be stored outside on individual lots with dwellings. An off-street parking lot shall be provided for such vehicles at the ratio of one parking space for each 20 dwelling units. Each parking space shall be a minimum of 15 feet wide by 35 feet long, which shall be accessed by aisles sufficiently wide to allow parking and removal of vehicles without damage to adjoining parked vehicles.
(5)
Internal circulation.
(a)
Vehicular access.
[1]
No direct access to any residential unit shall be permitted from any public street or highway at the perimeters of the ARC tract.
[2]
Access shall be discouraged from any public through road within the ARC tract. However, where the Planning Board finds that, due to the application of specific design and construction techniques [e.g., curvilinear layout, significant street landscaping and street furniture, on-street parking limitations], such access may be permitted by the Board.
(b)
Pedestrian circulation.
[1]
There shall be an adequate system of pedestrian walks serving all facilities within the development, providing access to residential units, accessory structures, parking areas, open spaces, commercial facilities, recreational and other communal facilities and along vehicular roadways as deemed necessary by the Planning Board.
[2]
A system of bike paths shall be provided throughout the ARC to allow access to all facilities.
(6)
Landscaping.
(a)
Purpose.
[1]
Landscaping shall be provided as part of site plan and subdivision design. It shall be conceived in a total pattern throughout the site, integrating the various elements of site design, preserving and enhancing the particular identity of the site and creating a pleasing site character.
[2]
Landscaping may include plant materials such as trees, shrubs, ground cover, perennials and annuals and other materials such as rocks, water, sculpture, art, walls, fences, and building and paving materials.
(b)
Landscaping plan. A landscaping plan shall be submitted with each site plan application, unless an exception is granted. The plan shall identify existing and proposed trees, shrubs, ground cover, natural features, such as rock outcroppings, and other landscaping elements. The plan should show where they are or will be located and planting and/or construction details. When existing natural growth is proposed to remain, the applicant shall include in the plans proposed methods to protect existing trees and growth during and after construction.
(c)
Site protection and general planting requirements.
[1]
Removal of debris. All stumps and other tree parts, litter, brush, weeds, excess or scrap building materials or other debris shall be removed from the site and disposed of in accordance with the law. No tree stumps, portions of tree trunks or limbs shall be buried anywhere in the development. All dead or dying trees, standing or fallen, shall be removed from the site. If trees and limbs are reduced to chips, they may, subject to approval of the Planning Board Engineer, be used as mulch in landscaped areas. A developer shall be exempt from these provisions, however, and shall be permitted to dispose of site-generated new construction wastes on site as long as the conditions set forth in N.J.A.C. 7:26-1.7 are met.
[2]
Protection of existing plantings. Maximum effort should be made to save fine specimens (because of size or relative rarity). No material or temporary soil deposits shall be placed within four feet of shrubs or 10 feet of trees designated to be retained on the preliminary and/or final plat. Protective barriers or tree wells shall be installed around each plant and/or group of plants that are to remain on the site. Barriers shall not be supported by the plants they are protecting, but shall be self-supporting. They shall be a minimum of four feet high and constructed of a durable material that will last until construction is completed. Snow fences and silt fences are examples of acceptable barriers.
[3]
Slope plantings. Landscaping of the area of all cuts and fills and/or terraces shall be sufficient to prevent erosion, and all roadway slopes steeper than one foot vertically to three feet horizontally shall be planted with ground covers appropriate for, the purpose and soil conditions, water availability and environment.
[4]
Additional landscaping. In residential developments, besides the screening and street trees required, additional planting or landscaping elements shall be required throughout the subdivision where necessary for climate control, for privacy or for aesthetic reasons in accordance with a planting plan approved by the Planning Board and taking into consideration cost constraints. In nonresidential developments, all areas of the site not occupied by buildings and required improvements shall be landscaped by the planting of grass or other ground cover, shrubs and trees as part of a site plan approved by the Planning Board.
[5]
Planting specifications. Deciduous trees shall have at least a two-inch caliper at planting. Wherever possible, on-site vegetation shall be used to meet the requirements of this section. Where on-site vegetation is insufficient to meet the requirements, nursery-grown materials shall be acceptable. All trees, shrubs and ground cover shall be planted according to acceptable horticulture standards. Dead or dying plants shall be replaced by the developer during the following planting season.
[6]
Plant species. The plant species selected should be hardy for the particular climatic zone in which the development is located and appropriate in terms of function and size.
(d)
Buffering.
[1]
Screening. Those setbacks required under Subsection D(1)(a) function as landscaped buffer areas and shall not contain any building, structure or improvements other than for necessary access into the interior of the portion of the tract as delineated and as approved by the Planning Board; provided, however, that customary driveways leading to attached garages are permitted within the setback required under Subsection D(1)(a).
[2]
Function and materials. Buffering shall provide a year-round visual screen in order to minimize adverse impacts from a site on an adjacent property or from adjacent areas. It may consist of fencing, evergreens, berms, rocks, boulders, mounds or combinations of these to achieve the stated objectives.
[3]
When required. Buffering shall be required. When topographic or other barriers do not provide reasonable screening and when the Planning Board determines that there is a need to shield the site from adjacent properties and to minimize adverse impacts such as: incompatible land uses, noise, glaring light and traffic. In small-lot developments, when building design and siting do not provide privacy, the Planning Board may require landscaping, fences or walls to ensure privacy and screen dwelling units. When required, buffers shall be measured from side and rear property lines, excluding access driveways.
[a]
Where more intensive land uses abut less-intensive uses, a buffer strip of 25 feet (but not to exceed 10% of the lot area in width) shall be required.
[b]
Parking areas, garbage collection and utility areas and loading and unloading areas should be screened around their perimeter by a buffer strip a minimum of five feet wide.
[c]
Where residential subdivisions abut higher-order streets (collectors or arterials), adjacent lots should front on lower-order streets, and a landscaped buffer area shall be provided along the property line abutting the road. The buffer strip shall be a minimum of 25 feet to 35 feet wide or wider (but not to exceed 10% of the lot area) where necessary for the health and safety of the residents, and include both trees and shrubs.
[4]
Design. Arrangement of plantings in buffers shall provide maximum protection to adjacent properties and avoid damage to existing plant material. Possible arrangements include planting in parallel, serpentine or broken rows. If planted berms are used, the minimum top width shall be four feet, and the maximum side slope shall be 2:1.
[5]
Planting specifications. Plant materials shall be sufficiently large and planted in such a fashion that a screen at least eight feet in height shall be produced within three growing seasons. All plantings shall be installed according to accepted horticulture standards.
[6]
Maintenance. Plantings shall be watered regularly and in a manner appropriate for the specific plant species through the first growing season, and dead or dying plants shall be replaced by the applicant during the next planting season. No buildings, structures, storage of materials or parking shall be permitted within the buffer area. Buffer areas shall be maintained and kept free of all debris, rubbish, weeds and tall grass.
E.
Open space and recreational improvements. The developer of the ARC shall set aside lands so delineated for permanent open space in private ownership, which shall include improvements for use by the residents as follows.
(1)
There shall be in each ARC a minimum of one community or clubhouse building containing at least 10 square feet of floor area for each dwelling unit.
(2)
Uses as deemed appropriate by the Planning Board to serve expected populations.
(a)
Lands in private ownership shall be developed and used by the owners and residents of the ARC, as well as members of the general public who may be permitted use of these facilities only for recreational purposes, and shall include the following recreation amenities:
[1]
A minimum of eight picnic areas;
[2]
Nature trails suitably improved, traversing and linking all recreation amenities in the permanent open space areas;
[3]
Four tennis courts;
[4]
One swimming pool of Olympic size, with changing cabanas and a clubhouse of sufficient size to accommodate the residents of the ARC as well as the general public as permitted; and
[5]
Four horseshoe pits and shuffleboard courts.
(b)
The Planning Board shall have the power to grant such exceptions from the above requirements as may be reasonable if the literal enforcement of one or more provisions is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.
(3)
Area. That portion of the tract delineated by the overall site, whether designated for public or private ownership, shall have a contiguous area of not less than 15% of the tract area. This open space specifically does not include private open space incorporated in yards for attached or detached dwellings and semiprivate open space for the use and enjoyment of residents of the institutional facilities and their guests.
(4)
Outdoor activities. Except for off-street parking as herein regulated, each permitted use shall be conducted within a completely enclosed building. No storage or display of merchandise, articles, vending machines or equipment shall be permitted outside any building. Mechanical equipment or trash storage facilities necessary for the operation of a permitted use shall be fenced or screened as required by the Planning Board.
F.
Open space organization.
(1)
The developer of the ARC shall provide for the establishment of an open space organization pursuant to the following provisions:
(a)
The organization shall own and maintain lands and improvements designated on the development for open space or common facilities for the benefit of owners and residents of the ARC. Such organization shall not be dissolved and shall not dispose of any lands and/or improvements, by sale or otherwise, except to an organization conceived and established to own and maintain the land and improvements, for the benefit of the ARC development, and thereafter such organization shall not be dissolved or dispose of its holdings without first offering to dedicate the same to the Township of Mansfield.
(b)
In the event that such organization shall fail to maintain its premises in reasonable order and condition, the governing body may serve written notice upon such organization or upon the owners of the development setting forth the manner in which the organization has failed to maintain the land and improvements in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be remedied within 35 days thereof and shall state the date and place of a hearing thereon which shall be held within 15 days of the notice. At such hearing, the governing body may modify the terms of the original notice as to deficiencies and may give a reasonable extension of time, not to exceed 65 days, within which they shall be remedied. If the deficiencies set forth in the original notice or in the modification thereof shall not be remedied within said 35 days or any permitted extension thereof, the governing body, in order to preserve and maintain the premises for a period of one year, may enter upon and maintain such land and improvements. Said entry and maintenance shall not vest in the public any rights to use the premises except when the same is voluntarily dedicated to the public by the owners. Before the expiration of said year, the governing body shall, upon its initiative, or upon the request of the organization theretofore responsible for the maintenance of the premises, call a public hearing upon 15 days' written notice to such organization and to the owners of the development, to be held by the governing body, at which bearing such organization and the owners of the development shall show cause why such maintenance by the Township shall not, at the election of the Township, continue for a succeeding year. If the governing body shall determine that such organization is ready and able to maintain said premises in reasonable condition, the Township shall cease to maintain said premises at the end of said year. If the governing body shall determine that such organization is not ready and able to maintain said premises in a reasonable condition, the Township may, in its discretion, continue to maintain said premises during the next succeeding year, subject to similar hearing and determination in each year thereafter. The decision of the governing body in any such case shall constitute a final administrative decision subject to judicial review.
(c)
The cost of such maintenance by the Township shall be assessed pro rata against the properties within the development, the owners of which have the right of enjoyment of the premises, in accordance with assessed value at the time of imposition of the lien and shall become a lien and tax on said properties and be added to and be a part of the taxes to be levied and assessed thereon, and shall be enforced and collected with interest by the same officers and in the same manner as other taxes.
G.
Age restriction compliance.
(1)
Age restrictions. Each dwelling unit in the ARC development must be occupied by one permanent resident 55 years of age or older. No permanent resident shall be under 23 years of age or younger. One temporary resident who provides necessary health care to a permanent resident of the dwelling units may be 21 years of age or older, provided that such individual may not be accompanied by any person(s) intending to reside at the premises of the unit temporarily or otherwise.
[Amended 5-28-2008 by Ord. No. 2008-06]
(2)
Certification of compliance. As a condition of preliminary and final site plan/subdivision approval, a developer in the ARC District shall submit a certification of compliance acceptable to the Planning Board which states that the developer is in compliance with the requirements of the Fair Housing Amendment Act of 1988 and will be in compliance to the extent possible and feasible with such further amendments of the Fair Housing Act as are applicable. The certification of compliance shall also contain a hold harmless and indemnification provision protecting the Township of Mansfield from any and all civil rights or other lawsuits arising out of the developer's or its successor in title's failure to comply with the Fair Housing Amendment Act of 1988 and amendments thereto.
(3)
Prior to the issuance of certificates of occupancies as required under § 360-16 as a condition of an initial or a change in the occupancy, tenancy or nature of use, the Zoning Officer shall verify compliance with the age restrictions, established by Subsection G(1) above, for residents of the ARC. Upon application for a certificate of occupancy, all prospective occupants of the respective residential or institutionalized-care units shall furnish conclusive proof of age, such as a certified birth certificate, to the Zoning Officer.
H.
Deed restrictions.
(1)
Any conveyance of property or property rights by the developer, its successors or assigns in an ARC Zone must contain deed restrictions which put the transferee on notice that the occupancy of property in the ARC Zone is age-restricted. Further, additional notice must be given that a certificate of occupancy issued by the Mansfield Township Construction Official is required each time before occupancy, tenancy or use may commence or change.
(2)
Prior to the sale of any units within the ARC, the developer shall execute and record a declaration of covenants and restrictions as approved by the Planning Board, by the terms of which all lands within the ARC and the owners thereof shall be, at all times, bound to certain uniform requirements and standards for the maintenance and repair of the common elements and limited common elements as defined in N.J.S.A. 46:8B-1 et seq.
(3)
The deed of conveyance for all residential units in the ARC Zone shall, among other things, provide that:
(a)
No exterior alterations or improvements shall be made to a unit without prior approval of the association of homeowners created in the declaration of covenants and restrictions.
(b)
The maintenance of the common elements and limited common elements shall be the responsibility of the association of homeowners created in the declaration of covenants and restrictions.
(c)
There shall be no detached accessory structures permitted on the premises.
(d)
There shall be no satellite dishes or swimming pools or the parking of trailers, boats or commercial vehicles, other than in enclosed garages, on the premises.
I.
Construction scheduling and permits. In order to assure that the required elements of the ARC as listed under Subsection B of this section are developed in proper phasing sequence, the following schedule shall be complied with:
(1)
No construction. Permit for any construction on the ARC tract shall be issued until the establishment and disposition of the open space parcel as outlined above shall have previously been accomplished.
(2)
All recreation facilities and community building(s) shall be fully operational prior to the issuance of 100 certificates of occupancy or the issuance of building permits for 50% of the approved dwellings, whichever shall occur first.
§ 363-73 Wireless communications towers.
[Added 11-14-2001 by Ord. No. 2001-18]
A.
Intent. It is the intent of this section to permit as a conditional use subject to site plan review the construction of new wireless telecommunications facilities and towers as conditional uses on municipally owned property in all zones and as conditional uses in nonresidential zones. Cellular/wireless telecommunications equipment and facilities or towers are expressly prohibited on privately held property in any residential zone.
B.
The following provisions shall be satisfied before a wireless telecommunications tower and facilities shall be approved:
(1)
Total land area. The proposed tower and facilities shall be constructed on a lot which shall be not less than five acres.
(2)
Setbacks and separation distances. The proposed tower and facilities shall be constructed in accordance with the following requirements:
(a)
Towers.
[1]
Towers must be set back at least 120% of total tower height from any lot line, nonappurtenant structure or public or private road right-of-way line.
[2]
Separation distances. All distance shall be measured from the base of the tower to the lot line of the off-site use or zone:
[a]
For vacant residentially zoned land, residential uses, zones, or municipal property (unless the tower is located on a municipal site), libraries, schools, or houses of worship, the separation distance shall be 300 feet or 300% of the tower height, whichever is greater.
[b]
For nonresidential lands or nonresidential uses, the separation distance shall be at least 120% of the height of the tower from any adjoining lot line, nonappurtenant building, structure or street rights-of-way.
[c]
Separation distances between towers and tower types, regardless of tower height, shall be 5,000 feet from another lattice tower or a monopole 100 feet or greater in height.
[3]
Maximum tower height. The maximum height of all new towers shall be 140 feet or 25 feet above the mean tree canopy, whichever is less. Mean tree canopy shall be derived from marking all trees 12 inches in diameter or greater measured 4.5 feet above grade within a two-acre area surrounding the tower site. The height of the trees shall be calculated by a professional licensed surveyor in the State of New Jersey. Absence of a suitable stand of trees for concealment shall render the site unacceptable. No tower shall have a height or location which require Federal Aviation Administration lighting. Lightning rods are excluded from tower or antennas height calculations; however, any antennas shall be included within the height calculations.
[4]
No tower may be located within a conservation easement if adjacent to a residential zone.
§ 363-74 Major solar or photovoltaic energy facilities or structures.
[Added 8-24-2011 by Ord. No. 2011-17[1]]
All major solar or photovoltaic energy facilities or structure installations shall comply with all applicable state and federal laws and regulations and shall also comply with the following standards. Preliminary and final site plan approval shall be obtained prior to obtaining a zoning permit.
A.
Minimum lot size: 20 acres. In the PO and I Zones, the twenty-acre minimum lot size does not apply for conditional use standards. Solar installations on preserved and commercial farmland shall be subject to the State Agriculture Development Committee (SADC) regulations.
B.
No soil shall be removed from any site upon which major solar or photovoltaic energy facilities and structures or other necessary equipment required for the solar facility is constructed. Grading within prime farmland and farmlands of statewide significance shall be limited to only that necessary to construct access roads and for construction of inverter and switching equipment pads.
C.
Except pursuant to a permit issued by the New Jersey Department of Environmental Protection (NJDEP), no portion of major solar or photovoltaic energy facilities and structures shall occupy areas of land designated and regulated by NJDEP as floodplains, flood hazard areas, wetlands, wetland transition areas or riparian corridors. An applicability determination from the NJDEP shall be provided to document the presence and/or absence of these regulated areas. Buffer maintenance shall be consistent with NJDEP regulations.
D.
Major solar or photovoltaic energy facilities and structures shall not occupy any area beyond the required principal building setbacks for the zone in which the facility is located, exclusive of poles for interconnection of the facility to the electrical grid. Setback requirements shall be equal to the principal building setback in the zone or the minimum vegetated visual and security buffer requirement, whichever is greater. A minimum one-hundred-foot wide vegetated visual screen shall separate solar or photovoltaic facilities from residential uses and properties in residential zone districts, a minimum fifty-foot wide visual screen shall separate such facilities from public roads, and a twenty-five-foot-wide visual screen shall separate such facilities from properties in a nonresidential zone district.
E.
Major solar or photovoltaic energy facilities and structures shall be visibly screened from the public traveled way (public roads, trails, scenic highways and byways), open space, preserved farmland, publicly owned properties and historic resources, including sites and buildings listed or eligible for listing on the State and National Registers of Historic Places.
(1)
To the extent achievable, solar or photovoltaic energy facilities and structures shall be sited using the natural topography to screen the energy project from public view and the view of any adjoining residences.
(2)
If the property is adjacent and contiguous to a permanently preserved farm, open space and/or public access easements it shall buffer the farm, open space and/or easements from view.
(3)
The following minimum screening requirements shall be met. However, notwithstanding the minimum requirements, the applicant shall demonstrate, to the satisfaction of the Land Use Board, that the proposed screening provides a visual screen of the facility from neighboring properties. Additional screening may be needed to meet this requirement as determined by the Board.
(a)
Screening shall consist of a combination of native plantings, to the extent possible. Alternately, an earthen berm may be employed if existing vegetated screening and native plantings will not suffice to provide the necessary buffer and maintain the rural character of the Township. The need for and location of vegetative screens includes the identification of appropriate species and varieties of vegetation to ensure that there is adequate visual screening throughout the year.
(b)
The landscaping plantings shall be designed for enhancing the quality of the soil and the ability of the land to absorb rainwater.
(c)
Landscaping shall be limited to the extent possible of native species of deciduous and coniferous trees and shrubs that are indigenous to the area, as listed in the Natural Resource Inventory, and shall not include invasive species as listed in Natural Resource Inventory of Mansfield Township. Such plantings shall be depicted on a plan prepared by a licensed professional. The applicant shall rely upon existing vegetation, including existing hedgerows or windbreaks that provide screening, to the maximum extent practical. The appropriate height or caliper of the vegetation to be planted shall ensure that there is a 75% screening of the solar energy generation facilities within five years of completing the installation of the facilities. A photo-simulated exhibit depicting screening at key locations at the projected five-year period shall be required.
(d)
A barrier shall be installed behind the required screen which shall:
[1]
Secure the facility at all times.
[2]
Restrict access to all electrical wiring that may be readily accessible.
[3]
All electrical control equipment shall be labeled and secured to prevent unauthorized access.
[5]
One or more access gates to the facility shall be provided. The actual number and location of access gates may be determined by the Board based on safety and security requirements of the site. Each access gate shall include a sign identifying the property owner as well as responsible parties for operation of the major solar and photovoltaic energy facilities and structures; for maintenance of the facility; and for maintenance of the visual screen, landscaping and security fence. Contact information for all of the above responsible parties shall be provided on each access gate sign.
[6]
No signs shall be posted on a solar facility or any associated building, structures, or fencing, with the exception of access gate signs, appropriate warning signs, and manufacturer's or installer's identification.
[7]
All transformers, inverters, and high-voltage equipment and equipment buildings shall be situated within a compound, which shall be enclosed within a security fence and access gate, which shall remain locked at all times. If appropriate, the entire facility shall be enclosed within a security fence and access gate.
[8]
The height of security fences and access gates shall be eight feet plus an angled non-barbed-wire extension, unless a lower fence height is approved by the Board. In no case shall the fence height be less than six feet plus an angled non-barbed-wire extension. Barbed-wire fences are not permitted except in cases where it is demonstrated to the satisfaction of the Board that barbed-wire fencing is required for security purposes. In such cases, the total height of the fence and access gates including barbed wire shall not exceed eight feet. Approval of barbed-wire fencing for solar facilities is at the discretion of the Board.
F.
A maintenance plan shall be submitted by the applicant for the continuing maintenance of all required plantings, solar panels and appurtenances, including a schedule of specific maintenance activities to be conducted. A maintenance plan narrative shall also be included on the site plans in note form. Maintenance of the required landscaping, fencing, solar panels, equipment buildings, access roads, and security measures shall be a continuing condition of any approval that may be granted, and shall be the shared responsibility of the property owner and applicant (if owner is not the applicant). A cost estimate for required plantings shall be presented as part of any application and a five-year maintenance bond approved by the Township Engineer shall be a condition of approval. The property owner and applicant (if owner is not the applicant) shall act as co-principals of the maintenance bond. The maintenance plan shall be environmentally responsible.
G.
All ground areas occupied by a major solar or photovoltaic energy facility or structure installation that are not utilized for access to operate and maintain the installation shall be planted and maintained with shade-tolerant grasses for the purpose of soil erosion control and soil stabilization:
(1)
A seed mixture of native, noninvasive shade-tolerant grasses shall be utilized and specified in a landscaping plan that shall be provided.
(2)
If it can be demonstrated by the applicant that an alternative vegetative ground cover consisting of a seed mix of native, noninvasive plant species and nonnative, noninvasive shade-tolerant species shall be accepted for soil erosion control and soil stabilization, and the alternative can be better sustained over the life of the facility, the Board may approve such an alternative to the requirement for native, noninvasive shade-tolerant grasses or mix of grasses.
(3)
To the extent possible, access roads within the site shall not be constructed of impervious materials in order to minimize the amount of soil compaction. Perimeter and internal access roads shall be provided for security and emergency vehicle access. Minimum spacing between rows or blocks of panels shall be 10 feet.
(4)
The bed and banks of existing drainage ditches, brooks, streams and drainage swales shall be maintained in their natural condition, except that where soil erosion is evident in these features due to a lack of suitable stabilized vegetation, the Board may require such areas to be planted and stabilized in accordance with the recommendations found in Chapter 8, Restoration Design, of the publication entitled "Stream Corridor Restoration, Principles, Processes and Practices," 10/1998 published version, revised 8/2001, prepared by the Natural Resource Conservation Service and available at www.nrcs.usda.gov/technical/stream_restoration/newtofc.htm.
H.
The required landscaping plan shall include the provision of adequate and appropriate drainage features, which shall be designed such that site grading and construction maximizes the natural drainage patterns of stormwater originating within the property boundaries and beyond property boundaries. If grading is proposed, then a grading and drainage plan shall be submitted, which shall demonstrate that the project is in compliance with the Township's Stormwater Ordinance and other applicable state standards.
(1)
A grading and drainage plan, including a soil erosion, a soil stabilization and a soil grading plan shall be submitted under the seal of a licensed professional engineer prior to any permits being issued. The plan shall adequately demonstrate to the Board engineer that no stormwater runoff or natural water shall be diverted as to overload existing drainage systems or create flooding. Such plan shall also address the need for additional drainage structures on other private properties or public lands.
(2)
The grading and drainage plan shall show, among other things:
(a)
All existing and proposed natural and artificial drainage courses and other features for the control of drainage, erosion, and water generally;
(b)
The calculated volume of water runoff from the slope and from the lot in question, as proposed to be improved; the existence of all natural and artificial drainage courses and facilities within 500 feet of the lot, which are or will be used to carry or contain the runoff from the slope and the lot; and
(c)
The effect of any increased water runoff on all adjacent properties and any other property which will be materially affected by increased water runoff.
(3)
Calculations shall be provided to adequately demonstrate that existing preconstruction stormwater runoff rates shall not be exceeded in the postdevelopment condition. Disturbed areas during construction shall be calculated to determine the need for stormwater management facilities on the site during construction.
(4)
The use of stone shall not be permitted for soil erosion control and soil stabilization unless as part of an overall plan approved by the Board.
I.
In addition to those items required for an application to be deemed complete, a site plan application shall provide the following:
(1)
Location, dimensions, and types of existing structures on the property.
(2)
Location of proposed and existing overhead and underground utility and transmission lines.
(3)
Location of any proposed or existing substations, inverters or transformers.
(4)
Details of solar panels and arrays. Cadmium telluride solar panels shall not be permitted due to the highly carcinogenic nature of cadmium and the possible detrimental effects on children, wildlife, water supplies and the environment.
(5)
Description of how the energy generated by the facility will be connected to the electrical distribution or transmission system or the electrical system of the intended energy user. This description shall also address the ability to disconnect the system in the event of an emergency or maintenance.
(6)
Description of shielding of any electric equipment to prevent interference of radio or television reception at the property line.
(7)
Description of any necessary upgrades or modifications to existing substations or the necessity for a new substation.
(8)
For projects over 2 MW, the location and elevations of all transmission lines, support structures and attachments to a substation(s).
(9)
Location and condition of existing hedgerows and vegetated windbreaks.
(10)
A description of any lighting and its impact on neighboring residences and properties.
(11)
A construction plan to include, but not limited to mounting techniques and a description of on site construction.
(12)
A glare study prepared by a qualified individual or firm experienced in such studies.
(13)
A description of security measures and systems to be implemented on the site.
J.
An as-built plan shall be provided prior to activation.
K.
Permitted height: The maximum permitted vertical height above ground for solar and photovoltaic energy panels shall be 15 feet.
L.
The use of lead-acid batteries shall not be permitted in major solar energy systems and facilities except as standby power supplies for control systems. Cadmium telluride solar panels shall not be permitted due to the highly carcinogenic nature of cadmium and the possible detrimental effects on children, wildlife, water supplies and the environment.
M.
Solar energy generation facilities shall be designed to comply with either of the following standards for sound emission:
(1)
The sound level shall not exceed 40 dBA when measured at any point on the property line of the solar facility; or
(2)
The sound level shall not exceed the ambient sound levels measured at locations at the property line of the solar facility that reasonably represent current or potential off-site sensitive receptors in accordance with the following requirements:
(a)
Ambient sound level measurements shall be made with an octave band sound level meter during daylight hours for periods of at least one-half hour and on three separate occasions, a minimum of four hours apart, representing morning, midday and evening, at least one of which shall be during a non-rush hour. The meter shall be set for slow response with a one-second sampling interval; and
(b)
The data reported for each occasion shall be the octave band values (31.5 Hz to 8,000 Hz) from the one-second sample that represents the L90 or Lmin broadband value ("unweighted" or "flat" response, e.g., dBZ).
N.
Disturbance of existing wooded or forested areas shall be minimized, and shall not exceed 5% of the total area of existing wooded or forested areas on the site.
O.
All applications for a major solar facility shall be accompanied by a decommissioning plan to be implemented upon abandonment, or cessation of activity, or in conjunction with removal of solar energy systems. The decommissioning plan shall be submitted in accordance with the requirements of this section. The decommissioning plan shall also be documented on the site plans in note form. Prior to removal of solar energy systems, a demolition permit for removal activities shall be obtained from the Mansfield Township Construction Official. Disconnection of solar energy systems shall be supervised by an electrician licensed in the State of New Jersey. The Zoning Official shall be responsible for compliance with the decommissioning plan.
(1)
Solar and photovoltaic energy facilities and structures which have not been in active and continuous service for a period of 18 months shall be removed from the property to a place of safe and legal disposal in accordance with a decommissioning plan.
(2)
If the applicant ceases operation of the energy project for 18 months; or begins, but does not complete, construction of the project within 18 months of receipt of final site plan approval, the applicant shall restore the site according to a decommissioning plan prepared by the applicant and approved by the Board. The applicant shall submit a decommissioning plan that ensures that the site will be restored to a useful, nonhazardous condition without significant delay, including but not limited to the following:
(a)
Removal of aboveground and underground equipment, structures and foundations. The plan shall describe the means by which all equipment and components of the system(s) shall be disposed of in an environmentally responsible manner and in accordance with prevailing federal, state and local regulations.
(b)
Restoration of the surface grade and soil after removal of aboveground structures and equipment.
(c)
Revegetation of restored soil areas with native seed mixes, plant species suitable to the area, which shall not include any invasive species. In farmland areas, the revegetation component of the decommissioning plan may include provisions to resume agricultural use of the site.
(d)
The plan must provide for the protection of public health and safety and for protection of the environment and natural resources during site restoration. The decommissioning of all solar energy generation facilities shall be done in accordance with a conservation plan designed to address the impacts of the decommissioning process.
(e)
The plan must include a timeline for completion of site restoration work.
(3)
Upon cessation of activity for a cumulative period of 18 months of construction or installation activities of an approved major solar or photovoltaic energy system, the Township may notify the owner and/or the operator of the facility to complete construction and installation of the facility. If the owner and/or operator fail to complete construction and installation activities within 180 additional days, the Township may order the owner and/or operator of the facility to implement the decommissioning plan. Within 180 days of notice being served, the owner and/or or operator shall substantially complete all activities in the decommissioning plan.
(4)
Upon cessation of activity of a fully constructed major solar or photovoltaic energy system for a cumulative period of one year, the Township may notify the owner and/or the operator of the facility to implement the decommissioning plan. The Township Zoning Official shall be responsible for enforcement.
(5)
If the operator fails to fully implement the decommissioning plan subject to the procedures and timelines set forth is Subsections O(3) and (4) above, or is otherwise unable to restore the site as required within 180 days of the Township's service of notice in accordance with this section, the Township may, at its own expense, provide for the restoration of the site in accordance with the decommissioning plan and may, in accordance with the law, recover all expenses incurred for such activities from the defaulted operator and/or the property owner. The costs incurred by the municipality shall be assessed against the property, shall become a lien and tax upon the said property, shall be added to and be a part of the taxes to be levied and assessed thereon, and enforced and collected with interest by the same officers and in the same manner as other taxes.
[1]
Editor's Note: This ordinance also provided: "It is unlawful for any person to construct, install, or operate a solar energy system that is not in compliance with this ordinance or with any condition contained in a building permit issued pursuant to this ordinance. Solar energy systems approved and/or installed prior to the adoption of this ordinance are exempt."
§ 363-75 Small wind energy systems.
[Added 8-24-2011 by Ord. No. 2011-17[1]]
All small wind energy systems, facilities or structure installations shall comply with all applicable state and federal laws and regulations and shall also comply with the following standards:
A.
A small wind energy system shall be set back from the nearest property boundary a distance at least equal to 150% of the system height. The minimum lot size for freestanding wind energy systems shall be 10 acres; there is no minimum lot size for roof-mounted systems.
B.
The tower shall be designed and installed so as to not provide step bolts or a ladder readily accessible to the public for a minimum height of eight feet above the ground.
C.
A small wind energy system including tower shall comply with all applicable construction and electrical codes and the National Electrical Code.
D.
Small wind energy systems that connect to the electric utility shall comply with New Jersey's Net Metering and Interconnection Standards for Class I Renewable Energy Systems.
E.
MET towers shall be permitted under the same standards, permit requirements, restoration requirements, and permit procedures as a wind energy system.
F.
The noise level of any small wind energy system shall not exceed 55 decibels as measured at the closest property line. These levels may be exceeded during short-term events such severe windstorms.
G.
The wind generator and the tower shall remain painted in the color that was originally applied by the manufacturer, unless a different color is approved by the Board.
I.
Any disturbance of wooded or forested areas shall be minimized and shall not exceed 1/4 acre.
J.
Permit requirements for a small wind energy system.
(1)
Site plan approval from the Land Use Board shall be required for the installation of a wind energy system.
(2)
Documents: The site plan application shall be accompanied by a plot plan which includes the following:
(a)
Property lines and physical dimensions of the property based on a property survey prepared by a licensed land surveyor.
(b)
Location, dimensions, and types of existing structures on the property.
(c)
Location of the proposed wind energy system tower.
(d)
The right-of-way of any public road that is contiguous with the property.
(e)
Any overhead utility lines.
(f)
Wind energy system specifications, including manufacturer and model, rotor diameter, tower height, tower type (freestanding or guyed).
(g)
Stamped, engineered tower and tower foundation drawings signed and sealed by an engineer licensed in the State of New Jersey.
(h)
Noise levels of the proposed wind energy system at all property lines.
(i)
Proposed screening of the wind energy system from adjoining properties.
(j)
A description of any lighting and its impact on neighboring residences and properties.
(k)
A wildlife habitat assessment report shall be prepared, either as part of an environmental impact statement or as a separate report that specifically addresses the wildlife habitat affected by the installation of a wind energy system. This report shall address the impacts to existing bird and bat populations by the wind energy system. Additionally, the report shall address the environmental resources of the New Jersey Department of Environmental Protection's Landscape Project and impacts to habitats ranked 3, 4, or 5 that indicate the presence of threatened or endangered species, including consideration for reducing or mitigating the effect of the wind energy system on the wildlife resources of the Township. This report shall document that the wind energy system will not endanger/kill the varied threatened and endangered species, bats and migratory birds of the Township.
K.
Abandoned wind energy systems.
(1)
A small wind energy system that is out of service for a continuous twelve-month period shall be deemed to have been presumptively abandoned. The Zoning Officer may issue a notice of abandonment to the owner of a wind energy system that is deemed to have been abandoned. The owner shall have the right to respond to the notice of abandonment within 30 days from notice receipt date. The Zoning Officer shall withdraw the notice of abandonment and notify the owner that the notice has been withdrawn if the owner provides information that demonstrates the wind energy system has not been abandoned. In the event that the Zoning Officer, after investigation, determines that a wind energy system has been abandoned, the Zoning Officer may issue a notice of abandonment during the presumptive twelve-month period and the owner shall have the right to respond to the notice of abandonment.
(2)
If the wind energy system is determined to be abandoned, the owner of a wind energy system shall remove the tower and wind generator at the owner's sole expense within three months of receipt of notice of abandonment. If the owner fails to remove the tower and wind generator, the Zoning Officer may, at the option of the Township Committee, have the tower and wind generator removed at the owner's expense. The costs incurred by the municipality shall be assessed against the property, shall become a lien and tax upon the said property, shall be added to and be a part of the taxes to be levied and assessed thereon, and enforced and collected with interest by the same officers and in the same manner as other taxes.
[1]
Editor's Note: This ordinance also provided: "It is unlawful for any person to construct, install, or operate a wind energy system that is not in compliance with this ordinance or with any condition contained in a building permit issued pursuant to this ordinance. Wind energy systems approved and/or installed prior to the adoption of this ordinance are exempt."
§ 363-76 Clothing donation bins.
[Added 5-22-2013 by Ord. No. 2013-07]
A.
Permitted areas. Placement of clothing donation bins shall not be permitted on properties containing a residential use or uses, vacant or undeveloped land, or on properties within the industrial zones of the Township.
B.
It shall be unlawful for any person to place, use, or employ a clothing donation bin (herein referred to as "bin") for solicitation purposes within the Township of Mansfield unless all of the following requirements are met:
(1)
Any person desiring a permit under this chapter shall file with the Zoning Officer an original application, in writing, on a form furnished by the Zoning Department, along with an initial application fee as specified on the application.
(2)
The permit will be valid for a specified period of time.
(3)
In applying for such a permit, the applicant shall set forth the following information:
(a)
The applicant's name, business name and business address;
(b)
The location where the bin would be situated, as precisely as possible;
(c)
A description of the clothing donation bin to be covered by the permit;
(d)
The manner in which the person anticipates any clothing or other donations collected via the bin would be used, sold, or dispersed, and the method by which the proceeds of collected donations would be allocated or spent;
(e)
The name, and telephone number of the bona fide office required pursuant to Subsection B(8) of this section, of any entity which may share or profit from any clothing or other donations collected via the bin;
(f)
Name and phone number of the nonprofit organization displayed on each bin; and
(g)
Written consent from the property owner(s) to place the bin on the property.
(4)
All bins on a single property shall not cover a ground surface area in excess of six feet by 12 feet, nor be more than six feet in height.
(5)
The bin(s) shall be appropriately located so as not to interfere with sight triangles, on-site circulation, required setbacks, landscaping, parking, and any other requirements that may have been imposed as part of the site plan approval for the premises, and shall be placed on a concrete or paved surface.
(6)
The Zoning Officer shall not grant an application for a permit to place, use or employ a clothing donation bin, if he/she determines that the placement of the bin(s) could constitute a safety hazard. Such hazards shall include, but not be limited to, the placement of clothing donation bins within 100 yards of any place which stores large amounts of, or sells, fuel or other flammable liquids or gases, or the placement of the bin would constitute a traffic hazard.
(7)
The bin(s) shall be of the type that are enclosed by use of a receiving door and locked so that the contents of the bin(s) may not be accessed by anyone other than those responsible for the retrieval of the contents.
(8)
The following information shall be clearly and conspicuously displayed on the clothing donation bin(s):
(a)
The name and address of the registered person that owns the bin(s) and of any other entity which may share or profit from clothing or other donations collected via the bin(s);
(b)
The telephone number of the person's bona fide office, and if applicable, the telephone number of the bona fide office of any other entity which may share or profit from any clothing or other donations collected via the bin(s);
(c)
In cases where any entity other than the person who owns the bin(s) may share or profit from any clothing or other donations collected via the bin(s), a notice, written in a clear and easily understandable manner, indicating that clothing or other donations collected via the bin(s), their proceeds or both, may be shared or given entirely to, an entity other than the person who owns the bin(s), and identifying all such entities which may share or profit from such donations;
(d)
A statement consistent with the information as required by Subsection B(3), indicating the manner in which the person anticipates any clothing or other donations collected via the bin(s) would be used, sold or dispensed and indicating the method by which the proceeds of the collected donations would be allocated.
(9)
It shall be the duty of each registered organization issued a permit hereunder to properly maintain and service any clothing donation bin placed within the Township so as to prevent such clothing bins from creating any nuisance, hazardous or unsafe condition, including accumulation of any items outside of the bin(s).
(10)
An expiring permit for a clothing donation bin may be renewed upon application for renewal and payment of a renewal fee not to exceed $25 annually.
(11)
If any used clothing donation bins are placed without a permit, or an inspection reveals that such bins are not in compliance with this section, enforcement and abatement shall take place as generally provided under this article.
(a)
The minimum penalty of fine for the violations of any of the provisions of this chapter shall be $100 per violation.
(b)
The Zoning Officer, the Building Inspector, or other Code Enforcement Officer, the Police Department, and the Warren County Department of Health are hereby individually and severally empowered to enforce the provisions of this section.
(12)
A violation of this section may result in the Township seizing the bin, removing it at the owner's expense and selling the contents at public auction. All proceeds from such sale shall be paid to the Chief Financial Officer of the municipality.