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Rockaway Township City Zoning Code

§ 54-30.9

Special requirements for certain uses.

[Ord. No. 95-24 § 54-107; Ord. No. 97-9 § 1; Ord. No. 00-19 §§ 1, 3; Ord. No. 12-17]
Notwithstanding any contrary provisions of this chapter, the following requirements shall apply to the uses specified below, which requirements shall be in addition to all other applicable requirements of this chapter. The following provisions shall not be considered to be conditional uses.
A. 
Antennas. Radio and television antennas, including satellite dish antennas, may be installed, erected and maintained as accessory uses on a lot which contains a principal structure within all districts, but only in accordance with the provisions of this section. The term "antenna," as used herein, shall include any system of wires, poles, rods, reflecting discs or similar devices, which system is external to or attached to the exterior of any building. Antennas shall include devices having active elements extending in any direction and directional beam-type arrays having elements carried by and disposed from a generally horizontal boom that may be mounted upon and rotated through a vertical mast or tower interconnecting the boom and antenna support, all of which elements are deemed to be a part of the antenna. The height of an antenna shall be the total maximum to which it is capable of being raised and shall be measured from the highest point of the finished grade adjacent to the structure if ground-mounted or from the peak of the roof if roof-mounted.
All antennas shall be subject to the following:
(1) 
Development standards. All antennas shall be located, designed, constructed, treated and maintained in compliance with the requirements of the International Building Code 2009 New Jersey Edition, as may be amended and supplemented in the future and replaced with future editions, the Uniform Construction Code, as may be amended and supplemented in the future, and the requirements set forth below. The intent of the requirements below is to advance and achieve health, safety and aesthetic interests and objectives.
(2) 
Residential districts.
(a) 
Antennas, other than satellite dish antennas, shall meet the following requirements:
[1] 
No lot shall contain more than two antennas.
[2] 
No antenna shall be located in a front yard.
[3] 
Roof-mounted antennas of any type shall not extend higher than 15 feet above the highest point of the roof.
[4] 
Ground-mounted, accessory antennas of any type shall not extend higher than 60 feet above adjacent ground level.
[5] 
Antennas located in a side yard shall meet the side yard setback requirement for principal buildings.
[6] 
Antennas located in a rear yard shall meet the property line setback requirement applicable to accessory buildings established in Subsection 54-30.8, but in no event shall be located closer to a property line than 1/2 the height of the antenna.
(b) 
Satellite dish antennas in excess of one meter in diameter shall meet the following requirements which will enhance the public health, safety and aesthetic and general welfare objectives of this subsection without unnecessarily burdening the federal interest in ensuring access to satellite services and in promoting fair and effective competition among competing communication service providers:
[1] 
Only satellite receiving antennas shall be permitted;
[2] 
They shall not be located in a front yard;
[3] 
They may be located on the roof providing they are not visible from the street or project above any roof line;
[4] 
The minimum distance between any satellite dish to any lot line shall be three feet;
[5] 
Only one satellite dish antenna shall be permitted for each dwelling unit; and
[6] 
In the event the applicant can demonstrate that the satellite dish antenna will not function properly or provide adequate reception in accordance with the above requirements, the Board of Adjustment shall grant a variance upon the showing of adequate proofs.
(c) 
Satellite dish antennas one meter in diameter or less must comply with the Federal Communication Commission's provisions on satellite dish antennas.
(3) 
Multifamily housing districts. Antennas located in multifamily housing developments shall meet the requirements of paragraph (2)(a) through (c) above.
(4) 
Business, commercial and mixed use districts.
(a) 
Antennas, other than satellite dish antennas, in the R-P, OR-3, B-1, B-2, R-B, O-1, O-2 and OR-3 districts shall meet the requirements of paragraph (2)(a) above.
(b) 
Satellite dish transmitting and receiving antennas larger than two meters shall be permitted in accordance with the following conditions which will enhance the public health, safety, aesthetic and general welfare objectives of this ordinance which would not unnecessarily burden the federal interests in ensuring access to satellite services and in promoting fair and effective competition among competing communications service providers.
[1] 
Only one such antenna per building shall be permitted;
[2] 
No satellite dish antenna shall be located on any front yard;
[3] 
Satellite dish antennas shall be located a minimum of 10 feet from any line; and
[4] 
The satellite dish shall be securely anchored to a concrete pad and the surrounding area shall be suitably landscaped.
(c) 
Satellite dish antennas two meters in diameter or less must comply with the Federal Communication Commission's provisions on satellite dish antennas.
(5) 
Research laboratory and industrial districts.
(a) 
Antennas, other than satellite dish antennas, in the OB-RL, PED, I and M districts shall meet the following requirements:
[1] 
No antenna shall be located in a front yard.
[2] 
An antenna may be erected on the roof of a building, provided that the building, including the antenna, falls within the height limits established for the district. Ground-mounted antennas shall not exceed 70 feet in height.
[3] 
An antenna located in a side yard or a rear yard shall be located at least 40 feet from a property line, but not less than the height of the antenna.
(b) 
Satellite dish antennas shall meet the requirements set forth in paragraph (4)(b) and (c) above.
(6) 
General regulations. Applicable to all antennas under this section which are necessary for the health and safety of the Township's residents:
(a) 
No portion of an antenna array shall extend beyond the property lines or into any front yard area. Guy wires shall not be anchored within any front yard area but may be attached to the building.
(b) 
Ground-mounted antennas shall be any antenna which is base mounted directly in the ground, even if such antenna is supported or attached to the wall of a building. Fixed-guyed antenna towers shall be fascia-mounted or guyed according to approved standards. Wire antennas that are not self-supporting shall be supported by objects within the property lines but not within any front yard areas.
(c) 
The antenna, including guy wires, supporting structures and accessory equipment, shall be located and designed so as to minimize to the greatest extent possible the visual impact on surrounding properties and from public streets. Antennas should be screened from view through the addition of anticlimb fencing and architectural features or evergreen landscaping that harmonize with the elements and characteristics of the property; provided, however, that no screening shall be required which would inhibit adequate reception. Screening by fencing or plantings may be waived if natural terrain and landscaping provide adequate screening. The materials used in constructing the antenna shall not be unnecessarily bright, shiny, garish or reflective, and all antennas shall blend with the surrounding environment.
(d) 
Antennas shall meet all manufacturers specifications. The mast or tower shall be of noncombustible and noncorrosive hardware, such as brackets, turnbuckles, clips and similar type equipment subject to rust or corrosion, and shall be protected with a zinc or cadmium coating by either galvanizing or a sherardizing process after forming. These finishes are selected to guard against corrosion and to protect the elements against electrolytic action due to the use of adjoining dissimilar metals.
(e) 
Power control and signal cables to or from the antenna shall be by underground conduit.
(7) 
Review and approval.
(a) 
Residential antennas, other than satellite dish antennas. All residential antennas, other than satellite dish antennas must meet the requirements for that particular zoning district as set forth above and shall be subject to the review and approval of the Zoning Officer. Each application shall be accompanied by a report prepared by the installer of the antenna explaining why the proposed location was selected over other locations. If all the requirements for such antennas have been met, the Zoning Officer shall grant his approval. Any requested variance from the requirements of this section or appeal from the decision of the Zoning Officer shall be made to the Board of Adjustment. When deemed necessary by the Zoning Officer, the Township may consult, at the applicant's expense, with an expert in the field of antenna installations for guidance in evaluating an applicant's report when a deviation from the requirements of this section is requested. The applicant shall post a fee calculated by the Zoning Officer, but not to exceed $500, to cover such expense, in the form of cash or a certified check, and against which such review expenses shall be charged. All sums not actually so expended shall be returned to the applicant at the time the permit is either issued or denied.
(b) 
Residential satellite dish antennas. Residential satellite dish antennas must meet the requirements for that particular zoning district as set forth above and shall be subject to the review and approval of the Zoning Officer. If all the requirements set forth above are met, the Zoning Officer shall grant his approval. Any requested variance from the requirements of this section or appeal from the decision of the Zoning Officer shall be made to the Board of Adjustment.
(c) 
Nonresidential antennas. Anything to the contrary not withstanding, in addition to meeting the requirements set forth above for these particular districts, all nonresidential antenna applicants shall submit site plan applications in accordance with the Land Use Ordinances of the Township of Rockaway. Such applications will be reviewed by the appropriate body as set forth in the Municipal Land Use Law.
(8) 
Prohibitions. No antenna or antenna structure located in the Township, regardless of when it was erected, shall be used as a sign or as a supporting structure for any sign or lettering.
(9) 
Enforcement.
(a) 
All antennas shall be maintained in good condition and in accordance with all requirements of this subsection.
(b) 
All antennas shall be subject to periodic reinspection. No additions, changes or modifications shall be made to an antenna, unless the addition, change or modification is in conformity with the Township building code.
B. 
Wireless telecommunications equipment and facilities.
(1) 
Purpose. The purpose of this subsection is to provide sound land use policies, procedures and regulations for the location and placement of wireless telecommunications structures, antennas and equipment within the Township of Rockaway in order to protect the community from the adverse impacts of wireless telecommunications facilities and to preserve the scenic and historic and environmental character of the countryside that the Rockaway Township Master Plan seeks to protect. This subsection seeks to meet the mandate of the Telecommunications Act of 1996, and at the same time, without limiting the generality of the foregoing, to:
(a) 
Protect residential areas and land uses from the adverse impacts of towers and antennas;
(b) 
Encourage the location of towers in nonresidential areas and along major transportation corridors;
(c) 
Utilize Township-owned or encourage use of privately-owned commercial properties;
(d) 
Minimize the total number of towers within the Township;
(e) 
Strongly encourage co-location on existing tower sites as a primary option rather than construction of additional single-use towers;
(f) 
Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;
(g) 
Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape, screening, and innovative camouflaging techniques;
(h) 
Avoid potential damage to adjacent properties from tower failure through proper engineering and careful siting of tower structures.
(2) 
Permitted use/conditional use treatment. Notwithstanding anything in this subsection to the contrary, the installation of wireless telecommunications antennas on existing structures, subject to site plan approval under Subsection 54-30.9B(7) and consistent with the visual compatibility requirements of Subsection 54-30.9B(3), below, shall be a permitted use in all nonresidential zone districts and a conditional use in all residential zone districts of the Township.
(3) 
Visual compatibility requirements.
(a) 
Wireless telecommunications antennas on existing structures or buildings and wireless telecommunications towers shall be designed, located and screened to blend with and into the existing natural or built surroundings so as to eliminate to the maximum extent practicable, adverse visual impacts through the use of color and camouflaging, architectural treatment, recent technological advancements, landscaping, and other appropriate means which shall minimize the visual impact of such antennas and towers on neighboring residences and the character of the Township as a whole.
(b) 
Wireless telecommunications antennas on existing structures or buildings and wireless telecommunications towers shall be placed to ensure that historic districts, historically significant viewscapes, streetscapes, and landscapes are not visually impaired. The views of and vistas from architecturally and/or historically significant structures shall not be impaired or diminished by the placement of telecommunications facilities.
(c) 
The wireless telecommunications equipment compound shall be located and screened from residential areas and the public way.
(d) 
The wireless telecommunications equipment compound shall be enclosed within a solid wooden fence not less than seven feet nor more than eight feet high, as approved by the Township Engineer. Such fence shall include a locking security gate. The height of the equipment building shall not exceed 12 feet.
(e) 
A wireless telecommunications equipment compound not more than 3,000 square feet in area may be erected in support of wireless telecommunications antenna but only if:
[1] 
It is situated behind existing vegetation, tree cover, structures, buildings or terrain features which will shield completely the wireless telecommunications equipment compound from public view; or
[2] 
When a location completely out of public view is not possible, a landscape buffer not less than 20 feet in width shall be provided outside the fence enclosing the wireless telecommunications equipment compound, to shield completely the facility from public view. Landscaping shall include native evergreen and deciduous trees not less than eight feet high at the time of planting. The number of trees to be planted shall be the equivalent of staggered double rows at 15 feet on center around the compound perimeter; and
(f) 
A wireless telecommunications equipment compound shall be maintained in accordance with the site plan approved for it in a serviceable, safe and aesthetically pleasing manner.
(4) 
Construction of new freestanding wireless telecommunications antennas or towers. New construction of free standing wireless telecommunications towers is not a permitted use in any zone within the Township. An applicant for a use variance to the Zoning Board of Adjustment to permit the construction of a new wireless telecommunications tower must present evidence of the following items to demonstrate to the Board that such variance may be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the Township Zone Plan and Zoning Ordinance:
(a) 
(i) The wireless telecommunications network layout and its coverage area requirements and (ii) the need for new wireless telecommunications facilities at the specific proposed location within the Township. The applicant shall also provide evidence of any and all alternate wireless network plan designs which would not require the applicant to construct a wireless telecommunications tower at the proposed location.
(b) 
That the applicant has exercised its best efforts to locate the wireless telecommunications antennas on existing buildings or structures within the applicant's search area. In order to meet its burden on this issue, the applicant shall provide to the Board copies of all correspondence from and between the wireless telecommunications provider and the property owners of the existing buildings or structures. Evidence demonstrating that no existing wireless telecommunications tower or building or structure can accommodate the provider's proposed antenna may consist of any one or more of the following reasons:
[1] 
No existing towers or structures are located within the geographic area that is necessary to meet the provider's radio frequency engineering requirement to provide reliable coverage.
[2] 
Existing towers or structures are not of sufficient height, cannot be made to be sufficient height to meet the provider's radio frequency engineering requirements, or do not have sufficient structural strength to support the provider's proposed antenna and related equipment.
[3] 
The applicant's proposed antenna would cause electromagnetic interference with antennas on the existing towers or structures or the antenna on the existing towers or structures would cause interference with the applicants' proposed antennas.
[4] 
The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are patently unreasonable. Actual direct costs exceeding new tower design, development, and construction are presumed to be patently unreasonable.
[5] 
The applicant demonstrates to the Board's satisfaction that there are other limiting factors that render existing towers and structures unsuitable.
The failure of the applicant to present evidence of the foregoing shall constitute a rebuttable presumption that the applicant has not exercised its best efforts as required herein.
(c) 
The locations of all existing communications towers and other structures of 140 feet in height or less within the applicant's search area. The applicant shall provide competent testimony by a radio frequency engineer regarding the suitability of each location so identified by the applicant in light of the design of the wireless telecommunications network, and the alternate network designs identified pursuant to Subsection 54-30.9B(4)(a) above.
(d) 
Where a suitable location on an existing tower or other structure is found to exist, but the applicant is unable to secure an agreement to co-locate its equipment on said tower or other structure, the applicant shall provide sufficient and credible written evidence of its attempt or attempts to co-locate.
(e) 
A full, complete description of all alternative technologies not requiring the use of towers or other structures to provide the services by the applicant through the use of a new tower.
(f) 
That the applicant has exercised its best efforts to site new wireless antennas and equipment within the applicant's search area according to this subsection. Without otherwise limiting the nature of the evidence to be provided by the applicant, the applicant shall provide to the Board the block and lot number of any parcel for which the wireless provider has attempted to secure a lease or purchase agreement and copies of all correspondence from and between the wireless provider and the property owner; the failure of the applicant to present evidence of the foregoing shall constitute a rebuttable presumption that the applicant has not exercised its best efforts as required herein; and
(g) 
Compliance with the Township standard that no wireless telecommunications towers shall require lighting affixed thereto, unless required by the FCC, FAA or any other governmental agency regulations or requirements.
(5) 
Bulk standards for construction of new free standing towers. An applicant proposing to construct a free standing wireless telecommunications tower who has satisfied the requirements of Subsection 54-30.9B(4), above, shall comply with the following bulk standards. Variances from the bulk standard shall be reviewed pursuant to N.J.S.A. 40:55D-70(c):
(a) 
Minimum lot size.
[1] 
Residential zone. As required by the zone district in which located, or five acres, whichever is greater.
[2] 
Nonresidential zone.
Tower Height
Minimum Lot Size
Less than 100 feet
2 acres
100 feet to 120 feet
5 acres
More than 120 feet
10 acres
(b) 
Minimum setback of free standing wireless telecommunications tower from:
[1] 
Any property line.
Tower Height
Minimum Setback
Up to 100 feet
135 feet
Over 100 feet
200 feet or twice the height of the tower whichever is greater.
[2] 
Any existing residence: 1,000 feet.
[3] 
Any wireless telecommunications tower: 5,280 feet.
(c) 
Minimum setback for equipment compound from any property line: The zone district setback requirements for any accessory building.
(d) 
Maximum tower height of free standing wireless telecommunication tower (exclusive of lightning rod): 140 feet from average grade.
(e) 
Maximum height of attached antenna: 10 feet beyond the highest elevation of the new free standing tower.
(6) 
Bulk standards for construction of antennas on existing structures. Any applicant proposing to construct a wireless telecommunication antenna who has satisfied the requirements of Subsection 54-30.9B(2) above shall comply with the following bulk standards:
(a) 
Minimum setback for equipment compound from any property line: The zone district setback requirements for any accessory building.
(b) 
Maximum antenna height of wireless telecommunication antenna (exclusive of lighting rod): 140 feet from average grade of existing structure.
(7) 
Site plan application requirements.
(a) 
All site plans shall include the site boundaries; tower and/or antenna, location; existing and proposed structure, including accessory structures; existing and proposed ground-mounted equipment; vehicular parking and access; and use structures and land use designations on the site and abutting parcels.
(b) 
A landscape plan drawn to scale showing proposed landscaping, including species type, size, spacing, other landscape features, and existing vegetation to be retained, removed or replaced.
(c) 
A report from a qualified expert certifying that the wireless telecommunications tower or antenna and equipment compound comply with the latest structural and wind loading requirements as set forth in the Building Officials and Code Administrators (BOCA) International Inc., Code; or the Electronic Industries Association/Telecommunications Industries Association (EIA/TIA) 222 Revision F Standard, entitled "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures" (or equivalent), as it may be updated or amended; or, such other code as may apply to these facilities, including a description of the number and type of antennas it is designated to accommodate.
(d) 
A binding, irrevocable letter of commitment by the applicant and the property owner to lease excess space on the tower or antenna to other potential users at prevailing market rates and conditions. The applicant's counsel shall simultaneously submit a separate opinion of counsel expressing such counsel's opinion as to the enforceability of such binding, irrevocable letter of commitment by the Township under the laws of the State of New Jersey. The letter of commitment shall be recorded with County Clerk prior to issuance of a building permit. The letter shall commit and be binding upon the tower or antenna owner and successors in interest.
(e) 
Elevations of the proposed tower or antenna and equipment compound generally depicting all proposed antennas, platforms, finish materials, and all other accessory equipment.
(f) 
A copy of the lease or deed for the property.
(g) 
A plan which shall reference all existing wireless telecommunications facilities in the Township, any such facilities in the adjoining municipalities which provide service to areas within Rockaway Township, and any changes proposed within the following twelve-month period, including plans for new locations and the discontinuance or relocation of existing facilities.
(h) 
A 360° drawn perspective or a photo simulation at four locations (at 90° increments) of the proposed tower or antenna drawn to an appropriate scale.
(i) 
In implementing the National Environmental Policy Act (N-EPA), the Federal Communications Commission requires applicants to prepare "environmental assessments" for towers and antennas that are proposed to be located in certain environmentally sensitive areas, including: officially designated wildlife preserves or wilderness areas; one-hundred-year floodplains; situations which may affect threatened or endangered species or critical habitats; or situations which may cause significant change in surface features, such as wetland fills, deforestation or water diversion. In addition, an environmental assessment must be prepared when sites listed or eligible for listing in the National Register of Historic Places may be affected.
(j) 
Upon an application being deemed complete pursuant to Subsection 54-21.5, written notice shall be provided by the applicant to the Township Council and to the Planning Board of any such application.
(8) 
Design Standards.
(a) 
A wireless telecommunications tower shall be designed and constructed to accommodate at least three-antenna arrays of separate telecommunication providers (the applicant's plus two co-locators).
(b) 
Signs shall not be permitted except for a sign displaying owner contact information, warnings, equipment information, and safety instructions. Such sign shall not exceed two square feet in area. No commercial advertising shall be permitted on any wireless telecommunications facility.
(c) 
No lighting is permitted except as follows:
[1] 
Wireless telecommunications equipment compounds enclosing electronic equipment may have security and safety lighting at the entrance, provided that the light is attached to the facility, is focused downward and is on timing devices and/or sensors so that the light is turned off when not needed for safety or security purposes; and
[2] 
No lighting, other than lighting required by the FCC, FAA or other government agency having jurisdiction thereover, is permitted on a wireless telecommunications tower.
(d) 
Wireless telecommunications antennas and towers shall be properly maintained by the owner or lessee to assure their continued structural integrity. The owner of the tower or antenna shall also perform regular maintenance of the structure and of the site as to assure that it does not create a visual nuisance. An independent licensed professional engineer shall submit a written inspection report certifying to the maintenance and integrity of the structure to Township Engineer, every two years and/or following any tower modification or the addition of any antennas.
(e) 
Wireless telecommunications towers shall be of a color appropriate to the tower's locational context and to make it as unobtrusive as possible, unless otherwise required by the Federal Aviation Administration (FAA).
(f) 
Wireless telecommunications facilities shall be surrounded by security features such as a fence. All towers shall be designed with anti-climbing devices in order to prevent unauthorized access. Additional safety devices shall be permitted or required, as needed, and as approved by the approving authority.
(g) 
Any proposed new telecommunications tower shall be a "monopole" unless the applicant can demonstrate that a different type structure is necessary for the co-location of additional antennas on the tower. Such structures shall employ camouflage technology.
(h) 
No equipment shall be operated so as to produce noise in excess of the limits set by the local noise ordinance, except in emergency situations requiring the use of a backup generator.
(i) 
Wireless telecommunications towers and antennas shall be constructed to the Electronic Industries Association/Telecommunications Industries Association (EIA/TIA) 222 Revision F Standard entitled "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures" (or equivalent), as it may be updated or amended.
(9) 
Antenna Modifications.
(a) 
Whenever antennas are modified or replaced, operators of wireless telecommunications facilities shall provide to Rockaway Township a report from a qualified expert certifying that a wireless telecommunications tower or building or other support structure as modified complies with the latest structural and wind loading requirements as set forth in the Building Officials and Code Administrators (BOCA) International Inc. Code and the EIA/TIA Standard referenced above. Such modifications shall be subject to site plan review and approval.
(b) 
Operators of wireless telecommunications facilities shall notify Rockaway Township when the use of such antennas and/or ancillary equipment is discontinued. Facilities that are not in operational use for wireless telecommunications purposes for a period of six months shall be removed by the operator at its cost. This removal shall occur within 90 days of the end of such six-month period. Upon removal, the telecommunication facility site shall be cleared, restored, and re-vegetated to blend with the existing surrounding vegetation at the time of abandonment.
(10) 
Co-Location and Shared Facilities and Sites.
(a) 
FCC licensed wireless telecommunications providers are encouraged to construct and site their facilities with a view toward sharing facilities with other utilities, co-locating with other existing wireless facilities and accommodating the co-location of other future facilities where technically, practically, and economically feasible.
(11) 
Application and escrow fee. Notwithstanding the provisions of subsections 54-15.1 and 54-15.2 of the Land Use and Development Ordinance of the Township of Rockaway, development application fees and escrows for wireless telecommunications installations shall be set as follows:
(a) 
If no new free standing tower is proposed, an application fee of $5,000 and an escrow fee of $2,500.
(b) 
If a new free standing tower is proposed, an application fee of $10,000 and an escrow fee of $5,000.
C. 
Trailers, trailer camps and trailer courts. No trailer camp or trailer court shall be permitted in any district other than those that exist at the time of adoption of this chapter. For the purposes of administering this section, a trailer shall be defined as a wheel-based non-motorized vehicle that is designed to be transported by a motorized vehicle and which may be used as a dwelling or for the transportation or storage of goods and materials. Where such uses are permitted, the following regulations shall apply:
(1) 
No trailer shall be used as a business establishment.
(2) 
A trailer may be set up for occupancy or occupied as a place of residence in any district for a period not to exceed 90 days, provided an occupancy permit has been obtained from the Construction Official, who is hereby authorized to issue such permits.
(3) 
An occupancy permit for a trailer shall not be renewable within the same calendar year in the same or any other location in the Township.
(4) 
Any violation of any provisions in this chapter or the provisions of any other ordinance shall void the permit and a trailer may be subject to immediate removal from the Township and such other action as the governing body may consider necessary.
(5) 
Nothing contained in this section shall be construed to prohibit a manufactured home to be used as a residence; provided, such manufactured home: a) is located on a separate lot, b) the home and the lot comply with all requirements of the district in which the lot is located, and c) further provided the manufactured home conforms to the Building Code of the Township.
D. 
Child-care centers in nonresidential districts. Child-care centers for which, upon completion, a license is required from the Department of Human Services pursuant to P.L. 1983, c. 492, shall be a permitted use in all nonresidential districts. If a child-care center is accessory to a permitted principal use, and provides care only for employees of the principal use on the property, then the floor area occupied in any building or structure as a child-care center shall be excluded in calculating any parking requirement or density limitation otherwise applicable.
E. 
Minimum floor area for dwelling units. In no case shall any dwelling unit contain less than 250 square feet of habitable floor area per person.