Sandyston City Zoning Code
ARTICLE IV
General Regulations and Standards
§ 150-9 Compliance required.
Throughout the several residential and service zones of Sandyston Township, no building shall hereafter be erected, moved, structurally altered, added to, enlarged or rebuilt, nor shall any land be designed, used or altered for any purpose other than those included among the permitted uses in each zone by this chapter, as set forth by the requirements of Articles III through IX and the applicable standards and provisions.
§ 150-10 Accessory buildings.
[Amended 1-6-1997 by Ord. No. 12-96]
No accessory building shall be erected on any lot without a principal building being also present, nor shall any accessory building be used as a dwelling unless such accessory building is an Elder Cottage conforming with § 150-10.
A.
No accessory building shall exceed a height of 18 feet, except on farms.
B.
Accessory buildings shall be located at least 10 feet from the principal building on the same lot, and, when more than one, the various accessory buildings shall be at least six feet apart. No front yard shall be occupied by an accessory building.
C.
Accessory buildings shall be erected so as to meet the yard requirements shown in the Schedule, § 150-8.
D.
Elder cottages shall meet the following requirements:
(1)
Not more than one elder cottage shall be located on any single lot.
(2)
Separate and additional driveways for elder cottages are prohibited.
(3)
Each elder cottage, together with its foundation and any other appurtenances, shall be removed and the site restored within 90 days of the death of the original qualifying occupant(s) or the date of cessation of the use of such elder cottage by such occupants due to a permanent change in the primary residency of such occupant(s).
(4)
Adequate water supply and sewage disposal shall be provided for each unit in accordance with the health and sanitary requirements of the Township of Sandyston.
(5)
Each application to the Zoning Official, Construction Official or other appropriate officer or agency for zoning, construction or other approval or permit to allow the construction, erection or location of any elder cottage shall be supported by the following:
(a)
Name and address of the owner(s) of the premises.
(b)
Tax sheet, block and lot numbers.
(c)
Verification by affidavit or certification of the name, date of birth and relationship of the person(s) who will occupy the elder cottage to the person(s) residing in the principal dwelling.
(d)
Verification from the governmental agency which owns the proposed elder cottage that such agency consents to the application and that the applicant qualifies for the governmental program which supports such housing together with a proposed form of lease establishing such agency as the owner/lessor of such elder cottage and a responsible party for the removal of the unit in accordance with this section, and naming the Township of Sandyston as an intended beneficiary of the obligations under such lease.
(e)
A plot plan derived from an accurate survey, showing lot area and dimensions, location of the principal dwelling, location of all existing accessory buildings and structures, proposed location of the elder cottage, setbacks of the proposed elder cottage to all lot lines and other buildings and structures on the lot and location of existing and proposed water supply and sewage disposal systems.
§ 150-11 Corner lots.
A.
Yard requirements shall be extended beyond those of § 150-8 so that for a distance of at least 30 feet from the intersection, there shall be an unobstructed view across the lot from each street to the other.
B.
Within the area described above, no fence, wall or structure of more than 2 1/2 feet in height shall be erected nor shall any planting in the same area be permitted to exceed 2 1/2 feet in height.
§ 150-12 Dangerous conditions.
No permit shall be granted for the erection or occupancy of a building if its design or construction creates or is likely to create a hazard or exceptional risk of traffic congestion or to public safety.
§ 150-13 Restrictions on principal buildings and impervious coverage.
[Amended 11-5-1997 by Ord. No. 4-97; 8-3-1999 by Ord. No. 4-99]
§ 150-14 Public utilities and institutions and other conditional uses.
[Amended 9-1-1977]
This section applies to such public utilities as water filtration plants, sewage disposal plants, pumping stations, sanitary landfills, high-voltage lines and substations. It also applies to such institutions as private or public schools; hospitals; clinics; convalescent, rest or nursing homes; and to government buildings; clubs, as regulated in § 150-28C; and other recreational facilities. Inasmuch as such uses and structures may be inimical to the public health, safety and general welfare if established without due consideration of all relevant factors, they are conditionally permitted in Zones A, B, C and D under the terms of this chapter, to be established only after review and approval by the Planning Board, and the following procedure is therefore ordained for their establishment:
A.
An application for a conditional use permit shall be made to the Planning Board, accompanied by a site plan showing the entire site and upon which shall be shown the location of all existing or proposed structures, along with such fences and safety devices as may be required by the nature of the use and such landscaping as will bring the facility into harmony with the character of the residential zone in which it is located. In the case of institutional uses, proof must be submitted that at least five acres of land are to be used and that the proposed buildings do not cover more than 25% of the lot area and that no structure will be closer than 75 feet to any street line or 50 feet to any property line. In the case of schools, the acreage occupied must be sufficient to provide for adequate and rapid permeation of effluent from waste treating systems without polluting the groundwater resources. In the case of hospitals, nursing homes, etc., where occupants are cared for on a twenty-four-hour basis, the area occupied shall be sufficiently large so that the density shall not exceed that of the zone involved, assuming five persons per family, including patients and service personnel, unless the building or buildings are connected with an approved sewage-treating facility. Off-street parking spaces shall be provided in accordance with the requirements of § 150-17B and 150-19. Service or storage yards which are not fully compatible with the character of residential zones shall be shown to be necessary adjuncts of the proposed use to the satisfaction of the Planning Board and be considered accordingly.
B.
After a hearing on the application, the Planning Board may order the issuance of a conditional use permit if, from the evidence adduced at the hearing, it shall find that the proposed conditional use and each proposed structure:
(1)
Is reasonably necessary for the convenience of the community and is a use permitted in the zone as a conditional use.
(2)
Will not be detrimental to the owners of properties in the vicinity in their use and enjoyment thereof.
(3)
Will not create undue traffic congestion or other safety hazards.
(4)
Will have available an adequate supply of potable water and will be served by a sanitary waste disposal system which will be acceptable to the appropriate authorities.
(5)
Complies with all area and yard requirements, height limits or other requirements contained in this chapter.
(6)
Is designed so as to conform to and harmonize with the general character of the area and will not adversely affect the safe and comfortable enjoyment of properties in the zone.
(7)
Will not constitute a substantial detriment to the public good and will not substantially impair the intent and purpose of the zone plan and this chapter.
C.
The Planning Board may require the submission of preliminary building plans and such other information as it may require for full consideration of the application and, to that end, may employ technical experts, any expense incurred thereby to be charged to and borne by the applicant.
D.
The Planning Board may impose such reasonable conditions upon the issuance of a conditional use permit as it may deem necessary to protect the public interest and promote the purposes of zoning as set forth in § 150-2 of this chapter. Specifically, but not by way of limitation, the Planning Board may impose conditions calculated to provide adequate off-street parking facilities, adequate open areas, adequate and attractive fences and other safety devices, where required, and sufficient landscaping, including shrubs, trees and lawns, and adequate maintenance thereof.
E.
High-voltage overhead transmission lines shall be subject to site plan review and approval by the Planning Board.
F.
Outdoor sales. It shall be unlawful for any person or entity to conduct an outdoor sale without first having obtained a zoning permit from the Zoning Officer of Sandyston Township for said sale. Outdoor sales which have been approved by a site plan granted by the Land Use Board and farm stands are excluded from the definition of "outdoor sales" and are not regulated by the provisions of this section.
[Added 12-11-2007 by Ord. No. 12-07]
(1)
The Zoning Officer may issue a permit for the outdoor sale, provided that the following requirements are satisfied:
(2)
Application requirements. Any person desiring to hold an outdoor sale, as defined in this article, shall file with the Land Use Administrator, 30 days prior to the opening day of said sale, a written application containing the following information;
(a)
The name and address of the owner of the property where the sale is to be held.
(b)
The name and permanent address of the applicant for the permit.
(c)
A description of the place where the sale is to be held, including the street address and the tax lot and block on the Sandyston Township Tax Map.
(d)
The name of the business operating the sale, including the corporate name, trade name and business name of the business.
(e)
The nature of the occupancy of the property, whether by ownership, lease or sublease.
(f)
The dates on which the sale is to be conducted.
(g)
A description of the merchandise, products, equipment, material or objects to be sold outdoors.
(h)
A letter from the company, firm or organization for which the applicant purports to work, authorizing the applicant to act as its representative and make application for the permit.
(i)
A letter from the individual or entity owning the real property consenting to the outdoor sale.
(j)
A full and complete statement of facts regarding the sale, including a description of the sale and the reason therefor, and the manner in which the sale will be conducted.
(3)
The Land Use Administrator shall deliver the application to the Township Zoning Officer.
(4)
The applicant shall pay a fee in the sum of $15 to the Sandyston Township at the time of the filing of the application.
(5)
Processing of application. Following the filing of an application for a permit for an outdoor sale and upon the satisfaction of all requirements herein, the Township Zoning Officer shall issue the zoning permit for the outdoor sale for which the application is made.
(6)
Regulations governing the operation of outdoor sales. The following regulations shall be complied with in the operation of the outdoor sale:
(a)
The items offered for sale in the outdoor sale shall be the same goods as sold inside the building.
(b)
The outdoor sale shall be conducted for a time period of no more than 120 days annually.
(c)
The zoning permit for the outdoor sale shall specify the dates for which the license is issued. The duration of the sale shall be limited to those dates.
(d)
The applicant shall display the zoning permit for the outdoor sale prominently on the property where the sale is being located.
(e)
All items from the outdoor display must be brought in every evening throughout the duration of the sale.
(f)
The hours of operation of the outdoor sale shall be limited to the periods between 9:00 a.m. and 9:00 p.m.
(g)
The premises shall be completely cleaned of debris upon the completion of the sale, including the adjacent street or highway.
(h)
Any zoning permit issued hereunder shall not be assignable or transferable.
(7)
Violations and penalties. Any person, firm or corporation violating any of the provisions of Subsection F shall, upon conviction therefor, be subject to a fine not to exceed $500 or imprisonment in the county jail for a term not to exceed 90 days, or both. Each day of the sale in violation of any or all of the provisions of Subsection F shall constitute a separate offense.
(8)
Revocation of permit. In addition thereto, the Zoning Officer may revoke any permit granted hereunder after reasonable opportunity for the permittee to be heard for any violation of the provisions of this Subsection F or any other chapter of the Code of Sandyston Township which may affect the operation of the permittee's business.
§ 150-15 Clothing bins. [1]
[Added 12-11-2012 by Ord. No. 2012-08]
A.
Clothing bin permit requirements.
(1)
No person shall place, use, or employ a donation clothing bin, for solicitation purposes, within the Sandyston Township, unless they have complied with all of the requirements set forth in N.J.S.A. 40:48-2.61.
(2)
No permit for a clothing bin shall be issued unless the applicant can demonstrate that the placement of the clothing bin is permitted by the site plan or that it will have no effect on zoning and/or site plan requirements and regulations as determined by the zoning official.
(3)
Each permit will require the following information as minimal requirements:
(4)
Each permit with permit number will be posted on each bin in a place easily visible to all.
B.
Clothing bin permit application, duration and fee.
(1)
The Municipal Zoning Officer shall be the municipal agency as referenced in N.J.S.A. 40:48-2.61 to accept applications, process them and issue clothing bin permits.
(2)
The permit fee shall be $25 for the initial application. Annual renewals of said permit will require a renewal fee of $15.
(3)
Permits issued by the Zoning Officer shall be valid for one year.
(4)
Each permit holder must report annually, no later than March 1, the annual tonnage handled under each permit.
C.
Penalty for violations. Any person or entity violating this section provision of N.J.S.A. 40:48-2.60 et seq. shall be to the penalties set forth in N.J.S.A. 40:48§ 2.63.
[1]
Editor's Note: Former § 150-15, Yards, was repealed 11-1-2005 by Ord. No. 10-05.
§ 150-16 Height limit exceptions.
[Amended 12-14-1993 by Ord. No. 7-93]
A.
The height limitations of this chapter shall not apply to church spires, silos, belfries, chimneys on dwellings, ventilators, skylights, bulkheads, antennas and necessary mechanical appurtenances usually carried above the roof level.
B.
The provisions of the Land Use Ordinance that affect height of structures is hereby waived for any homeowner that must, as a result of federal government act, raise a conforming structure to the base flood elevation as may be set from time to time by FEMA or any appropriate federal government agency. This waiver will be of no consequence if for any reason other than overall height the structure is or becomes a nonconforming structure.
[Added 12-17-2013 by Ord. No. 2013-11]
§ 150-17 Off-street parking spaces.
[Amended 5-1-1986]
A.
Off-street parking in residential and nonresidential districts shall be provided as follows:
Use | Minimum Number of Required Spaces | |
|---|---|---|
Assembly hall, auditorium | 1 for each 100 square feet of gross floor area or 1 for each 4 seats, whichever is greater | |
Bank | 8 for each teller window | |
Bowling alley | 4 for each alley | |
Church, house of worship | 1 for each 3 seats or 1 for each 72 inches of seating space when benches rather than seats are used | |
Club | 20, plus 1 additional for each 200 square feet of gross floor area | |
College | 1 for every 2 students | |
Community center | Same as auditorium | |
Dwelling | ||
Single-family detached | 2 | |
Two-family | 1.5 per dwelling unit | |
Townhouse | 1.5 to 2.0 per dwelling unit, depending upon number of bedrooms and availability of visitor parking. (Note: The number of required spaces may be increased to accommodate variations in geographical location, number of bedrooms and age of occupants.) | |
Multiple-family | 1.5 to 2.0 per dwelling unit, depending upon number of bedrooms and availability of visitor parking | |
Grade school | 1 for each teacher and employee, plus 10 percent | |
High school, prep school | 10 for each classroom | |
Funeral home, mortuary | 10, plus 1 for each 50 square feet of space devoted to chapel or slumber rooms | |
Hospital | 1.5 for each bed | |
Industrial use | 1 for each employee on maximum shift, plus 10 percent, or 1 for each 300 square feet of gross floor area | |
Manufacturing use | Same as industrial use | |
Motels and hotels | 1 for each room | |
Nursing home | 1 for each 2 beds | |
Office, general and professional | 1 for each 250 square feet of gross floor area | |
Restaurant | 1 for each 2 seats devoted to service | |
Research laboratory | 1 for each employee on the maximum shift, plus 10%, 1 for each 250 square feet of gross floor area | |
Retail store, service business | 1 for each 200 square feet of floor area | |
Shopping center | ||
10 to 25 acres | 6 for each 1,000 square feet of gross floor area | |
26 to 50 acres | 5.5 for each 1,000 square feet of gross floor area | |
50 acres or more | 5.3 for each 1,000 square feet of gross floor area | |
Skating rink | 1 for each 120 square feet of rink area | |
Service station | 2 for each bay, plus 1 for each service vehicle | |
Storage warehouse | 1 for each employee on maximum shift, plus 10 percent, or 1 for each 750 square feet of gross floor area | |
Theater | 1 for each 4 seats | |
Wholesale store, motor vehicle establishment, furniture store | 1 for each 400 square feet of gross floor area, plus 1 for each employee on maximum shift | |
B.
For any use permitted in the residential or nonresidential districts for which specific parking requirements have not been designated, the minimum number of spaces shall be determined by the number of employees, visitors or customers that can be expected at any time.
§ 150-18 Off-street loading and unloading space.
For all buildings or parts thereof hereafter erected in the service zones, there shall be provided and maintained one off-street loading space, which shall be at least 10 feet in width and 25 feet in length and shall have a fourteen-foot clearance above grade.
§ 150-19 General requirements for all nonresidential off-street parking areas.
[Amended 5-1-1986]
A.
All off-street parking areas shall be paved with macadam. The paving shall consist of two inches of bituminous concrete surface course, three inches of bituminous stabilized base and four inches of dense-graded aggregate base material.
[Amended 12-11-2007 by Ord. No. 12-07]
B.
Adequate drainage shall be provided for throughout the parking area.
C.
General illumination throughout the parking area shall be 0.5 footcandle. All lighting shall be arranged as to reflect the light down, away from all adjacent residential buildings, residential districts or streets.
D.
Each parking space shall be line-painted and shall have a minimum width of 10 feet and a minimum depth of 20 feet. Where required, curbing shall be either poured concrete or Belgian block.
E.
The off-street parking area shall be effectively screened on any side which adjoins or faces premises situated in any residential district or institutional premises by a solid, uniformly painted fence or wall not less than four feet nor more than six feet in height, maintained in good condition; provided, however, that where the adjacent owners agree, in writing, a screening of hedge or other natural landscaping may be substituted for the required fence or wall.
F.
The off-street parking area shall be subject to approval of the Planning Board to ensure its adequacy, relation to traffic safety and protection of the adjacent properties and to further assure that all requirements of this article are complied with.
G.
No part of any off-street parking area shall be closer than 10 feet to any residential district line, residential property line, institutional building or street right-of-way and no closer than three feet to any building.
H.
No part of any off-street parking or loading area shall be used for commercial repair work or servicing of any kind.
I.
All such parking space shall be considered to be required space on the lot on which it is located unless otherwise stated in writing and shall not otherwise be encroached upon or reduced in any manner.
§ 150-20 Prohibited uses and activities.
[12-14-1993 by Ord. No. 7-93; 4-12-2016 by Ord. No. 2016-02; 7-20-2021 by Ord. No. 2021-07; 11-19-2024 by Ord. No. 2024-15]
The following are specifically prohibited in any zone in Sandyston Township:
A.
Airports and heliports.
B.
Auction markets.
E.
Billboards, signboards, commercial signs and devices not expressly related to the business or profession being conducted on the premises or otherwise specifically permitted by ordinance.
F.
Carousels, merry-go-rounds, roller coasters, open-air theaters, Ferris wheels, whirl-a-gigs, pony or train rides, midways, side shows, carnivals and similar outdoor commercial recreational activities, lunch counters, road stands and the like, without special review by the Board of Adjustment.
G.
Migrant labor camps or housing.
H.
Sand- and gravel pits and other mining operations.
I.
Seasonal cottages, bungalow colonies or camps which are owned and operated as a commercial enterprise for profit or income, without review and approval by the Planning Board.
J.
Trailers for dwellings, business, mobile home parks or storage.
L.
Communications towers for the transmission or reception of radio, television, telephone or other communications.
M.
Kennels of any type, and as further defined in § 150-4 of this Code, are prohibited in all zones.
N.
All classes of cannabis establishments, cannabis distributors and cannabis delivery services, as said terms are defined in Section 3 of P.L. 2021, c. 16,[3] but not the delivery of cannabis items and related supplies by a delivery service.
(1)
Unauthorized sale and gainful transfer of usable cannabis.
(a)
Prohibition on retail sale of cannabis. Pursuant to N.J.S.A. 24:6I-45b and in accordance with Township Zoning Ordinance § 150-20N and N(1), the operation of any cannabis retail establishment and/or the retail sale of usable cannabis by any person or business directly to consumers for recreational consumption is prohibited within the geographic boundaries of the Township of Sandyston.
(b)
Prohibition on certain transfers of usable cannabis. Pursuant to N.J.A.C. 17:30-2.1 and Township Zoning Ordinance § 150-20N and N(1), the unauthorized sale and/or gainful transfer of usable cannabis in any instance, including and not limited to transfer for remuneration or for promotional and/or business purposes, is hereby prohibited within the geographic boundaries of the Township of Sandyston.
(c)
Civil fines and penalties.
[1]
Any person(s), firm(s), business(es), corporation(s) and/or other organizations, including any licensed medical and/or cannabis establishment, found to be engaged in the unauthorized sale and/or the gainful transfer of usable cannabis in violation of § 150-20N and N(1) shall, upon conviction, be subject to a civil fine and penalty not exceeding $2,000. Any such person shall, upon conviction, be subject also to imprisonment for a term not exceeding 90 days or to a period of community service not exceeding 90 days as well as such penalties as may otherwise be provided by law.
[2]
Each and every day any person(s), firm(s), business(es), corporation(s) and/or other organizations, including any licensed medical and/or cannabis establishment, remains in violation of the provisions of this subsection after the deadline for compliance set forth in any notice of violation issued by the enforcing officer(s) of the Township shall, in the discretion of the Court, be considered a continuing violation punishable as a separate and distinct offense and subject to a separate civil fine and penalty for each and every day the violation continues.
[3]
The New Jersey Municipal Court or Superior Court shall have jurisdiction to hear and decide any action(s) brought to enforce the provisions of this subsection, the hearing for which shall be conducted in a summary manner pursuant to N.J.S.A. 2B:12-16a, and any final order imposing fines and penalties for a violation of this subsection shall be enforceable in the New Jersey Municipal Court or Superior Court and collectible as a lien against the property of the violator in accordance with the Penalty Enforcement Law of 1999, N.J.S.A. 2A:58-10 to 2A:58-12.
[3]
Editor's Note: See N.J.S.A. 24:6I-33.
§ 150-21 Garages, service stations, repair establishments and car laundries.
A.
Garages, service stations, repair establishments and car laundries shall be prohibited in all residential zones and shall be permitted only in service zones subject to review of site plans and final approval by the Planning Board as accorded other conditional uses. Plans for the construction of a new building or the alteration of an old one for the servicing, repair or cleaning of motor vehicles, including the sale of fuel and lubricant, shall be submitted to the Planning Board, in writing, with documents, including the following:
[Amended 9-1-1977]
(1)
A site plan, drawn to scale, showing entrances, exits, driveways and the locations of all lifts, tanks, pumps and other essential mechanical features. Architectural features should be in harmony with other business or service buildings in the zone.
(2)
The width of all streets upon which the premises abuts.
(3)
The location, use and type of all buildings within three hundred (300) feet of the boundary of the premises.
(4)
Where the applicant is other than the owner of the premises, the written consent of the owner must be included as part of the application.
(5)
The lot or parcel occupied shall have a street frontage of at least 125 feet and an average depth of 100 feet or more. The walls of the principal building shall be at least 25 feet or more from the nearest property lines, and gasoline filling stations shall have their pumps and other service facilities at least 20 feet from any street right-of-way. No motor repair work shall be performed in the open. All automotive parts, dismantled or wrecked vehicles and similar articles shall be screened from public view in a manner satisfactory to the Planning Board. No drain lines shall discharge into a sanitary sewer system or into a brook or stream.
B.
In proceeding with its review and public hearing, the Board may require such changes in the yard, location of buildings, pumps, accessories, parking areas, entrances and exits as it may deem best to ensure safety and to minimize traffic difficulties and may require the installation and maintenance of fences or natural plantings so as to screen outdoor activities from adjacent properties and public streets before any permit may be issued to any applicant for the erection or operation of any of the aforesaid facilities.
[Amended 10-2-1975]
§ 150-22 Conversion of buildings.
The conversion of any building into a dwelling shall not be permitted unless the new building and resulting occupancy comply with the requirements governing new construction in such zone.
§ 150-23 Undersized lots.
[Amended 7-2-1996 by Ord. No. 4-96]
An existing lot in single ownership at the time of the passage of this chapter, which has an area of less than the zone requirements, may be utilized for any permitted use, provided that the yard requirements are met. If the yard requirements cannot be met, the Planning Board shall determine the extent to which such yards may be reduced. The separate use of two or more adjacent, undersized lots in common ownership, where there is no practical possibility of obtaining additional land, shall be determined by the Planning Board, taking into account the effect upon the character of the neighborhood.
§ 150-24 Home occupations.
[Amended 3-5-1996 by Ord. No. 2-96; 7-2-1996 by Ord. No. 4-96]
A home occupation, as defined in this chapter, may be introduced or maintained in any residential zoning district as an accessory use, provided that the same shall be introduced or maintained in accordance with the following requirements:
A.
The occupation shall be naturally and normally incident and subordinate to the main use of the premises or lot.
B.
The accessory use shall not involve more than 25% of the area of the dwelling.
C.
The occupation shall be conducted entirely inside the residence.
D.
The home occupation shall be conducted solely by one or more members of the family occupying the residence, except that no more than one non-family member may be employed in such use.
E.
Exterior evidence of the accessory use shall be limited to one nameplate in accordance with § 150-52A.
F.
The accessory use shall have no appreciable adverse impact upon the use and enjoyment of adjacent properties, including but not limited to the following:
(1)
No machinery or electrical equipment shall be employed which shall cause interference with radio and telecommunications transmissions and reception in adjacent residences;
(2)
No sounds shall be allowed to emanate from the use as shall be audible outside the property lines.
(3)
There shall be no outdoor display or sale of articles or products.
(4)
No home occupation use shall be conducted or maintained in such a way as to create a nuisance.
§ 150-25 Home professional office.
[Amended 3-5-1996 by Ord. No. 2-96; 7-2-1996 by Ord. No. 4-96]
A home professional office, as defined in this chapter, may be introduced or maintained in any residential zoning district as an accessory use, provided that the same shall be introduced or maintained in accordance with the following requirements:
§ 150-26 Floodplain areas. [1]
[Amended 7-11-1985; 1-7-1991 by Ord. No. 9-90]
A.
No building for human habitation or occupancy or for the housing of livestock or other animals shall be erected on the floodplains of the Big or Little Flatbrooks and tributaries. The alteration or disturbance in and around freshwater wetland areas and the discharge of dredge or fill material into state open waters are subject to the regulations and provisions of N.J.A.C. 7:7A, Freshwater Wetlands Protection Act.
B.
Septic tanks and related components of sewage disposal systems, including trenches, are prohibited within 150 feet of the Big and Little Flatbrooks and tributaries and anywhere in the Township where groundwater is found to occur less than 24 inches below the surface of the ground, as per regulations and provisions of N.J.A.C. 7:9A, Standards for Individual Subsurface Sewerage Disposal Systems, commonly known as "Chapter 199."
§ 150-26.1 Aquifer protection and well testing.
[Added 5-8-2007 by Ord. No. 6-07]
A.
This aquifer protection and well testing section is adopted to ensure the adequacy of potable groundwater supply for residential and commercial development in areas not served by public water supply and to ensure that such water is safe for human consumption and use. Abandoned and faulty wells may cause pollutants to reach the aquifer, creating risk to life safety of residents drawing water from that source. These provisions are established to promote the health, safety and welfare of the citizens of the Township of Sandyston. These provisions do not excuse any person or entity from complying with all other relevant requirements and obligations imposed by state and federal laws and regulations and other local ordinance provisions.
B.
General provisions.
(1)
A plot plan with locations of all existing wells must be submitted with all development applications. Every reasonable effort, including records search and field investigations, must be employed to locate existing wells. The assistance of a licensed well driller should be sought when subsurface wells (where well casing does not come above ground surface) are probable (e.g., old farmsteads, abandoned houses, foundations). If there are no existing wells, a letter from the applicant's engineer so stating must be submitted. A field inspection may be required.
(2)
A statement of intent as to which wells, if any, are to remain in use and which wells are to be abandoned must be submitted to the Township for each development project. Well status must also be designated on the plot plan referred to in Subsection B(1) above.
(3)
All existing wells which do not meet New Jersey Department of Environmental Protection (NJDEP) standards for the construction of public noncommunity and nonpublic water systems set forth in N.J.A.C. 7:10-12 et seq. must be brought up to those standards or certified sealed by a licensed well driller prior to site improvements. Temporary exception can be made for wells in use and existing wells, which will be used as monitor wells during pumping tests. Requests for a temporary exception must be made to the Township Engineer.
(4)
All wells which are to be abandoned in accordance with § 150-26.1B(2) must also be scaled and certified by a licensed well driller prior to site alteration or improvements and aquifer well testing.
(5)
Joint patterns should be taken into consideration when locating well and septic systems. Because vertical joints are abundant, every reasonable effort shall be made to ensure that wells and septic systems are not located along the same joint line, and to maximize separation.
(6)
A wellhead protection area may be reserved as open space on the up-gradient side of the cluster of domestic wells in a subdivision. Location and size of the wellhead protection areas for each subdivision will be determined on a case-by-case basis.
C.
Aquifer testing for commercial/industrial/multifamily residential development.
(1)
Projected water demand of the project must be determined in accordance with NJDEP standards for the construction of public noncommunity and nonpublic water systems set forth at N.J.A.C. 7:10-12 et seq.
(2)
If the project water demand is 100,000 gallons per day (gpd) or more, the applicant must obtain a water diversion permit from the NJDEP. Pumping tests must be in accordance with NJSG GSR 29, Guidelines for Preparing Hydrogeologic Reports for Water-Allocation Permit Applications. A copy of the permit application must be submitted to the Township for review.
(3)
If the projected water demand is less than 100,000 gpd but greater than or equal to 50,000 gpd, at least two observation wells are required in accordance with the testing procedure set forth at Subsection C(2) above. One observation well should be located along the structure, and one across the structure from the test/production well. Existing wells, on and off site, may be used as observation wells with the property owner's permission. Any owner of an existing well within 500 feet of the zone of influence, whichever is the greater of the test/production well may request monitoring of that well as an observation well at the applicant's expense. Locating and accessing the well shall be at the observation well owner's risk and expense. The owner of the observation well shall sign a release holding the well tester harmless for any inconvenience. The observation well should be sampled for coliform before and after the pumping test. The applicant is required to chlorinate and resample any observation well contaminated with coliform during testing.
(5)
Additional tests as required by the Private Well Testing Act of 2002, N.J.S.A. 58:12A-26 et seq., shall also be completed. The pumping rate and total gallons pumped should demonstrate that the needed water is available without detrimental impact on the aquifer or nearby wells.
(6)
The test/production well site shall be chosen by the applicant's hydrogeologist to maximize yield and minimize interference with other wells. The hydrogeologist shall be responsible for the design and supervision of the pumping test.
(7)
A geologic and hydrogeologic report containing appropriate maps, well logs, pumping test data, information on nearby wells, on-site water balance, results of the water analyses, discussion of the adequacy of the water supply and local/regional effects on the water table, and recommendations must be prepared by the applicant's hydrogeologist and submitted to the Township for review.
(8)
The report described in Subsection C(7) above shall be reviewed by the Township Engineer who may require additional testing or information.
(9)
Monies to cover all review expenses must be deposited in an escrow account prior to preliminary site plan approval in accordance with the requirements of N.J.S.A. 40:55D-53.1 et seq.
D.
Aquifer testing for single-family residential developments. For all major subdivisions, an aquifer test and hydrogeologic report shall be submitted and reviewed prior to granting of preliminary subdivision approval. Aquifer testing and data to be included in the report are as follows:
(1)
The average daily, peak day, and average yearly water demand for each subdivision of six or more lots must be determined according to guidelines set forth at N.J.A.C. 7:10-12.7. Peak day is twice the average daily demand.
(2)
Test wells.
(a)
The minimum number of test wells required is based on the number of lots and the acreage of the tract to be developed, as follows:
Number of lots | Wells |
|---|---|
6-10 | 2 test wells, 1 pumping test |
11-25 | 3 test wells, 1 pumping test |
26-50 | 4 test wells, 1 pumping test |
More than 50 | 4 test wells plus one additional test well for additional 25 lots or part thereof; at least 4 test wells per 100 acres. More wells may be needed depending on geology and well yield; one pumping test per each 50 lots or part thereof. |
(b)
Each pumping well must have an observation well within 500 feet. More pumping tests than indicated above may be needed to pump the estimated water demand of a project in a twenty-four-hour period, depending on the yield of the test wells.
(3)
Wells should be located by applicant's hydrogeologist on lots in such a manner that they may become the domestic supply for that lot. Locations should take into consideration:
(a)
Area distribution of test wells on the tract;
(b)
Geologic variability beneath the site;
(c)
Topography;
(d)
Geologic structures, joints, faults, etc.; and
(e)
Two wells in each group should be located on adjacent proposed lots and along the dominant joint direction. One of these wells should be the pump-testing well in each group.
(4)
Wells must be constructed in accordance with standards for the construction of public noncommunity and nonpublic water systems set forth at NJDEP, N.J.A.C. 7:10-12 et seq. Each test well must have a locking cap.
(5)
Pumping test(s).
(a)
The pumping test(s) shall be designed by the applicant's hydrogeologist to pump at least the average daily water demand and preferably the peak day demand at the highest rate possible. For 50 or more lots, the peak day demand plus 20% additional must be pumped.
(b)
The pumping test(s) must last at least four hours and up to 24 hours. Test(s) must be conducted in accordance with standard methods. All test wells shall be monitored for drawdown by reliable methods; dip tubes should be installed for this purpose in a pumping well. Discharge must be metered and channeled away from the wellhead. The pumping test must be followed immediately by a standard recovery test to 90% recovery in the pumping well. If the water level has not recovered to 90% in one hour, a water level should at least be taken the following morning to be sure that the level has recovered to 90% of static.
(c)
The pumping rate, total gallons pumped, amount of drawdown and recovery rate should demonstrate that the needed water is available without detrimental impact on the aquifer or nearby wells.
(6)
Water samples must be collected near the end of the pumping test(s) and be analyzed as per Subsection C(4) above, or as required by the Township Engineer. Projects of 50 or more lots must comply with public community water supply testing standards.
(7)
A geologic and hydrogeologic report containing appropriate maps, well logs, pumping test data, information on nearby wells, on-site water balance results of the water analyses, discussion of the adequacy of the water supply and local/regional effects on the water table, and recommendations must be prepared by the applicant's hydrogeologist and submitted to the Township Engineer for review. For developments of 50 or more lots, the hydrogeologic report must also be reviewed by NJDEP.
(8)
The report required in Subsection D(7) above shall be reviewed by the Township Engineer who may require additional testing or information.
(9)
Monies to cover all review expenses must be deposited in an escrow account prior to preliminary site plan approval in accordance with the requirements of N.J.S.A. 40:55D-53.1 et seq.
§ 150-26.2 Renewable energy systems, residential and commercial.
[Added 8-6-2013 by Ord. No. 2013-08]
A.
Residential.
(1)
Purpose. The primary purpose of a renewable energy system shall be to provide power for the principal use of the property whereon said system is to be located and shall not be for the generation of power for commercial purposes (see Subsection B below), although this provision shall not be interpreted to prohibit the sale of excess power generated from time to time from a renewable energy system designed to meet the energy needs of the principal use. For the purposes of this subsection, the sale of excess power shall be limited, so that in no event is a renewable energy system generating more energy for sale than what is otherwise necessary to power the principal use on the property.
(2)
Applicability.
(a)
Small wind energy and solar energy systems shall be permitted as an accessory use on the same lot as the principal use in all districts, subject to the requirements of this section. Renewable energy systems shall be a permitted use on any lots comprising 20 or more contiguous acres owned by the same person or entity. This subsection shall not apply to roof-mounted solar energy systems, which systems and equipment extend 12 inches or less beyond the roofline or highest point of the roof structure on which the system is located. This subsection shall also not apply to ground-mounted solar energy systems that consist of 10 or less panels, and are situated more than 50 feet from the nearest property boundary line.
(b)
All renewable energy systems require approval from the Zoning Officer and the Construction Official prior to installation. Applications for small wind energy and solar energy systems shall include information demonstrating compliance with the provisions of this subsection. In the event that the Zoning Officer or Construction Official does not believe the provisions of this subsection are satisfied, an applicant may request and/or file a variance application with the Township Land Use Board.
[1]
Small wind energy and solar energy systems accessory to a permitted principal use shall be allowed in any zoning district and may be installed upon receipt of the necessary construction, electrical and/or mechanical permit(s). This subsection applies to small wind energy and solar energy systems to be installed and constructed for both residential and commercial use.
[2]
Renewable energy systems that are the principal use of a lot are governed by other sections of the Township Zoning Ordinance, in accordance with the applicable zoning district regulations.
(3)
Design and installation. Renewable energy systems shall comply with the accessory structure restrictions contained in the zoning district where the system is located, unless otherwise set forth below:
(a)
The systems shall conform to all current industry standards, including the National Electric Code as adopted by the New Jersey Department of Community Affairs.
(b)
All exterior electrical, utility and/or plumbing lines must be buried below the surface of the ground and be placed in a conduit. All electrical, utility and/or plumbing lines leading down the side of a structure from rooftop installations shall be installed and maintained as aesthetically as possible.
(c)
Renewable energy systems that connect to the electric utility shall comply with the applicable interconnection standards for Class I Renewable Energy Systems, as may be amended.
(d)
The systems shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the system. In no case shall any identification be visible from a lot line.
(e)
The design of renewable energy systems shall, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend the system into the natural setting and existing environment.
(f)
The installation of a wind or solar energy system shall conform, to the extent applicable, to the Uniform Construction Code, as amended, and is subject to all local utility company requirements for interconnection.
(4)
Setbacks and height restrictions.
(a)
A renewable energy system must comply with all setback and height requirements for the zoning district where the system is to be installed, unless otherwise set forth in herein.
(b)
When a building or cabinet is necessary for storage cells or related mechanical equipment, it must be documented as to the necessity. The building may not exceed 120 square feet in area nor 15 feet in height and must be located at least the number of feet equal to the accessory building setback requirements of the zoning district from any lot line. Any mechanical equipment associated with and necessary for operation, including any building or cabinet for batteries and storage cells, shall be equipped with a functioning lock and posted with a small sign notifying the existence of renewable energy system equipment on the outside of the building or cabinet, in order to notify emergency personnel.
(5)
Abandonment. A renewable energy system that is out of service for a continuous twelve-month period shall be deemed abandoned. The Municipal Zoning Officer may issue a notice of abandonment to the owner of an abandoned renewable energy system. The owner shall have the right to respond to the notice of abandonment within 30 days from the receipt date. The Municipal Zoning Officer shall withdraw the notice of abandonment and notify the owner that the notice has been withdrawn if the owner provides the Municipal Zoning Officer with information demonstrating the renewable energy system has not been abandoned. If the renewable energy system is determined to be abandoned, the owner of the renewable energy system shall remove the system at the owner's expense within three months of receipt of notice of abandonment. If the owner fails to remove the renewable energy system, the Township may pursue a legal action to have the system removed at the owner's expense.
(6)
Solar energy systems. Solar energy systems shall not be permitted in a front yard, and shall be located so that any glare is directed away from an adjoining property. Solar panels shall not add, contribute to or be calculated to cause an increase in impervious surface coverage or ratio of any lot.
(a)
Rooftop solar panels. Solar panels shall be permitted as rooftop installation in any zoning district. The solar panels shall not exceed a height of 12 inches above the highest point of the roof structure. In no event shall the placement of solar panels result in a total height, including building and panels, greater than one foot in excess of what is permitted for the principal structure in the zoning district in which they are located. Panels installed in a rooftop configuration must be installed within the actual boundaries or edges of the roof area and cannot overhang any portion of the edge of roof. Solar panels installed in a rooftop configuration should be installed on the rear roof to the extent possible.
(b)
Ground-mounted solar panels. Solar panels may be installed on a ground-mounted apparatus only on lots with a minimum lot size of three acres. The principal building setback as required by the applicable zone shall be required between any ground-mounted solar panel and any lot line. Ground-mounted solar panels shall not exceed a height of 15 feet.
(c)
No additional rights. Any approval of a solar energy system does not create any actual or inferred solar energy system easement against adjacent property and/or structures. The owner and/or property owner of a solar energy system shall not infer or claim any rights to protective writs to any caused shadows or operating ineffectiveness against future development adjacent to or higher than the property location of the solar energy system. The approval of any solar energy system granted by the Township under this subsection shall not create any future liability or infer any vested rights to the owner and/or property owner of the solar energy system on the part of the Township or by any other officer or employee thereof for any future claims against said issuance of approval of the solar energy system that result from reliance on this subsection or any administrative decision lawfully made thereunder.
(7)
Small wind energy systems.
(a)
Design criteria.
[1]
Wind generators shall be designed with an automatic brake or other similar device to prevent over-speeding and excessive pressure on the tower structure.
[2]
Small wind energy systems shall not be artificially lighted, except to the extent required by the FAA or other applicable authority.
[3]
All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.
[4]
The tower shall be designed and installed so as not to provide step bolts, a ladder, or other publicly accessible means of climbing the tower, for a minimum height of eight feet above the ground.
[5]
All moving parts of the small wind energy system shall be a minimum of ten (10) feet above ground level.
[6]
The blades on the small wind energy system shall be constructed of a corrosive-resistant material.
[7]
All guy wires or any part of the wind energy system shall be located on the same lot as the energy system.
[8]
All equipment, sheds and tower bases shall be enclosed with a security chain-link or wood fence of at least seven feet in height, but no higher than eight feet unless otherwise approved by the Zoning Officer. All fences shall include a functioning locking security gate.
[9]
The connection between the small wind energy system and the building, electrical grid or street shall be underground.
(b)
Bulk requirements.
[1]
Minimum lot size 10 acres.
[2]
Minimum setbacks. All wind generators shall be setback from all setback lines a distance equal to 100% of the height of the structure plus 10 feet, including the blades.
[3]
Wind generators shall not be permitted in any front yards, unless application is made to and granted by the Land Use Board, based upon topographic conditions.
[4]
Maximum height. Freestanding wind generators shall not exceed a height of 120 feet, plus blades, but in no event higher than 145 feet. The maximum height shall include the height of the blades, at its highest point. If a height variance is granted, any approved tower must be monopole construction.
[5]
No more than one wind generator shall be permitted on any parcel of property.
[6]
Wind generators shall not be allowed as rooftop installations.
[7]
Wind generators on properties shall have a nameplate capacity (maximum ability to generate energy) of 20 kilowatts or less. If a kilowatt variance is granted, then the approved tower must be of monopole construction.
[8]
Towers for the wind generators shall have footprints no larger than 13 x 13 feet in size.
(c)
Noise. All small wind energy systems shall comply with the following:
[1]
Between a residential use or zone, sound levels of the wind energy system shall not exceed a 55 dBA at a common property line and 50 dBA to the closest occupied structure.
[2]
In all other cases at a common property line, sound levels of the wind energy system shall not exceed 65 dBA.
[3]
These levels may be exceeded during short-term events such as utility outages and/or severe windstorms, for a maximum of four hours.
[4]
Site location. Must be approved by the Planning and Zoning Board with due consideration given to the impact of the improvement on the surrounding properties.
(8)
Notice of hearings for consideration of the application of renewable energy systems, residential and commercial, by the Land Use Board shall be given in accordance with N.J.S.A. 40:55D-10.
B.
Commercial scale solar energy systems.
(1)
Preamble.
(a)
In recognition of the State of New Jersey's desire to promote the construction and use of renewable energy sources and, further, the State of New Jersey's designation of commercial scale solar energy system installations as an "inherently beneficial use," the Township seeks to designate such installations as conditional uses subject to a set of conditions consistent with sound engineering and planning principles which also take into account the character of the Township as a rural community without commercial or industrial zones.
(b)
It is the Township's belief and intent that the conditions and standards defined herein will serve to promote the beneficial use of commercial scale solar energy installations while ensuring that the negative impact of such development on environmentally sensitive areas, adjoining tracts, and the community as a whole is minimized and in keeping with the character of the Township.
(2) COMMERCIAL SCALE SOLAR ENERGY SYSTEM GROUND-MOUNTED SOLAR ARRAY RESIDENTIAL SCALE SOLAR ENERGY SYSTEM SOLAR ARRAY
Definitions. As used in this subsection, the following terms shall have the meanings indicated:
A solar energy system installation which produces energy in excess of the amount defined for residential scale solar energy systems. Such systems may also be identified as production systems or major solar energy systems.
A solar energy system consisting of individual panels or arrays of panels mounted on armatures anchored to the ground with ground cover beneath.
A solar energy system installation which produces energy in a year's time which is 110% or less of the total amount which may be reasonably anticipated to be consumed on average in a year's time by a principal residential use on the same parcel. In this context, reasonably anticipated may include actual or estimated present or future usage for lighting, space heating, air conditioning, charging of electric vehicles, and other energy consumption that may be associated with or anticipated in the near future to be associated with a principal residential use.
A quantity of structures, typically flat panels, arranged in an array and so oriented as to facilitate collection of solar energy. Individual structures within the array are known as solar collectors or panels. Solar collectors may be photovoltaic (converting light to electricity) in nature, thermal (converting solar energy to heat), or of another type.
(3)
Zoning regulations and conditions pertaining to commercial scale solar energy systems.
(a)
General.
[1]
Where there is range of possible alternative locations for an installation, preference will be given to installations installed on Township-owned property.
(b)
Conditions. The solar energy systems, commercial scale, shall comply with the following conditions.
[1]
Parcels upon which the installation is to be constructed must be a minimum of 20 acres or greater in area. The area or areas of a parcel or parcels immediately adjacent to the parcel under consideration may be considered in the area calculation provided that the deeds of any parcel(s) so used are modified to include permanent restrictions against further development except for that which pertains to the solar energy system in question.
[2]
Control of visual impact; screening. Commercial solar energy systems shall be screened from view of all public streets and adjoining properties. The required buffer shall be a minimum width of 50 feet consisting of naturalized plantings of predominantly evergreen trees. Buffering shall be continuous, with the exception of access roadways, and include a minimum of one tree and five shrubs per 300 square feet of buffer area. Deciduous trees shall have a minimum caliper of 2.5 inches and evergreen trees shall have a minimum height of eight feet. Adjoining residences shall be appropriately screened with a strategically located buffer no less than 150 feet in length, or as deemed necessary by the Planning Board to achieve a reasonable degree of screening. Existing mature perimeter vegetation having a width of less than 50 feet may be used to make up part of the required minimum buffer width of 50 feet. Species selected for new plantings shall be indigenous or widely introduced types also known for robustness and disease resistance. The intent is to present the appearance of an undeveloped property (other than for an access roadway or roadways) when the installation is viewed from off property.
[3]
Noise. Under all normal operating conditions and during all times of the year measured noise at the parcel boundaries shall be less than 55 dBA as measured using industry standard noise measuring instrumentation and measurement practices. Plan submission shall include an acoustic modeling study prepared by appropriately licensed professionals demonstrating compliance with the 55 dBA limit. Noise levels predicted by the model shall be such that calculated margins of error are added to modeled levels prior to comparison with the 55 dBA limit.
(c)
Setback requirements.
[1]
Minimum setbacks for the front shall be no less than 150 feet and for rear and side lines no less than 100 feet. Improvements, including screening plantings, fencing, and access roadways, are allowed within the setback zone with the proviso that setbacks for fencing shall be 50 feet minimum from any parcel boundary. Additionally, any fencing shall be located to the interior of the parcel with respect to any plantings established for purposes of visual screening.
[2]
Setbacks for noise producing-equipment such as transformers, inverters, and the like, provided such equipment produces noise at levels in excess of 55 dBA when measured at a distance of six feet, shall be 500 feet minimum from any boundary line unless the applicant can demonstrate that the noise limit given in Subsection B(3)(b)[3] above can be met at a lesser setback distance which may be less than 500 feet but no less than 250 feet.
(d)
Whenever possible, transformers, inverters, switchgear and other electrical equipment shall be enclosed with a building or buildings constructed for this purpose.
(e)
The maximum height above ground for solar arrays, solar panels and solar equipment shall be 16 feet.
(f)
The commercial grade solar energy systems shall be located on previously disturbed land, e.g., farmland not designated as prime agricultural soils, to the greatest extent possible. Installations on lands consisting of prime agricultural soils are prohibited. However, this restriction shall not be taken to mean that installations are prohibited on parcels with mixed soil types, provided such installations are designed and located in such a manner so as to not interfere with continuing or future use of the areas having prime agricultural soils.
(g)
The property shall be adequately fenced with a fence with a minimum height of eight feet to prevent access by unauthorized persons and shall be appropriately gated.
(4)
Plan submittal requirements.
(a)
Detailed plans for the entire proposed development shall be submitted for review. These plans shall, at minimum, provide the following information.
[1]
Nature and extent of all proposed disturbances and developments to the parcel in question, e.g., structures, access and maintenance roadways, solar panel foundations, stormwater control structures, fencing, security means such as cameras, visual screening barriers, border landscaping, etc.
[2]
Area and bounds of proposed solar panel field(s).
[3]
Number of panels to be installed.
[4]
Type and size of individual panels.
[5]
Proposed mounting methods for panels, etc., e.g, fixed position racks, tracking pedestal mounts, etc.
[6]
Proposed foundation structures for supporting panels.
[7]
Proposed generating capacity of the installation.
[8]
Proposed structures and intended purpose of such structures.
[9]
Location, physical size, and capacity of transformers, inverters, substations, switchgear, transmission lines or other utility infrastructure.
[10]
Location and design of access and maintenance roadways.
[11]
Screening with proposed planting details, including species, height at planting and location and existing screening.
[12]
Fencing details and security details.
[13]
Setbacks from all property lines.
[14]
Plans shall be prepared by a licensed surveyor, engineer and architect as their licenses permit.
(b)
The application shall fully comply with applicable requirements for major site plans as set forth in the Township ordinances except as altered by this section.
(c)
Notice of hearings for consideration of the application of renewable energy systems, residential and commercial by the Land Use Board shall be given in accordance with N.J.S.A. 40:55D-10.
(5)
Design and Construction Standards.
(a)
Submitted plans required for conditional use approval shall demonstrate that the planners have considered and acted to minimize all aspects of potentially negative impact such as visual appearance of the solar panel fields and attendant structures, appearance and placement of structures, reflections and glare from panels during daylight hours for all four seasons, placement and type of access and maintenance roadways, visual impact as seen from adjacent properties and particularly from the immediate vicinity of improvements (e.g., residences), potential interference with indigenous animal and plant species, preexisting natural features, removal of existing woodlands, etc. As an example, the design shall, to the maximum extent practicable, use materials, colors, textures, architectural features, screening and landscaping that will blend the facility into the natural setting and existing environment. Similarly, structures shall use materials, colors, textures, and architectural features consistent with and in keeping with the appearance and character of existing structures in the community.
(b)
The maximum permitted vertical height above ground for solar arrays shall be 16 feet.
(c)
Location and orientation of solar panels or arrays of panel shall not result in reflective glare as viewed from second story level (20 feet above ground) and below on adjoining properties.
(d)
Installations shall be of the type defined herein as ground-mounted solar arrays. Fixed orientation or tracking-type mountings are both permitted.
(e)
Placement of impervious surfaces beneath solar array installations is not permitted.
(f)
Removable pilings or other low-impact foundation, e.g., concrete poured into footing tubes, structures are strongly preferred as foundations for the solar arrays. Use of linear concrete footings is discouraged.
(g)
The minimum allowable "beginning of life" efficiency for photovoltaic panels shall be 12% or greater.
(h)
To the maximum extent possible, all wiring and cabling associated with the solar installation shall be located underground.
(i)
The installation shall fully comply with requirements given in the edition of the IBC (International Building Code) that is current at the time of application.
(j)
The installation shall fully comply with all applicable requirements of the National Electric Code as adopted by the New Jersey Department of Community Affairs.
(k)
Energy systems connecting to the electric utility shall comply with the New Jersey Net Metering and Interconnection Standards for Class I Renewable Energy Systems and as required by the electric utility connected thereto.
(l)
Structures for electrical equipment and for storage of vehicles, landscaping and maintenance equipment, etc., shall be designed to have a visual appearance in keeping with the Township's rural, farm, and residential character. Ideally such structures shall mimic typical farm buildings in external appearance rather than having an industrial appearance.
(6)
Environmental requirements.
(a)
Installations are not permitted to occupy areas of land designated by the NJDEP as critical habitat for state threatened and/or endangered species of flora or fauna or any other areas designated as areas of special concern.
(b)
No portion of the installation shall occupy areas of land designated by the NJDEP as floodplains, flood hazard areas, wetlands, wetland transition areas or riparian corridors. A three-hundred-foot buffer zone shall be maintained between any disturbance associated with the installation and NJDEP designated Category One waters.
(c)
Alteration of the parcel's natural contours is prohibited except for minimal changes as required for construction of access and maintenance roadways or for foundations for structures. All proposed construction shall comply with Sandyston Township's ordinance for design standards, Chapter 134.
(d)
Design and construction of the installation shall comply with the Township's Stormwater Management Ordinance (Chapter 138). Solar panels or solar panel arrays (exclusive of the bases or foundations of the same) shall not be included in calculations for impervious coverage.
(e)
Submitted plans for conditional use approval shall demonstrate that the applicant has selected appropriate vegetation for planting underneath and in the immediate vicinity of installed solar panels for the purposes of soil stabilization and that means will be in place to ensure proper ongoing maintenance of these plantings. Plantings of low-maintenance sun and shade tolerant grass mixtures such as "OVN" provided through the South Jersey Farmers Exchange are suitable for this purpose. Plantings of appropriately selected native species may also be acceptable. Plans shall also include provisions for prevention of takeover by invasive species. These plans shall be prepared by an appropriately licensed professional.
(f)
All access and maintenance roadways shall be constructed using pervious surfaces.
(g)
Use of photovoltaic panels containing hazardous substances, particularly any such substances liable to slow release into the environment via out-gassing, leaching, or similar processes, is prohibited.
(7)
Security requirements. Submitted plans for conditional approval shall demonstrate that adequate measures are taken to ensure security and safety for all aspects of the installation. These shall include, at minimum, measures to ensure that unauthorized access to the entire installation is prevented and particularly that access to potential hazards such as high voltages is denied other than for authorized personnel. It is recommended that the applicant demonstrate that means such as security cameras or other monitoring equipment are in place to assist in identification and prompt apprehension of persons gaining unauthorized access.
(8)
Solar access. Presumption of implied solar access rights by virtue of placement of a solar energy installation or panels on a given parcel is denied. It shall be the sole responsibility of the owner(s) of the installation to locate improvements so as to ensure continuing solar access irrespective of any existing or permitted future improvements to adjacent properties or from natural changes on adjacent properties such as growth of trees or other vegetation.
(9)
Maintenance and inspections. The applicant shall submit a plan for ongoing monitoring of all impacts anticipated for the development, particularly with respect to stormwater management, maintenance of security features such as fencing and cameras, and ongoing maintenance or replacement of plantings located to provide visual screening. The plan shall include provisions for inspection by Township officials as appropriate.
(10)
Decommissioning requirements. The applicant shall provide a plan for the decommissioning and removal or Township approved repurposing of all improvements to the parcel. This shall be accomplished within 180 days of the date on which commercial scale solar generation ceases to occur at the installation. The decommissioning process shall include steps taken to return the parcel to a semi-natural state, e.g., open fields planted with native or agricultural grasses. The Township Zoning Officer and Construction Official shall be responsible for overseeing any such decommissioning. It shall be the responsibility of the applicant or current owner(s) to cover all expenses associated with oversight by Township officials during the decommissioning process. The Township may require a performance guaranty by way of a bond or letter of credit to secure the decommissioning process.