Sparta Township City Zoning Code

Office buildings.

Data centers.

Indoor Commercial Recreation, Health Clubs, and Fitness Studios.

Outdoor recreation facilities.

Solar energy farms.

Golf courses.

Agricultural uses.

Equestrian centers

Public parks.

Soil removal operations.

Storage buildings, and warehousing with wholesale storage, subject to the definition of warehouse — which shall not include distribution center uses, fulfillment centers or parcel hubs, stand-alone or outdoor storage of any kind, stand-alone parking facilities.

Golf driving range.

Those uses customarily incident to the above uses (i.e. storage buildings, parking lots, etc.)

Farm stands and sale of agricultural products on a lot not less than five acres.

Gasoline service stations, automotive repair facilities, garages and car washes.

Any uses which directly or indirectly utilize materials listed in N.J.A.C. 7:1E-Appendix A, including petroleum products that are regulated but do not appear in Appendix A, shall be expressly prohibited. The Planning Board may give approval of a process or material discouraged in this zone by a majority vote of the full membership of the Board after a review by the Environmental Commission and public notification of a discussion on the matter with specific reference to the process or material. Such notification shall conform to the requirements of variance notification. Use of de minimis quantities of hazardous materials shall be allowed subject to explicit conditions and confirmation by the applicant that there shall be no outside storage or disposal of hazardous materials and no discharge of hazardous materials into the sanitary wastewater system or septic system or onto the land.

Distribution centers, fulfillment centers, or parcel hubs.

Stand-alone outdoor storage, or stand-alone parking facilities without a principal building located on the property.

Outdoor Storage.

Trucking Terminals.

Planned economic developments shall be consistent with the Municipal Land Use Law requirements. Planned economic developments will be consistent with the standards and intent set forth in this Code. As part of any planned development, the applicant shall demonstrate and the Planning Board shall find the following facts and conclusions:

Minimum acreage of 60 acres within the PDRM-2 District which may or may not consist of contiguous lots.

No stormwater discharge pipes or stormwater flows shall be directed to Lake Grinnell, White Lake or any streams draining to Lake Grinnell or White Lake. Planned Developments shall be designed to provide for stormwater management and stormwater infiltration without any stormwater overflows from the property in all twenty-four-hour storm events at an average recurrence interval of 100 years or less.

The impervious coverage on any planned development in the PDRM-2 zone shall be no greater than 3% of the total tract on which the planned development is proposed. Planned developments on any lots within the PDRM-2 zone shall provide for open space of at least 55% of the planned development tract but not less than 88 acres of forest to minimize the impact to the contiguous area of core forest. The open space shall include all existing trees and vegetation currently located on said percentage of the planned development tract. The open space shall be dedicated to either a qualified open space organization or the Township of Sparta pursuant to the open space provisions of the Municipal Land Use Law N.J.S.A. 40:55D-43. If the land is dedicated to the Township of Sparta on an incentive provision, it may be utilized by the planned development applicant to increase the impervious coverage from 3% to 5%. If the planned development voluntarily provides for affordable housing to the satisfaction of the Board and the Township Council, then the impervious coverage may be increased to 7%. The overall building coverage allowance for cumulative principal and accessory structures in any overall planned development in the PDRM-2 Zone shall be limited to a total 175,000 square feet in area.

150-foot buffers from all residentially zoned properties. If the Planning Board determines that inadequate vegetation or topography exists within this buffer, then the following shall apply: Turf grass, low growing evergreen plants or evergreen ground cover shall be planted within 50 feet of the property line. Two staggered rows of evergreen canopy trees which are not less than 10 feet high at the time of planting, a minimum of two-inch caliper, spaced not more than 30 feet apart and planted more than 50 feet from the property line. An earthen berm shall be constructed within 150 feet of the property line, the height and design shall be approved by the Planning Board.

The uppermost portion of continuous areas of steep slopes shall be buffered by 100 feet. This buffer shall be reserved for the planting of vegetative material for screening purposes as determined by the Planning Board.

Economic development uses and soil, sand and gravel removal uses shall not utilize any hazardous materials and shall ensure that there is no disposal or contamination of the land or septic systems, surface water and/or ground water by the use or disposal of hazardous materials on the property.

Minimum Lot Area. A minimum lot area of six acres shall be required for individual lots created as part of a Planned Development.

Maximum Building Height. No structure shall exceed a height of 2 1/2 stories and 45 feet.

Minimum Yards. The minimum front yard shall be 100 feet, the minimum side yard shall be 50 feet, the minimum rear yard shall be 100 feet.

Principal and accessory buildings shall not occupy more than 8% of the lot area, uncovered storage and parking areas shall not occupy more than 12% of the lot area, and the total impervious coverage shall not exceed 15% of the lot area. In a planned development of more than 250 acres, principal and accessory buildings shall not occupy more than 15% of the lot area, uncovered storage, and parking areas shall not occupy more than 15% of the total lot area, and the total impervious coverage shall not exceed 25% of the lot area.

Signs — Permitted Signs in the PDRM-2 Zone.

Soil removal, storage buildings and warehouses shall be accessed through the PDRM-1 Zone via an internal road except for an initial phase of soil removal. An initial phase of soil removal may be approved with a driveway accessing Houses Corner Road and shall comply with the following conditions:

All traffic generated from any planned development shall not be permitted to turn left and proceed north on Houses Corner Road. Signage shall be installed to prohibit left turns and these restrictions shall be enforced as a site plan condition.

On-site accessways, driveways, parking and loading facilities shall be paved with all-weather dust-free surfaces or as approved by the Planning Board.

Proper sight lines shall be maintained at all intersections of public streets. Measured along the centerline, there shall be a clear sight triangle of 100 feet from the point of intersection measured along each intersecting centerline in which no vegetation or other major visual obstruction shall be permitted in the line of sight between streets above the height of three feet above the grade of the intersecting streets. Accessways may not be located within 100 feet of an intersection and shall enter a public street at no less than 90° plus or minus 10° acute angle to the public street centerline.

For private accessways, a clear sight triangle measurement of 50 feet along the intersecting center lines shall be maintained as required above. Each accessway shall not be more than 35 feet in width measured at right angles to the centerline of the accessway, except as increased by necessary curb return radii. Accessways may not be located within 100 feet of an intersection, and shall enter a public street at no less than 90°, plus or minus 10° acute angle to the public street centerline.

Except wherein conflict with the three subsections above in which case these subsections shall control, the standards of Subsection 18-5.3h shall apply.

Where a proposed use or building requires significant material handling a suitable loading dock shall be constructed and such loading areas should be constructed and such loading areas shall be screened from view from a public right-of-way.

The applicant for a soil removal use shall submit and obtain site plan approval from the Board of the proposed soil removal and a preliminary site plan showing the final grading and future use of the property for the planned development and the soil removal plans shall be designed to cut and grade the property to form the final grading of the planned development uses.

An application to the Planning Board shall be accompanied by a map or maps showing existing contour lines at two-foot intervals, an aerial photograph of the site, proposed contour lines at two-foot intervals after removal of the soil, and existing structures on the subject premises and within 200 feet of the property, location of top soil storage areas, methods of controlling silting of downstream properties. The application shall also indicate the total number of cubic yards to be removed and the length of time within which the proposed operation shall be completed. Where a total project is not capable of being completed within five years, it shall be broken down into sections, each section shall be completed within five years.

Soil removal activities shall not result in the creation of a lake, pond, hole, pit or similar type of depression, except for as needed for the control and management of stormwater and sediment as approved by the Board.

The owner or person in charge shall so conduct the operation that there shall be no sharp declivities, pits or depressions, and in such manner that the area shall be properly leveled off, cleared of debris, including boulders and graded to conform with the contour lines and grades as required and shown on the approved plan.

Arable soil within eight inches of the surface shall not be removed from the premises but promptly on completion of operations, or as otherwise directed by the Planning Board, the arable soil so retained shall be respread on the surface as uniformly as possible and seeded with winter rye or other suitable planting. If the soil within eight inches of the top is not arable soil, arable soil must be spread thereon promptly when the operation is completed in each such area. Provisions must be made for adequate drainage after the top soil is replaced. In addition to the above, a landscaping plan will be provided to return the land to a suitable state.

Soil removal shall not be deposited or in any way thrown or placed upon adjoining property or public roads. Any soil or material resulting from any such operation accumulating on any adjoining property or public road shall be removed therefrom immediately upon notice by the Construction Official or other designated official to the owner of such accumulation.

All operations shall be conducted in strict accordance with any State law or other ordinances of the Township and the terms and conditions of any approval granted for such operations.

The operation shall be so conducted as not to constitute a nuisance to adjoining owners or the Township and in no event shall said operation create any hazardous or unsafe conditions with regard to any person or persons.

Upon completion of an operation or of excavation from an area delineated on the approved plan, said area shall be properly leveled off, cleared of debris, graded to conform to the contours and grades as approved by the Planning Board and trees planted in accordance with the plan approved by the Planning Board. All roads which may have been damaged shall be returned to their original condition.

While working an area, the working face of the excavation shall not exceed 60° from the horizontal, nor shall a face have a vertical height exceeding 30 feet. Any face not currently being worked on shall not exceed 30° from the horizontal. Where an excavated area adjoins a public road or road which has been dedicated to the public, no excavation shall be made below the level of the road for a distance of 100 feet from the right-of-way of said road except in such instances where, on the low side of the road, the removal of material would not substantially alter the general terrain characteristics. Where an excavated area is within 50 feet of any building, the finished grade thereof shall not exceed 10% or be less than 2%. In any event, no finished grade shall exceed 10% or be less than 2%. Care should be taken so that there shall be no diversion of surface water either during the operation or after the project is complete.

No trash, garbage, junk or debris may be stored on the subject property and no safety hazards will be permitted, either during or after the completion of operations. There shall be no burning of combustible debris resulting from said soil operation.

Each operator shall annually furnish a progress report to the Township Engineer, the first of which shall be submitted nine months after approval of the application, which shall Consist of a sketch map at a scale of one inch to 100 feet showing contours at two foot intervals, retained arable soil, equipment, the areas where soil was removed, the location of water supply and disposal facilities, and drainage facilities, prepared and certified by a licensed professional engineer.

Hours of operation shall be limited to the following: 8:00 a.m. to 5:00 p.m., Mondays through Fridays, except between Memorial Day weekend through Labor Day weekend, when operations shall occur only 8:00 a.m. to 5:00 p.m. on Tuesdays, Wednesdays, and Thursdays, with no operations during the week of July 4 (if July 4 falls on a Saturday, there will be no operations the prior five days; if July 4 falls on a Sunday, there will be no operations the following five days). Additionally, operations shall not be conducted on New Year's Day, Thanksgiving Day, and Christmas Day.

In order to minimize the possibility of mud slides or drainage of silt, the area of operations for excavation shall not exceed a total of five acres at any one time without a replacement of top soil and reseeding of the premises unless otherwise permitted by the Township for good cause shown.

Upon the completion of work in any specific area, all respreading of arable soil and reseeding as required by this chapter shall be completed within 60 days thereafter; except that, if the completion of work in an area occurs during the winter months when it would not be practicable to respread top soil and reseed same, such work shall be completed within such additional time as may be specified by the Township.

The soil removal use shall not excavate below the grade of the site plan of the planned development use and shall not excavate to an elevation lower than 20 feet above the seasonal high water table. At least 20 feet of native soil shall be maintained above the seasonal high water table for water quality protection. The vertical buffer may be reduced to no less than 20 feet.

All soil removal activities shall be 300 feet from all residentially zoned properties. If the Planning Board determines that inadequate vegetation or topography exists within this buffer, then the following shall apply: turf grass, low growing evergreen plants or evergreen ground cover shall be planted within 50 feet of the property line. Two staggered rows of evergreen canopy trees which are not less than 10 feet high at the time of planting, a minimum of two-inch caliper, spaced not more than 30 feet apart and planted more than 50 feet from the property line. An earthen berm shall be constructed within 150 feet of the property line. An eight-foot high security fence shall be installed within 250 feet of the property line.

Soil removal activities may encroach to within 100 feet of other PDRM-2 zoned properties. This buffer may be reduced to zero provided there is an internal road through the PDRM-1 Zone.

All soil removal activities must be conducted a minimum of 300 feet from any water body.

Soil removal activities shall be surrounded by security fencing located at the interior limits of any required setbacks.

All enhanced (vegetative or earthen berms) buffers and fencing must be in place prior to the commencement of soil removal activities.

Soil removal end uses may reduce the soil removal enhanced buffer to 150 feet from residentially zoned properties.

Any buildings, structures, and pavement areas associated with sand and gravel removal shall conform with the bulk, area and related dimensional requirements of the PDRM District, except that equipment (whether fixed to the ground or mobile) which is related to the sand and gravel removal operation shall be allowed to exceed the maximum building height limit by up to 30 feet.

The soil extraction and removal site plan shall specify the equipment that may be used and the applicant shall demonstrate that the use, operations, and performance of the use and equipment will comply with the ordinances of the Township of Sparta and all statutes and regulations of the United States of America and the State of New Jersey.

The soil removal activities shall not include any blasting of rock, removal of consolidated rock or crushing or processing of rock.

Any of the conditions or regulations contained herein may be modified or waived by the Planning Board under the following conditions:

Upon action to the Planning Board pursuant to the provisions of this section, the applicant shall pay a fee to cover the cost of the initial review of the proposed soil removal operation as stipulated in the Revised Ordinances of the Township of Sparta entitled "Fees and Costs." Upon approval of any application, the applicant shall pay a permit fee as follows:

Upon approval of the application, the applicant shall file and maintain a bond in form and with surety approved by the Township Attorney in such amount as in the opinion of the Township Engineer shall be sufficient to insure the faithful performance of the work to be undertaken pursuant to the conditions of the approval and the terms thereof. The bond shall be in an amount of not less than $6,000 per acre of land which is actually being worked in accordance with the approved plan. Said bond shall cover the respreading of top soil as required by the provisions of this section and also final provisions for drainage of the site and grading to final contour. This bond may be increased from time to time where, in the opinion of the Township Engineer, conditions and price increases warrant such increases.

The amount of any performance bond or guarantee may be reduced when portions of the improvements or works have been completed, upon recommendation of the Township Engineer.

When all required performance has been completed, the obligor shall notify the Township Manager or his designee in writing by certified or registered mail of the completion thereof and shall send a copy thereof to the Township Engineer. The Township Manager or his designee shall authorize the Township Engineer to inspect the site to determine that all requirements of the approved plan have been carried out. The Township Engineer shall thereupon file a report in writing with the Township Manager which shall be detailed and shall recommend approval, partial approval or rejection. If the work covered by the bond or performance guarantee or any portion thereof shall not be approved, or shall be rejected by the Township Engineer, said report shall contain a statement of reasons for such nonapproval or rejection. Where said rejection indicates partial approval of said improvements of works, it shall indicate the costs of the work for which approval is denied. The Township Manager shall accept or reject the work, grant partial approval or withhold approval on the basis of such report and shall notify the obligor in writing by certified or registered mail of the contents of said report and the action of the Township Manager with relation thereto not later than 90 days after receipt of notice from the obligor of the completion of the work. Where partial approval is granted, the obligor shall be released from all liability pursuant to his performance guaranty bond except for that portion sufficient to secure the work not yet approved.

After reasonable notice and an opportunity to be heard before the Planning Board, an application may be revoked or suspended for such period as the Board may determine for any violation of the terms hereof or the terms and conditions of any plan approved hereunder.

In addition to an action on the bond or guarantee, or the revocation of approval provided for herein, any person who violates this chapter, or any director or officer who permits or participates in a violation of this chapter or the conditions of the approval shall, upon conviction thereof, be subject to a fine not exceeding $1,250 or imprisonment not exceeding 90 days or both in the discretion of the judge before whom such conviction is had. Each day that a violation continues shall be considered a separate and distinct violation hereof.

The ratio of dock doors shall be permitted up to a maximum amount as follows:

Dock doors shall be adequately spaced from one another as to provide access to fire safety equipment and vehicles.

There shall be no tractor trailer queuing or parking off-site or on adjacent right-of-ways.

There shall be two means of ingress and egress, of which one may include an emergency access road, subject to approval by the Township Fire Official.

Tractor trailer Parking.

Number of building tenants. For warehouse uses and structures over 100,000 square feet, no single building shall be subleased or divided for more than two tenants.

Landscape Area Ratio. All areas of the site not occupied by a building and required improvements shall be landscaped by the planting of shrubs, and trees, or the preservation of existing ground cover, shrubs, and trees, in accordance with a landscape planting plan approved by the approving Board.

Design Standards.

Environmental Impact Study.

Traffic Impact Study.

Community Impact Statement.