Guide the appropriate use and development of all lands in the Township in a manner which will promote the public health, safety, morals and general welfare.

Secure safety from fire, flood, panic and other natural and man-made disasters.

Provide adequate light, air and open space and to ensure a safe adequate potable water supply and the environmentally safe discharge of sewerage waste into the ground.

Promote the establishment of appropriate population densities and concentrations that will contribute to the well-being of persons, neighborhoods and communities and the preservation of the environment.

Provide sufficient space in appropriate locations for a variety of agricultural, residential, recreational, commercial and industrial uses and open space, both public and private according to their respective environmental requirements in order to meet the needs of all Township residents.

Encourage the location and design of transportation routes which will promote the free flow of traffic while discouraging the location of such facilities and routes which will result in congestion or blight.

Promote a desirable visual environment through creative development techniques and good civil design and arrangement.

Promote the conservation of open space and valuable natural resources and prevent urban sprawl and degradation of the environment through improper use of land.

It is the intention of the Township of Stillwater to encourage and support farm activities consistent with the right to farm in the State of New Jersey.

No space contiguous to any building shall be encroached upon or reduced in any manner except in conformity to the yard, lot, lot area, building location, percentage of lot coverage, off-street parking space and such other regulations designated elsewhere in this chapter for the zone in which the building or space is located. In the event of any such unlawful encroachment or reduction, such building shall be deemed to be in violation of the provisions of this chapter, and then the certificate of occupancy for such building shall become null and void.

No open space provided around any building for purposes of complying with the provisions of this chapter shall be considered as providing open space for any other building.

Storefront types of construction.

Garage doors larger than needed for passenger automobiles and commercial vehicles of two-ton rated capacity.

Unfinished concrete block or cinder block wall surfaces.

No store, shop, office, bar, tavern, restaurant, grill, hotel or motel in any building shall use any noisemaking instruments, such as phonographs, loudspeakers, amplifiers, radios, televisions or similar devices, which are so situated as to be heard outside the building, provided that nothing herein shall be deemed to prohibit the playing of holiday music in commercial districts in connection with holiday displays and decorations sponsored by any civic or business group and approved by the Township Committee.

No smoke, fumes or objectionable odor shall be emitted from any building in any zone, nor shall any accumulation of trash, garbage, offal, junk or the like be permitted.

The storage or display of merchandise on the exterior of any building or on any public street or sidewalk shall be prohibited, except as otherwise specifically permitted and regulated in this chapter. This section, however, shall not be construed to prohibit the maintenance of garden shops, restaurant terraces and similar areas maintained in connection with a store or other establishment, provided that such areas are enclosed by a wall, trellis or screened planting at least four feet in height.

No lot shall have erected upon it more than one principal residential or commercial building or use, except as otherwise specifically authorized in this chapter.

Height limitations stipulated elsewhere in this chapter shall not apply to the following when attached to the principal structures: chimneys, church spires, belfries, domes, standpipes, cupolas, flagpoles, monuments, private radio and television antennas or towers for the same, fire towers, cables, scenery lofts or water tanks, elevator housing and similar structures, and no such exception shall cover at any level more than 10% of the area of the roof on which it is located, and further provided that no such building, structure or combination thereof shall exceed 75 feet in height, except as may be otherwise specifically provided in this article. All freestanding structures shall be considered as accessory structures and shall meet the height requirements as set forth in the zoning district regulations, except that freestanding lighting structures shall not exceed 15 feet in height in any zone.

An accessory building attached to the main building shall comply in all respects with the requirements of this chapter applicable to the main building.

An accessory building in a residential district or in a private parking area shall not be located in any required front yard space.

Accessory buildings in residential districts shall not exceed one story or 15 feet in height, except barns for agricultural use where permitted.

Only accessory structures shall be located in the rear yard in accordance with the provisions of this chapter.

In residential districts, the minimum distance of any accessory building from adjacent building shall be five feet.

Storage sheds, not exceeding 100 square feet in area and 10 feet in height, of the type which do not require the issuance of a building permit under the New Jersey Uniform Construction Code, may be located in accordance with the district requirements for accessory buildings.

Principal structures in residential districts shall not exceed 35 feet in height. Accessory buildings in residential districts shall not exceed 15 feet in height and may not exceed 1,000 square feet in floor area. Agricultural buildings where land is under farmland assessment shall not exceed 35 feet in height. Accessory buildings shall be limited to a maximum of four such buildings per lot. Swimming pools are not considered accessory structures for purposes of calculation of lot coverage.

Private garages. Garages may be constructed in accordance with the following criteria.

Notwithstanding any other provision of this chapter, no building or structure, on-lot sewage disposal facility or a street, roadway, parking lot or driveway shall be erected or constructed, either above or below ground level, within 100 feet of any hydrologic sensitive lands, floodplain, stream or lake area in the Township. Nothing in this chapter shall prohibit the construction and maintenance of dams or other structures for the impoundment or retention of water in any such stream, hydrologic sensitive lands, pond or lake or of dug ponds or reservoirs, provided that all applicable requirements and approvals of any public authority having jurisdiction over such matters are met and obtained.

No hydrologic sensitive lands, floodplain, stream or lake areas, as defined in this chapter, shall be filled with soil, debris or other material unless it can be shown to the satisfaction of the Zoning Officer that, after consulting with the Township Engineer, the United States Soil Conservation Service and any state or federal agency having jurisdiction thereof, the water quality, water quantity, flow rates and cycles will not be altered to the detriment of adjacent areas and the impact of the proposed filling will not have an unreasonably adverse impact upon the ecology of the area. No stream or brook shall be dammed nor the flow thereof impeded without the specific approval of the State Division of Water Resources or other state or federal agency having jurisdiction thereof.

Rationale and purpose. Certain lands are not suitable for development, particularly residential development. Such lands include floodplains and flood hazard areas; wetlands; lands having a seasonal high-water table at surface or at less than 3.5 feet below the surface; streams, brooks, rivers and their corridors; ponds, lakes and any open water which is predominately a nonflowing and/or otherwise impounded body of water with a mean depth of four feet and a surface area greater than 1/2 acre; slopes of 15% grade or greater and involving but not limited to Rockaway very stony loam (PpE) and Rockaway steep outcrop (RvE); slopes less than 15% but predominately involving unsuitable soils such as Rockaway gravelly loam (RoC); other land characteristics commonly known to be unsuitable for conventional development measures and which are environmentally sensitive; lands subject to shallow depth to bedrock (3.5 feet or less); and lands overlying known or suspected faults, fractures, slides, sinkholes or subsidence locations; or lands underlain by carbonate bedrock and which appear substantially subject to negative development impacts or consequences despite reasonable remediation measures. All such lands, together with buffer areas if required herein, shall be and are hereby known as environmentally sensitive areas (ESAs) and shall not be disturbed in residential development except as and only to the extent permitted by the Planning Board. It is the expectation of the Township that the protections of this section, together with minimum lot sizes as provided pursuant to Article XI and Schedule B thereto,[1] will prevent the disturbance and development of ESAs to the benefit of the Township's citizenry and natural environment.

It is also the purpose of this section to insure that no lot shall be created and no site shall be developed for residential purposes pursuant or subject to this article which does not provide reasonably ample contiguous land to form an envelope in which to locate a principal building, permitted accessory buildings and structures, a private well and subsurface sewage disposal systems, yards sufficient in size for normal use and enjoyment, and which is otherwise suitable and reasonably improvable for its intended purposes.

Required yards shall be open to the sky and unobstructed, except that parapets, windowsills, doorposts, rainwater leaders and similar ornamental or structural fixtures may project up to one foot into such yards.

Cornices, eaves, bay windows, chimneys and air-conditional equipment may project up to two feet into any required yard area.

Uncovered steps only may project up to five feet into a required yard area.

Where any lot abuts a street right-of-way which is proposed to be widened as indicated on the Master Plan or Official Map of the Township of Stillwater or Master Plan of Sussex County, or by the State of New Jersey, all setbacks shall be measured from the proposed right-of-way.

Any parcel or parcels of land which existed prior to the adoption of land use regulations in the Township governing lot size, or for which subdivision approval was granted by a municipal agency prior to the effective date of this chapter may, if said parcel contains not less than 60,000 square feet, or 15,000 square feet if the property is located in the R-30 Zone, be used for any purpose permitted in the zone, provided that building setbacks for that zone can be met.

To expand or improve any existing residence in any zone or any existing nonconforming lot on which a residence now exists or a building permit has been issued prior to the date of adoption of this subsection, the applicant must meet setback requirements of the zone in which the building is located, except as otherwise provided in Subsection A of this section.

Any lot created and approved by either Board in which stormwater drainage or similar structures (but excluding roads) are dedicated in fee to the Township in lieu of granting an easement shall not be considered nonconforming solely because of conveyance to the Township. The area conveyed to and accepted by the Township shall be calculated as if it remained part of that original lot for area purposes and the setback violation shall be deemed not to render the lot nonconforming. A deed reciting this section of the chapter and its effect shall be approved by the Board for each such nonconforming lot. The grantor of the lot shall make suitable maintenance agreements and payments to the Township as determined by the Township Committee.

The prospective purchaser, prospective mortgagee or any other person interested in any land upon which a nonconforming use or structure exists may apply in writing for the issuance of a certificate stating that the use or structure existed before the adoption of the ordinance which rendered the use or structure nonconforming in accordance with N.J.S.A. 40:55D-68.

Application pursuant hereto may be made to the Zoning Officer within one year of the adoption of the ordinance which rendered the use or structure nonconforming, or at any time to the Zoning Board of adjustment.

Such application shall contain the name and address of the applicant, the nonconforming use so operated, the date on which the uses commenced, the tax lot and block number of its location, any buildings or structures in which such use is contained or are necessary for the operation of such use and the numbers and types of equipment and/or vehicles utilized in the operation of said use.

The applicant shall have the burden of proof as to all matters alleged. Where the application is to the Zoning Officer, it shall be in the form of an affidavit and shall be notarized. Where application is made to the Zoning Board of Adjustment, the application shall be processed as in the case of all other applications to said Board. Notice of such application shall be given in accordance with all the provisions of § 240-35.

If the Zoning Officer fails or refuses to issue a certificate, he shall notify the applicant, in writing as to the reasons therefor within 45 days from the date of application. Such denial may be appealed to the Zoning Board of Adjustment in accordance with the provisions of N.J.S.A. 40:55D-72, notice of which shall be given in accordance with N.J.S.A. 40:55D-12 and § 240-35.

Single-family dwellings used as a residence by not more than one family.

Agricultural, horticultural, and aquacultural uses subject to the following requirements.

Public parks and playgrounds, libraries museums, water tanks and community center buildings and grounds.

Buildings or land used exclusively by federal, state, county or Township government for public purposes.

Planned residential development, as set forth in § 240-55.

Open space in accordance with § 240-55B of this chapter.

Private garages as defined in this chapter.

Greenhouses, toolsheds, summer houses, swimming pools and other similar structures, provided that these structures are used for private purposes only.

Customary accessory buildings for agricultural and horticultural uses, subject to Board of Health regulations.

The keeping and raising of animals, poultry, bees and the like, provided that no offensive sounds, odors or lights extend beyond the property line and that all applicable ordinances of the Township and the rules of the Board of Health are complied with.

Fences or walls as regulated in § 240-113E.

Home occupations, as regulated in § 240-114D, except in open space zones.

Public utility uses and essential services.

Professional offices in residences.

Accessory apartments and accessory housing subject to the regulations set forth in § 240-114E and O.

Bed-and-breakfast inns.

Barns used as a part of a family farm as defined in § 240-4 and as regulated in § 240-114K.

Every residential lot in the R-7.5 Residential Districts shall have a minimum width of 200 feet measured at the street line and a minimum area of 7 1/2 acres, except as otherwise provided in this chapter.

Principal buildings and structures shall have a minimum setback from the side lot line of 30 feet.

Principal buildings and structures shall have a required minimum setback of 75 feet from the street line, except that on a corner lot a minimum setback of 100 feet from the street lines shall be required. No accessory buildings or structures may be erected in the front yard area except fences, driveways and walks, wells, sewage systems and fuel-oil tanks (heating), but these shall not be constructed or located on any portion of the road right-of-way and shall be set back from the right-of-way line in accordance with the rules and regulations or ordinances of the Board of Health or Fire Department.

Principal buildings shall have a required setback of 75 feet from the rear lot line. Accessory buildings and structures in the rear yard shall have a required setback of 20 feet from the rear lot line. Accessory buildings and structures in a side yard shall be set back 30 feet from the side lot line. No structures other than fuel-oil tanks (heating), fences, driveways, walks, wells and septic systems shall be located in front yards. Where property fronts on a lake, accessory structures shall be permitted between the dwelling and the road used as access to the property in accordance with the provisions of § 240-114L. Should the lot be less than one acre, the accessory buildings and structures shall have a required setback of 10 feet from the side lot line and 10 feet from the rear side lot line.

Lot area.

Total lot coverage.

Bulk requirements for open space residential clusters. Open space residential clusters are authorized in the R-7.5 Residential District and shall comply with the following requirements:

Housing animals in accordance with the Recommended Guidelines for Home Animal Agriculture in Residential Areas, Rutgers, the State University of New Jersey, Leaflet 501, November 1982, or most current, is permitted. No stable, shed, barn or other means of sheltering livestock or animal waste collection shall be permitted within 50 feet of any property line. This provision is not designed to apply to household pets.

Single-family dwellings used as a residence by not more than one family.

Agricultural, horticultural and aquacultural uses.

Public parks and playgrounds, libraries, museums, water tanks and community center buildings and grounds.

Buildings or land used exclusively by the federal, state, county or Township government for public purposes.

Planned residential development, as set forth in § 240-55.

Open space zoning in accordance with § 240-55B.

Private garages as defined in this chapter.

Greenhouses, tool sheds, summer houses, swimming pools and other similar structures, provided that the structure is used for private purposes only.

Customary accessory buildings for agricultural and horticultural uses, subject to Board of health regulations.

The keeping and raising of animals, poultry, bees and the like, provided that no offensive sounds, odors or lights extend beyond the property line and that all applicable ordinances of the Township and the rules of the Board of Health are complied with.

Fences or walls as regulated in § 240-113E.

Home occupations as defined in this chapter and regulated by § 240-114D except in open space zones.

Public utility uses and essential services.

Professional offices in residences, except in open space zones.

Accessory apartments, subject to the regulations set forth in § 240-114E.

Bed-and-breakfast inns.

Barns used as a part of a family farm defined in § 240-4 and as regulated in § 240-114K.

Every residential lot in the R-5 Residential District shall have a minimum width of 200 feet measured at the street line and a minimum area of five acres, except as otherwise provided in this chapter.

Buildings and structures in a side yard shall have a minimum setback from the side lot line of 30 feet, except that a corner lot shall have a setback of 60 feet from the street lines.

Lot area.

Principal buildings and structures shall have a required minimum setback of 50 feet from the street line and 30 feet from any side lot line, except that on a corner lot a minimum setback of 50 feet from the street lines shall be required. No accessory buildings or structures may be erected in the front yard area except fences, driveways and walks, wells, sewerage systems and fuel-oil tanks (heating), but these shall not be constructed or located on any portion of the road right-of-way and shall be setback from the right-of-way line in accordance with the rules and regulations or ordinances of the Board of Health or Fire Department.

Every principal building shall have a required setback of 50 feet from the rear lot line.

Accessory buildings and structures in the rear yard shall have a required setback of 20 feet from the rear lot line and, in a rear side yard, shall be set back 30 feet from the side lot line. Where property fronts on a lake, accessory structures shall be permitted in the area between the dwelling and the road used as access to the property in accordance with the provisions of § 240-114L. Should the lot be less than one acre, the accessory buildings and structures shall have a required setback of 10 feet from the rear lot line and 10 feet from the rear side lot line.

Housing animals in accordance with the Recommended Guidelines for Home Animal Agriculture in Residential Areas, Rutgers, the State University of New Jersey, Leaflet 501, November 1982, or most current, is permitted. No stable, shed, barn or other means of sheltering livestock or animal waste collection area shall be permitted within 50 feet of any property line. This provision is not designed to apply to household pets.

The minimum lot size for a nonconforming lot used for a professional office in a residence in the R-5 Zone shall be two acres.

Total lot coverage.

Single-family dwellings used as a residence by not more than one family.

Horticultural, but no agricultural uses.

Public parks and playgrounds, libraries, museums, water tanks, pumping stations and public recreation and community center buildings and grounds.

Open space zoning in accordance with § 240-52O of this chapter.

Private garages as defined in this chapter.

Greenhouses, tool sheds, summer houses, swimming pools and other similar structures, provided that the structure is used for private purposes only.

Customary accessory buildings for agricultural and horticultural uses, subject to Board of Health regulations.

Fences or walls as regulated in § 240-113E.

Home occupations, as regulated in § 240-114D.

Public utility uses and essential services.

Development of lakefront lots.

Where connection to an integrated water supply and distribution system exists or is provided, the minimum lot width shall be 75 feet; the minimum lot depth shall be 100 feet; and the minimum lot area shall be 30,000 square feet, except as otherwise provided for in this chapter. Where connection to an approved integrated water supply and distribution system is not available, the minimum lot requirements shall conform to those set forth in the R-5 District.

Buildings shall have a setback of 25 feet from the street line and 15 feet from the side lot line, except that, on a corner lot, there shall be a minimum setback of 25 feet from street line. Wells or sewer systems shall not be required to have any front setback, except that required by the Board of Health, but shall not be constructed in any portion of the road right-of-way.

Every principal building shall have a required setback of 30 feet from the rear lot line.

Accessory buildings and structures shall have a required setback of five feet from the rear property line and shall be set back 10 feet from any side lot line. Where property fronts on a lake, accessory structures shall be permitted in the area between the dwelling and the road used as access to the property in accordance with the provisions § 240-114L.

Lot coverage shall not exceed 25%.

Publicly owned park or recreation lands and facilities.

Camps operated for children and adults by the Boy Scouts of America, Girl Scouts of America, YMCA, YWCA, Diabetes Foundation or by religious organizations.

Trails.

Passive and active recreational facilities.

Such other unstructured recreational uses and activities that will provide for the maintenance of open space in its natural condition and otherwise leave such areas undisturbed and in their natural state.

Retail sales and service accessory to a camp or other recreational use and principally designed to serve the users of a recreational facility and their guests as distinguished from the public generally.

With respect to camping facilities: campsites; mess halls; buildings used for offices, crafts, game rooms and the like; cabins used by campers, tenting areas; docks, boathouses and other facilities normally associated with camps, and also conference centers used for educational, instructional or devotional purposes and not exceeding one year-round single-family residence for the use of a caretaker or other designated camp official and auxiliary housing for camp employees.

Private garages as defined in this chapter.

Greenhouses, toolsheds, swimming pools and other similar structures.

Customary accessory buildings for agricultural and horticultural uses, subject to Board of Health regulations.

The keeping and raising of animals, poultry, bees, and the like, provided that no offensive sounds, odors or lights extend beyond the property line and that all applicable ordinances of the Township and the rules of the Board of Health are complied with.

Fences or walls as regulated in § 240-113E.

Bicycle paths, which shall not include pathways for dirt bikes, all-terrain vehicles (ATVs), or other types of motorized vehicles.

Bicycle racks.

Benches.

Way-finding signage.

Scenic overlooks.

Hunting and fishing.

Sailing, canoeing and nonmotorized boating.

Such other structures and uses which are found to be necessary or convenient to permitting the unstructured recreational uses allowed as-of-right, but only within a scheme that will permit the least disturbance to the natural state.

For camps and other recreational uses, no structure shall be erected within 50 feet of any public road or any property line.

No building or structure shall be more than 35 feet in height.

Total coverage of principal and accessory buildings shall not exceed 10% of the lot.

Site plan review. Site plan review by the Planning Board shall be required prior to the creation of any conservation use. The site plan submitted to the Planning Board shall delineate the location of the proposed use, its manner of development and its implementation in accord with § 240-56 et seq. of this chapter.

Parking. The provisions of parking shall be reviewed by the Planning Board in connection with its review of the site plan. Consistent with providing safe and adequate parking for those persons utilizing the facilities provided, parking areas shall be designed to minimize their environmental impact and shall be designed and constructed so as to harmonize with the natural surroundings. Surfacing shall be limited to that which is necessary to provide stabilization and which minimizes rainwater runoff, in accordance with the recommendations of the Planning Board Engineer.

Food stores, markets, antique shops, clothing and apparel stores, upholstery shops, variety stores, retail sales establishments, sportswear shops, banks and drugstores, all of which are for the purpose of serving the neighborhood in which they are located. Also, barbershops, beauty salons, stationery stores, luncheonettes, restaurants, feed stores, hotels, motels, government buildings, libraries, museums and community centers, professional office buildings, not including schools, package goods, taverns, appliance repair, business offices, public parks, utilities and other commercial uses found by the Zoning Board of Adjustment to be similar to or of the same general character as any of the above-listed principal permitted uses.

Apartments attached to commercial buildings; a maximum of one apartment per lot.

Parking garages.

Storage buildings as required for business.

Public utility uses, essential services and telecommunication towers and equipment pursuant to § 240-114J.

Every lot in a NC District shall have a minimum width of 100 feet at the street line and a minimum lot size of one acre, provided that the building does not contain an apartment. If the building does contain an apartment, the required minimum lot size shall be increased by 1/2 acre per apartment.

Every new building or structure in the NC District shall be set back from the side lot line a minimum distance of 18 feet in order to provide access to the rear of the property. The space shall be kept free of debris and may serve as pedestrian access to parking areas and streets. An entrance and separate exit shall be provided to parking areas. On a corner lot, all buildings and structures shall be set back 20 feet from both street lines.

All buildings and structures shall be set back at least 20 feet from the street line if off-street parking is to be provided at the side and rear of the buildings and a minimum of 45 feet if off street parking is to be provided in the front of the building. No principal building shall be erected within 40 feet of the rear lot line, nor shall any accessory building be erected within five feet of the rear lot line.

Same as in NC Commercial District.

Storage buildings or materials, liquids, chemicals and similar items not permitted within the main building under fire underwriters' standards, provided that they are not closer than 50 feet to any lot line.

Public utility uses and essential services.

Laboratories for experimental research or testing.

Every lot in the C District shall have a minimum width of 300 feet at the street line and a minimum area of three acres.

Every building or structure shall be set back form side and rear lot lines at least 50 feet, except that, if the lot is a corner lot, the distance from the street line shall be a minimum of 75 feet.

Every parking lot shall be set back a minimum distance of 30 feet from all street lines.

Total lot coverage of principal and accessory buildings and paved areas shall not exceed 50% of the total area, in accordance with the floor area ratio definition. Basement, garage and rooftop parking shall be encouraged.

Commercially operated swimming pools.

Commercially operated indoor and outdoor tennis courts and other similar court games.

Golf courses.

Hotels and motels having a minimum of six sleeping units; lodges and nightclubs.

Farms.

Seasonal camping facilities.

Restaurants, catering facilities and clubhouses.

Institutional and public uses.

Swimming pools and tennis courts accessory to a hotel or motel.

Any other use which the Board of Adjustment determines is one customarily incidental to the principal permitted uses on the premises.

Public utility uses, essential services and telecommunication towers subject to § 240-114J.

Development of lakefront lots.

Commercial swimming pools:

Commercially operated indoor and outdoor tennis courts and other similar court games:

Golf courses:

Other uses.

Buildings utilized for horticulture, nurseries, greenhouses and the growing, raising harvesting and sale of agricultural crops or for any other farm use shall not be less than 30 feet from any side or rear lot line or 50 feet from the front line, except that residential buildings may be constructed and located in conformity with the standards for residences within those districts in which they are located.

Except as otherwise specifically permitted by this chapter, no accessory structures shall be located in any front yard.

Except where otherwise specifically permitted by this chapter, accessory structures in residential zones shall meet the setback requirements of the principal buildings.

No portion of any accessory structure shall be used for living quarters for people.

When an accessory structure is attached to the principal building, it shall be considered as a part of the principal building, and it shall comply in all respects with the requirements of this chapter applicable to the principal structure.

Accessory structures shall be included in meeting the maximum impervious surface requirements for the district.

Not more than four accessory structures shall be permitted on any lot in the R-7.5, R-5 or R-30 Residence Districts, except agricultural uses on farms.

Agricultural buildings on land that is under farmland assessment shall not exceed 35 feet in height.

Said use shall be erected on the same lot as the principal structure and shall require a construction permit.

Said use may be erected in the side and/or rear yard but not between the road and the principal building and further shall meet all side and rear lot line setbacks as required by the zone it is located in.

Said use shall be adequately screened so as to not adversely affect adjoining properties, but such screening shall be required if a swimming pool is within 20 feet of the property line.

Lighting which extends the hours of operation, other than in-pool lights, shall be prohibited.

In the case of swimming pools, all measurements shall be from the pool apron and the provisions for drainage shall be approved by the Construction Official as part of the construction permit.

Such accessory uses shall be allowed only in accordance with the following requirements:

The Planning Board shall approve a site plan of the professional office which shall meet site plan review standards and requirements set forth in Article VI, Subdivision and Site Plan Review and Approval, of this chapter.

Type of fence or wall.

General regulations on fences and walls.

Dwelling units permitted in business buildings may be located either above the commercial portion of the building or at one side thereof.

There shall be two separate means of ingress and egress from each such dwelling unit without entering the commercial portion of the building.

Dwelling units shall meet all requirements of Chapter 229, Housing Standards, of the Code of the Township of Stillwater.

There shall be at least 5,000 square feet of rear yard area available for each dwelling unit in a commercial building, which yard area shall not be included in any required off-street parking space and shall be available for the exclusive use of the occupants of the dwelling units.

Public and private schools shall be located on tracts of land having not less than five acres or one acre per 100 students, whichever is greater.

The maximum height of a building shall be 35 feet.

Off-street parking shall be provided on the basis of one space for each teacher and staff member plus a minimum of 10 spaces for visitors. If there is an auditorium, additional off-street parking shall be provided in accordance with the provisions of § 240-116B.

Hospitals or nursing homes shall be located on tracts having not less than 10 acres.

Off-street parking spaces shall be provided on the basis of one space for every two beds plus one for each employee in the maximum working shift.

One off-street loading space shall be provided for each 30,000 square feet of gross floor area, and an ambulance space shall also be provided.

No hospital or nursing home shall exceed 35 feet in height.

The home occupation shall be conducted only by members of the family owning and residing in a one-family dwelling unit, plus not more than one person not a resident of the dwelling unit, provided that the resident owner of the dwelling unit is an on-site operator of the occupation.

No change shall be made to the exterior of the residence which would alter its residential character and appearance.

The occupation must be conducted entirely within the dwelling on either the first floor or basement but not both.

Not more than the equivalent of 50% of the area of the first floor in the dwelling unit may be used for the home occupation or related use.

No sounds caused by the home occupation use may be audible outside the building.

No sign, display or advertising material may be erected or displayed which is visible from outside the building.

No article may be sold or offered for sale on the premises unless the same is incidental to the service being offered.

No machinery or equipment may be used which will cause electrical or other interference with radio and television reception in neighboring residences.

The home occupation shall not adversely affect the traffic flow in the neighborhood.

The nature of the occupation must be such that no additional off-street parking will be required.

No enlargement of the residence shall be permitted, except that entrance and exit facilities may be altered to permit separate access to the accessory apartment.

The accessory apartment, as well as the remainder of the residence, shall meet all Housing Code requirements based upon the intended occupancy thereof.

The lot upon which the residence is situate shall meet all area and dimension requirements of the ordinance for the zone in which it is located.

The existing residence shall provide all required side yards for the zone in which it is situate.

There shall be at least one connecting door between the accessory apartment and the remainder of the residence on all inhabited floor levels.

Occupancy shall be limited to a maximum of two persons together with a caretaker, if appropriate, to assist those persons.

No built-in appliances shall be permitted other than the sink.

A bathroom containing only a toilet, sink and stall shower shall be permitted in the accessory apartment.

The applicant shall specify the person or persons who will inhabit the accessory apartment and will enter into an agreement with the Township of Stillwater, in recordable form, specifying such person or persons; agreeing that no other person or persons shall occupy said accessory apartment; agreeing to remove all kitchen appliances other than a built-in sink when the specified persons cease to occupy the premises; and providing for the specific enforcement of the agreement by the municipality. Said agreement shall be in form for recording and shall be recorded by the municipality in the office of the Clerk of the County of Sussex at the expense of the applicant.

The premises shall continue to be regarded as a single-family residence for all purposes, including taxation, notwithstanding such accessory apartment, said apartment being considered as a temporary accessory use.

Minimum lot area. No bed-and-breakfast inn shall be conducted on a lot which fails to meet the minimum lot size for the zoning district in which it is located.

Minimum number of off-street parking spaces. The minimum number of off-street parking spaces shall be two for the permanent residents of the dwelling, plus one additional space for each room licensed for use by transients.

There shall be no visible indication of the use from the road or adjacent properties, with the exception of a sign measuring one foot by one foot, as permitted for homes.

The principal use of the premises is that of a single-family residence. The operation of a bed-and-breakfast inn by the permanent residents of the premises is considered an accessory or subordinate use permitted only through issuance of a conditional use permit.

Each application shall be accompanied by a certification from the Board of Health that the current septic system and water supply are adequate for the proposed use as a bed-and-breakfast inn.

No more than five rooms shall be used as guest rooms for bed-and-breakfast transients, nor shall more than 12 persons be registered as guests of the bed-and-breakfast inn at any one time. No addition to any licensed bed-and-breakfast inn shall be permitted without prior site plan approval by the Planning Board.

No premises shall commence to be used as a bed-and-breakfast inn until after the issuance of a conditional use permit by the Planning Board and the issuance of a license by the Township Committee.

Minimum tract area: 10 acres.

Minimum number of off-street parking spaces: six.

No dog run or principal building, shall be located closer than 100 feet to any property line, and a planted buffer strip five feet in width shall be maintained along side and rear property lines.

No building, shall be located within 50 feet of any property line.

Retail sales shall be restricted to members and their guests only.

Unenclosed recreational facilities shall be located not less than 50 feet from any property line and shall be effectively screened from adjoining residential uses.

No public address system shall be permitted which is audible at any property line.

Lighting shall be of the type which directs the light to the ground.

Such uses shall be permitted in residential zones only if located on a primary or secondary road, or a local road with a minimum improved width of 30 feet.

A minimum lot area of five acres shall be provided.

All of the required off-street parking shall be located on the same lot as the principal use.

The maximum impervious surface shall not exceed that permitted in the zone where located.

Each side yard shall be a minimum of 50 feet.

The front and rear yards shall be a minimum of 75 feet.

Public utility uses and structures necessary and convenient for the satisfactory provision of service by the utility to the neighborhood or area in which the particular use is to be located shall be permitted on minimum half-acre or larger lots, subject to adequate buffering, and landscaping and adequate off-street parking as determined by the municipal agency based upon the reasonably expectable requirements of the particular facility. No service or storage yards shall be permitted in residential districts. All structures shall be located at least 25 feet from any rear or side property line and 50 feet from any front property line.

Telecommunication towers and equipment shall comply with the following conditions:

Collocation and new facilities.

Barns shall comply with the side and rear yard setbacks as established for accessory buildings or structures in the zone in which it is located.

The Planning Board may permit a barn on a family farm to be located within the front yard, provided that the barn will meet the required setback for a principal stricture in the zone in which it is located.

The Planning Board shall particularly take account of the possibility of further subdivision of the family farm and shall assure that in the event of future subdivision, the barn shall continue to be located upon the same property as the existing principal residence.

Unless local custom or usage is to the contrary, the portion of a lakefront lot which abuts the lake shall be considered the front yard for purposes of this section.

Structures permitted in the front yard shall be limited to docks, boathouses, barbecues and permitted fences.

Boat houses shall not exceed 15 feet in height and shall be so located as to obstruct the view of adjoining lot owners as little as possible.

Storage sheds not exceeding 100 square feet in area may be located in side or rear yards and on lots containing less than one acre may be located no closer than two feet to the side lot line.

Any other permitted accessory structures may be erected in side yards, provided that they meet all side yard setbacks for the district.

Accessory structures in the rear yards (abutting a street) may be constructed as of right, without necessity of obtaining a conditional use permit, provided that no structure shall be erected within 20 feet of the street line other than off-street parking facilities and open fences not exceeding three feet in height. All other normal accessory structures may be located between the twenty-foot setback and the rear building line. A vegetative buffer shall be installed between the accessory structure and any adjacent residences and the street line. The purpose of this vegetative buffer is to mitigate the impact on adjacent properties and the traveling public of an accessory structure between the principal structure and the road.

Minimum lot area shall be 140,000 square feet plus 10,000 square feet for every occupant over six residing on the premises; no such residence shall house more than 15 persons, excluding resident staff.

Side and rear yard requirements shall be as specified in the applicable zone.

No group home shall be located less than 4,500 feet from any other such residence or shelter.

The building shall meet all Fire Code[2] requirements, including installation of a fire alarm system which shall be connected with the Fire Department or a Fire Department of another municipality.

Before a certificate of occupancy is issued, the Planning Board shall review and approve a site plan.

The maximum impervious surface requirement of the zone in which such use is located shall be adhered to.

The proposed use shall maintain a residential appearance and shall be substantially similar to the existing surrounding residential development.

Off-street parking shall be required and located in accordance with the requirement of this chapter on the basis of one additional off-street parking space for each two persons, excluding resident staff, plus one space for each member of the resident staff.

The Planning Board may deny the conditional use of the number of persons residing if existing community residences or community shelters exceed 0.5% of the population of the municipality based on population estimates published annually by the New Jersey Department of Labor.

Minimum tract size shall be three acres.

No process involving the use of radiation, nor any process which is or may be injurious to public health, shall be permitted. All hazardous materials and/or substances as defined by the New Jersey Department of Environmental Protection and/or the Federal Clean Water Act, as amended, shall be prohibited from use at such facilities.

All processes shall be carried on in enclosed buildings, and no noise, odor, glare, vibration, residue or other such nuisance shall extend beyond the property line of the tract.

A buffer of evergreens or other appropriate plantings shall be maintained between any such laboratory and adjoining residential districts or properties.

The principal dwelling shall be occupied by a family member.

The occupant of any such unit shall be a family member and no longer able to live independently.

The property owner/occupant shall annually (on or before the first business day of the calendar year) certify that the occupant of the unit is the person or persons originally approved for the unit.

The lot shall be conforming in the zone.

The septic system shall be certified by the Board of Health to be adequate to sustain both uses.

Adequate on-site parking shall be available.

A bond meeting the provisions of the Municipal Land Use Law shall be provided to cover the cost of restoring the dwelling to single-family use once the accessory unit is discontinued.

If the unit is constructed within an existing dwelling, it shall only be accessible through a common entrance.

If the unit is an ECHO unit, it shall meet the following:

An application for installation of an accessory housing unit shall be made to the Planning Board. Said application shall be considered a minor site plan.

All applications for introduction of or amendment to an accessory unit shall require notice. Said notice shall be made in accordance with the provisions of § 240-35 of this chapter.

Purpose. This Subsection P is intended to promote the public health, safety and welfare and to safeguard the health, comfort, living conditions, safety and welfare of the citizens of the Township of Stillwater due to the air pollution and fire hazards of outdoor wood furnaces and outdoor burning.

Findings. Outdoor wood furnaces, including outdoor wood-fired hydronic heaters (OWF), typically burn wood to heat water that is piped underground to a nearby structure (usually a home) resulting in heat for a building. With smoldering fires and short smokestacks OWFs can create heavy smoke that is released close to the ground, where it is not only a nuisance but unhealthy to breathe. Smoke contains particulates which can affect both the lungs and the heart. Therefore, in order to promote public health, safety and welfare of the citizens of the Township of Stillwater, OWFs as defined in this Subsection P shall be subject to regulation as set forth herein.

Definitions. As used in this Subsection P, the following terms shall have the meanings indicated:

Regulations pertaining to construction and installation; nuisance.

Regulations pertaining to operation, setbacks and chimney height. Outdoor wood furnaces shall be constructed, established, installed, operated and maintained pursuant to the following conditions:

Situations as to where this Subsection P does not apply. This Subsection P does not apply to grilling or cooking using charcoal, wood, propane or natural gas in cooking or grilling appliances. This Subsection P does not apply to burning in a stove, furnace, fireplace or other heating device within a building used for human or animal habitation unless the material being burned is specifically precluded by this Subsection P. This Subsection P does not apply to the use of propane, acetylene, natural gas, gasoline or kerosene in a device intended for heating, construction or maintenance activities.

Violations and penalties. Please refer to Stillwater Land Development Code § 240-132.

Inspection and right of entry. The Code Enforcement Officer of Stillwater Township or any authorized officer, agent, employee or representative of the Township who presents credentials may inspect any property for the purpose of ascertaining compliance with the provisions of this Subsection P. If the owner or occupant of the premises denies access to the property for this purpose, the Township may apply for a court order or warrant pursuant to law to compel entry to the property to carry out the provisions of this Subsection P.

As a condition of approval and the continuance of any use, occupancy of any structure and operation of any process or equipment, the applicant shall certify compliance with the following performance standards. Permits and certificates required by other government agencies shall be submitted to the appropriate Board as proof of compliance with applicable codes.

The regulations contained in this section shall not apply to one-family dwellings but shall apply to any home occupations contained in them.

All requirements of this section shall be items covered in the developer's agreement.

In the event that a determination cannot be made at the time of application that a proposed use, process or equipment will meet the standards established in this section, the Zoning Officer may issue a temporary zoning permit in accordance with the provisions of this chapter. The temporary zoning permit shall be based on submission of evidence that the proposed use, process or equipment will meet the standards established herein after the completion of installation and operation.

A temporary zoning permit shall be effective for 90 days from the date of issuance. Such a temporary zoning permit may be extended for an additional ninety-day period upon approval of the issuing officer or appropriate municipal board. Only one such extension shall be granted.

Location of tests; compliance required.

Standards to be enforced.

For each dwelling unit, two spaces.

For a school auditorium or other use involving an assembly of persons, one space for every three seats or seating accommodations.

For a hospital, clinic or nursing home, one space for each employee and doctor for the shift with the greatest number of employees, plus one space for each two beds.

Two spaces for each professional use, plus one space for each employee of the profession.

All retail sales outlets shall have a minimum of one space for each 100 square feet of retail floor area.

All offices shall provide a minimum of 1 1/2 spaces for each employee in the building.

All restaurants shall provide a minimum of one space for each employee and one space for every three seats.

In NC and C Districts, all loading, and unloading shall take place on the building site and shall not occupy required off-street parking space or front yard space or be done within any public road right-of-way. Each commercial use shall provide separate loading and unloading areas with adequate ingress and egress for the type of commercial vehicles being used or to be used. In any commercial district, each business shall provide sufficient additional parking area for parking business vehicles when not in use.

All off-street parking areas shall be used solely for the parking of motor vehicles, and no commercial repair work or service of any kind shall be conducted on such parking lot. No signs, other than entrance, exit and condition-of-use signs, shall be maintained.

Off-street parking facilities shall be provided on the same lot with the permitted principal building, except that owners of two or more business buildings may jointly sponsor off-street parking facilities, provided that the area of the parking, facilities equals the parking area requirements of each owner participating therein and complies in all respects with the requirements of this section.

Signs required by law to be exhibited by the use or occupant of the premises.

Official signs erected by any governmental agency.

A nameplate sign showing the name and address of the house or family on the premises, not larger than one square foot in area.

A temporary sign advertising the prospective sale or rental of the premises upon which it is located, not exceeding eight square feet in area, and providing that it shall be maintained and removed within seven days after consummation of a lease or sale transaction.

Nonilluminated temporary signs on new construction sites, not exceeding 75 square feet in area, provided that they shall be maintained and removed within seven days after completion of the construction work.

Temporary signs:

Identification signs for churches, hospitals, clinics, schools, parks and playgrounds, commercial recreation areas, public utility installations and similar uses, which shall be nonflashing, and shall not exceed 16 square feet in area.

Customary warning or no-trespassing signs not exceeding one square foot.

This section is intended to facilitate ways in which housing rehabilitation and new construction can be provided for low- and moderate-income households within Stillwater Township in order for the Township to meet its indigenous housing obligations as determined by the New Jersey Council on Affordable Housing (COAH).

It is intended to provide technical and financial assistance to eligible homeowners for rehabilitating homes occupied by low- or moderate-income households.

It is intended to provide a vehicle for eligible homeowners to gain access to the loans and/or grants from the Township's Housing Trust Fund.

Funding for rehabilitation shall be through grant programs sponsored by the State of New Jersey Department of Community Affairs and/or funding from the budget of the Township of Stillwater placed in the Housing Trust Fund and/or other sources not yet determined.

Words and phrases defined in the Fair Housing Act, the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) and in the rules or regulations of the Council on Affordable Housing (COAH) currently in effect shall be incorporated in this section as if written herein.

As used in this section, the following terms shall have the meanings indicated:

Eligibility. Only owners of dwelling units within Stillwater Township shall be eligible for the assistance offered by this section.

Effect on homeowner. Owners who secure financial assistance under the terms of this section shall be entitled to the following rights and shall undertake the following obligations:

Penalties for noncompliance. No financial assistance from the Housing Trust Fund shall be disbursed to any applicant without full compliance with the requirements of this section and other applicable regulations. Any person who violates or who fails to comply with this section or the other applicable regulations shall be penalized no more than $1,000 and/or jailed no longer than one year and, as part of the penalty, shall make restitution of any and all funds paid from the Housing Trust Fund. Nothing herein shall prevent the Township from taking such other lawful action as is necessary to prevent or remedy any violation.

Staff.

Funding.

Application. Application and other required forms shall be made available at the office of the Housing Administrator. Technical assistance shall be available from that office to assist applicants in completing and submitting an application. There shall be no fee for filing an application.

Review.

Action on the application.

Affordability controls. In accordance with COAH standards, affordability controls shall be based on two-person households for one-bedroom units, three-person households for two-bedroom units and five-person households for three-bedroom units.

Rent controls.

Length of controls on affordability. Owner-occupied rehabilitated buildings shall be six years, and rental rehabilitated dwelling units shall be 10 years income and rent controlled, respectively.

Purpose. In Holmdel Builder’s Association v. Holmdel, 121 N.J. 550 (1990), the New Jersey Supreme Court determined that mandatory development fees are authorized by the Fair Housing Act of 1985, N.J.S.A. 52:27D-301 et seq., and the State Constitution subject to the Committee on Affordable Housing developing rules. The purpose of this subsection is to establish standards for the collection, maintenance and expenditure of development fees pursuant to COAH’s rules. Fees collected pursuant to this subsection shall be used for the sole purpose of providing low- and moderate-income housing. This section shall be interpreted within the framework of COAH’s rules on development fees.

Definitions. As used in this chapter, the following terms shall have the meanings indicated:

Development fees: general.

Eligible exaction, ineligible exaction and exemptions:

Collection of fees.

Affordable Housing Trust Fund.

Use of funds.

Monitoring. The Township shall complete and return to COAH all monitoring forms related to the collection of development fees, expenditures of revenues and implementation of the spending plan certified by COAH. All monitoring reports shall be completed by the Township on forms designed by COAH.

Expiration. This Subsection G shall expire if:

General. The growth share requirements contained in this section apply to construction in all zones within the Township. Responsibility for constructing an affordable housing unit or making a contribution in lieu of construction shall be as provided for under this section. Furthermore, this section shall apply regardless of whether a subdivision or site plan is involved in the creation of the lot under construction or if the construction is on a preexisting lot. The triggering mechanism for growth share responsibility shall be the issuance of a building permit for new construction.

Exceptions.

Residential development.

Nonresidential development.

General provisions.

Payment-in-lieu-of provisions.

The MHL must be either a full-time or part-time employee of Stillwater Township.

The person appointed as the MHL must be reported to COAH for approval.

The MHL must meet all COAH requirements for qualifications, including initial and periodic training.

The MHL shall be responsible for oversight and administration of the affordable housing program for Stillwater Township, including the following responsibilities, which may not be contracted out to the administrative agent: