For the purposes of this Ordinance, Tewksbury Township is divided into the following zoning districts as shown on the zoning maps attached hereto:

(Ord. 28-2004 § 2, 2004: Ord. 08-2004 § 2, 2004: Ord. 29-2000 § 1, 2000: Ord. 11-2000 (part), 2000)

(Ord. No. 04-2011, § 1, 2-22-2011; Ord. No. 05-2013, § 1, 6-11-2013; Ord. No. 02-2019, § 1, 4-9-2019)

Zoning districts and boundaries of the zoning districts shall be as shown on the Zoning Map (consisting of maps attached to this Ordinance and designated respectively "Zoning, Tewksbury Township, Hunterdon County, New Jersey, July 2004," "Cokesbury Zoning, Tewksbury Township, Hunterdon County, New Jersey, May 2004," "Oldwick Zoning, Tewksbury Township, Hunterdon County, New Jersey, May 2004," "Vernoy Zoning, Tewksbury Township, Hunterdon County, New Jersey, May 2004," "Mountainville Zoning, Tewksbury Township, Hunterdon County, New Jersey, September 2004," "Pottersville Zoning, Tewksbury Township, Hunterdon County, New Jersey, September 2013," "Mountainville Historic District, Tewksbury Township, Hunterdon County, New Jersey, April 2000," "Oldwick Historic District, Tewksbury Township, Hunterdon County, New Jersey, May 2000," "Pottersville Historic District, Tewksbury Township, Hunterdon County, New Jersey, April 2000," and "VR Village Residential District, Tax Map 6.01 last revised January 1, 2001).

A.

Zoning districts lines are intended to follow street centerlines, streams, and lot lines unless otherwise indicated by dimensions on the zoning map. Any disputed zoning district line shall be determined by the Board of Adjustment.

B.

If a zoning district line divides a lot, the use of one district may be extended into the other for a distance no greater than 50 feet provided the lot line lies within 50 feet. The permitted uses of the extended district shall be permitted in the extended area.

C.

Where a street or public way serves as the zoning district line and it is lawfully vacated, its former centerline shall be the zoning district line.

(Ord. 28-2004 § 3, 2004; Ord. 08-2004 § 3, 2004: Ord. 20-2002 § 4, 2002; Ord. 18-2000 § 3, 2000; Ord. 11-2000 (part), 2000)

(Ord. No. 03-2013, § 1, 4-9-2013; Ord. No. 10-2013, 11-12-2013; Ord. No. 02-2019, § 2, 4-9-2019)

A.

No lot shall have upon it more than one principal permitted use and no more than one principal building shall be permitted on one lot, except that [i] townhouses and research and office complexes receiving site plan approval may be permitted to have more than one building on a lot and more than one principal use in a building or on a site in accordance with the zoning district in which they are located, and [ii] more than one principal permitted use and more than one principal building shall be permitted on a lot owned by the Township.

B.

Not more than one single-family dwelling shall be constructed on each lot in addition to permitted accessory buildings, and the accessory buildings shall be constructed on the same lot as the dwelling.

C.

Permitted uses shall be in one principal building on a lot in a commercial district. Accessory buildings are permitted, but they may not include stores, offices or other areas open to the public. Accessory buildings may be used for storage and other accessory uses.

(Ord. 05-2003 § 4, 2003; Ord. 11-2000 (part), 2000)

Area and yard requirements: Area and yard requirements specified throughout Article VII shall apply to principal and accessory structures and buildings, unless otherwise specified for a given use, structure or building. The area and yard requirements shall apply to all structures with the exception of access sidewalks, driveways, barns, fences unrelated to tennis courts and accessory structures converted for use as Lower Income Housing.

(Ord. No. 11-2010, § 1, 12-14-2010)

A.

Permanent standby generators and air conditioning system compressors.

(1)

Applicability. This section shall apply to the owners and/or occupiers of real property who wish to install and utilize an outdoor standby generator or air conditioning system compressors. This section and its requirements shall not apply to portable generators.

(2)

Purpose and permission. Permission is hereby granted to the owners and/or occupiers of real property to install and utilize an outdoor permanent standby generator or air conditioning system compressors, subject to the requirements delineated below.

(3)

Distance requirements.

(a)

A permanent standby generator or air conditioning system compressor may be located in the front yard of the property, provided it satisfies the applicable setback requirement for the given zoning district. The minimum side and rear yard setbacks for a permanent standby generator or air conditioning system compressor shall be 10 feet for a one-family dwelling or a two-family dwelling in the VR and VR-1 Zoning Districts, 10 feet for uses other than one- and two-family dwellings in the VB, VR and VR-1 Zoning Districts, and 25 feet in the HL, LT, FP, PM and R-1.5 Zoning Districts.

(b)

Location of the permanent standby generator and air conditioning system compressor relative to a dwelling or building. The permanent standby generator or air conditioning system compressor shall be located in accordance with its manufacturer's installation instructions or the building codes adopted by the State of New Jersey, whichever is more stringent.

(4)

Impact on neighboring properties.

(a)

All such generators and compressors shall be placed so as to minimize the visual impact on adjacent properties with the use of appropriate sound-attenuating architectural materials and landscape screening.

(b)

The noise level of such a generator or compressor, when in use, shall not create a nuisance as determined by applicable ordinances, regulations or statutes.

(5)

Time of use. Permanent standby generators shall only be used during electrical power outages and as required by the manufacturer for maintenance purposes. Maintenance operation of generators shall only take place during daylight hours between 10:00 a.m. and 5:00 p.m., not to exceed one operation per week.

(6)

Fuel. Permanent standby generators shall operate on liquid gas propane fuel, diesel, natural gas or gasoline.

(7)

Permits and applicable codes. All property owners seeking to install an outdoor permanent standby generator or air conditioning system compressor shall file an application with the Construction Department prior to installation and receive permits as necessary before commencing any work. All work shall comply with the Uniform Construction Code (UCC), adopted both in New Jersey and the Township of Tewksbury, and all applicable municipal ordinances and state-adopted codes.

(8)

Size and capacity of permanent standby generator. Permanent standby generators shall not exceed a capacity of 75 kilowatts and must be located on an impervious surface not larger than one hundred square feet.

(9)

The amount of impervious surface used for a permanent standby generator or air conditioning system compressor shall not be included in any subsequent calculation of the impervious surface coverage of the lot as may otherwise be required in this Development Regulations Ordinance, provided that the amount of the impervious surface is less than 100 square feet and is devoted solely to the use of a permanent standby generator or air conditioning system compressor.

B.

Sheds.

(1)

Applicability. This section shall apply to the owners and/or occupiers of a one-family dwelling or a two-family who wish to install or construct a shed on the dwelling lot.

(2)

Purpose and permission. The owners and/or occupiers of a one- or two-family dwellings or a two-family dwelling may install or construct a shed on the dwelling lot, subject to the requirements set forth below and elsewhere in this code.

(3)

Construction standards for sheds:

(a)

The shed shall be either prefabricated or custom built and have a foundation constructed of block or gravel.

(b)

The shed shall be constructed and installed in accordance with all applicable provisions regulating sheds in the Uniform Construction Code, N.J.A.C. 5:23-2.14, as presently adopted or as amended in the future, as well as with the provisions of the Township Development Regulations Ordinance regulating sheds.

(c)

A shed shall not be permitted within the front yard in any zone.

(4)

Setbacks. The minimum side and rear yard setbacks for a shed shall be six (6) feet in the VR and VR-1 Districts, and fifteen (15) feet in the HL, LT, FP, PM, and R-1.5 Districts.

(5)

Permit Required. Prior to the construction or installation of a shed, or any modifications to an existing shed, a zoning permit shall be obtained from the Township Zoning Officer. Demonstration of compliance with all applicable provisions of this Ordinance shall be required prior to the issuance of any such permit or approval. The applicant shall be required to present to the Township Zoning Officer sufficient documentation establishing compliance with all applicable requirements governing the location of the shed prior to the issuance of any permit. Sealed plans shall not be required.

(6)

Enforcement. The Township Zoning Officer shall be responsible for enforcing this Ordinance and administering any and all penalties for violations as established in the Township Development Regulations Ordinance.

C.

Flagpoles.

(1)

Applicability. This section shall apply to the owners and/or occupiers of a one-family dwelling or a two-family dwelling as those terms are defined in the definition section 301 of the Township Development Regulations Ordinance who intend to install or construct a flagpole as that term is defined in that section.

(2)

Purpose and permission. The owners and/or occupiers of a one- or two-family dwellings may install a flagpole subject to the requirements set forth below and elsewhere in this code.

(3)

Construction standards for flagpoles:

(a)

There shall be no more than one (1) flagpole per lot, with a maximum flagpole height of 25 feet, measured vertically from the base of the flagpole at the height of the finished grade of the location of the flagpole.

(b)

There shall be no more than two (2) flags per flagpole, with each flag not to exceed a size of 25 square feet.

(c)

All flagpoles must be permanently installed in the ground with a proper footing.

(d)

Lighting may be permitted in connection with the installation of a flagpole provided that it is in full compliance with the lighting standards set forth in the Township Development Regulations Ordinance.

(4)

Setbacks. The following setbacks shall apply to all flagpoles.

(a)

In the HL, LT, FP, PM, and R-1.5 Districts, all flagpoles must be set back from all property lines a minimum distance of twice the height of the flagpole.

(b)

In the VR and VR-1 Districts, all flagpoles must be set back from all property lines a minimum distance of the height of the flagpole.

(5)

Permit Required. Prior to the installation of a flagpole, a zoning permit shall be obtained from the Township Zoning Officer. Demonstration of compliance with all applicable provisions of this code and the Uniform Construction Code shall be required prior to the issuance of any such permit or approval. The applicant shall be required to present to the Township Zoning Officer sufficient documentation demonstrating compliance with all applicable requirements governing the location of the flagpole prior to the issuance of any permit. Sealed plans shall not be required.

(6)

Enforcement. The Township Zoning Officer shall be responsible for enforcing this Ordinance and administering any and all penalties for violations as established in the Township Development Regulations Ordinance.

(7)

Impervious Coverage. The amount of impervious surface used for the installation of a flagpole shall not be included in any subsequent calculation of the overall impervious coverage of the lot as may otherwise be required in this Development Regulations Ordinance, provided that the amount of the impervious surface is less than 100 square feet and is devoted solely to the use of a flagpole.

(Ord. 11-2023 § 1, 2023; Ord. 10-2021 § 2, 2021; Ord. No. 08-2013, § 1, 9-10-2013; Ord. No. 05-2013, § 1, 6-11-2013)

A.

Except for horse trailers, one trailer may be stored on the premises of the owner provided it is not occupied as a dwelling unit, except as noted in subsection D of this section. Such vehicles shall be parked off-street, shall meet the minimum setbacks required for a principal building, shall not block a driveway or access strip, shall not occupy the spot of a required parking space and shall be located in such a way as to be screened from view from a public street.

B.

A trailer is also permitted, not as living quarters, but as a construction office or storage facility on a tract on which a building or development is being constructed, provided the user has applied for and received written approval from the zoning officer. The period of use shall not exceed four months as follows:

1.

One trailer per site for office use

2.

One additional trailer (or a shed) for storage

3.

A third trailer for either office or storage for developments exceeding 20 dwelling units or 20,000 square feet of non-residential floor area

4.

The user of the trailer shall install sewage disposal and potable water supply for persons at the construction site and the trailer, said facilities to meet the requirements of state and municipal health regulations.

C.

The term "trailer" shall include self-propelled motor homes, but does not include a manufactured home, or a mobile home, or other such unit of housing which is not a trailer (as defined in N.J.S.A. 40:55D-102).

D.

Temporary Residence.

A trailer, mobile home or similar manufactured house may be temporarily located on a lot and used as a residence in the event of damage to the original home due to fire, flood, or similar emergency which emergency rendered the original home uninhabitable, or where the owner of the lot has undertaken, but not yet completed, the construction of a new home. Temporary occupancy shall be limited to renewable six month periods of time by the Construction Code Official provided, in his judgment, work is continuously progressing toward the completion of the new home or the reconstruction of the original home. Except where on-site construction activity, health or safety matters, in the opinion of the enforcement official, preclude the temporary residence from meeting the minimum setback requirements for a principal building, the minimum setback requirements shall be met. The well and septic systems shall meet Board of Health regulations.

E.

Inoperable/unregistered motor vehicles or vehicles for sale. Not more than one inoperable or unregistered vehicles, of a type which can be registered, may be stored outside on any lot at any given time. Any such vehicle shall be owned by the property owner or tenant of the property. Only one vehicle for sale may be stored outside at a time.

F.

The above provision (E) shall apply to the contiguous lot or lots held in common ownership. For the purposes of E above, contiguous lots held in common ownership shall be considered as a single lot.

Nothing in this section shall be construed as a limitation upon the number, location, size or type of vehicles which may be used as accessory to an agricultural activity conducted as a principal use on a property assessed under the Farmland Assessment Act of 1964.

(Ord. 20-2002 § 5, 2002; Ord. 11-2000 (part), 2000)

Steep slopes and critical slopes, as defined herein, shall be identified on subdivisions and site plans. There shall be no disturbance on slopes greater than 25% except that an access driveway and an access for utility services may cross slopes greater than 25% provided they generally follow contours and conform with the driveway ordinance. No structure may be erected on slopes greater than 25%, except for a driveway approved under the Township's driveway ordinance. Slope shall be calculated and mapped using 2 foot contour intervals.

(Ord. 08-2004 § 4, 2004: Ord. 03-2003 § 4, 2003: Ord. 18-2000 § 4, 2000: Ord. 11-2000 (part), 2000)

Any non-conforming use or structure lawfully existing at the time of passage of the ordinance which made such use or structure non-conforming may be continued upon the lot or in the structure so occupied and any such structure may be restored or repaired in the event of partial destruction thereof. A prospective purchaser, prospective mortgagee, or any other person interested in any land upon which a non-conforming use or structure exists may apply in writing for the issuance of a certificate certifying that the use or structure was in existence before the adoption of the ordinance which rendered the use or structure non-conforming and that said use or structure may continue as a lawful pre-existing use pursuant to N.J.S.A. 40:55D-68. The applicant shall have the burden of proof. Applications pursuant hereto shall be made to the Zoning Officer, who is hereby appointed and designated as the "Administrative Officer" pursuant to N.J.S.A 40:55D-3 and 68 for the purposes of issuing such certifications, within one (1) year of the adoption of the ordinance which rendered such use or structure non-conforming, or at any such time to the Zoning Board of Adjustment. Notice of a hearing requiring public notice shall be given to the owners of all real property as shown on the current tax duplicate, located in the State and within 200 feet in all directions of the property which is the subject of such hearing; provided that this requirement shall be deemed satisfied by notice to the (1) condominium association, in the case of any unit owner whose unit has a unit above or below it, or (2) horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it. Notice shall be given by: (1) serving a copy thereof on the property owner as shown on the said current tax duplicate, or his agent in charge of the property, or (2) mailing a copy thereof by certified mail to the property owner at his address as shown on the said current tax duplicate. The Zoning Officer (Administrative Officer) shall be entitled to demand and receive for such certificate a fee in accordance with Section 900, which fee(s) shall be turned over to the municipality. The Zoning Board Secretary shall cause notice of the Zoning Officer's decision with regard to either approval or denial of the certification to be published in the municipality's official newspaper(s) designated for publication of land development notices within ten (10) days of the issuance of such certification or denial of same. Any interested party affected by any decision of the Zoning Officer may appeal such decision to the Zoning Board of Adjustment in accordance with N.J.S.A. 40:55D-72 within twenty (20) days of publication of notice of decision.

A.

Maintenance. Maintenance may be made to a non-conforming use, structure, or lot provided the maintenance work does not change the use, expand the building or the functional use of the building, increase the area of a lot used for a non-conforming purpose, or increase the nonconformity in any manner.

B.

Building Additions. Any existing structure with a permitted use located on either a conforming or non-conforming lot, but which building is situated on the lot so as to violate one or more yard requirements, may have additions to the principal building and/or construct an accessory building without an appeal for a variance, provided the total permitted building or lot coverage is not exceeded, the accessory building and/or the addition to the principal building do not violate any setback or other requirements of this Ordinance.

C.

Subdivision of Lots. An existing lot whose area and/or dimensions are sufficient to permit a subdivision, but where a structure exists on the lot with one or more setback violations, may nevertheless be subdivided without an appeal for a variance provided the subdivision itself does not create any new zoning violations and does not increase the severity of the existing setback violations.

(Ord. 11-2000 (part), 2000)

A.

Subdivision Where Two Dwellings are on an Existing Lot. If, prior to enactment of any ordinance of the Township making such construction unlawful, more than one dwelling had been constructed on an unsubdivided lot, the Approving Authority shall be authorized to approve the subdivision of such a lot in order to permit the conveyance of one or more such dwellings, even though such subdivision will result in the creation of one or more non-conforming lots; provided that each lot shall be subdivided in such a way that will, so far as is practicable, minimize the nature and extent of nonconformity as to lot, area, frontage, yards, and setbacks, recognizing the existence and location of septic systems and wells, except that unless the original lot is large enough to provide for three or more conforming lots as to area, no subdivision for a third lot, or additional lots, shall be permitted.

B.

Lot Line Adjustments. Minimum lot size and frontage requirements shall not apply to the transfer of land solely for the purpose of changing a common boundary line between two properties, provided such transfer does not create a non-conforming lot where one did not previously exist.

C.

Lot Frontages and Lot Widths. The required lot frontage and/or width of residential lots may be reduced on lots fronting on the end of a cul-de-sac and on the outside of certain curved streets.

D.

Flag Lots. In order to permit reasonable development of interior lands in a manner consistent with maintaining traffic safety, minimizing drainage problems, and to comply with other essential considerations of zoning, the following exceptions to frontage requirements may be applied in the Highlands District, Lamington District, Farmland Preservation District and Piedmont District under the following conditions:

1.

Frontage on existing county or municipal streets may be reduced to not less than 35 feet at the street line.

2.

Flag lots may only be created with access to an existing public street.

3.

The centerline of the access strip of the proposed lot shall intersect the street line at an angle between 75 degrees and 90 degrees and the width of the access strip shall be no less than 35 feet at any point throughout its course. The access strip shall be continuous and under the same ownership as the proposed lot. The access strip shall be kept open in order to serve as an access to the lot. No permanent or temporary structure shall be located within the access strip except a fence may be located along side the access strip. No access strip shall be located so as to be less than 300 feet in length measured perpendicularly or radially to the street line of the intersecting street.

4.

The location of the intersection of the access strip with the street shall be such that access to and from the street, the improvement and the use of the access strip along the full course of the access strip, as well as drainage and other site considerations shall not adversely affect the remainder of the tract or adjoining properties.

5.

No more than one lot or dwelling unit shall be served by the same access strip unless either: a) the access strip has been improved to Township street specifications prior to the issuance of a construction permit for an additional dwelling unit or the final approval of the subdivision for the additional lot; or b) a common driveway for two or more lots is permitted.

6.

The portion of the proposed lot exclusive of its access strip shall be 1.35 times the lot area required in the zone district in which it is located and shall meet width, depth, and other setback and yard requirements of the zoning provisions of this Ordinance. The area of the access strip shall be measured between the street line and the point where the lot width exceeds the minimum frontage required for the district in which it is located. No access strip shall be longer than 1,000 feet, measured from the center of the access strip where it meets the street right-of-way, until the lot meets the minimum lot width.

7.

Unless an access strip is located immediately adjacent to and shares a common driveway opening with another access strip, no more than two access strips shall be located closer than 225 feet to another access strip. The distance shall be measured along the street line between the nearest property lines of the access strips where they intersect the right-of-way line of the street.

8.

Driveways and access strips shall meet all requirements of the Township ordinance governing the construction of driveways, except the grade of the driveway shall not exceed 12 percent at any location, and except further that all driveways on access strips shall be accompanied by plans providing storm water control facilities adequate to insure that no runoff onto the adjacent street shall create siltation, flooding, icing, or other unsafe conditions on the traveled surface of the adjacent street.

E.

Maximum Height. Height restrictions in the schedule shall not apply to chimneys, church spires, barns and silos, transmission line towers and wires. Chimneys may exceed the allowable building height by a maximum of three (3) feet. Mechanical equipment, stair towers and elevator towers, located on a roof may also exceed the maximum building height, but not by more than 20% of the permitted building height, except as allowed in the RO/MXD District.

F.

Existing Undersized Lots.

1.

Any lawfully created parcel of land less than three (3) acres in lot area in the HL Highlands District, LT Lamington District, FP Farmland Preservation District, or PM Piedmont District:

a.

Which has a lot area less than that now prescribed for a lot in the District in which such parcel is located, and

b.

Which was in existence at the time of the adoption of any zoning ordinance regulation of this Township [including the zoning regulations of the Tewksbury Township Development Regulations Ordinance (2002), and any amendment thereto], by which the minimum lot area applicable thereto was increased so as to exceed the area of such lawfully created parcel of land, may be used for single-family dwelling purposes as a principal use. Any single-family dwelling or accessory structure to it thereon which shall accidentally be destroyed may be replaced in the same location and footprint as it occupied on the lot immediately prior to said accidental destruction, and shall not constitute a non-conforming use or structure, provided that:

(i)

All regulations except the minimum lot area, minimum lot width, minimum front yard, minimum side yard, minimum rear yard, maximum lot coverage and maximum floor area ratio, regulations, now prescribed by this Ordinance for the District in which such parcel is located shall be complied with;

(ii)

Either the owner thereof owns no adjoining land or the parcel was granted either minor or final major subdivision approval by the Township Planning Board or Board of Adjustment;

(iii)

The parcel shall not be further reduced in lot area, lot width, lot depth or lot frontage; and

(iv)

For existing and new, principal and accessory structures: The front yard setback shall be a minimum of seventy-five (75) feet, the side yard setback shall be a minimum of forty (40) feet, the rear yard setback shall be a minimum of forty (40) feet, the floor area ratio requirement shall not apply and the maximum lot coverage shall not exceed the following: 12% for lots under 3 acres; 10% for lots of 3 to 3.99 acres; 8% for lots of 4 to 4.99 acres; and 5% for lots of 5 acres or more.

2.

Any lawfully created parcel of land, at least three (3) acres in lot area in the HL Highlands District, LT Lamington District, FP Farmland Preservation District, or PM Piedmont District:

a.

Which has a lot area less than that now prescribed for a lot in the District in which such parcel is located, and

b.

Which was and in existence at the time of the adoption of any zoning ordinance regulation of this Township [including the zoning regulations of the Tewksbury Township Development Regulations Ordinance (2002), and any amendment thereto], by which the minimum lot area applicable thereto was increased so as to exceed the area of such lawfully created parcel of land, may be used for single-family dwelling purposes as a principal use. Any single-family dwelling or accessory structure to it thereon which shall accidentally be destroyed may be replaced in the same location and footprint as it occupied on the lot immediately prior to said accidental destruction, and shall not constitute a non-conforming use or structure, provided that:

(i)

All regulations except the minimum lot area, minimum lot width, minimum front yard, minimum side yard, minimum rear yard, maximum lot coverage and maximum floor area ratio, regulations, now prescribed by this Ordinance for the District in which such parcel is located shall be complied with;

(ii)

Either the owner thereof owns no adjoining land or the parcel was granted either minor or final major subdivision approval by the Township Planning Board or Board of Adjustment; and

(iii)

The parcel shall not be further reduced in lot area, lot width, lot depth or lot frontage.

3.

As to a parcel complying with the provisions of subsection (F)(2) of this Section, which has a lot area of at least 3 acres but less than 5 acres, in lieu of the minimum front yard, minimum side yard, minimum rear yard, maximum lot coverage and maximum floor area ratio now prescribed for the District in which the parcel is located, the following shall apply for existing and new, principle and accessory structures:

(a)

Front yard. The front yard shall be at least 75 feet in depth.

(b)

Side yard. Each principal building shall be provided with a side yard, each at least 40 feet in width.

(c)

Rear yard. Each principal building shall be provided with a rear yard at least 40 feet in depth.

(d)

Maximum lot coverage. The maximum lot coverage shall be regulated by Subsection 706 F(1)(b)(iv) herein.

(e)

Floor area ratio. A floor area ratio requirement shall not apply.

4.

As to a parcel complying with the provisions of subsection (F)(2) of this Section, which has a lot area of at least 5 acres, in lieu of the minimum front yard, minimum side yard, minimum rear yard, maximum lot coverage and maximum floor area ratio now prescribed for the District in which the parcel is located, the following shall apply:

(a)

Front yard. The front yard shall be at least 100 feet in depth.

(b)

Side yard. Each principal building shall be provided with a side yard, each at least 50 feet in width.

(c)

Rear yard. Each principal building shall be provided with a rear yard at least 50 feet in depth.

(d)

Maximum lot coverage. The maximum lot coverage shall be regulated by Subsection 706 F(1)(b)(iv).

(e)

Floor area ratio. A floor area ratio requirement shall not apply.

G.

Adding Decks to Pre-existing, Non-conforming Townhouses (Hunter's Glen). To allow prior non-confirming townhouses in the Piedmont District (Hunter's Glen) to be expanded by construction of decks for individual units at the rear of units not extending beyond fourteen (14) feet from the basement wall, not extending beyond the side of the unit at the point of fixture, being no larger than 600 square feet (total area of all decks at the unit), no higher than ten (10) feet off the ground, having no walls or roofs.

(Ord. 02-2007 § 1, 2007; Ord. 08-2004 §§ 5, 6, 2004; Ord. 20-2002 § 6, 2002; Ord. 11-2000 (part), 2000; Ord. No. 09-2013, § 1, 9-10-2013; Ord. No. 12-2013, 11-12-2013)

A.

Purpose. The purpose of this Section and related zoning provisions and the Affordable Housing Ordinance, codified as Municipal Code 15.12, is to assure a reasonable opportunity to provide for the Township's fair share of very-low, low- and moderate-income housing, as directed by the Supreme Court and consistent with N.J.A.C. 5:93-1, et seq., as amended and supplemented, N.J.A.C. 5:80-26.1, et seq., as amended and supplemented, and the New Jersey Fair Housing Act of 1985, as amended and supplemented.

B.

Required Participation.

1.

The developer of any land in a zoning district designated as having an obligation to participate in the affordable housing program shall have a responsibility to participate in the production of very-low, low, and moderate-income housing.

2.

In order to prevent the densities from inflating land costs that might be passed on to a third-party and thereby jeopardizing the number of affordable housing units that might be built when the intent is to subsidize the development of affordable housing, no application providing for increased intensities of development shall be approved unless the Approving Authority resolution granting approval contains a condition that the requirements for very-low, low, and/or moderate income affordable housing units shall be binding upon the applicant and all heirs, personal representatives, successors and assigns.

3.

Subdivision and site plan approval on properties where the actual construction of affordable housing is required shall be denied unless the developer complies with the obligation to provide affordable housing pursuant to this Section, and the Approving Authority may impose any reasonable conditions to secure such undertaking.

4.

Each affordable housing unit produced within a development required to contain affordable housing units shall comply with the affordability controls, the period of time during which the affordability controls apply, and all other rules and regulations as set forth in the Township's Housing Ordinance, codified at Municipal Code § 15:12. All such units shall comply with any applicable regulations of the Council on Affordable Housing as to physical features of the unit (such as, but not limited to, facilities, entrances and parking). Units pursuant to Sections 709, 710, 710.1, and 713 shall be created so that at least one-half of the total of those created shall be affordable to low income units.

C.

Waivers for Affordable Housing. The Approving Authority, when acting upon an application which includes provisions for affordable housing, shall waive those portions of the following standards if they do not create health and safety concerns for either the Township or the future residents of a development and they are not in conflict with the Residential Site Improvement Standards as promulgated by the State of New Jersey, otherwise the standard provisions of this Ordinance shall apply.

1.

Curbs and gutters may be waived except in locations where drainage control and/or erosion control are necessary. When curbs and/or gutters are required, they shall conform to Section 603, except as modified by the following:

a.

Standard Concrete Vertical Curb. The curb shall be 8 inches wide on the top, 9 inches wide on the bottom and 20 inches high with a 6 inches exposed face after the street paving is completed. The standard curb section shall be 10 feet in length with performed bituminous cellular-type expansion joint material 2-inch thick spaced not more than 20 feet apart, shall be set in accordance with approved lines and grades, and radial curbs shall be formed in a smooth curve. The finish shall be a smooth float finish with corners rounded. Curbs shall be constructed using Class B concrete having a 28-day comprehensive strength of 4,500 p.s.i. and shall be air entrained.

b.

Rolled Concrete Curbing. The curb shall be 24 inches wide, 6 inches deep on the street pavement side, 10 inches deep on the lot side, and shall have a 1-inch depression below the pavement side located about one-third the distance from the pavement edge. The side adjacent to the street pavement shall be flush with the finished pavement surface.

c.

Sloped Curbing. The curb shall be at least 14 inches wide at the base, set in the ground at least 18 inches on the side away from the street and at least 13 inches on the side abutting the street. The face of the curb shall angle way form the street pavement at least 30 degrees, but not more than 45 degrees, and have a flat surface at least 10 inches after the street paving is completed. The top of the curb shall be at least 2 inches wide measured between the top end of the angled face and the vertical side away from the street.

2.

Piped storm water systems may be waived with swales substituted, except in situations where swales are likely to increase erosion control problems. If used, swales shall have a bottom elevation that will allow any water under the roadway or parking lot to seep out and drain away, have side slopes no steeper than 3 horizontal to 1 vertical, have a flat 4 foot wide bottom, be planted to stabilize the soils along the sides and bottom according to the soil types, have capacity for the computed runoff, be sloped to handle the rate of runoff while not eroding the soil, and allow a design flow of at least 0.5 foot per second, but not more than 2 feet per second. Intersections shall be crowned to assure positive drainage into the swales. Where pipes are installed at road/driveway crossings or other required locations, the pipes shall be continuations of the swales.

3.

Street and other lighting shall be designated for locations best meeting overall public safety considerations considering intersections, public parking area, walkways, and the intensity of development. Where installed, lighting shall meet the requirements and/or objectives of Section 632.

4.

Off-street parking designs may have waivers of some, but not all landscaping requirements, and may not be required to install curing around all parking lots. Curbing will be required, however, where drainage control is needed and where erosion potential cannot adequately be addressed by alternate methods.

5.

Shade tree plantings may be reduced, but not eliminated, as called for in Section 631.

6.

Sidewalks shall be installed in locations determined by the approving authority to be in the interest of public safety and proper pedestrian circulation. Sidewalks need not follow all streets and in some instances may be better to follow open space corridors. The determination of whether sidewalks are needed and where they are better to follow open space corridors. The determination of whether sidewalks are needed and where they are best located shall be based on the public safety considering the intensity of development, the probable volume of pedestrian traffic, the adjoining street classification where sidewalks parallel streets, access to school bus stops, recreation areas, and the general type of improvement intended. If required, sidewalks shall meet the following requirements: Concrete sidewalks shall be at least 4 inches thick except 6 inches at driveway crossings; be Class B concreted with 28 day compressive strength of 4,500 p.s.i; and have half-inch expansion joint material every 20 feet and where they abut curbing or a structure, bituminous sidewalks shall have a minimum 4 inch base of 1½ inch crushed stone; have at least a 2 inch FABC-1 wearing surface; and have a maximum 3 percent grade.

7.

Interior streets may have paving widths reduced to the width permitted for cul-de-sacs provided such reduction are done only in conjunction with nearby, expanded off-street parking spaces.

(Ord. No. 09-2019, § VII, 7-9-2019)

A.

Any property in the Township of Tewksbury that receives Land Use Board approval, a zoning change, density variance or approval of a redevelopment or rehabilitation plan to permit multi-family residential development, including the residential portion of a mixed-use project, which multi-family residential development will yield five (5) or more new dwelling units, shall provide a minimum affordable housing set-aside for occupancy by low or moderate income households of at least twenty (20%) percent of the residential units constructed, to the extent this is economically feasible, pursuant to N.J.S.A. 52:27D-329.9(a), whether the units will be for rent or for sale, as the Township is located within the jurisdiction of the Highlands Water Protection and Planning Council pursuant to N.J.S.A. 13:20-11.

B.

This requirement shall not apply to residential development on sites that are zoned for inclusionary residential development as part of the Township's Housing Element and Fair Share Plan, which are subject to the affordable housing set-aside requirements set forth in the applicable zoning.

C.

This requirement does not, and shall not be construed to, grant or entitle any property owner or developer the right to any development approval, rezoning, variance or other relief, or adoption of a redevelopment plan or amended redevelopment plan in areas in need of redevelopment or rehabilitation, nor does this requirement establish any obligation on the part of the Township of Tewksbury to grant any such development approval, rezoning, variance or other relief.

D.

A property shall not be permitted to be subdivided so as to avoid compliance with this requirement.

E.

All subdivision and site plan approvals of qualifying residential developments shall be conditioned upon compliance with the provisions of this section.

F.

Should it be determined that it is not economically feasible to provide a minimum affordable housing set-aside of twenty (20%) percent pursuant to N.J.S.A. 52:27D-329.9(a), whether the units will be for rent or for sale, then only in such an event, any property that benefits from a development approval, rezoning, variance or other relief, or adoption of a redevelopment plan or amended redevelopment plan in areas in need of redevelopment or rehabilitation, that results in multi-family residential development of five (5) dwelling units or more at a density of six (6) dwelling units or more per acre, shall provide a minimum affordable housing set-aside of twenty (20%) percent for affordable for-sale units and a set-aside rate of fifteen (15%) percent for affordable rental units.

G.

All affordable units created pursuant to this Section shall be governed by the provisions of Chapter 15.12 of the Code of Ordinances of Tewksbury Township, "Affordable Housing Program" where not inconsistent with the provisions of this ordinance.

(Ord. No. 05-2019, § 1, 5-14-2019)

A.

This is an overlay district which applies to the historic village of Oldwick and the historic hamlets of Pottersville and Mountainville. See Design Guidelines within Historic Districts (Appendix A).

(Ord. 12-2007 § 4, 2007; Ord. 11-2000 (part), 2000)

A.

Purpose. This area of the Township is part of the Highlands Region which incorporates portions of Pennsylvania, New Jersey, New York and Connecticut. It is an area of federal and state importance and serves as a headwaters. Characterized by steep slopes, forested areas, and narrow road cartways, it contains C-1 category streams, which support trout production. The geology is Precambrian Igneous and Metamorphic rock formations with limited groundwater capability and moderate to severe limitations for septic disposal. The zoning regulations for this District are derived from considerations set forth in the Master Plan. The Master Plan recommends lot sizes of twelve acres unless land conservation design such as clustering is used in subdividing, in which case the density can be reduced to 0.10 dwelling units per acre. Clustering, lot size averaging or the use of non-contiguous transfer is strongly encouraged.

B.

Permitted Principal Uses.

1.

Agriculture.

2.

Detached single-family dwellings.

3.

Township buildings and facilities.

4.

Fire and rescue squad services.

5.

Public libraries.

6.

Houses of worship.

7.

Public and private, non-profit schools, primarily operating inside a building or buildings.

8.

Community residences; community shelters; and alternative living arrangement housing or two-family dwellings which provide low and/or moderate income housing, located on lands owned by the Township, and which are part of the fair share plan of the Township pursuant to the N.J. Fair Housing Act (N.J.S.A. 52:27D-301 et seq.).

9.

Family daycare homes as defined in 40:50D-66.5a and b.

10.

Cluster development.

11.

Lot size averaging.

C.

Permitted Accessory Uses.

1.

Residential garages/private garages/swimming pools/tennis courts. (See Section 719 for additional standards.)

2.

A building, other than a building used for agricultural purposes to house domesticated animals which are kept solely for the use or pleasure of the residents of the dwelling.

3.

Storage sheds/tool sheds.

4.

Nursery and greenhouses, barns and customary farm out-buildings.

5.

Home occupation.

6.

Repair and maintenance of farm buildings and machinery located and used on the same tract as the farm or agricultural or horticultural use, including for such purposes facilities for carpentry, masonry, electrical, and other artisan and mechanical equipment and tools.

7.

Farm Markets.

a.

The maximum size of a seasonal farm market standing alone shall be one thousand (1,000) square feet.

b.

Where the selling area is located in a structure also being used for other purposes, such selling area shall be separated by permanent partitions (which may have doors) and such selling areas shall be limited to one thousand (1,000) square feet.

c.

One off-street parking space shall be provided for each two hundred (200) square feet of stand area with a minimum of two (2) spaces. The spaces shall be designed and arranged so as not to create a traffic hazard or obstruction to the traveling public.

d.

No more than two (2) signs not to exceed six (6) square feet each shall be permitted on the premises.

e.

In its review of the site plan, the Approving Authority may establish reasonable hours of operation and include regulations governing the use of lights to prevent sky glow and glare off-site.

8.

Processing, freezing and storage of dairy products, poultry, meats, fruits, feed, and vegetables predominantly raised or produced on the same tract.

9.

For the purposes of subsections (C)(7) and (8) of this Section, the same tract may include not only the lot on which the sale, processing, freezing, or storage is taking place, but also any other lot(s) farmed by the same farmer as the one who owns or farms the lot on which the sale, processing, freezing, or storage takes place.

10.

Conversions for Affordable Housing. For the specific purpose of providing additional opportunities for affordable housing (specifically, very-low, low and moderate income housing) in the Township, lots: (1) whose principal use is for residential purposes, or residential and agricultural purposes; and (2) which have only one dwelling unit (being a single-family dwelling) located thereon, may have the single-family dwelling thereon either converted from a portion of the first, existing single-family dwelling, or from an accessory structure on the lot, provided the following conditions are met:

a.

As required under NJAC 5:97-6.8 (b)2, the Township will provide $20,000 (moderate unit) or $25,000 (low-income unit) subsidy for a conversion or an accessory apartment after the unit has been restricted for certified affordable households with a 10-year deed covenant and a certification of occupancy has been issued by the Township. This is subject to availability of funds from the Township's Affordable Housing Trust Fund.

b.

The maximum floor area of the second dwelling unit shall be 900 square feet and the minimum floor area of neither dwelling, following conversion, shall be less than any then required by the N.J. Housing and Mortgage Finance Agency for funding purposes.

c.

The second dwelling unit shall be rented only, and only to a family that is a certified household (very-low, low or a moderate-income) by the Administrative Agent. All families must become a certified household prior to occupancy. The administrative agent will provide affirmative marketing support, household certification, waiting listing services, program documentation support, and compliance monitoring for all units.

d.

Any apartment converted with an existing family in place, must have the existing family income certified as a certified household by the administrative agent. If the family is certified, the 10-year period begins based on the date of the income certification letter. In the event, that the existing family is deemed, "not-income eligible," the 10-year deed term period shall be tolled until the existing "non-income eligible" family vacates, and a new certified household occupies the residence. During the interim, the Landlord will be required to annually submit evidence of occupancy via annual lease renewals to the administrative agent, and the Landlord must notify the administrative agent immediately upon notification of vacancy or eviction of the "non-income eligible" family, so that the administrative agent can begin the re-rental process. The effective running time for the 10-year shall begin upon occupation by a certified household. All procedures are more fully explained in Municipal Code 15.12 and the Administrative Agent Operating Manual and Accessory Apartment Manual.

e.

All dwelling unit created under this program shall be deed restricted for a period of at least 10-years from the date of certification of occupancy. This 10-year deed restriction is subjected to tolling and modification if the unit is not occupied by a certified household or if the unit cannot maintain a valid certificate of occupancy. The Township will provide notice of the need for a deed restriction extension and a new deed restriction will be presented to the landlord to cover the extension period. It shall be the responsibility of the owner to pay all recording fees associated with the new deed restriction.

f.

Landlords shall have an affirmative duty to notify the Administrative Agent of all evictions and vacancies within 5-Business Days of occurrence.

g.

The Administrative Agent is responsible for the preparation and modification of the Affordable Housing Administrative Agent Policies and Procedures Manual and the Accessory Apartment Program Guidelines appendix. The Township has adopted and incorporated these policies and procedures manuals into its regulatory framework to further clarify and define the role and responsibilities of the Administrative Agent as well as the rules and the procedures to be followed when administering elements of Affordable Housing Program and the overall affordable housing program. These documents shall be controlling in all matters related to this subsection. These supplemental rules, policies and procedures are available for inspection at the Municipal Building during normal business hours.

h.

There shall be a recorded deed or declaration of covenants and restrictions applying to such second dwelling unit running with the land (whose form has been approved by the Township Attorney): (i) limiting its subsequent rental or sale within the requirements of subsections (10)(c), (d) and (e) of this Section; and (ii) containing such provisions (including controls or affordability) described in the Tewksbury Township Affordable Housing Ordinance, which shall apply for said period of 10-years.

i.

Each dwelling unit on the lot shall have its own exterior means of access which is separate from the other, and shall comply with all applicable construction and health codes.

j.

The potable water supply and sewage disposal system for the dwelling units shall be adequate.

k.

An accessory structure housing a dwelling unit on the lot as permitted under this Section shall meet the front, side and rear yard requirements equal to at least one-half of those required for a principal residential structure for the zoning district in which it is located.

l.

For units in a dwelling, any part of which is located closer than 100 feet to the street line, expanded off-street parking area shall be provided on the lot in a manner that will not have the parking spaces for one dwelling unit blocking those of another.

11.

The keeping and boarding of horses on farms, as part of agricultural operations, and on single-family residential lots provided the noise, odor or contamination problems which might arise are eliminated or minimized by compliance with the following requirements (these requirements are intended to avoid adverse effects on ground water and surface waters as well as neighboring properties and their residents):

a.

The minimum lot size on which horses may be kept shall be three acres. The maximum number of horses permitted shall be two horses on the first three acres with one additional acre required for each additional horse.

b.

Manure piles, barns and/or stables shall not encroach upon a stream conservation easement. Manure piles shall be set back at least 150 feet in all directions from existing dwellings on abutting or neighboring lots. Barns and/or stables shall be no closer than 50 feet to any stream or spring and shall be no closer than 100 feet to a street line or lot line, except that a barn may have a side or rear yard setback of no less than 50 feet if there is at least 140 feet between the barn and all existing dwellings on adjacent or neighboring lots.

c.

A horse trailer is permitted on a lot where horses are kept or boarded.

12.

Horse shows shall be permitted on lots of 10 acres or more.

13.

Solar and Photovoltaic Energy Systems in accordance with standards set forth in § 726 C, as established herein.

a.

Roof-mounted solar or photovoltaic energy systems.

b.

Ground-mounted solar or photovoltaic energy systems.

D.

Conditional Uses. In addition to the standards set forth in this subsection, all conditional uses shall meet other applicable design standards as set forth in Article VIII of this Ordinance.

1.

Public utility facilities, except communication towers;

2.

Kennels;

3.

Affordable housing conforming to the following requirements:

In order to provide additional opportunities for affordable housing and, in particular, to offer an opportunity to the affordable income families which include a farm worker, lots having at least 20 acres and whose principal use is a farm may also be permitted to have an accessory building used as a dwelling unit, provided:

a.

Each unit shall comply with the requirements of Section 707, that are not amended in this Section, and the Affordable Housing Ordinance codified at Municipal Code § 15.12.

b.

Each such dwelling unit shall serve as living quarters for an employee of the farm, or the employee and his/her family.

c.

Each such unit shall be a maximum size of two bedrooms and have a maximum floor area of 900 square feet.

d.

No more than one dwelling unit shall be located in any one converted accessory building.

e.

Each unit shall be located so as to have setbacks twice those required for other farm accessory buildings except no such unit shall be located in any front yard unless it is set back from the street line at least 200 feet.

f.

The number of units (in addition to the principal dwelling) permitted under these provisions shall not exceed one unit per 10 acres, or one unit per 20 horse stalls, or a total of four units per lot, whichever results in the smaller number.

g.

Each unit shall have its own exterior means of access separate from any other unit.

h.

The potable water supply and sewage disposal system for the unit(s) and principal dwelling shall be adequate.

i.

Additional off-street parking shall be made available for each unit in accordance with Section 721.

j.

The property on which the housing is located shall be under Farmland Assessment.

4.

School bus storage.

E.

Area Yard and Bulk Requirements (Principal Permitted Uses).

*  See Section 706 Exceptions, D. Flag Lots, which are applicable to all uses.

** See Section 706 Exceptions, F. Existing Undersized Lots.

(Ord. 02-2007 § 2, 2007; Ord. 17-2004 § 1, 2004; Ord. 08-2004 § 7, 2004: Ord. 05-2003 §§ 5, 6, 2003; Ord. 20-2002 § 7, 2002; Ord. 18-2000 § 6, 2000; Ord. 11-2000 (part), 2000)

(Ord. No. 03-2015, § 2, 5-12-2015; Ord. No. 09-2019, § VII, 7-9-2019)

A.

Purpose. This district which borders Bedminster Township drains to the east to the Lamington River, which is Category 1 trout production stream. The western boundary of the district are steep slopes, where soils have a high erosion potential. Geology is Conglomerates and some Passaic Formation. The area is potentially the habitat for the Barred Owl, a federally-endangered species, which has been sighted in the area. Adjacent Bedminster Township zoning is one dwelling per ten acres. The zoning regulations for this district are derived from considerations set forth in the Master Plan.

B.

Permitted Principal Uses.

1.

Agriculture.

2.

Detached single-family dwellings.

3.

Township buildings and facilities.

4.

Fire and rescue squad services.

5.

Public libraries.

6.

Houses of worship.

7.

Public and private, non-profit schools, primarily operating inside a building or buildings.

8.

Community residences; community shelters; and alternative living arrangement housing or two-family dwellings which provide low and/or moderate income housing, located on lands owned by the Township [even if subject to a lease from the Township], and which are part of the fair share plan of the Township pursuant to the N.J. Fair Housing Act (N.J.S.A. 52:27D-301 et seq.).

9.

Family daycare homes as defined in 40:50D-66.5a. and b.

10.

Cluster development.

11.

Lot size averaging.

C.

Permitted Accessory Uses.

1.

Residential garages/private garages/swimming pools/tennis courts. (See Section 719 for additional standards.)

2.

A building, other than a building used for agricultural purposes, to house domesticated animals which are kept solely for the use or pleasure of the residents of the dwelling.

3.

Storage sheds/tool sheds.

4.

Nursery and greenhouses, barns and customary farm out-buildings.

5.

Repair and maintenance of farm buildings and machinery located and used on the same tract as the farm or agricultural or horticultural use, including for such purposes facilities for carpentry, masonry, electrical, and other artisan and mechanical equipment and tools.

6.

Farm Markets.

a.

The maximum size of a seasonal farm market standing alone shall be one thousand (1,000) square feet.

b.

Where the selling area is located in a structure also being used for other purposes, such selling area shall be separated by permanent partitions (which may have doors) and such selling areas shall be limited to one thousand (1,000) square feet.

c.

One off-street parking space shall be provided for each two hundred (200) square feet of stand area with a minimum of two (2) spaces. The spaces shall be designed and arranged so as not to create a traffic hazard or obstruction to the traveling public.

d.

No more than two (2) signs not to exceed six (6) square feet each shall be permitted on the premises.

e.

In its review of the site plan, the Approving Authority may establish reasonable hours of operation and include regulations governing the use of lights to prevent sky glow and glare off-site.

7.

Processing, freezing and storage of dairy products, poultry, meats, fruits, feed, and vegetables predominantly raised or produced on the same tract.

8.

For the purposes of subsections C.6 and 7 of this Section, the same tract may include not only the lot on which the sale, processing, freezing, or storage is taking place, but also any other lot(s) farmed by the same farmer as the one who owns or farms the lot on which the sale, processing, freezing, or storage takes place.

9.

Conversions for Affordable Housing. For the specific purpose of providing additional opportunities for affordable housing in the Township, lots: (1) whose principal use is for residential purposes, or residential and agricultural purposes; and (2) which have only one dwelling unit (being a single-family dwelling) located thereon, may have the single-family dwelling thereon either converted from a portion of the first, existing single-family dwelling, or from an accessory structure on the lot, provided the following conditions are met:

a.

As required under NJAC 5:97-6.8 (b)2, the Township will provide $20,000 (moderate unit) or $25,000 (low-income unit) subsidy for a conversion or an accessory apartment after the unit has been restricted for certified affordable households with 10-year a deed covenant and a certification of occupancy has been issued by the Township. Subject to availability of funds from the Township's Affordable Housing Trust Fund.

b.

The maximum floor area of the second dwelling unit shall be 900 square feet and the minimum floor area of neither dwelling, following conversion, shall be less than any then required by the N.J. Housing and Mortgage Finance Agency for funding purposes.

c.

The second dwelling unit shall be rented only, and only to a family that is a certified household (very-low, low or a moderate-income) by the Administrative Agent. All families must become a certified household prior to occupancy. The administrative agent will provide affirmative marketing support, household certification, waiting listing services, program documentation support, and compliance monitoring for all units.

d.

Any apartment converted with an existing family in place, must have the existing family income certified as a certified household by the administrative agent. If the family is certified, the 10-year period begins based on the date of the income certification letter. In the event, that the existing family is deemed, "not-income eligible," the 10-year deed term period shall be tolled until the existing "non-income eligible" family vacates, and a new certified household occupies the residence. During the interim, the Landlord will be required to annually submit evidence of occupancy via annual lease renewals to the administrative agent, and the Landlord must notify the administrative agent immediately upon notification of vacancy or eviction of the "non-income eligible" family, so that the administrative agent can begin the re-rental process. The effective running time for the 10-year shall begin upon occupation by a certified household. All procedures are more fully explained in Municipal Code 15.12 and the Administrative Agent Operating Manual and Accessory Apartment Manual.

e.

All dwelling unit created under this program shall be deed restricted for a period of at least 10-years from the date of certification of occupancy. This 10-year deed restriction is subjected to tolling and modification if the unit is not occupied by a certified household or if the unit cannot maintain a valid certificate of occupancy. The Township will provide notice of the need for a deed restriction extension and a new deed restriction will be presented to the landlord to cover the extension period. It shall be the responsibility of the owner to pay all recording fees associated with the new deed restriction.

f.

Landlords shall have an affirmative duty to notifying the Administrative Agent of all evictions and vacancies within 5-Business Days of occurrence.

g.

The Administrative Agent is responsible for the preparation and modification of the Affordable Housing Administrative Agent Policies and Procedures Manual and the Accessory Apartment Program Guidelines appendix. The Township has adopted and incorporated these policies and procedures manuals into its regulatory framework to further clarify and define the role and responsibilities of the Administrative Agent as well as the rules and the procedures to be followed when administering elements of Affordable Housing Ordinance and the overall affordable housing program. These documents shall be controlling in all matters related to this subsection. These supplemental rules, policies and procedures are available for inspection at the Municipal Building during normal business hours.

h.

There shall be a recorded deed or declaration of covenants and restrictions applying to such second dwelling unit running with the land (whose form has been approved by the Township Attorney): (i) limiting its subsequent rental or sale within the requirements of subsections C.9 (c), (d) and (e) of this Section; and (ii) containing such provisions (including controls or affordability) described in the Tewksbury Township Affordable Housing Ordinance, which shall apply for said period of 10-years.

i.

Each dwelling unit on the lot shall have its own exterior means of access which is separate from the other, and shall comply with all applicable construction and health codes.

j.

The potable water supply and sewage disposal system for the dwelling units shall be adequate.

k.

An accessory structure housing a dwelling unit on the lot as permitted under this Section shall meet the front, side and rear yard requirements equal to at least one-half of those required for a principal residential structure for the zoning district in which it is located.

l.

For units in a dwelling, any part of which is located closer than 100 feet to the street line, expanded off-street parking area shall be provided on the lot in a manner that will not have the parking spaces for one dwelling unit blocking those of another.

10.

The keeping and boarding of horses on farms, as part of agricultural operations, and on single-family residential lots provided the noise, odor or contamination problems which might arise are eliminated or minimized by compliance with the following requirements (these requirements are intended to avoid adverse effects on ground water and surface waters as well as neighboring properties and their residents):

a.

The minimum lot size on which horses may be kept shall be three acres. The maximum number of horses permitted shall be two horses on the first three acres with one additional acre required for each additional horse.

b.

Manure piles, barns and/or stables shall not encroach upon a stream conservation easement. Manure piles shall be set back at least 150 feet in all directions from existing dwellings on abutting or neighboring lots. Barns and/or stables shall be no closer than 50 feet to any stream or spring and shall be no closer than 100 feet to a street line or lot line, except that a barn may have a side or rear yard setback of no less than 50 feet if there is at least 140 feet between the barn and all existing dwellings on adjacent or neighboring lots.

c.

A horse trailer is permitted on a lot where horses are kept or boarded.

11.

Horse shows shall be permitted on lots of 10 acres or more.

12.

Solar and Photovoltaic Energy Systems in accordance with standards set forth in § 726 C, as established herein.

a.

Roof-mounted solar or photovoltaic energy systems.

b.

Ground-mounted solar or photovoltaic energy systems.

D.

Conditional Uses. In addition to the standards set forth in this subsection, all conditional uses shall meet other applicable design standards as set forth in Article VIII of this Ordinance.

1.

Public utility facilities, except communication towers.

2.

Kennels.

3.

Affordable housing conforming to the following requirements:

In order to provide additional opportunities for affordable housing and, in particular, to offer an opportunity to the affordable income families which include a farm worker, lots having at least 20 acres and whose principal use is a farm may also be permitted to have an accessory building used as a dwelling unit, provided:

a.

Each unit shall comply with the requirements of Section 707, that are not amended in this Section, and the Affordable Housing Ordinance codified at Municipal Code § 15.12.

b.

Each such dwelling unit shall serve as living quarters for an employee of the farm, or the employee and his/her family.

c.

Each such unit shall be a maximum size of two bedrooms and have a maximum floor area of 900 square feet.

d.

No more than one dwelling unit shall be located in any one converted accessory building.

e.

Each unit shall be located so as to have setbacks twice those required for other farm accessory buildings except no such unit shall be located in any front yard unless it is set back from the street line at least 200 feet.

f.

The number of units (in addition to the principal dwelling) permitted under these provisions shall not exceed one unit per 10 acres, or one unit per 20 horse stalls, or a total of four units per lot, whichever results in the smaller number.

g.

Each unit shall have its own exterior means of access separate from any other unit.

h.

The potable water supply and sewage disposal system for the unit(s) and principal dwelling shall be adequate.

i.

Additional off-street parking shall be made available for each unit in accordance with Section 721.

j.

The property on which the housing is located shall be under Farmland Assessment.

4.

School bus storage.

E.

Area Yard and Bulk Requirements (Principal Permitted Uses).

*  See Section 706 Exceptions, D. Flag Lots, which are applicable to all uses.

** See Section 706 Exceptions, F. Existing Undersized Lots.

(Ord. 02-2007 § 3, 2007; Ord. 08-2004 § 8, 2004: Ord. 05-2003 § 7, 2003; Ord. 03-2003 § 5 (part), 2003; Ord. 20-2002 § 8, 2002; Ord. 18-2000 § 7, 2000; Ord. 11-2000 (part), 2000)

(Ord. No. 07-2014, § 3, 9-9-2014; Ord. No. 09-2019, § VII, 7-9-2019)

A.

Purpose. This district contains large amounts of prime agricultural soils and soils of statewide significance for agriculture. The land is hilly and generally without steep or critical slopes like other parts of the Township. An Agricultural Development Area (ADA) covers most of the district, as does a proposed historic district. Hydrology is a mix of Border Conglomerates and the Passaic Formation. The zoning regulations for this District are derived from considerations set forth in the Master Plan. Minimum lot sizes are recommended at seven acres, with options for preservation using clustering, lot size averaging or non-contiguous density transfer.

B.

Permitted Principal Uses.

1.

Agriculture.

2.

Detached single-family dwellings.

3.

Township buildings and facilities.

4.

Fire and rescue squad services.

5.

Public libraries.

6.

Houses of worship.

7.

Public and private, non-profit schools, primarily operating inside a building or buildings.

8.

Community residences; community shelters; and alternative living arrangement housing or two-family dwellings which provide low and/or moderate income housing located on lands owned by the Township [even if subject to a lease from the Township], and which are part of the fair share plan of the Township pursuant to the N.J. Fair Housing Act (N.J.S.A. 52:27D-301 et seq.).

9.

Family daycare homes as defined in 40:50D-66.5a. and b.

10.

Cluster development.

11.

Lot size averaging.

C.

Permitted Accessory Uses.

1.

Residential garages/private garages/swimming pools/tennis courts. (See Section 719 for additional standards.)

2.

A building, other than a building used for agricultural purposes, to house domesticated animals which are kept solely for the use or pleasure of the residents of the dwelling.

3.

Storage sheds/tool sheds.

4.

Nursery and greenhouses, barns and customary farm out-buildings.

5.

Home occupation.

6.

Repair and maintenance of farm buildings and machinery located and used on the same tract as the farm or agricultural or horticultural use, including for such purposes facilities for carpentry, masonry, electrical, and other artisan and mechanical equipment and tools.

7.

Farm Markets.

a.

The maximum size of a seasonal farm market standing alone shall be one thousand (1,000) square feet.

b.

Where the selling area is located in a structure also being used for other purposes, such selling area shall be separated by permanent partitions (which may have doors) and such selling areas shall be limited to one thousand (1,000) square feet.

c.

One off-street parking space shall be provided for each two hundred (200) square feet of stand area with a minimum of two (2) spaces. The spaces shall be designed and arranged so as not to create a traffic hazard or obstruction to the traveling public.

d.

No more than two (2) signs not to exceed six (6) square feet each shall be permitted on the premises.

e.

In its review of the site plan, the Approving Authority may establish reasonable hours of operation and include regulations governing the use of lights to prevent sky glow and glare off-site.

8.

Processing, freezing and storage of dairy products, poultry, meats, fruits, feed, and vegetables predominantly raised or produced on the same tract.

9.

For the purposes of subsections C.7 and 8 of this Section, the same tract may include not only the lot on which the sale, processing, freezing, or storage is taking place, but also any other lot(s) farmed by the same farmer as the one who owns or farms the lot on which the sale, processing, freezing, or storage takes place.

10.

Conversions for Affordable Housing. For the specific purpose of providing additional opportunities for affordable housing in the Township, lots: (1) whose principal use is for residential purposes, or residential and agricultural purposes; and (2) which have only one dwelling unit (being a single-family dwelling) located thereon, may have the single-family dwelling thereon either converted from a portion of the first, existing single-family dwelling, or from an accessory structure on the lot, provided the following conditions are met:

a.

As required under NJAC 5:97-6.8 (b)2, the Township will provide $20,000 (moderate unit) or $25,000 (low-income unit) subsidy for a conversion or an accessory apartment after the unit has been restricted for certified affordable households with a ten (10) year a deed covenant and a certification of occupancy has been issued by the Township. Subject to availability of funds from the Township's Affordable Housing Trust Fund.

b.

The maximum floor area of the second dwelling unit shall be 900 square feet and the minimum floor area of neither dwelling, following conversion, shall be less than any then required by the N.J. Housing and Mortgage Finance Agency for funding purposes.

c.

The second dwelling unit shall be rented only, and only to a family that is a certified household (very-low, low or a moderate-income) by the Administrative Agent. All families must become a certified household prior to occupancy. The administrative agent will provide affirmative marketing support, household certification, waiting listing services, program documentation support, and compliance monitoring for all units.

d.

Any apartment converted with an existing family in place, must have the existing family income certified as a certified household by the administrative agent. If the family is certified, the 10-year period begins based on the date of the income certification letter. In the event, that the existing family is deemed, "not-income eligible," the 10-year deed term period shall be tolled until the existing "non-income eligible" family vacates, and a new certified household occupies the residence. During the interim, the Landlord will be required to annually submit evidence of occupancy via annual lease renewals to the administrative agent, and the Landlord must notify the administrative agent immediately upon notification of vacancy or eviction of the "non-income eligible" family, so that the administrative agent can begin the re-rental process. The effective running time for the 10-year shall begin upon occupation by a certified household. All procedures are more fully explained in Municipal Code 15.12 and the Administrative Agent Operating Manual and Accessory Apartment Manual.

e.

All dwelling unit created under this program shall be deed restricted for a period of at least 10-years from the date of certification of occupancy. This 10-year deed restriction is subjected to tolling and modification if the unit is not occupied by a certified household or if the unit cannot maintain a valid certificate of occupancy. The Township will provide notice of the need for a deed restriction extension and a new deed restriction will be presented to the landlord to cover the extension period. It shall be the responsibility of the owner to pay all recording fees associated with the new deed restriction.

f.

Landlords shall have an affirmative duty to notifying the Administrative Agent of all evictions and vacancies within 5-Business Days of occurrence.

g.

The Administrative Agent is responsible for the preparation and modification of the Affordable Housing Administrative Agent Policies and Procedures Manual and the Accessory Apartment Program Guidelines appendix. The Township has adopted and incorporated these policies and procedures manuals into its regulatory framework to further clarify and define the role and responsibilities of the Administrative Agent as well as the rules and the procedures to be followed when administering elements of Affordable Housing Ordinance and the overall affordable housing program. These documents shall be controlling in all matters related to this subsection. These supplemental rules, policies and procedures are available for inspection at the Municipal Building during normal business hours.

h.

There shall be a recorded deed or declaration of covenants and restrictions applying to such second dwelling unit running with the land (whose form has been approved by the Township Attorney): (i) limiting its subsequent rental or sale within the requirements of subsections C 10 (c), (d) and (e) of this Section; and (ii) containing such provisions (including controls or affordability) described in the Tewksbury Township Affordable Housing Ordinance, which shall apply for said period of 10-years.

i.

Each dwelling unit on the lot shall have its own exterior means of access which is separate from the other, and shall comply with all applicable construction and health codes.

j.

The potable water supply and sewage disposal system for the dwelling units shall be adequate.

k.

An accessory structure housing a dwelling unit on the lot as permitted under this Section shall meet the front, side and rear yard requirements equal to at least one-half of those required for a principal residential structure for the zoning district in which it is located.

l.

For units in a dwelling, any part of which is located closer than 100 feet to the street line, expanded off-street parking area shall be provided on the lot in a manner that will not have the parking spaces for one dwelling unit blocking those of another.

11.

The keeping and boarding of horses on farms, as part of agricultural operations, and on single-family residential lots provided the noise, odor or contamination problems which might arise are eliminated or minimized by compliance with the following requirements (these requirements are intended to avoid adverse effects on groundwater and surface waters as well as neighboring properties and their residents):

a.

The minimum lot size on which horses may be kept shall be three acres. The maximum number of horses permitted shall be two horses on the first three acres with one additional acre required for each additional horse.

b.

Manure piles, barns and/or stables shall not encroach upon a stream conservation easement. Manure piles shall be set back at least 150 feet in all directions from existing dwellings on abutting or neighboring lots. Barns and/or stables shall be no closer than 50 feet to any stream or spring and shall be no closer than 100 feet to a street line or lot line, except that a barn may have a side or rear yard setback of no less than 50 feet if there is at least 140 feet between the barn and all existing dwellings on adjacent or neighboring lots.

c.

A horse trailer is permitted on a lot where horses are kept or boarded.

12.

Horse shows shall be permitted on lots of 10 acres or more.

13.

Solar and Photovoltaic Energy Systems in accordance with standards set forth in § 726 C, as established herein.

a.

Roof-mounted solar or photovoltaic energy systems.

b.

Ground-mounted solar or photovoltaic energy systems.

D.

Conditional Uses. In addition to the standards set forth in this subsection, all conditional uses shall meet other applicable design standards as set forth in Article VIII of this Ordinance.

1.

Public utility facilities, except communication towers.

2.

Kennels.

3.

Affordable housing conforming to the following requirements:

In order to provide additional opportunities for affordable housing and, in particular, to offer an opportunity to the affordable income families which include a farm worker, lots having at least 20 acres and whose principal use is a farm may also be permitted to have an accessory building used as a dwelling unit, provided:

a.

Each unit shall comply with the requirements of Section 707, that are not amended in this Section, and the Affordable Housing Ordinance codified at Municipal Code § 15.12.

b.

Each such dwelling unit shall serve as living quarters for an employee of the farm, or the employee and his/her family.

c.

Each such unit shall be a maximum size of two bedrooms and have a maximum floor area of 900 square feet.

d.

No more than one dwelling unit shall be located in any one converted accessory building.

e.

Each unit shall be located so as to have setbacks twice those required for other farm accessory buildings except no such unit shall be located in any front yard unless it is set back from the street line at least 200 feet.

f.

The number of units (in addition to the principal dwelling) permitted under these provisions shall not exceed one unit per 10 acres, or one unit per 20 horse stalls, or a total of four units per lot, whichever results in the smaller number.

g.

Each unit shall have its own exterior means of access separate from any other unit.

h.

The potable water supply and sewage disposal system for the unit(s) and principal dwelling shall be adequate.

i.

Additional off-street parking shall be made available for each unit in accordance with Section 721.

j.

The property on which the housing is located shall be under Farmland Assessment.

4.

School bus storage.

E.

Area Yard and Bulk Requirements (Principal Permitted Uses).

*  See Section 706 Exceptions, D. Flag Lots, which are applicable to all uses.

** See Section 706 Exceptions, F. Existing Undersized Lots.

(Ord. 02-2007 § 4, 2007; Ord. 08-2004 § 9, 2004)

(Ord. No. 07-2014, § 3, 9-9-2014; Ord. No. 09-2019, § VII, 7-9-2019)

A.

Purpose. The Piedmont District is established in the south-eastern portion of the Township where, the terrain is less severe. The agriculture is related to the drainage basin dominated by the Passaic Formation, resulting in soils more favorable to crop production. These lands are also flatter in terms of topography, making them more useful to grazing. The zoning regulations for this District are derived from considerations set forth in the Master Plan. Based on environmental limitations and limited infrastructure, a low density residential pattern of one home per five acres is designated for this district.

B.

Permitted Principal Uses.

1.

Agriculture.

2.

Detached single-family dwellings.

3.

Township buildings and facilities.

4.

Fire and rescue squad services.

5.

Public libraries.

6.

Houses of worship.

7.

Public and private, non-profit schools, primarily operating inside a building or buildings.

8.

Community residences; community shelters; and alternative living arrangement housing or two-family dwellings which provide low and/or moderate income housing located on lands owned by the Township [even if subject to a lease from the Township], and which are part of the fair share plan of the Township pursuant to the N.J. Fair Housing Act (N.J.S.A. 52:27D-301 et seq.).

9.

Family daycare homes as defined in 40:50D-66.5a. and b.

10.

Cluster development.

11.

Kennels.

C.

Permitted Accessory Uses.

1.

Residential garages/private garages/swimming pools/tennis courts. (See Section 719 for additional standards.)

2.

A building, other than a building used for agricultural purposes, to house domesticated animals which are kept solely for the use or pleasure of the residents of the dwelling.

3.

Storage sheds/tool sheds.

4.

Nursery and greenhouses, barns and customary farm out-buildings.

5.

Home Occupation.

Conversions for Affordable Housing. For the specific purpose of providing additional opportunities for affordable housing in the Township, lots: (1) whose principal use is for residential purposes, or residential and agricultural purposes; and (2) which have only one dwelling unit (being a single-family dwelling) located thereon, may have the single-family dwelling thereon either converted from a portion of the first, existing single-family dwelling, or from an accessory structure on the lot, provided the following conditions are met:

a.

As required under NJAC 5:97-6.8 (b)2, the Township will provide $20,000 (moderate unit) or $25,000 (low-income unit) subsidy for a conversion or an accessory apartment after the unit has been restricted for certified affordable households with a ten (10) year a deed covenant and a certification of occupancy has been issued by the Township. Subject to availability of funds from the Township's Affordable Housing Trust Fund.

b.

The maximum floor area of the second dwelling unit shall be 900 square feet and the minimum floor area of neither dwelling, following conversion, shall be less than any then required by the N.J. Housing and Mortgage Finance Agency for funding purposes.

c.

The second dwelling unit shall be rented only, and only to a family that is a certified household (very-low, low or a moderate-income) by the Administrative Agent. All families must become a certified household prior to occupancy. The administrative agent will provide affirmative marketing support, household certification, waiting listing services, program documentation support, and compliance monitoring for all units.

d.

Any apartment converted with an existing family in place, must have the existing family income certified as a certified household by the administrative agent. If the family is certified, the 10-year period begins based on the date of the income certification letter. In the event, that the existing family is deemed, "not-income eligible," the 10-year deed term period shall be tolled until the existing "non-income eligible" family vacates, and a new certified household occupies the residence. During the interim, the Landlord will be required to annually submit evidence of occupancy via annual lease renewals to the administrative agent, and the Landlord must notify the administrative agent immediately upon notification of vacancy or eviction of the "non-income eligible" family, so that the administrative agent can begin the re-rental process. The effective running time for the 10-year shall begin upon occupation by a certified household. All procedures are more fully explained in Municipal Code 15.12 and the Administrative Agent Operating Manual and Accessory Apartment Manual.

e.

All dwelling unit created under this program shall be deed restricted for a period of at least 10-years from the date of certification of occupancy. This 10-year deed restriction is subjected to tolling and modification if the unit is not occupied by a certified household or if the unit cannot maintain a valid certificate of occupancy. The Township will provide notice of the need for a deed restriction extension and a new deed restriction will be presented to the landlord to cover the extension period. It shall be the responsibility of the owner to pay all recording fees associated with the new deed restriction.

f.

Landlords shall have an affirmative duty to notifying the Administrative Agent of all evictions and vacancies within 5-Business Days of occurrence.

g.

The Administrative Agent is responsible for the preparation and modification of the Affordable Housing Administrative Agent Policies and Procedures Manual and the Accessory Apartment Program Guidelines appendix. The Township has adopted and incorporated these policies and procedures manuals into its regulatory framework to further clarify and define the role and responsibilities of the Administrative Agent as well as the rules and the procedures to be followed when administering elements of Affordable Housing Ordinance and the overall affordable housing program. These documents shall be controlling in all matters related to this subsection. These supplemental rules, policies and procedures are available for inspection at the Municipal Building during normal business hours.

h.

There shall be a recorded deed or declaration of covenants and restrictions applying to such second dwelling unit running with the land (whose form has been approved by the Township Attorney): (i) limiting its subsequent rental or sale within the requirements of subsections C.5 (c), (d) and (e) of this Section; and (ii) containing such provisions (including controls or affordability) described in the Tewksbury Township Affordable Housing Ordinance, which shall apply for said period of 10-years.

i.

Each dwelling unit on the lot shall have its own exterior means of access which is separate from the other, and shall comply with all applicable construction and health codes.

j.

The potable water supply and sewage disposal system for the dwelling units shall be adequate.

k.

An accessory structure housing a dwelling unit on the lot as permitted under this Section shall meet the front, side and rear yard requirements equal to at least one-half of those required for a principal residential structure for the zoning district in which it is located.

l.

For units in a dwelling, any part of which is located closer than 100 feet to the street line, expanded off-street parking area shall be provided on the lot in a manner that will not have the parking spaces for one dwelling unit blocking those of another.

6.

Repair and maintenance of farm buildings and machinery located and used on the same tract as the farm or agricultural or horticultural use, including for such purposes facilities for carpentry, masonry, electrical, and other artisan and mechanical equipment and tools.

7.

Farm Markets.

a.

The maximum size of a seasonal farm market standing alone shall be one thousand (1,000) square feet.

b.

Where the selling area is located in a structure also being used for other purposes, such selling area shall be separated by permanent partitions (which may have doors) and such selling areas shall be limited to one thousand (1,000) square feet.

c.

One off-street parking space shall be provided for each two hundred (200) square feet of stand area with a minimum of two (2) spaces. The spaces shall be designed and arranged so as not to create a traffic hazard or obstruction to the traveling public.

d.

No more than two (2) signs not to exceed six (6) square feet each shall be permitted on the premises.

e.

In its review of the site plan, the Approving Authority may establish reasonable hours of operation and include regulations governing the use of lights to prevent sky glow and glare off-site.

8.

Processing, freezing and storage of dairy products, poultry, meats, fruits, feed, and vegetables predominantly raised or produced on the same tract.

9.

For the purposes of subsections C.7 and 8 of this Section, the same tract may include not only the lot on which the sale, processing, freezing, or storage is taking place, but also any other lot(s) farmed by the same farmer as the one who owns or farms the lot on which the sale, processing, freezing, or storage takes place.

10.

The keeping and boarding of horses on farms, as part of agricultural operations, and on single-family residential lots provided the noise, odor or contamination problems which might arise are eliminated or minimized by compliance with the following requirements (these requirements are intended to avoid adverse effects on groundwater and surface waters as well as neighboring properties and their residents):

a.

The minimum lot size on which horses may be kept shall be three acres. The maximum number of horses permitted shall be two horses on the first three acres with one additional acre required for each additional horse.

b.

Manure piles, barns and/or stables shall not encroach upon a stream conservation easement. Manure piles shall be set back at least 150 feet in all directions from existing dwellings on abutting or neighboring lots. Barns and/or stables shall be no closer than 50 feet to any stream or spring and shall be no closer than 100 feet to a street line or lot line, except that a barn may have a side or rear yard setback or no less than 50 feet if there is at least 140 feet between the barn and all existing dwellings on adjacent or neighboring lots.

c.

A horse trailer is permitted on a lot where horses are kept or boarded.

11.

Horse shows shall be permitted on lots of 10 acres or more.

12.

Adding Decks to Pre-existing, Non-conforming Townhouses (Hunter's Glen) [refer to Section 706 G].

13.

Solar and Photovoltaic Energy Systems in accordance with standards set forth in § 726 C, as established herein.

a.

Roof-mounted solar or photovoltaic energy systems.

b.

Ground-mounted solar or photovoltaic energy systems.

D.

Conditional Uses. In addition to the standards set forth in this subsection, all conditional uses shall meet other applicable design standards as set forth in Article VIII of this Ordinance.

1.

Public utility facilities, except communication towers.

2.

Low and moderate income housing conforming to the following requirements:

In order to provide additional opportunities for low and moderate income housing and, in particular, to offer an opportunity to the low and moderate income families which include a farm worker, lots having at least 20 acres and whose principal use is a farm may also be permitted to have an accessory building used as a dwelling unit, provided:

a.

Each unit shall comply with the requirements of Section 707, that are not amended in this Section, and the Housing Ordinance.

b.

Each such dwelling unit shall serve as living quarters for an employee of the farm, or the employee and his/her family.

c.

Each such unit shall be a maximum size of two bedrooms and have a maximum floor area of 900 square feet.

d.

No more than one dwelling unit shall be located in any one converted accessory building.

e.

Each unit shall be located so as to have setbacks twice those required for other farm accessory buildings except no such unit shall be located in any front yard unless it is set back from the street line at least 200 feet.

f.

The number of units (in addition to the principal dwelling) permitted under these provisions shall not exceed one unit per 10 acres, or one unit per 20 horse stalls, or a total of four units per lot, whichever results in the smaller number.

g.

Each unit shall have its own exterior means of access separate from any other unit.

h.

The potable water supply and sewage disposal system for the unit(s) and principal dwelling shall be adequate.

i.

Additional off-street parking shall be made available for each unit in accordance with Section 721.

j.

The property on which the housing is located shall be under Farmland Assessment.

3.

Affordable housing conforming to the following requirements:

In order to provide additional opportunities for affordable housing and, in particular, to offer an opportunity to the affordable income families which include a farm worker, lots having at least 20 acres and whose principal use is a farm may also be permitted to have an accessory building used as a dwelling unit, provided:

a.

Each unit shall comply with the requirements of Section 707, that are not amended in this Section, and the Affordable Housing Ordinance codified at Municipal Code § 15.12.

b.

Each such dwelling unit shall serve as living quarters for an employee of the farm, or the employee and his/her family.

c.

Each such unit shall be a maximum size of two bedrooms and have a maximum floor area of 900 square feet.

d.

No more than one dwelling unit shall be located on any one converted accessory building.

e.

Each unit shall be located so as to have setbacks twice those required for other farm accessory buildings except no such unit shall be located in any front yard unless it is set back from the street line at least 200 feet.

f.

The number of units (in addition to the principal dwelling) permitted under these provisions shall not exceed one unit per 10 acres, or one unit per 20 horse stalls, or a total of four units per lot, whichever results in the smaller number.

g.

Each unit shall have its own exterior means of access separate from any other unit.

h.

The potable water supply and sewage disposal system for the unit(s) and principal dwelling shall be adequate.

i.

Additional off-street parking shall be made available for each unit in accordance with Section 721.

j.

The property on which the housing is located shall be under Farmland Assessment.

E.

Area Yard and Bulk Requirements (Principal Permitted Uses).

* See Section 706 Exceptions, D. Flag Lots, which are applicable to all uses.

** See Section 706 Exceptions, F. Existing Undersized Lots.

(Ord. 02-2007 § 5, 2007; Ord. 08-2004 § 10, 2004)

(Ord. No. 12-2013, 11-12-2013; Ord. No. 07-2014, § 3, 9-9-2014; Ord. No. 09-2019, § VII, 7-9-2019)

A.

Purpose. The R-1.5 District recognizes existing suburban development of more recent periods. The development in the R-1.5 District is all detached single-family homes on lots of 1 to 3 acres. The area that has been designated for R-1.5 (1.5 acre minimum lot size) residential development in the Township is located along a portion of Route 523 south of Oldwick, along Felmley and Matheson Roads, and south of Interstate Route 78 and along New Bromley Road. This designation recognizes the existing land use pattern in this area and is limited in scope in comparison to the total area of the Township. Due to the extremely poor septic suitability of soils on these lands, and current problems with existing septics in the area, no expansion of this area is contemplated.

B.

Permitted Principal Uses.

1.

Detached single-family dwellings.

2.

Community residences; community shelters; and alternative living arrangement housing or two-family dwellings which provide low and/or moderate income housing located on lands owned by the Township, and which are part of the fair share plan of the Township pursuant to the N.J. Fair Housing Act (N.J.S.A. 52.27D-301 et seq.).

3.

Family daycare homes as defined in 40:50D-66.5a. and b.

C.

Permitted Accessory Uses.

1.

Residential garages/private garages/swimming pools/tennis courts. (See Section 719 for additional standards.)

2.

A building, to house domesticated animals which are kept solely for the use or pleasure of the residents of the dwelling.

3.

Storage sheds/tool sheds.

4.

Home occupation.

5.

A horse trailer is permitted on a lot where horses are kept or boarded.

6.

Solar and Photovoltaic Energy Systems in accordance with standards set forth in § 726 C, as established herein.

a.

Roof-mounted solar or photovoltaic energy systems.

b.

Ground-mounted solar or photovoltaic energy systems.

D.

Conditional Uses. In addition to the standards set forth in this Section, all conditional uses shall meet other applicable design standards as set forth in Article VIII of this Ordinance.

1.

Public utility facilities, except communication towers.

E.

Area, Yard and Bulk Regulations.

1.

For all permitted principal uses:

(Ord. 08-2004 § 11, 2004: Ord. 11-2000 (part), 2000)

(Ord. No. 07-2014, § 3, 9-9-2014)

Repealed by Ordinance 08-2004.

(Ord. 08-2004 § 12, 2004)

A.

Purpose. The purpose of this district is to provide a zone in Pottersville for townhouses consistent with the mediation agreement with the Council on Affordable Housing and the Township's obligation to provide opportunities for very-low, low, and moderate-income housing.

B.

Permitted Principal Uses.

1.

Townhouses.

2.

Potter/Bunk and Victorian houses.

C.

Permitted Accessory Uses.

1.

Parking areas for vehicles of the residents.

2.

Separate parking areas for recreational vehicles in townhouse developments.

3.

Swimming pool for a townhouse development. The closest part of the apron, pool house, or other part of the pool complex shall be located at least 100 feet from any property line. Any pool complex shall be screened from adjacent properties by plantings and/or townhouse units. There shall be no evening illumination and no public address system.

D.

Area, Yard and Bulk Requirements. The maximum density shall be 2.3 units/acre, but in any event up to, but not more than 30 units shall be permitted. Of these 30 units, there shall be 26 new market units, 3 low/moderate units in the Potter/Bunk House located on-site (which shall include a minimum of six bedrooms overall), and 1 market unit in the Victorian House which is also on-site. The overall development shall also conform to the following:

1.

Of the three affordable units, one shall be for a low-income household at 50% of the region's median income, and two shall be for moderate income households, one at 80% of median and the other at 65.5% of median.

2.

The lower income units shall be deed restricted for 20 years as per N.J.A.C. 5:92-12.

3.

Bulk and Design Requirements (for newly constructed units)

1 Units located on side-hill locations may have 3 story heights not exceeding 40 feet on the downhill side.

2 See definition.

3 See sub-paragraph E.8 of this section.

4.

Any development shall obtain site plan approval.

5.

Public water and sewer service are required.

6.

Each development shall have an overall compatible architectural and landscaping theme with variations in design to provide attractiveness to the development. The application shall specify what considerations have been incorporated in the overall plans, such as: landscaping techniques; building orientation to the site and to other structures; topography; natural features such as wooded areas, drainage courses, soil conditions, and topographic relief; and building design features such as varying unit widths, staggering unit setbacks, providing different exterior materials, changing roof lines and roof designs, altering building heights, and changing types of windows, shutters, doors, porches, colors, and vertical or horizontal orientation of the facades, singly or in combination.

7.

There shall be not less than 3 nor more than 8 units in one building group.

8.

No dwelling unit shall have a living area level lower than the finished grade along the front of the structure, except that on side hill locations the number of stories above ground on the uphill side shall not exceed two stories with a third story permitted above ground on the downhill side. The height of the building measured from the finished grade on the downhill side shall not exceed 40 feet.

9.

No portion of any building on the tract shall be any closer than 75 feet to the perimeter of the original tract and any existing streets. Inside the tract, buildings shall be separated by distances equal to the sum of the two yards of the two buildings. Whenever an interior road or driveway passes between buildings, the width of the road or driveway shall be added to the otherwise required distances. Buildings shall be set back from interior roads or driveways at least 40 feet; from parking areas and aisles at least 15 feet; and from recreation areas at least 50 feet.

10.

The applicant shall provide one plan showing the boundaries of the areas intended for major land use categories such as open space and buffer areas, recreation, and the townhouse units. The deed shall include a declaration of restrictions running with the land, which limits the use of the proposed common open space. The open space shall be suitably graded and dimensioned for the intended purpose(s). The location of any recreational facilities shall be a determination of the Approving Authority as part of site plan review giving due consideration to the proximity of dwelling units; type of recreational facility; noise level and evening illumination which may cause nuisances for residents; the location of pedestrian, vehicular and bicycle routes leading to the facility; and the placement of parking areas. The periphery of any active recreation areas such as a swimming pool or court games (as compared to passive areas such as park benches) shall be no closer to a residential structure than twice the minimum yard for that structure.

(Ord. 11-2000 (part), 2000; Ord. No. 09-2019, § VII, 7-9-2019)

Editor's note— Ord. No. 04-2011, § 1, adopted Feb. 22, 2011, deleted § 714, entitled "RVD Rockaway Village Development District", and derived from: Ord. 29-2004 §§ 3, 4, 2004; and Ord. 28-2004 § 5, 2004.
Section 1 of Ord. No. 04-2011 specifically states: "the Township Committee of the Township of Tewksbury, County of Hunterdon and State of New Jersey, that the Tewksbury Township Development Regulations Ordinances are hereby amended to exscind and eliminate § 714 entitled RVD Rockaway Village Development District and to otherwise eliminate and terminate any overlay district to be included in the Piedmont District."

A.

Purpose. This planned unit residential development District is created as an overlay District (as described in Section 700B) to meet the objectives described in the Township Master Plan and/or Reexamination Report to such Master Plan. The purpose is to provide, in a planned unit residential development located in an undeveloped area south of Oldwick which is close to the services in the Oldwick village a type of residential development determined to be needed, and at a location especially appropriate, in the Township.

The zoning regulations for this District are based on a number of factors, including (but not necessarily limited to) the following: [i] The provision of a housing type needed in the Township, in a location and in a District in which appropriate infrastructure can be provided. [ii] The provision of operational central water and central sewer services to each dwelling unit. [iii] The provision of two affordable housing units. [iv] The planning advantages for the whole zoning District of planned residential development.

Through the use of residential cluster and other techniques, and the requirement for significant buffered and common open space areas as well as a separate Greenbelt Parcel described in subsection (E)(5) of this Section, the regulations of this District are intended to insure that this area will retain a major corridor of undeveloped land along Route 523 to assist in preserving the area's rural character and the vistas and views as one approaches the historic village of Oldwick from the south.

Development within the South Oldwick Residential District shall be designed to preserve as many trees—particularly mature trees—as is reasonably possible in order to preserve the rural character of the area. To this end, houses, outbuildings, driveways, roads, utilities and other improvements will be sited and constructed to the extent practicable in such a manner as to maximize preservation of existing tree growth. The developer must create a separate open space parcel(s), to be owned and maintained by a homeowners association, non-profit organization or the Township.

This option or overlay may not be used in conjunction with any other zone District regulations or overlay zone.

B.

Principal Permitted Uses.

1.

One detached single-family dwelling, situated on the Existing House Lot (described in subsection E of this Section).

2.

Townhouses.

C.

Permitted Accessory Uses.

1.

Garages and other off-street parking areas.

2.

Home occupations.

3.

Central sewage treatment facilities and central water supply and above groundwater storage facilities serving development in this Zoning District. The water storage facility shall be painted gray or brown to minimize its visual impact.

4.

As part of the overall plan, common property and common open space areas shall be designated and may be designed to include guest parking spaces and a community center for residents of the development and their guests, and recreation facilities for residents of the development and their guests, such as a pool, tennis courts, pathways and incidental structures such as benches and gazebos. However, these facilities, other than occasional benches, and approved pathways, landscaping, and fencing, shall not be located within the minimum setback from Route 523 nor along the perimeter setback areas.

5.

Solar and Photovoltaic Energy Systems in accordance with standards set forth in § 726 C, as established herein.

a.

Roof-mounted solar or photovoltaic energy systems.

b.

Ground-mounted solar or photovoltaic energy systems

D.

Utility Conditional Uses Permitted. Public utility facilities, limited to those required to meet the needs, convenience and welfare of the citizens of the Township, including rights-of-way, local pumping stations, neighborhood transformers, and similar facilities needed for direct service to the neighborhood or community. Other public utility facilities, such as warehouses, power generating stations, cellular communication towers, gas manufacturing stations, compressor stations for natural gas lines, repair and maintenance yards, storage buildings, and other office or industrial-type uses shall not be permitted.

E.

Area, Yard, Bulk and Other District Regulations. Development under the South Oldwick Residential District regulations shall meet the following standards and conditions:

1.

All development under the South Oldwick Residential District regulations shall be part of a planned unit residential development including or comprising a residential cluster or clusters. A preliminary subdivision and site plan application shall be submitted to the approving authority for approval for all parts of the proposed development simultaneously. Initial findings under N.J.S.A. 40:55D-45 are required to be made by the approving authority.

2.

The maximum number of dwelling units permitted in the South Oldwick Residential District shall be seventy-six (76), comprising at most one detached single-family dwelling situated on the Existing House Lot (described below), and at most seventy-five (75) townhouses. Two of the townhouses shall be affordable housing units conforming to COAH standards, with one of such units being restricted for low income occupancy and the other of such units being restricted for moderate income occupancy.

3.

The entire planned development shall be served by central water and central sewage disposal systems. Development under these South Oldwick Residential District regulations shall be permitted only in the event adequate central water and sewage disposal systems can be provided. The utility services shall include potable water supplies and piped sewage collection and treatment systems, both as approved (if required) by NJDEP and the necessary local and/or county agencies. Both systems shall be designed with capacities limited to the levels needed to serve only the development of the South Oldwick Residential District, and the various restrictions and any conditions of approval by licensing and approval agencies shall be included in the Developer's Agreement with the Township.

(a)

Water supply shall be adequate to serve both the domestic needs of the development and fire protection. The preferred method of water service is a central, piped water distribution system serving every dwelling unit in the development, but separate, central water supply systems serving major sections of the development are also permitted. The water system shall be supplied by on-site wells (situated within the South Oldwick Residential District). Where a central, piped water distribution system is proposed to be supplied, the applicant shall submit the data required in Section 610C.1.c and satisfy the approving authority, based on expert testimony, that there is an adequate supply of water at sustained pressures for the proposed use, and without loss of any significant hydrostatic pressure in nearby wells in the event that the central, piped water distribution system does not have capacity for adequate emergency fire needs, fire protection shall be provided by underground storage tanks with a distribution system constructed for firefighting purposes. Underground storage tanks shall have a capacity of 10,000 gallons, and be located no further than one thousand two hundred feet (1,200′) from any building structure; be constructed of fiberglass and installed according to manufacturer's specifications; be installed with anti-flotation footings and straps in areas of high water table; have an access manhole; have an inspection port to measure water level; have venting for 1,500 gpm of discharge pumping; and have suction pumping connected to the bottom of the tanks. Fire hydrants to serve the development shall be provided and such hydrants shall be located no more than twelve feet (12′) above the bottom of the storage tank and along an access road suitable for fire trucks.

(b)

The sewage treatment facility serving all dwelling units in the District (except that such facility need not but may serve the single-family dwelling situated on the Existing House Lot) shall be limited to one sewage treatment plant designed to a tertiary level of treatment. The sewage treatment facility may be owned and/or operated by a qualified public utility, meeting all State and local government requirements. Any appurtenant structures shall not exceed a height of thirty-five feet (35′) and shall not be located in any buffer area.

4.

The development of the entire South Oldwick Residential District shall be designed to preserve a significant buffer area consisting of trees, and/or agricultural fields, and/or areas left open and undeveloped, along Route 523 so as to screen the new development from Route 523, to retain a rural, undeveloped visual approach to the Village of Oldwick, to provide a physical separation of the new development from the existing historic village to the north, and simultaneously to provide privacy for new residences from Route 523. Where existing vegetation and trees are insufficient to achieve these objectives, additional grading and/or trees and plantings shall be reasonably required. This buffer area shall have no improvements other than occasional benches, grading, and approved landscaping to enhance the buffered effect, approved pathways, landscaping and fencing, access drives, on-site wells and underground sewage leaching fields and their related facilities (provided there are no facilities related to same located above ground within such buffer other than well heads and pump house. The residential access street to be developed from Route 523 to allow for the townhouses shall be designed as a boulevard with a planted median with a center landscaped island of at least two hundred feet (200′) in length located near its junction with Route 523 and designed in such a way as to obstruct views into the developed portions of the site from Route 523.

The buffer area shall be an area along the east side of Route 523 on Block 45, Lots 42 and 43. The buffered area shall encompass all areas, outside of the Greenbelt Parcel, that are within two hundred fifty feet (250′) easterly of the existing centerline of Route 523 except the Existing House Lot. As a condition of development application approval, the developer(s) shall convey conservation easement(s) to the Township covering such buffer area. The conservation easement shall have the provisions set forth in the Conservation Easement Schedule annexed to this Ordinance. This buffer area shall be restricted in perpetuity with maintenance responsibility imposed upon a homeowners' association established according to N.J.S.A. 40:55D-43 for common areas. The homeowners' association documents shall state that none of the conditions required of the association as a condition of approval shall be modified without prior Township approval. Because this buffer area is intended to provide a continuation of the undeveloped, rural character of the area as set forth above, existing trees shall not be removed (unless dead or diseased) and there shall be no active recreation areas, parking lots, or other improvements (except those permitted above) that would diminish or detract from the intended use of this area as a buffer area.

5.

Development within the South Oldwick Residential District shall be subject to certain minimum requirements for a Greenbelt Parcel. The Greenbelt Parcel shall consist of sizeable (at least 9 acre) blocks of undeveloped land rather than small, isolated pockets, and shall total a minimum of forty-two (42) acres of the South Oldwick Residential District, with at least thirty (30) acres and a minimum of fourteen hundred (1,400) feet of frontage along Route 523, broken only by the existing dwelling lot, or land providing access to the townhouse development in the rear. No portion of a residential lot shall be considered part of the Greenbelt Parcel (except that the Existing House Lot may be reduced in lot size, as provided by subsection E.8 of this section, through credit for lands surrounding it being located in the Greenbelt Parcel). In order to preserve the Greenbelt Parcel, the developer shall either [i] convey it to a homeowner's association established according to N.J.S.A. 40:5D-43, which shall maintain it, subject to the conservation easement restrictions set forth on the Conservation Easement Schedule annexed to this Ordinance [except that paragraph (13) and the reference to paragraph (13) in paragraph (4) shall be deleted], with such easement being granted to the Township and such restrictions affecting the Parcel in perpetuity; or [ii] convey it to the Township (with the Township's written consent), or [iii] with the Township's written consent, convey it to a non-profit conservation corporation which has assurance of a grant from the New Jersey Green Acres Program with respect to the Parcel and has a written agreement to convey it to the Township. The homeowners' documents shall state that none of the conditions required of the association as a condition of approval shall be modified without prior Township approval.

6.

The maximum coverage with impervious surfaces for the land remaining for development in the entire South Oldwick Residential District, including the buffer area described in subsection E.4 of this section, but excluding the area comprising the Greenbelt Parcel, shall be 25 percent. Coverage shall be minimized to the extent practical. However, individual lots within the development may have a higher coverage as set forth in the following requirements. The open space for the entire development shall comprise at least 47 percent of the area of the entire South Oldwick Residential District.

7.

Dwelling units [other than a dwelling unit on the Existing House Lot] shall comply with the following:

(1) See Sub-paragraph [iii] below.

(2) See Sub-paragraph [iv] below, and, for side yards, the minimum of ten feet (10′) shall apply where the ends of buildings are angled at least 45 degrees in relation to one another. Where the end walls of adjacent units are less than 45 degrees, the minimum side yard shall be twenty feet (20′).

The maximum impervious surface ratio for the entire approximately eighty-eight acre comprising the Zoning District shall be 0.15.

[i]

Each townhouse development shall have an overall compatible architectural and landscaping theme with variations in design to provide attractiveness to the development. The development shall be designed with due consideration to the following: landscaping techniques; building orientation to the site and to other structures; topography; natural features such as wooded areas, drainage courses, soil conditions, and topographic relief; and building design features such as varying unit widths, staggering unit setbacks, providing changing roof lines and roof designs, altering building heights, and varying dimensions of windows, shutters and porches singly or in combination.

[ii]

There shall be no less than 2 or more than 6 townhouse units in one structure. No one structure shall exceed a length of one hundred and fifty feet (150′). The front facades shall be staggered so that not more than 2 adjacent units are in the same plane.

[iii]

No townhouse dwelling unit shall have a living area level lower than the finished grade along the front of the structure, except that on side bill locations the number of stories above ground on the uphill side shall not exceed 2½ stories with a third story permitted above ground on the downhill side. The height of the building measured from the finished grade on the downhill side shall not exceed forty feet (40′).

[iv]

Inside the tract, townhouse structures shall be separated by distances equal to the sum of the two yards of the two buildings as noted in the chart above. Whenever an interior road or driveway passes between buildings, the width of the road or driveway shall be added to the otherwise required distances. Buildings shall be set back twenty feet (20′) from the curbline of interior roads, at least fifteen feet (15′) from parking areas and aisles; and driveways leading to garages shall be at least twenty-five feet (25′) in length.

[v]

With the exception of driveways leading to individual townhouses, to the extent practicable all off-street parking lots shall be designed so as to minimize the view of the parking spaces from the access road and adjacent housing units within the development. These parking areas shall be buffered by a combination of grading and landscaping with both evergreen and deciduous plantings to provide a year-round visual buffer.

8.

Detached single family residence situated on the Existing House Lot. This lot shall include in its lot area the site of the house, (situated approximately 242 feet back from Route 523 and approximately 800 feet northerly of the southern boundary of Block 45, Lot 42) existing at the time of the adoption of these South Oldwick Residential District regulations. While the lot shall include the site of such existing house, there is no requirement that the existing house remain and any new detached single family dwelling on such Lot is deemed a permitted principal use as to such Lot.

As to the Existing House Lot:

* Of which four acres shall be deed restricted with a conservation easement.

There shall be no removal of trees in the 250 feet from Route 523 on this lot, unless the trees are diseased or dead.

However, so long as the frontage and yard requirements are still complied with, up to four contiguous acres of what would otherwise be part of the single-family dwelling lot area may instead be part of the Greenbelt Parcel, in which case the minimum lot area shall be reduced by the acreage added to the Greenbelt Parcel, and the lot shall still be considered as conforming to the area requirements for this South Oldwick Residential District.

9.

As to the two affordable housing townhouse dwellings, the developer(s) shall, as a condition of final approval of the development, enter agreement(s) with the Township and its Administrative Agent, whereby the developer shall affirmatively market such units for initial purchase and sell the affordable units as qualifying affordable units under regulations applicable to low, and moderate income housing promulgated by COAH and under other applicable law. One of such units shall be restricted for purchase by a low-income household earning not more than 50% of the housing region's median income and the other of such units shall be restricted for purchase by a low-income household earning not more than 80% of the housing region's median income. The affordability controls and other requirements apply, and such two units shall also be deed-restricted for 30 years pursuant to COAH regulations (including those of N.J.A.C. 5:93-9, or successor regulation). Documents in recordable form shall be submitted to the Township, and reviewed and subject to the approval of the Township Attorney, prior to the time of, or as a condition of, final approval for the development, insuring that the initial affirmative marketing of such units is carried out by the developer and that the units remain qualified as lower income units under applicable laws and regulations, for a period of at least 30 years. Pursuant to N.J.A.C. 5:93-9.3, no certificate of occupancy for initial occupancy of such unit shall be issued unless the unit is controlled by appropriate deed restrictions and COAH approved form of mortgage lien.

F.

Other Requirements.

1.

The developer(s) in the South Oldwick Residential District shall be required to establish a homeowners' association or associations conforming to the requirements of N.J.S.A. 40:55D-43, to be responsible for operating and maintaining the common open space, roadways not accepted and maintained by public bodies, driveways and parking areas, any other common property, any central water distribution system provided by on-site wells, and/or fire fighting facilities, and the sewage collection and treatment system. The master deed and other appropriate legal documents, including those establishing the homeowners' association, pertaining to the development shall insure that the owners of all dwelling units in the development shall assume and bear the foregoing responsibilities, except that separate homeowners' associations may assume those responsibilities logically appropriate to a segment of the overall planned unit residential development. The said documents shall provide for the Township to have the remedies described in N.J.S.A 40:55D-43 b. and c., and such other remedies as the Township shall have by law. The said documents establishing a homeowners' association shall provide that the association's obligations in the above respects shall not be altered or amended without prior approval of the Township.

2.

Perimeter Setbacks. The dwelling units shall be located and sited as follows: Dwellings (i) shall be set back at least seventy-five (75) feet from the perimeter boundaries of the South Oldwick Residential District, except that larger setbacks are required along Route 523 as set forth in subsection E.4 of this section, and (ii) be sited to maximize the use of existing trees and the terrain to minimize the view of the housing from existing roads to the extent practicable and feasible. Pedestrian path easements are permitted within the required District perimeter setbacks, and, when provided, shall not alter the minimum perimeter setbacks required in this subsection F.2 of this section.

3.

Townhouse lots shall be designed to provide at least a one-car garage with a driveway at least twenty feet (20′) long measured from the paved road or accessway cartway serving it. Townhouse neighborhoods shall be designed so individual townhouse unit has a driveway or parking space with direct access to the interior street system.

4.

The frontage along Route 523 shall be limited to no more than two roadway intersections from Route 523 (except as to the Existing House Lot which may have a driveway to serve the dwelling located on that Lot). In the interest of public safety, the approving authority may require an alternate temporary access route to be created for use in emergencies when and if the principal roadways connecting Route 523 to the development are blocked. Such emergency accessways need not be paved or otherwise improved, but shall be of a grade and configuration so as to be accessible to emergency vehicles, shall be kept mowed, and shall be encumbered by an easement or other suitable agreement (providing an easement width of thirty feet (30′), assuring that they are kept open and accessible for emergency use. No driveways from proposed individual dwelling units shall intersect Route 523.

5.

The overall plan shall provide a pedestrian system. The pedestrian system shall be located so as to provide a means of access from the development toward Oldwick, as well as a pedestrian system within the development. The system may, but need not, follow the road system. The system shall be a minimum of four feet (4′) wide and constructed in conformance with the Americans with Disabilities Act (ADA).

6.

A landscape plan regarding the required buffer area, common property and common open space shall be prepared and approved by the approving authority. This plan may involve fencing, plantings, appropriate hedgerows, shrubs, trees and other plantings. However, existing wooded areas are not to be relandscaped. Where significant vegetation is to be removed from the required buffer area, a plan providing for replanting trees and shrubbery is required, in order to reestablish a wooded tone and the appearance of open space over time. In all other respects, the plan shall conform to the requirements of Article VI of this Ordinance.

7.

Any design standards or other requirements of this Ordinance not specifically addressed above shall apply. However, in case of conflict between such other design standards or requirements and the standards and requirements of this South Oldwick Residential District, the standards and requirements of this District shall apply.

8.

All documents pertaining to the homeowners' association for the development shall be submitted to and reviewed by the Township Attorney prior to, or as a condition of, final subdivision and/or site plan approval for the development, in order to insure that such documents provide for the assumption by the association of the responsibilities and obligation referred to herein, and of other responsibilities and obligations affected with the public interest, and that no amendment of such documents is permitted with regard to such responsibilities and obligations without the prior consent of the Township. Such homeowners' association documents shall provide for architectural review and an architectural review committee (or similar body) to insure compliance with the provisions of Section 725 E.7.(b). Also, there shall be submitted to and approved by both the approving authority attorney and the Township Attorney easements or deed restrictions (which shall be recorded by applicant as a condition of final approval) giving the Township the right to enforce the requirements of Section 725 C.5., and Section 725 E.5. and 6., regarding common open space, which pertain to insuring that this space and area retain their character without development other than that permitted by these regulations and approved as part of the approving authority final approval for the development.

9.

As to the two affordable housing townhouse dwellings, the developer(s) shall, as a condition of final approval of the development, enter agreement(s) with the Township whereby the developer shall affirmatively market such units for initial purchase and sell the affordable units as qualifying lower income units under regulations applicable to low and moderate income housing promulgated by COAH and under other applicable law. One of such units shall be restricted for purchase by a low income household earning not more than 50% of the housing region's median income and the other of such units shall be restricted for purchase by a low income household earning not more than 80% of the housing region's median income. The affordability controls and other requirements apply, and such two units shall also be deed-restricted for 30 years pursuant to COAH regulations (including those of N.J.A.C. 5:93-9, or successor regulation). Documents in recordable form shall be submitted to the Township, and reviewed and subject to the approval of the Township Attorney, prior to the time of, or as a condition of, final approval for the development, insuring that the initial affirmative marketing of such units is carried out by the developer and that the units remain qualified as lower income units under applicable laws and regulations, for a period of at least 30 years. Pursuant to N.J.A.C. 5:93-9.3, no certificate of occupancy for initial occupancy of such unit shall be issued unless the unit is controlled by appropriate deed restrictions and COAH approved form of mortgage lien.

10.

Development shall be permitted under these South Oldwick Residential District regulations only for a planned residential development application covering the whole of the area constituting the South Oldwick Residential District.

(Ord. 29-2000 § 2, 2000; Ord. No. 07-2014, § 3, 9-9-2014; Ord. No. 09-2019, § VII, 7-9-2019)

A.

Purpose. The purpose of this overlay district is to provide the opportunity for a 100% affordable age-restricted residential development in an undeveloped area south of Oldwick that is consistent with the Township's 2021 Housing Element & Fair Share Plan. The standards applicable to this AR-1 Affordable Residential District Overlay shall supersede all other Township zoning standards, including those applicable to the PM Piedmont District, within this district.

B.

Permitted Principal Uses.

1.

Age-Restricted Apartments.

C.

Permitted Accessory Uses.

1.

Leasing and management areas.

2.

Club rooms, lounges, mail rooms, and similar interior common residential amenities incorporated into a larger building design.

3.

Recreational and open space facilities, including but not limited to, walkways, community gardens, gazebos, etc.

4.

Off-street parking areas.

5.

Trash enclosures.

6.

Generators.

7.

Solar and photovoltaic energy systems in accordance with the standards set forth in § 726.C, as established herein.

8.

Public utilities.

D.

Area, Yard, and Bulk Requirements.

1.

For permitted uses:

E.

Affordable Requirements.

1.

The AR-1 Affordable Residential District Overlay shall have an obligation to deed restrict all units but one, which shall be reserved for an on-site superintendent. The units shall meet the very-low, low-, and moderate-income split required by the Uniform Housing Affordability Controls, however, 13% of the required units shall be reserved for very-low-income households as defined by the Fair Housing Act (30% of the region's median income).

2.

The affordable units shall have a minimum 30-year deed restriction. Any such affordable units shall comply with UHAC, applicable COAH affordable housing regulations, the Fair Housing Act, and other applicable laws. The Township shall have the right to further extend the affordable housing restrictions beyond 30 years.

3.

The units shall meet the modified bedroom distribution permitted for age-restricted developments within UHAC.

4.

The developer/owner shall be responsible for retaining a qualified administrative agent, subject to the reasonable approval of the Township Committee, to oversee the affordable housing units, at the developer/owner's cost and expense.

5.

All necessary steps shall be taken to make the affordable units creditworthy pursuant to applicable law for purposes of addressing the Township's affordable housing obligation.

F.

Other Requirements.

1.

Parking. A minimum of 1.07 parking spaces shall be provided for each unit.

a.

The size of said parking spaces shall comply with Section 613, "Parking Space Size" and parking areas shall comply with the standards set forth in Section 614, "Parking Areas".

2.

Benches shall be located throughout the site along the pedestrian network.

3.

Lighting. Outdoor lighting shall comply with the standards set forth in Section 632, "Lighting".

4.

Landscaping.

a.

Foundation plantings shall be planted along the front building and along/beside primary building access points to provide an attractive visual setting for the development. The plantings shall include species that provide seasonal interest at varying heights to complement and provide pedestrian scale to the proposed architectural design of the building(s). Foundation plantings shall incorporate evergreen shrubs and groups of small trees to provide human scale to the building facades and winter interest.

b.

Parking lot landscaping.

i.

For every 20 surface parking spaces, there shall be one landscape area, which may include the end caps, that is at least 162 square feet.

ii.

The landscape areas shall include trees and/or shrubs.

iii.

Trees shall have minimum caliper of 2.5 inches and shrubs shall be at least 24 inches tall at the time of planting.

c.

Landscaping within sight triangles shall not exceed a mature height of 30 inches.

d.

The landscape plan shall be prepared by a landscape architect certified by the New Jersey Board of Landscape Architects, shall be in compliance with the requirements of this Chapter and all other applicable Township landscaping regulations, including § 631 of the Township Development Regulations Ordinance, and shall be submitted to the approving authority and its professionals. Should any landscaping standards in this section conflict with any other Township landscaping regulations, the standards in this section shall control.

e.

Evergreen trees, installed at a minimum height of six feet, shall be planted along the front property line in a natural staggered pattern to shield the view of the building(s) from Oldwick Road.

5.

Signage. One (1) monument sign shall be permitted for the development subject to the following requirements:

a.

The maximum sign area, excluding the base, shall be 20 square feet.

b.

The maximum sign height shall be five feet.

c.

The sign be setback at least ten feet from any property line.

d.

The sign may be externally illuminated.

6.

Trash.

a.

Trash and recycling receptacles and compactors shall not be visible from any public street and shall be located to the rear or side of the building.

b.

All trash and recycling receptacles and compactors shall be screened by a solid fence or solid decorative masonry wall on three sides and heavy-duty gate closure on the fourth side.

c.

The trash and recycling enclosure and/or compactor shall be surrounded and screened on three sides by a mixture of deciduous and evergreen plant species.

7.

Utilities. All utilities shall be underground.

8.

Stormwater and green infrastructure. All improvements shall comply with applicable stormwater management regulations and green infrastructure shall be used wherever feasible.

G.

Architectural Standards.

1.

Building facades visible from a public or private street shall consist of brick, stone, cast stone, cementitious plank siding or other high-quality material.

2.

Buildings shall avoid long, monotonous, uninterrupted walls or roof planes. Building wall offsets, including projections such as balconies, canopies and recesses, shall be used in order to add architectural interest and variety.

3.

The maximum spacing between building wall offsets shall be 35 feet.

4.

The minimum projection or depth of any individual vertical offset shall not be less than 1½ feet.

5.

Roofline offsets, which include dormers and gables, shall be provided in order to provide architectural interest and variety to the massing of a building and to relieve the effect of a single, long roof. The maximum spacing between roof offsets shall be 45 feet.

6.

The architectural treatment of the front facade shall be continued in its major features around all visibly exposed sides of a building. All sides of a building shall be architecturally designed to be consistent with regard to style, materials, colors, and details.

7.

Gable and hipped roofs shall be used. Both gable and hipped roofs shall provide overhanging eaves on all sides that extend beyond the building wall.

8.

Fenestration shall be architecturally compatible with the style, materials, colors, and details of the building. Windows shall be vertically proportioned.

9.

All entrances to a building shall be defined and articulated by architectural elements such as lintels, pediments, pilasters, columns, porticoes, porches, overhangs, railings, etc.

10.

Heating, ventilating and air-conditioning systems, utility meters and regulators, exhaust pipes and stacks, satellite dishes and other telecommunications receiving devise shall be screened or otherwise specially treated to be, as much as possible, inconspicuous as viewed from the public right-of-way and adjacent properties.

11.

All rooftop mechanical equipment shall be screened from view.

12.

Packaged terminal air-conditioner units within the facade shall blend in with the color of the surrounding facade materials.

13.

Architectural standards will be reviewed in compliance with the applicable provisions of the Township site plan review ordinance. Any deviations from architectural standards shall require design exception relief, but shall not require variance relief.

(Ord. 04-2023 § 1, 2023; Ord. 11-2022 § 2, 2022)

A.

Purpose. The Village/Residential District has been created to recognize small enclaves of development with clusters of older homes on smaller lots.

B.

Permitted Principal Uses.

1.

Detached single-family dwellings.

2.

Township buildings and services.

3.

Houses of worship.

4.

Public and private, non-profit schools.

C.

Accessory Buildings and Uses.

1.

Residential garages/private garages/swimming pools.

2.

A building, (other than a building used for agricultural purposes) to house domesticated animals which are kept solely for the use or pleasure of the residents of the dwelling.

3.

Storage sheds/tool sheds.

4.

Solar and Photovoltaic Energy Systems in accordance with standards set forth in § 726 C, as established herein.

a.

Roof-mounted solar or photovoltaic energy systems.

D.

Conditional Uses. In addition to the standards set forth in this Section, all conditional uses shall meet other applicable design standards as set forth in Article VIII of this Ordinance.

1.

Public utility facilities, except communication towers.

E.

Area, Yard and Bulk Regulations.

1.

For residential uses:

2.

For Township buildings, public utility facilities, houses of worship and schools:

(Ord. 08-2004 § 14, 2004: Ord. 11-2000 (part), 2000)

(Ord. No. 03-2013, § 1, 4-9-2013; Ord. No. 07-2014, § 3, 9-9-2014)

A.

Purpose. The Village/Residential-1 District has been created to recognize the residential neighborhood established by the Glenbrook Final Major Subdivision of 1966 and a number of other residential properties in the immediate vicinity that reflect a general uniformity in size and layout in contrast to the historic development patterns which characterize the Village/Residential District.

B.

Permitted Principal Uses.

1.

Detached single-family dwellings.

2.

Township buildings and services.

3.

Houses of worship.

4.

Public and private, non-profit schools.

C.

Accessory Buildings and Uses.

1.

Residential garages/private garages/swimming pools.

2.

A building, (other than a building used for agricultural purposes) to house domesticated animals which are kept solely for the use or pleasure of the residents of the dwelling.

3.

Storage sheds/tool sheds.

4.

Solar and Photovoltaic Energy Systems in accordance with standards set forth in § 726 C, as established herein.

a.

Roof-mounted solar or photovoltaic energy systems.

D.

Conditional Uses. In addition to the standards set forth in this Section, all conditional uses shall meet other applicable design standards as set forth in Article VIII of this Ordinance.

1.

Public utility facilities, except communication towers.

E.

Area, Yard and Bulk Regulations.

1.

For residential uses:

2.

For Township buildings, public utility facilities, houses of worship and schools:

(Ord. No. 03-2013, § 1, 4-9-2013; Ord. No. 07-2014, § 3, 9-9-2014)

A.

Purpose. The Village Business District is created to identify those few small business districts in the Township located in the older, existing villages. The intent is to locate the zoning districts and to have zoning standards that will protect the balance between businesses and residential uses in proportion to the existing character of these village and hamlets. The policy is to contain the amount of business development to selected areas and to determined intensities of development, in order to maintain the balance of land uses and to minimize traffic congestion. It is intended that these standards be implemented in conjunction with sensitivity to historic and architectural features in order to provide the opportunity to protect the architectural and historic character of the village and hamlets as well. The Village Business Districts are kept small in order to contain the scale of future business uses in relation to the surrounding, small-lot residential uses that make up the remainder of the village and hamlets.

B.

Permitted Principal Uses.

1.

The following business uses, provided they are restricted to the first floor and/or basement areas of the buildings:

a.

Retail sales and service.

b.

Restaurant (excluding a fast-food restaurant).

c.

Business or professional office.

2.

Business uses permitted by subsection B.1 of this Section in second and/or third floor areas of buildings, provided:

a.

The business use is conducted by the same business which is the sole business occupant of the building in question.

b.

The number of vehicle trips to and from the building as a result of the proposed second and third floor use is not likely to exceed the number of vehicle trips to and from the building by more than 20% compared to traffic generated by the use when limited to the first floor and basement areas.

3.

Detached single-family dwelling.

4.

One dwelling unit, in the same building with a permitted business use provided:

a.

The business is being conducted only in the first floor and/or basement of the building;

b.

Such dwelling unit shall have its own means of access separate from any other use in the building.

5.

A second dwelling unit, in the same building with a permitted business use provided:

a.

All requirements set forth in subsections B.4.a. and b of this Section are satisfied;

b.

The second dwelling shall be a rental unit and rented only to a family that is a certified household (very-low, low or a moderate-income) by the Administrative Agent. All families must become a certified household prior to occupancy. The administrative agent will provide affirmative marketing support, household certification, waiting listing services, program documentation support, and compliance monitoring for all units;

c.

The second dwelling shall, for a period of at least 10-years from the date of initial occupancy, be rented only at such rent levels affordable by very-low, low, or moderate-income households as defined pursuant to New Jersey's Fair Housing Act;

d.

There shall be a recorded deed or declaration of covenants and restrictions applying to such second dwelling unit running with the land (whose form has been approved by the Township Attorney): (i) limiting its subsequent rental or sale within the requirements of subsections, 3, 4, and 5 of this Section; and (ii) containing such provisions (including controls or affordability) described in the Tewksbury Township Affordable Housing Ordinance, which shall apply for said period of 10-years;

e.

Any apartment converted with an existing family in place, must have the existing family income certified as a certified household by the administrative agent. If the family is certified, the 10-year period begins based on the date of the income certification letter. In the event, that the existing family is deemed, "not-income eligible," the 10-year deed term period shall be tolled until the existing "non-income eligible" family vacates, and a new certified household occupies the residence. During the interim, the Landlord will be required to annually submit evidence of occupancy via annual lease renewals to the administrative agent, and the Landlord must notify the administrative agent immediately upon notification of vacancy or eviction of the "non-income eligible" family, so that the administrative agent can begin the re-rental process. The effective running time for the 10-year shall begin upon occupation by a certified household. All procedures are more fully explained in Municipal Code 15.12 and the Administrative Agent Operating Manual and Accessory Apartment Manual;

f.

All dwelling unit created under this program shall be deed restricted for a period of at least 10-years from the date of certification of occupancy. This 10-year deed restriction is subjected to tolling and modification if the unit is not occupied by a certified household or if the unit cannot maintain a valid certificate of occupancy. The Township will provide notice of the need for a deed restriction extension and a new deed restriction will be presented to the landlord to cover the extension period. It shall be the responsibility of the owner to pay all recording fees associated with the new deed restriction;

g.

Landlords shall have an affirmative duty to notifying the Administrative Agent of all evictions and vacancies within 5-Business Days of occurrence;

h.

The Administrative Agent is responsible for the preparation and modification of the Affordable Housing Administrative Agent Policies and Procedures Manual and the Accessory Apartment Program Guidelines Appendix. The Township has adopted and incorporated these policies and procedures manuals into its regulatory framework to further clarify and define the role and responsibilities of the Administrative Agent as well as the rules and the procedures to be followed when administering elements of Affordable Housing Ordinance and the overall affordable housing program. These documents shall be controlling in all matters related to this subsection. These supplemental rules, policies and procedures are available for inspection at the Municipal Building during normal business hours.

C.

Permitted Accessory Uses.

1.

One freestanding flag pole is permitted which shall not exceed eighteen (18) feet in height. One flag not exceeding three (3) feet by five (5) feet shall be permitted on the pole.

2.

Off-Street Parking as set forth in Section 721, except that the design of parking lots for more than six vehicles shall be done to minimize the visibility of parked vehicles. The intent is to retain much of the character of these old villages whose development occurred before the advent of the motor vehicle. In order to camouflage parking lots with more than six parking spaces, these parking lots shall be required to be designed so that parked vehicles will be screened from view from streets. This screening may be accomplished by placing the parking lot behind a building, adding landscaping along the street, adding a planting strip around the exposed portions of the parking lot, adding a berm topped with shrubbery in selected locations, constructing brick or stone walls, or such other designs, singly or in combination, to meet this objective. The particular screening method utilized shall be subject to the approval of the Approving Authority.

3.

Solar and Photovoltaic Energy Systems in accordance with standards set forth in § 726 C, as established herein.

a.

Roof-mounted solar or photovoltaic energy systems.

D.

Conditional Uses. None

E.

Area, Yard and Bulk Requirements.

1.

For individual lots:

2.

In the Village Business Districts in Pottersville, Mountainville, the maximum floor area ratio shall be 0.05 and the maximum building coverage, as defined, shall be 5%. In the Village Business District in Oldwick the maximum floor area ratio shall be 0.15 and the maximum building coverage, as defined, shall be 10%.

3.

Where trees with a caliper of more than 18 inches exist on-site, they shall not be cut down or otherwise removed and the location of building and paving improvements shall be designed so that the grading, excavating, and construction does not infringe upon the drip line of the tree, i.e., the circle around the tree extending out from the trunk of the tree to the limit of the foliage, or such greater distance from the drip line as established by expert testimony to reasonably insure the survival and normal health of the tree. The goal is to preserve the many large trees in the village in order to retain established character which they lend to these villages. In the event a tree of this size is diseased by some condition which a certified tree expert advises that the life expectancy of the tree is less than 10 years, the Approving Authority may allow the applicant to remove the tree(s) provided a landscaping plan is submitted and approved as part of site plan review. That landscaping plan shall substitute at least three trees in place of each tree being removed. The replacement trees shall be the same species of the tree being removed unless another species is approved by the Approving Authority. The new trees shall be placed according to the approved site plan and be at least 15 feet in height after planting.

4.

Notwithstanding the other provisions in this Ordinance, lighting of walkways and parking areas in those parts of the "VB" District within the villages of Oldwick, Pottersville and Mountainville shall be limited to low intensity lighting not higher than 18 inches above the ground and to residential type lamp posts not higher than eight (8) feet. See Section 632 Lighting.

(Ord. 17-2004 § 2, 2004; Ord. 08-2004 § 15, 2004: Ord. 11-2000 (part), 2000)

(Ord. No. 07-2014, § 3, 9-9-2014; Ord. No. 09-2019, § VII, 7-9-2019)

A.

Purpose. The Village Office District is created to recognize the development at the intersection of Routes 523 and 517. The policy is to limit the amount of more intense business development in order to maintain the balance of land uses and to minimize traffic congestion.

B.

Permitted Principal Uses.

1.

The following business uses:

a.

Business or professional office;

b.

Banks and finance and insurance;

c.

Post offices.

C.

Permitted Accessory Uses.

1.

One freestanding flag pole is permitted which shall not exceed eighteen (18) feet in height. One flag not exceeding three (3) feet by five (5) feet shall be permitted on the pole.

2.

Off-Street Parking as set forth in Section 721, except that the design of parking lots for more than six vehicles shall be done to minimize the visibility of parked vehicles. In order to camouflage parking lots with more than six parking spaces, these parking lots shall be required to be designed so that parked vehicles will be screened from view from streets. This screening may be accomplished by placing the parking lot behind a building, adding landscaping along the street, adding a planting strip around the exposed portions of the parking lot, adding a berm topped with shrubbery in selected locations, constructing brick or stone walls, or such other designs, singly or in combination, to meet this objective. The particular screening method utilized shall be subject to the approval of the Approving Authority.

3.

Solar and Photovoltaic Energy Systems in accordance with standards set forth in § 726 C, as established herein.

a.

Roof-mounted solar or photovoltaic energy systems.

D.

Conditional Uses. None

E.

Area, Yard and Bulk Requirements.

1.

For individual lots:

(Ord. 08-2004 § 16, 2004; Ord. 17-2004 § 3, 2004; Ord. No. 07-2014, § 3, 9-9-2014)

A.

Purpose. This district is established to keep the more intense uses around the Route 78 interchange. It is located to include an existing office, to provide access from the major highway system, and to have a major portion of this zone be in proximity to regional water and sewer systems. The intent of the district is to prevent major job centers from expanding north of this area and to provide standards that will result in low intensity office operations designed for compatibility with the rural, low density characteristics of the area.

B.

Permitted Principal Uses.

1.

Business or professional offices.

2.

Research Facilities.

3.

Public Utility Facilities.

4.

Restaurants.

5.

Banks.

C.

Permitted Accessory Uses.

1.

Guard houses and incidental uses customarily associated with the principal use.

2.

Park and recreation uses.

3.

Off-street parking and loading.

4.

Stormwater detention facilities.

5.

Within a building convenience services such as, but not limited to, a gift or necessities shop and bank may be permitted. These convenience services shall not exceed the equivalent of 2 percent of the gross floor area of such building. These services shall be designed for the convenience of the employees and as an integral part of the interior of the building and may be located throughout the building or in one area. No separate structures for retail purposes shall be permitted in this district, including no separate shopping center. No drive-up window services shall be permitted.

6.

No more than three flag poles are permitted on the site. The pole shall not exceed a height of 30 feet and the flag shall not exceed a dimension of five (5) feet by nine (9) feet.

7.

Solar and Photovoltaic Energy Systems in accordance with standards set forth in § 726 C, as established herein.

a.

Roof-mounted solar or photovoltaic energy systems.

b.

Parking lot canopy mounted solar or photovoltaic energy systems for non-residential use.

c.

Ground-mounted solar or photovoltaic energy systems.

D.

Conditional Uses.

1.

Helicopter pads;

2.

Communication towers;

3.

Conference centers.

E.

Area, Yard and Bulk Requirements.

1.

Office and Research Uses

2.

Water and Sewage Treatment Plants in the "RO/MXD" District provided the facility is situated where it can meet the following area, dimensional, and other requirements of this Ordinance, and has access from a street via a paved driveway suitably designed and constructed for access by maintenance and emergency vehicles.

3.

Any lot in the "RO/MXD" District which adjoins a lot in a different zoning district shall provide a minimum buffer area of 100 feet in width along the lot line, except that approved access drives and interior service roads may be within 50 feet of the lot line. This buffer area shall be either left in its natural state or, if the natural state is not heavily treed so as to naturally meet the buffer requirements, the area shall be graded (with berms if appropriate) and planted and maintained with conifers and other trees and shrubs of sufficient height, spacing, alignment and density so as to provide a dense year-round screen. Such buffer area shall be installed in accordance with an approved landscaping plan prepared by a landscape architect submitted as part of the site plan and shall be designed to consider topography, natural vegetation, and soils. The plan shall designate, by location and name, the variety of plants proposed for the site, and the plan shall be in keeping with the rural character of the Township and the architecture of the proposed building. The objective shall be to screen from view, from the direction of all abutting residential neighborhoods, the visibility of parking and loading areas and direct light sources, and to provide aesthetic breaks to avoid an unbroken view of the building itself.

4.

Office and research buildings themselves may be illuminated, but only upon site plan approval by the approving authority. The illumination plan shall give due consideration to the manner of illumination, the number of lights, intensity, angle of lighting, overhead sky glow, general consideration of the rural character to be preserved, and any potential nuisance to nearby neighbors. It is intended that any evening illumination of such a building, excluding normal interior room lights and lights necessary for maintenance crews, will be minimal and not be permitted beyond 10:00 p.m. and that lighting within the parking area will be reduced after 9:00 p.m. in such measures as reducing the intensity of light from each fixture; turning off the high fixtures and using mushroom lights or similar fixtures of low height; or using only half the lights. The method of accomplishing said reduction shall be approved by the approving authority in site plan review. Except to the extent inconsistent with the provisions hereof, provisions regarding lighting in other sections of this Ordinance shall also apply.

(Ord. 11-2000 (part), 2000; Ord. No. 07-2014, § 3, 9-9-2014)

A.

Purpose. The Mining District is created for the purpose of permitting a quarrying operation, as well as affording other uses, such as residences, agriculture and golf courses.

B.

Permitted Principal Uses.

1.

Agriculture.

2.

Quarrying, crushing, and processing of stone, sand, and gravel extracted from the premises.

3.

Township Buildings and Services.

4.

Public Utility Facilities.

5.

Detached Single-family Dwellings.

6.

Private Recreation Club.

C.

Permitted Accessory Uses.

1.

Solar and Photovoltaic Energy Systems in accordance with standards set forth in § 726 C, as established herein.

a.

Roof-mounted solar or photovoltaic energy systems.

b.

Parking lot canopy mounted solar or photovoltaic energy systems for non-residential use.

c.

Ground-mounted solar or photovoltaic energy systems.

D.

Conditional Uses.

1.

Golf Courses (see Section 806).

E.

Area Yard and Bulk Requirements (Principal Permitted Uses).

(1) A buffer strip shall separate the uses permitted by subsection B.2 of this section from any agricultural or residential use within the Mining District and from the boundary line of any district abutting the Mining District. Such buffer strip shall be not less than 500 feet in width and no screening, crushing, or milling operations shall be conducted closer than 500 feet to any agricultural or residential use within the Mining District. Where the location of natural mineral resources requires quarrying and transportation activities to be closer to the boundary line of the Mining District, the buffer strip between such quarrying and transportation operations and the boundary line may be reduced in width, but in no case shall it be less than 250 feet in width. For the purposes of this note, "quarrying" means the blasting and removal of natural mineral resources. Buffer and setback requirements shall be consistent with Chapter 8.30 "Quarry Regulation" of the Code of the Township of Tewksbury, except if there is a High Wall condition as defined in Chapter 8.30, a safety condition, or to facilitate reclamation of the Quarry, the buffer or setback requirement may be reduced to 50 feet in width subject to the review and approval of the Township Engineer.

(Ord. 11-2000 (part), 2000; Ord. 08-2008, 2008; Ord. No. 07-2014, § 3, 9-9-2014)

Fencing shall be permitted as an accessory use in all zoning districts in accordance with the following regulations:

A.

Requirements for all Zoning Districts.

1.

Fences and walls may be placed with the outer face located on the property line.

2.

Finished side. All permitted fences shall be situated on a lot in such a manner that the finished or non-structural side shall face abutting properties.

3.

No fence shall be erected of barbed wire, topped with metal spikes, broken bottles and glass, nor constructed of any material or in any manner which may be dangerous to persons or animals, except such provisions shall not apply to agricultural uses and gardens.

4.

Stormwater Flow. Fences and walls shall be erected to avoid damming or diverting the natural flow of water or shall be integrated into a grading plan that provides for the adequate movement of stormwater.

5.

Limitations on Chain Link. Chain link fences shall only be permitted in conjunction with manufacturing or warehousing operations, mining, communication towers, public recreational facilities, governmental uses and as excepted in subsections B.1.a, B.1.c and B.2 of this Section. Landscaping may be required in conjunction with such fencing.

6.

A permit shall be obtained from the Tewksbury Township Zoning Officer for the installation or replacement of all fences prior to the performance of any installation or replacement of any such fence.

7.

Height of fences shall be measured from the finished grade of the property to the top of fence. No berms or mounding techniques shall be used in calculating fence height.

B.

Residential Districts. The following regulations shall apply to fences and walls in residential districts on lots whose principal use in residential dwellings:

1.

On any lot in any district, no wall or fence shall be erected or altered so that said wall or fence shall be over four (4) feet in height in front yard areas and six (6) feet in height anywhere else on the lot except:

a.

A dog run may have fencing a maximum of seven (7) feet in height provided such use is located in rear yard areas only and is set back from any lot line at least fifteen (15) feet. Chain link fence may be used.

b.

A deer protection fence consisting of a fence material which shall be an open type wire grid so as to minimize the fence's visual impact on surrounding properties, to a maximum height of eight (8) feet, shall be permitted in all yard areas.

c.

A tennis court area, located in rear yard areas only, may be surrounded by a fence a maximum of fifteen (15) feet in height; said fence shall be set back from any lot line the distance(s) required for accessory buildings in the applicable zoning district. Chain link fence may be used.

d.

No fence shall exceed five (5) feet in height in a rear yard of a reverse frontage lot.

e.

On lots of at least three acres, entrance gates may be a maximum of twelve (12) feet in height provided its length of the gate does not exceed forty (40) lineal feet.

f.

Gates and pillars shall be permitted, not to exceed eight (8) feet in height and located only at the main entry drive to any residential property. If located on a designated scenic road, the design of such gates and pillars shall be subject to the review and approval of the Scenic Roads Commission.

2.

A private residential swimming pool area shall be surrounded by a fence at least four (4) feet, but no more than six (6) feet in height. Chain link fence may be used.

C.

Nonresidential Districts. The following regulations shall apply to fences and walls in non-residential districts:

1.

Height. Fences shall be limited to eight (8) feet in height. Walls shall be limited to six (6) feet in height.

2.

Landscape Plan. Fencing and walls for all uses requiring site plan approval shall be reviewed within the overall context of a landscape plan that considers the function and aesthetic quality of the fencing or wall.

D.

Special Requirements for Uses in Historic Districts or Historic Landmarks.

E.

The following are not permitted or not considered a fence except where otherwise noted:

1.

Barriers constructed of chain link;

2.

Barriers less than 40 feet in length exclusive of gates; and

3.

Barriers which contain pillars or posts which are not repeated at least every 10 feet along the length of the barrier.

(Ord. 14-2007 (part), 2007; Ord. 11-2000 (part), 2000)

A.

A sign may be used to advertise a use, or the goods and services offered by that use, provided the sign is located on the same lot as the use.

A temporary sign is a sign, poster, advertisement, bill, placard or banner which will remain in place only on a temporary, short-term basis.

B.

Temporary Signs.

1.

A temporary sign advertising the sale or rental of a property may be used on the lot advertised, only until the property is rented or sold. The area of the sign shall not exceed six (6) square feet for residential lots and eighteen (18) square feet for non-residential lots.

2.

A temporary sign advertising a major subdivision or other development may be placed on the site being developed. The sign shall not exceed twenty (20) square feet. The sign shall be removed prior to seventy-five (75) percent occupancy of any development.

3.

A temporary sign advertising the name of a construction firm, architect, mechanic, or craftsman may be placed on a premises during the period of the work. Such sign shall be removed upon completion of the work. Not more than one such sign shall be permitted on the lot at one time. However, the names of more than one firm or individual may be combined on a single sign. The sign shall not exceed six (6) square feet.

4.

If the temporary sign is placed on public property, it should be the responsibility of the person, agency, organization, company, or group whose name appears on such temporary sign or for whose benefit such sign was placed to remove the sign within the aforementioned period.

C.

The following signs shall be permitted in all districts:

1.

Official traffic direction or caution signs.

2.

Street number designations.

3.

Postal boxes.

4.

Names of residences, which shall not exceed two (2) square feet in area.

5.

On-site directional and traffic safety signs, which shall be subject to site plan approval.

6.

Signs designating property as farmland preserved, open space preserved or green acres pursuant to an approved governmental program.

7.

Signs posting property as "private property," "no hunting," or for similar purposes.

8.

Temporary signs announcing activities or events sponsored by charitable, religious, civic, or government organizations or agencies, which shall not exceed eighteen (18) square feet in size, nor be left standing for a longer period of time than thirty (30) days prior to the scheduled start date of the event and one (1) day after completion of the event.

D.

A sign shall have not more than two display surfaces, sides, or faces, placed parallel to each other, back to back. No sign constructed of more than two surfaces shall be permitted.

E.

All signs shall have the following maximum area on each surface, side, or face. Signs on a property may advertise only the name or type business being conducted and/or the services or products made or sold from that premises.

1.

Signs indicating the names of residences: two (2) square feet.

2.

Farm sign, temporary real estate, and construction signs: 6 square feet.

3.

Farmland preservation signs: maximum to be supplied by the New Jersey State Agricultural Development Committee (SADC) or the New Jersey Department of Environmental Protection (NJDEP), as applicable.

4.

Temporary signs: 18 square feet.

5.

Retail, commercial and business uses in the "VB" District:

a.

One (1) wall sign shall be permitted for each business. The size of the sign shall not exceed the smaller of either six (6) square feet or an area equal to 5 percent of the wall area devoted to that business for the wall on which it is placed. The wall area used for calculation purposes shall not exceed the first two stories of the building and shall include the window and door area within these two stories. The area of the sign shall include the area noted in "b." below. Said sign shall be either attached flat against the wall or a projecting sign, but not projecting more than three (3) feet.

b.

For retail uses, limited use of windows and doors may be permitted for signs, but such sign area shall be considered part of the six (6) square feet of sign area allowed in subsection E.3.a of this section. Such window or door signs shall be limited to announcements of special sales, acceptable credit cards, the name of the business, or special products sold provided the total area of these signs does not exceed 15 percent of the glass area of any one door. Said window and door signs shall be considered "sign area" whether used permanently, occasionally, or where the content of the signs changes on a regular basis but some sign or other is usually present.

c.

In any building containing four or more separate businesses, a directory sign, which shall be one non-flashing and non-rotating ground sign, shall be permitted for announcing each of the tenants in addition to the signs noted in subsection E.3.a of this section. Its area shall not exceed 6 square feet and its height shall not exceed 12 feet.

6.

Research and office uses in the "RO/MXD" District:

One non-flashing and non-rotating, free standing sign shall be permitted. The area of the free standing sign shall not exceed forty (40) square feet and its height shall not exceed twelve (12) feet.

7.

Sign area shall include all lettering, wording, coloring, and accompanying designs and symbols, together with the background, whether open or enclosed, but not including any supporting framework and bracing incidental to the display itself. A free standing sign with two exposures shall have a total sign area consisting of the area of one side of the sign, but both sides may be used.

F.

No signs may be illuminated except one display sign in non-residential zoning districts. Lighted signs shall be illuminated only during business hours and only to the extent necessary for readability and shall be turned off by the close of business or 10 p.m. No neon, flashing, or glaring sign shall be permitted in any district.

G.

Illuminated signs, where permitted, shall be so arranged as to reflect the light and glare away from adjoining premises and away from adjoining highways. No sign with red, green, or blue illumination in a beam, beacon, or flashing form resembling an emergency light shall be erected in any location where it may be confused with a railroad, traffic control, or emergency signal. Illuminated signs shall comply with the National Electric Code or applicable state law. All exterior lighted signs shall be lighted either from the interior behind translucent material or from the bottom with said lights shielded from residences and from streets or other rights-of-way carrying vehicular traffic and with the light source angled no closer to the horizontal than two vertical to one horizontal.

H.

Height. No free standing sign or attached sign shall exceed the maximum height permitted in the district in which it is located. No sign shall exceed any lesser height if specified elsewhere in this Ordinance. No attached sign shall be higher at any point than the roof line of the building. No attached sign shall project into or hang over a street right-of-way and no sign shall project beyond a building in a manner placing it above an area traversed by motor vehicles such as, but not limited to, driveways and parking areas. Where signs project beyond a building facade or wall over a pedestrian way, the lowest portion of the sign shall be at least 8 feet above the walkway.

I.

Maintenance. Signs must be constructed of durable material, maintained in good condition, and not allowed to become dilapidated.

J.

Signs to be placed within protected area of limited access and non-limited access highways must conform to the requirements governing outdoor advertising on limited access and those non-limited access highways on the Federal Aid Primary System promulgated under N.J.S.A. 27:7A-11 et seq. Any sign to be placed within such areas shall be by permit from the New Jersey Commissioner of Transportation.

K.

Sign Permit Required. A permit is required to be obtained for any sign under Subparagraphs 5, 6 and 7 of Section E, prior to installation, from the Zoning Officer.

L.

Off-tract or off-premises signs are prohibited.

(Ord. 01-2020, § 1, 5-12-2020; Ord. 09-16 §§ 1—4, 9-13-2016; Ord. 22-2005 §§ 1—3, 2005; Ord. 20-2002 § 10, 2002; Ord. 11-2000 (part), 2000)

A.

An adequate number of on-street and off-street parking spaces shall be required in all developments to accommodate residents and visitors. For projects containing dwelling units required by the New Jersey Uniform Construction Code's Barrier Free Subcode (N.J.A.C. 5:23-7) to be accessible, accessible parking spaces for people with disabilities shall be provided in accordance with the requirements of the Barrier Free Subcode and shall be considered part of the total number of required spaces.

B.

For residential developments, off-street parking space shall be provided, as set forth in Table 6.6 below. If applicant does not specify the number of bedrooms per unit, note "3" for each category in Table 6.6 shall apply for the parking requirement.

C.

For non-residential developments, off street parking space shall be provided.

D.

Alternative parking standards to those shown in Table 6.6 shall be accepted if the applicant demonstrates these standards better reflect local conditions. Factors affecting minimum number of parking spaces include household characteristics, availability of mass transit, urban versus suburban location, and available off-site parking resources.

Table 6.6

Parking Requirements

for Residential Land Uses⁽¹⁾

(1) When determination of the required number of parking spaces results in a fractional space for the entire development, any fraction of one-half or less may be disregarded, while a fraction in excess of one-half shall be counted as one parking space.

(2) Requirements for attached units (apartment/condominium/townhouse) include provisions for guest parking. Guest parking shall not be concentrated in any one parking area but shall be distributed so as to provide easy access to the affordable rental residences.

(3) If applicant does not specify the number of bedrooms per unit, this off-street parking requirement shall apply.

Source:

Modified and adapted from U.S. Department of Commerce, Bureau of the Census, Public Use File—New Jersey (cross-tabulation of vehicles by housing unit for units constructed 1975 to 1980).

Table 6.7

Off-Street Parking Space Requirements

for Nonresidential Land Uses

Notes:

GFA = Gross floor area

GLA = Gross leasable area

E.

A one-car garage and driveway combination shall count as 2.0 off-street parking spaces, provided the driveway measures a minimum of 18 feet in length between the face of the garage door and the right-of-way. A two-car garage and driveway combination shall count as 3.5 off-street parking spaces, provided a minimum parking area width of 20 feet is provided for a minimum length of 18 feet as specified for a one-car garage and driveway combination.

F.

When housing is included in mixed-use development, a shared parking approach to the provision of parking shall be permitted.

G.

When, in the judgment of the local approving authority, on-street parking is available, then only that proportion of the parking requirement which is not available on the street shall be provided in off-street parking facilities. A length of 23 feet per on-street parking space shall be used in calculating the number of available on-street parking spaces.

(Ord. 11-2000 (part), 2000)

Table 6.7
Off-Street Parking
Space Requirements
for Nonresidential Land Uses

Notes:

GFA = Gross floor area

GLA = Gross leasable area

(Ord. 20-2002 § 11, 2002)

1.

All parking spaces with EVSE and Make-Ready equipment shall be included in the calculation of minimum required parking spaces under this chapter.

2.

A parking space prepared with EVSE or Make-Ready equipment shall count as at least two parking spaces for the purpose of complying with a minimum parking space requirement. This shall result in a reduction of no more than 10 percent of the total required parking.

3.

All parking space calculations for EVSE and Make-Ready equipment shall be rounded up to the next full parking space.

4.

Additional installation of EVSE and Make-Ready Parking Spaces above what is required may be encouraged, but shall not be required in development projects.

(Ord. 08-2021 § 4, 2021)

A.

Off-street loading shall be required for every retail, industrial, institutional and governmental use for the loading and unloading of material or merchandise. Office uses in excess of 20,000 gross square feet in either a single building or in a combination of buildings as part of an office park shall also be required to provide off-street loading. Off-street loading shall be as required:

1.

Retail uses of 5,000 square feet or less shall provide one loading space 12′ x 35′. Retail uses singularly or in combination shall provide one loading space 15′ x 60′ for each 25,000 square feet up to 100,000 square feet, plus one space for each additional 100,000 square feet up to 500,000 square feet, plus one additional space for each 250,000 square feet thereafter.

2.

Industrial uses shall provide one loading space 15′ × 60′ for each 20,000 square feet or part thereof.

3.

Institutional uses shall provide one loading space 15′ × 60′ for each 50,000 square feet or part thereof.

4.

Governmental uses shall provide one loading space 12′ × 35′ for each 100,000 square feet or part thereof.

5.

Office uses greater than 20,000 square feet shall provide one loading space 12′ × 35′ for each 50,000 square feet or part thereof.

B.

Additional loading spaces may be necessary and required dependent upon the specific activity.

(Ord. 11-2000 (part), 2000)

Repealed by Ordinance 08-2004.

(Ord. 08-2004 § 17 (part), 2004)

A.

Residential cluster development is a land development technique permitted in the Highlands, Lamington, Farmland Preservation and Piedmont Districts, in order to provide permanent open space for the enjoyment of present and future generations; to protect natural resources and qualities; to provide for flexibility of residential design and for a variety and choice of housing; to reduce the cost of residential development; and to preserve and to encourage agriculture, to foster farmland preservation, and to preserve unfragmented forests, provided that the cluster development shall not have an unreasonably adverse impact upon its environs.

B.

Cluster Design Requirements.

* See Section 706 Exceptions, F. Existing Undersized Lots.

C.

A residential cluster development shall be in accordance with the following additional standards and provided the tract area is at least 35 acres in the Highlands Zone, 28 acres in the Lamington Zone, 19 acres in the Farmland Preservation Zone, and 17 acres in the Piedmont Zone, each lot (other than common or public open space), is principally used for one detached single-family dwelling with access to a new interior street with no driveways exiting onto existing streets, and the cluster design will generate open space as set forth in this Ordinance.

1.

All common or public open space lots shall have an area of at least five (5) acres, shall have a minimum dimension in any direction of two hundred (200) feet and shall have reasonable access strip of at least thirty-five (35) feet in width with frontage on a street.

2.

At least fifty percent of all common or public open space lots shall not be critical areas, including buffers from streams and wetlands.

3.

Common or public open space or deed-restricted land shall be lands set aside adjacent to the existing street (to the extent possible) to preserve unfragmented forests, farmland and to maintain the rural character and shall meet one or more of the following criteria:

a.

Viewsheds;

b.

Mature upland forest;

c.

Stream corridor;

d.

Active farms;

e.

Archaeological/historic sites and structures;

f.

Steep/critical slopes;

g.

Habitat for threatened or endangered species;

h.

Headwaters.

4.

The common or public open spaces set aside shall either be: 1) dedicated to the Township (at no cost) with the Township deciding its acceptability and having the option of whether or not to accept the open space; or 2) placed under the jurisdiction of a Homeowners Association duly organized pursuant to N.J.S.A. 40:55D-43 for the ownership and maintenance of the open space.

5.

All lots, including common or public open spaces, on the approved subdivision shall have a deed restriction placed on each lot to prevent further subdivision.

6.

All lots for proposed residences shall meet the Required Improvable Area (RIA) requirements of the ordinance.

7.

Lands for recreation purposes shall be improved by the developer, and such improvement may include equipment, walkways, structures and landscaping.

8.

A management plan for common open space shall be prepared by the developer, describing a maintenance program for the open space, any agricultural lands and any forested lands.

9.

Such lands shall be designed, improved, and located to best suit the purpose(s) for which they are intended.

10.

Every parcel dedicated to and accepted by the Township shall be conveyed prior to the signing of the final plat.

D.

Concurrence of Governing Body. A copy of the proposal to dedicate land to the Township shall be transmitted to the governing body. The acceptability of the land shall be subject to the approval of the Approving Authority and the governing body. Both shall be guided by the Master Plan, the ability to assemble and relate such lands to an overall plan, the accessibility and potential utility of such existing features as topography, soils, wetlands, and tree cover, as these features may enhance or detract from the intended use of the land.

(Ord. 02-2007 § 6, 2007; Ord. 17-2004 § 4 (part), 2004; Ord. 08-2004 § 17 (part), 2004)

A.

Lot size averaging development is a land development technique permitted in the Highlands, Lamington, Farmland Preservation and Piedmont Districts, in order to preserve the rural character; to protect natural resources and qualities; to provide for flexibility of residential design and for a variety and choice of housing; to reduce the cost of residential development; and to preserve and to encourage agriculture, to foster farmland preservation, and to preserve unfragmented forests, provided that the lot size averaged development shall not have an unreasonably adverse impact upon its environs.

B.

Lot Size Averaging.

a.

All lots created shall satisfy the Required Improvable Area (RIA) requirements of the ordinance.

(Ord. 17-2004 § 4 (part), 2004; Ord. 08-2004 § 17 (part), 2004)

A.

This option is intended to promote agricultural preservation in the Highlands, Lamington, Farmland Preservation and Piedmont Zone Districts by allowing farmers and other landowners the ability to create minor subdivisions with up to two smaller lots, and deed-restricted farmland for agricultural uses and a farmstead.

B.

Requirements.

1.

Not more than the creation of three (3) lots, including the remainder of the original lot.

2.

The smaller lots shall be a minimum of three (3) acres in size and comply with the following area yard and bulk standards:

3.

The smaller lots shall meet the Required Improvable Area (RIA) requirements of the ordinance.

4.

At least 75% of the tract shall be designated as "open lands" and shall, as a condition of approval, be deed-restricted for agricultural use. Lots qualifying as open lands shall be permitted a primary residence and other accessory buildings and conditional uses as provided in this chapter.

5.

At least 65% of designated open lands shall be non-critical areas and prime agricultural soils, soils of Statewide importance, or tillable soils.

6.

Minimum open lands lot area shall be 10 acres.

7.

For tracts of 100 acres or less, the open lands shall be contained in one deed-restricted contiguous parcel; for tracts of larger than 100 acres, the open lands may be composed of noncontiguous parcels, provided that each open lands area shall contain at least 50 contiguous acres.

8.

The applicant is strongly encouraged to submit a concept plan of the open lands subdivision plan to the Planning Board for review and comment, prior to filing an application.

9.

The design of the development utilizing this option shall foster the following objectives: retention of large contiguous farmland areas; stream corridor and wetlands preservation; steep slope protection; overall site design; reduction of impervious coverage; traffic circulation; and the site's natural features, topography and relationship to open lands on neighboring parcels.

C.

Agricultural Deed Restriction. For purposes of complying with the requirements of this chapter, any requirement imposing an agricultural deed restriction or a deed restriction for agricultural purposes or uses means that the landowner shall deed restrict his/her land in accordance with the following requirements:

1.

The deed restriction is in perpetuity and binds the landowner, and his/her heirs, personal representatives, successors, and assigns.

2.

Only agricultural use and production is permitted on the deed-restricted lands. Agricultural use shall mean the use of deed-restricted lands for common farmsite activities, including but not limited to production, harvesting, storage, grading, packaging, processing and the wholesale and retail marketing of crops, plants, animals and other related commodities and the use and application of techniques and methods of soil preparation and management, fertilization, weed, disease and pest control, disposal of farm waste, irrigation, drainage and water management and grazing.

3.

All nonagricultural uses, if any, existing on this deed-restricted land may be continued and any structure may be restored or repaired in the event of partial destruction thereof, subject to the following:

a.

No new structures or the expansion of preexisting structures for nonagricultural use are permitted;

b.

No change of the preexisting nonagricultural use is permitted;

c.

No expansion of the preexisting nonagricultural use is permitted; and

d.

In the event that the preexisting nonagricultural use is abandoned, its use is extinguished.

4.

No sand, gravel, loam, rock other minerals shall be deposited on or removed from the deed-restricted lands, except only those materials required for the agricultural purposes for which it is used.

5.

No dumping or placing of trash or waste materials shall be permitted on the deed-restricted lands.

6.

No activity shall be permitted on the deed-restricted lands which would be detrimental to drainage, flood control, water conservation, erosion control, or soil conservation, nor shall any other activity be permitted which would be detrimental to the continued agricultural use of the deed-restricted lands.

7.

A landowner may use the deed-restricted lands to derive income from certain recreational activities, such as hunting, fishing, cross-country skiing and ecological tours, only if such activities do not interfere with the actual use of the deed-restricted lands for agricultural production and that the activities only utilize the deed-restricted lands in its existing condition.

8.

A landowner may use, maintain and improve existing buildings on the deed-restricted lands for agricultural, residential and recreational uses subject to the following conditions:

a.

Improvements to agricultural buildings shall be consistent with agricultural uses;

b.

Improvements to recreational buildings shall be consistent with agricultural or recreational uses.

9.

A landowner may construct any new buildings for agricultural purposes. The construction of any new buildings for residential uses, regardless of its purpose, shall be prohibited, except as follows:

a.

To provide structures for housing of agricultural labor employed on the property, but only with the approval of the entity holding the deed restriction;

b.

To construct a single-family residential building anywhere on the property in order to replace any single-family residential building in existence at the time of the deed restriction, but only with the approval of the entity holding the deed restriction.

10.

The deed restriction shall be enforceable by the Tewksbury Township through its duly appointed zoning and planning enforcement official.

11.

It is the intention of this chapter that the agricultural deed restriction be substantially in the form utilized in the New Jersey Agricultural Retention and Development Program. Consequently, the agricultural deed restriction shall be modified and augmented as required to follow the form utilized by such program. In any event, the deed restriction shall be in recordable form and shall be submitted to and approved by the Township Attorney as a condition of the involved development approval.

(Ord. 17-2004 §§ 4 (part), 5, 6, 2004; Ord. 08-2004 § 17 (part), 2004)

A.

Scope and Administration.

1.

Title. These regulations, in combination with the flood provisions of the Uniform Construction Code (UCC) N.J.A.C. 5:23 (hereinafter "Uniform Construction Code,"), consisting of the Building Code, Residential Code, Rehabilitation Subcode, and related codes, and the New Jersey Flood Hazard Area Control Act (hereinafter "FHACA"), N.J.A.C. 7:13, shall be known as the Floodplain Management Regulations of the Township of Tewksbury (hereinafter "this Section").

2.

Scope. This Section, in combination with the flood provisions of the Uniform Construction Code and FHACA shall apply to all proposed development in flood hazard areas established in subsection B, below.

3.

Purposes and objectives. The purposes and objectives of this Section are to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific flood hazard areas through the establishment of comprehensive regulations for management of flood hazard areas, designed to:

a.

Protect human life and health.

b.

Prevent unnecessary disruption of commerce, access, and public service during times of flooding.

c.

Manage the alteration of natural floodplains, stream channels and shorelines.

d.

Manage filling, grading, dredging and other development which may increase flood damage or erosion potential.

e.

Prevent or regulate the construction of flood barriers which will divert floodwater or increase flood hazards.

f.

Contribute to improved construction techniques in the floodplain.

g.

Minimize damage to public and private facilities and utilities.

h.

Help maintain a stable tax base by providing for the sound use and development of flood hazard areas.

i.

Minimize the need for rescue and relief efforts associated with flooding.

j.

Ensure that property owners, occupants, and potential owners are aware of property located in flood hazard areas.

k.

Minimize the need for future expenditure of public funds for flood control projects and response to and recovery from flood events.

l.

Meet the requirements of the National Flood Insurance Program for community participation set forth in Title 44 Code of Federal Regulations, Section 59.22.

4.

Coordination with Building Codes. Pursuant to the requirement established in N.J.A.C. 5:23, the Uniform Construction Code, that the Township administer and enforce the State building codes, the Township Committee does hereby acknowledge that the Uniform Construction Code contains certain provisions that apply to the design and construction of buildings and structures in flood hazard areas. Therefore, this Section is intended to be administered and enforced in conjunction with the Uniform Construction Code.

5.

Ordinary Building Maintenance and Minor Work. Improvements defined as ordinary building maintenance and minor work projects by the Uniform Construction Code including non-structural replacement-in-kind of windows, doors, cabinets, plumbing fixtures, decks, walls, partitions, new flooring materials, roofing, etc., shall be evaluated by the Floodplain Administrator through the floodplain development permit to ensure compliance with the Substantial Damage and Substantial Improvement subsection C.12 of this ordinance.

6.

Warning. The degree of flood protection required by this Section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur. Flood heights may be increased by man-made or natural causes. Enforcement of this Section does not imply that land outside the special flood hazard areas, or that uses permitted within such flood hazard areas, will be free from flooding or flood damage.

7.

Other laws. The provisions of this Section shall not be deemed to nullify any provisions of local, State, or Federal law.

8.

Violations and Penalties for Noncompliance. No structure or land shall hereafter be constructed, re-located to, extended, converted, or altered without full compliance with the terms of this ordinance and other applicable regulations. Violation of the provisions of this ordinance by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a violation under N.J.S.A. 40:49-5. Any person who violates this ordinance or fails to comply with any of its requirements shall be subject to one (1) or more of the following: a fine of not more than $2,000, imprisonment for a term not exceeding ninety (90) days or a period of community service not exceeding 90 days. Each day in which a violation of an ordinance exists shall be considered to be a separate and distinct violation subject to the imposition of a separate penalty for each day of the violation as the Court may determine except that the owner will be afforded the opportunity to cure or abate the condition during a 30-day period and shall be afforded the opportunity for a hearing before the court for an independent determination concerning the violation. Subsequent to the expiration of the 30-day period, a fine greater than $2,000 may be imposed if the court has not determined otherwise, or if upon reinspection of the property, it is determined that the abatement has not been substantially completed. Any person who is convicted of violating an ordinance within one year of the date of a previous violation of the same ordinance and who was fined for the previous violation, shall be sentenced by a court to an additional fine as a repeat offender. The additional fine imposed by the court upon a person for a repeated offense shall not be less than the minimum or exceed the maximum fine fixed for a violation of the ordinance but shall be calculated separately from the fine imposed for the violation of the ordinance.

9.

Solid Waste Disposal in a Flood Hazard Area. Any person who has unlawfully disposed of solid waste in a floodway or floodplain or who fails to comply with this ordinance or fails to comply with any of its requirements shall upon conviction thereof be fined not less than $2,500 or up to a maximum penalty by a fine not exceeding $10,000 under N.J.S.A. 40:49-5.

10.

Abrogation and greater restrictions. This Section shall supersede any ordinance in effect in flood hazard areas. However, this Section is not intended to repeal or abrogate any existing ordinances including land development regulations, subdivision regulations, zoning ordinances, stormwater management regulations, or building codes. In the event of a conflict between this Section and any other ordinance, code, or regulation, the more restrictive shall govern.

B.

Applicability.

1.

General. This Section, in conjunction with the Uniform Construction Code, provide minimum requirements for development located in flood hazard areas, including the subdivision of land and other developments; site improvements and installation of utilities; placement and replacement of manufactured homes; placement of recreational vehicles; new construction and alterations, repair, reconstruction, rehabilitation or additions of existing buildings and structures; substantial improvement of existing buildings and structures, including repair of substantial damage; installation of tanks; temporary structures and temporary or permanent storage; utility and miscellaneous Group U buildings and structures; and certain building work exempt from permit under the Uniform Construction Code; and other buildings and development activities.

2.

Establishment of Flood Hazard Areas. The Township was accepted for participation in the National Flood Insurance Program on April 15, 1982. The National Flood Insurance Program (NFIP) floodplain management regulations encourage that all Federal, State, and Local regulations that are more stringent than the minimum NFIP standards take precedence in permitting decisions. The FHACA requires that the effective Flood Insurance Rate Map, most recent preliminary FEMA mapping and flood studies, and Department delineations be compared to determine the most restrictive mapping. The FHACA also regulates unstudied flood hazard areas in watersheds measuring 50 acres or greater in size and most riparian zones in New Jersey. Because of these higher standards, the regulated flood hazard area in New Jersey may be more expansive and more restrictive than the FEMA Special Flood Hazard Area. Maps and studies that establish flood hazard areas are on file at the Township in the office of the Land Use Administrator, 169 Old Turnpike Road, Califon, New Jersey 07830.

3.

The following sources identify flood hazard areas in this jurisdiction and must be considered when determining the Best Available Flood Hazard Data Area:

a.

Effective Flood Insurance Study. Special Flood Hazard Areas (SFHAs) identified by the Federal Emergency Management Agency in a scientific and engineering report entitled "Flood Insurance Study, Hunterdon County, New Jersey (All Jurisdictions)" dated May 2, 2012 and the accompanying Flood Insurance Rate Maps (FIRM) identified in Table 1 whose effective date is September 25, 2009 are hereby adopted by reference.

Table 1

b.

Federal Best Available Information. The Township shall utilize Federal flood information as listed in the table below that provides more detailed hazard information, higher flood elevations, larger flood hazard areas, and results in more restrictive regulations. This information may include, but is not limited to, preliminary flood elevation guidance from FEMA (such as Advisory Flood Hazard Area Maps, Work Maps or Preliminary FIS and FIRM). Additional Federal Best Available studies issued after the date of this ordinance must also be considered. These studies are listed on FEMA's Map Service Center. This information shall be used for floodplain regulation purposes only.

Table 2

c.

Other Best Available Data. The Township shall utilize high water elevations from flood events, groundwater flooding areas, studies by federal or state agencies, or other information deemed appropriate by the Township. Other "best available information" may not be used which results in less restrictive flood elevations, design standards, or smaller flood hazard areas than the sources described in subsections B.3.a. and B.3.b., above. This information shall be used for floodplain regulation purposes only.

d.

State Regulated Flood Hazard Areas. For State regulated waters, the NJ Department of Environmental Protection (NJDEP) identifies the flood hazard area as the land, and the space above that land, which lies below the "Flood Hazard Area Control Act Design Flood Elevation", as defined in subsection I, and as described in the New Jersey Flood Hazard Area Control Act at N.J.A.C. 7:13. A FHACA flood hazard area exists along every regulated water that has a drainage area of 50 acres or greater. Such area may extend beyond the boundaries of the Special Flood Hazard Areas (SFHAs) as identified by FEMA. The following is a list of New Jersey State studied waters in this community under the FHACA, and their respective map identification numbers.

Table 3—List of State Studied Waters

4.

Establishing the Local Design Flood Elevation (LDFE). The Local Design Flood Elevation (LDFE) is established in the flood hazard areas determined in subsections B.2 and B.3, above, using the best available flood hazard data sources, and the Flood Hazard Area Control Act minimum Statewide elevation requirements for lowest floors in A, Coastal A, and V zones, ASCE 24 requirements for critical facilities as specified by the building code, plus additional freeboard as specified in this Section. At a minimum, the Local Design Flood Elevation shall be as follows:

a.

For a delineated watercourse, the elevation associated with the Best Available Flood Hazard Data Area determined in subsections B.2 and B.3, above plus one foot or as described by N.J.A.C. 7:13 of freeboard; or

b.

For any undelineated watercourse (where mapping or studies described in subsections B.3.a. and B.3.b. above are not available) that has a contributory drainage area of 50 acres or more, the applicants must provide one of the following to determine the Local Design Flood Elevation:

i.

A copy of an unexpired NJDEP Flood Hazard Area Verification plus one foot of freeboard and any additional freeboard as required by ASCE 24; or

ii.

A determination of the Flood Hazard Area Design Flood Elevation using Method 5 or Method 6 (as described in N.J.A.C. 7:13) plus one foot of freeboard and any additional freeboard as required by ASCE 24. Any determination using these methods must be sealed and submitted according to subsections E.3 and E.5.

c.

AO Zones. For Zone AO areas on the municipality's FIRM (or on preliminary flood elevation guidance from FEMA), the Local Design Flood Elevation is determined from the FIRM panel as the highest adjacent grade plus the depth number specified plus one foot of freeboard. If no depth number is specified, the Local Design Flood Elevation is three (3) feet above the highest adjacent grade.

d.

Class IV Critical Facilities. For any proposed development of new and substantially improved Flood Design Class IV Critical Facilities, the Local Design Flood Elevation must be the higher of the 0.2% annual chance (500 year) flood elevation or the Flood Hazard Area Design Flood Elevation with an additional 2 feet of freeboard in accordance with ASCE 24.

e.

Class III Critical Facilities. For proposed development of new and substantially improved Flood Design Class III Critical Facilities in coastal high hazard areas, the Local Design Flood Elevation must be the higher of the 0.2% annual chance (500 year) flood elevation or the Flood Hazard Area Design Flood Elevation with an additional 1 foot of freeboard in accordance with ASCE 24.

C.

Duties and Powers of the Floodplain Administrator.

1.

Floodplain Administrator Designation. The Township Engineer is designated the Floodplain Administrator. The Floodplain Administrator may delegate the performance of certain duties to other Township employees or professionals upon authorization by the Township Administrator.

2.

General. The Floodplain Administrator is authorized and directed to administer the provisions of this Section. The Floodplain Administrator shall have the authority to render interpretations of this Section consistent with the intent and purpose of this this Section and to establish policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be consistent with the intent and purpose of this Section and the flood provisions of the building code and shall not have the effect of waiving specific requirements without the granting of a variance pursuant to subsection G.

3.

Coordination. The Floodplain Administrator shall coordinate with the Construction Official to administer and enforce the flood provisions of the Uniform Construction Code.

4.

Duties. The duties of the Floodplain Administrator shall include, but are not limited to:

a.

Review all permit applications to determine whether proposed development is located in flood hazard areas established in subsection B.

b.

Require development in flood hazard areas to be reasonably safe from flooding and to be designed and constructed with methods, practices and materials that minimize flood damage.

c.

Interpret flood hazard area boundaries and provide available flood elevation and flood hazard information.

d.

Determine whether additional flood hazard data shall be obtained or developed.

e.

Review required certifications and documentation specified by this Section and the building code to determine that such certifications and documentations are complete.

f.

Establish, in coordination with the Construction Official, written procedures for administering and documenting determinations of substantial improvement and substantial damage made pursuant to subsection C.12.

g.

Coordinate with the Construction Official and others to identify and investigate damaged buildings located in flood hazard areas and inform owners of the requirement to obtain permits for repairs.

h.

Review requests submitted to the Construction Official seeking approval to modify the strict application of the flood load and flood resistant construction requirements of the Uniform Construction Code to determine whether such requests require consideration as a variance pursuant to subsection G.

i.

Require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit to FEMA the data and information necessary to maintain the Flood Insurance Rate Maps when the analyses propose to change base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within 6 months of such data becoming available.

j.

Require applicants who propose alteration of a watercourse to notify adjacent jurisdictions and the NJDEP Bureau of Flood Engineering, and to submit copies of such notifications to the Federal Emergency Management Agency (FEMA).

k.

Inspect development in accordance with subsection F and inspect flood hazard areas to determine if development is undertaken without issuance of permits.

l.

Prepare comments and recommendations for consideration when applicants seek variances in accordance with subsection G.

m.

Cite violations in accordance with Section 724-H.

n.

Notify the Federal Emergency Management Agency when the corporate boundaries of Township have been modified.

o.

Permit Ordinary Maintenance and Minor Work in the regulated areas as specified in subsections B.2 and B.3.

5.

Use of changed technical data. The Floodplain Administrator and the applicant shall not use changed flood hazard area boundaries or base flood elevations for proposed buildings or developments unless the Floodplain Administrator or applicant has applied for a Conditional Letter of Map Revision (CLOMR) to the Flood Insurance Rate Map (FIRM) revision and has received the approval of the Federal Emergency Management Agency. A revision of the effective FIRM does not remove the related feature(s) on a flood hazard area delineation that has been promulgated by the NJDEP. A separate application must be made to the State pursuant to N.J.A.C. 7:13 for revision of a flood hazard design flood elevation, flood hazard area limit, floodway limit, and/or other related feature.

6.

Other permits. It shall be the responsibility of the Floodplain Administrator to assure that approval of a proposed development shall not be given until proof that necessary permits have been granted by Federal or State agencies having jurisdiction over such development, including Section 404 of the Clean Water Act. In the event of conflicting permit requirements, the Floodplain Administrator must ensure that the most restrictive floodplain management standards are reflected in permit approvals.

7.

Determination of Local Design Flood Elevations. If design flood elevations are not specified, the Floodplain Administrator is authorized to require the applicant to:

a.

Obtain, review, and reasonably utilize data available from a Federal, State, or other source; or

b.

Determine the design flood elevation in accordance with accepted hydrologic and hydraulic engineering techniques. Such analyses shall be performed and sealed by a licensed professional engineer. Studies, analyses, and computations shall be submitted in sufficient detail to allow review and approval by the Floodplain Administrator. The accuracy of data submitted for such determination shall be the responsibility of the applicant.

8.

Verification. It shall be the responsibility of the Floodplain Administrator to verify that the applicant's proposed Best Available Flood Hazard Data Area and the Local Design Flood Elevation in any development permit accurately applies the best available flood hazard data and methodologies for determining flood hazard areas and design elevations described in subsections B.2, B.3 and B.4), respectively. This information shall be provided to the Construction Official and documented according to subsection C.13.

a.

Requirement to submit new technical data. Base Flood Elevations may increase or decrease resulting from natural changes (e.g., erosion, accretion, channel migration, subsidence, uplift) or man-made physical changes (e.g., dredging, filling, excavation) affecting flooding conditions. As soon as practicable, but not later than six months after the date of a man-made change or when information about a natural change becomes available, the Floodplain Administrator shall notify the Federal Insurance Administrator of the changes by submitting technical or scientific data in accordance with Title 44 Code of Federal Regulations Section 65.3. Such a submission is necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements will be based upon current data.

b.

Activities in riverine flood hazard areas. In riverine flood hazard areas where design flood elevations are specified but floodways have not been designated, the Floodplain Administrator shall not permit any new construction, substantial improvement or other development, including the placement of fill, unless the applicant submits an engineering analysis prepared by a licensed professional engineer that demonstrates that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachment, will not increase the design flood elevation more than 0.2 feet at any point within the community.

c.

Floodway encroachment. Prior to issuing a permit for any floodway encroachment, including fill, new construction, substantial improvements and other development or land- disturbing-activity, the Floodplain Administrator shall require submission of a certification prepared by a licensed professional engineer, along with supporting technical data, that demonstrates that such development will not cause any increase in the base flood level.

d.

Floodway revisions. A floodway encroachment that increases the level of the base flood is authorized if the applicant has applied for a Conditional Letter of Map Revision (CLOMR) to the Flood Insurance Rate Map (FIRM) and has received the approval of FEMA.

e.

Watercourse alteration. Prior to issuing a permit for any alteration or relocation of any watercourse, the Floodplain Administrator shall require the applicant to provide notification of the proposal to the appropriate authorities of all adjacent government jurisdictions, as well as the NJDEP Bureau of Flood Engineering and the Division of Land Resource Protection. A copy of the notification shall be maintained in the permit records and submitted to FEMA.

9.

Engineering analysis. The Floodplain Administrator shall require submission of an engineering analysis prepared by a licensed professional engineer, demonstrating that the flood-carrying capacity of the altered or relocated portion of the watercourse will be maintained, neither increased nor decreased. Such watercourses shall be maintained in a manner that preserves the channel's flood-carrying capacity.

10.

Alterations in coastal areas. The excavation or alteration of sand dunes is governed by the New Jersey Coastal Zone Management (CZM) rules, N.J.A.C. 7:7. Prior to issuing a flood damage prevention permit for any alteration of sand dunes in coastal high hazard areas and Coastal A Zones, the Floodplain Administrator shall require that a New Jersey CZM permit be obtained and included in the flood damage prevention permit application. The applicant shall also provide documentation of any engineering analysis, prepared by a licensed professional engineer, that demonstrates that the proposed alteration will not increase the potential for flood damage.

11.

Development in riparian zones. All development in Riparian Zones as described in N.J.A.C. 7:13 is prohibited by this ordinance unless the applicant has received an individual or general permit or has complied with the requirements of a permit by rule or permit by certification from NJDEP Division of Land Resource Protection prior to application for a floodplain development permit and the project is compliant with all other Floodplain Development provisions of this ordinance. The width of the riparian zone can range between 50 and 300 feet and is determined by the attributes of the waterbody and designated in the New Jersey Surface Water Quality Standards N.J.A.C. 7:9B. The portion of the riparian zone located outside of a regulated water is measured landward from the top of bank. Applicants can request a verification of the riparian zone limits or a permit applicability determination to determine State permit requirements under N.J.A.C. 7:13 from the NJDEP Division of Land Resource Protection.

12.

Substantial improvement and substantial damage determinations. When buildings and structures are damaged due to any cause including but not limited to man-made, structural, electrical, mechanical, or natural hazard events, or are determined to be unsafe as described in N.J.A.C. 5:23; and for applications for building permits to improve buildings and structures, including alterations, movement, repair, additions, rehabilitations, renovations, ordinary maintenance and minor work, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the Floodplain Administrator, in coordination with the Construction Official, shall:

a.

Estimate the market value or require the applicant to obtain a professional appraisal prepared by a qualified independent appraiser, of the market value of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made.

b.

Determine and include the costs of all ordinary maintenance and minor work, as discussed in subsections B.2 and B.3, performed in the floodplain regulated by this ordinance in addition to the costs of those improvements regulated by the Construction Official in substantial damage and substantial improvement calculations.

c.

Compare the cost to perform the improvement, the cost to repair the damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, where applicable, to the market value of the building or structure.

d.

Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage.

e.

Notify the applicant in writing when it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the building code is required and notify the applicant when it is determined that work does not constitute substantial improvement or repair of substantial damage. The Floodplain Administrator shall also provide all letters documenting substantial damage and compliance with flood-resistant construction requirements of the building code to the NJDEP Bureau of Flood Engineering.

13.

Department records. In addition to the requirements of the building code and this Section, and regardless of any limitation on the period required for retention of public records, the Floodplain Administrator shall maintain and permanently keep and make available for public inspection all records that are necessary for the administration of this Section and the flood provisions of the Uniform Construction Code, including Flood Insurance Studies, Flood Insurance Rate Maps; documents from FEMA that amend or revise FIRMs; NJDEP delineations, records of issuance of permits and denial of permits; records of ordinary maintenance and minor work, determinations of whether proposed work constitutes substantial improvement or repair of substantial damage; required certifications and documentation specified by the Uniform Construction Code and this Section including as-built Elevation Certificates; notifications to adjacent communities, FEMA, and the State related to alterations of watercourses; assurance that the flood-carrying capacity of altered waterways will be maintained; documentation related to variances, including justification for issuance or denial; and records of enforcement actions taken pursuant to this Section and the flood-resistant provisions of the Uniform Construction Code. The Floodplain Administrator shall also record the required elevation, determination method, and base flood elevation source used to determine the Local Design Flood Elevation in the floodplain development permit.

14.

Liability. The Floodplain Administrator and any employee charged with the enforcement of this Section, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by this Section or other pertinent law or ordinance, shall not thereby be rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this Section shall be defended by legal representative of the jurisdiction until the final termination of the proceedings. The Floodplain Administrator and any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of this Section.

D.

Permits.

1.

Permits Required. Any person, owner or authorized agent who intends to conduct any development in a flood hazard area shall first make application to the Floodplain Administrator and shall obtain the required permit. Depending on the nature and extent of proposed development that includes a building or structure, the Floodplain Administrator may determine that a floodplain development permit or approval is required in addition to a building permit.

2.

Application for permit. The applicant shall file an application in writing on a form furnished by the Floodplain Administrator. Such application shall:

a.

Identify and describe the development to be covered by the permit.

b.

Describe the land on which the proposed development is to be conducted by legal description, street address or similar description that will readily identify and definitively locate the site.

c.

Indicate the use and occupancy for which the proposed development is intended.

d.

Be accompanied by a site plan and construction documents as specified in subsection E of this Section, grading and filling plans and other information deemed appropriate by the Floodplain Administrator.

e.

State the valuation of the proposed work, including the valuation of ordinary maintenance and minor work.

f.

Be signed by the applicant or the applicant's authorized agent.

3.

Validity of permit. The issuance of a permit under this Section or the Uniform Construction Code shall not be construed to be a permit for, or approval of, any violation of this appendix or any other ordinance of the jurisdiction. The issuance of a permit based on submitted documents and information shall not prevent the Floodplain Administrator from requiring the correction of errors. The Floodplain Administrator is authorized to prevent occupancy or use of a structure or site which is in violation of this Section or other ordinances of this jurisdiction.

4.

Expiration. A permit shall become invalid when the proposed development is not commenced within 180 days after its issuance, or when the work authorized is suspended or abandoned for a period of 180 days after the work commences. Extensions shall be requested in writing and justifiable cause demonstrated. The Floodplain Administrator is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each.

5.

Suspension or revocation. The Floodplain Administrator is authorized to suspend or revoke a permit issued under this Section wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or code of this jurisdiction.

E.

Site Plans and Construction Documents.

1.

Information for development in flood hazard areas. The site plan or construction documents for any development subject to the requirements of this Section shall be drawn to scale and shall include, as applicable to the proposed development:

a.

Delineation of flood hazard areas, floodway boundaries and flood zone(s), base flood elevation(s), and ground elevations when necessary for review of the proposed development. For buildings that are located in more than one flood hazard area, the elevation and provisions associated with the most restrictive flood hazard area shall apply.

b.

Where base flood elevations or floodway data are not included on the FIRM or in the Flood Insurance Study, they shall be established in accordance with subsection E.3.

c.

Where the parcel on which the proposed development will take place will have more than 50 lots or is larger than 5 acres and base flood elevations are not included on the FIRM or in the Flood Insurance Study, such elevations shall be established in accordance with subsection E.3.c. and E.4.

d.

Location of the proposed activity and proposed structures, and locations of existing buildings and structures; in coastal high hazard areas and Coastal A zones, new buildings shall be located landward of the reach of mean high tide.

e.

Location, extent, amount, and proposed final grades of any filling, grading, or excavation.

f.

Where the placement of fill is proposed, the amount, type, and source of fill material; compaction specifications; a description of the intended purpose of the fill areas; and evidence that the proposed fill areas are the minimum necessary to achieve the intended purpose. The applicant shall provide an engineering certification confirming that the proposal meets the flood storage displacement limitations of N.J.A.C. 7:13.

g.

Extent of any proposed alteration of sand dunes.

h.

Existing and proposed alignment of any proposed alteration of a watercourse.

i.

Floodproofing certifications, V Zone and Breakaway Wall Certifications, Operations and Maintenance Plans, Warning and Evacuation Plans and other documentation required pursuant to FEMA publications.

2.

The Floodplain Administrator is authorized to waive the submission of site plans, construction documents, and other data that are required by this Section but that are not required to be prepared by a registered design professional when it is found that the nature of the proposed development is such that the review of such submissions is not necessary to ascertain compliance.

3.

Information in flood hazard areas without base flood elevations (approximate Zone A). Where flood hazard areas are delineated on the effective or preliminary FIRM and base flood elevation data have not been provided, the applicant shall consult with the Floodplain Administrator to determine whether to:

a.

Use the Approximation Method (Method 5) described in N.J.A.C. 7:13 in conjunction with Appendix 1 of the FHACA to determine the required flood elevation.

b.

Obtain, review, and reasonably utilize data available from a Federal, State or other source when those data are deemed acceptable to the Floodplain Administrator to reasonably reflect flooding conditions.

c.

Determine the base flood elevation in accordance with accepted hydrologic and hydraulic engineering techniques according to Method 6 as described in N.J.A.C. 7:13. Such analyses shall be performed and sealed by a licensed professional engineer.

4.

Studies, analyses, and computations. Studies, analyses, and computations shall be submitted in sufficient detail to allow review and approval by the Floodplain Administrator prior to floodplain development permit issuance. The accuracy of data submitted for such determination shall be the responsibility of the applicant. Where the data are to be used to support a Letter of Map Change (LOMC) from FEMA, the applicant shall be responsible for satisfying the submittal requirements and pay the processing fees.

5.

Analyses and certifications by a Licensed Professional Engineer. As applicable to the location and nature of the proposed development activity, and in addition to the requirements of this section, the applicant shall have the following analyses signed and sealed by a licensed professional engineer for submission with the site plan and constructiondocuments:

a.

For development activities proposed to be located in a regulatory floodway, a floodway encroachment analysis that demonstrates that the encroachment of the proposed development will not cause any increase in base flood elevations; where the applicant proposes to undertake development activities that do increase base flood elevations, the applicant shall submit such analysis to FEMA as specified in subsection E(6) and shall submit the Conditional Letter of Map Revision, if issued by FEMA, with the site plan and construction documents.

b.

For development activities proposed to be located in a riverine flood hazard area where base flood elevations are included in the FIS or FIRM but floodways have not been designated, hydrologic and hydraulic analyses that demonstrate that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachments will not increase the base flood elevation more than 0.2 feet at any point within the jurisdiction. This requirement does not apply in isolated flood hazard areas not connected to a riverine flood hazard area or in flood hazard areas identified as Zone AO or Zone AH.

c.

For alteration of a watercourse, an engineering analysis prepared in accordance with standard engineering practices which demonstrates that the flood-carrying capacity of the altered or relocated portion of the watercourse will not be decreased, and certification that the altered watercourse shall be maintained, neither increasing nor decreasing the channel's flood-carrying capacity. The applicant shall submit the analysis to FEMA as specified in subsection E.6. The applicant shall notify the chief executive officer of all affected adjacent jurisdictions, the NJDEP's Bureau of Flood Engineering and the Division of Land Resource Protection; and shall provide documentation of such notifications.

d.

For activities that propose to alter sand dunes in coastal high hazard areas (Zone V) and Coastal A Zones, an engineering analysis that demonstrates that the proposed alteration will not increase the potential for flood damage and documentation of the issuance of a New Jersey Coastal Zone Management permit under N.J.A.C. 7:7.

e.

For analyses performed using Methods 5 and 6 (as described in N.J.A.C. 7:13) in flood hazard zones without base flood elevations (approximate A zones).

6.

Submission of additional data. When additional hydrologic, hydraulic or other engineering data, studies, and additional analyses are submitted to support an application, the applicant has the right to seek a Letter of Map Change (LOMC) from FEMA to change the base flood elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on FIRMs, and to submit such data to FEMA for such purposes. The analyses shall be prepared by a licensed professional engineer in a format required by FEMA. Submittal requirements and processing fees shall be the responsibility of the applicant.

F.

Inspections.

1.

General. Development for which a permit is required shall be subject to inspection. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this Section or the building code. Inspections presuming to give authority to violate or cancel the provisions of this Section or the building code or other ordinances shall not bevalid.

2.

Inspections of development. The Floodplain Administrator shall inspect all development in flood hazard areas authorized by issuance of permits under this Section. The Floodplain Administrator shall inspect flood hazard areas from time to time to determine if development is undertaken without issuance of a permit.

3.

Buildings and structures. The Construction Official shall make or cause to be made, inspections for buildings and structures in flood hazard areas authorized by permit in accordance with the Uniform Construction Code, N.J.A.C. 5:23.

4.

Lowest floor elevation. Upon placement of the lowest floor, including the basement, and prior to further vertical construction, certification of the elevation required in subsection O.2 shall be submitted to the Construction Official on an Elevation Certificate.

5.

Lowest horizontal structural member. In V zones and Coastal A zones, upon placement of the lowest floor, including the basement, and prior to further vertical construction, certification of the elevation required in subsection O.2 shall be submitted to the Construction Official on an Elevation Certificate.

6.

Installation of attendant utilities. (electrical, heating, ventilating, air-conditioning, and other service equipment) and sanitary facilities shall be elevated as required in subsection O.2.

7.

Final inspection. Prior to the final inspection, certification of the elevation required in subsection O.2 shall be submitted to the Construction Official on an Elevation Certificate.

8.

Manufactured homes. The Floodplain Administrator shall inspect manufactured homes that are installed or replaced in flood hazard areas to determine compliance with the requirements of this Section and the conditions of the issued permit. Upon placement of a manufactured home, certification of the elevation of the lowest floor shall be submitted on an Elevation Certificate to the Floodplain Administrator prior to the final inspection.

G.

Variances.

1.

General. The Land Use Board shall hear and decide requests for variances. The Land Use Board shall base its determination on technical justifications submitted by applicants, the considerations for issuance in this subsection G.5, the conditions of issuance set forth in this subsection G.6, and the comments and recommendations of the Floodplain Administrator and, as applicable, the Construction Official. The Land Use Board shall attach such conditions to variances as it deems necessary to further the purposes and objectives of this Section.

2.

Historic structures. A variance to the substantial improvement requirements of this ordinance is authorized provided that the repair or rehabilitation of a historic structure is completed according to N.J.A.C. 5:23-6.33, Section 1612 of the International Building Code and R322 of the International Residential Code, the repair or rehabilitation will not preclude the structure's continued designation as a historic structure, the structure meets the definition of the historic structure as described by this ordinance, and the variance is the minimum necessary to preserve the historic character and design of the structure.

3.

Functionally dependent uses. A variance is authorized to be issued for the construction or substantial improvement necessary for the conduct of a functionally dependent use provided the variance is the minimum necessary to allow the construction or substantial improvement, and that all due consideration has been given to use of methods and materials that minimize flood damage during the base flood and create no additional threats to public safety.

4.

Restrictions in floodways. A variance shall not be issued for any proposed development in a floodway when any increase in flood levels would result during the base flood discharge, as evidenced by the applicable analysis and certification required in subsection E.5.a. of this Section.

5.

Considerations. In reviewing requests for variances, all technical evaluations, all relevant factors, all other portions of this Section, and the following shall be considered:

a.

The danger that materials and debris may be swept onto other lands resulting in further injury or damage.

b.

The danger to life and property due to flooding or erosion damage.

c.

The susceptibility of the proposed development, including contents, to flood damage and the effect of such damage on current and future owners.

d.

The importance of the services provided by the proposed development to the community.

e.

The availability of alternate locations for the proposed development that are not subject to flooding or erosion and the necessity of a waterfront location, where applicable.

f.

The compatibility of the proposed development with existing and anticipated development.

g.

The relationship of the proposed development to the comprehensive plan and floodplain management program for that area.

h.

The safety of access to the property in times of flood for ordinary and emergency vehicles.

i.

The expected heights, velocity, duration, rate of rise and debris and sediment transport of the floodwater and the effects of wave action, where applicable, expected at the site.

j.

The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, streets, and bridges.

6.

Conditions for issuance. Variances shall only be issued upon:

a.

Submission by the applicant of a showing of good and sufficient cause that the unique characteristics of the size, configuration or topography of the site limit compliance with any provision of this Section or renders the elevation standards of the building code inappropriate.

b.

A determination that failure to grant the variance would result in exceptional hardship due to the physical characteristics of the land that render the lot undevelopable.

c.

A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, nor create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances.

d.

A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

e.

Notification to the applicant in writing over the signature of the Floodplain Administrator that the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage, and that such construction below the base flood level increases risks to life and property.

H.

Violations.

1.

Violations. Any development in any flood hazard area that is being performed without an issued permit or that is in conflict with an issued permit shall be deemed a violation. A building or structure without the documentation of elevation of the lowest floor, the lowest horizontal structural member if in a V or Coastal A Zone, other required design certifications, or other evidence of compliance required by the building code is presumed to be a violation until such time as that documentation is provided.

2.

Authority. The Floodplain Administrator is authorized to serve notices of violation or stop work orders to owners of property involved, to the owner's agent, or to the person or persons doing the work for development that is not within the scope of the Uniform Construction Code, but is regulated by this Section and that is determined to be a violation.

3.

Unlawful continuance. Any person who shall continue any work after having been served with a notice of violation or a stop work order, except such work as that person is directed to perform to remove or remedy a violation or unsafe condition, shall be subject to penalties as prescribed by N.J.S.A. 40:49-5 as appropriate.

4.

Review Period to Correct Violations. A 30-day period shall be given to the property owner as an opportunity to cure or abate the condition. The property owner shall also be afforded an opportunity for a hearing before the court for an independent determination concerning the violation. Subsequent to the expiration of the 30-day period, a fine not less than $1,500.00 may be imposed if a court has not determined otherwise or, upon reinspection of the property, it is determined that the abatement has not been substantially completed.

I.

Definitions. The following words and terms shall, for the purposes of this Section, have the meanings shown herein. Other terms are defined in the Uniform Construction Code N.J.A.C. 5:23 and terms are defined where used in the International Residential Code and International Building Code (rather than in the definitions section). Where terms are not defined, such terms shall have ordinarily accepted meanings such as the context implies.

30-DAY PERIOD. The period of time prescribed by N.J.S.A. 40:49-5 in which a property owner is afforded the opportunity to correct zoning and solid waste disposal after a notice of violation pertaining to this ordinance has been issued.

100-YEAR FLOOD ELEVATION. Elevation of flooding having a 1% annual chance of being equaled or exceeded in a given year which is also referred to as the Base Flood Elevation.

500-YEAR FLOOD ELEVATION. Elevation of flooding having a 0.2% annual chance of being equaled or exceeded in a given year.

A ZONES. Areas of Special Flood Hazard in which the elevation of the surface water resulting from a flood that has a 1% annual chance of equaling or exceeding the Base Flood Elevation (BFE) in any given year shown on the Flood Insurance Rate Map (FIRM) zones A, AE, AH, A1-A30, AR, AR/A, AR/AE, AR/A1-A30, AR/AH, and AR/AO. When used in reference to the development of a structure in this ordinance, A Zones are not inclusive of Coastal A Zones because of the higher building code requirements for Coastal A Zones.

AH ZONES. Areas subject to inundation by 1-percent-annual-chance shallow flooding (usually areas of ponding) where average depths are between one and three feet. Base Flood Elevations (BFEs) derived from detailed hydraulic analyses are shown in this zone.

AO ZONES. Areas subject to inundation by 1-percent-annual-chance shallow flooding (usually sheet flow on sloping terrain) where average depths are between one and three feet.

ACCESSORY STRUCTURE. Accessory structures are also referred to as appurtenant structures. An accessory structure is a structure which is on the same parcel of property as a principal structure and the use of which is incidental to the use of the principal structure. For example, a residential structure may have a detached garage or storage shed for garden tools as accessory structures. Other examples of accessory structures include gazebos, picnic pavilions, boathouses, small pole barns, storage sheds, and similar buildings.

AGRICULTURAL STRUCTURE. A structure used solely for agricultural purposes in which the use is exclusively in connection with the production, harvesting, storage, drying, or raising of agricultural commodities, including the raising of livestock. Communities must require that new construction or substantial improvements of agricultural structures be elevated or floodproofed to or above the Base Flood Elevation (BFE) as any other nonresidential building. Under some circumstances it may be appropriate to wet-floodproof certain types of agricultural structures when located in wide, expansive floodplains through issuance of a variance. This should only be done for structures used for temporary storage of equipment or crops or temporary shelter for livestock and only in circumstances where it can be demonstrated that agricultural structures can be designed in such a manner that results in minimal damage to the structure and its contents and will create no additional threats to public safety. New construction or substantial improvement of livestock confinement buildings, poultry houses, dairy operations, similar livestock operations and any structure that represents more than a minimal investment must meet the elevation or dry-floodproofing requirements of 44 CFR 60.3(c)(3).

ALTERATION OF A WATERCOURSE. A dam, impoundment, channel relocation, change in channel alignment, channelization, or change in cross-sectional area of the channel or the channel capacity, or any other form of modification which may alter, impede, retard or change the direction and/or velocity of the riverine flow of water during conditions of the base flood.

AREA OF SHALLOW FLOODING. A designated Zone AO, AH, AR/AO or AR/AH (or VO) on a community's Flood Insurance Rate Map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

AREA OF SPECIAL FLOOD HAZARD. See SPECIAL FLOOD HAZARD AREA.

ASCE 7. The standard for the Minimum Design Loads for Buildings and Other Structures, referenced by the building code and developed and published by the American Society of Civil Engineers, Reston, VA. which includes but is not limited to methodology and equations necessary for determining structural and flood-related design requirements and determining the design requirements for structures that may experience a combination of loads including those from natural hazards. Flood-related equations include those for determining erosion, scour, lateral, vertical, hydrostatic, hydrodynamic, buoyancy, breaking wave, and debris impact.

ASCE 24. The standard for Flood-Resistant Design and Construction, referenced by the building code and developed and published by the American Society of Civil Engineers, Reston, VA. References to ASCE 24 shall mean ASCE 24-14 or the most recent version of ASCE 24 adopted in the UCC Code [N.J.A.C. 5:23].

BASE FLOOD ELEVATION (BFE). The water surface elevation resulting from a flood that has a 1-percent or greater chance of being equaled or exceeded in any given year, as shown on a published Flood Insurance Study (FIS), or preliminary flood elevation guidance from FEMA. May also be referred to as the "100-year flood elevation".

BASEMENT. Any area of the building having its floor subgrade (below ground level) on all sides.

BEST AVAILABLE FLOOD HAZARD DATA. The most recent available preliminary flood risk guidance FEMA has provided. The Best Available Flood Hazard Data may be depicted on but not limited to, Advisory Flood Hazard Area Maps, Work Maps, or Preliminary FIS and FIRM.

BEST AVAILABLE FLOOD HAZARD DATA AREA. The areal mapped extent associated with the most recent available preliminary flood risk guidance FEMA has provided. The Best Available Flood Hazard Data may be depicted on but not limited to Advisory Flood Hazard Area Maps, Work Maps, or Preliminary FIS and FIRM.

BEST AVAILABLE FLOOD HAZARD DATA ELEVATION. The most recent available preliminary flood elevation guidance FEMA has provided. The Best Available Flood Hazard Data may be depicted on but not limited to, Advisory Flood Hazard Area Maps, Work Maps, or Preliminary FIS and FIRM.

BREAKAWAY WALLS. Any type of wall subject to flooding that is not required to provide structural support to a building or other structure and that is designed and constructed such that, below the Local Design Flood Elevation, it will collapse under specific lateral loads such that: (1) it allows the free passage of floodwaters, and (2) it does not damage the structure or supporting foundation system. Certification in the V Zone Certificate of the design, plans, and specifications by a licensed design professional that these walls are in accordance with accepted standards of practice is required as part of the permit application for new and substantially improved V Zone and Coastal A Zone structures. A completed certification must be submitted at permit application.

BUILDING. Per the FHACA, "Building" means a structure enclosed with exterior walls or fire walls, erected and framed of component structural parts, designed for the housing, shelter, enclosure, and support of individuals, animals, or property of any kind. A building may have a temporary or permanent foundation. A building that is intended for regular human occupation and/or residence is considered a habitable building.

CONDITIONAL LETTER OF MAP REVISION. A Conditional Letter of Map Revision (CLOMR) is FEMA's comment on a proposed project that would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective Base Flood Elevations (BFEs), or the Special Flood Hazard Area (SFHA). The letter does not revise an effective NFIP map, it indicates whether the project, if built as proposed, would be recognized by FEMA. FEMA charges a fee for processing a CLOMR to recover the costs associated with the review that is described in the Letter of Map Change (LOMC) process. Building permits cannot be issued based on a CLOMR, because a CLOMR does not change the NFIP map.

CONDITIONAL LETTER OF MAP REVISION—FILL. A Conditional Letter of Map Revision. Fill (CLOMR-F) is FEMA's comment on a proposed project involving the placement of fill outside of the regulatory floodway that would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective Base Flood Elevations (BFEs), or the Special Flood Hazard Area (SFHA). The letter does not revise an effective NFIP map, it indicates whether the project, if built as proposed, would be recognized by FEMA. FEMA charges a fee for processing a CLOMR to recover the costs associated with the review that is described in the Letter of Map Change (LOMC) process. Building permits cannot be issued based on a CLOMR, because a CLOMR does not change the NFIP map.

CRITICAL BUILDING. Per the FHACA, "Critical Building" means that:

a.

It is essential to maintaining continuity of vital government operations and/or supporting emergency response, sheltering, and medical care functions before, during, and after a flood, such as a hospital, medical clinic, police station, fire station, emergency response center, or public shelter; or

b.

It serves large numbers of people who may be unable to leave the facility through their own efforts, thereby hindering or preventing safe evacuation of the building during a flood event, such as a school, college, dormitory, jail or detention facility, day care center, assisted living facility, or nursing home.

DEVELOPMENT. Any manmade change to improved or unimproved real estate, including but not limited to, buildings or other structures, tanks, temporary structures, temporary or permanent storage of materials, mining, dredging, filling, grading, paving, excavations, drilling operations and other land-disturbing activities.

DRY FLOODPROOFING. A combination of measures that results in a non-residential structure, including the attendant utilities and equipment as described in the latest version of ASCE 24, being watertight with all elements substantially impermeable and with structural components having the capacity to resist flood loads.

ELEVATED BUILDING. A building that has no basement and that has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns. Solid perimeter foundations walls are not an acceptable means of elevating buildings in V and VE Zones.

ELEVATION CERTIFICATE. An administrative tool of the National Flood Insurance Program (NFIP) that can be used to provide elevation information, to determine the proper insurance premium rate, and to support an application for a Letter of Map Amendment (LOMA) or Letter of Map Revision based on fill (LOMR-F).

ENCROACHMENT. The placement of fill, excavation, buildings, permanent structures or other development into a flood hazard area which may impede or alter the flow capacity of riverine flood hazard areas.

FEMA PUBLICATIONS. Any publication authored or referenced by FEMA related to building science, building safety, or floodplain management related to the National Flood Insurance Program. Publications shall include, but are not limited to, technical bulletins, desk references, and American Society of Civil Engineers Standards documents including ASCE 24.

FLOOD OR FLOODING.

a.

A general and temporary condition of partial or complete inundation of normally dry land areas from:

1.

The overflow of inland or tidal waters.

2.

The unusual and rapid accumulation or runoff of surface waters from any source.

3.

Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in a.2 of this definition and are akin to a river or liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.

b.

The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in paragraph a.1 of this definition.

FLOOD HAZARD AREA DESIGN FLOOD ELEVATION. Per the FHACA, the peak water surface elevation that will occur in a water during the flood hazard area design flood. This elevation is determined via available flood mapping adopted by the State, flood mapping published by FEMA (including effective flood mapping dated on or after January 31, 1980, or any more recent advisory, preliminary, or pending flood mapping; whichever results in higher flood elevations, wider floodway limits, greater flow rates, or indicates a change from an A zone to a V zone or coastal A zone), approximation, or calculation pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-3.1-3.6 and is typically higher than FEMA's base flood elevation. A water that has a drainage area measuring less than 50 acres does not possess, and is not assigned, a flood hazard area design flood elevation.

FLOOD INSURANCE RATE MAP (FIRM). The official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

FLOOD INSURANCE STUDY (FIS). The official report in which the Federal Emergency Management Agency has provided flood profiles, as well as the Flood Insurance Rate Map(s) and the water surface elevation of the base flood.

FLOODPLAIN OR FLOOD-PRONE AREA. Any land area susceptible to being inundated by water from any source. See "Flood or flooding."

FLOODPLAIN MANAGEMENT REGULATIONS. Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance, and erosion control ordinance) and other applications of police power. The term describes such State or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

FLOODPROOFING. Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents.

FLOODPROOFING CERTIFICATE. Certification by a licensed design professional that the design and methods of construction for floodproofing a non-residential structure are in accordance with accepted standards of practice to a proposed height above the structure's lowest adjacent grade that meets or exceeds the Local Design Flood Elevation. A completed floodproofing certificate is required at permit application.

FLOODWAY. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than 0.2 foot.

FREEBOARD. A factor of safety usually expressed in feet above a flood level for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed.

FUNCTIONALLY DEPENDENT USE. A use that cannot perform its intended purpose unless it is located or carried out in close proximity to water, including only docking facilities, port facilities necessary for the loading or unloading of cargo or passengers, and shipbuilding and ship repair facilities. The term does not include long-term storage or related manufacturing facilities.

HABITABLE BUILDING. Pursuant to the FHACA Rules (N.J.A.C. 7:13), means a building that is intended for regular human occupation and/or residence. Examples of a habitable building include a single-family home, duplex, multi-residence building, or critical building; a commercial building such as a retail store, restaurant, office building, or gymnasium; an accessory structure that is regularly occupied, such as a garage, barn, or workshop; mobile and manufactured homes, and trailers intended for human residence, which are set on a foundation and/or connected to utilities, such as in a mobile home park (not including campers and recreational vehicles); and any other building that is regularly occupied, such as a house of worship, community center, or meeting hall, or animal shelter that includes regular human access and occupation. Examples of a non-habitable building include a bus stop shelter, utility building, storage shed, self-storage unit, construction trailer, or an individual shelter for animals such as a doghouse or outdoor kennel.

HARDSHIP. As related to subsection G, meaning the exceptional hardship that would result from a failure to grant the requested variance. The Land Use Board shall require that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.

HIGHEST ADJACENT GRADE. The highest natural elevation of the ground surface prior to construction next to the proposed or existing walls of a structure.

HISTORIC STRUCTURE. Any structure that is:

a.

Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

b.

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

c.

Individually listed on a State inventory of historic places in States with historic preservation programs which have been approved by the Secretary of the Interior; or

d.

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

1.

By an approved State program as determined by the Secretary of the Interior; or

2.

Directly by the Secretary of the Interior in States without approved programs.

LAWFULLY EXISTING. Per the FHACA, means an existing fill, structure and/or use, which meets all Federal, State, and local laws, and which is not in violation of the FHACA because it was established:

a.

Prior to January 31, 1980; or

b.

On or after January 31, 1980, in accordance with the requirements of the FHACA as it existed at the time the fill, structure and/or use was established.

Note: Substantially damaged properties and substantially improved properties that have not been elevated are not considered "lawfully existing" for the purposes of the NFIP. This definition is included in this ordinance to clarify the applicability of any more stringent statewide floodplain management standards required under the FHACA.

LETTER OF MAP AMENDMENT. A Letter of Map Amendment (LOMA) is an official amendment, by letter, to an effective National Flood Insurance Program (NFIP) map that is requested through the Letter of Map Change (LOMC) process. A LOMA establishes a property's location in relation to the Special Flood Hazard Area (SFHA). LOMAs are usually issued because a property has been inadvertently mapped as being in the floodplain but is actually on natural high ground above the base flood elevation. Because a LOMA officially amends the effective NFIP map, it is a public record that the community must maintain. Any LOMA should be noted on the community's master flood map and filed by panel number in an accessible location.

LETTER OF MAP CHANGE. The Letter of Map Change (LOMC) process is a service provided by FEMA for a fee that allows the public to request a change in flood zone designation in an Area of Special Flood Hazard on an Flood Insurance Rate Map (FIRM). Conditional Letters of Map Revision, Conditional Letters of Map Revision. Fill, Letters of Map Revision, Letters of Map Revision-Fill, and Letters of Map Amendment are requested through the Letter of Map Change (LOMC) process.

LETTER OF MAP REVISION. A Letter of Map Revision (LOMR) is FEMA's modification to an effective Flood Insurance Rate Map (FIRM). Letter of Map Revisions are generally based on the implementation of physical measures that affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective Base Flood Elevations (BFEs), or the Special Flood Hazard Area (SFHA). The LOMR officially revises the Flood Insurance Rate Map (FIRM) and sometimes the Flood Insurance Study (FIS) report, and when appropriate, includes a description of the modifications. The LOMR is generally accompanied by an annotated copy of the affected portions of the FIRM or FIS report. Because a LOMR officially revises the effective NFIP map, it is a public record that the community must maintain. Any LOMR should be noted on the community's master flood map and filed by panel number in an accessible location.

LETTER OF MAP REVISION—FILL. A Letter of Map Revision Based on Fill (LOMR-F) is FEMA's modification of the Special Flood Hazard Area (SFHA) shown on the Flood Insurance Rate Map (FIRM) based on the placement of fill outside the existing regulatory floodway may be initiated through the Letter of Map Change (LOMC) Process. Because a LOMR-F officially revises the effective Flood Insurance Rate Map (FIRM) map, it is a public record that the community must maintain. Any LOMR-F should be noted on the community's master flood map and filed by panel number in an accessible location.

LICENSED DESIGN PROFESSIONAL. Licensed design professional shall refer to either a New Jersey Licensed Professional Engineer, licensed by the New Jersey State Board of Professional Engineers and Land Surveyors or a New Jersey Licensed Architect, licensed by the New Jersey State Board of Architects.

LICENSED PROFESSIONAL ENGINEER. A licensed professional engineer shall refer to individuals licensed by the New Jersey State Board of Professional Engineers and Land Surveyors.

LOCAL DESIGN FLOOD ELEVATION (LDFE). The elevation reflective of the most recent available preliminary flood elevation guidance FEMA has provided as depicted on but not limited to Advisory Flood Hazard Area Maps, Work Maps, or Preliminary FIS and FIRM which is also inclusive of freeboard specified by the New Jersey Flood Hazard Area Control Act and Uniform Construction Codes and any additional freeboard specified in a community's ordinance. In no circumstances shall a project's LDFE be lower than a permit-specified Flood Hazard Area Design Flood Elevation or a valid NJDEP Flood Hazard Area Verification Letter plus the freeboard as required in ASCE 24 and the effective FEMA Base Flood Elevation.

LOWEST ADJACENT GRADE. The lowest point of ground, patio, or sidewalk slab immediately next a structure, except in AO Zones where it is the natural grade elevation.

LOWEST FLOOR. In A Zones, the lowest floor is the top surface of the lowest floor of the lowest enclosed area (including basement). In V Zones and coastal A Zones, the bottom of the lowest horizontal structural member of a building is the lowest floor. An unfinished or flood resistant enclosure, usable solely for the parking of vehicles, building access or storage in an area other than a basement is not considered a building's lowest floor provided that such enclosure is not built so as to render the structure in violation of other applicable non-elevation design requirements of this Section.

MANUFACTURED HOME. A structure that is transportable in one or more sections, eight (8) feet or more in width and greater than four hundred (400) square feet, built on a permanent chassis, designed for use with or without a permanent foundation when attached to the required utilities, and constructed to the Federal Manufactured Home Construction and Safety Standards and rules and regulations promulgated by the U.S. Department of Housing and Urban Development. The term also includes mobile homes, park trailers, travel trailers and similar transportable structures that are placed on a site for 180 consecutive days or longer.

MANUFACTURED HOME PARK OR SUBDIVISION. A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

MARKET VALUE. The price at which a property will change hands between a willing buyer and a willing seller, neither party being under compulsion to buy or sell and both having reasonable knowledge of relevant facts. As used in this Section, the term refers to the market value of buildings and structures, excluding the land and other improvements on the parcel. Market value shall be determined by one of the following methods: (1) Actual Cash Value (replacement cost depreciated for age and quality of construction), (2) tax assessment value adjusted to approximate market value by a factor provided by the Property Appraiser, or (3) established by a qualified independent appraiser.

NEW CONSTRUCTION. Structures for which the start of construction commenced on or after the effective date of the first floodplain regulation adopted by a community; includes any subsequent improvements to such structures. New construction includes work determined to be a substantial improvement.

NON-RESIDENTIAL. Pursuant to ASCE 24, any building or structure or portion thereof that is not classified as residential.

ORDINARY MAINTENANCE AND MINOR WORK. This term refers to types of work excluded from construction permitting under N.J.A.C. 5:23 in the March 5, 2018 New Jersey Register. Some of these types of work must be considered in determinations of substantial improvement and substantial damage in regulated floodplains under 44 CFR 59.1. These types of work include, but are not limited to, replacements of roofing, siding, interior finishes, kitchen cabinets, plumbing fixtures and piping, HVAC and air conditioning equipment, exhaust fans, built in appliances, electrical wiring, etc. Improvements necessary to correct existing violations of State or local health, sanitation, or code enforcement officials which are the minimum necessary to assure safe living conditions and improvements of historic structures as discussed in 44 CFR 59.1 shall not be included in the determination of ordinary maintenance and minor work.

RECREATIONAL VEHICLE. A vehicle that is built on a single chassis, 400 square feet or less when measured at the largest horizontal projection, designed to be self-propelled or permanently towable by a light-duty truck, and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions.

REPETITIVE LOSS. Any flood-related damage sustained by a structure on two separate occasions during a 10-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 25 percent of the market value of the structure before the damage occurred.

RESIDENTIAL. Pursuant to the ASCE 24:

a.

Buildings and structures and portions thereof where people live or that are used for sleeping purposes on a transient or non-transient basis;

b.

Structures including, but not limited to, one- and two-family dwellings, townhouses, condominiums, multi-family dwellings, apartments, congregate residences, boarding houses, lodging houses, rooming houses, hotels, motels, apartment buildings, convents, monasteries, dormitories, fraternity houses, sorority houses, vacation time-share properties; and

c.

institutional facilities where people are cared for or live on a 24-hour basis in a supervised environment, including, but not limited to, board and care facilities, assisted living facilities, halfway houses, group homes, congregate care facilities, social rehabilitation facilities, alcohol and drug centers, convalescent facilities, hospitals, nursing homes, mental hospitals, detoxification facilities, prisons, jails, reformatories, detention centers, correctional centers, and prerelease centers.

SOLID WASTE DISPOSAL. "Solid Waste Disposal" shall mean the storage, treatment, utilization, processing or final disposition of solid waste as described in N.J.A.C. 7:26-1.6 or the storage of unsecured materials as described in N.J.A.C. 7:13-2.3 for a period of greater than 6 months as specified in N.J.A.C. 7:26 which have been discharged, deposited, injected, dumped, spilled, leaked, or placed into any land or water such that such solid waste may enter the environment or be emitted into the air or discharged into any waters, including groundwaters.

SPECIAL FLOOD HAZARD AREA. The greater of the following: (1) Land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year, shown on the FIRM as Zone V, VE, V1-3-, A, AO, A1-30, AE, A99, or AH; (2) Land and the space above that land, which lies below the peak water surface elevation of the flood hazard area design flood for a particular water, as determined using the methods set forth in the New Jersey Flood Hazard Area Control Act in N.J.A.C. 7:13; (3) Riparian Buffers as determined in the New Jersey Flood Hazard Area Control Act in N.J.A.C. 7:13. Also referred to as the AREA OF SPECIAL FLOOD HAZARD.

START OF CONSTRUCTION. The Start of Construction is as follows:

a.

For other than new construction or substantial improvements, under the Coastal Barrier Resources Act (CBRA), this is the date the building permit was issued, provided that the actual start of construction, repair, rehabilitation, addition, placement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a building on site, such as the pouring of a slab or footing, the installation of piles, the construction of columns or any work beyond the stage of excavation; or the placement of a manufactured (mobile) home on a foundation. For a substantial improvement, actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

b.

For the purposes of determining whether proposed construction must meet new requirements when National Flood Insurance Program (NFIP) maps are issued or revised and Base Flood Elevation's (BFEs) increase or zones change, the Start of Construction includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation.

Permanent construction does not include land preparation, such as clearing, grading, and filling, nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. Such development must also be permitted and must meet new requirements when National Flood Insurance Program (NFIP) maps are issued or revised and Base Flood Elevation's (BFEs) increase or zones change.

For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

For determining if new construction and substantial improvements within the Coastal Barrier Resources System (CBRS) can obtain flood insurance, a different definition applies.

STRUCTURE. A walled and roofed building, a manufactured home, or a gas or liquid storage tank that is principally above ground.

SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent (50.0%) of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT. Any reconstruction, rehabilitation, addition, or other improvement of a structure taking place, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. This term also includes structures which have incurred "repetitive loss" or "substantial damage", regardless of the actual repair work performed. The term does not, however, include either:

a.

Any project for improvement of a structure to correct existing violations of State or local health, sanitary or safety code specifications which have been identified by the local code enforcement officer and which are the minimum necessary to assure safe living conditions; or

b.

Any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure."

UTILITY AND MISCELLANEOUS GROUP U BUILDINGS AND STRUCTURES. Buildings and structures of an accessory character and miscellaneous structures not classified in any special occupancy, as described in ASCE 24.

VARIANCE. A grant of relief from the requirements of this section which permits construction in a manner otherwise prohibited by this section where specific enforcement would result in unnecessary hardship.

VIOLATION. A development that is not fully compliant with this Section or the flood provisions of the building code. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this ordinance is presumed to be in violation until such time as that documentation is provided.

WATER SURFACE ELEVATION. The height, in relation to the North American Vertical Datum (NAVD) of 1988, (or other datum, where specified) of floods of various magnitudes and frequencies in the flood plains of coastal or riverine areas.

WATERCOURSE. A river, creek, stream, channel, or other topographic feature in, on, through, or over which water flows at least periodically.

WET FLOODPROOFING. Floodproofing method that relies on the use of flood damage resistant materials and construction techniques in areas of a structure that are below the Local Design Flood Elevation by intentionally allowing them to flood. The application of wet floodproofing as a flood protection technique under the National Flood Insurance Program (NFIP) is limited to enclosures below elevated residential and non-residential structures and to accessory and agricultural structures that have been issued variances by the community.

J.

Subdivisions and Other Developments.

1.

General. Any subdivision proposal, including proposals for manufactured home parks and subdivisions, or other proposed new development in a flood hazard area shall be reviewed to assure that:

a.

All such proposals are consistent with the need to minimize flood damage.

b.

All public utilities and facilities, such as sewer, gas, electric and water systems are located and constructed to minimize or eliminate flood damage.

c.

Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shall be provided to guide floodwater around and away from structures.

2.

Subdivision requirements. Where any portion of proposed subdivisions, including manufactured home parks and subdivisions, lies within a flood hazard area, the following shall be required:

a.

The flood hazard area, including floodways, coastal high hazard areas, and CoastalA Zones, and base flood elevations, as appropriate, shall be delineated on tentative subdivision plats.

b.

Residential building lots shall be provided with adequate buildable area outside the floodway.

c.

The design criteria for utilities and facilities set forth in this Section and appropriate codes shall be met.

K.

Site Improvement.

1.

Encroachment in floodways. Development, land disturbing activity, and encroachments in floodways shall not be authorized unless it has been demonstrated through hydrologic and hydraulic analyses required in accordance with subsection E.5.a. of this Section, that the proposed encroachment will not result in any increase in the base flood level during occurrence of the base flood discharge. If subsection E.5.a. is satisfied, proposed elevation, addition, or reconstruction of a lawfully existing structure within a floodway shall also be in accordance with subsection O.2 of this ordinance and the floodway requirements of N.J.A.C. 7:13.

2.

Prohibited in floodways. The following are prohibited activities:

a.

The storage of unsecured materials is prohibited within a floodway pursuant to N.J.A.C. 7:13.

b.

Fill and new structures are prohibited in floodways per N.J.A.C. 7:13.

3.

Sewer facilities. All new and replaced sanitary sewer facilities, private sewage treatment plants (including all pumping stations and collector systems) and on-site waste disposal systems shall be designed in accordance with the New Jersey septic system regulations contained in N.J.A.C. 14A and N.J.A.C. 7:9A, the UCC Plumbing Subcode (N.J.A.C. 5:23) and Chapter 7, ASCE 24, to minimize or eliminate infiltration of floodwater into the facilities and discharge from the facilities into floodwaters, or impairment of the facilities and systems.

4.

Water facilities. All new and replacement water facilities shall be designed in accordance with the New Jersey Safe Drinking Water Act (N.J.A.C. 7:10) and the provisions of Chapter 7 ASCE 24, to minimize or eliminate infiltration of floodwater into the systems.

5.

Storm drainage. Storm drainage shall be designed to convey the flow of surface waters to minimize or eliminate damage to persons or property.

6.

Streets and sidewalks. Streets and sidewalks shall be designed to minimize potential for increasing or aggravating flood levels.

7.

Limitations on placement of fill. Subject to the limitations of this Section, fill shall be designed to be stable under conditions of flooding including rapid rise and rapid drawdown of floodwater, prolonged inundation, and protection against flood-related erosion and scour. In addition to these requirements, when intended to support buildings and structures (Zone A only), fill shall comply with the requirements of the UCC (N.J.A.C. 5:23). Proposed fill and encroachments in flood hazard areas shall comply with the flood storage displacement limitations of N.J.A.C. 7:13.

8.

Hazardous Materials. The placement or storage of any containers holding hazardous substances in a flood hazard area is prohibited unless the provisions of N.J.A.C. 7:13 which cover the placement of hazardous substances and solid waste is met.

L.

Manufactured Homes.

1.

General. All manufactured homes installed in flood hazard areas shall be installed pursuant to the Nationally Preemptive Manufactured Home Construction and Safety Standards Program (24 CFR 3280).

2.

Elevation. All new, relocated, and replacement manufactured homes to be placed or substantially improved in a flood hazard area shall be elevated such that the bottom of the frame is elevated to or above the elevation specified in this subsection O.2.

3.

Foundations. All new, relocated, and replacement manufactured homes, including substantial improvement of existing manufactured homes, shall be placed on foundations as specified by the manufacturer only if the manufacturer's installation instructions specify that the home has been designed for flood-resistant considerations and provides the conditions of applicability for velocities, depths, or wave action as required by 24 CFR Part 3285-302. The Floodplain Administrator is authorized to determine whether the design meets or exceeds the performance necessary based upon the proposed site location conditions as a precondition of issuing a flood damage prevention permit. If the Floodplain Administrator determines that the home's performance standards will not withstand the flood loads in the proposed location, the applicant must propose a design certified by a New Jersey licensed design professional and in accordance with 24 CFR 3285.301(c) and (d) which conforms with ASCE 24, the accepted standard of engineering practice for flood-resistant design and construction.

4.

Anchoring. All new, relocated, and replacement manufactured homes to be placed or substantially improved in a flood hazard area shall be installed using methods and practices which minimize flood damage and shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces.

5.

Enclosures. Fully enclosed areas below elevated manufactured homes shall comply with the requirements of subsection O.2.

6.

Protection of mechanical equipment and outside appliances. Mechanical equipment and outside appliances shall be elevated to or above the elevation of the bottom of the frame required in subsection O.2, except where such equipment and appliances are designed and installed to prevent water from entering or accumulating within their components and the systems are constructed to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during the occurrence of flooding up to the elevation required by subsection O.2), the systems and equipment shall be permitted to be located below that elevation. Electrical wiring systems shall be permitted below the design flood elevation provided they conform to the provisions of NFPA 70 (National Electric Code).

M.

Recreational Vehicles.

1.

Placement prohibited. The placement of recreational vehicles shall not be authorized in coastal high hazard areas and in floodways.

2.

Temporary placement. Recreational vehicles in flood hazard areas shall be fully licensed and ready for highway use and shall be placed on a site for less than 180 consecutive days.

3.

Permanent placement. Recreational vehicles that are not fully licensed and ready for highway use, or that are to be placed on a site for more than 180 consecutive days, shall meet the requirements of subsection O.2 for habitable buildings and subsection L.3.

N.

Tanks. Underground and above-ground tanks shall be designed, constructed, installed, and anchored in accordance with ASCE 24 and N.J.A.C. 7:13.

O.

Other Development and Building Work.

1.

General requirements for other development and building work. All development and building work, including man-made changes to improved or unimproved real estate for which specific provisions are not specified in this Section or the Uniform Construction Code (N.J.A.C. 5:23), shall:

a.

Be located and constructed to minimize flood damage;

b.

Meet the limitations of subsection E.5.a. when located in a regulated floodway;

c.

Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic and hydrodynamic loads, including the effects of buoyancy, during the conditions of flooding up to the Local Design Flood Elevation determined according to subsection B.4;

d.

Be constructed of flood damage-resistant materials as described in ASCE 24 Chapter 5;

e.

Have mechanical, plumbing, and electrical systems above the Local Design Flood Elevation determined according to subsection B.4 or meet the requirements of ASCE 24 Chapter 7 which requires that attendant utilities are located above the Local Design Flood Elevation unless the attendant utilities and equipment are:

i.

Specifically allowed below the Local Design Flood Elevation; and

ii.

Designed, constructed, and installed to prevent floodwaters, including any backflow through the system from entering or accumulating within the components.

f.

Not exceed the flood storage displacement limitations in fluvial flood hazard areas in accordance with N.J.A.C. 7:13; and

g.

Not exceed the impacts to frequency or depth of off-site flooding as required by N.J.A.C. 7:13 in floodways.

2.

Requirements for Habitable Buildings and Structures.

a.

Construction and Elevation in A Zones not including Coastal A Zones.

b.

No portion of a building is located within a V Zone.

c.

No portion of a building is located within a Coastal A Zone, unless a licensed design professional certifies that the building's foundation is designed in accordance with ASCE 24, Chapter 4.

d.

All new construction and substantial improvement of any habitable building (as defined in subsection I) located in flood hazard areas shall have the lowest floor, including basement, together with the attendant utilities (including all electrical, heating, ventilating, air-conditioning and other service equipment) and sanitary facilities, elevated to or above the Local Design Flood Elevation as determined in subsection B.4, be in conformance with ASCE Chapter 7, and be confirmed by an Elevation Certificate.

e.

All new construction and substantial improvements of non-residential structures shall:

i.

Have the lowest floor, including basement, together with the attendant utilities (including all electrical, heating, ventilating, air-conditioning and other service equipment) and sanitary facilities, elevated to or above the Local Design Flood Elevation as determined in subsection B.4, be in conformance with ASCE Chapter 7, and be confirmed by an Elevation Certificate; or

ii.

Together with the attendant utility and sanitary facilities, be designed so that below the Local Design Flood Elevation, the structure meets the requirements of ASCE 24 Chapters 2 and 7, and is constructed according to the design plans and specifications provided at permit application and signed by a licensed design professional, is certified by that individual in a Floodproofing Certificate, and is confirmed by an Elevation Certificate.

f.

All new construction and substantial improvements with fully enclosed areas below the lowest floor shall be used solely for parking of vehicles, building access, or storage in an area other than a basement and which are subject to flooding. Enclosures shall:

i.

For habitable structures, be situated at or above the adjoining exterior grade along at least one entire exterior wall, in order to provide positive drainage of the enclosed area in accordance with N.J.A.C. 7:13; enclosures (including crawlspaces and basements) which are below grade on all sides are prohibited;

ii.

Be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters unless the structure is non-residential and the requirements of subsection O.2.e.ii. are met;

iii.

Be constructed to meet the requirements of ASCE 24 Chapter 2;

iv.

Have openings documented on an Elevation Certificate; and

v.

Have documentation that a deed restriction has been obtained for the lot if the enclosure is greater than six feet in height. This deed restriction shall be recorded in the Office of the County Clerk or the Registrar of Deeds and Mortgages in which the building is located, shall conform to the requirements in N.J.A.C.7:13, and shall be recorded within 90 days of receiving a Flood Hazard Area Control Act permit or prior to the start of any site disturbance (including pre-construction earth movement, removal of vegetation and structures, or construction of the project), whichever is sooner. Deed restrictions must explain and disclose that:

1.

The enclosure is likely to be inundated by floodwaters which may result in damage and/or inconvenience.

2.

The depth of flooding that the enclosure would experience to the Flood Hazard Area Design Flood Elevation;

3.

The deed restriction prohibits habitation of the enclosure and explains that converting the enclosure into a habitable area may subject the property owner to enforcement.

3.

Garages and accessory storage structures. Garages and accessory storage structures shall be designed and constructed in accordance with the Uniform Construction Code.

4.

Fences. Fences in floodways that have the potential to block the passage of floodwater, such as stockade fences and wire mesh fences, shall meet the requirements of subsection E.5.a. Pursuant to N.J.A.C. 7:13, any fence located in a floodway shall have sufficiently large openings so as not to catch debris during a flood and thereby obstruct floodwaters, such as barbed-wire, split-rail, or strand fence. A fence with little or no open area, such as a chain link, lattice, or picket fence, does not meet this requirement. Foundations for fences greater than 6 feet in height must conform with the Uniform Construction Code. Fences for pool enclosures having openings not in conformance with this section but in conformance with the Uniform Construction Code to limit climbing require a variance as described in subsection G.

5.

Retaining walls, sidewalks, and driveways. Retaining walls, sidewalks and driveways that involve placement of fill in floodways shall meet the requirements of this subsection E.5.a. and N.J.A.C. 7:13.

6.

Swimming pools. Swimming pools shall be designed and constructed in accordance with the Uniform Construction Code. Above-ground swimming pools and below-ground swimming pools that involve placement of fill in floodways shall also meet the requirements of this subsection E.5.a. Above-ground swimming pools are prohibited in floodways by N.J.A.C. 7:13.

7.

Roads and watercourse crossings.

a.

For any railroad, roadway, or parking area proposed in a flood hazard area, the travel surface shall be constructed at least one foot above the Flood Hazard Area Design Elevation in accordance with N.J.A.C. 7:13.

b.

Roads and watercourse crossings that encroach into regulated floodways or riverine waterways with base flood elevations where floodways have not been designated, including roads, bridges, culverts, low-water crossings and similar means for vehicles or pedestrians to travel from one side of a watercourse to the other side, shall meet the requirements of subsection E.5.a.

P.

Temporary Structures and Temporary Storage.

1.

Temporary structures. Temporary structures shall be erected for a period of less than 180 days. Temporary structures shall be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions of the base flood. Fully enclosed temporary structures shall have flood openings that are in accordance with ASCE 24 to allow for the automatic entry and exit of floodwaters.

2.

Temporary storage. Temporary storage includes storage of goods and materials for a period of less than 180 days. Stored materials shall not include hazardous materials.

3.

Floodway encroachment. Temporary structures and temporary storage in floodways shall meet the requirements of subsection E.5.a.

Q.

Utility and Miscellaneous Group U.

1.

Utility and Miscellaneous Group U. In accordance with Section 312 of the International Building Code, Utility and Miscellaneous Group U includes buildings and structures that are accessory in character and miscellaneous structures not classified in any specific occupancy in the Building Code, including, but not limited to, agricultural buildings, aircraft hangars (accessory to a one- or two-family residence), barns, carports, communication equipment structures (gross floor area less than 1,500 sq. ft.), fences more than 6 feet (1,829 mm) high, grain silos (accessory to a residential occupancy), livestock shelters, private garages, retaining walls, sheds, stables, tanks and towers.

2.

Flood loads. Utility and miscellaneous Group U buildings and structures, including substantial improvement of such buildings and structures, shall be anchored to prevent flotation, collapse or lateral movement resulting from flood loads, including the effects of buoyancy, during conditions up to the Local Design Flood Elevation as determined in this subsection B.4.

3.

Elevation. Utility and miscellaneous Group U buildings and structures, including substantial improvement of such buildings and structures, shall be elevated such that the lowest floor, including basement, is elevated to or above the Local Design Flood Elevation as determined in this subsection B.4 and in accordance with ASCE 24. Utility lines shall be designed and elevated in accordance with N.J.A.C. 7:13.

4.

Enclosures below base flood elevation. Fully enclosed areas below the design flood elevation shall be constructed in accordance with subsection O.2 and with ASCE 24 for new construction and substantial improvements. Existing enclosures such as a basement or crawlspace having a floor that is below grade along all adjoining exterior walls shall be abandoned, filled-in, and/or otherwise modified to conform with the requirements of N.J.A.C. 7:13 when the project has been determined to be a substantial improvement by the Floodplain Administrator.

5.

Flood-damage resistant materials. Flood-damage-resistant materials shall be used below the Local Design Flood Elevation determined in subsection B.4.

6.

Protection of mechanical, plumbing, and electrical systems. Mechanical, plumbing, and electrical systems, equipment and components, heating, ventilation, air conditioning, plumbing fixtures, duct systems, and other service equipment, shall be elevated to or above the Local Design Flood Elevation determined subsection B.4, except that electrical systems, equipment and components, and heating, ventilating, air conditioning, and plumbing appliances, plumbing fixtures, duct systems, and other service equipment shall be permitted to be located below the Local Design Flood Elevation, provided, that they are designed and installed to prevent water from entering or accumulating within the components and to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during the occurrence of flooding to the Local Design Flood Elevation in compliance with the flood-resistant construction requirements of ASCE 24. Electrical wiring systems shall be permitted to be located below the Local Design Flood Elevation provided they conform to the provisions of NFPA 70 (National Electric Code).

(Ord. 03-2023 § 1, 2023)

A.

Solar or photovoltaic energy systems that are designed for off-site electric power consumption.

B.

Cannabis establishments, including any cannabis cultivator, cannabis manufacturer, cannabis wholesaler or cannabis retailer.

C.

Cannabis distributors.

D.

Cannabis delivery services.

E.

All uses not expressly permitted in this Ordinance are prohibited.

(Ord. 04-2021 § 1, 2021; Ord. 07-2014 § 4, 2014; Ord. 18-2000 § 5, 2000)

A.

In any residential zone, a Personal Private recreational or Athletic Facility or Activity is permitted only as an accessory use to the principal residential use on the lot and only under the following conditions:

1.

Such accessory use cannot involve team sports or organized recreational activity; nor can there be any uniforms used or fees charged with respect to such use, nor any compensation to any participant, including player, referee, coach or umpire. All such accessory uses shall be informal and oriented to the occupants living in the residence on the same lot where such use is conducted.

2.

Such accessory use cannot be part of, involved with, or operated by, any organized athletic or recreational association, league team, school, camp or club, whether for profit or not-for-profit.

3.

There shall be no more than three (3) occasions of such accessory use which involve more than twenty (20) persons, whether participants or observers, conducted within any twelve-month consecutive time period.

4.

Parking generated by such accessory use shall be contained entirely on the lot of the principal use.

5.

There shall be no use of any voice or sound amplification for any such accessory use.

6.

No such accessory use shall create any sound that is a nuisance to neighboring properties.

7.

Any other outdoor lighting associated with such accessory use or structure, such as building and sidewalk illumination, driveways with no adjacent parking, the lighting of signs and ornamental lighting, shall not detrimentally affect adjacent properties, or traffic safety, or cause overhead sky glow. The objective of these specifications is to minimize undesirable off-premises effects. No light associated with such accessory use or structure shall shine into building windows, nor onto streets and driveways so as to interfere with or distract driver vision. Wall mounted fixtures are only permitted if directed into the site and not positioned towards neighboring properties or public streets.

8.

Advertising such accessory use by any means is prohibited.

9.

The number of buildings devoted to all such accessory uses on a lot shall not exceed two (2) on any lot three acres or more, and not to exceed one on any lot less than three acres.

10.

No such accessory use or structure shall be permitted in any front yard. Such use or structure may be located in the side or rear yard of the lot provided it satisfies the applicable side and rear yard setback requirements.

11.

No more than 10% of any lot area may be devoted to any such accessory use and structure, except that this limitation shall not apply to an accessory use consisting of using for pleasure or keeping domesticated animals (including horses).

B.

Small Wind Energy Systems.

1.

Purpose. The purpose of this Ordinance is to promote the safe effective and efficient use of small wind energy systems to reduce the on-site consumption of utility-supplied electricity in the Mining, Research Office/Mixed Use and Farmland Districts where adequate lot size standards will facilitate reduction of off-site visual and audible impact consistent with the parameters set forth in N.J.S.A. 40:55D-66.12.

2.

Applicability. Small Wind Energy Systems, as defined in subsection C, herein, shall be permitted accessory uses in the Mining, Research Office/Mixed Use, and Farmland Districts in accordance with the standards set forth in subsection 5, herein.

3.

Definitions.

a.

Small Wind Energy System. A wind energy system conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, which has a rated capacity consistent with applicable provisions of the State Uniform Construction Code promulgated pursuant to the "State Uniform Construction Code Act", P.L. 1975, c. 217 (C.52:27D-119 et seq.), and technical bulletins issued in accordance with the requirements of P.L. 2009, c. 244.

b.

Rotor Diameter. The cross sectional dimension of the circle swept by the rotating blades of a wind powered energy generator.

c.

System Height. The height above grade of the tower plus the wind generator.

d.

Tower Height. The height above grade of the fixed portion of the tower, excluding the wind generator.

e.

VAWT Systems. The vertical axis wind turbine which utilizes vertical panels as opposed to horizontal propellers.

f.

Wind Energy System. A wind generator and all associated equipment, including any base, blade, foundation, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries, or other component necessary to fully utilize the wind generator. For the purposes of this Ordinance wind energy system refers only to those systems that are outdoors.

g.

Wind Generator. The blades and associated mechanical and electrical conversion components mounted on top of the tower.

4.

Permit(s) Required. No small wind energy system shall be installed without first having obtained the requisite permits from the Zoning Official and the Construction Code Official.

5.

Standards. A small wind energy system shall be permitted subject to the following:

a.

Small wind energy systems shall be permitted as an accessory use exclusive to a conforming lot and only within the Mining, Research Office/Mixed Use and Farmland Districts.

b.

Small wind energy systems shall not be located within the required front or side yard setback areas.

c.

No more than one (1) small wind energy system shall be permitted on a lot.

d.

Towers shall be set back a distance equal to one and one-half times the total system height from all property lines, public roads, power lines, and existing buildings and structures. The distance shall be measured from the center of the tower.

e.

Total system height, which includes the blades and associated mechanical and electrical conversion components mounted on top of the tower, shall not exceed a total height of one hundred (100) feet.

f.

Small wind energy systems shall be placed in such a manner as to minimize off-site visual impacts.

g.

Access restrictions shall be designed as follows:

(i)

All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.

(ii)

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 fifteen (15) feet above the ground.

h.

A small wind energy system shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration.

i.

All wind energy facilities must comply with the applicable Federal Aviation Administration regulations and must receive any necessary Federal Aviation Administration permits.

j.

All wind energy facilities must comply with the applicable Department of Environmental Protection regulations and must receive any necessary permits from the Department of Environmental Protection.

k.

A small wind energy system shall remain painted or finished in the color or finish of grey or white that was originally applied by the manufacturer.

l.

There shall be no signs on a small wind generator system or any associated building except for the manufacturer or installer identification and appropriate warning signs.

m.

Small wind energy systems that connect to the electric utility grid shall comply with the New Jersey Net Metering and Interconnection Standards for Class I Renewable Energy Systems at N.J.A.C. 14:4-9.

n.

Except for limited overages during short-term events such as power outages or severe wind storms, the level of noise produced by wind turbine operation shall not exceed 65 decibels (dBa) as measured at the property boundaries of the parcel on which the small wind energy system is located. The applicant shall provide a post-construction certification on noise levels prepared by a qualified professional.

o.

No small wind energy system shall be roof-mounted.

p.

All wind energy systems shall be mounted on a monopole and shall not utilize a truss frame construction or require wired guyed systems.

q.

All wind energy systems shall provide a manual braking system and an over-speed control to prevent over spin during periods of excessively high winds.

r.

There shall be a minimum ground clearance of at least thirty (30) feet between the finished grade and bottom of any rotor of a wind energy system mounted on a tower, except a VAWT system may have a vertical panel to ground clearance of twenty (20) or more feet.

s.

Any batteries used in conjunction with wind energy systems shall be recycled or properly disposed of in accordance with hazardous waste management regulations.

t.

All power lines from the small wind energy system to on-site interconnection equipment and/or to the user facility shall be located underground and installed by a certified professional and must meet all applicable national, state and local electrical codes.

u.

Maintenance plan which describes the applicant's approach to maintaining the facility after construction, including the panels and associated supporting structures, as well as the property on which the facility is installed.

v.

Substations (excluding switchgear stations) shall be set back a minimum of 150 feet, or not less than 200 feet from a residential use or district.

w.

No portion of the wind generator shall extend into any public right-of-way, unless written permission is granted by the government entity with jurisdiction over the right-of-way or any overhead utility lines, unless written permission is granted by the utility that owns and/or controls the lines.

x.

The following minimum screening requirements shall be met:

(i)

All ground-based support facilities shall be buffered from view of non-residential properties by a 20-foot wide planted buffer and from view of public roads and residential districts and properties (including those located across a public road) by a 40-foot wide planted buffer.

(ii)

The buffer shall consist of an earthen berm and/or solid fence which completely screens all ground mounted equipment and structures from adjacent streets (measured from a height of 4 feet at the centerline of the street) and adjacent property lines (measured from a height of 5 feet at the property line). The buffer shall also consist of a mix of deciduous and evergreen trees and shrubs to provide a year round visual screen.

(iii)

The buffer shall also meet the landscape standards in § 631 unless otherwise specified. Deciduous trees shall have a minimum caliper size of 3.5 inches and a minimum height at planting of 14 feet. Evergreen trees shall have a minimum height at planting of 6 feet.

(iv)

Fencing, with the exception of a wooden or approved PVC fence, shall not be visible from the property line in all districts.

(v)

Existing hedgerows or vegetated windbreaks that provide screening of the subject site from neighboring properties shall be retained and augmented as necessary.

6.

Zoning Permit Requirements for Small Wind Energy Systems.

a.

An application for a Zoning Permit for a small wind energy system shall provide the following information on a signed and sealed plot plan or survey:

(i)

Location dimension and use of all existing structures on-site.

(ii)

Location and proposed ground elevation of the proposed small energy wind system.

(iii)

Location of all above ground utilities on the proposed parcel.

(iv)

Location of all public and private roadways.

(v)

Design data indicating the basis of design including manufacturer's specifications and operation requirements.

(vi)

Verification shall be provided by a design professional that the proposed location on the subject parcel and proposed tower elevation has sufficient wind speeds for operation of the wind energy system. Upon completion a certification from a NJ licensed professional engineer will be required stating that the structure was constructed as per the certified drawings.

(vii)

Surrounding land uses adjacent to the parcel.

7.

Abandonment. A wind facility that is out-of-service for a continuous 12-month period will be deemed to have been abandoned.

a.

The Township may issue a Notice of Abandonment to the owner of a wind energy facility that is deemed to have been abandoned. The Notice shall be sent return receipt requested.

b.

The owner shall have the right to respond to the Notice of Abandonment within 30 days from the Notice receipt date.

c.

If the owner provides information that demonstrates the wind facility has not been abandoned, the Township shall withdraw the Notice of Abandonment and notify the owner that the Notice has been withdrawn.

d.

If the Township determines that the wind facility has been abandoned, the owner of the wind energy facility shall remove the wind energy facility and properly dispose of the components at the owner's sole expense within 6 months after the owner receives the Notice of Abandonment.

e.

In the event that the owner fails to remove the wind facility, the Township and/or its employees and/or contractors may enter the property to remove the wind energy facility (but shall not be obligated to remove same) and, in the event that the Township performs the removal, all costs of such removal shall be reimbursed to the Township by the owner. In the event the owner fails to reimburse the Township, the Township may place a lien on the property in the amount of the costs of said removal and, in the event that the Township incurs any additional costs in enforcing the lien and/or collecting the money owed, the owner shall be obligated to reimburse the Township for the additional costs and expenses, including reasonable attorneys fees.

8.

Compliance with Building Code. Building permit applications shall be accompanied by standard drawings of structural components of the small wind energy system including support structures tower base and footings. Drawings and necessary calculations shall be certified in writing by a licensed professional engineer that the system complies with the Building Code.

C.

Solar or Photovoltaic Energy Systems.

1.

In order to maintain a desirable visual environment throughout Tewksbury by preserving and promoting the rural and historical characteristics of the Township, it is the intention of this section that the installation of solar or photovoltaic energy systems be installed in as inconspicuous and unobtrusive a manner as reasonably possible.

2.

Roof-mounted solar or photovoltaic energy systems. Installation or construction of roof-mounted solar/or photovoltaic energy systems shall be subject to the following requirements:

a.

A roof-mounted solar or photovoltaic energy system may not be placed on any lot which does not contain a permitted principal structure. A roof-mounted system may be installed upon permitted principal and accessory buildings.

b.

A roof-mounted solar or photovoltaic energy system shall serve only the lot where it is located. All supporting equipment, such as transformers, inverters, power line interconnections, etc., shall in the first instance be installed only in the rear yard area of any lot. The proposed location for all supporting equipment shall conform to the rear yard and side yard setback requirements for a principal permitted structure in the zone in which the property is located (and in no case shall be located in the front yard).

c.

Roof-mounted solar or photovoltaic energy system panels shall not extend above the existing height of the roof: (1) more than 12" on structures with pitched roofs with 3% slope or greater; or (2) more than 24" on structures with flat roofs (flat roof shall be defined as a roof pitch less than 3% slope). Notwithstanding, roof-mounted facilities shall not exceed the maximum building height in the zone district.

d.

All solar photovoltaic equipment shall be screened from public view, except for roof-mounted solar or photovoltaic panels as permitted herein, with one or a combination of the following: non-deciduous indigenous deer resistant plantings, fences, and/or walls and shall blend with the immediately surrounding area.

e.

All supporting equipment shall not be located any closer than twenty (20) feet to any other building or structure.

f.

Electrical wiring extending between roof top mounted solar panel arrays, system transformers, inverters, and buildings shall be installed underground.

g.

Installations proposed within a municipally designated historic district or on a historic site shall be subject to the provisions of § 629. In addition, roof-mounted panels shall not be visible from any public right-of-way. Where, upon review by the Historic Preservation Commission, an applicant can demonstrate that roof-mounted solar or photovoltaic energy system panels would be rendered ineffective with strict adherence to this provision, such as lack of southern exposure or structural appurtenances e.g., chimneys, dormers, etc., the use of solar shingles (photovoltaic shingles) or solar panels compatible in color to established roof materials may be installed with visibility to the public right-of-way.

3.

Parking lot roof canopy mounted solar or photovoltaic energy systems. Installation or construction of roof canopy mounted solar or photovoltaic energy systems shall be subject to the following requirements:

a.

Site plan approval is required.

b.

An applicant for a parking lot roof canopy mounted solar or photovoltaic energy system shall obtain all permits required by the Uniform Construction Code.

c.

Parking lot roof canopy mounted solar photovoltaic energy systems may be constructed above existing parking spaces and shall conform to setback requirements for parking for the zone in which the system is to be located.

d.

The parking lot roof canopy mounted solar or photovoltaic energy system shall serve only the lot upon which it is located. All supporting equipment, such as transformers, inverters, power line interconnections, etc., shall only be placed in the rear or side yard and shall conform to the side and rear setback requirements for that zone.

e.

The proposed location for all supporting equipment shall conform to the rear yard and side yard setback requirements for an accessory building in the zone in which the property is located (and in no case shall be located in the front yard).

(i)

All supporting equipment shall be screened from public view, except for roof-mounted solar or photovoltaic panels as permitted herein, with one or a combination of the following: non-deciduous indigenous deer resistant plantings, fences, and/or walls which shall blend with the immediately surrounding area.

f.

Electrical wiring extending between solar panel arrays, system transformers, inverters, and buildings shall be installed underground.

(i)

A power disconnect and system shut-down device accessible to emergency services personnel shall be installed and marked conspicuously with a sign, which shall identify an emergency contact person and an emergency contact telephone number. The property owner shall provide annual training to local emergency first responders on power disconnect and system shut-down procedures that may be required in the case of an emergency. System diagrams shall be provided to first responders and updated annually.

g.

Installations proposed within a designated historic district or on a historic site shall be subject to the provisions of Section 629.

h.

Facilities mounted above parking lots shall be designed to provide adequate space for access by emergency vehicles whenever necessary.

4.

Ground-mounted solar or photovoltaic energy systems. Ground-mounted solar or photovoltaic energy system shall be subject to the following requirements, which shall be documented by the applicant prior to the issuance of a construction permit:

a.

Accessory to principal permitted use.

(i)

A ground-mounted solar or photovoltaic energy system shall not be constructed on any lot which does not contain a permitted principal structure.

(ii)

A ground-mounted solar or photovoltaic energy system shall serve only the permitted principal structure and permitted accessory buildings located on the tax lot upon which the energy system is located.

b.

Nonresidential and commercial agricultural ground-mounted solar or photovoltaic energy systems shall require site plan approval.

c.

Issuance of a construction permit. An applicant for a ground-mounted solar or photovoltaic energy system permit shall obtain a Zoning Permit and all permits required by the Uniform Construction Code (UCC).

d.

Access. No new driveway access shall be created. Access shall be provided utilizing existing driveways. Any interior access road required between and among ground-mounted solar or photovoltaic energy system arrays and components shall be designed as grassed roadways to minimize the extent of soil disturbance, water runoff and soil compaction.

e.

Maximum height. The maximum height of solar panel arrays and system components from existing ground level shall not exceed six feet (6').

f.

Yard placement and visual buffering. All components of a ground-mounted solar or photovoltaic energy system (solar panel arrays, supporting equipment including transformers, inverters, electric utility line connections, etc.) shall be installed only in the rear yard area and shall not be located closer to the side property line than the existing side yard setback of the principal building upon the lot, subject to the following visual compatibility, placement and design standards:

(i)

The ground-mounted system and its components shall be shielded with landscape buffering from adjoining residences, preserved open space and farmland, the public traveled way, including public rights-of-way, roads and publicly accessible trails, and commonly traveled ways, such as, but not limited to bridle paths.

(ii)

Perimeter landscaped buffer. The ground-mounted system and its components shall be shielded from offsite view by the establishment of a landscaped buffer planted along the perimeter of the installation and designed to blend with the immediately surrounding area. Buffer areas shall be graded and planted to visually screen the installation from adjoining residential property(s).

(iii)

Where existing features may effectively serve to shield portions of the installation and its components from view, such features may be substituted for portions of the required perimeter landscaped buffer. Such features include, but are not limited to:

(a)

Existing hedgerows or forested areas, which may be supplemented with additional plantings to achieve year-round effective visual screening of the installation and its components;

(b)

Existing buildings, such as barns, garages, greenhouses, outbuildings, etc.;

(c)

Existing topographic features or structures such changes in elevation, ridgelines, retaining walls and similar features;

(d)

Where any of the above features may be substituted for the required perimeter landscaped buffer, such features shall be maintained for as long as ground-mounted solar or photovoltaic energy system remains on-site. Where such features may be removed over time by will or act of God, the required perimeter landscaped buffer shall be provided within either two (2) months of the removal of such features;

(e)

Perimeter fence. A safety fence or suitable barrier shall be installed inside the perimeter landscaped buffer. The fence or barrier shall include a locked gate or other secure suitable means of access to the system.

g.

Critical areas. No portion of a ground-mounted solar or photovoltaic energy system (solar panel arrays and supporting equipment such as, but not limited to transformers, inverters, power line interconnections, etc.) shall be located in a Critical Areas or Environmentally Sensitive Areas as defined in § 301.

h.

Solar panel array ground mounting. The use of concrete, asphalt or other impervious surface, including gravel, shall be limited to the location for the installation of the panels and ancillary equipment and the ancillary facilities for the panels, including but not limited to, the base or foundation of the panel, plate, canopy, or array shall adhere to the applicable zone district lot coverage restrictions. Panels shall not be included in any calculation of impervious surface or impervious cover pursuant to N.J.S.A. 40:55D-38.1. The design of the facilities shall comply with all NJDEP and Township stormwater, grading and soil disturbance regulations, whichever is more restrictive.

i.

Grading. The ground-mounted system and its components should be designed to follow the natural topography to the greatest extent possible to minimize the disturbance of soils. Grading and Surface Water Management Plan Ordinance approval may be required.

j.

Soil erosion control, soil stabilization. All ground areas occupied by the ground-mounted solar or photovoltaic energy system shall be planted and maintained with shade tolerant grasses for the purpose of soil stabilization. A seed mixture of native, non-invasive shade tolerant grasses shall be utilized to promote biodiversity and natural habitat.

k.

Solar energy 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 the property line.

5.

Decommissioning, removal, restoration. All solar or photovoltaic energy systems shall be maintained in continuous operation.

a.

Solar and photovoltaic energy facilities and structures (roof, parking lot roof canopy or ground) which have not been in active and continuous service for a period of twelve (12) months shall be decommissioned and removed from the property to a place of safe and legal disposal.

b.

Upon cessation of activity or abandonment, the energy system shall be decommissioned, all equipment removed and all areas disturbed to construct and operate the energy system shall be restored. The property owner shall obtain a demolition permit from the Township of Tewksbury construction official to decommission and remove the energy system and restore all areas disturbed to construct and operate the system.

c.

Removal of the system shall be conducted in conformance with UCC requirements.

d.

Solar energy system structures and equipment (including fencing) shall be removed and, where applicable, surface grade shall be restored.

e.

Where applicable, surface grade shall be re-vegetated with native seed mixes and or plant species suitable to the area, which shall not include any invasive species. Agricultural activities may be conducted in farmland areas.

f.

The lot owner shall document that system decommissioning, removal and restoration activities have been completed in accordance with the requirements of this section with a certification from Township code official(s).

g.

In the event that the owner fails to remove the solar energy facility, the Township and/or its employees and/or contractors may enter the property to remove the solar energy facility (but shall not be obligated to remove same) and, in the event that the Township performs the removal, all costs of such removal shall be reimbursed to the Township by the owner. In the event the owner fails to reimburse the Township, the Township may place a lien on the property in the amount of the costs of said removal and, in the event that the Township incurs any additional costs in enforcing the lien and/or collecting the money owed, the owner shall be obligated to reimburse the Township for the additional costs and expenses, including reasonable attorneys fees.

6.

In addition to those items required for an application to be deemed complete, a site plan application including a solar or photovoltaic energy generating facility shall include the following:

a.

Location of proposed and existing underground or overhead utility or transmission lines.

b.

Location of any proposed or existing substation, inverter or transformer.

c.

Description of any necessary upgrades or modifications to existing substations or the necessity for a new substation.

d.

Description of how the energy generated by the facility will be connected to the electrical distribution or transmission facility or the electrical facility of the intended energy user.

e.

Location of existing hedgerows and vegetated windbreaks. Trees on the site that have a caliper of 12" (dbh) or greater shall be identified by species and overall condition.

f.

Photographic simulation of the view of the proposed facility from ground level from all public roads abutting the property and from adjacent residential uses.

g.

Maintenance plan which describes the applicant's approach to maintaining the facility after construction, including the panels and associated supporting structures, as well as the property on which the facility is installed.

7.

Safety and Emergency Provisions.

a.

Solar or photovoltaic roof, parking lot roof canopy and ground-mounted systems servicing residential dwellings shall comply with the following safety and emergency response provisions:

(i)

Residential solar or photovoltaic systems shall be fitted with a "safety mode" system capable of switching off live DC current from the system in the event that fire or rescue services are required. Safety mode switching shall be readily accessible to and clearly marked for emergency response personnel operation.

(ii)

Site labeling. Each site containing a solar of photovoltaic energy facility shall include a sign indicating that the energy facility exists on-site, indicating whether the system is a roof or ground-mounted system. Such sign shall be conspicuously mounted at the driveway entry to the site.

(iii)

In accordance with the latest edition of the National Electrical Code update, all conduit extending between solar or photovoltaic panel arrays and inverters and transformers shall be marked every 10 feet to indicate electrical danger to firefighters and EMT personnel in the event conduit is accidentally or must be intentionally cut as part of emergency response.

(iv)

Safety Data Sheets (SDS) shall be submitted to emergency response providers for all component materials comprising of the solar modules, panels, or arrays or other equipment which contain hazardous or flammable substances.

b.

Solar or photovoltaic roof, parking lot roof canopy and ground-mounted systems servicing nonresidential uses shall comply with the following safety and emergency response provisions:

(i)

Ground-mounted systems shall provide emergency vehicle access to all components and shall include access roads not less than twenty (20) feet in width, which shall be reinforced or suitably improved to support the weight of typical fire department apparatus. Turning areas shall be provided and each bend or turn in the access road shall provide an adequate turning radius for firefighting apparatus maneuvering.

(a)

Reinforced access roads shall extend to within 50' of all exterior doors, which provide access to the interior of a building.

(b)

Where it can be demonstrated to the satisfaction of the Fire Company and First Aid and Rescue Squad that the access road is not required to extend to within 50' of a building, such distance may be increased in accordance with applicable building and fire access codes.

(ii)

An exterior electrical disconnect/emergency shutoff which de-energizes the system shall be provided, which shall be plainly marked with a reflective placard identification.

(iii)

Security fencing and gates shall be fully erected and operational prior to the installation of solar or photovoltaic energy facility installation.

(iv)

Knox Boxes shall be provided at all locked locations on-site (i.e., gates, doors to buildings, etc.).

(v)

An emergency response plan shall be provided, filed and maintained with the appropriate Fire Companies and emergency squads which shall include site-specific training to be provided by the owner of each facility on at least a bi-annual basis if requested by emergency providers. The emergency response plan shall include:

(a)

Emergency response procedures to be followed in the event of an emergency, which shall include Fire Company and First Aid and Rescue Squad training, including training before planning an operation,

(b)

Evacuation procedures (on-site and for off-site neighboring properties and residents),

(c)

Site-specific information concerning the location of panels, grid identification diagrams, contact names and numbers for 24/7 availability of contact personnel named,

(d)

A system of information placards, which shall be conspicuously mounted at eye level, and which shall be updated within two (2) weeks of any changes to contact information, and which shall include information identifying all possible hazards and exit routes from the facility,

(e)

A two-tag identification system for anyone entering the energy facility site, which shall provide for the following procedures:

i.

One tag shall be kept in the service vehicle indicating the name of the individual and his/her employer,

ii.

One tag (the second tag) shall be placed at the point of entry of any building or in the case of site roaming service, the point of departure into the site. When roaming in the field, the tag shall be clipped to the gate nearest to the location where service will be performed.

(vi)

Site address. All sites shall secure a street address from the Township 911 Coordinator, which shall be posted at the main entrance gate to the facility.

(vii)

Safety Data Sheets (SDS) shall be submitted to emergency response providers for all component materials comprising of the solar modules, panels, or arrays or other equipment which contain hazardous or flammable substances.

(viii)

Prior to the issuance of a certificate of occupancy, the Fire Department(s) will be provided access to the solar facility to allow for review of existing conditions, their conformance with emergency access and allow for emergency responders to gain familiarity to the site.

(ix)

The use of lead-acid batteries shall not be permitted in nonresidential solar energy systems and facilities. This prohibition shall not extend to residential solar or photovoltaic energy facilities.

(Ord. 08-2016 § 1, 7-12-2016; Ord. 03-2015 § 3, 5-12-2015; Ord. 07-2014 § 4, 9-9-2014; Ord. 06-2014 § 1, 9-9-2014; Ord. 08-2010 § 1, 12-14-2010; Ord. 30-2000 § 2, 2000)

Home occupations are divided into minor and major types depending on the intensity of the use. Home occupations meeting the criteria for minor home occupations shall be classified as such. Home occupations not meeting the criteria for a minor home occupation shall be considered major home occupations. Uses not meeting the major home occupation criteria shall not be considered to be home occupations.

(Ord. 20-2002 § 12, 2002)

A minor home occupation shall meet the criteria within this Section. A zoning permit shall be issued by the Zoning Officer precedent to the commencement of the minor home occupation. The criteria for a minor home occupation are as follows:

A.

The use shall be conducted entirely within the primary dwelling or accessory building associated with it.

B.

No more than 50% of the first floor or basement area or 250 square feet, whichever is less, of the dwelling unit or accessory structure on the same lot may be used for the minor home occupation.

C.

No display of products shall be visible from the street, nor shall any article be sold or offered for sale on the premises.

D.

No more than one client, patron, or customer may be on the premises for business or professional purposes at any one time.

E.

The residential character of the lot and building shall not be changed.

F.

No sounds emanating from the minor home occupation use shall be audible outside the residence.

G.

No equipment shall be used which will cause interference with radio and television reception in neighboring dwellings nor create other nuisances by its operation.

H.

The minor home occupation shall not employ any person not resident on the premises in the performance of the occupation.

I.

No sign identifying or advertising the minor home occupation shall be permitted.

J.

Deliveries shall be limited to package (e.g., United Parcel Service) services or utilization of the owner's passenger vehicle.

K.

No additional off-street parking to accommodate the minor home occupation shall be allowed.

L.

The minor home occupation shall not be open for customers, clients or patrons before 8:00 am on weekdays and 9:00 am on weekends nor after 8:30 pm on any day of the week.

M.

The water and wastewater disposal facilities shall comply with all county, state and municipal health regulations.

(Ord. 20-2002 § 13, 2002)

A major home occupation shall meet the criteria within this Section. A conditional use permit shall be obtained from the Planning Board precedent to the commencement of any major home occupation. Permits for home occupations shall be granted to a designated person who resides at the residential address. Permits for home occupations are not transferable from person to person or from address to address.

The criteria for a major home occupation are as follows:

A.

The use shall be conducted entirely within the primary dwelling or accessory building associated with it.

B.

No more than 50% of the first floor or basement area or 450 square feet, whichever is less, of the dwelling unit may be used for the home occupation.

C.

No display of products shall be visible from the street, nor shall any article be sold or offered for sale on the premises.

D.

The residential character of the lot and building shall not be changed.

E.

No sounds emanating from the home occupation use shall be audible outside the residence.

F.

No equipment shall be used which will cause interference with radio and television reception in neighboring dwellings nor create other nuisances by its operation.

G.

No major home occupation shall employ more than one non-resident.

H.

No sign identifying or advertising the major home occupation shall be permitted.

I.

The home occupation shall not reduce the parking or yard requirements of the dwelling.

J.

Where parking is provided, no more than 3 parking spaces per property, including required residential parking, shall be allowed. All parking associated with the home occupation shall be screened from view of any public street behind a combination of hedging, landscaping or fencing.

K.

Deliveries shall be limited to package (e.g., United Parcel Service) services or utilization of the owner's passenger vehicle.

L.

The major home occupation shall not be open for customers, clients or patrons before 8:00 am on weekdays and 9:00 am on weekends nor after 8:30 pm on any day of the week.

M.

The water and wastewater disposal facilities shall comply with all county, state and municipal health regulations.

(Ord. 20-2002 § 14, 2002)