Union Township City Zoning Code
§ 30-5.5
Use Regulations.
[Amended Ord. No. 85-9, § 503; Ord. No. 86-4, § 4; Ord. No. 86-8, § 3; Ord. No. 88-11, § 3; Ord. No. 88-5, § 4; Ord. No. 91-2, § 1; Ord. No. 91-7, § 1; Ord. No. 93-11, §§ 2, 3; Ord. No. 93-4, § 2; Ord. No. 96-16, § 2; Ord. No. 96-17, § 2; Ord. No. 96-22, §§ 1, 3; Ord. No. 96-9, § 1; Ord. No. 98-7, § III; Ord. No. 99-14, § 9; Ord. No. 2000-11, §§ 9, 10; Ord. No. 2001-7, § 1; Ord. No. 2001-8, §§ 4, 6, 9, 13, 15, 16; Ord. No. 2006-4, § II; Ord. No. 2011-10 § 17; Ord. No. 2013-5; Ord. No. 2015-06 § 4; Ord. No. 2015-06 § 5; Ord. No. 2017-1; Ord. No. 2017-1; 3-20-2024 by Ord. No. 2024-4]
a.
Agricultural Uses.
1.
A-1 Agriculture and Horticulture. Agriculture and horticulture shall include uses such as tilling of soil, raising of livestock, horses, or poultry; growing trees, shrubs, flowers, or vegetables; and related farmhouses and usual farm buildings, provided:
(a)
Farm Unit. Single-family detached dwelling for the sole use of individuals, and their immediate families, engaged in agricultural employment on the same site, or for the immediate family of the landowner, or for persons engaged in agricultural employment on the property. This use is subject to the following provision:
(1)
Land Without Conservation Easement. One dwelling unit per farm will be permitted, provided the site is equal to five acres plus the minimum lot size required for a dwelling unit in the zoning district in which the farm unit is located.
(b)
Accessory Farm Buildings and Structures. All buildings and structures associated with agricultural and horticultural use as defined by this chapter shall be permitted provided:
(1)
Buildings and structures associated with farm crop agriculture including barns, sheds, silos, and the like including animal sheds, manure storage, or like uses shall not be located any closer than 100 feet to any property line nor closer than 200 feet to any street line or dwelling other than a farm unit on the same parcel.
(2)
Buildings and structures associated with horticultural/nursery uses including greenhouses either permanent, temporary or portable, cold frames, sheds, and the like shall not be located any closer than 100 feet to any property line, nor closer than 150 feet to any delineated 100-year flood plain or wetland, nor closer than 200 feet to any street line or dwelling other than a farm unit on the same parcel. All such buildings and structures shall require an approved stormwater management plan in accordance with § 30-24 of this chapter, and a plan for the recycling of all fertilizers, pesticides and other organic or inorganic chemicals used in, or associated with the building, structure and/or permitted use therein. All buildings and structures shall be screened in accordance with the buffer requirements of § 30-7.4 of this chapter.
(c)
Livestock. The keeping of livestock and horses shall be limited to lots of at least three acres and shall be limited to one head of livestock or horse per acre. Riding academies, livery or boarding stables, commercial dog kennels, and the raising of fur bearing animals are not included in this provision and must meet the requirements of Subsection a4 or 5 herein.
(d)
Chickens. The keeping of chickens shall be limited to 50 chickens per acre on lots of five or more acres. Chickens may be kept and maintained on residential lots of less than five acres, provided a zoning permit is first obtained from the Zoning Officer, and subject to the requirements applicable to chicken coop structures set forth in § 30-5.5h2(g), and subject to the following additional conditions and requirements:
(1)
A maximum of six chickens may be kept on a residential lot of up to one acre.
(2)
A maximum of 10 chickens may be kept on a residential lot of one or more but less than three acres.
(3)
A maximum of 15 chickens may be kept on a residential lot of three or more but less than five acres.
(4)
No person shall keep a rooster on any residential lot of less than five acres in the Township of Union.
(5)
A copy of the property survey shall be submitted with the zoning application showing the dimensions and construction details of the proposed chicken coop structure and the location thereof on the subject property in conformance with § 30-5.5h2(g) of the Land Use Code.
(6)
The Zoning Officer shall have the right to periodically inspect the premises to ascertain compliance with the terms of this section and other applicable standards. Any violation of these and other applicable standards shall be grounds for the revocation of the Zoning Permit permitting the keeping and maintenance of chickens.
(7)
Chickens shall be kept and maintained at all times in a humane manner and in accordance with good agricultural practices.
(e)
Commercial Farms. None of the provisions of this chapter shall in any way prevent farmers from carrying on the normal operation of their commercial farms in accordance with the Right to Farm Act, N.J.S.A. 4:1C-1 et seq., as amended.
(f)
Such use does not include landscape contracting.
(g)
Parking. No less than two off-street parking spaces per dwelling unit and one space per two employees.
2.
A-2 Intensive Agriculture. Intensive agriculture, including greenhouses, feedlots, confinement livestock, or poultry operations taking place in structures or closed pens, shall be permitted subject to the following:
(a)
The minimum site area for such use shall be 10 acres.
(b)
Dwellings and accessory farm building and structures shall be permitted in accordance with the regulations for agriculture and horticulture, use A-1.
(c)
The maximum permitted impervious surface ratio of the site shall be 9%.
(d)
If any stream or swale is present, it shall be protected by a 150-foot buffer established from the top of bank from each side of the channel. An engineering study shall be required insuring the stream is adequately protected from pollution.
(e)
Parking. No less than two off-street parking spaces per dwelling unit and one space per two employees.
3.
A-3 Forestry. Forestry is the ongoing program of clearing or cutting timber resources within forested or wooded areas and coordinated with an approved Forest Management Plan. Forestry does not include authorized clearing in accordance with plans approved pursuant to Chapter 30, the issuance of a building permit, nor removal of sick or dead trees. Forestry is permitted, provided that the landowner obtains an annual permit subject to the following conditions:
(a)
The application for a permit shall include a written and graphic reforestation or forest maintenance program prepared by either a professional forester or arborist showing a program for the establishment of the forest or wooded area on a sustained yield basis.
(b)
If clear cutting of timber resources are programmed, such operations shall be limited to no greater than 20% of the forested wooded area within any twenty-year period, per year shall include a soil sedimentation and erosion control plan which is subject to the review and approval of the municipality. Furthermore, all clear cutting operations shall be coordinated with a reforestation program.
(c)
An agreement must be signed by the landowner and recorded with the municipality stating that no such forestry operation shall be considered to reduce the area of forest or woodland as defined within this chapter. The application for a permit must indicate the existing amount of forested or wooded land for the total site prior to the commencement of any forestry operation.
(d)
The landowner shall be responsible that all such forested or wooded areas are either reforested or maintained in a forested state. In addition, the landowner shall be responsible for the installation and maintenance of the soil sedimentation and erosion plan. The municipality may require a performance bond to insure that these standards are met.
(e)
Forestry shall not permit the construction of structures.
4.
A-4 Riding Academy. Riding academy, livery, or boarding stable, subject to the following provisions:
(a)
A lot area of not less than 10 acres shall be required.
(b)
Dwellings and accessory farm buildings shall be permitted in accordance with the regulations for agriculture and horticulture use A-1.
(c)
No more than one horse per acre shall be permitted.
(d)
Horse shows shall be permitted only by approval of the township committee and be limited to a specified number each year for each riding academy.
(e)
Parking. No less than one off-street parking space shall be provided for every three persons present at such when they are used to capacity.
(f)
Sufficient parking for events shall be available on site. The parking area shall be temporary and pervious. No street parking shall be permitted.
5.
A-5 Kennel. The keeping of more than six dogs that are more than six months old for breeding, training, selling, or boarding for a fee is permitted, provided the following conditions are met:
(a)
Minimum lot size shall be 10 acres.
(b)
No animal shelter or runway shall be located closer than 300 feet to any residential building other than the owner's.
(c)
The total number of dogs shall not exceed 25.
(d)
Parking. No less than one off-street parking space for each employee plus one space for each eight animals in capacity.
6.
A-6 Agricultural Sales/Farm Stands. Sales of farm products shall be conducted from a portable or permanent structure not exceeding 400 square feet in area, under the following conditions:
(a)
Only farm produce may be sold.
(b)
Farm produce shall be limited to plant material and crops harvested from plants.
(c)
At least 50% of the produce must be grown or raised on the property or in the immediate region of the property in question.
(d)
Any processed (frozen, canned, etc.) food for sale must have been grown or raised on the property or in the immediate region of the property in question.
(e)
Access to the tract must be controlled by physical means to limit access to two points. The access point shall be no more than 24 feet wide.
(f)
Sales buildings or stands shall comply with the minimum setback requirements of district.
(g)
Parking. No less than one off-street parking space for each 200 square feet of building floor area or a minimum of four spaces, whichever is greater. All parking shall be provided behind the legal right-of-way.
b.
Residential Uses.
2.
B-2 Twin House. A twin house is a single-family semi-detached dwelling within a two dwelling building, with only one wall in common with another dwelling, provided:
(a)
Parking. All parking shall comply with the Residential Site Improvement Standards (RSIS) as amended.
3.
B-3 Duplex. A duplex house is a detached dwelling within a two dwelling unit building, with one dwelling above the other, provided:
(a)
Parking. All parking shall comply with the Residential Site Improvement Standards (RSIS) as amended.
4.
B-4 Townhouse Duplex. A townhouse duplex is an attached or semi-detached dwelling within a multi-dwelling building, with one dwelling above the other. No more than two walls of each dwelling are in common with other such dwellings, provided:
(a)
Parking. All parking shall comply with the Residential Site Improvement Standards (RSIS) as amended.
5.
B-5 Townhouse. A townhouse dwelling is a single-family attached or semi-detached dwelling within a multi-dwelling building, with only one dwelling from ground to roof. No more than two walls of each dwelling are in common with other such dwellings, provided:
(a)
A maximum of five dwelling units in a row shall be permitted.
(b)
The total length of the row shall not exceed 120 feet.
(c)
To create architectural interest in the layout and character of housing fronting streets, variations in setbacks, materials and design shall be encouraged. In any case, a minimum of two feet variation in setback shall occur at least every third dwelling.
(d)
Parking. All parking shall comply with the Residential Site Improvement Standards (RSIS) as amended.
6.
B-6 Multiplex. A multiplex dwelling is an attached dwelling with a three to five dwelling building and with one dwelling above, side-by-side, or back-to-back, with another dwelling. The building has yards on all four sides.
7.
B-7 Single-Family Detached Cluster. A single-family detached cluster use shall include single-family detached dwellings as individual lots that are clustered to preserve open space, provided:
(a)
In the CM, AP-1, AP-2, CR, VR, and RM Districts, the provisions of B-1, Single-Family Detached Dwellings shall apply.
(b)
In the AP-1 and AP-2 Districts, cluster developments shall be located and designed to minimize intrusion upon the agricultural uses within the lot and the district. Specifically, the cluster shall be kept in tight configuration to minimize the edge of the development that abuts agricultural uses.
(c)
Parking. All parking shall comply with the Residential Site Improvement Standards (RSIS) as amended.
8.
B-8 Performance Subdivisions. A performance subdivision shall include a subdivision in which a mixture of types of residential dwelling units is encouraged to promote sound land planning and to provide a variety of housing choices and in which clustered development is encouraged to preserve open space, provided that the following regulations are met:
(a)
General Regulations.
(1)
Performance subdivisions shall be of a scale that will maintain the character of the appropriate district.
(2)
The adjacent properties shall be safeguarded by a minimum buffer of 100 feet;
(3)
The development shall consist of a harmonious grouping of buildings, service and parking area circulation, and open spaces, planned as a single unit, in such manner as to constitute a safe, efficient, and convenient residential site.
(4)
There shall be adequate provision for safe and efficient pedestrian and vehicular traffic circulation within the boundaries of the site.
(5)
Provision shall be made for safe and efficient ingress and egress to and from public streets and highways serving the site without undue congestion to or interference with normal traffic flow within the region;
(6)
All parking shall comply with the Residential Site Improvement Standards (RSIS) as amended.
(7)
If the development is to be carried out in progressive stages, each stage shall be so planned that the foregoing requirements and intent of this chapter shall be fully complied with by the development at the completion of any stage; and
(b)
Administration. The administration procedures for the application and approval of a performance subdivision shall be in accordance with the Municipal Land Use Law, Chapter 291, Laws of New Jersey as amended and the municipal subdivision and land development ordinance.
(c)
Required Dwelling Unit Mix. All performance subdivision shall conform to the standards for a mix of dwelling unit types minimum as set forth below. Dwelling unit types are specified for each district and are designated in Subsection (d) below.
Number of Dwelling in Development | Minimum Required Number of D.U. Types | Maximum Percent Any D.U. Type | Minimum Percent Any D.U. Type |
|---|---|---|---|
1-40 | 1 | 100 | 10 |
41-85 | 2 | 70 | 10 |
85+ | 3 | 40 | 10 |
(d)
Dwelling Unit Types Per District. The following dwelling unit types shall be permitted in any mix in accordance with Subsection (c) herein, except that no more than 40% of the total number of dwellings in the performance subdivision may be garden apartments, and with the following table delineating the dwelling types permitted for each district. From time to time new dwelling units evolve which are appropriate to the area. These are intended to be incorporated with the listed types, subject to dimensional requirements developed by the Township Planning Board and adopted by the local governing body.
Dwelling Unit Type | Multi-Family Residential |
|---|---|
Single family Detached, use B-1 | Permitted |
Twin House, use B-5 | Permitted |
Townhouse, use B-6 | Permitted |
Multiplex, use B-9 | Permitted |
9.
B-9 Residential Conversion. Such use shall include the conversion of an existing dwelling into more than one dwelling or the conversion of an accessory building into no more than one dwelling, provided:
(a)
The yard requirements for the district in which the use is located shall be met.
(b)
There shall be a maximum of one residential conversion per residential building per residential lot.
(c)
The following minimum floor areas per unit shall be required;
RM District | All Other Districts | |
|---|---|---|
Efficiency | 300 square feet | 600 square feet |
1 Bedroom | 400 square feet | 700 square feet |
2 Bedroom | 600 square feet | 950 square feet |
(d)
All conversions must comply with all applicable regulations of the State of New Jersey in addition to all local building codes and permit requirement of Union Township and Hunterdon County, as applicable.
(e)
The appearance of the conversions shall be in conformance with the existing structure regarding size, bulk, etc.
(f)
Exterior fire escapes and outside stairways shall be located at the rear or side of the building.
(g)
Documentation that the existing well and septic system can accommodate additional unit demands.
(h)
Parking. All parking shall comply with the Residential Site Improvement Standards (RSIS) as amended. In addition, the following standards shall be met:
(1)
No off-street parking shall be permitted in the front yard. Parking in the side and rear yards shall be visibly buffered from the street and the adjacent yards.
(2)
The intensity of development may be contingent upon the amount of parking permitted for any given lot. No parking shall be so extensive in proportion to the total area of any lot so as to detract from the residential character of the community. The maximum impervious surface ratio for the district may not be exceeded.
(3)
All drainage on-site shall be handled in accordance with the recommendations of the Municipal Engineer.
10.
B-10 Age Restricted Housing. Age restricted housing shall include a form of residential use that is designed and operated for mature adults with or without certain support facilities, provided:
(a)
Each applicant for permission to build and/or operate such housing shall submit to the governing body for its approval a proposed set of regulations to control such operation, including definition of age and income limitations of residents, any other restrictions to be placed upon the residents or their activities, admissions procedures, and security provisions, and setting forth the policy to be used in determining the amount of rental and other charges to the residents. The applicant must show, in order to qualify, that single prospective residents have attained the age of at least 55 years or that families to occupy such units are families whose heads or their spouses are at least 55 years of age or are under a disability as defined in Section 223 of the Social Security Act. A statement shall also be included with each application setting forth what particular features and facilities are being provided to serve specifically the needs and interests of the residents.
(b)
The tract to be used for this purpose shall not exceed 10 acres unless all acreage above 10 is set aside as open space and is not included in the maximum permissible number of units and calculations of total lot impervious surfaces.
(c)
The area of the tract added to the areas of all other tracts which have been approved for the same use under this subsection of the chapter, or for which approval is pending, shall not exceed 50 acres.
(d)
The tract shall have ready access, by means of streets with sidewalks or alternate walkways, to existing commercial and professional areas.
(e)
All design and dimensional standards set forth in § 30-7.1 of this chapter shall apply for all housing types permitted in the RM Multi-family Residential Districts.
(f)
Parking. All parking shall comply with the Residential Site Improvement Standards (RSIS) as amended.
11.
B-11 Community Residence. Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, community residences for persons with head injuries, adult family care homes for elderly persons and physically disabled adults and all other entities which may, in the future, be set forth in N.J.S.A. 40:55D-66.1, N.J.S.A. 40:55D-66.2 and N.J.S.A. 26:2Y-7 are permitted uses in all residential districts of the Township. The requirements for said uses shall be the same as for single-family dwelling units located within such districts.
12.
B-12 Continuing Care Facilities. In all continuing care facilities, a minimum of 20% of total units shall be provided for low and moderate income households, in accordance with the following requirements:
(a)
All inclusionary developments shall restrict the low and moderate income units for a period of not less than 20 years.
(b)
To the greatest extent practicable, the average price of low and moderate income units shall be affordable to households with an annual income equal to 57.5% of the regional median income. Allowable housing expenses shall be equal to no more than 28% of qualified income for purchased housing and 30% of qualified income for rental housing.
(c)
To the greatest extent possible, the range of affordability shall conform to the following schedule for every 20 low and moderate income units, which will result in approximately 50% of units for low income households and 50% for moderate income households:
(1)
One unit for households whose incomes are between 40% and 42.5% of the regional median income (low income).
(2)
Three units for households whose incomes are between 42.6% and 47.5% of the regional median income (low income).
(3)
Six units for households whose incomes are between 47.6% and 50% of the regional median income (low income).
(4)
One unit for households whose incomes are between 57.6% and 64.5% of the regional median income (moderate income).
(5)
One unit for households whose incomes are between 64.6% and 68.5% of the regional median income (moderate income).
(6)
One unit for households whose incomes are between 68.6% and 72.5% of the regional median income (moderate income).
(7)
Two units for households whose incomes are between 72.6% and 77.5% of the regional median income (moderate income).
(8)
Four units for households whose incomes are between 77.6% and 80% of the regional median income (moderate income).
(d)
No individual use shall contain more than 250 dwelling units.
(e)
The maximum permitted density of development shall not exceed seven dwelling units per acre.
(f)
Not more than 10% of the dwelling units constructed shall contain more than one bedroom.
(g)
A minimum of 0.8 parking space shall be provided per dwelling unit. The provisions of § 30-7.2 of the Zoning Ordinance shall also be applicable.
(h)
Direct access to a higher order road such as a major or minor arterial and residential collector street shall be provided.
(i)
The facility shall comply with all applicable State and Federal regulations.
c.
Religious, Educational, Recreational, and Institutional Uses.
1.
C-I Place of Worship. Such use shall include a church, synagogue, temple, mosque, or other place of worship intended for conducting organized religious services and associated accessory uses, provided:
(a)
Access shall be to a collector or arterial highway as delineated in the Municipal Master Plan, as adopted.
(b)
The minimum lot size for places of worship shall be the minimum lot size as permitted for other uses per each applicable district, or five acres, whichever is greater.
No lot shall be less than the minimum required in that zone.
(c)
Minimum Yards. The minimum yards for the zone where the place of worship is proposed to be located shall be maintained, except that where said use abuts a residential use, the minimum side yard shall be doubled.
(d)
Parking. One off-street parking space for each four seats provided, plus one additional space for each full time employee. All parking shall be screened in accordance with § 30-7.2, herein
(e)
Sufficient parking for events shall be available on site. The parking area shall be temporary and pervious. No street parking shall be permitted.
2.
C-2 School. A school shall include a private school, religious or nonreligious, and a public school which is not conducted as a private, gainful business, and is licensed under the proper governmental authority, provided:
(a)
The minimum lot area shall be 10 acres, plus one acre for each 100 students of projected maximum enrollment of the school.
(b)
Access shall be into an arterial or collector road as delineated in the Municipal Master Plan.
(c)
Outdoor play areas shall be screened so as to buffer adjacent residential neighborhoods.
(d)
Parking.
(1)
Kindergarten and/or Pre-School. No less than one off-street parking space for each faculty member, each member of the administrative staff and other employees plus two additional spaces per classroom, plus the safe and convenient area for the loading and unloading of students.
(2)
Elementary School. No less than one off-street parking space for each faculty member, each member of the administrative staff and other employees plus one space per two classrooms and offices, plus the safe and convenient area for the loading and unloading of students.
(3)
High School. Ten spaces for each classroom, or one space for every three seats in the primary assembly area, whichever is greater, plus the area for the safe and convenient loading and unloading of students.
3.
C-3 Commercial School. Such use shall include a trade, professional, martial arts, performing arts, or similar type uses provided:
(a)
Parking. No less than one off-street parking space per faculty member, each member of the administrative staff and other employees, plus two spaces per three students. A safe and convenient area for the loading and unloading of students, equipment and material shall also be provided. All parking shall be screened in accordance with § 30-7.2, herein.
4.
C-4 Library or Museum. Such use shall include a library or museum open to the public or connected with a permitted educational use and not conducted as a private, gainful business, provided:
5.
C-5 Recreational Facility. Such use shall include a recreational facility, wildlife refuge, or park, owned or operated by the municipality, or other governmental agency, provided:
(a)
No outdoor active recreational area shall be located nearer to any lot line than 100 feet.
(b)
Outdoor play areas shall be adequately buffered.
(c)
A concession stand structure or structures shall be allowed as an accessory structure in recreational facilities operated by a municipality or other governmental agency.
6.
C-6 Athletic Facility. Such use shall include a recreational facility owned or operated by a nongovernmental agency, including buildings for indoor court games played with a ball such as racquetball, handball, squash, tennis, basketball, and volleyball, and facilities related thereto, provided:
(a)
The minimum lot size shall be the minimum lot size as permitted for other uses per each applicable district.
(b)
No outdoor active recreational area shall be located nearer to any lot line than 100 feet.
(c)
Outdoor play areas shall be adequately buffered.
(d)
Parking.
(1)
No less than one off-street parking space for each five persons of total design capacity of the facility or at least one off-street parking space for each 100 square feet of floor area used or intended to be used for service to customers, patrons, clients, guests, or members, whichever requires that greater number of off-street parking spaces, plus one additional space for each employee. All parking shall be screened in accordance with § 30-7.2, herein.
7.
C-7 Golf Course. A golf course may include a clubhouse, restaurant, and other accessory uses, provided these are clearly accessory to the golf course, and is subject to the following provisions:
8.
C-8 Private Club. A private club is a nonprofit association supported by dues or fees imposed on a uniform basis upon all members and paid at least in part for membership status rather than for periodic use of the club's facilities; includes, but is not limited to, fraternal, school, athletic, or other associations, with rules, bylaws, charter, or local or national affiliation and is based on membership of persons with common interests, pursuits, or purposes and is subject to the following additional provisions:
The minimum lot size shall be the minimum lot size as permitted for other uses per each applicable district, or three acres, whichever is greater.
(a)
The use shall be for members and their authorized guests only.
(b)
Parking. No less than one off-street parking space for every five members of total design capacity of the facility or at least one off-street parking space for each 100 square feet of floor area used or intended to be used for service to customers, patrons, clients, guests, or members, whichever requires the greater number of off-street parking spaces, plus one additional space for each employee. All parking shall be screened in accordance with § 30-7.2, herein.
9.
C-9 Community Center. A community center is an educational center or other similar facility operated by a non-profit educational, philanthropic, or religious institution, subject to the following additional provisions:
(a)
The minimum lot size shall be the minimum lot size as permitted for other uses for each applicable district, or three acres, whichever is greater.
(b)
No outdoor recreational area shall be located nearer to any lot line than 100 feet.
(c)
Parking. No less than one off-street parking space for each four seats provided for patron use, or at least one off-street parking space for each 100 square feet of floor area used or intended to be used for service to customers, patrons, clients, guests, or members, whichever requires the greater number of off-street parking spaces, plus one additional space for each employee. All parking shall be screened in accordance with § 30-7.2, herein.
10.
C-10 Child Care Center. Such use is a day nursery, nursery school, or other similar use giving day care to children as defined herein, subject to the following additional provisions:
(a)
The minimum lot area shall be the minimum lot size as permitted for other uses in each applicable district.
(b)
The subject use shall be a principal use in all permitted districts, and may be an accessory use to a C-1 place of worship, C-5 recreational facility, C-8 private club, C-9 community center, or any D office use.
(c)
A maximum of 20 children shall be permitted.
(d)
A minimum indoor play area of at least 100 square feet per child shall be provided with adequate sanitary facilities. In addition, an outdoor play area of at least 100 square feet per child shall be provided in the rear yard of the subject lot and said play area shall be enclosed with a forty-eight-inch high fence and said play area shall be a minimum of 25 feet from any side or rear lot line. The play area shall be adequately buffered.
(e)
Parking. No less than one off-street parking space for each faculty member, each member of the administrative staff, and other employees plus two additional spaces per classroom. Adequate access for pickup and drop off shall also be required. All parking shall be screened in accordance with § 30-7.2, herein.
11.
C-11 Nursing Home. Such use shall include a licensed nursing or convalescent home, subject to the following additional provisions:
12.
C-12 Cemetery. A cemetery shall include a burial place or graveyard, including a mausoleum, crematory, or columbarium, provided:
(a)
Cemetery Area and Bulk Regulations.
(1)
The minimum lot size shall be 25 acres.
(2)
No more than 10% of the entire area, to a maximum of five acres, may be devoted to above ground buildings not serving as burial markers or memorials, such as business and administrative offices, chapels, and maintenance facilities. This restriction includes parking facilities.
(3)
For all accessory buildings the setback line requirements shall be the same as for single-family detached dwellings in the zone in which cemetery is located.
(4)
A twenty-foot buffer strip, unoccupied except for landscaping and walkways, shall be provided between building or burial site and the cemetery property line.
(5)
The side yard for all accessory buildings shall be the same as that required for dwellings in the zone in which the cemetery is located.
(6)
If the cemetery area exceeds 50 acres, one dwelling, to be used for custodial personnel, may be permitted. If the cemetery area is less than 50 acres, there shall be no dwellings.
(b)
Cemetery Design Standards.
(1)
All monuments, headstones, grave markers, etc. shall be flush with the grade.
(2)
The maximum height of mausoleums, columbariums, and other burial structures shall be 15 feet.
(3)
The maximum height of accessory buildings, including dwelling units where permitted shall be two stories or 25 feet. (See Cemetery, use C-12, Subsection 12a(2) above for examples of accessory buildings.)
(4)
For all entrance features, including gates, fountains, statuary, identification signs, and the like.
(i)
There shall be not more than two identification signs at such entrance, and the same shall conform to § 30-8.
(ii)
The main portion of entrance features shall be located at least 10 feet from the nearest right-of-way line of any public street.
(iii)
No such entrance features shall exceed 12 feet in height.
13.
C-13 Municipal Building. Such use shall include such structures necessary for the operation of the municipality such as but not limited to a municipal administration building or road maintenance facility, provided:
14.
C-14 Correctional Institution. Such use shall include a State-operated correctional institution.
15.
C-15 State Police Barracks. Such use may include offices, storage areas, communications facilities, maintenance facilities, sleeping accommodations for employees, and other facilities as needed for State police operations, provided:
All maintenance and parking areas shall be screened in accordance with § 30-7.2, herein.
d.
Office Uses.
1.
D-1 Professional Services. Professional services shall include the offices of a physician, lawyer, optometrist, clergyman, teacher, dentist, architect, engineer, insurance agent, real estate broker, and manufacturer's representative, and similar professional offices which do not include the actual storage, exchange, or delivery of merchandise in the premises, provided:
2.
D-2 Medical Clinic. Such use shall include a building or buildings with multiple offices for more than one physician or dentist for examination or treatment of persons as out patients and laboratories incidental thereto, provided:
3.
D-3 Office. Such use shall include low intensity medical, professional, administrative and government office uses such as accountants, insurance brokers, realtors, fiscal agents, engineers, architects, teachers, attorneys, and medical professionals, provided:
4.
D-4 Research. Such uses shall include a research or testing facility, and an experimental laboratory, provided:
(a)
Parking. No less than 10 off-street parking spaces for every nine employees, or one space for every 1,000 square feet of gross floor area, whichever requires the greater number of spaces, plus one space for each company vehicle normally stored on the premises. All parking shall be screened in accordance with § 30-7.2, herein.
e.
Retail and Consumer Services Uses.
1.
E-1 Retail Shop. Establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods, provided:
2.
E-2 Service Business. Establishments primarily engaged in providing assistance, as opposed to products, to individuals, business, industry, government, and other enterprises, including hotels and other lodging places, personal, business, repair, and amusement services, health, legal, engineering, and other professional services, educational services, membership organizations, and other miscellaneous services, provided:
3.
E-3 Financial Establishment. Establishments such as banks and savings and loans, credit agencies, credit unions, investment companies, brokers and dealers of securities and commodities, and security and commodity exchanges, provided:
4.
5.
E-5 Repair Shop. A repair shop shall include any business for the repair of such items as electrical repair, electronic and precision equipment repair and maintenance, watch, clock, and jewelry repair, reupholstery and furniture repair, blacksmith shops, camera repair, gunsmith shops, lawnmower repair shops, and luggage repair shops, footware and leather goods repair.
6.
B-6 Hotel. A commercial facility offering transient lodging accommodations to the general public and providing additional services, such as restaurants, meeting rooms, entertainment, and recreational facilities, provided:
(a)
Within the Village Commercial VC Districts, the maximum of such rented rooms shall be 15; within the Planned Commercial PC District, the minimum number of rooms shall be 20.
(b)
The use must have direct access to a collector or arterial street.
(c)
Units in such facilities shall contain a minimum of 200 square feet of floor space, with a minimum of two rooms: a bedroom and a separate bathroom equipped with a flush water closet, a lavatory basin, and a bathtub or shower, all properly connected to a water and septic system.
7.
E-7 Inn. A commercial facility that shall include a building or group of buildings containing rooms for the accommodation of transient guests, chiefly motorists, for compensation, plus an eating place, provided:
(a)
Within the Village Commercial VC District and the Planned Commercial PC District, the maximum of such rented rooms shall be 15.
8.
E-8 Bed and Breakfast. Overnight accommodations and a morning meal in a dwelling unit provided to transients for compensation. Breakfast is limited to guests only and the owner of the bed and breakfast must reside on the premises.
9.
E-9 Entertainment. An establishment engaged in providing entertainment for a fee and including such activities as a dance hall, a bowling alley, skating rink, billiard hall, movie theater, theatrical productions, arcades, driving range, or other similar uses, provided:
(a)
The minimum lot area shall be four acres.
10.
E-10 Tavern. Such use shall include an establishment which serves alcoholic beverages for on-premises consumption and which is licensed by the State of New Jersey, provided:
11.
E-11 Convenience Shopping. Such use shall include individual stores or a group or planned cluster of stores intended for quick carry-out trade such as a small grocery, delicatessen, newsstand, laundry, etc., provided:
12.
E-12 Veterinary Office or Clinic. Such use shall include the office of veterinarian with accessory animal kennel. In no event shall animal kennels be allowed as a primary use. Such use shall be subject to the following provisions:
(a)
Such use shall require a minimum of 10 acres if it includes a kennel or the outdoor boarding of dogs. In such event no animal runway or outdoor pen shall be located closer than 300 feet to any residential building other than the owner's.
13.
E-13 Farmer's Market. A market consisting of booths and stalls which is organized, owned, and operated by farmers to sell produce and farm products to the general public. A farmer's market is a conditional use permitted only in the PC Planned Commercial District, provided:
(a)
The minimum lot area is two acres;
(b)
A maximum of 500 square feet of selling area for anyone one individual farmer or retailer shall be permitted;
(c)
Sales are limited to farm products and services, craftsman produced goods and food services.
(d)
A minimum stall size of six by nine feet with aisle widths of 12 feet.
14.
E-14 Fabrication and Light Assembly. Such uses shall include but not be limited to the production, processing, cleaning, and testing of materials, goods, foodstuffs, and products, provided:
(a)
Parking. No less than 10 off-street parking spaces for every nine employees, or one space for every 1,000 square feet of gross floor area, whichever requires the greater number of spaces, plus one space for each company vehicle normally stored on the premises. All parking shall be screened in accordance with § 30-7.2, herein.
15.
E-15 Electronic Publishing. Such use shall include electronic printing, publishing, and binding, provided:
Parking. No less than 10 off-street parking spaces for every nine employees, or one space for every 1,000 square feet of gross floor area, whichever requires the greater number of spaces, plus one space for each company vehicle normally stored on the premises. All parking shall be screened in accordance with § 30-7.2, herein.
f.
All Common Carriers, Public Utilities, and Public Service Organizations.
1.
F-1 Utility Operating Facility. Such use shall include a transformer station, pumping station, relay station, substation, sewage treatment plant, and any similar or related installation, unless otherwise specified herein, not including a public incinerator and public or private landfill, provided:
(a)
Such installation is essential to serve the Township of Union;
(b)
No public business office or any storage yard or storage building is operated in connection with the use;
(c)
No facility nor projecting area thereof as viewed in the plan view shall occupy greater than 10% of the property upon which it is located;
(d)
A fifty-foot buffer yard shall be provided along all property lines in accordance with the buffer requirements in § 30-7, herein;
(e)
There shall be an impact statement which shall evaluate the impact of the proposed land use on the district and on surrounding land uses. Such statement shall include assessments of the impacts of the following:
2.
F-2 Emergency Services. Emergency services shall include fire, ambulance, rescue, and other emergency services of a municipal or volunteer nature.
(a)
For facilities without a community room, there shall be a minimum lot size of 1.5 acres.
(b)
For facilities with a community room, there shall be a minimum lot size of three acres.
(c)
Parking. No less than one off-street parking space for every employee on the two major shifts at maximum employment, or four off-street parking spaces for each fire truck where no community room is part of the building, whichever requires the greater number of parking spaces. Where a community room is provided, two off-street parking spaces for each fire truck plus one off-street parking space for each 100 square feet of gross floor area. All off-street parking requirements shall be determined by the number of trucks, if there is no community room on the premises, or the requirements for community rooms, if it applies. All parking areas shall be screened in accordance with § 30-7.2, herein.
3.
F-3 Railroad. Such use shall include railroad lines and facilities such as switching devices, signal towers, power services and other passenger and freight installations.
4.
F-4 Essential Services. Essential services shall include the erection, alteration or maintenance by public utilities or municipal or other governmental agencies of underground, surface or overhead gas, electrical, steam or water transmission systems, including poles, wire, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, light stations, telephone lines, hydrants, railroad lines and other similar equipment and accessories reasonably necessary for the furnishing of adequate service by such public utility or governmental agency for the public health, safety and welfare.
5.
F-5 Wireless Telecommunication Antennas, Equipment and/or Towers. Buildings and/or structures for the delivery of low power wireless radio telecommunications through a network, provided:
(a)
An applicant to construct a new wireless telecommunications tower shall present documentary evidence regarding the need to locate cellular antennas within the Township of Union. This information shall identify the cellular network layout and coverage areas to demonstrate the need for such equipment within the Township of Union.
(b)
An applicant proposing to erect a new wireless telecommunications tower shall provide documentary evidence that a legitimate attempt has been made to locate the antennas on existing buildings or structures. Such evidence shall include a radio frequency engineering analysis of the potential suitability of existing buildings or structures in the search area for such antennas. Efforts to secure such locations proving to have an acceptable correspondence between the wireless telecommunications provider and the property owner(s) of the existing buildings or structures. The Township reserves the right to engage a professional radio frequency engineer to review such documentation. The fee for the professional radio frequency engineer retained by the Township shall be paid out of the applicant's escrow funds.
(c)
Applicants proposing to construct new wireless telecommunications towers shall document the locations of all existing telecommunications towers within the Township of Union and surrounding municipalities with coverage in the Township as well as the closest such facilities in all directions and shall provide competent testimony by a radio frequency engineer regarding the suitability of potential co-locations in light of the suitable co-location on an existing tower is found to exist, but an applicant is unable to secure an agreement to co-locate its equipment on such tower, the applicant shall provide written evidence of correspondence with the owner of such tower verifying that suitable space is not available on the existing tower and giving the reasons therefor.
(d)
When an applicant to construct a new wireless telecommunications tower demonstrates to the satisfaction of the Board that suitable locations on existing buildings or structures either do not exist or are not available, the applicant may erect a new telecommunications tower according to the following requirements:
Minimum lot size | 5 acres |
Minimum setback of tower and equipment compound from any property line and from existing structures on-site | 1.5 times height of tower |
Maximum tower height multiple vendors | 140 feet |
(e)
Antenna Modifications, Tower Certification and Abandonment.
(1)
Operators of wireless telecommunications tower shall provide to the Township of Union an annual report from a licensed professional engineer certifying the structural integrity of the tower together with all antennas mounted thereon, and that such facilities meet applicable minimum safety requirements and applicable Federal and State radio-frequency emission standards. Such report shall also be provided whenever antenna arrays are modified, and shall include a detailed listing of all antennas and equipment so certified. Vendors shall also be required to notify the Township of Union when the use of antennas and/or equipment is discontinued.
(2)
Wireless telecommunications towers which have not been in use for wireless telecommunications purposes for six months shall be removed by the property owner. This removal shall occur within 90 days of the end of such six-month period. Upon removal, the site shall be cleaned, restored, and revegetated to blend with the existing surrounding vegetation. The facility owner or property owner shall post a bond in a form acceptable to the Township Attorney or cash deposit at time of site plan approval to cover the costs of tower removal and site restoration. The amount of the bond or cash deposit shall include anticipated cost escalations. Any and all additional or unanticipated costs of the tower removal, including the full cost in the event the bond has expired, shall be the responsibility of the property owner. The property owner's signature consenting to the application shall indicate acceptance of such responsibility under this subsection.
(f)
Co-location Required. Authorization for the construction of any new wireless telecommunications tower shall be conditioned on agreement by the tower owner that other wireless telecommunications service providers will be permitted to co-locate antennae on the proposed tower and to co-locate equipment buildings within the limits of structural and radio frequency engineering requirements and at rates which reflect the fair market value for such services. As part of any application for new tower approval, the applicant shall document the extent to which additional antennae, which could be accommodated as well as the ability to accommodate the equipment building(s) for such antennae within the equipment compound.
(g)
Access. The equipment compound shall have access to a public street by means of a driveway constructed in accordance with the Township's Driveway Ordinance.
(h)
Lighting. Security lighting shall be shielded downward and inward toward the equipment compound to prevent direct light or glare from encroaching onto neighboring properties and streets. Said lighting must be activated by motion sensors and/or remote control to preclude continuous lighting of the premises.
(i)
Soundproofing. All equipment, including emergency generators, shall be located within a soundproofed structure, such that there will be no impact on existing sound levels measured at the property lines.
(j)
Visual Compatibility Requirements for the Installation of Wireless Telecommunication Antennas. Wireless telecommunication antennas may be erected in existing buildings or structures, and an equipment compound may be constructed in support of such antennas, consistent with the following requirements:
(1)
Antenna arrays shall, wherever possible, be mounted on existing buildings or structure(s) but shall not extend beyond the overall height of any such building or structure by more than 20 feet.
(2)
An equipment compound consisting of up to 750 square feet in area may be erected in support of such antenna arrays provided:
(i)
The equipment compound shall be surrounded by a chain-link fence at least six feet and no more than eight feet high as approved by the Township Engineer which fence shall include a locking security gate.
(ii)
The equipment compound shall be situated behind existing structures, buildings or terrain features which will shield the compound from public view; or
(iii)
A landscaped buffer of 30 feet in width shall be provided around the outside of the compound to completely shield the building and fencing from public view. Landscaping shall include evergreen trees at least 10 feet high at the time of planting and planted in staggered double rows 15 feet on center, or equivalent, and a continuous hedge at least 30 inches high at time of planting and capable of growing to at least 36 inches in height within 18 months.
(3)
Antennas installed according to these provisions shall be suitably finished and/or painted so as to minimize their visual impact on the landscape. Depending on the placement of the equipment, color shall be selected to be consistent with the color scheme of the building or structure on which the antennas are mounted, in order to blend with the surroundings. When this is not possible, color selection shall be designed subject to the Board's approval to minimize the visual impact of the antenna arrays.
(k)
Registering of New Wireless Telecommunications Antennas Required. Prior to any new wireless telecommunication antenna being installed on an existing telecommunication tower that has been duly approved by the Township, the provider shall make application to register such antennas, on a form provided by the Township. Such permit shall not require review by the Planning Board per the provisions of this subsection, provided that no new wireless telecommunications tower, as defined herein, is to be erected as part of the application. Failure to comply with this provision shall be a violation of this subsection and shall be subject to a fine of $100 per day.
6.
F-6 Renewable Energy Facility.
(a)
Solar and Photovoltaic Facilities.
(1)
General Requirements. The following general requirements shall apply to solar and photovoltaic facilities, regardless of whether they are accessory or principal uses.
(i)
Solar facilities shall be permitted to be ground mounted and mounted to principal and accessory structures and buildings.
(ii)
Ground-mounted solar facilities which are accessory uses shall not exceed an area of 6,000 square feet.
(iii)
Ground-mounted solar facilities which are principal uses shall not exceed 50% lot coverage.
(iv)
The following standard shall apply when a proposal for a ground-mounted solar facility exceeds a ratio of 1:5 for the area which the facility is constructed and installed on to the area used for another purpose(s), or when the facility is constructed and installed on an area of 10 acres or greater, whichever is first applicable:
[a]
The facility shall be principal use. Smaller facilities (pursuant to the above) shall be accessory uses.
(v)
All roof-mounted solar facilities shall be accessory uses.
(vi)
Solar facilities shall not be counted in the calculation of maximum lot coverage or maximum impervious cover, unless the area under the facility (excluding the footings) consists of an impervious material, such as pavement. Nevertheless, the design of the systems shall comply with all Township stormwater, grading, and soil disturbance regulations.
(vii)
Ground-mounted solar facilities contained within an area of 1,000 square feet (including the aggregate area of multiple systems) to 10 acres shall require minor site plan approval prior to obtaining a zoning permit; smaller systems shall not require site plan approval. Systems greater than 10 acres in size shall require preliminary and final site plan approval prior to obtaining a zoning permit.
(viii)
Solar facilities which generate more than 125% of the average energy demand for the property calculated over the past three years shall require preliminary and final site plan approval.
(ix)
Solar facilities which generate more than 125% of the average energy demand for the property calculated over the past three years are principal uses.
(x)
Ground-mounted solar facilities greater than 1,000 square feet shall provide one or more of the following beneath the structures: meadow grasses or agricultural area for crops or grazing farm animals.
(xi)
Site disturbance including but not limited to, grading, soil removal, excavation, and soil compaction, including beneath a ground-mounted system, shall be minimized to the extent practical.
(xii)
Mounting of the solar structures shall be accomplished without the use of footings, concrete, or other impervious surfaces.
(xiii)
Roadways within the site shall not be constructed of impervious materials and shall be designed to minimize the extent of roadways constructed and associated soil compaction.
(xiv)
Wooded sites may not be clear cut to construct renewable energy facilities.
(xv)
Applicants are encouraged to enter into solar easements with neighboring property owners in order to ensure continuing access to sunlight for solar facilities.
(xvi)
All electrical and control equipment shall be labeled and secured to prevent unauthorized access.
(xvii)
There shall be no signs that are visible from any public road posted on a solar facility or any associated building or structure, except for the manufacturer's or installer's identification, appropriate warning signs, or owner/operator identification.
(xviii)
Noise generated by any portion of the renewable energy facility including inverters shall not exceed 55 dBA during the day and 40 dBA at night at the property line and shall not be audible within schools both public and private, within houses of worship, in neighboring day care facilities or residential dwellings.
(xix)
A permit issued pursuant to this ordinance shall expire if:
[a]
The solar or photovoltaic facility is not installed and functioning within 24 months from the date the permit is issued; or
[b]
The solar or photovoltaic facility is out of service or otherwise unused for a continuous eighteen-month period.
[c]
A solar or photovoltaic facility that is out-of-service for a continuous twelve-month period will be deemed to have been abandoned.
[d]
The Township may issue a Notice of Abandonment to the owner of a solar or photovoltaic facility that is deemed to have been abandoned. The notice shall be sent return receipt requested.
[e]
The owner shall have the right to respond to the Notice of Abandonment within 30 days from Notice receipt date.
[f]
If the owner provides information that demonstrates the solar or photovoltaic facility has not been abandoned, the Township shall withdraw the Notice of Abandonment and notify the owner that the Notice has been withdrawn.
[g]
If the Township determines that the solar or photovoltaic facility has been abandoned, the owner of the solar or photovoltaic facility shall remove the photovoltaic panels, inverters, interconnection hardware, substations, racking or mounting structures, fencing, and all other structures and equipment at the owner's sole expense within six months after the owner receives the Notice of Abandonment.
[h]
If the owner fails to remove the equipment in the time allowed under Subsection [g] above, the Township may pursue legal action to have the solar or photovoltaic facility removed at the owner's expense.
(xx)
Where site plan approval is required, in addition to those items required for an application to be deemed complete, a site plan application shall depict the following:
[a]
Location of proposed and existing overhead and underground utility and transmission lines.
[b]
Location of any proposed or existing substation, inverter, transformer or equipment enclosures.
[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 system or the electrical system of the intended energy user.
[e]
For projects over two megawatts, the location and elevations of all transmission lines, support structures and attachments to a substation(s).
[f]
Location of existing hedgerows and vegetated windbreaks.
[g]
Landscape maintenance plan which demonstrates how the ground cover and screening plantings will be maintained.
[h]
Decommissioning plan documenting how the property will be restored once the renewable energy facility has been removed and an estimate of the cost of decommissioning.
[i]
Major site plan submissions shall include a glint and glare study documenting no adverse impacts on neighboring properties or rights-of-way.
[j]
Major site plan applications shall include an acoustical analysis.
[k]
For projects over two megawatts, documentation detailing the available capacity of the existing electric infrastructure in the region and the amount of that capacity the project will absorb.
[l]
For projects over two megawatts, interconnection agreement with PJM.
(2)
Principal Use Requirements. The following requirements shall apply to solar and photovoltaic facilities where they are conditional principal uses considered to be solar farms.
(i)
The site shall not be located in an Agricultural Development Area (ADA) or the property shall be the subject of a development approval whose vested rights may or may not be valid.
(ii)
Minimum lot size shall be 20 contiguous acres.
(iii)
The following setbacks shall apply to ground-mounted systems:
(iv)
The following minimum screening requirements shall be met. However, notwithstanding the minimum requirements, the applicant shall demonstrate, to the satisfaction of the approving Board, that the proposed screening provides a year round visual screen of the facility from neighboring residential properties. Additional screening may be needed to meet this requirement or the design and location of the solar facility shall be revised to mitigate the visual impact upon the neighboring residential properties.
[a]
Neighboring residential uses shall be defined for this purpose as those properties which abut the subject site, those properties which are located directly across the street from the subject site or, in the case of hillsides or mountainsides over-looking the subject site, properties within 500 feet of the subject site.
[b]
Substations and other associated transmission structures shall be screened with a double row of evergreen plantings with a minimum height of eight feet.
[c]
Existing hedgerows or vegetated windbreaks that provide screening of the subject site from neighboring properties shall be retained and augmented unless waived by the approving Board.
(v)
Fencing shall be required at a height of six feet on nonresidential properties where deemed by the approving Board to be necessary for health, safety or welfare.
(vi)
Ground-mounted systems shall not be located in wetlands, floodplains, riparian areas, historic districts, or viewshed corridors and shall be subject to all New Jersey Department of Environmental Protection regulations and permitting.
(vii)
Ground-mounted systems shall not be located on properties with greater than 25% prime agricultural soils.
(viii)
Sites shall not be clear cut to construct solar facilities.
(ix)
In order to support the goal of providing for large contiguous tracts of farmland within the Township grid-scale renewable energy facilities shall not be located on lots which are adjacent to preserved farmland.
(3)
Accessory Use Requirements. The following requirements shall apply to solar and photovoltaic facility accessory uses whether they are residential scale renewable energy facilities or accessory to commercial uses.
(i)
Solar and photovoltaic panels shall be permitted to be mounted to principal and accessory structures and buildings or ground mounted.
(ii)
A zoning permit must be issued for all systems.
(iii)
Roof-mounted systems shall be mounted parallel to the roof angle and shall not exceed a height of 12 inches above the roofline and shall not extend above the ridge of the roof. Notwithstanding, systems shall not exceed the maximum building height in the zone district.
(iv)
Ground systems shall meet the side and rear yard setback standards for accessory structures in the zone which the structure is located.
(v)
Ground systems shall not be located between a building line and a public street (i.e. ground systems shall not be located in a front yard).
(vi)
Ground-mounted systems contained within an area of 1,000 square feet or greater shall be screened from public rights-of-way and residential uses. A solid screen of plantings shall be provided along rights-of-way and plantings or a solid fence shall be provided along property lines shared with a residential zone district. The minimum height of the screening shall be five feet. Existing vegetation shall be retained to the extent practical.
(vii)
(Reserved)
(4)
Farm Scale Renewable Energy Generating Facilities, Solar. These conditions relate to farm scale solar applications whether they are nonpreserved farms or preserved farms.
(i)
Ground-mounted systems which are rated to generate 10 kilowatts of electricity or greater shall require minor site plan approval prior to obtaining a zoning permit. Systems covering greater than 10 acres are prohibited.
(ii)
On nonpreserved, agriculturally-assessed farms, ground-mounted facilities shall be permitted on a farm management unit at a ratio of one acre devoted to the solar facility to five acres devoted to agriculture 16 2/3% or a maximum of 10 acres taken out of agricultural production whichever first applies. This area shall be calculated including required roadways and buffers. In no case shall a facility be rated to generate more than two megawatts of electricity.
(iii)
A preserved farm renewable energy generating facility shall be permitted at a scale of energy production not to exceed 110% of the previous year's energy demand for the farm management unit or may cover a maximum of 1% of the total acreage of the farm management unit whichever is greater. In no case shall a facility be rated to generate more than two megawatts of electricity.
(iv)
Ground-mounted farm scale facilities which are to be located as accessory uses on agriculturally-assessed farms or preserved farms shall be placed as far from public rights-of-way and viewsheds in the most visually remote areas as possible.
(v)
All farm scale solar energy generating facilities shall comply with the State Agricultural Development Committee (SADC) agricultural management practice for solar energy generation. The SADC has established an agricultural management practice (AMP), or standards, which commercial farms must meet to be eligible for right-to-farm protection for the on-farm generation of solar energy. This rule was required to implement legislation that extends the protections of the Right to Farm Act to the generation of solar energy on commercial and preserved farms within certain limits. The rule can be found on the SADC website at http://www.state.nj.us/agriculture/sadc/ruleprop/.
(vi)
In no case shall such facilities be located closer than 300 feet to any residential improvement on an adjacent lot.
(vii)
The energy generating facility location shall avoid prime agricultural soils.
(b)
Wind Energy Facilities.
(1)
General Requirements. The following general requirements shall apply to wind facilities, regardless of whether they are accessory or conditional uses.
(i)
Small wind energy systems shall be considered accessory uses. Wind energy facilities that do not meet the definition of a small wind energy system shall be considered principal uses.
(ii)
Wind energy facilities that do not meet the definition of small wind energy systems shall require preliminary and final site plan approval.
(iii)
System height shall be defined as the height above grade of the tower plus the wind generator.
(iv)
Tower height shall be defined as the height above grade of the fixed portion of the tower, excluding the wind generator.
(v)
All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.
(vi)
The tower shall be designed and installed so as not to provide step bolts, a ladder, or other publicly accessible means of climbing the tower, for a minimum height of eight feet above the ground.
(vii)
Small wind energy systems that connect to the electric utility shall comply with the New Jersey's Net Metering and Interconnection Standards for Class I Renewable Energy Systems at N.J.A.C. 14:4-9.
(viii)
A Met tower shall be permitted under the same standards, permit requirements, restoration requirements and permit procedures as a small wind energy system.
(ix)
All electrical and control equipment shall be labeled and secured to prevent unauthorized access.
(x)
There shall be no signs that are visible from any public road posted on a wind energy system or any associated building or structure, except for the manufacturer's or installer's identification, appropriate warning signs, or owner identification.
(xi)
Noise generated by any portion of the renewable energy facility shall not exceed 55 dBA at the property line during the day and 40 dBA at night and shall not be audible within schools both public and private, within houses of worship, in neighboring day care facilities or residential dwellings.
(xii)
Permit Requirements.
[a]
A zoning permit shall be required for the installation of a small wind energy system.
[b]
The zoning permit application shall be accompanied by a plot plan which includes the following:
[1] | Property lines and physical dimensions of the property; |
[2] | Location, dimensions, and types of existing major structures on the property; |
[3] | Location of the proposed small wind energy system tower; |
[4] | The right-of-way of any public road that is contiguous with the property; |
[5] | Location of existing and proposed overhead utility lines; and |
[6] | System specifications, including manufacturer and model, rotor diameter, tower height, tower type (freestanding or guyed). |
(xiv)
Where site plan approval is required, in addition to those items required for an application to be deemed complete, a site plan application shall depict the following:
[a]
Location of proposed and existing overhead or underground utility or transmission lines;
[b]
Location of any proposed substation or transformer; and
[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 system or the electrical system of the intended energy user.
[e]
For projects over two megawatts, the location and elevations of all transmission lines, support structures and attachments to a substation(s).
[f]
System specifications, including manufacturer and model, rotor diameter, tower height, tower type (freestanding or guyed).
[g]
A glint, glare, and shadow flicker analysis documenting no adverse impacts on neighboring properties or rights-of-way.
[h]
An ice throw study shall demonstrate no adverse impact to neighboring properties.
[i]
An acoustical analysis.
[j]
An analysis of the potential for ice buildup and throwing of ice from rotor blades.
[k]
Decommissioning plan documenting how the property will be restored once the renewable energy facility has been removed and an estimate for removal.
(xv)
Abandonment.
[a]
A wind energy system that is out-of-service for a continuous eighteen-month period will be deemed to have been abandoned.
[b]
The Township may issue a Notice of Abandonment to the owner of a wind energy system that is deemed to have been abandoned. The notice shall be sent return receipt requested.
[c]
The owner shall have the right to respond to the Notice of Abandonment within 30 days from Notice receipt date.
[d]
If the owner provides information that demonstrates the wind energy system has not been abandoned, the Township shall withdraw the Notice of Abandonment and notify the owner that the Notice has been withdrawn.
[e]
If the Township determines that the wind energy system has been abandoned, the owner of the wind energy system shall remove the tower and wind generator from the tower at the owner's sole expense within six months after the owner receives the Notice of Abandonment.
[f]
If the owner fails to remove the equipment in the time allowed under [e] above, the Township may pursue legal action to have the wind generator removed at the owner's expense.
(2)
Principal Use Requirements. The following requirements shall apply to wind facilities where they are conditional principal uses. These requirements shall be bulk requirements for permitted uses and conditions for conditional uses.
(i)
The site shall not be located in an Agricultural Development Area (ADA) or the property shall be the subject of a development approval whose vested rights may or may not be valid.
(ii)
The minimum lot size shall be 20 contiguous acres.
(iii)
Substations shall be screened with a double row of evergreen plantings with a minimum height of eight feet. Existing vegetation shall be retained to the extent practical.
(iv)
A wind tower shall be set back a minimum distance of 150% of the total height of the wind system.
(v)
Substations shall be setback a minimum of 150 feet from a property line.
(vi)
No portion of the wind generator shall extend into any public road 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.
(vii)
A wind energy system shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration.
(viii)
The wind generator and the tower shall be a neutral color that is appropriate for its location and will allow the tower to be as unobtrusive as possible, unless otherwise required by the FAA.
(3)
Accessory Use Requirements. The following requirements shall apply to wind facilities where they are accessory uses.
(i)
No wind tower on a residential property shall be located between a building line and a public street.
(ii)
A wind tower shall be set back a distance equal the total height of the wind system.
(iii)
No portion of the wind generator shall extend into any public road 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.
(iv)
A small wind energy system shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration.
(v)
The wind generator and the tower shall be a neutral color that is appropriate for its location and will allow the tower to be as unobtrusive as possible, unless otherwise required by the FAA.
(vi)
Wind facilities which generate more than 125% of the average energy demand for the property calculated over the past three years shall require preliminary and final site plan approval.
(vii)
Wind facilities which are accessory uses and which generate more than 125% of the average energy demand for the property calculated over the past three years shall be prohibited.
g.
Other Commercial Uses.
1.
G-1 Contracting/Trades. Contracting shall include such occupations as electricians, HVAC contractors, plumbers, masons, landscapers, painters and roofers, provided:
(a)
Parking. No less than three off-street parking spaces for every four employees, or one space for every 500 square feet of gross floor area, whichever requires the greater number of spaces, plus one space for each company vehicle normally stored on the premises. All parking shall be screened in accordance with § 30-7.2, herein.
(b)
Outside storage is specifically prohibited.
2.
G-2 Quarry. Such use shall include extractive operations only (i.e. extraction of sand, clay, shale, gravel, and stone) subject to the following provisions:
(a)
There shall be a berm of average height of 15 feet and a maximum height of 50 feet. The slope of the sides of berm shall not exceed a 1:1 ratio. Berms shall be planted and dusted, and erosion control measures shall be taken as may be approved by the U.S. Soil Conservation Service. Planting and berms shall begin at a point no closer to a street than the ultimate right-of-way line. No berm shall be constructed closer than 50 feet to a district in which extraction is not permitted. The municipality may require additional planting pursuant to the standards of § 30-7, herein;
(b)
A chain-link type fence at least six feet in height, surmounted by three strands of barbed wire, shall be required within the setback area at a point no closer than the ultimate right-of-way line to be maintained in a constant state of good repair. Appropriate warning signs shall be mounted or posted along the fence at intervals of not more than 100 feet;
(c)
An adequate internal circulation pattern of streets shall be maintained between the excavation sites and processing areas. Use of public streets shall not be permitted for hauling between extractive and processing areas except where required in connection with such pattern or for access of vehicular traffic originating from or destined to points beyond the limits of such excavation sites processing areas. Access shall be regulated in accordance with the Municipal Subdivision and Land Development Ordinance;
(d)
No slope shall be maintained exceeding the normal limiting angle of slippage of the material in which the excavation or extraction is being made. No undercutting shall be permitted within the setback area except for tunnels to provide transportation of materials between extractive and processing areas;
(e)
All operations shall be conducted with sufficient lateral support to be safe with respect to: (1) hazard to persons, (2) physical damage to adjacent lands or improvements, or (3) damage to any street, sidewalk, parking area, or utility by reason of slide, sinking, or collapse;
(f)
Stockpiles shall not exceed 50 feet in height and shall not be located closer than 200 feet from any district boundary line, no closer than 300 feet from the centerline of any street except where a railroad is the district boundary line or where the contiguous district is a district in which extraction is permitted, and no closer than 100 feet to any property line. All reasonable precautions shall be taken to prevent any materials or wastes deposited upon any stockpile from being washed, blown, or otherwise transferred off the site by normal and/or reasonably foreseeable causes or forces;
(g)
All drainage from the site of extractive operations shall be controlled by dikes, barriers, or drainage structures sufficient to prevent any silt, debris, or other loose materials from filling any existing drainage course or encroaching on streets and adjacent properties;
(h)
No ground vibration caused by blasting or machinery shall exceed the limits established by the State of New Jersey with the exception that no blasting shall cause a peak particle velocity greater than one inch per second, measured at any property line or at the centerline of any street. Notice of blasting operations shall be provided to the municipality and all property owners within 500 feet of the property at least five business days prior to commencement of planned blasting operations. All blasting plans must be approved by the Township Engineer prior to the commencement of blasting.
(i)
The operation shall not include mixing of rock materials with asphaltic oils or other binders for road building and construction purposes, recycling operations, or other similar manufacturing operations and storage of materials other than those extracted from within the property shall be prohibited;
h.
Accessory Uses.
1.
H-1 Home Occupation. This use shall include any activity carried out for gain by a resident and carried out within the resident's dwelling unless otherwise indicated herein provided:
(a)
The home occupation shall be accessory to a residence and carried on wholly indoors and within a dwelling or other structure accessory thereto unless provided herein.
(b)
There shall be no use of show windows, display, or advertising visible outside the premises, except as provided for signs in § 30-8, herein.
(c)
There shall be no exterior storage of materials, equipment or vehicles other than employee, visitor and resident parking, visible from any property line. Any home occupation that requires exterior storage of materials, equipment, or vehicles must be reviewed by the Planning Board prior to the issuance of an occupancy permit.
(d)
In no way shall the appearance of the residential structure be altered or the occupation within the residences be conducted in a manner which would cause the premises to differ from the residential character by the use of colors, materials, construction, lighting, show windows or advertising visible outside the premises to attract customers or clients, other than those signs permitted by § 30-8 in this chapter.
(e)
No articles shall be sold or offered for sale at the premises except such as may be produced on the premises.
(f)
Servicing by commercial vehicles for supplies and materials shall not be permitted.
(g)
The home occupation shall be carried on only by inhabitants of dwelling and not more than two additional employees.
(h)
The floor area devoted to a home occupation shall not be more than 25% of the ground floor area of the principal residential structure, or 400 square feet, whichever is less.
(i)
The use shall not include the following: animal hospital; barber shop and beauty parlor; commercial stable and kennel; funeral parlor and undertaking establishment; tourist home; restaurant; rooming, boarding, and lodging house; and medical and dental office, clinic, and hospital.
(j)
Parking. No more than two additional off-street parking spaces shall be provided in addition to those required for normal residential use. Such parking shall be provided on the lot of the residence.
(k)
Family day care as defined herein is permitted as a home occupation provided:
(1)
Said use is located within single-family detached, semi-detached or attached dwellings only.
(2)
Said use is exempt from Subsection (h) above provided that an indoor play area of at least 50 square feet per child shall be provided and said area shall not include bedroom areas and a maximum of 25% of said requirement may be provided in an eat-in kitchen.
(3)
After providing for the indoor play area, the remaining portion of the dwelling shall contain a minimum of 800 square feet that is solely devoted to residential use.
(4)
A minimum outdoor play area of at least 100 square feet per child shall be provided in the rear yard of the subject lot and said play area shall be enclosed with a forty-eight-inch high fence when located within 25 feet of a street.
(5)
In addition to the required off-street parking for the residential use, one off-street parking space shall be provided for each nonresident employee and the lot shall have adequate street frontage or additional temporary off-street parking to provide for the drop-off and pickup of children without adversely affecting adjoining properties.
(l)
Accessory home offices shall be permitted provided:
(1)
The area devoted to the permitted professional use shall be located within either the practitioner's dwelling or a building accessory thereto.
(2)
The floor area devoted to such professional use shall be equivalent to not more than 25% of the floor area covered by the practitioner's dwelling.
(3)
Not more than three employees, assistants, or associates, in addition to the resident practitioner, shall be employed on the premises.
(4)
No external alterations shall be made which involve construction features not customary to dwellings.
(6)
Parking. No more than two off-street parking spaces in addition to spaces otherwise required. Any use that requires off-street parking must be reviewed by the Planning Board prior to the issuance of an occupancy permit.
2.
H-2 Residential Accessory Structure(s). Such use shall include a residential accessory structure(s) or use(s) including the following, in accordance with the following provisions:
(a)
Parking spaces for the parking of passenger automobiles; parking of commercial vehicles not exceeding one ton loading capacity within a completely enclosed building;
(b)
Structures such as fences and walls with a maximum height of seven feet;
(c)
All buildings such as storage sheds, bathhouses, private greenhouses and detached residential garages are permitted providing they meet the following requirements:
(1)
All structures with a floor area of less than 100 square feet shall be no closer than 12 feet to any side or rear property line in the WM, CM, AP-1, AP-2, CR, and VR, and RM Districts.
(2)
All structures with a floor area of 100 square feet or more shall meet the setback requirement of the applicable district.
(3)
Private residential sheds for the storage of objects owned by the residents of the property which shall not exceed 14 feet in height and altogether shall not exceed 300 square feet in floor area.
(4)
Private detached garages for the storage of motor vehicles which are regularly operated by the occupants of the principal building in accordance with the definition of "private garage" contained herein. Said buildings shall be limited in total capacity to three vehicles or 864 square feet whichever is less and shall not exceed 16 feet in height.
(d)
Decks.
(1)
Decks, raised terraces or ground level terraces in all zoning districts other than AP District shall be permitted provided:
(i)
The area of the deck or raised terrace should be no greater than the living area of the first floor of the primary building to which it is connected.
(ii)
The ground level terrace shall not extend closer than five feet to the side property line; raised terraces and decks shall comply with the setback requirements for accessory structures.
(iii)
The location of the well and septic system shall be depicted on sketch plans for the deck, raised terrace or ground level terrace.
(2)
In the AP District decks or raised terraces shall be permitted to encroach into the required rear yard area, but not permitted to encroach into the side yard area, provided:
(i)
The parcel is developed as a "village house" in the AP District.
(ii)
The village house development has an average lot area of 6,500 square feet.
(iii)
The rear of the parcel abuts a conservation easement.
(iv)
The deck or raised terrace shall extend no greater than 12 feet from the rear of the house.
(v)
The deck or raised terrace shall extend no closer than 12 feet to the side or rear property line.
(vi)
The deck or raised terrace shall not exceed a maximum of 300 square feet in area.
(vii)
Plan submissions for deck or raised terrace shall depict the location of well and septic system in relation to the deck or raised terrace.
(e)
ECHO housing unit shall be permitted in accordance with the following provisions:
(1)
Dimensional Standards and Building Standards:
(i)
Minimum lot area shall be 1.5 acres unless a greater lot area is required by the applicable district.
(ii)
Maximum square footage of the unit shall be 750 square feet.
(iii)
The unit shall be placed within the rear yard and not within the area of the front and side yards. The Planning Board may grant a waiver if it can be shown that the placement of the unit will not impact upon adjacent properties.
(iv)
The unit shall be positioned on the lot in such a way as to minimize its visibility from other nearby and abutting lots. Additional buffering may be required by the Planning Board to meet this criterion.
(v)
The unit shall be located only upon a lot with a single family detached dwelling.
(vi)
Only one unit shall be permitted per lot, and it shall contain a bathroom, kitchen, living and sleeping facilities. There shall not be more than two bedrooms.
(vii)
The ECHO unit shall be self-contained, barrier free, energy efficient, and capable of being moved to another site. The applicant shall be responsible for preparing the site for installation of the ECHO unit. It shall be located on masonry block or wooden piers with adequate tie downs not on a concrete slab and shall comply with the definition of "dwelling".
(2)
Health Department Requirements:
(i)
Proof of approval by the County Board of Health of well and septic systems must be submitted to the Township authorities. A 1,000 gallon holding tank may be permitted in lieu of septic system hook-up if permitted by DEP. The applicant shall ensure timely pumping of the holding tank. A separate septic system shall not be created for the unit. Either a holding tank or hook-up to existing septic shall be the permitted systems.
(3)
Occupancy Standards:
(i)
If the unit is to be occupied by one person who is a relative by blood, marriage or adoption of the owner-occupant of the primary residence on the site, an additional occupant can be a professional "care giver" to the ECHO unit resident. Such "care giver" must vacate the ECHO unit within 90 days of the ECHO unit occupant related to the owner-occupant of the primary residence vacating the ECHO unit.
(ii)
The ECHO unit shall be removed from the premises upon the death or permanent change of address of the original occupants. This removal shall take place within 90 days of the earlier events. To facilitate this requirement, the unit shall either be part of an ECHO housing unit program sponsored by the Township or other governmental unit or agency or non-profit program; or the municipal agency shall be satisfied that adequate provisions (such as bonding to ensure the removal of the unit) have been made guaranteeing the removal of the ECHO unit at the end of the term of the subject occupancy.
(iii)
Within 150 days of the earlier events, the lot shall be restored by the owner-occupant of the premises, to the status prior to the installation of the unit; or bonds will be posted with the Township to ensure the restoration.
(iv)
Such a unit shall be subject to review by the Planning Board prior to issuance of the initial permit.
(v)
The owner-occupant of the primary dwelling shall obtain an annual permit from the Zoning Officer. This permit shall certify the continuing compliance by the permittee with the conditions of the original permit issuance and any renewals shall be served in accordance with the provisions of N.J.S.A. 40:55D-12.
(f)
Accessory apartment for domestic servants or caretaker employed on the premises and for occasional gratuitous guests shall be permitted in accordance with the following provisions:
(1)
Dimensional Standards and Building Standards:
(i)
The minimum lot for this accessory use shall be 10 acres.
(ii)
The maximum square footage of the apartment shall be 750 square feet.
(iii)
Only one apartment shall be placed per lot.
(iv)
The apartment may be attached or detached to the principal structure; however the setbacks shall be the same as the setbacks for the principal structure.
(v)
The apartment may be combined with a garage or an existing barn or outbuilding.
(vi)
The maximum building height for any new structure shall be 16 feet.
(1) | Health Department Requirements: |
(i) | Proof of approval by the County Board of Health of well and septic system must be submitted to the Township authorities. |
(g)
(1)
Chickens, as permitted under § 30-5.5d shall be kept in a roofed shelter or coop which shall provide a minimum of two square feet per adult bird, and shall also include a chicken run that provides a minimum of four square feet per adult bird.
(2)
Chicken coops and runs shall be located in the rear yard of the property and within the required building envelope for the principal building. Moreover, the entirety of any chicken coop and run shall be placed closer to the dwelling on the lot in question than to the dwelling(s) on any adjoining lot(s). In no case shall any chicken coop or run be located within 25 feet of any dwelling on an adjoining lot.
(3)
All chickens shall be kept in the chicken shelter or coop or attached fenced run at all times.
(4)
The fence surrounding the chicken run shall be securely constructed with a wire or mesh type of material and shall have protective overhead netting sufficient to keep the chickens separated from other animals.
(5)
The fenced chicken run shall be well drained so that there is no accumulation of moisture. The floors and walls of the chicken shelter or coop shall be kept in a clean and sanitary condition, with all droppings collected at least weekly. Droppings shall be kept in a covered durable nonporous container until composted, applied as fertilizer or transported off premises.
(6)
All chicken feed shall be kept in a secure covered metal container.
3.
H-3 Boarding. Boarding shall include the keeping of not more than two roomers, boarders, or lodgers as an accessory use within the principal structure for a B-1 use and shall be permitted, provided:
(a)
The use of an existing building for boarding shall be permitted subject to the following regulations:
(1)
Application shall be filed with the Township Zoning Officer.
(2)
The application shall consist of a written request and the following information:
(i)
Four photographs of the house, one showing each side of the building;
(ii)
Sketch plan of the lot showing width and depth of the lot, size and location of all structures, including any accessory buildings such as garages and storage sheds;
(iii)
A statement indicating the number of proposed dwelling units and occupancy capacity, the room size of each, type of unit, the total building floor area per occupant and open yard space per occupant; and
(iv)
Sketch plan of each floor in which dwelling units will be located showing the dimensions of each dwelling.
(b)
Any dwelling converted shall be occupied in part by the owner or his agent;
(c)
No additional rooms shall be constructed for this purpose;
(d)
No separate cooking facilities or dwellings shall be created;
4.
H-4 Accessory Building. Such use shall include an accessory building or structure, or uses customarily incidental to uses permitted in the I, OR, VC, PC, and Q Districts, except outside storage, provided:
5.
H-5 Temporary Structures and Vehicles. Such use shall include a temporary structure, vehicle, or use, excluding portable storage containers governed by subsection 30-5.3d. A temporary permit may be issued for structures or uses necessary during construction or other special circumstances of a nonrecurring nature, subject to the following additional provisions:
(a)
The time period of the initial permit shall be six months. This permit may be renewed for three-month time periods, subject to the limitations specified in § 30-7.2;
(b)
Temporary nonconforming structures or uses shall be subject to authorization by the Zoning Officer or governing body;
(c)
Such structure or use shall be removed completely within 30 days of the expiration of the permit without cost to the municipality;
(d)
Campers, recreational vehicles, and boats shall be stored on the premises by the occupant of the premises only and then only behind the front line of the house;
(e)
Tractor-trailers shall not be permitted to be parked in residential districts.
6.
H-6 Swimming Pool. A swimming pool shall be permitted as an accessory to a residential use, provided:
(a)
Swimming Pools, In General:
(1)
No person, owner or occupant of land shall install or maintain a swimming pool or other artificial body of water capable of being filled to a depth exceeding 18 inches at the deepest or lowest point unless a permit is first obtained from the local enforcement officer and the required plans and information are filed, together with required permit fees. Ornamental pools and wading pools which do not exceed 18 inches in depth are exempt from these provisions.
(2)
With respect to permanent swimming pools, the building area restrictions as set forth for the pertinent zoning districts in this chapter shall apply and in addition thereto, each such pool or water area shall be located not less than 15 feet back from the front building setback line and not closer than 10 feet to property lines.
(3)
Building permits are required prior to the construction, alteration, remodeling, or additions to a swimming pool or other artificial water areas not specifically exempt from this chapter.
(4)
No person, owner, or occupant of land shall install or maintain a nonexempt wading pool as defined in this chapter unless a permit is obtained from the local enforcement officer and written approval obtained upon inspection and subject to the discretion of the inspecting officer, except as hereinafter provided.
(b)
Any pool or water area subject thereto shall be suitably designed, located and maintained so as not to become a nuisance or hazard either to adjoining property owners or the public generally. All detachable ladders shall be removed when the pool is not in use.
(c)
Outdoor lighting, if used, shall be installed in such a way as to be shielded and not to reflect toward or into the interior of adjacent residential properties.
(d)
All electrical work connected with the pool and all equipment incidental thereto shall comply with all underwriters' regulations and must be inspected and certified by an electrical underwriter's inspection agency prior to the issuance of a certificate of compliance. In no event may the pool be used prior to such approval.
(e)
If pools are connected to any water, sewer, or public utility line, there must be installed a separate valve controlling such line, both as to supply and drainage, and a permit must be obtained prior to installation from the agency furnishing such utility service. A minimum isolation distance of 25 feet shall be required between swimming and any sewage disposal system.
(f)
Approved filtration systems and circulators must be provided for all pools except such exempt or nonexempt wading pools as are emptied on a daily basis as hereinafter provided.
(g)
All pool installations shall conform to all applicable building codes.
(h)
In no case shall water in the pool or pool area be permitted to emit an offensive odor or create any unhealthful condition. Further, it shall be a violation of this section to cause or allow drainage onto adjoining land, public or private; provided, however, that the building officer may issue a permit for drainage into storm sewers at his discretion.
(i)
No pool shall be located under any electric power lines (including service lines), and the pool must be located at least 10 feet (measured horizontally) from such power lines.
(j)
No water shall be placed in the pool until a fence, as required by this section, has been completed.
(k)
Fencing of pools.
(1)
Permanent swimming pools above or below grade must be completely enclosed with a minimum four foot high chain-link, stockade, picket (not exceeding three inch spacing), solid wooden fence, building wall, or such other material as may be acceptable, at the discretion of the building inspector, to carry out the intent of this chapter.
(2)
Swimming pools equipped with surrounding elevated walkways that are at least four feet above the ground need not be fenced if the construction is such that it prevents access to the water by small children, and ladders or steps from the ground are removed or the pool is made inaccessible, when not attended.
7.
H-7 Accessory Retail. Such use as catalog or party sales which is accessory to a primary residential use, provided:
8.
H-8 Dwelling in Combination with a Business. One apartment accessory to a primary commercial, office, or industrial use shall include an owner occupied apartment located to the rear of or over a business, provided:
(a)
The regulations governing residential conversion, use B-14, shall be met.
9.
H-9 Recreational Vehicles. One recreational vehicle per dwelling shall be permitted, provided that the vehicle is stored behind the front setback line of the property and within all other setback lines as required by the district in which it is located.
10.
H-10 Accessory Use for Agricultural Purposes. Accessory uses for agricultural purposes provided that the minimum lot size of the primary use is five acres; and,
The setback requirements as specified in the AP District are followed.
11.
H-11 Accessory Apartments. Such use shall include the creation of a new accessory apartment unit either as part of an existing dwelling or as part of a newly constructed dwelling providing all of the following standards and criteria are met:
(a)
The principal use of the property is for an owner occupied single-family dwelling;
(b)
The yard requirements in which the use is located shall be met;
(c)
There shall be a maximum of one accessory apartment per residential lot;
(d)
The following minimum floor areas per unit shall be required:
All Districts | |
|---|---|
Efficiency | 450 Square feet |
1 Bedroom | 600 Square feet |
2 Bedroom | 800 Square feet |
(e)
The accessory apartment shall not exceed 25% of the total residential floor area on the lot;
(f)
All accessory apartments shall comply with all applicable regulations of the State of New Jersey in addition to all local building codes and permit requirements of Union Township and Hunterdon County;
(g)
Documentation that the existing or proposed well and septic system can accommodate the additional unit demands shall be provided;
(h)
The accessory apartment unit shall be income restricted to low or moderate income tenants for a period of 10 years as required by the NJ Council on Affordable Housing. The method and administration insuring the income restriction shall be submitted by the applicant and shall be in a form acceptable to the Planning Board Attorney;
(i)
Accessory apartments that fulfill the standards and criteria contained herein, may qualify, at the discretion of the Planning Board, for an initial construction subsidy as authorized by COAH and the Township's Development Fee Ordinance;
(j)
Parking. One additional off-street parking space shall be provided for all accessory apartments. Parking areas shall be visibly buffered from the street and adjacent properties.
Editor's Note: the Table of Use Regulations is included as an attachment to this chapter.