Wall Township City Zoning Code
ARTICLE XVIII
General Provisions
§ 140-106 Minimum regulations.
§ 140-107 Purpose.
The purpose of these provisions is to provide direction regarding the application of development requirements and restrictions within the Township's zone districts.
§ 140-108 Aboveground essential services facilities; conditional use approval.
The provisions of this Part 4 shall not apply to customary underground essential services as defined herein, except that all facilities such as pumping stations, repeater stations and electric substations, which require a building above ground or any other aboveground appurtenance of any type more than 30 feet high, shall require approval as a conditional use subject to the provisions of this Part 4.
§ 140-109 Condominiums allowed in any zone.
The term condominium describes an ownership arrangement, not a land use subject to these regulations; therefore, condominiums may be established in any zone under the restrictions applicable to the development that it comprises. The existence of condominium ownership shall not negate minimum lot area, dimension or other requirements intended to provide adequate light, air, and privacy.
§ 140-110 Conformity to district regulations required.
No building or structures shall hereafter be erected and no existing building or structure shall be moved, altered, added to or enlarged, nor shall any land or building or portion of a building or structure to be used, designed, or arranged to be used for any purpose unless in conformity with all of the regulations herein specified for the district in which is it located.
§ 140-111 Principal building frontage on public street.
Every principal building shall be built upon a lot with frontage upon a public street improved to meet the municipal requirements of this chapter or for which such improvement has been guaranteed by the posting of a performance guarantee unless relief has been granted under the provisions of N.J.S.A. 40:55D-36.
§ 140-112 One principal building per lot; exceptions.
Except for multifamily and nonresidential uses, no more than one principal building and its accessory buildings shall hereafter be erected on any one lot.
§ 140-113 Compliance with minimum yard and lot requirements.
No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet the minimum requirements established by this chapter.
§ 140-113.1 Lots.
A.
Insofar as is practical, lots should be evenly and regularly shaped. Side lot lines shall be at right angles to straight streets and radial to curved streets, and rear lot lines shall be parallel to the front lot line or street line.
B.
Through lots with frontage on two streets shall be permitted only under the following conditions:
(1)
Where the length of the lot between both streets is such that future division of the lot into two lots is impermissible under current zoning;
(2)
Access shall be to the street with the lower traffic function, or the street on which the dwelling would best fit into the existing neighborhood character and fabric; and
(3)
The portion of the lot abutting the other street shall be clearly labeled on the plat and in any deed that street access is prohibited.
C.
The rear yard of through lots, or reverse frontage lots, shall be buffered from the street in the following manner:
(1)
Reverse frontage buffers shall be required where residential units and/or lots back onto any street.
(2)
The buffer shall be situated adjacent to the property line.
(3)
Any landscaped buffer shall be not less than 20 feet in width. For lots backing up on arterial streets or highways, the landscape buffer shall not be less than 30 feet.
(4)
The buffer area shall be used for no purpose other than landscaping, underground utilities or for any required sidewalk.
§ 140-114 Yards and open space requirements.
No yard or other open space provided around any building for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other buildings, and no yard or other open space on one lot shall be considered as providing a yard or open space for a building on any other lot.
§ 140-115 Responsibility for maintenance of buildings and land. [1]
It shall be the responsibility of every property owner, tenant, developer and applicant to maintain in a safe and orderly condition, all buildings and land in the municipality which they own, use, occupy or for which they have maintenance responsibility in accordance with the following regulations. Maintenance of all land uses within the municipality shall include, but is not limited to, the following:
A.
Potholes and other pavement failures within paved parking areas shall be repaired on a regular basis. If such potholes or pavement failures are hazardous to vehicles, they shall be appropriately barricaded and marked to warn motorists.
B.
Unpaved or gravel parking and pedestrian areas shall be maintained and regularly regraded in a manner which will keep the area free of holes and other severe grade changes which would be hazardous to vehicular and pedestrian usage.
C.
Paint striping, traffic control signs and markings, and all other signs and graphics shall be maintained in a condition whereby they can be clearly seen and are legible.
D.
Curbing, other pavement edging and sidewalks shall be maintained free of cracks and holes which would present a hazard to pedestrians.
E.
All refuse stored outdoors shall be kept within containers having lids, in a manner that the refuse is not visible to pedestrians or persons in vehicles on or off the site. Such containers shall be located so as to prevent interference with vehicular or pedestrian circulation.[2]
F.
All areas of the site shall be kept free of debris and other materials. All users of shopping carts or similar items shall provide for the regular pickup of such shopping carts or similar items from parking areas and other portions of the site at least once every hour during their business hours. All shopping carts or similar items shall either be stored indoors or in a location adjacent to the building specifically set aside for such storage during nonbusiness hours.
G.
Building finishes shall be maintained reasonably free of peeling or cracked paint, rust or other unsightly conditions.
H.
All plantings and ground cover shall be adequately watered and cut. All dead plant materials shall be removed or replaced. All lawn or other nonpaved areas shall be kept trimmed and free from weeds and other noxious growth.
I.
All outdoor lighting shall be maintained in a working condition.
§ 140-116 Protection of natural features.
A.
Existing natural features such as streams, lakes, ponds and the natural configuration of the ground shall be retained where possible. If it can be demonstrated to the satisfaction of the Planning Board when reviewing applications for subdivisions, site plan or conditional uses, or to the satisfaction of the Board of Adjustment in all other cases, that such feature will substantially interfere with a permitted use of a property, such features may be altered only to the extent absolutely necessary to render premises suitable for such permitted use.
B.
Elevation alterations.
(1)
No alteration of any existing elevation of land or an approved grading plan shall be permitted without the written approval of the Township Engineer.
(2)
The existing elevation of any land in the Township shall not be altered more than two feet by means of soil removal, fill, or grading, except as part of an approved development application. Should the Township Engineer determine a proposed modification to an approved grading plan to be substantial, such approval shall be withheld and the applicant or developer shall be required to apply to the approving agency for approval or an amended grading plan.
§ 140-117 Topsoil, sand and gravel.
No topsoil shall be removed from any premises in any zone. No subsoil, sand or gravel shall be removed from any premises in any zone except that:
A.
The Land Use Officer may issue a permit for the removal of subsoil from excavations for building foundations or other structures, provided that the total amount to be removed from the lot does not exceed 500 cubic yards.
§ 140-118 Storage or parking of certain vehicles.
A.
No truck, tractor trailer, truck or trailer body of any kind, mobile home, house trailer, camper trailer or any similar vehicles shall be stored or parked on any premises or upon any street in any zone except while actually loading or unloading or making pickups and deliveries, and except as otherwise provided herein. This prohibition shall not apply to lawfully registered pickup trucks or vans which do not exceed 19 feet in overall length.[1]
B.
No truck, tractor trailer, truck or trailer body of any kind, mobile home, house trailer, camper trailer or any similar vehicle and no metal or other container shall be used for storage purposes on any premises in any zone. This prohibition shall apply to such vehicles, bodies or containers whether or not the same are capable of movement.
C.
In business and industrial zones only, trucks, tractor trailers and buses which are used as motor vehicles to transport goods or materials in connection with the business conducted on the premises may be parked thereon, provided that all such vehicles are property registered, kept in good repair and arranged in an orderly fashion upon the premises.
D.
Unregistered vehicles may be stored on the premises of a trucking terminal or other use which requires the storage of heavy equipment, provided that the use is permitted and provided further that the vehicles or equipment are in good repair and arranged in an orderly fashion upon the premises.[2]
E.
No sales of goods or merchandise from any truck, tractor trailer, motor vehicle of any kind, truck or trailer body of any kind, mobile home, house trailer, camper trailer or any similar vehicle shall be permitted in any zone. This prohibition shall apply whether or not the same is capable of movement. This subsection shall not apply to an ice cream vendor who has obtained a permit or license from the Township.[3]
F.
No truck, tractor trailer, truck or trailer body of any kind, mobile home, house trailer, camper trailer, pickup camper or any other vehicle or facility shall be used for habitation in any zone, except for mobile homes in a licensed mobile home park and except for a temporary mobile home on a single-family residential lot on which the existing principal dwelling has been destroyed to a point where it is uninhabitable by fire or other disaster not controllable by the occupant of the dwelling. Such a temporary mobile home shall be permitted only for the purposes of a temporary residence while the damaged dwelling is being repaired or rebuilt to a habitable condition and shall in no case be permitted for a period of longer than six months.[4]
G.
No truck, tractor trailer, truck or trailer body of any kind, mobile home, house trailer, camper motorized home or any similar vehicle, and no boat shall be stored on any street in any zone.
§ 140-119 Access to business or industrial zones through residential zones.
No driveway or easement providing access to or egress from a business or industrial use shall extend through or into any residential zone.
§ 140-120 Exterior finish of commercial buildings.
A.
In all commercial and industrial zones buildings shall be so designed that all sides of the building shall be of similar design and shall be constructed with similar materials.
B.
In all commercial and industrial zones, all buildings shall be so designed that the roof design and roofline shall be similar on all sides.
§ 140-121 Housing facade diversity.
A.
Except as hereinafter provided not more than one building permit shall hereafter be issued for any dwelling to be erected in a housing development consisting of two or more houses if it is substantially alike in exterior design and appearance with any neighboring dwelling situated on the, same or opposite side of the street, within 200 feet in zones requiring lot areas of 40,000 square feet or more, or within 150 feet in zones requiring lot areas of less than 40,000 square feet. The distances herein specified shall be the shortest distance between the street lines of the respective properties.
B.
Houses within such specified distances of each other shall be considered substantially alike in exterior design and appearance if they have any one of the following characteristics:
(1)
The same basic dimension and floor plans are used without substantial differentiation of one or more exterior elevations.
(2)
The same basic dimensions and floor plans are used without substantial change in the orientation of the houses on the lots.
(3)
The height and design of the roofs are without substantial change in design and appearance.
(4)
The size, type and location of doors and windows in the front elevation are without substantial differentiation.
§ 140-122 Removal of trees.
[Amended 5-10-2006 by Ord. No. 12-2006]
A.
It shall be unlawful for any person not explicitly exempted by this section to remove or injure any live tree, the trunk of which exceeds three inches in diameter measured at a point two feet above the ground, or any specimen tree as defined in this chapter, in any zone, without first obtaining a permit to do so from a municipal agency or designee thereof, as part of an application for development. A tree removal permit application unrelated to a development application shall be presented to the Planning Board.
B.
The following shall be exempt from the requirements of this section:
(1)
Any homeowner who wishes to remove trees from the lot on which he resides; or on which he intends to construct a dwelling in which he will reside and for which he has valid zoning and building permits. This exemption shall not apply to trees in a public right-of-way or to trees on a residential property that is the subject of a pending minor or major subdivision application.
(2)
Any tree or shrub growing on property actually being used as a nursery, garden center, tree farm or orchard.
(3)
Any tree removal in compliance with the Farmland Assessment Law (N.J.S.A. 54:4-23.1 et seq.) for agricultural use. The agricultural use must be for a minimum of three years.
(4)
Trees directed to be removed by municipal, county, or state authority pursuant to law.
(5)
Any dead, diseased or damaged tree or any tree that endangers life or property as determined by the designated municipal official.
(6)
Any public utility company may prune trees to obtain normal line clearance for overhead utility wires, provided such pruning does not endanger or adversely affect the appearance of said trees.
C.
No zoning or building permit shall be issued until a written plan of tree removal has been approved by the approving agency or designee thereof. The applicant shall submit such a plan as part of any subdivision or site plan application. The plan shall show all proposed tree removal in relation to the survey stakes marking each lot, use and structure requiring such removals. In addition the plan shall contain the following information:
(1)
Tax Map, lot and block number.
(2)
Area of tract.
(3)
Owner's name and address.
(4)
Map of locations and surrounding properties showing wooded areas, steep slopes, floodplains, any wetlands and wetland buffer areas, coastal wetland areas, and all other environmentally sensitive areas as defined in this chapter.
(5)
The location of all shrub and tree lines, the location, species and diameter breast height of all single standing trees, all trees eight inches in diameter two feet above existing grade, and specimen trees as defined in this chapter, with the clearing limits for all trees to be removed clearly defined.
(6)
The method of delineating tree clearing limits on site. Acceptable delineation methods include painting bright white or orange markings visible from a distance of 25 feet at a minimum height of eight feet above grade on all trees at the outside limit of the tree clearing limits; the use of bright white or orange plastic tape extending from tree to tree at a minimum height of eight feet above grade at the outside limit of the tree-clearing limits; the similar marking of single standing trees three inches in diameter two feet above existing grade; or other method acceptable to the approving authority. Specimen and other trees to be saved and/or relocated shall be designated using red tape or paint markings eight feet above grade visible from a distance of 25 feet.
(7)
The location of all existing and proposed buildings, roads, driveways, parking lots, staging areas, recreation areas, gardens and septic systems.
(8)
Grading plan.
(9)
Demonstration of compliance with § 140-260C. The plans may also indicate existing trees which may be salvaged from the clearing areas and relocated. These trees shall be identified by species, size, area and method for relocation.
(11)
Measures to be taken to insure the survival of the trees during and after construction, suggested trimming and maintenance prior to construction.
(12)
Where a project is to be developed in phases, the plan shall denote the phase limits in relation to all proposed tree removal.
D.
In determining whether or not a permit should be granted, the agency or its designee shall consider:
(1)
The condition of the trees or shrubs with respect to disease, insect attack, danger of falling, proximity to existing or proposed structures and interferences with utility services.
(2)
The necessity of removing the trees or shrubs in order to construct the proposed improvements to allow reasonable economic use of the property.
(3)
The effect of the removal on erosion, soil moisture retention and flow of surface waters.
(4)
The number and density of trees in the area and the effect of tree removal on property values of the neighborhood and on other existing vegetation.
(5)
If their presence would cause hardship, or endanger persons or property, or substantially interfere with a permitted use of a property.
(6)
The necessity to clear areas to be occupied by buildings, driveways, or recreation areas and within a distance of 15 feet around the perimeter of such buildings depending on the tree species and conditions to be reasonably determined by the Planning Board.
(7)
If the removal of trees is to be performed in a selective manner consistent with the public interest, thinning of a heavily wooded area where some trees are removed and others remain may be permitted.
E.
No paving of any impervious nature shall be placed within the dripline of a tree. No material, machinery or temporary soil deposits shall be placed within six feet of any existing tree trunk or stem. Any regrading shall require, where necessary, that all trees remaining shall be welled in.
F.
Trees may be removed in driveways and within 10 feet of each side of the driveway. Alignment of driveways shall be planned to save as many trees and shrubs as practical.
G.
If no area other than a wooded area or area with trees and shrubs can be found to accommodate the building foundation, sewerage system, disposal field or well, meeting the approval of the appropriate inspector, necessary tree removal shall be permitted.
H.
Where more than three inches of fill is required around trees, the trees must be protected by an air well six feet in diameter or as needed around the trunk to prevent the intrusion of soil. Tile pipe must radiate like spokes from the well to provide oxygen to the roots. The top of the well must extend six inches above the graded level.
I.
Tree barriers shall be erected with fencing or roping prior to the use of heavy equipment on the property, and removed only after the threat of damage from heavy equipment is gone.
J.
All tree removal permit applications shall be forwarded to the Environmental Advisory Committee for review and comment. Comments regarding a particular permit application shall be forwarded to the Land Use Officer, the municipal agency and the applicant.
K.
An application for approval of a tree removal plan shall be accompanied by a filing fee in the amount set forth in this chapter.
§ 140-123 Posting of numbers on buildings. [1]
Every principal building shall have its street address clearly posted in an area which is visible from the road on which it fronts. Numerals for residential buildings shall be no less than two inches high and one inch wide. Numerals for nonresidential buildings shall be no less than six inches high and two inches wide and shall not contribute toward the permitted square footage for advertising signage.