In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements adopted for the promotion of the public health, safety, morals and general welfare, consistent with the purposes set forth in Part 1, Article I, § 109-2. Any deviation proposed from the requirements of this chapter shall require a variance pursuant to N.J.S.A. 40:55D-70c or d or N.J.S.A. 40:55D-60a.

It is not intended by this chapter to repeal, abrogate, annul or in any way to impair or interfere with existing provisions of other ordinances except those specifically repealed by this chapter, or with private restrictions placed upon property by deed, covenant or other agreements. However, where this chapter imposes a greater restriction upon land, buildings or structures than is imposed by existing provisions of law, ordinance, contract or deed, the provisions of this chapter shall control. Where other laws, rules or regulations require greater restrictions than are imposed or required by this chapter, the provisions of such other laws, rules or regulations shall control.

The right to farm land is hereby recognized to exist in this Township and is hereby declared a permitted use in all zones of this Township, notwithstanding specified and prohibited uses set forth elsewhere in this chapter, subject to the standards and regulations for intensive fowl or livestock use and applicable health and sanitary codes. This right to farm includes, but not by way of limitation:

The purpose of these rights is to produce agricultural products, e.g., vegetables, grains, hay, fruits, fibers, wood, trees, plants, shrubs, flower, seeds, livestock and poultry.

Notice of farm use.

Lots under two acres.

Lots two acres to four acres.

The height provisions of this chapter shall not apply to the erection of building appurtenances such as church spires, belfries, cupolas, domes or clock towers. The height provisions of this chapter shall moreover not apply to chimneys, flues, bulkheads, skylights, ventilators, elevator enclosures, water tanks, air-conditioning units, antennas, or similar accessory structures. Such structures shall be erected only to such height as is necessary to accomplish their purpose, and shall not occupy more than an aggregate of 10% of the area of the roof of the principal building on which they are located; shall not exceed the height limit by more than 10 feet; and shall be visually screened through appropriate architectural treatment.

In the case of antennas or towers that are accessory structures, such antennas or towers, when located in a nonresidential zone, may not exceed the height limitations established for a principal structure in that zone by more than 10 feet, and, when located in a residential zone, may not exceed 45 feet; provided, however, that no part of the antenna or tower or extension thereof shall be located closer to any property line than a distance equal to twice the extended height of the antenna or tower.

Nothing in this chapter shall prevent the erection of a parapet wall or cornice extending not more than three feet above the height limit nor the construction of farm buildings of variable heights.

Not more than 25% of the gross floor area of the dwelling, not including the basement, cellar or attic, or not more than 500 square feet, whichever is less, is used for the home occupation.

There is no visible exterior evidence of the conduct of the occupation and the structure maintains a residential appearance.

No sales are to be made on the premises.

No part of the home occupation is conducted in any accessory building.

Not more than one person who is not both a member of the family and a resident of the dwelling may be employed.

No traffic may be generated by the occupation beyond that normally generated by the use of the premises as a single-family dwelling.

No machinery, equipment or process may be used which creates noise, vibration, glare, fumes, odors or electrical interference detectable at the property lines, or which causes any interference with radio or television reception by neighboring residences or fluctuation in line voltages beyond the premises.

No goods, chattels, materials, supplies or items of any kind shall be delivered either to or from the premises in connection with a home occupation, except in passenger cars or vans with a maximum length of 20 feet.

All billboards.

Carousels, merry-go-rounds, roller coasters, Ferris wheels, whirl-a-gigs, pony or train rides, midways or sideshows, and similar outdoor commercial recreational uses.

[1]Trailer parks.

Junkyards, automobile wrecking yards or dissembly yards, or the sorting or baling of scrap metal, paper, rags or other scrap material.

Migrant labor camps.

Dumps for the disposal of garbage, trash, refuse, junk or other such material; or sanitary landfills.

Any use not specifically permitted in this chapter.

Official Zoning Map. The above-listed zoning districts are hereby established as shown on the map entitled "Zone Map, Township of West Amwell," dated May 3, 1995, adopted as part of this chapter and as thereafter amended by ordinance, which map(s) accompany and are hereby declared to be a part of this chapter.[1]

Amendments to the Zoning Map.

Interpretation of boundaries. Where uncertainty exists as to any of said boundaries as shown on the Zoning Map, the following rules shall apply:

Applicability. The following regulations shall be applicable to the following districts, unless otherwise indicated: Sourlands Regional Planning District (SRPD), Rural Residential Southern District (RR-6), Rural Residential Central District (RR-5), Rural Residential Northern District (RR-4), Village Residential Zone (R-9) and the R-1A Zone.

Purposes.

Permitted principal uses: See Chapter 109, Attachment 3, Schedule Three.[2]

Permitted accessory uses: See Chapter 109, Attachment 3, Schedule Three.[3]

Conditional uses: See Chapter 109, Attachment 3, Schedule Three.[4]

Area, yard and building requirements: see Chapter 109, Attachment 1, Schedule One.[5]

Single-family development shall be permitted within the proposed R-1A Zone in accordance with the following standards:

Recreation and open space uses. The open space to be conveyed to the Township shall be characterized as one of three categories: open space/active recreation (OA); open space/passive recreation (OP); open space/utilities (OU).

Purpose. The purpose of the Neighborhood Commercial Zone is to permit a more limited variety of nonresidential land uses in appropriate locations and at appropriate development intensities given designed to provide very localized, neighborhood-oriented personal services and limited retail opportunities.

Permitted uses: See Chapter 109, Attachment 3, Schedule Three.[1]

Permitted accessory uses: See Chapter 109, Attachment 3, Schedule Three.[2]

Conditional uses: See Chapter 109, Attachment 3, Schedule Three.[3]

Area, yard and building requirements: See Chapter 109, Attachment 2. Schedule Two.[4]

Purpose. The purpose of the Light Industrial District is to provide light industrial, warehousing and distribution activities in an area with regional access, and where similar land uses currently exist, and where exposure to existing and future residential areas is limited.

Permitted uses. See Chapter 109, Attachment 3, Schedule Three.[1]

Permitted accessory uses. See Chapter 109, Attachment 3, Schedule Three.[2]

Conditional uses. See Chapter 109, Attachment 3, Schedule Three.[3]

Performance standards. Before the issuance of any building or occupancy permit for any use in the Light Industrial Zone, all of the regulations for industrial use performance standards must be complied with in accordance Article XXIV of this Part 4.

Area, yard and building requirements. See Chapter 109, Attachment 2, Schedule Two.[4]

Design and improvement standards. Design and improvement standards shall be complied with as required in this chapter.

Prohibited uses. The following uses or activities are specifically prohibited in the Light Industrial Zone:

Purpose. The purpose of the Highway Commercial Zone is to permit a variety of nonresidential land uses in appropriate locations and at appropriate development intensities. Highway-oriented commercial, retail, office and warehouse uses can serve to help stabilize the local tax base and provide needed jobs and services. In some cases highway commercial uses can be utilized in conjunction with limited residential opportunities, including affordable housing opportunities.

Permitted uses: See Chapter 109, Attachment 3, Schedule Three.[1]

Permitted accessory uses: See Chapter 109, Attachment 3, Schedule Three.[2]

Conditional uses: See Chapter 109, Attachment 3, Schedule Three.[3]

Area, yard and building requirements: See Chapter 109, Attachment 2, Schedule Two.[4]

Purpose. The purpose of the Limited Highway Commercial Zone is to permit a limited variety of nonresidential land uses in appropriate locations and at appropriate development intensities given developmental and environmental constraints in this area. Highway-oriented commercial, retail and office uses can serve to help stabilize the local tax base and provide needed jobs and services. In some cases commercial uses can be utilized in conjunction with limited residential opportunities, including affordable housing opportunities.

Permitted uses: See Chapter 109, Attachment 3, Schedule Three.[1]

Permitted accessory uses: See Chapter 109, Attachment 3, Schedule Three.[2]

Conditional uses: See Chapter 109, Attachment 3, Schedule Three.[3]

The lot is in separate ownership at the date of adoption of this chapter, and not contiguous to lots in the same ownership, and the owner has made a conscientious effort to acquire additional property. However, in the case of two or more contiguous lots under the same ownership, regardless of whether or not each may have been approved as a subdivision, acquired by separate conveyance or by other operation of law, where one or more of said lots does not conform with the area and/or division requirements for the zone in which it is located, the contiguous lots shall be considered as a single lot and the provisions of the applicable zoning district shall apply.

The lot must be a minimum of 5,000 square feet in area, with a minimum frontage of 50 feet.

As appropriate, all necessary health approvals are given by the responsible municipal agency or its agent.

All other regulations prescribed for the zone must be complied with.

Yard exceptions.

Any lawful nonconforming use which existed on the date of adoption of the ordinance which made the use nonconforming may be continued upon the lot or in the structure so occupied providing that no nonconforming use which has been changed to a conforming use shall thereafter be changed back to a nonconforming use and no nonconforming use shall be changed to another nonconforming use.

Any structure or yard area containing a nonconforming use on the date of adoption of the ordinance which made the use nonconforming shall not be enlarged unless the use is changed to a conforming use.

Any nonconforming structure existing at the time of the passage of the ordinance which made the structure nonconforming may be continued upon the lot so occupied and any such structure may be repaired or restored in the event of the partial destruction thereof, provided that it does not extend or expand the nonconformance. Residential dwellings as a nonconforming use may be rebuilt in the event of the total destruction thereof.

Normal repairs and maintenance work required to keep a structure in sound condition may be made to a nonconforming structure or to a structure containing a nonconforming use, provided it does not extend or expand the nonconformance.

An existing detached single-family dwelling, which is either a nonconforming use or structure, may be enlarged or a detached accessory structure may be constructed or enlarged, provided that such construction or enlargement conforms with all minimum yard area regulations of the appropriate zone.

An existing detached single-family dwelling or detached accessory structure which is either a nonconforming use or structure may be enlarged provided that such enlargement does not decrease the distance between the structure and the property line contiguous to the nonconforming yard area, nor extend the structure into a yard area which is now conforming such that it becomes nonconforming. In no case shall this exception apply to an enlargement within a nonconforming yard area previously authorized by variance.

Alterations to detached single-family dwellings which are either nonconforming uses or structures, including but not limited to the construction of the following typical residential uses or facilities: decks, patios, swimming pools, gazebos, driveways and fences shall be permitted as of right as long as said alteration can comply with all applicable bulk regulations of the appropriate zone and all other applicable standards.

A set of plans, specifications and plot plans and a statement setting forth the need and purpose of the installation are filed with the board of jurisdiction by the applicant in triplicate.

Proof is furnished to the board of jurisdiction that the proposed installation in the specific location is necessary and convenient for the efficiency of the utility system or the satisfactory and convenient provision of service by the utility to the neighborhood in which the particular use is to be located.

Above-ground utility facilities shall not occupy any area beyond the required principal building setbacks for the zone in which the utility is located. Setback requirements shall be equal to the principal building setback in the zone or the minimum vegetated visual and security buffer requirement, whichever is greater. A minimum fifty-foot-wide vegetated visual screen shall separate above-ground utility facilities from properties in residential zone districts, a minimum thirty-foot-wide visual screen shall separate such facilities from public roads, and a twenty-foot-wide visual screen shall separate such facilities from properties in a nonresidential zone district.

Above-ground utility facilities and structures shall be visibly screened from the public traveled way (public roads, trails, navigable waterways, scenic highways and by-ways), open space, preserved farmland, publicly owned properties and historic resources, including sites and buildings listed or eligible for listing on the State and National Registers of Historic Places.

A maintenance plan shall be submitted by the applicant for the continuing maintenance of all required plantings, including a schedule of specific maintenance activities to be conducted. A maintenance plan narrative shall also be included on the site plans in note form. Maintenance of the required landscaping and fencing shall be a continuing condition of any approval that may be granted. A cost estimate for required plantings shall be presented as part of any application, and a five-year maintenance bond approved by the Township Engineer shall be a condition of approval. The maintenance plan shall be environmentally responsible.

All ground areas occupied by a utility that are not utilized for access to operate and maintain the installation shall be planted and maintained with shade-tolerant grasses for the purpose of soil erosion control and soil stabilization.

The required landscaping plan shall include the provision of adequate and appropriate drainage features, which shall be designed such that site grading and construction maximizes the natural drainage patterns of stormwater originating within the property boundaries and beyond property boundaries. If grading is proposed, then a grading and drainage plan shall be submitted, which shall demonstrate that the project is in compliance with the Township's Stormwater Ordinance and other applicable state standards.

In addition to those items required for an application to be deemed complete, a site plan application shall depict the following:

An as-built plan shall be provided prior to activation.

Utility facilities shall be designed to comply with either of the following standards for sound emission:

Any disturbance of wooded or forested areas shall be in compliance with the West Amwell Woodlands Protection Ordinance (§ 109-264).

Except pursuant to a permit issued by the New Jersey Department of Environmental Protection (NJDEP), no portion of utility facilities and structures shall occupy areas of land designated and regulated by NJDEP as floodplains, flood hazard areas, wetlands, wetland transition areas or riparian corridors. An applicability determination from the NJDEP shall be provided to document the presence and/or absence of these regulated areas. Buffer maintenance shall be consistent with the West Amwell Stream Corridor Protection Ordinance (§ 109-146).

Wireless telecommunications facilities (WTF) and wireless telecommunications equipment facilities (WTEF) shall be considered conditional uses in all zones and shall be permitted as a second use on a lot.

Antennas may be located on any existing structure (building, barn, silo, steeple, etc.) which is permitted in the zone. Such antennas shall not exceed 10 feet above the highest point of the structure and shall be designed to blend with that structure. Any associated equipment should be contained either directly within that structure, within another existing ancillary structure, or within a new structure designed to simulate an accessory building to the principal use on the site and subject to the zone regulations for an accessory structure. Antennas located on such existing structures need not comply with Subsection C(1), (2) [except Subsection C(2)(b)], (3), (4) or (5) below.

Wireless telecommunications towers, including their associated antennas, shall be permitted if they meet the following conditions:

Abandonment. Any wireless telecommunications facility that is not operated for a continuous period of 12 months shall be considered abandoned. The owner of such facility shall remove it within 90 days of notice from the Zoning Officer that the facility is abandoned. If such facility is not removed within 90 days, the Township may remove such facility at the owner's expense. If the facility is to be retained, the provider shall establish that the facility will be reused within one year after such abandonment. If the facility is not reused within one year, the facility shall be removed. At the discretion of the Zoning Officer, upon good cause shown, the one-year reuse period may be extended for a period not to exceed one additional year.

A lot area of not less than 15 acres shall be required.

Accessory dwellings and farm buildings shall be permitted.

No more than one horse per acre shall be permitted.

Four horse shows shall be permitted each year. Additional shows require Township Committee approval.

All structures, parking and loading areas and other facilities shall be set back a minimum of 150 feet from the front property line and 150 feet from side and rear property lot lines, only if the adjacent properties are located within a residential zone district. Otherwise, the setback for the side and rear lot lines shall be 50 feet, or located within the building setbacks for the zoning district, whichever is greater.

There must be proof of a waste disposal and a management program certified acceptable by the County Health Department or local Board of Health or other appropriate jurisdiction. No storage of manure or other odor-producing materials shall be permitted within 100 feet of a property line.

No more than six guest rooms may be permitted. No more than two adults and two children may occupy one guest room.

The minimum lot size for the guest house use shall be twice the minimum required for the zone in which it is located.

The bed-and-breakfast guest house must maintain a residential appearance.

The use shall be carried on primarily by members of the immediate family, who must reside on the premises. Nonresident employees shall be limited to two in addition to the resident members of the family.

There shall be no separate kitchen or cooking facilities in any guest room. Food shall be served only to guests on the premises.

The maximum uninterrupted length of stay at a guest house shall be 14 days.

The use of any amenities provided by the guest house, such as a swimming pool or tennis courts, shall be restricted in use to guests of the establishment.

There shall be no use of show windows or display or advertising visible outside the premises to attract guests other than a single, nonilluminated sign which meets the regulations for signs set forth in this chapter.

The applicant shall demonstrate to the satisfaction of the Board of Health that private well and septic are adequate to serve the maximum number of guests which could be housed at the facility at any one time. Septic designs must be consistent with the Township's wastewater management plan.

A sufficient number of off-street parking spaces, as determined by the Board, must be provided. One parking space shall be provided for each guest room.

Parking areas shall be screened with landscape buffers to shield off-site residences.

A minimum lot area of six acres shall be required.

No power equipment, such as gas or electric lawn mowers and farm implements, may be sold at wholesale or retail, other than incidental sales.

No equipment or vehicles shall be stored within the front yard.

All structures, facilities, and parking and loading areas shall be set back a minimum of 100 feet from the front property line and 100 feet from the side and rear property lot lines, only if the adjacent properties are located within a residential zone district. Otherwise, the setback for the side and rear lot lines shall be 50 feet or located within the building setbacks for the zoning district, whichever is greater.

Frontage and access to the landscape contracting use shall be limited to any paved public road.

A landscaped buffer yard of 20 feet in width shall be required along rear and side yard lot lines of the site only if the rear and side yard lots abut properties in a residential zone district.

All schools located in a residential zone shall have a minimum lot requirement of five acres.

Schools may exceed the height limitations of this chapter, provided that no building shall have a height of greater than 50 feet, and further provided that such uses shall increase the front, rear and side yards one foot for each foot by which the building exceeds the height limit for the zone in which it is located.

Schools shall be located on a collector road, as designated in the Township Master Plan.

Sufficient off-street parking shall be provided, pursuant to the improvement standards section. All parking and loading areas shall be a minimum of 50 feet from all property lines or located within the building setbacks for the zoning district, whichever is greater.

Active outdoor recreation facilities shall be a minimum of 200 feet from rear or side lot lines or located within the building setbacks for the zoning district, whichever is greater.

A minimum twenty-five-foot-wide vegetated screen shall be provided to screen outdoor or recreation areas from properties in residential zone districts so as to protect adjacent residential homes or zones from inappropriate noise and other disturbances.

Each side and rear yard setback shall be a minimum of 75 feet or the building setbacks for the zoning district, whichever is greater.

Front yard setbacks shall be a minimum of 100 feet or the building setbacks for the zoning district, whichever is greater.

A buffer strip shall be provided between parking areas, buildings or facilities and adjacent lot lines in accordance with the design standards section.

Lighting shall be oriented away from any residential lots, and/or shielded so as to reduce intrusion of light into such properties.

A set of plans, specifications and plot plans, in triplicate, is filed with the Planning Board showing in detail the exact location of such motor fuel service station, the number of storage tanks to be installed, the dimensions and capacity of each tank, the depth at which the tanks will be placed below the ground, the number of gas pumps to be installed, the type of structure and accessory buildings to be constructed and the number of automobiles to be garaged.

A motor fuel service station, with or without a convenience store and/or car wash, must be at least 500 feet from the boundary of a residential zone within West Amwell, measured from the closest boundary to the nearest point of the motor fuel service station (building, canopy or uncovered pump island).

The lot or parcel to be used solely for a motor fuel service station shall meet the lot size and frontage requirements of the zone in which it is located. The lot or parcel to be used for both a motor fuel service station and a convenience store shall have a minimum lot size at least 25% larger than that required in the zone.

Any buildings associated with the motor fuel service station, pumps, and pump islands shall be set back at least 50 feet from property lot lines. Canopies shall be set back at least 35 feet from the property lines. Any building or structure associated with the convenience store shall meet the setback requirements of the zone in which it is located.

Corner lots shall have a curb radius of at least 25 feet, and access to roads shall be at least 100 feet from the intersection of any streets.

All unpaved areas shall be attractively landscaped with grass lawns, trees and shrubs or other appropriate vegetation.

Any auto repair work shall take place within a building, and all repair or service apparatus shall be located within that building.

There shall be no outdoor storage of any goods or supplies, nor shall there be outdoor display of goods for sale.

Floor drains for any building within which auto repairs may take place shall not be connected to any sanitary sewer system or storm drain but do have to comply with the Uniform Construction Code.

All fuel storage tanks shall be at least 40 feet from any property line. Where the possibility of contamination of underground water resources exists, the Board may require precautions against leakage and seepage in accordance with DEP and Uniform Construction Code requirements.

The Board may impose such conditions and safeguards as it deems appropriate with respect to, among other matters, traffic safety, considering the location and configuration of the lot in question.

The following are specifically prohibited at a motor fuel service station or a motor fuel service station with convenience store and/or car wash:

The minimum lot size shall be one acre or twice the minimum lot size for the zone in which this use is located, whichever is greater.

A maximum of 20 children shall be permitted for child-care centers or preschools in residential zones; in other zones, size shall be controlled by the state child-care facility licensing board. The maximum size of the facility shall be limited to that permitted under NJDEP regulations for individual subsurface septic systems. Septic designs must be consistent with the Township's wastewater management plan.

Outdoor active recreation areas shall be a minimum of 75 feet from all property lines and shall be sufficiently screened so as to protect the neighborhood from inappropriate noise and other disturbances. A minimum fifteen-foot vegetation screen shall be provided to screen any nearby properties located in residential zone districts.

A site plan which indicates that there will be an adequate and safe dropoff area must be provided.

A copy of all required licenses and certificates shall be filed with the Township Clerk.

The lot on which a hotel or motel is located shall not be less than 10 acres.

Buildings shall be set back a minimum of 100 feet from exterior property lot lines or located within the building setbacks for the zoning district, whichever is greater.

No building shall exceed 40 feet in height.

Lot coverage shall not exceed that permitted in the zone district in which the hotel or motel is to be located.

The maximum size of the facility shall be limited to that permitted under NJDEP regulations for individual subsurface septic systems. Septic designs must be consistent with the Township's wastewater management plan.

There shall be no separate kitchen or cooking facilities permitted in hotel and motel rooms.

Multifamily residential uses shall be permitted as part of a mixed-use development and shall be located on the second floor of any nonresidential building.

The number of units permitted on each site shall be limited to the maximum permitted under NJDEP regulations for individual subsurface septic systems. Septic designs must be consistent with the Township's wastewater management plan. Parking for the residential units shall be in accordance with the RSIS.

No building shall be permitted to exceed the maximum building height of the zone.

Lot coverage requirements of the zone shall be complied with. Where the existing development already exceeds the permitted lot coverage, the creation of residential-over-commercial dwelling units shall not be permitted to increase the coverage any further.

All units shall be one bedroom for developments up to five total units.

Where more than five units are proposed, at least 50% shall be one bedroom, and no unit shall have more than three bedrooms.

Additions to buildings in order to provide housing units shall not extend beyond the first floor, except for architectural projections as may be permitted elsewhere in this Part 4, Zoning, balconies and stairways or where said projection will conform to the required building setback of the zone.

Where completely new construction is proposed, all setbacks shall conform to the appropriate zoning regulations.

The minimum lot size shall be five acres, of which at least four contiguous acres shall be buildable.

Principal or accessory buildings shall be located no less than 75 feet from any front, side or rear property line or within the building setbacks for the zoning district, whichever is greater.

Maximum lot coverage shall be 35%.

Solar, conditional use standards. All major solar or photovoltaic energy facilities or structure installations shall comply with all applicable state and federal laws and regulations and shall also comply with the following standards. Preliminary and final site plan approval shall be obtained prior to obtaining a zoning permit.

Wind, conditional use standards. All wind energy systems, facilities or structure installations shall comply with all applicable state and federal laws and regulations and shall also comply with the following standards:

Violations. It is unlawful for any person to construct, install, or operate a wind energy system or solar energy system that is not in compliance with this section or with any condition contained in a building permit issued pursuant to this section. Solar energy systems and wind energy systems approved and/or installed prior to the adoption of this section are exempt.

The minimum lot size shall be that specified for the zone district in which the property is located.

No property shall have more than one accessory dwelling.

Accessory dwellings shall contain an entrance that is separate from entrance of the principal dwelling.

The dwelling shall meet the setbacks specified for principal buildings in the zone district.

The property shall provide the required on-site parking for the principal use and the accessory dwelling.

The parking area for five or more vehicles shall be setback minimum of 20 feet from a property line or the minimum setback specified for the zone district, whichever is greater.

Where the principal use is commercial, nonfarm, the accessory dwelling shall be located on upper floors of a principal or accessory use or in the rear yard.

The buildings shall be in full compliance with all applicable health and construction codes.

Applicant shall possess a current certificate of authority issued pursuant to N.J.S.A. 84:1-1 et seq. New Jersey Cemetery Act, and shall be in full compliance with the provisions of N.J.A.C. 3:40-1.5 et seq.

Mausoleums, grave site markers (headstones, obelisks, etc.) and other structures (excluding buildings) shall not exceed 20 feet in height.

Buildings, mausoleums, grave site markers (headstones, obelisks, etc.), and other structures exceeding heights of five feet shall be setback at least 100 feet from any property line, or the minimum setback specified for the zone district, whichever is greater.

Buildings, mausoleums, grave site markers (headstones, obelisks, etc.), and other structures not exceeding heights of five feet shall be setback at least 50 feet from any side or rear property line or the minimum setback specified for the zone district, whichever is greater.

Buildings, mausoleums, grave site markers (headstones, obelisks, etc.), and other structures not exceeding heights of five feet shall be setback at least 100 feet from any street line or the minimum setback specified for the zone district, whichever is greater.

Parking shall be setback a minimum of 50 feet from all property lines.

Manure or other odor-producing materials shall not be stored within 100 feet of a property line.

Horses shall not be maintained on any property containing fewer than three acres in gross lot area.

Farm stands shall be permitted as accessory uses to any farm.

All activities shall take place inside a building.

Purpose.

Permitted use. Accessory apartments shall be a permitted use in all zones in West Amwell that permit single-family residential uses, provided that the appropriate approval of the existing or proposed septic system and potable water supply can be obtained.

Definition. For the purpose of this section "accessory apartment" shall be defined as follows:

The creation of such a dwelling unit shall be clearly accessory to the primary use of the property as a single-family dwelling and shall in no way confer upon the property owner any future rights to subdivide the existing lot in order to place each unit on a separate lot. A deed restriction shall be applied to properties with accessory apartments specifying that such units may not be subdivided off in the future. The owner of the principal dwelling shall reside in the principal dwelling or the apartment at all times.

Apartments shall be established and maintained in a manner consistent with the rules and regulations of COAH, as may be modified by a court of competent jurisdiction, and all building codes.

The rents for accessory apartments, including an allowance for utilities, shall be affordable to qualified households as per COAH and UHAC regulations, as may be modified by a court of competent jurisdiction.

Accessory apartments shall be marketed in a manner consistent with the affirmative marketing requirements of the New Jersey Council on Affordable Housing, as modified by a court of competent jurisdiction.

Standards.

Building height. Notwithstanding the building height limitations that apply to accessory structures elsewhere in the Township's zoning regulations, structures containing an accessory apartment which is developed in a manner consistent with this section shall be permitted to build up to 2 1/2 stories and not exceeding 35 feet.

Building permits; certificate of occupancy.

Illegally created apartments. In the case of any accessory apartment created illegally or without the proper approvals or permits which the property owner desires to legitimize as an accessory apartment under this section, all of the requirements of this section shall apply.

The maximum height shall be 15 feet.

Accessory buildings shall not be located in a front yard, or between the house and the roadway.

Accessory buildings shall be permitted within the side yard and rear yard setbacks, but shall be a minimum of 10 feet from the property lines.

Except for the storage of vehicles in garages, accessory buildings shall be limited to a maximum of 500 square feet in size or may exceed 500 square feet in size to a maximum of 1,200 square feet in size if the required setbacks for a principal dwelling are met.

Private garages shall have space for two motor vehicles for the first 10,000 square feet of lot area, and thereafter one garage space for each additional 15,000 square feet of lot area, up to a maximum of four spaces.

Fences may be located in the front yard provided that they shall not exceed four feet in height, measured from the ground level, and shall be constructed so that at least 50% thereof is open.

Fences and walls located in any side or rear yard shall not exceed six feet in height measured from the ground level.

All fences or walls shall be symmetrical in appearance; shall have posts or columns separated by identical distances; shall consist of material conforming to a definite pattern or size; and shall be constructed so that the finished side faces outward away from the property on which it is constructed.

No fence or wall shall be constructed of any material harmful to humans or animals.

No fence or wall shall be erected along a property line without a construction permit, and no portion of a fence or wall shall be located within six inches of any property line. In considering applications for the erection of a fence or wall, the construction code enforcement official may require a survey showing the proposed location of the fence or wall with respect to the existing property lines.

Notwithstanding the preceding provisions of this section, the following provisions shall be complied with:

No retaining wall shall be constructed in excess of four feet in height unless constructed of reinforced concrete.

No retaining wall shall be of a height greater than eight feet. In areas where greater height is required, it shall be accomplished by stepping the retaining walls horizontally one foot for every four feet of vertical height.

Area. The surface area of a private swimming pool hereafter constructed or enlarged shall not exceed 25% of the area of the rear yard.

Location.

Purpose. The purpose of the elder cottage housing opportunity (ECHO) unit is to provide extended family housing as a residential accessory structure on a lot with a principal residential structure. ECHO housing shall provide an alternative to nursing home and boarding home care so that immediate elderly relatives (62 years of age or older), or disabled relatives over the age of 18, may live nearby but not in the same housing unit. This housing is provided so that it may be installed in an affordable manner and removed easily at a later date when it is no longer needed. It is the intent of ECHO housing to provide for the continuing need for mutual support within the family while maintaining individual independence and financial security.

Dimensional standards and building standards.

Health Department requirements. Written approval of existing well and septic systems by the County Department of Health must be submitted along with the application to the Township Planning Board. The existing system may be expanded if necessary, but a separate septic system shall not be created for the unit.

Occupancy standards.

Purpose, intent and scope. It is the purpose of this section to promote the public health, safety and general welfare through reasonable, consistent and nondiscriminatory sign standards. The sign regulations in this section are not intended to censor speech or to regulate viewpoints, but instead are intended to regulate the secondary effects of speech, especially insofar as those secondary effects may adversely affect aesthetics and traffic and pedestrian safety. In order to preserve and enhance the Township as a desirable community in which to live and do business, a pleasing, visually attractive environment is of foremost importance. The regulation of signs within the Township is a highly contributive means by which to achieve this desired end. These sign regulations have been prepared with the intent of enhancing the visual environment of the Township and promoting its continued well-being, and are intended to:

Definitions. All words used in this section shall carry their customary dictionary meanings, except that the following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Prohibited signs. The following signs and sign types are prohibited within the Township and shall not be erected. Any lawfully existing permanent sign or sign-type which is among the prohibited signs and sign types listed below shall be deemed a nonconforming sign subject to the provisions of this article.

Nonconforming signs. A nonconforming sign that was lawfully erected may continue to be maintained until the nonconforming sign is substantially damaged or destroyed. At such time that the nonconforming sign is substantially damaged or destroyed, the nonconforming sign must either be removed or be brought into conformity with this section and with any other applicable law or regulation.

Exemptions. This section does not pertain to the following:

Illumination; shielding of illumination. Freestanding and wall signs may be illuminated unless stated otherwise in the specific zoning district regulations, provided the illumination is designed and installed in such a manner that light from the sign meets all requirements of this Code and the New Jersey Uniform Construction Code. The following standards shall apply:

All permanent signs shall be constructed entirely of wood or stone materials.

Substitution of noncommercial speech for commercial speech. Notwithstanding anything contained in these sign regulations or this Code to the contrary, any sign erected pursuant to the provisions of these sign regulations or this Code with a commercial message may, at the option of the owner, contain a noncommercial message unrelated to the business located on the premises where the sign is erected. The noncommercial message may occupy the entire sign face or any portion thereof. The sign face may be changed from a commercial to a noncommercial message, or from one noncommercial message to another, as frequently as desired by the owner of the sign, provided that the sign is not a prohibited sign or sign type and provided that the size, height, setback and other dimensional criteria contained in these sign regulations and this Code have been satisfied.

Content neutrality as to sign message (viewpoint). Notwithstanding anything in these sign regulations or this Code to the contrary, no sign or sign structure shall be subject to any limitation based upon the content (viewpoint) of the message contained on such sign or displayed on such sign structure.

Building permits. It shall be unlawful for any person or business or the person in charge of the business to erect, construct, or alter a permanent sign structure whose construction is subject to the New Jersey Uniform Construction Code without first obtaining such building permit from the Township as may be required by the New Jersey Uniform Construction Code. Permit fees, if any, shall be paid in accordance with the applicable fee schedules. The requirement of a building permit under the New Jersey Uniform Construction Code is separate and independent of the requirement for a sign permit under this section.

Permit required.

Conditions.

Appeals to the Planning Board.

Appellate decisions deemed final, subject to judicial review. The appellate decisions of the Planning Board pursuant to this article shall be deemed final, subject to judicial review as provided by law.

Administration and enforcing official; enforcement.

Adoption of zoning regulations. The boundaries of the various districts shown upon the official zoning map and the regulations of this Code governing the use of land and buildings and other matters set forth therein, as the same may be amended from time to time, are made part of this section. Except provided in this section, no sign shall be erected, enlarged, reconstructed or structurally altered which does not comply with all the district regulations established by this section for the zoning district in which it is located.

One name plate sign. The sign shall not be more than 72 square inches in area, and shall be located within the property lines. A sign for home occupation use shall indicate only the name and profession of the resident.

One sign of not more than 10 square feet in area identifying a church, quasi-public or public building, playground, or such other similar permitted use. Such sign shall be located a minimum of 10 feet from any property line.

Customary warning, "No Hunting" or "No Trespassing" signs, provided that such signs may not exceed an area of one square foot.

For an agricultural use in a zone which permits agricultural uses:

One sign to identify a conditional use, with the exception of those uses listed in Subsection C above. Such signs shall indicate only the name of the business and shall not exceed six square feet in area. Such sign shall be a minimum of 10 feet from any property line.

One sign to identify residential developments of 50 units or more. Such sign shall be a maximum of 10 square feet in size and shall be located a minimum of 10 feet from any property line.

No freestanding or monument sign in a residential zone shall exceed four feet in height.

Temporary signs for charitable sales and services are permitted only with the express approval of the Township Clerk.

Sales or rental signs. A sign advertising the sale or rental of a dwelling, building or lot shall be permitted, provided that:

In the HC, LHC, and LI Zoning Districts:

In the NC Zoning District:

Wall-mounted signs.

Monument or freestanding signs.

Marquee signs. Where a business establishment has a canopy or marquee constructed as an integral part of the building, a sign may be attached to the face or erected on top of the canopy or marquee in place of a wall-mounted sign, provided the sign does not extend above the highest point of the building wall to which the canopy or marquee is attached, and further provided that:

Pylon signs. Gas stations may display the following signs:

Generally. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this section is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this section.

Severability where less speech results. Without diminishing or limiting in any way the declaration of severability set forth in this article or any adopting ordinance, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this section is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this section, even if such severability would result in a situation where there would be less speech, whether by subjecting previously exempt signs to permitting or otherwise.

Severability of provisions pertaining to prohibited signs. Without diminishing or limiting in any way the declaration of severability set forth in this article, or elsewhere in this Code, or any adopting ordinance, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this section or any other law is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this section that pertains to prohibited signs, including specifically those signs and sign-types prohibited and not allowed under this article. Furthermore, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this article is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this article.

Severability of prohibition on billboards. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this section and/or any other code provisions and/or laws are declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect the prohibition on billboards as contained herein.

Commercial vehicles in residential zones. A commercial vehicle used in connection with a business or a vehicle on which is contained advertising matter intended to promote the interest of a business shall not be parked or stored in a parking area serving the business unless the vehicle is parked in the side or rear yard. In residential zones, not more than one commercial vehicle (any vehicle which is customarily used as a commercial vehicle shall be considered such with or without commercial registration) may be kept on the premises, provided:

Recreational vehicles, travel trailers and horse trailers. Recreational vehicles and travel trailers may not be occupied in any zone; however, one unoccupied travel trailer or recreational vehicle or one horse trailer may stand on any lot in a residential zone, provided that the vehicle must either be garaged or stored in a side or rear yard at least 15 feet from any property line.

Disabled and nonregistered vehicles. Disabled and/or nonregistered vehicles may not be stored in any zone except in an enclosed garage, unless the same are awaiting repair at a licensed public garage or unless the same are new vehicles being stored or displayed at an auto sales and showroom. For the purpose of this chapter, the term "disabled" shall refer to a motor vehicle which is in such a state of disrepair that it cannot readily be made operable in conformance with all requirements of the New Jersey Division of Motor Vehicles.

Use of trailers in connection with site construction. The use of trailers in any zone in connection with site construction shall be permitted subject to the following restrictions and regulations:

Storage as part of commercial operation. The outdoor storage or display of any article or material as part of a commercial operation is permitted subject to the following regulations:

Drive through facilities, such as aisles, related signage and windows, shall be buffered from adjacent residential uses consistent with § 109-197.

Stacking for a total of six cars shall be provided; stacking may be accommodated in multiple drive-through aisles.

Stacking lanes shall not enter or exit directly into a public street; they shall be integrated with the on-site circulation pattern.

Crosswalks shall be provided where pedestrian traffic may cross drive-through aisles.

Drive-through aisles shall have a minimum width of 12 feet.

Drive-through aisles shall have a minimum interior curb radius of 10 feet.

There shall be a minimum of one tank provided for any subdivision or site plan where municipal water is not currently available and for which a storage tank has not already been provided under a previous approval.

For residential developments, the number of tanks shall be determined by the requirements of § 109-138, Location of tanks, below and a review for adequacy by the Fire Chief and/or his/her designee(s).

For nonresidential developments, the number of tanks will be calculated using NFPA 1231, Chapter 5, to determine the number of gallons of stored water required, dividing that number by 10,000, and rounding to the nearest whole number.

The number of tanks required can be reduced if, in the opinion of the Fire Chief and/or his/her designee(s), an adequate, dependable on-site natural or man-made source of water exists, such as a pond, a creek, or a pool or an adjacent municipal water system with hydrants or if an acceptable alternative fire suppression system is proposed for the structure(s).

On any application for development, the Planning Board may require the applicant to grant an easement to the municipality to provide for the future installation of an in-ground water tank to be used for fire suppression whenever such installation becomes necessary to safeguard the public health, safety and welfare.

Each tank shall be located outside of the municipal right-of-way and within an easement providing for access to and maintenance of the tank and it appurtenances. The area between the tank and the travelled way shall be stabilized to allow for vehicle access to the tank.

In the case of subdivisions:

In the case of site plans, the location of tanks shall be as directed by the Fire Chief, and/or his/her designee(s).

Each tank shall be no less than 30,000 gallons' capacity and shall be constructed of fiberglass or other acceptable noncorroding material which is chemically inert with respect to usual soil, backfill, and groundwater contact conditions, and installed in such a way that they will not "float" when empty. The tank is to be capable of withstanding a three-foot-deep overburden, as well as supporting a highway HS-20 loading. The tank should be designed with a safety factor against buckling from all expected loads, including external hydrostatic pressure.

A hold-down system shall be provided in accordance with the tank manufacturer's requirements. The hold-down system shall include hold-down straps provided by the tank manufacturer, a reinforced hold-down slab located below the tank, and connecting hardware. A minimum of one foot vertical separation shall be maintained between the slab and the bottom of the tank. The tank shall be bedded in commercially available pea gravel or maximum one-half-inch crushed stone and backfilled to the top of the tank with stone.

Each tank shall be equipped with a six-inch-diameter ductile iron fill/draft pipe extending from the bottom of the tank, through the top of the tank, to a terminus point two feet behind the face of curb and two feet above the top of curb. This pipe shall terminate in a male fitting with National Standard Thread and removable cover. All bends are to be sweep type bends and no elbows are permitted.

Three-inch-diameter, concrete-filled bollards are to be installed one foot behind the face of curb and three feet apart, centered about the fill/draft pipe.

Each tank shall be equipped with a four-inch-diameter ductile iron vent pipe extending from the top of the tank to a point three feet above finished grade directly above the tank. The vent shall be equipped with an inverted elbow vent fitted with an insect/animal screen.

The manway shall be brought to grade and closed with a bolted, gasketed cover.

A six-inch-thick reinforced concrete slab shall be constructed four feet square enclosing the fill/draft pipe and extending to the back of the curb. A similar slab shall be constructed to enclose the vent pipe and manway cover and extend two feet outside the pipe and cover.

Installation shall be done in accordance with manufacturers directions with respect to anti-float devices, product handling, backfill materials, and methods.

The tank installation shall be air-pressure tested for leaks prior to backfill. Attachments and fittings shall be provided and the tank designed to support these elements. Inspection of the tank installation shall be provided by the Fire Department or its authorized representative. No backfilling can take place until the testing is complete and satisfactory to the Fire Department.

It shall be the responsibility of the contractor to fill the tank with clean water upon installation.

In order to protect the environmental and potable water supply, the following regulations must be complied with. Most of the Township of West Amwell relies on groundwater for its potable water supply. This is a vital resource which must be protected for the health, safety and general welfare of the community. The ability of soils to assimilate and dispose of sewage via individual disposal systems, in order to avoid contamination of the potable water supply, must be protected. Accordingly these regulations are designed to afford that protection as necessary for both the health and safety of the community.

Applicability. In order to promote environmental soundness in layout and design of subdivisions and land developments in general, the following standards shall apply to subdivision and site plan applications in the Township of West Amwell.

Minimum lot area. The lot area standards of Schedule One[1] shall be adhered to. Critical environmental areas identified in Schedule One include the following environmental constraint factors:

Slope disturbance. The disturbance of sloped areas, relative to any application for subdivision or site plan approval, shall be limited to the following:

Intent and purpose. The governing body of West Amwell finds that riparian lands adjacent to streams that are appropriately vegetated provide important environmental protection and resource management benefits. It is necessary to protect and maintain the beneficial character of stream corridors by implementing specifications for the establishment, protection, and maintenance of protected corridors along the streams in West Amwell Township. These stream corridors must be consistent with the interest of landowners in making reasonable economic use of parcels of land that include such designated areas, and with a broader public interest in ensuring water quality, preventing erosion and protecting important plant and animal habitats. This article is intended to:

Establishment of stream corridor.

Permitted uses. Stream corridors shall remain in their natural, indigenous state, with no clearing or cutting of trees and brush, altering of watercourses, regrading or construction. The following shall be permitted uses or activities in stream corridors, provided that they do not disturb the indigenous character of the area:

Performance standards. For all stream corridors, the following conditions shall apply:

Activities permitted in stream corridors only under extreme hardship.

Boundary interpretation; appeals procedures; inspections; enforcement.

Purpose.

Applicability.

Woodland retention and preservation plan.

Woodland retention requirements.

Exceptions.

Fees.

Minimum tract size: 40 gross acres.

Dwelling unit density. Parcels may be either contiguous or noncontiguous, as long as they are under single ownership or under the control of a common entity that will ultimately be subject to the regulations and limitations of the entire cluster development. The number of lots permitted shall be determined by the applicant submitting a conceptual subdivision plan utilizing conventional zoning and design standards, with sufficient information provided for the Board to determine a realistic lot yield from the subject property.

Minimum lot size. Lots in any cluster development shall average 1.25 acres, except in the SRPD District where the average shall be not less than 2.0 acres. In no case shall any building lot be less than 40,000 square feet, except that in the SRPD District the minimum shall be 1.5 acres. In no case shall any lot contain less than 40,000 square feet of buildable area.

Open space. Not less than 40% of the gross tract acreage shall be set aside as permanent common open space to be either dedicated to the Township of West Amwell for public use or privately owned and maintained. If a cluster development is proposed pursuant to a general development plan, and involves noncontiguous parcels, at least 75% of the overall development shall be open space and within developed portion or portions there shall be at least 30% open space. For the purpose of this section, open space may include passive recreation area, woodlands, active recreation areas, public open space and areas utilized for agriculture. The approving authority shall determine the amount, type and combination of open space within any proposed development, as a condition of approval.

Minimum yards and building setbacks.

Any tract of land can be subdivided to create up to three new building lots that are less than the minimum lot size for the relevant zone district, but in no case less than 1.5 acres. However, in no case shall the total number of lots, including the original lot, combine to exceed the maximum dwelling unit density of the zone. In no case shall any lot contain less than 40,000 square feet of buildable area.

A deed restriction shall be recorded pursuant to each mini-cluster subdivision application limiting the further development potential of the remainder lot.

The development standards and procedures for new building lots created pursuant to these provisions shall comply with the standards for cluster development lots.

All activities shall be carried on only in structures which conform to the standards of the National Board of Fire Underwriters and the Township Building Code and Fire Ordinance.[1] All operations shall be carried on and all combustible raw materials, fuels, liquids and finished products shall be stored in accordance with the standards of said Board of Fire Underwriters.

Any industrial activity which emits dangerous radioactivity at any point is prohibited.

There shall be no emission at any point, from any chimney or otherwise, visible gray smoke of a shade darker than No. 1 on the Ringelmann Smoke Chart as published by the United States Bureau of Mines, except that visible gray smoke of a shade not darker than No. 2 on said chart may be emitted not more than four minutes in any 30 minutes. These provisions, applicable to visible gray smoke, shall also apply to visible smoke of a different color but with an equivalent apparent opacity.

There shall be no emissions which can cause any damage to health, to animals or vegetation, or to other forms of property or which can cause any excessive soiling at any point. Emission from any chimney or otherwise of any solid or liquid particles in concentrations exceeding 0.2 grain per cubic foot of conveying gas to air at any point is prohibited. For measurement of the amount of particles in gases resulting from combustion, correction shall be applied to a standard stack temperature of 500° F. and 50% excess air.

No operation shall discharge industrial wastes of any kind into any reservoir, pond or lake. The discharge of untreated industrial wastes into a stream shall be prohibited. All methods for treating sewage and industrial waste shall be approved by the Township Board of Health and the New Jersey Department of Environmental Protection and shall have all required state and/or federal discharge permits.

There shall be no vibration which is discernible to the human sense of feeling beyond the immediate site on which such use is conducted.

There shall be no excess noise from any use within the Township. The standards shall be those set forth by the New Jersey Department of Environmental Protection.