A.

Any conditional use, variance or special permit granted or recommended hereunder shall expire if no construction, alteration or conversion has been commenced within one year of the date of granting such variance or exception. Upon application to the initial authorizing agency, the one-year requirement may be extended for a period of six months upon the appellant's showing good reason why such work has not been commenced and by showing evidence that the appellant has acted in furtherance of the project for which a permit was initially given.

B.

The granting of a conditional use or use by variance hereunder shall not become a conforming use until such time as the use sought has been put into actual use by the completion of construction or by the exercise of the intended use where construction is not necessary.

The parking, storing or garaging of any commercial vehicles with a registered weight of 8,000 pounds or more in any residential zone shall be prohibited. However, nothing herein shall prohibit the parking of a commercial vehicle in a residential zone for the purpose of installing, maintaining or performing public utility services or for the purpose of making pickups or deliveries in the regular course of business to residents of such areas.

(Added 11-28-2005 by Ord. No. 2015-05)

A.

This section sets forth regulations regarding the operation and installation of emergency generators for residential use. The purpose of this section is to minimize any adverse effects of the emergency generators on nearby public and private property or upon their inhabitants and to enable the fair and consistent enforcement of the regulations of this section. This section is not designed to prohibit the use of emergency generators, but rather to provide for a safe and enjoyable environment for all residents.

B.

All emergency generators powered by an internal combustion engine for the purpose of providing temporary electrical power shall comply with a sound level standard not to exceed 70 dBA at any point within an adjoining lot or within a lot directly across a street from the subject property where the adjoining lot or the lot directly across the street is within a residential district; 75 dBA where the adjoining lot or lot directly across the street is an office, commercial, or industrial zone. It shall be incumbent upon the owner of the property to provide the sound data for the proposed unit(s) to be installed. The owner shall provide as-installed sound verification to the Zoning Officer following completion of the installation of the unit(s) and as a condition to issue a certificate of approval.

C.

All emergency generators shall have a maximum exhaust flow rate of 450 cfm for liquid propane and 425 cfm for natural gas. Low-sulfur/low-emission fuels shall be used.

D.

Any nonemergency operation of the emergency generator, such as testing or maintenance, shall be conducted between 10:00 a.m. to 4:00 p.m. Monday through Saturday with a maximum testing period of 20 minutes. Exception: Use of portable generators for nonemergency uses shall be permitted for construction purposes only and limited to the duration of the proposed project; permitted operating hours shall be 8:00 a.m. to 5:00 p.m., Monday through Saturday.

E.

Installation of emergency generators shall not be permitted in the front yard (between the property line and the facade of building) of the subject property. All installed units shall comply with all setback yard requirements of the principal building within the applicable zoning district of the installation. All installed units must be totally screened from view from the street. Permanently installed units are to be included in the calculations of lot coverage and hard surface requirements of the zone in which the lot is located.

F.

All installed units shall be used for emergency power generation only. Emergency generator power shall not be used when electric power is available from a public utility serving the property where the generator is located.

(Added 7-25-2005 by Ord. No. 2006-05)

A.

Outdoor furnaces.

(1)

This article sets forth regulations regarding the operation and installation of outdoor furnaces. The purpose of this article is to minimize any adverse effects of the outdoor furnaces may have on nearby public and private property or their inhabitants and to enable the fair and consistent enforcement of the regulations of this article. This article is not designed to prohibit the use of outdoor furnaces but rather to provide for a safe and enjoyable environment for all residents.

(2)

No person shall cause, allow or maintain the use of an outdoor furnace within the City of Woodbury without having obtained a zoning regulation review by the City of Woodbury and a permit from the Construction Office for the installation of said equipment.

B.

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

Firewood means trunks and branches of trees and bushes but does not include leaves, needles, vines or brush smaller than three inches in diameter.

Outdoor furnace means any equipment, device or apparatus, or any part thereof, which is installed, affixed or situated outdoors for the primary purpose of combustion of fuel to produce heat or energy used as a component of a heating system providing heat or hot water for any interior space.

Untreated lumber means dry wood which has been milled and dried but which has not been treated or combined with any petroleum product, chemical, preservative, glue, adhesive, stain, paint or other substance.

C.

Permitted fuel. Only firewood and untreated lumber are permitted to be burned in any outdoor furnace. Burning of any and all other materials in an outdoor furnace is prohibited.

D.

Zoning requirements.

(1)

Outdoor furnaces shall be permitted to be used only for single-family detached dwellings in only residential zoning districts. Outdoor furnaces shall not be permitted for use by any commercial, industrial or institutional entity.

(2)

The minimum lot size shall be not less than three acres.

(3)

The minimum setback shall be not less than 200 feet from any lot line.

E.

Time of operation. The outdoor furnaces shall operate only between October 1 and May 1.

F.

[Suspension of use.] The operation of the outdoor furnace may be suspended by the City of Woodbury when it is determined by the County Health Department that it is necessary to protect the public health, safety and welfare of the residents of the City of Woodbury if any of the following conditions occur:

(1)

Malodorous air contaminants from the outdoor furnace are detectable outside the property of the person on whose land the outdoor furnace is located;

(2)

The emissions from the outdoor furnace interfere with the reasonable enjoyment of life and property;

(3)

The emissions from the outdoor furnace cause damage to vegetation or property;

(4)

The emissions from the outdoor furnace are or may be harmful to human or animal health.

(Added 11-28-2005 by Ord. No. 2014-05)

A.

Any change of use or occupancy within Woodbury City will void the previously issued zoning approval for occupancy and require the issuance of a new one. In addition, Board approval must be obtained before the conversion of use occurs. The purpose of Board review is to determine whether the new use will conform to all appropriate City regulations and to ensure that the existing facilities will be adequate for the proposed use.

B.

It shall be unlawful to convert any single-family attached or single-family detached dwelling into a two- or more family dwelling.

C.

The following shall be unlawful unless and until the Zoning Officer shall signify, in writing, his approval thereof as complying with the provisions of this chapter:

(1)

A change, in whole or in part, of the use being made of any structure.

(2)

The new use of a structure theretofore unused.

(3)

A change, in whole or in part, of the use being made of land.

(4)

The new use of land theretofore unused.

D.

Application for such approval shall be made, in writing, to the Zoning Officer, shall contain all information necessary for such Officer to ascertain whether what is proposed will comply with this chapter and shall be accompanied by a drawing, to scale, showing:

(1)

The dimensions and shape of the lot in question.

(2)

The exact size and locations on the lot of existing structures.

(3)

The size and location of any proposed structures.

(4)

Access to a public way and utilities.

E.

The above-mentioned written approval shall be sufficient warrant for the new use or change of use when no construction is involved. Where construction or alteration of a structure is involved, upon completion thereof and before occupying or using the same, a zoning permit shall be applied for and obtained. If the Zoning Officer is satisfied that this chapter has been and will be complied with, he shall issue a zoning permit.

(Added 12-14-2009 by Ord. No. 2110-09)

A.

Tree protection. The purpose of this section is to establish protective regulations for trees within the City of Woodbury in order to control problems of flooding, soil erosion and air and noise pollution; to protect the public health, safety and welfare of the citizenry of the City; and to promote quality development in the City. Trees are declared to be important cultural, ecological, scenic and economic resources. Proper management of this resource will ensure its maintenance and result in greater ecological and economic returns to the City. A comprehensive tree protection/compensatory planting program is intended to meet the objectives of preserving, protecting, enhancing and maintaining trees and providing opportunities for continued uses of forest resources which are compatible with the maintenance of the environment. The intent of this section is to encourage the protection of the greatest number of trees and of large specimen trees throughout the City. To that end, it shall be unlawful to cut down, damage, poison or in any other manner destroy or cause to be destroyed any trees within the City except in accordance with the provisions of this chapter.

B.

Applicability. The requirements of this section of the chapter are applicable for all land within the City of Woodbury where there is an application submission to the Planning/Zoning Board for major site plan or major subdivision and the following trees removal is proposed:

(1)

Five or more total nonspecimen trees,

(2)

One or more total nonspecimen trees in a Tree Protection Zone,

(3)

One or more specimen trees.

C.

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

Approved plan means any plan for lot development which has been reviewed and approved by the City or its assigned agents, the City Land Development Board with jurisdiction over the project, or other governmental entity with the responsibility to review and approve the design plan.

Caliper means a type of diameter measurement used in the nursery industry. The height measurement shall be taken from ground level for field-grown stock and from the soil line for container-grown stock, which should be at or near the top of the root flare. Caliper measurement of the trunk shall be taken six inches above the top of the root flare up to and including four-inch caliper size. If the caliper at six inches above the ground exceeds four inches, the caliper should be measured at 12 inches above the root flare. Seldom are tree trunks perfectly round. The most accurate measurement will result from the use of diameter tape. Caliper measurements taken with a manual or electronic slot- or pincer-type caliper tools should be the average of the smallest and largest measurements.

Disturbance zone means that portion of a lot covered by existing or proposed buildings, structures or improvements and within a certain distance around same as noted below:

(1)

House or building: 25 feet (around all sides).

(2)

Accessory structure: Ten feet.

(3)

Residential swimming pool: 12 feet.

(4)

Driveway/sidewalk: Five feet.

(5)

Septic fields: Ten feet.

(6)

Underground utility: Five feet.

(7)

Paved parking/drive aisle: Five feet.

(8)

Patio/deck: Eight feet.

(9)

Improvement (other): five feet; excludes stormwater management basins.

Diameter breast height (DBH) means the diameter of a tree measured four and one-half feet (54 inches) above the ground level.

Specimen tree means any tree with a diameter of 18 inches and greater, regardless of genus and species.

Tree means any deciduous or coniferous species which has a DBH of six inches or greater.

Tree Escrow Fund means a fund established by the governing body for the administration and promotion of tree and shrubbery resource sustainability projects and practices, which may be consistent with the Community Stewardship Incentive Program as outlined within the New Jersey Shade Tree and Community Forestry Assistance Act, P.L. 1996, Chapter 135, as it is intended to sustain the overall biomass of the City.

Tree Management Plan means a specific plan that contains tree locations and other information in accordance with Subsection D(4) herein.

Tree Protection Zone means that portion of a lot outside of the Disturbance Zone.

Tree removal means the cutting down of a tree, the transplanting of a tree to a site other than that under development, or the infliction of damage to a tree which is of such severity as to show evidence within a period of two years of irreparable harm leading to the ultimate death of a tree. Examples of serious damage include, but are not limited to, damage inflicted to the root system by machinery, storage of materials, and soil compaction; changing the natural grade above or below the root system and around the trunk; damage inflicted on the tree permitting fungus infection or pest infestation; excessive pruning defined as the removing in excess of 33 percent or greater of the functioning leaf, stem, or root area of a tree; excessive thinning, defined as the removing of undesirable, competitive, diseased or damaged trees so as to cultivate and improve the development of remaining trees on the lot; paving with concrete, asphalt, or other impervious material within proximity as to be harmful to a tree.

Tree removal permit means the permit issued by the City Engineer, or his or her designee, to remove or destroy a tree or trees.

D.

Tree protection management plan. A tree protection management plan must be submitted at the time of site plan or subdivision application, pursuant to the requirements of this chapter. A tree protection management plan shall contain the following information on a plot plan:

(1)

Location of all existing or proposed buildings, driveways, grading, septic fields, easements, underground utility lines, rights-of-way, and other improvements.

(2)

Location of existing wetland buffers, natural features, including wooded areas, watercourses, wetlands, and floodplains.

(3)

The limits of the Tree Protection Zone.

(4)

Location of all existing live trees with trunk diameters six inches or greater, measured four and one-half feet above ground level. Each tree shall be noted by its species, size and general health condition. Whenever possible, the actual canopy spread shall be shown. If it must be estimated, the canopy shall equal one and one-half feet of diameter per one inch of trunk diameter. If the trees to be preserved are part of a wooded area, only the outermost canopy line need be shown, unless disturbance is proposed within 200 feet of the canopy line; then, individual trees located within 50 feet of the proposed edge of the woodland shall be shown.

(5)

Each tree, or mass of trees, to be removed or transplanted shall be clearly marked.

(6)

A chart tabulating the diameter inches being removed, and the required compensatory trees.

(7)

Specifications for the removal of existing trees and for the protection of existing trees to be preserved, including detail(s) of tree protection fencing, as required.

(8)

Location of compensatory proposed trees.

E.

Compensatory planting. Tree replacement shall comply with at least one of the following criteria:

(1)

One-to-four tree replacement: For each tree six inches in DBH or greater that is removed, the applicant shall prepare a replanting scheme on other treeless areas of the property to compensate the clearing of the tree area. The tree protection management plan shall reflect a one inch of new tree diameter for every four inches of tree removed.

(a)

The following minimum sizes should be utilized for trees and shrubs unless otherwise approved by the municipal agency:

1.

Shade trees: Two inches caliper or ten to 12 feet tall, whichever is greater.

2.

Evergreens, ornamental and foundation trees: One and one-half to one and three-fourths inches balled and burlapped or five to six feet tall, whichever is greater.

(2)

Tree cost replacement: Should the quantity of the trees to be removed be greater than the quantity of actual tree replacement as identified on the tree replacement/landscaping plan due to limited available planting area, then the outstanding balance of the required replacement trees may be addressed, subject to City Council approval, by a contribution to the City of Woodbury Tree Trust Fund maintained by the City. In calculating the tree escrow contribution, the following shall apply:

(a)

The replacement value of all trees to be removed where replacement trees are required by this subsection shall be calculated as follows:

(b)

If the landowner/applicant does not replace a tree, but pays the replacement fee, such fee shall be placed into the tree escrow fund established by the City for the administration and promotion of tree and shrub planting projects on or within public properties or facilities.

(3)

Locations of compensatory trees must be clearly labeled on the tree protection management plan. They may be placed anywhere on the site, but are in addition to other trees required by ordinance such as street trees.

(4)

Criteria for the selection of new trees. When an applicant is required to replace trees as described above, the applicant is encouraged to replace the trees with the same species that were removed or, with the approval of the Planning/Zoning Board or its designee, choose species as specified in Woodbury Code. In selecting replacement trees, the following criteria should be used:

(a)

Species longevity.

(b)

Species native to the area.

(c)

Hardiness (wind firmness, climate and pollution resilient, soil and moisture consistent).

(d)

Resistance to insect and disease attack.

(e)

High wildlife value.

(f)

Size at maturity.

(g)

Aesthetic value (color interest and shape).

F.

Tree Protection Zone requirements. Applicants shall exercise due care to protect trees to be retained from being damaged during construction. The following procedures shall be observed to protect trees:

(1)

Protection from mechanical injury.

(a)

Prior to any grubbing or clearing, all trees to be retained within 25 feet of buildings and five feet of all other improvements shall be protected from equipment damage by enclosing the driplines of trees with sections of orange safety fence, snow fence or boards wired together. All exposed roots and low-hanging branches shall be equally protected. Groups of trees may be protected by fencing the driplines of the entire tree mass to be retained.

(b)

Heavy equipment shall avoid damaging existing tree trunks and roots. Feeder roots may not be cut closer than the distance of the dripline from the tree trunks and shall be cut with pruning shears or other tools that will provide a clean cut.

(c)

Tree trunks and exposed roots accidentally damaged during construction shall be protected from further damage. Damaged branches shall be sawed off at the branch collar. No shellac or pruning paint shall be used. When a diseased portion of a tree is to be removed, the pruning equipment should be dipped in alcohol or disinfectant prior to use on another tree to prevent the spread of disease.

(d)

Trees shall not be used for roping, cables, signs or fencing. Nails and spikes shall not be driven into trees.

(e)

The area around the base of existing trees shall be left open to provide access for water and nutrients. No impervious cover, stabilizing base nor storage of equipment, materials, debris or fill shall be permitted within the dripline of any existing trees to be retained.

(f)

Deciduous trees shall be given an application of liquid slow-release, low nitrogen, all purpose fertilizer to aid in recovery from possible damage caused by construction operations. Such applications should be made at a distance of one foot from the trunk to the dripline and should be made as soon as construction is completed and again one year after the first application has been made.

(2)

Protection from grade change.

(a)

The grade around the trunk and within the dripline of trees to be retained shall not be altered without a plan approved by the Board engineer that protects the health of the tree.

(3)

Protection from excavation.

(a)

When digging trenches for utilities the applicant shall adhere to the following, listed in order of preference:

1.

To the best extent possible, trenches shall avoid root areas. This may be achieved by going around or under root systems.

2.

Where root systems cannot be avoided, the following precautions shall apply:

a.

Trenches should be no closer to the trunk than half the distance from the dripline;

b.

Minimize the amount of roots to be cut;

c.

If roots are to be cut, they shall be cut cleanly;

d.

All trenches shall be backfilled as soon as possible, avoiding soil compaction.

(4)

Protection during construction cleanup.

(a)

All construction debris shall be hauled away. No such debris shall be burned or buried.

(b)

Fences and barriers around trees shall be the last thing to be removed from the site prior to building occupancy.

G.

Approval of tree protection management plan. Each person/applicant to whom this section applies must obtain approval of the plan by the Planning/Zoning Board prior to the removal of any trees pursuant to this section.

H.

Enforcement. The requirements of this section shall be enforced by the City's Zoning Officer, Construction Code Official, or other designated proper municipal official. Such City official shall administer and inspect all sites which are subject to this section and/or in conjunction with the tree replacement requirement set forth in the section entitled "Violations and penalties."

I.

Violation and penalties. Any person, developer and/or entity who violates any provision of this section shall, upon conviction thereof, be subject to the following:

(1)

A fine not exceeding $1,000.00 per violation;

(2)

Replace each tree destroyed or removed in violation of this section in accordance with the tree replacement provision set forth in tree protection/compensatory plantings;

(3)

Each tree destroyed or removed in violation of this section shall be considered a separate offense; and

(4)

All replacement trees shall be of the same species as the tree(s) that was destroyed or removed, unless replaced with native species of equal value as approved by the authorized City Official.

(5)

Exceptions.

(a)

Any tree removed from an area of property to be dedicated as public improvement, e.g., drainage facilities, public roadways, etc., and/or trees subject to any state or federal program, statute or regulation, shall be exempt from the provisions of this section.

(Added 8-26-2014 by Ord. No. 2209-14)