The sign shall be in compliance with side yard requirements, shall not exceed six feet in height and shall be set back at least 10 feet from the right-of-way.
Temporary nonilluminated real estate signs pertaining to the sale of homes or home sites within a development of five or more lots and pertaining to sponsors and/or supporting agencies for publicly funded projects, provided that:
The sign shall be in compliance with side yard requirements, shall not exceed 10 feet in height and shall be set back at least 10 feet from the right-of-way.
Not more than one such sign shall be placed within any such development unless the development fronts on more than one street, in which case one such sign may be erected on each street frontage.
The sign(s) shall be removed when all property has been transferred with single-family or townhouse developments and when all units have been constructed with apartment projects. In no case shall such a temporary sign remain standing for over one year, except with the approval of the approving authority.
The size of such sign(s) shall not exceed six square feet. One sign is permitted for each trade or profession, and allowable areas may be combined, except that no sign shall exceed 20 square feet in area.
The sign shall be in compliance with side yard requirements, shall not exceed 10 feet in height and shall be set back at least 10 feet from the right-of-way.
The sign shall be located in compliance with side yard requirements, shall not exceed six feet in height and shall be set back at least 10 feet from the right-of-way.
Not more than one such sign shall be placed on any property unless such property fronts on more than one street, in which case one such sign may be erected on each street frontage.
One freestanding sign is also permitted not to exceed 12 square feet. This sign can be placed on a property in the commercial and industrial districts.
The sign shall be located in compliance with side yard requirements, shall not exceed 10 feet in height and shall be set back at least 25 feet from the right-of-way.
Not more than one such sign shall be placed within any such development unless the development fronts on more than one street, in which case one such sign may be erected on each street frontage.
Such sign shall be attached flat against the front facade of the building, except if the building is set back more than 150 feet. In these cases, a freestanding sign may be used but must be set back a minimum of 10 feet from any right-of-way or property line.
Only one freestanding sign shall be permitted for each office or shopping complex, and it shall be erected only on the premises to which the sign relates.
The freestanding signs shall not exceed 20 square feet and shall be located in compliance with all side yard requirements. The total of all three freestanding signs shall not exceed 35 square feet. The attached sign shall not project above the roofline or away from the building more than one foot and shall not exceed 25 square feet.
Any banner proposed to extend across a public street or public space must obtain special approval from Borough Council and any other authority with jurisdiction. Banners extending over or into public spaces must be sponsored by a recognized government entity or community agency or organization, and may not contain a commercial message with the exception of event sponsors which may be identified on the sign along with the primary event. Such signs may be erected no more than 21 days prior to the event.
Signs on private property identifying a contractor or business performing work on the property, while the work is being done and for a maximum of 30 days after work is completed.
Temporary signs or banners may be permitted for a period not to exceed a total of 45 days, to promote a public, charitable, educational, civic, cultural, religious, or special event, or a special promotion.
Grand Opening signs may be displayed for 30 days prior to the opening of a new enterprise (or a new location for an existing enterprise), and for 45 days after the opening.
The time of display of the maximum of two temporary signs that were permitted with one temporary sign permit must be spaced apart by a minimum of 60 days, during which intervening time there are to be no temporary signs on the property.
Political signs shall not be placed on public property, which is defined as all publicly owned property, including streets, rights-of-way, easements and everything affixed thereto and thereover.
All permitted signs shall not be construed, erected or located in a manner which obstructs the visibility of motorists or pedestrians proceeding along or entering or leaving the public way, whether at intersection or driveways, or in a manner that is unsafe, insecure or a danger to the public safety.
Off-site advertising signs (billboards). No sign may be attached to a building or erected independently for any purpose other than to advertise a permitted use conducted on the same premises.
Signs pained on the exterior walls of buildings having the physical characteristics of billboards, whether or not they relate to the business transacted on the premises.
No sign shall be erected which will obstruct free and clear vision on any street or obstruct the view of or be confused with any traffic sign, signal or device.
No sign shall extend over any sidewalk or public right-of-way, nor shall any sign extend beyond any property line. Minor deviations may be permitted to the extent necessary to attach a sign to the front of a building, which building fronts a public sidewalk. Such deviations shall be granted on a case-by-case basis after review and consideration by the Municipal Planning Board.
Illumination. All sign lighting shall be designed and directed to protect the adjoining properties and streets from glare. No signs shall be illuminated with flashing lights. Reflectors and lights permitted in conjunction with signs will be equipped with restraining hoods or shields to concentrate the illumination of the sign.
All signs shall require the issuance of a zoning permit. Applications to erect or construct a sign shall be part of a site plan review or shall be directed to the Zoning Officer for an existing use. The application shall include sufficient information and sketches to indicate compliance with this section.
Maintenance. All signs, together with their supports, braces, guys and anchors, shall be maintained in good condition. Whenever a sign is deemed to be dilapidated or structurally unsafe, the Zoning Officer shall order the owner, in writing, to repair said sign or remove it. The owner shall comply with the order within 10 days or be subject to the penalties stipulated in this Part 3.
Notwithstanding anything contained herein to the contrary, one freestanding portable sign shall be permitted for each retail business selling merchandise within the Borough of Woodstown.
No such portable sign shall be higher than four feet above the sidewalk or top of the curbline. It may be no greater than eight square feet per side and have only two sides for advertising information.
Signs permitted in this subsection may only be displayed during normal business hours of the subject retail business. Signs must be removed at the end of the business day and may not be replaced until the commencement of normal business hours on the following day.
With consent of the property owner or tenant, signs advertising nonprofit events such as a blood drive, public tour or other community event may be displayed on or adjacent to a retail or residential premises. Such community signs need not be removed during hours when the adjacent retail business is closed but must be removed no later than 24 hours after the advertised event.
The height of a fence on a property line in a residential area shall not exceed four feet in the front and side yards and six feet in the rear yard. Fences which need to exceed the height (tennis courts, swimming pools, dog runs) shall meet the required yard setbacks. Security fences around commercial, industrial or institutional uses shall not exceed 10 feet.
Fences shall not be erected of barbed wire, topped with metal spikes nor constructed in any manner which may be dangerous to persons or animals, except that these provisions shall not apply to a farm and except, further, that fences around commercial and industrial uses may be topped by a protective barrier.
All fences shall be maintained in sound condition. Whenever a fence or portion thereof is determined to be structurally unsafe, the Zoning Officer shall order the owner, in writing, to repair said fence or remove it within 10 days or be subject to the penalties stipulated in this Part 3.
§ 67-52 Driveways.
Any driveway providing access from a public street to any permitted use or structure shall comply with the following regulations:
The portion of the driveway between the existing shoulder and the right-of-way line shall be paved according to borough specifications as a driveway extension in residential areas.
Any curb opening shall be properly reconstructed to the satisfaction of the Municipal Engineer or the County Engineer along county roads. When curbing does not exist and conditions warrant, an adequate drainpipe shall be installed by the owner at the owner's expense, as determined by the Municipal Engineer.
Driveway widths shall conform to the design standards specified in § 67-87 of Part 4 of this chapter. For permitted uses which are not subject to site plan review, driveways shall have a minimum width of 10 feet and a maximum width of 20 feet.
No driveway shall be constructed or maintained so that any part of it provides access to or from a public street at a point within 75 feet of the intersection of the right-of-way.
§ 67-53 Visibility at intersections.
The following requirements shall apply in all districts and shall supplement the sight triangle easements required during site plan or subdivision review. (See Plates 7 through 10.)[1]
Nothing shall be erected, placed or allowed to grow in such a manner as to materially impede vision between a height of 30 inches and 10 feet above the center-line grade of the intersecting streets or driveways within the triangular area formed by the intersecting street and driveway lines and:
For corner lots, a straight line joining points located on said line a distance of one foot for each mile of allowed speed limit from the intersection of the street lines.
For a driveway entering a public street, a straight line joining points located a distance of one foot for each mile of allowed speed limit along the street line and a point a distance of 15 feet along the driveway line from the intersection of the street and driveway lines.
For lots contained on the inside of a curve, a straight line joining points located a distance of one foot for each mile of allowed speed limit from the intersection of the side yard boundary lines and the edge of the street for the lot in question.
Whenever a front yard requirement is modified under § 67-42 of this Part 3, the measurement line from that section shall be used in defining the triangular area rather than the street line.
This swimming pool and apron shall not be located in the front yard and the water of the pool shall be set back at least 10 feet from any side or rear property lines.
Any portion of the perimeter of a private swimming pool that does not abut the principal dwelling or accessory building must be surrounded by a suitable fence at least four feet but less than seven feet in height to prevent access by small children or pets.
Prior to the issuance of a construction permit, the provisions of § 67-91 of the Code of the Borough of Woodstown shall be followed regarding the approval of a grading plan.
[Added 12-8-2020 by Ord. No. 2020-10]
§ 67-55 Off-street parking and loading.
Adequate off-street parking and loading, open-air or indoor, shall be provided with all new construction, the creation of new uses or the expansion or alteration of existing uses, according to the standards specified in the Site Plan Review Part.[1]
A description of the project, specifying, in the form of maps, drawings, graphs or similar visual aids and also by narrative, what is to be done and how it is to be done during and after construction of the project, including information and technical data adequate to permit a careful assessment of the environmental impact of the project.
An inventory of the existing environmental conditions at the project site and in the surrounding region affected thereby, which shall describe the following:
Air quality and water quality shall be described with reference to the standards promulgated by the Department of Environmental Protection of the State of New Jersey, and soils shall be described with reference to criteria contained in the Northeast Soil Conservation District Standards and Specifications.
A listing of all licenses, permits or other approvals required by municipal, county or state law, the status of each and proof that the applicant has contacted officials of any federal, state, county or municipal agency affected by the proposed project.
A listing and evaluation of adverse environmental impacts which cannot be avoided, with particular emphasis upon air or water pollution, increases in noise during and after construction, damage to plant, tree and wildlife systems, damage to natural resources, displacement of people and businesses, increases in sedimentation and saltation, flooding, potential stormwater runoff damage, both on and off site, increases in municipal services and the health, safety and well-being of the public. Off-site impact shall also be set forth and evaluated. Development applications for property located within the CR or CONS Zone shall not be approved if the environmental impact statement or worksheet discloses an adverse environmental impact.
A thorough description of the steps to be taken to minimize adverse environmental impact before, during and after construction of the project, both at the project site and in the surrounding region affected thereby, such description to be accompanied by necessary maps, schedules and other explanatory data as may be needed to clarify and explain the actions to be taken.
A statement of alternatives to the proposed project which might avoid some or all of the adverse environmental effects, including a no-action alternative, with an objective evaluation of each alternative, including the no-action alternative.
Form. The form of environmental impact statement shall be prescribed by the Joint Environmental Commission established pursuant to Section 9-1 et seq. The Environmental Commission shall prepare an appropriate worksheet and amend same from time to time as deemed necessary and submit such worksheet and any amendments thereto to the Woodstown Planning Board for review and approval. The most current worksheet shall be utilized for all development applications for which an environmental impact statement is required.
Preparation. The environmental impact statement shall be prepared by a licensed professional engineer or such other person as the Municipal Planning Board may accept as having sufficient expertise for the preparation of the required impact statement and shall follow the form prescribed by the Joint Environmental Commission in the environmental impact statement worksheet.
Waiver. Notwithstanding the foregoing, the Planning Board may waive all of a portion of the requirements for an environmental impact statement if sufficient evidence is submitted by the applicant to support a conclusion that the proposed project will have a slight or negligible environmental impact.
§ 67-57.1 Open space and recreation.
[Added 7-13-04 by Ord. No. 601]
Adequate open space and recreation shall be provided with all new construction, the creation of new uses or the expansion or alteration of existing uses, according to the standards specified in Part 5, Subdivision of Land Section 67-106.1.
Solar energy systems shall be permitted accessory uses to the permitted principal and other accessory uses on a lot and shall not involve the production of power for off-premises consumption nor shall such a use constitute the principal use of any lot. This prohibition shall not be interpreted to preclude the occasional sale of excess power from a solar energy system back to the public electric utility provider. For systems intended for uses other than the ones stated, or for any commercial projects, site plan approval is required.
Either rooftop and building-mounted solar collectors or ground-mounted arrays and freestanding solar collectors are permitted to be installed, but not both.
Installation of rooftop and building-mounted solar collectors shall require a zoning permit from the Zoning Officer and a building permit from the Construction Office prior to installation.
Solar panels may extend a maximum of six inches above the roof; further provided that the panels follow the pitch of the roof and do not exceed the maximum permitted height of the prevailing zone.
Rooftop installations must not interfere with any operation of plumbing fixtures protruding from the rooftop level, as required by the New Jersey Plumbing Codes.
Ground-mounted arrays and freestanding solar collectors are permitted as accessory structures in all zoning districts only if mounting is determined, by the Zoning Officer, to be impractical by the property or homeowner, subject to the following requirements:
Installation of ground-mounted arrays and freestanding solar collectors shall require a zoning permit from the Zoning Officer and a building permit from the Construction Office prior to installation.
Locate ground-mounted arrays of solar panels and solar devices at a site in the rear or side yard if the arrays are not visible from the public streets and do not detract from other major character-defining aspects of the site. The location of detached solar arrays should also consider visibility from adjacent properties, which shall be reduced to the extent possible while still maintaining solar access.
Submission of a plot plan that shows the location of the proposed ground-mounted array and freestanding solar collectors. A minor site plan shall be required if the total surface area of all ground-mounted and freestanding solar collectors on the lot exceeds 1,200 square feet.
Solar panels on roof surfaces shall not be visible from a public right-of-way. However, solar shingles may be added to a roof surface visible from a public way if low- or nonreflective shingles are used.
Set solar panels and solar devices back from the edge of a flat roof to minimize visibility. Panels and devices may be set at a pitch and elevated, if not visible from public streets.
Locate detached arrays of solar panels and solar devices at an historic site in the rear or side yard if the arrays are not visible from the public streets and do not detract from other major character-defining aspects of the site. The location of detached solar arrays should also consider visibility from adjacent properties, which shall be reduced to the extent possible while still maintaining solar access.
The installation of solar arrays and collectors shall not be permitted if it results in the removal of historic roofing materials in order to add solar panels; disturbing the original roofline, dormers, chimneys or other original features to add solar panels; and alters the character defining elements such as historic windows, walls, siding or shutters which face public streets or contribute to the character of the building.
To the extent reasonably possible, solar panels, regardless of whether they are roof-mounted or ground-mounted, shall be oriented and/or screened year-round so that glare is directed away from adjoining properties and streets.
To the extent reasonably possible, solar energy systems shall be designed using such features as colors, materials, textures, screening and landscaping so as to blend into their settings and avoid visual blight.
Where site plan approval is required elsewhere in this chapter for a development or activity, the site plan review shall include review of the adequacy, location, arrangement, size, design, and general site compatibility of solar collectors.
All solar collector installations must be performed by a qualified solar installer, and prior to operation, the electrical connections must be inspected by the Construction Office or other appropriate electrical inspection agency as determined by the Borough. In addition, any interconnection to the public utility grid must be inspected by the appropriate public utility.
When solar storage batteries are included as part of the solar collector system, they must be placed in a secure container or enclosure meeting the requirements of the New Jersey State Building Code when in use and when no longer used shall be disposed of in accordance with the laws and regulations of Salem County and other applicable laws and regulations.
Clearing of natural vegetation for the installation of a solar energy system shall be limited to that which is necessary for the construction, operation and maintenance of the system and as otherwise prescribed by applicable laws, regulations and ordinances.
Any trees to be removed to accommodate the installation of a solar energy system shall be accompanied by a plan demonstrating the need to remove the trees. An applicant shall locate a solar energy system so that tree removal is not required to the extent practical.
Any ancillary buildings and any outside storage associated with a solar energy system must, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend the facility into the natural setting and existing environment (i.e., in an agricultural setting, accessory buildings could be designed to look like barns). Appropriate landscaping and architecture shall be provided to screen accessory structures from roads and adjacent residences.
The solar energy systems shall remain painted or finished in the color or finish that was originally applied by the manufacturer. The exterior surface of any visible components shall be a nonreflective, neutral color like white, gray or another nonobtrusive color. Finishes shall be matte or nonreflective.
The application for a zoning permit shall include the following documents and information. The information submitted by the applicant must demonstrate compliance with the provisions of this section. In the event the Zoning Officer does not believe the provisions of this section will be satisfied, an applicant may request a variance from the Woodstown Borough Planning Board.
Location and size of existing trees within and next to the area of the proposed ground-mounted system, as well as any tree proposed to be altered or removed.
Fee. The application for a zoning permit for a solar energy system must be accompanied by the zoning permit fee. The fee for such a permit shall be $100.
Any solar energy system that has generated no electricity for a period of 12 months shall be deemed to be abandoned and shall be decommissioned within a six-month period of such abandonment and subject to the following requirements:
Decommissioning shall include the removal of the entire solar panel array and all associated facilities and equipment connected thereto from the premises and the cleaning and restoration of the area to a preinstallation condition.
If said decommissioning has not been completed within the requisite six-month period, then the Borough's Zoning Officer shall provide written notice by certified mail to the landowner requiring that decommissioning be completed within 30 days of the receipt of said notice.
If the decommissioning has not been completed within 30 days of the receipt of said notice, the Borough may either undertake the decommissioning and charge the landowner and/or facility owner and operator for all of the costs and expenses thereof, including reasonable attorney's fees, or take appropriate legal action to compel the decommissioning. All costs incurred by the Borough shall be billed to the landowner and if not paid within 60 days of billing, shall become a lien against the property in the same manner that unpaid taxes would become a lien pursuant to the laws of the State of New Jersey.
Solar systems that connect to the electric utility shall comply with New Jersey's Net Metering and Interconnection Standards for Class I Renewable Energy Systems at N.J.A.C. 14:4-9.
A minimum of one sign shall be posted near ground level on the interconnection cabinet warning of high voltage. In addition, the following information shall be posted on a label or labels on the interconnection cabinet of the solar energy system:
Should the solar energy system interconnection cabinet be located on the inside of a structure, a sign notifying the existence of a solar energy system shall be placed on the outside of the building, near the electrical and/or gas meter, in order to notify emergency personnel of the solar energy system.
Solar energy system construction shall be in accordance with the appropriate sections of the Basic Building Code, as adopted and as currently amended by the State of New Jersey, and any future amendments and/or revisions to same.
The installation of a solar energy system shall conform to the National Electrical Code, as adopted by the NJDCA and/or any other applicable agency with jurisdiction. The installation of a solar energy system is subject to any and all Atlantic City Electric Company requirements for interconnection, its successors and assigns, and/or those designated by state authority, in perpetuity.
The structural design and fastening details of any solar energy system shall be signed and sealed by a professional engineer licensed in the State of New Jersey, certifying that the structural design complies with all of the standards set forth for safety and stability in all applicable codes then in effect in the State of New Jersey and all sections referred to hereinabove.
The property owner and/or installer of the solar panel installation must receive approvals from any outside agencies having jurisdiction over the project prior to the installation.
At the discretion of the Woodstown Borough Construction Office, the Borough reserves the right to require the applicant to obtain and submit an as-built survey upon completion of the solar energy system, evidencing the exact location and height of the structures to ensure said installation is made in accordance with the requirements of the Borough of Woodstown.
All electric lines/utility wires shall be buried underground, as applicable, and by applicable regulation and/or code. All electric lines/utility wires leading down the side of the structure from rooftop installations shall be placed and tacked as aesthetically as possible.
When a building or cabinet is necessary for storage cells or related mechanical equipment, it must be documented as to the necessity. The building may not exceed 120 square feet in area nor eight feet in height and must be located at least the number of feet equal to the accessory building setback requirements of the zoning district from any property line. Any mechanical equipment associated with and necessary for operation, including any building or cabinet for batteries and storage cells, shall be equipped with a lock, and a small sign shall be posted on the outside of the building or cabinet notifying of the existence of solar energy system batteries and storage cells in order to notify emergency personnel.
A solar energy system shall not add, contribute to or be calculated to cause an increase in the requirements for building coverage of all buildings and/or the maximum lot impervious surface(s) coverage of any lot, parcel and/or property.
Any approval of a solar energy system does not create any actual or inferred solar energy system easement against adjacent property and/or structures. The owner and/or property owner of a solar energy system shall not infer or claim any rights to protective writs to any caused shadows or operating ineffectiveness against future development adjacent to or higher than the property location of the solar energy system. The approval of any solar energy system granted by the Borough of Woodstown under this section shall not create any future liability or infer any vested rights to the owner and/or property owner of the solar energy system on the part of the Borough of Woodstown, or by any other officer or employee thereof, for any future claims against said issuance of approval of the solar energy system that result from reliance on this section or any administrative decision lawfully made thereunder.
The Atlantic City Electric Company, its successors and assigns, and/or those designated by state authority shall be notified, in writing, of any proposed interface with that company's grid prior to installing such interface and shall conform to any legislated requirements governing installations of solar energy conversion systems so as to comply with the utility tariff specifications. A copy of said notification shall be submitted at time of application.
Solar energy systems installed prior to the adoption of this section are exempt from the requirements of this section, with the exception of Subsections R and T.
Any person who fails to comply with any provision of this section shall be subject to enforcement and penalties as stipulated in this chapter and section.
Nothing in this section shall be construed to prevent the Borough Council and/or administrative officers of the Borough of Woodstown from using any other lawful means to enforce this section.
Any Borough official may enter any property for which a permit has been applied for and/or issued under this section to conduct an inspection to determine whether the conditions stated in the permit have been met.
The sign shall be in compliance with side yard requirements, shall not exceed six feet in height and shall be set back at least 10 feet from the right-of-way.
Temporary nonilluminated real estate signs pertaining to the sale of homes or home sites within a development of five or more lots and pertaining to sponsors and/or supporting agencies for publicly funded projects, provided that:
The sign shall be in compliance with side yard requirements, shall not exceed 10 feet in height and shall be set back at least 10 feet from the right-of-way.
Not more than one such sign shall be placed within any such development unless the development fronts on more than one street, in which case one such sign may be erected on each street frontage.
The sign(s) shall be removed when all property has been transferred with single-family or townhouse developments and when all units have been constructed with apartment projects. In no case shall such a temporary sign remain standing for over one year, except with the approval of the approving authority.
The size of such sign(s) shall not exceed six square feet. One sign is permitted for each trade or profession, and allowable areas may be combined, except that no sign shall exceed 20 square feet in area.
The sign shall be in compliance with side yard requirements, shall not exceed 10 feet in height and shall be set back at least 10 feet from the right-of-way.
The sign shall be located in compliance with side yard requirements, shall not exceed six feet in height and shall be set back at least 10 feet from the right-of-way.
Not more than one such sign shall be placed on any property unless such property fronts on more than one street, in which case one such sign may be erected on each street frontage.
One freestanding sign is also permitted not to exceed 12 square feet. This sign can be placed on a property in the commercial and industrial districts.
The sign shall be located in compliance with side yard requirements, shall not exceed 10 feet in height and shall be set back at least 25 feet from the right-of-way.
Not more than one such sign shall be placed within any such development unless the development fronts on more than one street, in which case one such sign may be erected on each street frontage.
Such sign shall be attached flat against the front facade of the building, except if the building is set back more than 150 feet. In these cases, a freestanding sign may be used but must be set back a minimum of 10 feet from any right-of-way or property line.
Only one freestanding sign shall be permitted for each office or shopping complex, and it shall be erected only on the premises to which the sign relates.
The freestanding signs shall not exceed 20 square feet and shall be located in compliance with all side yard requirements. The total of all three freestanding signs shall not exceed 35 square feet. The attached sign shall not project above the roofline or away from the building more than one foot and shall not exceed 25 square feet.
Any banner proposed to extend across a public street or public space must obtain special approval from Borough Council and any other authority with jurisdiction. Banners extending over or into public spaces must be sponsored by a recognized government entity or community agency or organization, and may not contain a commercial message with the exception of event sponsors which may be identified on the sign along with the primary event. Such signs may be erected no more than 21 days prior to the event.
Signs on private property identifying a contractor or business performing work on the property, while the work is being done and for a maximum of 30 days after work is completed.
Temporary signs or banners may be permitted for a period not to exceed a total of 45 days, to promote a public, charitable, educational, civic, cultural, religious, or special event, or a special promotion.
Grand Opening signs may be displayed for 30 days prior to the opening of a new enterprise (or a new location for an existing enterprise), and for 45 days after the opening.
The time of display of the maximum of two temporary signs that were permitted with one temporary sign permit must be spaced apart by a minimum of 60 days, during which intervening time there are to be no temporary signs on the property.
Political signs shall not be placed on public property, which is defined as all publicly owned property, including streets, rights-of-way, easements and everything affixed thereto and thereover.
All permitted signs shall not be construed, erected or located in a manner which obstructs the visibility of motorists or pedestrians proceeding along or entering or leaving the public way, whether at intersection or driveways, or in a manner that is unsafe, insecure or a danger to the public safety.
Off-site advertising signs (billboards). No sign may be attached to a building or erected independently for any purpose other than to advertise a permitted use conducted on the same premises.
Signs pained on the exterior walls of buildings having the physical characteristics of billboards, whether or not they relate to the business transacted on the premises.
No sign shall be erected which will obstruct free and clear vision on any street or obstruct the view of or be confused with any traffic sign, signal or device.
No sign shall extend over any sidewalk or public right-of-way, nor shall any sign extend beyond any property line. Minor deviations may be permitted to the extent necessary to attach a sign to the front of a building, which building fronts a public sidewalk. Such deviations shall be granted on a case-by-case basis after review and consideration by the Municipal Planning Board.
Illumination. All sign lighting shall be designed and directed to protect the adjoining properties and streets from glare. No signs shall be illuminated with flashing lights. Reflectors and lights permitted in conjunction with signs will be equipped with restraining hoods or shields to concentrate the illumination of the sign.
All signs shall require the issuance of a zoning permit. Applications to erect or construct a sign shall be part of a site plan review or shall be directed to the Zoning Officer for an existing use. The application shall include sufficient information and sketches to indicate compliance with this section.
Maintenance. All signs, together with their supports, braces, guys and anchors, shall be maintained in good condition. Whenever a sign is deemed to be dilapidated or structurally unsafe, the Zoning Officer shall order the owner, in writing, to repair said sign or remove it. The owner shall comply with the order within 10 days or be subject to the penalties stipulated in this Part 3.
Notwithstanding anything contained herein to the contrary, one freestanding portable sign shall be permitted for each retail business selling merchandise within the Borough of Woodstown.
No such portable sign shall be higher than four feet above the sidewalk or top of the curbline. It may be no greater than eight square feet per side and have only two sides for advertising information.
Signs permitted in this subsection may only be displayed during normal business hours of the subject retail business. Signs must be removed at the end of the business day and may not be replaced until the commencement of normal business hours on the following day.
With consent of the property owner or tenant, signs advertising nonprofit events such as a blood drive, public tour or other community event may be displayed on or adjacent to a retail or residential premises. Such community signs need not be removed during hours when the adjacent retail business is closed but must be removed no later than 24 hours after the advertised event.
The height of a fence on a property line in a residential area shall not exceed four feet in the front and side yards and six feet in the rear yard. Fences which need to exceed the height (tennis courts, swimming pools, dog runs) shall meet the required yard setbacks. Security fences around commercial, industrial or institutional uses shall not exceed 10 feet.
Fences shall not be erected of barbed wire, topped with metal spikes nor constructed in any manner which may be dangerous to persons or animals, except that these provisions shall not apply to a farm and except, further, that fences around commercial and industrial uses may be topped by a protective barrier.
All fences shall be maintained in sound condition. Whenever a fence or portion thereof is determined to be structurally unsafe, the Zoning Officer shall order the owner, in writing, to repair said fence or remove it within 10 days or be subject to the penalties stipulated in this Part 3.
§ 67-52 Driveways.
Any driveway providing access from a public street to any permitted use or structure shall comply with the following regulations:
The portion of the driveway between the existing shoulder and the right-of-way line shall be paved according to borough specifications as a driveway extension in residential areas.
Any curb opening shall be properly reconstructed to the satisfaction of the Municipal Engineer or the County Engineer along county roads. When curbing does not exist and conditions warrant, an adequate drainpipe shall be installed by the owner at the owner's expense, as determined by the Municipal Engineer.
Driveway widths shall conform to the design standards specified in § 67-87 of Part 4 of this chapter. For permitted uses which are not subject to site plan review, driveways shall have a minimum width of 10 feet and a maximum width of 20 feet.
No driveway shall be constructed or maintained so that any part of it provides access to or from a public street at a point within 75 feet of the intersection of the right-of-way.
§ 67-53 Visibility at intersections.
The following requirements shall apply in all districts and shall supplement the sight triangle easements required during site plan or subdivision review. (See Plates 7 through 10.)[1]
Nothing shall be erected, placed or allowed to grow in such a manner as to materially impede vision between a height of 30 inches and 10 feet above the center-line grade of the intersecting streets or driveways within the triangular area formed by the intersecting street and driveway lines and:
For corner lots, a straight line joining points located on said line a distance of one foot for each mile of allowed speed limit from the intersection of the street lines.
For a driveway entering a public street, a straight line joining points located a distance of one foot for each mile of allowed speed limit along the street line and a point a distance of 15 feet along the driveway line from the intersection of the street and driveway lines.
For lots contained on the inside of a curve, a straight line joining points located a distance of one foot for each mile of allowed speed limit from the intersection of the side yard boundary lines and the edge of the street for the lot in question.
Whenever a front yard requirement is modified under § 67-42 of this Part 3, the measurement line from that section shall be used in defining the triangular area rather than the street line.
This swimming pool and apron shall not be located in the front yard and the water of the pool shall be set back at least 10 feet from any side or rear property lines.
Any portion of the perimeter of a private swimming pool that does not abut the principal dwelling or accessory building must be surrounded by a suitable fence at least four feet but less than seven feet in height to prevent access by small children or pets.
Prior to the issuance of a construction permit, the provisions of § 67-91 of the Code of the Borough of Woodstown shall be followed regarding the approval of a grading plan.
[Added 12-8-2020 by Ord. No. 2020-10]
§ 67-55 Off-street parking and loading.
Adequate off-street parking and loading, open-air or indoor, shall be provided with all new construction, the creation of new uses or the expansion or alteration of existing uses, according to the standards specified in the Site Plan Review Part.[1]
A description of the project, specifying, in the form of maps, drawings, graphs or similar visual aids and also by narrative, what is to be done and how it is to be done during and after construction of the project, including information and technical data adequate to permit a careful assessment of the environmental impact of the project.
An inventory of the existing environmental conditions at the project site and in the surrounding region affected thereby, which shall describe the following:
Air quality and water quality shall be described with reference to the standards promulgated by the Department of Environmental Protection of the State of New Jersey, and soils shall be described with reference to criteria contained in the Northeast Soil Conservation District Standards and Specifications.
A listing of all licenses, permits or other approvals required by municipal, county or state law, the status of each and proof that the applicant has contacted officials of any federal, state, county or municipal agency affected by the proposed project.
A listing and evaluation of adverse environmental impacts which cannot be avoided, with particular emphasis upon air or water pollution, increases in noise during and after construction, damage to plant, tree and wildlife systems, damage to natural resources, displacement of people and businesses, increases in sedimentation and saltation, flooding, potential stormwater runoff damage, both on and off site, increases in municipal services and the health, safety and well-being of the public. Off-site impact shall also be set forth and evaluated. Development applications for property located within the CR or CONS Zone shall not be approved if the environmental impact statement or worksheet discloses an adverse environmental impact.
A thorough description of the steps to be taken to minimize adverse environmental impact before, during and after construction of the project, both at the project site and in the surrounding region affected thereby, such description to be accompanied by necessary maps, schedules and other explanatory data as may be needed to clarify and explain the actions to be taken.
A statement of alternatives to the proposed project which might avoid some or all of the adverse environmental effects, including a no-action alternative, with an objective evaluation of each alternative, including the no-action alternative.
Form. The form of environmental impact statement shall be prescribed by the Joint Environmental Commission established pursuant to Section 9-1 et seq. The Environmental Commission shall prepare an appropriate worksheet and amend same from time to time as deemed necessary and submit such worksheet and any amendments thereto to the Woodstown Planning Board for review and approval. The most current worksheet shall be utilized for all development applications for which an environmental impact statement is required.
Preparation. The environmental impact statement shall be prepared by a licensed professional engineer or such other person as the Municipal Planning Board may accept as having sufficient expertise for the preparation of the required impact statement and shall follow the form prescribed by the Joint Environmental Commission in the environmental impact statement worksheet.
Waiver. Notwithstanding the foregoing, the Planning Board may waive all of a portion of the requirements for an environmental impact statement if sufficient evidence is submitted by the applicant to support a conclusion that the proposed project will have a slight or negligible environmental impact.
§ 67-57.1 Open space and recreation.
[Added 7-13-04 by Ord. No. 601]
Adequate open space and recreation shall be provided with all new construction, the creation of new uses or the expansion or alteration of existing uses, according to the standards specified in Part 5, Subdivision of Land Section 67-106.1.
Solar energy systems shall be permitted accessory uses to the permitted principal and other accessory uses on a lot and shall not involve the production of power for off-premises consumption nor shall such a use constitute the principal use of any lot. This prohibition shall not be interpreted to preclude the occasional sale of excess power from a solar energy system back to the public electric utility provider. For systems intended for uses other than the ones stated, or for any commercial projects, site plan approval is required.
Either rooftop and building-mounted solar collectors or ground-mounted arrays and freestanding solar collectors are permitted to be installed, but not both.
Installation of rooftop and building-mounted solar collectors shall require a zoning permit from the Zoning Officer and a building permit from the Construction Office prior to installation.
Solar panels may extend a maximum of six inches above the roof; further provided that the panels follow the pitch of the roof and do not exceed the maximum permitted height of the prevailing zone.
Rooftop installations must not interfere with any operation of plumbing fixtures protruding from the rooftop level, as required by the New Jersey Plumbing Codes.
Ground-mounted arrays and freestanding solar collectors are permitted as accessory structures in all zoning districts only if mounting is determined, by the Zoning Officer, to be impractical by the property or homeowner, subject to the following requirements:
Installation of ground-mounted arrays and freestanding solar collectors shall require a zoning permit from the Zoning Officer and a building permit from the Construction Office prior to installation.
Locate ground-mounted arrays of solar panels and solar devices at a site in the rear or side yard if the arrays are not visible from the public streets and do not detract from other major character-defining aspects of the site. The location of detached solar arrays should also consider visibility from adjacent properties, which shall be reduced to the extent possible while still maintaining solar access.
Submission of a plot plan that shows the location of the proposed ground-mounted array and freestanding solar collectors. A minor site plan shall be required if the total surface area of all ground-mounted and freestanding solar collectors on the lot exceeds 1,200 square feet.
Solar panels on roof surfaces shall not be visible from a public right-of-way. However, solar shingles may be added to a roof surface visible from a public way if low- or nonreflective shingles are used.
Set solar panels and solar devices back from the edge of a flat roof to minimize visibility. Panels and devices may be set at a pitch and elevated, if not visible from public streets.
Locate detached arrays of solar panels and solar devices at an historic site in the rear or side yard if the arrays are not visible from the public streets and do not detract from other major character-defining aspects of the site. The location of detached solar arrays should also consider visibility from adjacent properties, which shall be reduced to the extent possible while still maintaining solar access.
The installation of solar arrays and collectors shall not be permitted if it results in the removal of historic roofing materials in order to add solar panels; disturbing the original roofline, dormers, chimneys or other original features to add solar panels; and alters the character defining elements such as historic windows, walls, siding or shutters which face public streets or contribute to the character of the building.
To the extent reasonably possible, solar panels, regardless of whether they are roof-mounted or ground-mounted, shall be oriented and/or screened year-round so that glare is directed away from adjoining properties and streets.
To the extent reasonably possible, solar energy systems shall be designed using such features as colors, materials, textures, screening and landscaping so as to blend into their settings and avoid visual blight.
Where site plan approval is required elsewhere in this chapter for a development or activity, the site plan review shall include review of the adequacy, location, arrangement, size, design, and general site compatibility of solar collectors.
All solar collector installations must be performed by a qualified solar installer, and prior to operation, the electrical connections must be inspected by the Construction Office or other appropriate electrical inspection agency as determined by the Borough. In addition, any interconnection to the public utility grid must be inspected by the appropriate public utility.
When solar storage batteries are included as part of the solar collector system, they must be placed in a secure container or enclosure meeting the requirements of the New Jersey State Building Code when in use and when no longer used shall be disposed of in accordance with the laws and regulations of Salem County and other applicable laws and regulations.
Clearing of natural vegetation for the installation of a solar energy system shall be limited to that which is necessary for the construction, operation and maintenance of the system and as otherwise prescribed by applicable laws, regulations and ordinances.
Any trees to be removed to accommodate the installation of a solar energy system shall be accompanied by a plan demonstrating the need to remove the trees. An applicant shall locate a solar energy system so that tree removal is not required to the extent practical.
Any ancillary buildings and any outside storage associated with a solar energy system must, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend the facility into the natural setting and existing environment (i.e., in an agricultural setting, accessory buildings could be designed to look like barns). Appropriate landscaping and architecture shall be provided to screen accessory structures from roads and adjacent residences.
The solar energy systems shall remain painted or finished in the color or finish that was originally applied by the manufacturer. The exterior surface of any visible components shall be a nonreflective, neutral color like white, gray or another nonobtrusive color. Finishes shall be matte or nonreflective.
The application for a zoning permit shall include the following documents and information. The information submitted by the applicant must demonstrate compliance with the provisions of this section. In the event the Zoning Officer does not believe the provisions of this section will be satisfied, an applicant may request a variance from the Woodstown Borough Planning Board.
Location and size of existing trees within and next to the area of the proposed ground-mounted system, as well as any tree proposed to be altered or removed.
Fee. The application for a zoning permit for a solar energy system must be accompanied by the zoning permit fee. The fee for such a permit shall be $100.
Any solar energy system that has generated no electricity for a period of 12 months shall be deemed to be abandoned and shall be decommissioned within a six-month period of such abandonment and subject to the following requirements:
Decommissioning shall include the removal of the entire solar panel array and all associated facilities and equipment connected thereto from the premises and the cleaning and restoration of the area to a preinstallation condition.
If said decommissioning has not been completed within the requisite six-month period, then the Borough's Zoning Officer shall provide written notice by certified mail to the landowner requiring that decommissioning be completed within 30 days of the receipt of said notice.
If the decommissioning has not been completed within 30 days of the receipt of said notice, the Borough may either undertake the decommissioning and charge the landowner and/or facility owner and operator for all of the costs and expenses thereof, including reasonable attorney's fees, or take appropriate legal action to compel the decommissioning. All costs incurred by the Borough shall be billed to the landowner and if not paid within 60 days of billing, shall become a lien against the property in the same manner that unpaid taxes would become a lien pursuant to the laws of the State of New Jersey.
Solar systems that connect to the electric utility shall comply with New Jersey's Net Metering and Interconnection Standards for Class I Renewable Energy Systems at N.J.A.C. 14:4-9.
A minimum of one sign shall be posted near ground level on the interconnection cabinet warning of high voltage. In addition, the following information shall be posted on a label or labels on the interconnection cabinet of the solar energy system:
Should the solar energy system interconnection cabinet be located on the inside of a structure, a sign notifying the existence of a solar energy system shall be placed on the outside of the building, near the electrical and/or gas meter, in order to notify emergency personnel of the solar energy system.
Solar energy system construction shall be in accordance with the appropriate sections of the Basic Building Code, as adopted and as currently amended by the State of New Jersey, and any future amendments and/or revisions to same.
The installation of a solar energy system shall conform to the National Electrical Code, as adopted by the NJDCA and/or any other applicable agency with jurisdiction. The installation of a solar energy system is subject to any and all Atlantic City Electric Company requirements for interconnection, its successors and assigns, and/or those designated by state authority, in perpetuity.
The structural design and fastening details of any solar energy system shall be signed and sealed by a professional engineer licensed in the State of New Jersey, certifying that the structural design complies with all of the standards set forth for safety and stability in all applicable codes then in effect in the State of New Jersey and all sections referred to hereinabove.
The property owner and/or installer of the solar panel installation must receive approvals from any outside agencies having jurisdiction over the project prior to the installation.
At the discretion of the Woodstown Borough Construction Office, the Borough reserves the right to require the applicant to obtain and submit an as-built survey upon completion of the solar energy system, evidencing the exact location and height of the structures to ensure said installation is made in accordance with the requirements of the Borough of Woodstown.
All electric lines/utility wires shall be buried underground, as applicable, and by applicable regulation and/or code. All electric lines/utility wires leading down the side of the structure from rooftop installations shall be placed and tacked as aesthetically as possible.
When a building or cabinet is necessary for storage cells or related mechanical equipment, it must be documented as to the necessity. The building may not exceed 120 square feet in area nor eight feet in height and must be located at least the number of feet equal to the accessory building setback requirements of the zoning district from any property line. Any mechanical equipment associated with and necessary for operation, including any building or cabinet for batteries and storage cells, shall be equipped with a lock, and a small sign shall be posted on the outside of the building or cabinet notifying of the existence of solar energy system batteries and storage cells in order to notify emergency personnel.
A solar energy system shall not add, contribute to or be calculated to cause an increase in the requirements for building coverage of all buildings and/or the maximum lot impervious surface(s) coverage of any lot, parcel and/or property.
Any approval of a solar energy system does not create any actual or inferred solar energy system easement against adjacent property and/or structures. The owner and/or property owner of a solar energy system shall not infer or claim any rights to protective writs to any caused shadows or operating ineffectiveness against future development adjacent to or higher than the property location of the solar energy system. The approval of any solar energy system granted by the Borough of Woodstown under this section shall not create any future liability or infer any vested rights to the owner and/or property owner of the solar energy system on the part of the Borough of Woodstown, or by any other officer or employee thereof, for any future claims against said issuance of approval of the solar energy system that result from reliance on this section or any administrative decision lawfully made thereunder.
The Atlantic City Electric Company, its successors and assigns, and/or those designated by state authority shall be notified, in writing, of any proposed interface with that company's grid prior to installing such interface and shall conform to any legislated requirements governing installations of solar energy conversion systems so as to comply with the utility tariff specifications. A copy of said notification shall be submitted at time of application.
Solar energy systems installed prior to the adoption of this section are exempt from the requirements of this section, with the exception of Subsections R and T.
Any person who fails to comply with any provision of this section shall be subject to enforcement and penalties as stipulated in this chapter and section.
Nothing in this section shall be construed to prevent the Borough Council and/or administrative officers of the Borough of Woodstown from using any other lawful means to enforce this section.
Any Borough official may enter any property for which a permit has been applied for and/or issued under this section to conduct an inspection to determine whether the conditions stated in the permit have been met.