Throughout the several residential and service zones of Sandyston Township, no building shall hereafter be erected, moved, structurally altered, added to, enlarged or rebuilt, nor shall any land be designed, used or altered for any purpose other than those included among the permitted uses in each zone by this chapter, as set forth by the requirements of Articles III through IX and the applicable standards and provisions.
[Amended 1-6-1997 by Ord. No. 12-96]
No accessory building shall be erected on any lot without a principal building being also present, nor shall any accessory building be used as a dwelling unless such accessory building is an Elder Cottage conforming with § 150-10.
A.
No accessory building shall exceed a height of 18
feet, except on farms.
B.
Accessory buildings shall be located at least 10 feet
from the principal building on the same lot, and, when more than one,
the various accessory buildings shall be at least six feet apart.
No front yard shall be occupied by an accessory building.
C.
Accessory buildings shall be erected so as to meet the yard requirements shown in the Schedule, § 150-8.
D.
Elder cottages shall meet the following requirements:
(1)
Not more than one elder cottage shall be located on
any single lot.
(2)
Separate and additional driveways for elder cottages
are prohibited.
(3)
Each elder cottage, together with its foundation and
any other appurtenances, shall be removed and the site restored within
90 days of the death of the original qualifying occupant(s) or the
date of cessation of the use of such elder cottage by such occupants
due to a permanent change in the primary residency of such occupant(s).
(4)
Adequate water supply and sewage disposal shall be
provided for each unit in accordance with the health and sanitary
requirements of the Township of Sandyston.
(5)
Each application to the Zoning Official, Construction
Official or other appropriate officer or agency for zoning, construction
or other approval or permit to allow the construction, erection or
location of any elder cottage shall be supported by the following:
(a)
Name and address of the owner(s) of the premises.
(b)
Tax sheet, block and lot numbers.
(c)
Verification by affidavit or certification of
the name, date of birth and relationship of the person(s) who will
occupy the elder cottage to the person(s) residing in the principal
dwelling.
(d)
Verification from the governmental agency which
owns the proposed elder cottage that such agency consents to the application
and that the applicant qualifies for the governmental program which
supports such housing together with a proposed form of lease establishing
such agency as the owner/lessor of such elder cottage and a responsible
party for the removal of the unit in accordance with this section,
and naming the Township of Sandyston as an intended beneficiary of
the obligations under such lease.
(e)
A plot plan derived from an accurate survey,
showing lot area and dimensions, location of the principal dwelling,
location of all existing accessory buildings and structures, proposed
location of the elder cottage, setbacks of the proposed elder cottage
to all lot lines and other buildings and structures on the lot and
location of existing and proposed water supply and sewage disposal
systems.
A.
Yard requirements shall be extended beyond those of § 150-8 so that for a distance of at least 30 feet from the intersection, there shall be an unobstructed view across the lot from each street to the other.
B.
Within the area described above, no fence, wall or
structure of more than 2 1/2 feet in height shall be erected
nor shall any planting in the same area be permitted to exceed 2 1/2
feet in height.
No permit shall be granted for the erection
or occupancy of a building if its design or construction creates or
is likely to create a hazard or exceptional risk of traffic congestion
or to public safety.
[Amended 11-5-1997 by Ord. No. 4-97; 8-3-1999 by Ord. No. 4-99]
[Amended 9-1-1977]
This section applies to such public utilities as water filtration plants, sewage disposal plants, pumping stations, sanitary landfills, high-voltage lines and substations. It also applies to such institutions as private or public schools; hospitals; clinics; convalescent, rest or nursing homes; and to government buildings; clubs, as regulated in § 150-28C; and other recreational facilities. Inasmuch as such uses and structures may be inimical to the public health, safety and general welfare if established without due consideration of all relevant factors, they are conditionally permitted in Zones A, B, C and D under the terms of this chapter, to be established only after review and approval by the Planning Board, and the following procedure is therefore ordained for their establishment:
A.
An application for a conditional use permit shall be made to the Planning Board, accompanied by a site plan showing the entire site and upon which shall be shown the location of all existing or proposed structures, along with such fences and safety devices as may be required by the nature of the use and such landscaping as will bring the facility into harmony with the character of the residential zone in which it is located. In the case of institutional uses, proof must be submitted that at least five acres of land are to be used and that the proposed buildings do not cover more than 25% of the lot area and that no structure will be closer than 75 feet to any street line or 50 feet to any property line. In the case of schools, the acreage occupied must be sufficient to provide for adequate and rapid permeation of effluent from waste treating systems without polluting the groundwater resources. In the case of hospitals, nursing homes, etc., where occupants are cared for on a twenty-four-hour basis, the area occupied shall be sufficiently large so that the density shall not exceed that of the zone involved, assuming five persons per family, including patients and service personnel, unless the building or buildings are connected with an approved sewage-treating facility. Off-street parking spaces shall be provided in accordance with the requirements of § 150-17B and 150-19. Service or storage yards which are not fully compatible with the character of residential zones shall be shown to be necessary adjuncts of the proposed use to the satisfaction of the Planning Board and be considered accordingly.
B.
After a hearing on the application, the Planning Board
may order the issuance of a conditional use permit if, from the evidence
adduced at the hearing, it shall find that the proposed conditional
use and each proposed structure:
(1)
Is reasonably necessary for the convenience of the
community and is a use permitted in the zone as a conditional use.
(2)
Will not be detrimental to the owners of properties
in the vicinity in their use and enjoyment thereof.
(3)
Will not create undue traffic congestion or other
safety hazards.
(4)
Will have available an adequate supply of potable
water and will be served by a sanitary waste disposal system which
will be acceptable to the appropriate authorities.
(5)
Complies with all area and yard requirements, height
limits or other requirements contained in this chapter.
(6)
Is designed so as to conform to and harmonize with
the general character of the area and will not adversely affect the
safe and comfortable enjoyment of properties in the zone.
(7)
Will not constitute a substantial detriment to the
public good and will not substantially impair the intent and purpose
of the zone plan and this chapter.
C.
The Planning Board may require the submission of preliminary
building plans and such other information as it may require for full
consideration of the application and, to that end, may employ technical
experts, any expense incurred thereby to be charged to and borne by
the applicant.
D.
The Planning Board may impose such reasonable conditions upon the issuance of a conditional use permit as it may deem necessary to protect the public interest and promote the purposes of zoning as set forth in § 150-2 of this chapter. Specifically, but not by way of limitation, the Planning Board may impose conditions calculated to provide adequate off-street parking facilities, adequate open areas, adequate and attractive fences and other safety devices, where required, and sufficient landscaping, including shrubs, trees and lawns, and adequate maintenance thereof.
E.
High-voltage overhead transmission lines shall be
subject to site plan review and approval by the Planning Board.
F.
Outdoor sales. It shall be unlawful for any person
or entity to conduct an outdoor sale without first having obtained
a zoning permit from the Zoning Officer of Sandyston Township for
said sale. Outdoor sales which have been approved by a site plan granted
by the Land Use Board and farm stands are excluded from the definition
of "outdoor sales" and are not regulated by the provisions of this
section.
[Added 12-11-2007 by Ord. No. 12-07]
(1)
The Zoning Officer may issue a permit for the outdoor
sale, provided that the following requirements are satisfied:
(2)
Application requirements. Any person desiring to hold
an outdoor sale, as defined in this article, shall file with the Land
Use Administrator, 30 days prior to the opening day of said sale,
a written application containing the following information;
(a)
The name and address of the owner of the property
where the sale is to be held.
(b)
The name and permanent address of the applicant
for the permit.
(c)
A description of the place where the sale is
to be held, including the street address and the tax lot and block
on the Sandyston Township Tax Map.
(d)
The name of the business operating the sale,
including the corporate name, trade name and business name of the
business.
(e)
The nature of the occupancy of the property,
whether by ownership, lease or sublease.
(f)
The dates on which the sale is to be conducted.
(g)
A description of the merchandise, products,
equipment, material or objects to be sold outdoors.
(h)
A letter from the company, firm or organization
for which the applicant purports to work, authorizing the applicant
to act as its representative and make application for the permit.
(i)
A letter from the individual or entity owning
the real property consenting to the outdoor sale.
(j)
A full and complete statement of facts regarding
the sale, including a description of the sale and the reason therefor,
and the manner in which the sale will be conducted.
(3)
The Land Use Administrator shall deliver the application
to the Township Zoning Officer.
(4)
The applicant shall pay a fee in the sum of $15 to
the Sandyston Township at the time of the filing of the application.
(5)
Processing of application. Following the filing of
an application for a permit for an outdoor sale and upon the satisfaction
of all requirements herein, the Township Zoning Officer shall issue
the zoning permit for the outdoor sale for which the application is
made.
(6)
Regulations governing the operation of outdoor sales.
The following regulations shall be complied with in the operation
of the outdoor sale:
(a)
The items offered for sale in the outdoor sale
shall be the same goods as sold inside the building.
(b)
The outdoor sale shall be conducted for a time
period of no more than 120 days annually.
(c)
The zoning permit for the outdoor sale shall
specify the dates for which the license is issued. The duration of
the sale shall be limited to those dates.
(d)
The applicant shall display the zoning permit
for the outdoor sale prominently on the property where the sale is
being located.
(e)
All items from the outdoor display must be brought
in every evening throughout the duration of the sale.
(f)
The hours of operation of the outdoor sale shall
be limited to the periods between 9:00 a.m. and 9:00 p.m.
(g)
The premises shall be completely cleaned of
debris upon the completion of the sale, including the adjacent street
or highway.
(h)
Any zoning permit issued hereunder shall not
be assignable or transferable.
(7)
Violations and penalties. Any person, firm or corporation violating any of the provisions of Subsection F shall, upon conviction therefor, be subject to a fine not to exceed $500 or imprisonment in the county jail for a term not to exceed 90 days, or both. Each day of the sale in violation of any or all of the provisions of Subsection F shall constitute a separate offense.
(8)
Revocation of permit. In addition thereto, the Zoning Officer may revoke any permit granted hereunder after reasonable opportunity for the permittee to be heard for any violation of the provisions of this Subsection F or any other chapter of the Code of Sandyston Township which may affect the operation of the permittee's business.
[Added 12-11-2012 by Ord. No. 2012-08]
A.
Clothing bin permit requirements.
(1)
No person shall place, use, or employ a donation clothing bin, for
solicitation purposes, within the Sandyston Township, unless they
have complied with all of the requirements set forth in N.J.S.A. 40:48-2.61.
(2)
No permit for a clothing bin shall be issued unless the applicant
can demonstrate that the placement of the clothing bin is permitted
by the site plan or that it will have no effect on zoning and/or site
plan requirements and regulations as determined by the zoning official.
(3)
Each permit will require the following information as minimal requirements:
(4)
Each permit with permit number will be posted on each bin in a place
easily visible to all.
B.
Clothing bin permit application, duration and fee.
(1)
The Municipal Zoning Officer shall be the municipal agency as referenced
in N.J.S.A. 40:48-2.61 to accept applications, process them and issue
clothing bin permits.
(2)
The permit fee shall be $25 for the initial application. Annual renewals
of said permit will require a renewal fee of $15.
(3)
Permits issued by the Zoning Officer shall be valid for one year.
(4)
Each permit holder must report annually, no later than March 1, the
annual tonnage handled under each permit.
C.
Penalty for violations. Any person or entity violating this section
provision of N.J.S.A. 40:48-2.60 et seq. shall be to the penalties
set forth in N.J.S.A. 40:48§ 2.63.
[1]
Editor's Note: Former § 150-15, Yards, was repealed
11-1-2005 by Ord. No. 10-05.
[Amended 12-14-1993 by Ord. No. 7-93]
A.
The height
limitations of this chapter shall not apply to church spires, silos,
belfries, chimneys on dwellings, ventilators, skylights, bulkheads,
antennas and necessary mechanical appurtenances usually carried above
the roof level.
B.
The provisions of the Land Use Ordinance that affect height of structures
is hereby waived for any homeowner that must, as a result of federal
government act, raise a conforming structure to the base flood elevation
as may be set from time to time by FEMA or any appropriate federal
government agency. This waiver will be of no consequence if for any
reason other than overall height the structure is or becomes a nonconforming
structure.
[Added 12-17-2013 by Ord. No. 2013-11]
[Amended 5-1-1986]
A.
Off-street parking in residential and nonresidential
districts shall be provided as follows:
|
Use
|
Minimum Number of Required Spaces
| |
|---|---|---|
|
Assembly hall, auditorium
|
1 for each 100 square feet of gross floor area
or 1 for each 4 seats, whichever is greater
| |
|
Bank
|
8 for each teller window
| |
|
Bowling alley
|
4 for each alley
| |
|
Church, house of worship
|
1 for each 3 seats or 1 for each 72 inches of
seating space when benches rather than seats are used
| |
|
Club
|
20, plus 1 additional for each 200 square feet
of gross floor area
| |
|
College
|
1 for every 2 students
| |
|
Community center
|
Same as auditorium
| |
|
Dwelling
| ||
|
Single-family detached
|
2
| |
|
Two-family
|
1.5 per dwelling unit
| |
|
Townhouse
|
1.5 to 2.0 per dwelling unit, depending upon
number of bedrooms and availability of visitor parking. (Note: The
number of required spaces may be increased to accommodate variations
in geographical location, number of bedrooms and age of occupants.)
| |
|
Multiple-family
|
1.5 to 2.0 per dwelling unit, depending upon
number of bedrooms and availability of visitor parking
| |
|
Grade school
|
1 for each teacher and employee, plus 10 percent
| |
|
High school, prep school
|
10 for each classroom
| |
|
Funeral home, mortuary
|
10, plus 1 for each 50 square feet of space
devoted to chapel or slumber rooms
| |
|
Hospital
|
1.5 for each bed
| |
|
Industrial use
|
1 for each employee on maximum shift, plus 10
percent, or 1 for each 300 square feet of gross floor area
| |
|
Manufacturing use
|
Same as industrial use
| |
|
Motels and hotels
|
1 for each room
| |
|
Nursing home
|
1 for each 2 beds
| |
|
Office, general and professional
|
1 for each 250 square feet of gross floor area
| |
|
Restaurant
|
1 for each 2 seats devoted to service
| |
|
Research laboratory
|
1 for each employee on the maximum shift, plus
10%, 1 for each 250 square feet of gross floor area
| |
|
Retail store, service business
|
1 for each 200 square feet of floor area
| |
|
Shopping center
| ||
|
10 to 25 acres
|
6 for each 1,000 square feet of gross floor
area
| |
|
26 to 50 acres
|
5.5 for each 1,000 square feet of gross floor
area
| |
|
50 acres or more
|
5.3 for each 1,000 square feet of gross floor
area
| |
|
Skating rink
|
1 for each 120 square feet of rink area
| |
|
Service station
|
2 for each bay, plus 1 for each service vehicle
| |
|
Storage warehouse
|
1 for each employee on maximum shift, plus 10
percent, or 1 for each 750 square feet of gross floor area
| |
|
Theater
|
1 for each 4 seats
| |
|
Wholesale store, motor vehicle establishment,
furniture store
|
1 for each 400 square feet of gross floor area,
plus 1 for each employee on maximum shift
| |
B.
For any use permitted in the residential or nonresidential
districts for which specific parking requirements have not been designated,
the minimum number of spaces shall be determined by the number of
employees, visitors or customers that can be expected at any time.
For all buildings or parts thereof hereafter
erected in the service zones, there shall be provided and maintained
one off-street loading space, which shall be at least 10 feet in width
and 25 feet in length and shall have a fourteen-foot clearance above
grade.
[Amended 5-1-1986]
A.
All off-street parking areas shall be paved with macadam.
The paving shall consist of two inches of bituminous concrete surface
course, three inches of bituminous stabilized base and four inches
of dense-graded aggregate base material.
[Amended 12-11-2007 by Ord. No. 12-07]
B.
Adequate drainage shall be provided for throughout
the parking area.
C.
General illumination throughout the parking area shall
be 0.5 footcandle. All lighting shall be arranged as to reflect the
light down, away from all adjacent residential buildings, residential
districts or streets.
D.
Each parking space shall be line-painted and shall
have a minimum width of 10 feet and a minimum depth of 20 feet. Where
required, curbing shall be either poured concrete or Belgian block.
E.
The off-street parking area shall be effectively screened
on any side which adjoins or faces premises situated in any residential
district or institutional premises by a solid, uniformly painted fence
or wall not less than four feet nor more than six feet in height,
maintained in good condition; provided, however, that where the adjacent
owners agree, in writing, a screening of hedge or other natural landscaping
may be substituted for the required fence or wall.
F.
The off-street parking area shall be subject to approval
of the Planning Board to ensure its adequacy, relation to traffic
safety and protection of the adjacent properties and to further assure
that all requirements of this article are complied with.
G.
No part of any off-street parking area shall be closer
than 10 feet to any residential district line, residential property
line, institutional building or street right-of-way and no closer
than three feet to any building.
H.
No part of any off-street parking or loading area
shall be used for commercial repair work or servicing of any kind.
I.
All such parking space shall be considered to be required
space on the lot on which it is located unless otherwise stated in
writing and shall not otherwise be encroached upon or reduced in any
manner.
The following are specifically prohibited in
any zone in Sandyston Township:
A.
Airports and heliports.
B.
Auction markets.
E.
Billboards, signboards, commercial signs and devices
not expressly related to the business or profession being conducted
on the premises or otherwise specifically permitted by ordinance.
F.
Carousels, merry-go-rounds, roller coasters, open-air
theaters, Ferris wheels, whirl-a-gigs, pony or train rides, midways,
side shows, carnivals and similar outdoor commercial recreational
activities, lunch counters, road stands and the like, without special
review by the Board of Adjustment.
G.
Migrant labor camps or housing.
H.
Sand- and gravel pits and other mining operations.
I.
Seasonal cottages, bungalow colonies or camps which
are owned and operated as a commercial enterprise for profit or income,
without review and approval by the Planning Board.
J.
Trailers for dwellings, business, mobile home parks
or storage.
L.
Communications towers for the transmission or reception
of radio, television, telephone or other communications.
[Added 12-14-1993 by Ord. No. 7-93]
M.
Kennels of any type, and as further defined in § 150-4 of this Code, are prohibited in all zones.
[Added 4-12-2016 by Ord.
No. 2016-02]
N.
All classes
of cannabis establishments, cannabis distributors and cannabis delivery
services, as said terms are defined in Section 3 of P.L. 2021, c.
16,[3] but not the delivery of cannabis items and related supplies
by a delivery service.
[Added 7-20-2021 by Ord. No. 2021-07]
[3]
Editor's Note: See N.J.S.A. 24:6I-33.
A.
Garages, service stations, repair establishments and
car laundries shall be prohibited in all residential zones and shall
be permitted only in service zones subject to review of site plans
and final approval by the Planning Board as accorded other conditional
uses. Plans for the construction of a new building or the alteration
of an old one for the servicing, repair or cleaning of motor vehicles,
including the sale of fuel and lubricant, shall be submitted to the
Planning Board, in writing, with documents, including the following:
[Amended 9-1-1977]
(1)
A site plan, drawn to scale, showing entrances, exits,
driveways and the locations of all lifts, tanks, pumps and other essential
mechanical features. Architectural features should be in harmony with
other business or service buildings in the zone.
(2)
The width of all streets upon which the premises abuts.
(3)
The location, use and type of all buildings within
three hundred (300) feet of the boundary of the premises.
(4)
Where the applicant is other than the owner of the
premises, the written consent of the owner must be included as part
of the application.
(5)
The lot or parcel occupied shall have a street frontage
of at least 125 feet and an average depth of 100 feet or more. The
walls of the principal building shall be at least 25 feet or more
from the nearest property lines, and gasoline filling stations shall
have their pumps and other service facilities at least 20 feet from
any street right-of-way. No motor repair work shall be performed in
the open. All automotive parts, dismantled or wrecked vehicles and
similar articles shall be screened from public view in a manner satisfactory
to the Planning Board. No drain lines shall discharge into a sanitary
sewer system or into a brook or stream.
B.
In proceeding with its review and public hearing,
the Board may require such changes in the yard, location of buildings,
pumps, accessories, parking areas, entrances and exits as it may deem
best to ensure safety and to minimize traffic difficulties and may
require the installation and maintenance of fences or natural plantings
so as to screen outdoor activities from adjacent properties and public
streets before any permit may be issued to any applicant for the erection
or operation of any of the aforesaid facilities.
[Amended 10-2-1975]
The conversion of any building into a dwelling
shall not be permitted unless the new building and resulting occupancy
comply with the requirements governing new construction in such zone.
[Amended 7-2-1996 by Ord. No. 4-96]
An existing lot in single ownership at the time
of the passage of this chapter, which has an area of less than the
zone requirements, may be utilized for any permitted use, provided
that the yard requirements are met. If the yard requirements cannot
be met, the Planning Board shall determine the extent to which such
yards may be reduced. The separate use of two or more adjacent, undersized
lots in common ownership, where there is no practical possibility
of obtaining additional land, shall be determined by the Planning
Board, taking into account the effect upon the character of the neighborhood.
[Amended 3-5-1996 by Ord. No. 2-96; 7-2-1996 by Ord. No. 4-96]
A home occupation, as defined in this chapter,
may be introduced or maintained in any residential zoning district
as an accessory use, provided that the same shall be introduced or
maintained in accordance with the following requirements:
A.
The occupation shall be naturally and normally incident
and subordinate to the main use of the premises or lot.
B.
The accessory use shall not involve more than 25%
of the area of the dwelling.
C.
The occupation shall be conducted entirely inside
the residence.
D.
The home occupation shall be conducted solely by one
or more members of the family occupying the residence, except that
no more than one non-family member may be employed in such use.
E.
Exterior evidence of the accessory use shall be limited to one nameplate in accordance with § 150-52A.
F.
The accessory use shall have no appreciable adverse
impact upon the use and enjoyment of adjacent properties, including
but not limited to the following:
(1)
No machinery or electrical equipment shall be employed
which shall cause interference with radio and telecommunications transmissions
and reception in adjacent residences;
(2)
No sounds shall be allowed to emanate from the use
as shall be audible outside the property lines.
(3)
There shall be no outdoor display or sale of articles
or products.
(4)
No home occupation use shall be conducted or maintained
in such a way as to create a nuisance.
[Amended 3-5-1996 by Ord. No. 2-96; 7-2-1996 by Ord. No. 4-96]
A home professional office, as defined in this
chapter, may be introduced or maintained in any residential zoning
district as an accessory use, provided that the same shall be introduced
or maintained in accordance with the following requirements:
[Amended 7-11-1985; 1-7-1991 by Ord. No. 9-90]
A.
No building for human habitation or occupancy or for
the housing of livestock or other animals shall be erected on the
floodplains of the Big or Little Flatbrooks and tributaries. The alteration
or disturbance in and around freshwater wetland areas and the discharge
of dredge or fill material into state open waters are subject to the
regulations and provisions of N.J.A.C. 7:7A, Freshwater Wetlands Protection
Act.
B.
Septic tanks and related components of sewage disposal
systems, including trenches, are prohibited within 150 feet of the
Big and Little Flatbrooks and tributaries and anywhere in the Township
where groundwater is found to occur less than 24 inches below the
surface of the ground, as per regulations and provisions of N.J.A.C.
7:9A, Standards for Individual Subsurface Sewerage Disposal Systems,
commonly known as "Chapter 199."
[Added 5-8-2007 by Ord. No. 6-07]
A.
This aquifer protection and well testing section is
adopted to ensure the adequacy of potable groundwater supply for residential
and commercial development in areas not served by public water supply
and to ensure that such water is safe for human consumption and use.
Abandoned and faulty wells may cause pollutants to reach the aquifer,
creating risk to life safety of residents drawing water from that
source. These provisions are established to promote the health, safety
and welfare of the citizens of the Township of Sandyston. These provisions
do not excuse any person or entity from complying with all other relevant
requirements and obligations imposed by state and federal laws and
regulations and other local ordinance provisions.
B.
General provisions.
(1)
A plot plan with locations of all existing wells
must be submitted with all development applications. Every reasonable
effort, including records search and field investigations, must be
employed to locate existing wells. The assistance of a licensed well
driller should be sought when subsurface wells (where well casing
does not come above ground surface) are probable (e.g., old farmsteads,
abandoned houses, foundations). If there are no existing wells, a
letter from the applicant's engineer so stating must be submitted.
A field inspection may be required.
(2)
A statement of intent as to which wells, if any, are to remain in use and which wells are to be abandoned must be submitted to the Township for each development project. Well status must also be designated on the plot plan referred to in Subsection B(1) above.
(3)
All existing wells which do not meet New Jersey
Department of Environmental Protection (NJDEP) standards for the construction
of public noncommunity and nonpublic water systems set forth in N.J.A.C.
7:10-12 et seq. must be brought up to those standards or certified
sealed by a licensed well driller prior to site improvements. Temporary
exception can be made for wells in use and existing wells, which will
be used as monitor wells during pumping tests. Requests for a temporary
exception must be made to the Township Engineer.
(4)
All wells which are to be abandoned in accordance with § 150-26.1B(2) must also be scaled and certified by a licensed well driller prior to site alteration or improvements and aquifer well testing.
(5)
Joint patterns should be taken into consideration
when locating well and septic systems. Because vertical joints are
abundant, every reasonable effort shall be made to ensure that wells
and septic systems are not located along the same joint line, and
to maximize separation.
(6)
A wellhead protection area may be reserved as
open space on the up-gradient side of the cluster of domestic wells
in a subdivision. Location and size of the wellhead protection areas
for each subdivision will be determined on a case-by-case basis.
C.
Aquifer testing for commercial/industrial/multifamily
residential development.
(1)
Projected water demand of the project must be
determined in accordance with NJDEP standards for the construction
of public noncommunity and nonpublic water systems set forth at N.J.A.C.
7:10-12 et seq.
(2)
If the project water demand is 100,000 gallons
per day (gpd) or more, the applicant must obtain a water diversion
permit from the NJDEP. Pumping tests must be in accordance with NJSG
GSR 29, Guidelines for Preparing Hydrogeologic Reports for Water-Allocation
Permit Applications. A copy of the permit application must be submitted
to the Township for review.
(3)
If the projected water demand is less than 100,000 gpd but greater than or equal to 50,000 gpd, at least two observation wells are required in accordance with the testing procedure set forth at Subsection C(2) above. One observation well should be located along the structure, and one across the structure from the test/production well. Existing wells, on and off site, may be used as observation wells with the property owner's permission. Any owner of an existing well within 500 feet of the zone of influence, whichever is the greater of the test/production well may request monitoring of that well as an observation well at the applicant's expense. Locating and accessing the well shall be at the observation well owner's risk and expense. The owner of the observation well shall sign a release holding the well tester harmless for any inconvenience. The observation well should be sampled for coliform before and after the pumping test. The applicant is required to chlorinate and resample any observation well contaminated with coliform during testing.
(5)
Additional tests as required by the Private
Well Testing Act of 2002, N.J.S.A. 58:12A-26 et seq., shall also be
completed. The pumping rate and total gallons pumped should demonstrate
that the needed water is available without detrimental impact on the
aquifer or nearby wells.
(6)
The test/production well site shall be chosen
by the applicant's hydrogeologist to maximize yield and minimize interference
with other wells. The hydrogeologist shall be responsible for the
design and supervision of the pumping test.
(7)
A geologic and hydrogeologic report containing
appropriate maps, well logs, pumping test data, information on nearby
wells, on-site water balance, results of the water analyses, discussion
of the adequacy of the water supply and local/regional effects on
the water table, and recommendations must be prepared by the applicant's
hydrogeologist and submitted to the Township for review.
(8)
The report described in Subsection C(7) above shall be reviewed by the Township Engineer who may require additional testing or information.
(9)
Monies to cover all review expenses must be
deposited in an escrow account prior to preliminary site plan approval
in accordance with the requirements of N.J.S.A. 40:55D-53.1 et seq.
D.
Aquifer testing for single-family residential developments.
For all major subdivisions, an aquifer test and hydrogeologic report
shall be submitted and reviewed prior to granting of preliminary subdivision
approval. Aquifer testing and data to be included in the report are
as follows:
(1)
The average daily, peak day, and average yearly
water demand for each subdivision of six or more lots must be determined
according to guidelines set forth at N.J.A.C. 7:10-12.7. Peak day
is twice the average daily demand.
(2)
Test wells.
(a)
The minimum number of test wells required is
based on the number of lots and the acreage of the tract to be developed,
as follows:
|
Number of lots
|
Wells
|
|---|---|
|
6-10
|
2 test wells, 1 pumping test
|
|
11-25
|
3 test wells, 1 pumping test
|
|
26-50
|
4 test wells, 1 pumping test
|
|
More than 50
|
4 test wells plus one additional test well for
additional 25 lots or part thereof; at least 4 test wells per 100
acres. More wells may be needed depending on geology and well yield;
one pumping test per each 50 lots or part thereof.
|
(b)
Each pumping well must have an observation well
within 500 feet. More pumping tests than indicated above may be needed
to pump the estimated water demand of a project in a twenty-four-hour
period, depending on the yield of the test wells.
(3)
Wells should be located by applicant's hydrogeologist
on lots in such a manner that they may become the domestic supply
for that lot. Locations should take into consideration:
(a)
Area distribution of test wells on the tract;
(b)
Geologic variability beneath the site;
(c)
Topography;
(d)
Geologic structures, joints, faults, etc.; and
(e)
Two wells in each group should be located on
adjacent proposed lots and along the dominant joint direction. One
of these wells should be the pump-testing well in each group.
(4)
Wells must be constructed in accordance with
standards for the construction of public noncommunity and nonpublic
water systems set forth at NJDEP, N.J.A.C. 7:10-12 et seq. Each test
well must have a locking cap.
(5)
Pumping test(s).
(a)
The pumping test(s) shall be designed by the
applicant's hydrogeologist to pump at least the average daily water
demand and preferably the peak day demand at the highest rate possible.
For 50 or more lots, the peak day demand plus 20% additional must
be pumped.
(b)
The pumping test(s) must last at least four
hours and up to 24 hours. Test(s) must be conducted in accordance
with standard methods. All test wells shall be monitored for drawdown
by reliable methods; dip tubes should be installed for this purpose
in a pumping well. Discharge must be metered and channeled away from
the wellhead. The pumping test must be followed immediately by a standard
recovery test to 90% recovery in the pumping well. If the water level
has not recovered to 90% in one hour, a water level should at least
be taken the following morning to be sure that the level has recovered
to 90% of static.
(c)
The pumping rate, total gallons pumped, amount
of drawdown and recovery rate should demonstrate that the needed water
is available without detrimental impact on the aquifer or nearby wells.
(6)
Water samples must be collected near the end of the pumping test(s) and be analyzed as per Subsection C(4) above, or as required by the Township Engineer. Projects of 50 or more lots must comply with public community water supply testing standards.
(7)
A geologic and hydrogeologic report containing
appropriate maps, well logs, pumping test data, information on nearby
wells, on-site water balance results of the water analyses, discussion
of the adequacy of the water supply and local/regional effects on
the water table, and recommendations must be prepared by the applicant's
hydrogeologist and submitted to the Township Engineer for review.
For developments of 50 or more lots, the hydrogeologic report must
also be reviewed by NJDEP.
(8)
The report required in Subsection D(7) above shall be reviewed by the Township Engineer who may require additional testing or information.
(9)
Monies to cover all review expenses must be
deposited in an escrow account prior to preliminary site plan approval
in accordance with the requirements of N.J.S.A. 40:55D-53.1 et seq.
[Added 8-6-2013 by Ord.
No. 2013-08]
A.
Residential.
(1)
Purpose. The primary purpose of a renewable energy system shall be to provide power for the principal use of the property whereon said system is to be located and shall not be for the generation of power for commercial purposes (see Subsection B below), although this provision shall not be interpreted to prohibit the sale of excess power generated from time to time from a renewable energy system designed to meet the energy needs of the principal use. For the purposes of this subsection, the sale of excess power shall be limited, so that in no event is a renewable energy system generating more energy for sale than what is otherwise necessary to power the principal use on the property.
(2)
Applicability.
(a)
Small wind energy and solar energy systems shall be permitted
as an accessory use on the same lot as the principal use in all districts,
subject to the requirements of this section. Renewable energy systems
shall be a permitted use on any lots comprising 20 or more contiguous
acres owned by the same person or entity. This subsection shall not
apply to roof-mounted solar energy systems, which systems and equipment
extend 12 inches or less beyond the roofline or highest point of the
roof structure on which the system is located. This subsection shall
also not apply to ground-mounted solar energy systems that consist
of 10 or less panels, and are situated more than 50 feet from the
nearest property boundary line.
(b)
All renewable energy systems require approval from the Zoning
Officer and the Construction Official prior to installation. Applications
for small wind energy and solar energy systems shall include information
demonstrating compliance with the provisions of this subsection. In
the event that the Zoning Officer or Construction Official does not
believe the provisions of this subsection are satisfied, an applicant
may request and/or file a variance application with the Township Land
Use Board.
[1]
Small wind energy and solar energy systems accessory
to a permitted principal use shall be allowed in any zoning district
and may be installed upon receipt of the necessary construction, electrical
and/or mechanical permit(s). This subsection applies to small wind
energy and solar energy systems to be installed and constructed for
both residential and commercial use.
[2]
Renewable energy systems that are the principal
use of a lot are governed by other sections of the Township Zoning
Ordinance, in accordance with the applicable zoning district regulations.
(3)
Design and installation. Renewable energy systems shall comply
with the accessory structure restrictions contained in the zoning
district where the system is located, unless otherwise set forth below:
(a)
The systems shall conform to all current industry standards,
including the National Electric Code as adopted by the New Jersey
Department of Community Affairs.
(b)
All exterior electrical, utility and/or plumbing lines must
be buried below the surface of the ground and be placed in a conduit.
All electrical, utility and/or plumbing lines leading down the side
of a structure from rooftop installations shall be installed and maintained
as aesthetically as possible.
(c)
Renewable energy systems that connect to the electric utility
shall comply with the applicable interconnection standards for Class
I Renewable Energy Systems, as may be amended.
(d)
The systems shall not be used for displaying any advertising
except for reasonable identification of the manufacturer or operator
of the system. In no case shall any identification be visible from
a lot line.
(e)
The design of renewable energy systems shall, to the extent
reasonably possible, use materials, colors, textures, screening and
landscaping that will blend the system into the natural setting and
existing environment.
(f)
The installation of a wind or solar energy system shall conform,
to the extent applicable, to the Uniform Construction Code, as amended,
and is subject to all local utility company requirements for interconnection.
(4)
Setbacks and height restrictions.
(a)
A renewable energy system must comply with all setback and height
requirements for the zoning district where the system is to be installed,
unless otherwise set forth in herein.
(b)
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 15 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 lot 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 functioning lock and posted
with a small sign notifying the existence of renewable energy system
equipment on the outside of the building or cabinet, in order to notify
emergency personnel.
(5)
Abandonment. A renewable energy system that is out of service
for a continuous twelve-month period shall be deemed abandoned. The
Municipal Zoning Officer may issue a notice of abandonment to the
owner of an abandoned renewable energy system. The owner shall have
the right to respond to the notice of abandonment within 30 days from
the receipt date. The Municipal Zoning Officer shall withdraw the
notice of abandonment and notify the owner that the notice has been
withdrawn if the owner provides the Municipal Zoning Officer with
information demonstrating the renewable energy system has not been
abandoned. If the renewable energy system is determined to be abandoned,
the owner of the renewable energy system shall remove the system at
the owner's expense within three months of receipt of notice of abandonment.
If the owner fails to remove the renewable energy system, the Township
may pursue a legal action to have the system removed at the owner's
expense.
(6)
Solar energy systems. Solar energy systems shall not be permitted
in a front yard, and shall be located so that any glare is directed
away from an adjoining property. Solar panels shall not add, contribute
to or be calculated to cause an increase in impervious surface coverage
or ratio of any lot.
(a)
Rooftop solar panels. Solar panels shall be permitted as rooftop
installation in any zoning district. The solar panels shall not exceed
a height of 12 inches above the highest point of the roof structure.
In no event shall the placement of solar panels result in a total
height, including building and panels, greater than one foot in excess
of what is permitted for the principal structure in the zoning district
in which they are located. Panels installed in a rooftop configuration
must be installed within the actual boundaries or edges of the roof
area and cannot overhang any portion of the edge of roof. Solar panels
installed in a rooftop configuration should be installed on the rear
roof to the extent possible.
(b)
Ground-mounted solar panels. Solar panels may be installed on
a ground-mounted apparatus only on lots with a minimum lot size of
three acres. The principal building setback as required by the applicable
zone shall be required between any ground-mounted solar panel and
any lot line. Ground-mounted solar panels shall not exceed a height
of 15 feet.
(c)
No additional rights. 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 Township under this subsection 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 Township
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 subsection or any administrative decision
lawfully made thereunder.
(7)
Small wind energy systems.
(a)
Design criteria.
[1]
Wind generators shall be designed with an automatic
brake or other similar device to prevent over-speeding and excessive
pressure on the tower structure.
[2]
Small wind energy systems shall not be artificially
lighted, except to the extent required by the FAA or other applicable
authority.
[3]
All ground-mounted electrical and control equipment
shall be labeled and secured to prevent unauthorized access.
[4]
The tower shall be designed and installed so as
not to provide step bolts, a ladder, or other publicly accessible
means of climbing the tower, for a minimum height of eight feet above
the ground.
[5]
All moving parts of the small wind energy system
shall be a minimum of ten (10) feet above ground level.
[6]
The blades on the small wind energy system shall
be constructed of a corrosive-resistant material.
[7]
All guy wires or any part of the wind energy system
shall be located on the same lot as the energy system.
[8]
All equipment, sheds and tower bases shall be enclosed
with a security chain-link or wood fence of at least seven feet in
height, but no higher than eight feet unless otherwise approved by
the Zoning Officer. All fences shall include a functioning locking
security gate.
[9]
The connection between the small wind energy system
and the building, electrical grid or street shall be underground.
(b)
Bulk requirements.
[1]
Minimum lot size 10 acres.
[2]
Minimum setbacks. All wind generators shall be
setback from all setback lines a distance equal to 100% of the height
of the structure plus 10 feet, including the blades.
[3]
Wind generators shall not be permitted in any front
yards, unless application is made to and granted by the Land Use Board,
based upon topographic conditions.
[4]
Maximum height. Freestanding wind generators shall
not exceed a height of 120 feet, plus blades, but in no event higher
than 145 feet. The maximum height shall include the height of the
blades, at its highest point. If a height variance is granted, any
approved tower must be monopole construction.
[5]
No more than one wind generator shall be permitted
on any parcel of property.
[6]
Wind generators shall not be allowed as rooftop
installations.
[7]
Wind generators on properties shall have a nameplate
capacity (maximum ability to generate energy) of 20 kilowatts or less.
If a kilowatt variance is granted, then the approved tower must be
of monopole construction.
[8]
Towers for the wind generators shall have footprints
no larger than 13 x 13 feet in size.
(c)
Noise. All small wind energy systems shall comply with the following:
[1]
Between a residential use or zone, sound levels
of the wind energy system shall not exceed a 55 dBA at a common property
line and 50 dBA to the closest occupied structure.
[2]
In all other cases at a common property line, sound
levels of the wind energy system shall not exceed 65 dBA.
[3]
These levels may be exceeded during short-term
events such as utility outages and/or severe windstorms, for a maximum
of four hours.
[4]
Site location. Must be approved by the Planning
and Zoning Board with due consideration given to the impact of the
improvement on the surrounding properties.
(8)
Notice of hearings for consideration of the application of renewable
energy systems, residential and commercial, by the Land Use Board
shall be given in accordance with N.J.S.A. 40:55D-10.
B.
Commercial scale solar energy systems.
(1)
Preamble.
(a)
In recognition of the State of New Jersey's desire to promote
the construction and use of renewable energy sources and, further,
the State of New Jersey's designation of commercial scale solar energy
system installations as an "inherently beneficial use," the Township
seeks to designate such installations as conditional uses subject
to a set of conditions consistent with sound engineering and planning
principles which also take into account the character of the Township
as a rural community without commercial or industrial zones.
(b)
It is the Township's belief and intent that the conditions and
standards defined herein will serve to promote the beneficial use
of commercial scale solar energy installations while ensuring that
the negative impact of such development on environmentally sensitive
areas, adjoining tracts, and the community as a whole is minimized
and in keeping with the character of the Township.
(2)
COMMERCIAL SCALE SOLAR ENERGY SYSTEM
GROUND-MOUNTED SOLAR ARRAY
RESIDENTIAL SCALE SOLAR ENERGY SYSTEM
SOLAR ARRAY
Definitions. As used in this subsection, the following terms
shall have the meanings indicated:
A solar energy system installation which produces energy
in excess of the amount defined for residential scale solar energy
systems. Such systems may also be identified as production systems
or major solar energy systems.
A solar energy system consisting of individual panels or
arrays of panels mounted on armatures anchored to the ground with
ground cover beneath.
A solar energy system installation which produces energy
in a year's time which is 110% or less of the total amount which may
be reasonably anticipated to be consumed on average in a year's time
by a principal residential use on the same parcel. In this context,
reasonably anticipated may include actual or estimated present or
future usage for lighting, space heating, air conditioning, charging
of electric vehicles, and other energy consumption that may be associated
with or anticipated in the near future to be associated with a principal
residential use.
A quantity of structures, typically flat panels, arranged
in an array and so oriented as to facilitate collection of solar energy.
Individual structures within the array are known as solar collectors
or panels. Solar collectors may be photovoltaic (converting light
to electricity) in nature, thermal (converting solar energy to heat),
or of another type.
(3)
Zoning regulations and conditions pertaining to commercial scale
solar energy systems.
(a)
General.
[1]
Where there is range of possible alternative locations
for an installation, preference will be given to installations installed
on Township-owned property.
(b)
Conditions. The solar energy systems, commercial scale, shall
comply with the following conditions.
[1]
Parcels upon which the installation is to be constructed
must be a minimum of 20 acres or greater in area. The area or areas
of a parcel or parcels immediately adjacent to the parcel under consideration
may be considered in the area calculation provided that the deeds
of any parcel(s) so used are modified to include permanent restrictions
against further development except for that which pertains to the
solar energy system in question.
[2]
Control of visual impact; screening. Commercial
solar energy systems shall be screened from view of all public streets
and adjoining properties. The required buffer shall be a minimum width
of 50 feet consisting of naturalized plantings of predominantly evergreen
trees. Buffering shall be continuous, with the exception of access
roadways, and include a minimum of one tree and five shrubs per 300
square feet of buffer area. Deciduous trees shall have a minimum caliper
of 2.5 inches and evergreen trees shall have a minimum height of eight
feet. Adjoining residences shall be appropriately screened with a
strategically located buffer no less than 150 feet in length, or as
deemed necessary by the Planning Board to achieve a reasonable degree
of screening. Existing mature perimeter vegetation having a width
of less than 50 feet may be used to make up part of the required minimum
buffer width of 50 feet. Species selected for new plantings shall
be indigenous or widely introduced types also known for robustness
and disease resistance. The intent is to present the appearance of
an undeveloped property (other than for an access roadway or roadways)
when the installation is viewed from off property.
[3]
Noise. Under all normal operating conditions and
during all times of the year measured noise at the parcel boundaries
shall be less than 55 dBA as measured using industry standard noise
measuring instrumentation and measurement practices. Plan submission
shall include an acoustic modeling study prepared by appropriately
licensed professionals demonstrating compliance with the 55 dBA limit.
Noise levels predicted by the model shall be such that calculated
margins of error are added to modeled levels prior to comparison with
the 55 dBA limit.
(c)
Setback requirements.
[1]
Minimum setbacks for the front shall be no less
than 150 feet and for rear and side lines no less than 100 feet. Improvements,
including screening plantings, fencing, and access roadways, are allowed
within the setback zone with the proviso that setbacks for fencing
shall be 50 feet minimum from any parcel boundary. Additionally, any
fencing shall be located to the interior of the parcel with respect
to any plantings established for purposes of visual screening.
[2]
Setbacks for noise producing-equipment such as transformers, inverters, and the like, provided such equipment produces noise at levels in excess of 55 dBA when measured at a distance of six feet, shall be 500 feet minimum from any boundary line unless the applicant can demonstrate that the noise limit given in Subsection B(3)(b)[3] above can be met at a lesser setback distance which may be less than 500 feet but no less than 250 feet.
(d)
Whenever possible, transformers, inverters, switchgear and other
electrical equipment shall be enclosed with a building or buildings
constructed for this purpose.
(e)
The maximum height above ground for solar arrays, solar panels
and solar equipment shall be 16 feet.
(f)
The commercial grade solar energy systems shall be located on
previously disturbed land, e.g., farmland not designated as prime
agricultural soils, to the greatest extent possible. Installations
on lands consisting of prime agricultural soils are prohibited. However,
this restriction shall not be taken to mean that installations are
prohibited on parcels with mixed soil types, provided such installations
are designed and located in such a manner so as to not interfere with
continuing or future use of the areas having prime agricultural soils.
(g)
The property shall be adequately fenced with a fence with a
minimum height of eight feet to prevent access by unauthorized persons
and shall be appropriately gated.
(4)
Plan submittal requirements.
(a)
Detailed plans for the entire proposed development shall be
submitted for review. These plans shall, at minimum, provide the following
information.
[1]
Nature and extent of all proposed disturbances
and developments to the parcel in question, e.g., structures, access
and maintenance roadways, solar panel foundations, stormwater control
structures, fencing, security means such as cameras, visual screening
barriers, border landscaping, etc.
[2]
Area and bounds of proposed solar panel field(s).
[3]
Number of panels to be installed.
[4]
Type and size of individual panels.
[5]
Proposed mounting methods for panels, etc., e.g,
fixed position racks, tracking pedestal mounts, etc.
[6]
Proposed foundation structures for supporting panels.
[7]
Proposed generating capacity of the installation.
[8]
Proposed structures and intended purpose of such
structures.
[9]
Location, physical size, and capacity of transformers,
inverters, substations, switchgear, transmission lines or other utility
infrastructure.
[10]
Location and design of access and maintenance
roadways.
[11]
Screening with proposed planting details, including
species, height at planting and location and existing screening.
[12]
Fencing details and security details.
[13]
Setbacks from all property lines.
[14]
Plans shall be prepared by a licensed surveyor,
engineer and architect as their licenses permit.
(b)
The application shall fully comply with applicable requirements
for major site plans as set forth in the Township ordinances except
as altered by this section.
(c)
Notice of hearings for consideration of the application of renewable
energy systems, residential and commercial by the Land Use Board shall
be given in accordance with N.J.S.A. 40:55D-10.
(5)
Design and Construction Standards.
(a)
Submitted plans required for conditional use approval shall
demonstrate that the planners have considered and acted to minimize
all aspects of potentially negative impact such as visual appearance
of the solar panel fields and attendant structures, appearance and
placement of structures, reflections and glare from panels during
daylight hours for all four seasons, placement and type of access
and maintenance roadways, visual impact as seen from adjacent properties
and particularly from the immediate vicinity of improvements (e.g.,
residences), potential interference with indigenous animal and plant
species, preexisting natural features, removal of existing woodlands,
etc. As an example, the design shall, to the maximum extent practicable,
use materials, colors, textures, architectural features, screening
and landscaping that will blend the facility into the natural setting
and existing environment. Similarly, structures shall use materials,
colors, textures, and architectural features consistent with and in
keeping with the appearance and character of existing structures in
the community.
(b)
The maximum permitted vertical height above ground for solar
arrays shall be 16 feet.
(c)
Location and orientation of solar panels or arrays of panel
shall not result in reflective glare as viewed from second story level
(20 feet above ground) and below on adjoining properties.
(d)
Installations shall be of the type defined herein as ground-mounted
solar arrays. Fixed orientation or tracking-type mountings are both
permitted.
(e)
Placement of impervious surfaces beneath solar array installations
is not permitted.
(f)
Removable pilings or other low-impact foundation, e.g., concrete
poured into footing tubes, structures are strongly preferred as foundations
for the solar arrays. Use of linear concrete footings is discouraged.
(g)
The minimum allowable "beginning of life" efficiency for photovoltaic
panels shall be 12% or greater.
(h)
To the maximum extent possible, all wiring and cabling associated
with the solar installation shall be located underground.
(i)
The installation shall fully comply with requirements given
in the edition of the IBC (International Building Code) that is current
at the time of application.
(j)
The installation shall fully comply with all applicable requirements
of the National Electric Code as adopted by the New Jersey Department
of Community Affairs.
(k)
Energy systems connecting to the electric utility shall comply
with the New Jersey Net Metering and Interconnection Standards for
Class I Renewable Energy Systems and as required by the electric utility
connected thereto.
(l)
Structures for electrical equipment and for storage of vehicles,
landscaping and maintenance equipment, etc., shall be designed to
have a visual appearance in keeping with the Township's rural, farm,
and residential character. Ideally such structures shall mimic typical
farm buildings in external appearance rather than having an industrial
appearance.
(6)
Environmental requirements.
(a)
Installations are not permitted to occupy areas of land designated
by the NJDEP as critical habitat for state threatened and/or endangered
species of flora or fauna or any other areas designated as areas of
special concern.
(b)
No portion of the installation shall occupy areas of land designated
by the NJDEP as floodplains, flood hazard areas, wetlands, wetland
transition areas or riparian corridors. A three-hundred-foot buffer
zone shall be maintained between any disturbance associated with the
installation and NJDEP designated Category One waters.
(c)
Alteration of the parcel's natural contours is prohibited except for minimal changes as required for construction of access and maintenance roadways or for foundations for structures. All proposed construction shall comply with Sandyston Township's ordinance for design standards, Chapter 134.
(d)
Design and construction of the installation shall comply with the Township's Stormwater Management Ordinance (Chapter 138). Solar panels or solar panel arrays (exclusive of the bases or foundations of the same) shall not be included in calculations for impervious coverage.
(e)
Submitted plans for conditional use approval shall demonstrate
that the applicant has selected appropriate vegetation for planting
underneath and in the immediate vicinity of installed solar panels
for the purposes of soil stabilization and that means will be in place
to ensure proper ongoing maintenance of these plantings. Plantings
of low-maintenance sun and shade tolerant grass mixtures such as "OVN"
provided through the South Jersey Farmers Exchange are suitable for
this purpose. Plantings of appropriately selected native species may
also be acceptable. Plans shall also include provisions for prevention
of takeover by invasive species. These plans shall be prepared by
an appropriately licensed professional.
(f)
All access and maintenance roadways shall be constructed using
pervious surfaces.
(g)
Use of photovoltaic panels containing hazardous substances,
particularly any such substances liable to slow release into the environment
via out-gassing, leaching, or similar processes, is prohibited.
(7)
Security requirements. Submitted plans for conditional approval
shall demonstrate that adequate measures are taken to ensure security
and safety for all aspects of the installation. These shall include,
at minimum, measures to ensure that unauthorized access to the entire
installation is prevented and particularly that access to potential
hazards such as high voltages is denied other than for authorized
personnel. It is recommended that the applicant demonstrate that means
such as security cameras or other monitoring equipment are in place
to assist in identification and prompt apprehension of persons gaining
unauthorized access.
(8)
Solar access. Presumption of implied solar access rights by
virtue of placement of a solar energy installation or panels on a
given parcel is denied. It shall be the sole responsibility of the
owner(s) of the installation to locate improvements so as to ensure
continuing solar access irrespective of any existing or permitted
future improvements to adjacent properties or from natural changes
on adjacent properties such as growth of trees or other vegetation.
(9)
Maintenance and inspections. The applicant shall submit a plan
for ongoing monitoring of all impacts anticipated for the development,
particularly with respect to stormwater management, maintenance of
security features such as fencing and cameras, and ongoing maintenance
or replacement of plantings located to provide visual screening. The
plan shall include provisions for inspection by Township officials
as appropriate.
(10)
Decommissioning requirements. The applicant shall provide a
plan for the decommissioning and removal or Township approved repurposing
of all improvements to the parcel. This shall be accomplished within
180 days of the date on which commercial scale solar generation ceases
to occur at the installation. The decommissioning process shall include
steps taken to return the parcel to a semi-natural state, e.g., open
fields planted with native or agricultural grasses. The Township Zoning
Officer and Construction Official shall be responsible for overseeing
any such decommissioning. It shall be the responsibility of the applicant
or current owner(s) to cover all expenses associated with oversight
by Township officials during the decommissioning process. The Township
may require a performance guaranty by way of a bond or letter of credit
to secure the decommissioning process.
