In recognition of innovations and changes in
the technology of residential land development which can be beneficial
to the future well-being of the Borough but which benefits are unlikely
to be realized through the uniform treatment of area, yard and building
requirements on a lot-by-lot basis and also in recognition of certain
uses which are necessary to serve the needs and convenience of the
Borough but which uses may be or become inimical to the public health,
safety and general welfare by reason of their inherent nature and/or
operation and, therefore, require special and proper consideration
of existing and probable future conditions and characteristics of
the surrounding area, this chapter provides that such uses are declared
to be conditional uses.
Uses which are specifically authorized in this chapter as conditional uses may be permitted in the particular zone where authorized (Article III, Use Regulations) if found appropriate in the specific location and circumstances upon the approval of such conditional use by the Land Use Board pending site plan review, and such conditional use shall adhere to the minimum standards specified for that particular use by the applicable regulations of this chapter and shall further conform to such other conditions and requirements as may be stipulated in the approval of the conditional use.
In its consideration of an application for a
conditional use, the Board shall duly consider and take its action
within the frame of reference established by the following guiding
principles:
A.
Such use shall be one which is specifically authorized
as a conditional use in the zone within which such particular site
is located.
B.
Such use shall not be contrary to the purpose of this
chapter and such use will be beneficial toward achievement of the
objectives of the Borough.
C.
Such use shall adhere to the minimum standards specified for that particular use by the Schedule of Area, Yard and Bulk Requirements (§ 410-21), the specific regulations for conditional uses found in this article and all other applicable regulations of this chapter.
D.
The design, characteristics and operation of the use
shall be such that the public health, safety and general welfare will
be protected and reasonable consideration is afforded to the following:
E.
For every such use the Board shall make its findings
supported by evidence produced at a public hearing in the manner provided
by law.
A.
Specifications and standards. The specifications and
standards applicable to the conditional use and which must be affirmatively
found by the Land Use Board to have been satisfied prior to the granting
of a conditional use permit therefor, shall be as follows:
(1)
The proposed use shall benefit the general public
by the protection of the public health and safety through early notification
of actual or potential risks to the public health and safety.
(2)
The site chosen for the proposed use shall be appropriate
for its intended use, in order that the signal device on that particular
site and/or those on other sites in the Borough shall provide for
100% notification of the threatened population.
(3)
Where practicable or feasible, the signal device shall
be installed on structures located outside of or at a greater elevation
than the projected area of floodwater inundation where the risk is
by flooding.
(4)
Where practicable or feasible, the signal device shall
be located in areas of highest ambient noise levels and shall be removed,
to the greatest extent practicable, from nearby residences.
(5)
The signal device (and/or the system of signal devices)
shall achieve a minimum audible warning signal strength throughout
the threatened area of 75dB ("A" scale).
(6)
The signal device shall be of such a design and construction
and/or shall be so located so as to not expose any member of the public
to a signal maximum sound level exceeding 123dB ("A" scale).
(7)
The signal device shall be designed and constructed
so as to be reasonably safe and secure from tampering, vandalism and
risk to the public health and safety on account of exposure to energized
electrical devices or the ability to climb the structure upon which
the device is mounted.
(8)
Upon approval of the application and the granting
of a conditional use permit therefor, the applicant shall engage in
a program of public information, including notification to the Borough
emergency services providers, of the purpose, operating modes (signal
characteristics) and testing schedule of the signal device.
(9)
The applicant shall cooperate with the Warren County
Office of Emergency Management (OEM) and with the providers of the
emergency services in the Borough of Alpha, in order that a written
plan and specifications for use of the emergency warning devices,
including an approved (by all agencies having jurisdiction thereof)
evacuation procedures plan, may be established by the OEM.
(10)
The applicant shall demonstrate that the emergency
warning device or system is characterized by such redundancy and protective
measures which reasonably assure, in accordance with prevailing practices
attending such systems, its ability to function when the need for
the same arises.
(11)
Height of signal device.
(a)
The maximum overall height of the signal device,
including its mounting system (tower, pole, etc.), shall not exceed
65 feet unless it shall be clearly demonstrated to the Land Use Board
that a greater height is reasonably necessary to enable the device
to serve its intended purpose, in which event the Land Use Board may
approve a greater height but in no event a height in excess of 75
feet above the level of prevailing terrain.
(b)
The ability of the Land Use Board to approve
an overall height in excess of 65 feet but no greater than 75 feet
shall be considered as within the range of the conditional use standards
and specifications for maximum or overall height and shall not necessitate
a variance pursuant to either N.J.S.A. 40:55D-70c (N.J.S.A. 40:55D-60a)
or N.J.S.A. 40:55D-70d(6) therefor.
(12)
The applicant shall demonstrate to the Land
Use Board that a plan of ownership, maintenance and operational responsibilities
exists so as to assure the continuing ability of the emergency warning
signal device system to function when the need for the same arises.
A.
Intent and purpose. In the development and execution
of this article, it is recognized that there are some uses which,
because of their very nature, are recognized as having serious objectionable
operational characteristics. It has been determined that strict control
and regulation of these uses is required to ensure their operation
is maintained in compliance with the law for the preservation of the
public peace, health, safety, morals and general welfare of the people
of the Borough of Alpha and to prevent their contributing to the blighting
and downgrading of the surrounding neighborhoods. The uses subject
to these controls and regulations are as follows:
B.
Location restricted. All adult bookstores, adult gift
stores and adult motion-picture theaters are specifically prohibited
in all zones except the following:
(1)
I Industrial Zone.
C.
Application for conditional use approval. All conditional
use applications for adult bookstores, adult gift stores and adult
motion-picture theaters shall be reviewed by the Land Use Board in
accordance with the requirements set forth in Code of the Borough
of Alpha. Additionally, all conditional use applications must be accompanied
by a community impact statement as defined hereinbelow. The Land Use
Board will review the community impact statement to determine whether
there is a need for such a business and what effect, if any, such
a business will have on the surrounding areas.
D.
Community impact statement.
(1)
All conditional use applications for adult bookstores,
adult gift stores and adult motion-picture theaters must be accompanied
by a community impact statement.
(2)
A community impact statement shall contain the following:
(a)
A detailed description of the proposed business;
names and addresses of all owners and shareholders, officers and directors
thereof; proposed location; description of building and facilities;
description of merchandise or services to be sold or otherwise provided;
proposed hours of operation; profile of expected customers; projected
market area; reference to other similar business operations.
(b)
An analysis of the existing business community
within a three-hundred-foot radius of the proposed location, including
the following factors, at a minimum:
(d)
The impact of proposed business upon the physical
health, mental health and social health and social environment of
the Alpha Borough community.
(e)
The names, addresses and signatures of a majority of the eligible registered voters of the Borough of Alpha attesting to the fact that, by evidence of their signature, those signing the community impact statement gave no objection to the type of business to be conducted under Subsection A above.
Wherever permitted in this chapter, motor vehicle
service stations shall conform to the following requirements:
A.
The lot or parcel of land so to be used shall have
a street frontage of at least 125 feet and an average depth of at
least 125 feet.
B.
The walls of any building shall be set back at least
50 feet from a residential zone boundary, at least 25 feet from every
adjoining property line and at least 40 feet from a street right-of-way
line.
C.
Gasoline pumps and other apparatus shall be so located
as to permit safe and convenient traffic circulation. Every gasoline
or oil tank, pump or other device, appliance or apparatus shall be
located at least 25 feet from a street right-of-way line, at least
50 feet from a residential zone boundary and at least 10 feet from
any property line.
D.
No part of any automotive service station operation
or paved area shall be conducted within 25 feet of a residential zone
boundary. A six-foot-high unpierced fence shall be installed along
any residential zone boundary.
E.
All paved areas within the property shall be at least
five feet from a property line, 10 feet from a street right-of-way
line and 25 feet from a residential zone boundary and bounded by concrete
curbing at least six inches above the surface.
F.
Concrete curbing shall be installed in the street
right-of-way in accordance with Borough specifications.
G.
Adequate parking for automobiles of employees and
patrons shall be provided.
H.
Entrance and exit driveways shall be at least 30 feet
in width. There shall be a safety zone between driveways of at least
25 feet, and driveways shall be at least 10 feet from adjoining property
lines.
I.
Corner lots shall have a curb radius of at least 25
feet, and driveway entrances shall start at least 20 feet from the
radius tangent points.
J.
All unpaved areas shall be attractively landscaped
with grass lawns, trees and shrubs or other vegetation or material
as the Land Use Board may approve or require.
K.
There shall be no outdoor storage of supplies, materials
or automobile parts, whether for sale, storage or waste.
L.
Repair work, other than incidental minor repair, shall
take place within the building, and all repair or service apparatus
shall be located within the building.
M.
Floor drains shall not be connected to any sanitary
sewer system or storm drain.
N.
All storage tanks shall be installed below ground
level.
[Amended 5-26-2015 by Ord. No. 2015-02]
Cluster residential development, whereby the minimum lot area and yard requirements may be reduced as prescribed in the schedule of requirements (§ 410-21), is permitted in the R1-A Zone, subject to the following conditions:
A.
The number of lots shall not exceed the total number of lots that
could be obtained through subdivision under standard minimum lot size
requirements and shall not yield fewer than four dwelling units subject
to applicable well and septic capacities as prescribed by local, county
or state requirements.
B.
At least 75% of the total tract of land shall be subject to a conservation
easement enforceable by at least one of following: the Borough of
Alpha, the County Agriculture Development Board, the SADC or the Highlands
Council upon recommendation of the Land Use Board. The conservation
easement shall include right to farm provisions if applicable.
D.
The area subject to the conservation easement under the terms of
this section shall be at a location and of a shape as required by
the Land Use Board, provided that:
(1)
Said area shall adequately accommodate one or more of the permitted
uses listed above and shall complement the existing and contemplated
future surrounding development.
(2)
Said area shall be adaptable to the above permitted uses without
undue public expenditure that might be required by reason of adverse
topography, adverse drainage or soil conditions or inadequate accessibility.
E.
Provisions shall be made for the establishment of an organization
for the ownership and maintenance of said conservation area, and such
organization shall not be dissolved, nor shall it dispose of any of
same by sale or otherwise (except to an organization conceived and
established to own and maintain the common open space), without the
written consent and approval of the governing body of the Borough
of Alpha. Provision shall also be made for a feasible method of providing
for the cost of ownership and maintenance.
F.
Nothing contained herein shall be construed to require
the Land Use Board to approve any subdivision employing open space
zoning if said subdivision is in conflict with any provision of the
Alpha Master Plan or if said subdivision will in any way result in
a land use pattern that will adversely affect that portion of the
Borough in which it lies.
G.
The following additional standards shall also apply to cluster residential
developments:
(1)
Cluster developments shall be designed to avoid or minimize disturbance
of natural and agricultural resources.
(2)
All infrastructure and utilities necessary to support the residential
cluster development (i.e., streets, common open space areas, wastewater
facilities and stormwater management) shall be located within the
development portion of the cluster project area.
(3)
Septic system yield shall be calculated on the basis of the development
portion of the site only, which shall consist of a contiguous land
area including the following:
(a)
All land area proposed to be occupied by buildings, structures
and associated improvements, all land area to be disturbed in connection
with the construction or installation of such buildings, structures
and improvements, and all of the land area intervening; and
(b)
All land area dedicated to any street or roadway right-of-way
providing public or common access to the development; and
(c)
All land dedicated to a community on-site stormwater detention
facility or other like facility providing public or common services
to the development.
(4)
All buffers and setbacks shall consider and harmonize with existing
natural, agricultural, historic and scenic resources and with adjacent
existing development. Existing natural resources and vegetation (e.g.,
hedgerows/trees, woodlands or forest, wetlands, streams) shall be
retained and may be enhanced as buffer features whenever feasible.
(5)
Cluster development shall be configured to minimize impervious coverage.
A.
Purpose. For the registration and regulation of home
occupations within the Borough of Alpha, the following provisions
shall apply.
B.
General standards. Home occupations as defined herein
are permitted in all residential zoning districts within the Borough
of Alpha in accordance with the following standards:
(1)
A home occupation is permitted only within a single-family
detached dwelling, or permitted accessory structure thereto, which
is the bona fide residence of the principal practitioner of the home
occupation.
(2)
A maximum of one home occupation is permitted per
dwelling unit.
(3)
The amount of floor area devoted to a home occupation
shall not be greater than 25% of the gross habitable floor area, as
determined by the New Jersey Uniform Construction Code, of the principal
residential building or 500 square feet, whichever is less. In addition,
a minimum of 850 square feet of gross habitable floor area shall remain
in exclusive residential use. Although the floor area devoted to a
home occupation shall not exceed 25% of the gross floor area of the
principal dwelling, the home occupation may be conducted within the
principal building or a permitted accessory building thereto.
(4)
In no way shall the appearance of the residential
structure(s) be altered or the occupation within the residence be
conducted in a manner which would cause the premises to differ from
its residential character by the use of colors, materials, construction,
lighting or by any other means not specifically permitted herein.
(5)
A sidewalk shall be provided between the curbline
of the street and the entrance of the home occupation.
(6)
One nonilluminated identification sign, approved by
the Planning Board, is permitted per home occupation, provided that
it is no larger than two square feet in area on either side, bearing
only the name, occupation (words only), office hours and phone number
of the practitioner. The sign shall be located five feet from the
street right-of-way line and within five feet of the required sidewalk,
and be no closer than 10 feet to an adjoining residential property
line.
(7)
Required off-street parking spaces for a home occupation
shall be located on the same lot with the principal dwelling and are
not permitted in front yard areas. An eight-foot driveway providing
access to parking areas for home occupation uses shall be located
at least five feet from any property line and shall be planted with
evergreen buffer and/or a solid fence four feet in height screening
the parking area from all adjoining lots and street right-of-way lines,
excluding those areas required to directly access the required parking
spaces.
(8)
There shall be no exterior storage of materials or
refuse resulting from the operation of the home occupation.
(9)
No equipment or process shall be used in a home occupation
which creates noise, vibration, glare, fumes, odors, dust or electrical,
visual or audible interferences of any type detectable to the normal
senses beyond the limits of the subject lot.
(10)
No mechanical or electronic noise shall be emitted
from any structure in conjunction with a home occupation that is discernible
beyond the lot in which the use is permitted.
(11)
No retail sales of goods or merchandise are
permitted from the premises.
C.
Use types permitted.
(1)
In-home office.
(a)
An in-home office is a use specifically designed
for the functional needs of the resident of a dwelling wherein the
professional services of the practitioner is the salable commodity
offered to the client. In-home offices include but are not limited
to office of a salesman, sales or manufacturer's representative, office
of an accountant, architect, land planner, land surveyor, engineer,
attorney, broker, dentist, doctor, psychiatrist, real estate or insurance
agent, musician, computer consultant or word processor. The office
of a building or renovation contractor is permitted, provided that
no other activity relating to the contracting of business, including
but not limited to storage of equipment supplies or materials of any
kind, is associated with residential lot or in-home office use thereon.
(b)
An in-home office is a permitted accessory home
occupation use, provided that the home occupation complies with the
following conditions and a zoning permit is obtained from the Zoning
Officer in accordance with this chapter:
[1]
No more than one person, other than members
of the immediate family, may be employed.
[2]
In addition to the off-street parking spaces
required in this chapter for the particular residential use concerned,
an in-home office use shall provide one off-street parking space per
employee, plus one additional space for each 250 square feet of office
spaces provided. A maximum of five off-street parking spaces are permitted
on any one lot, inclusive of the parking required for the residential
dwelling.
[3]
In-home office use for the conduct of governmental
affairs for the Borough of Alpha by any elected or appointed official
or employee thereof is exempt from the in-home office provisions of
this article, provided that a land use permit is secured from the
Zoning Officer and said use is registered with the Borough as an exempt
home occupation.
[4]
Home offices used for telecommuting or which
are totally self-contained within the dwelling and do not generate
any vehicular or pedestrian traffic are exempt from the provisions
of this chapter, provided there are no employees other than occupants
of the dwelling, no clients or customers and no deliveries except
as would be generated by a residence not containing a home office.
(2)
Instructional services. An instructional service is
a home occupation in which the practitioner provides the client with
special instruction in a specific area of study. The conduction of
this home occupation may require, at the discretion of the Planning
Board, a room or series of rooms specifically designed for the use,
including but not limited to a soundproof room. An instructional service
is a permitted accessory use, provided that the home occupation complies
with the following provisions:
(a)
No persons shall be employed other than the
members of the immediate family.
(b)
In addition to the off-street parking required
in this chapter for the particular residential use concerned, an instructional
service use shall provide one additional off-street parking space
for the home occupation use.
(c)
A maximum of two students shall be instructed
at any one time.
(3)
Home crafts.
(a)
Home crafts are activities whereby the commodity
is completely manufactured on the site by the resident craftsman.
Home craftsmen may include, but are not necessarily limited to, artists,
sculptors, dressmakers, seamstresses and tailors; and include such
activities as model making, rug weaving, lapidary work and carpentry.
Welding, auto/vehicle repairs of any kind and any other noxious or
potentially hazardous activities or by-products are specifically prohibited.
(b)
A home craft occupation is a permitted accessory
use, provided that the home occupation complies with the following
provisions:
[1]
No persons other than members of the immediate
family may be employed.
[2]
In addition to the off-street parking spaces
required in this chapter for the particular residential use concerned,
a home craft shall provide one additional off-street parking space
for the home occupation use.
[3]
No electric machinery shall be operated between
the hours of 8:00 p.m. and 8:00 a.m. Monday through Saturday and not
before 10:00 a.m. nor after 6:00 p.m. on Sunday.
[4]
No retail sales activities or displays are permitted
on the premises.
(4)
In-home day care.
(a)
In-home day care use is a private residence
approved by the Division of Youth and Family Services or an organization
with which the Division contracts for family day care in which child-care
services are regularly provided to no less than three and no more
than five children for no less than 15 hours per week. A child being
cared for under the following circumstances is not included in the
total number of children receiving child-care services:
(b)
An in-home day care is a permitted accessory
use, provided that the home occupation complies with the following
provisions:
[1]
As a condition of approval by the Planning Board
and prior to granting of a use permit by the Zoning Officer, the applicant
must obtain an operating license from the Division of Youth and Family
Services or an organization with which the Division contracts from
family day care.
[2]
All in-home day-care uses shall be subject to
the following additional provisions:
[a]
The use shall be conducted in a
building designed for residential occupancy and for the safety and
well-being of the occupants.
[b]
In-home day care is permitted as
an accessory use to a single-family detached dwelling only.
[c]
A minimum indoor play area of 50
square feet per child or 150 square feet, whichever is greater, shall
be provided for the children within the dwelling unit. This area shall
not include kitchens, bathrooms, bedrooms, utility rooms or nonhabitable
areas of the dwelling, but may be included in the 850 square feet
required by this article to remain exclusively in residential use
within the dwelling. Kitchens may be utilized as additional required
play area over the initial 150 square feet when deemed appropriate
by the Planning Board.
[d]
A minimum contiguous outdoor play
area of 100 square feet per child or 300 square feet, whichever is
greater, shall be provided as a recreational area for the children.
This play area shall not include more than 25% impervious surface
and shall not include required parking areas and shall be enclosed
with an unclimbable fence with a minimum height of three feet or as
deemed appropriate by the Planning Board.
[e]
All play areas shall be located
in the side or rear yards and shall be a minimum of 20 feet from any
dwelling unit not located on the same lot.
[f]
No more than one person other than
members of the immediate family may be employed.
[g]
In addition to the off-street parking
required for a single-family dwelling, one additional off-street parking
space is required per additional employee.
[h]
The in-home day care shall have
suitable street frontage to permit the temporary parking of the vehicles
required for the dropoff and pickup of children without impeding the
circulation pattern of the street or requiring the parking of vehicles
in the front of any neighboring property.
[3]
Day care for less than three children is exempt
from the in-home day care provisions of this article, provided that
a land use permit is secured from the Zoning Officer and said use
is registered with the Borough.
[4]
The Borough retains the right to periodically
inspect all in-home day-care dwellings to ensure compliance with the
provisions of this article.
