A.
Permitted signs. The following signs are permitted
in accordance with the specified standards:
(1)
Official traffic signs and any other signs required
by law.
(2)
Temporary nonilluminated real estate signs advertising
the sale, lease, or rental of the property on which such signs are
located, provided:
(a)
The size of such sign shall not exceed six square
feet in a residential district and eight square feet in a commercial,
industrial, or agricultural district.
(b)
The sign shall be in compliance with side yard
requirements, shall not exceed six feet in height, and shall be set
back at least 10 feet from the right-of-way.
(c)
Not more than one sign shall be erected for
any one property.
(d)
Such sign shall be removed within 10 days of
settlement of the sale or consummation of the lease.
(3)
Temporary nonilluminated real estate signs pertaining
to the sale of homes or home sites within a development of five or
more lots and pertaining to sponsors and/or supporting agencies for
publicly funded projects, provided that:
(a)
The size of such sign shall not exceed 25 square
feet.
(b)
The sign shall be in compliance with side yard
requirements, shall not exceed 10 feet in height, and shall be set
back at least 10 feet from the right-of-way.
(c)
Not more than one such sign shall be placed
within any such development unless the development fronts on more
than one street, in which case one such sign may be erected on each
street frontage.
(d)
The sign(s) shall be removed when all property
has been transferred with single family or townhouse developments
and when all units have been constructed with apartment projects.
In no case, shall such a temporary sign remain standing for over one
year except with the approval of the Planning/Zoning Board.
(4)
Temporary signs of architects, engineers, contractors,
mechanics, trades people or others engaged in construction work, provided
that:
(a)
The size of such sign(s) shall not exceed six
square feet. One sign is permitted for each trade or profession and
allowable areas may be combined, except that no sign shall exceed
20 square feet in area.
(b)
The sign shall be in compliance with side yard
requirements, shall not exceed 10 feet in height, and shall be set
back at least 10 feet from the right-of-way.
(c)
Such signs shall be located only on the property
where such work is being performed.
(d)
Such signs shall be removed within seven days
of the completion of work.
(5)
Identification signs for public and semipublic uses
such as churches, schools, parks, and golf courses, provided that:
(a)
The size of such sign shall not exceed 12 square
feet.
(b)
The sign shall be located in compliance with
side yard requirements, shall not exceed six feet in height, and shall
be set back at least 10 feet from the right-of-way.
(c)
Not more than one such sign shall be placed
on any property unless such property fronts on more than one street,
in which case one such sign may be erected on each street frontage.
(7)
Project identification signs for a residential development
of five or more units, provided that:
(a)
The size of such sign shall not exceed 14 square
feet.
(b)
The sign shall be located in compliance with
side yard requirements, shall not exceed 10 feet in height, and shall
be set back at least 25 feet from the right-of-way.
(c)
Such sign shall not contain information other
than the name of the project, the street address, and the presence
or lack of available dwelling units.
(d)
Not more than one such sign shall be placed
within any such development unless the development fronts on more
than one street, in which case one such sign may be erected on each
street frontage.
(8)
Identification signs for a permitted business or industry,
provided that:
(a)
The size of such sign shall not exceed an area
equivalent to 5% of the front facade of the building or 100 square
feet, whichever is smaller.
(b)
Such sign shall be attached flat against the
front facade of the building except if the building is set back more
than 150 feet in which case, it may be freestanding.
(c)
If attached, it shall not project more than
one foot above the roofline or away from the building.
(d)
Such sign shall only display the name of the
use.
(e)
Only one such sign shall be erected for each
business use.
(9)
Identification signs for shopping centers, office
buildings, or professional office centers, provided that:
(a)
The size of such sign shall not exceed 5% of
the first floor portion of the front facade or 150 square feet, whichever
is smaller.
(b)
Only one freestanding sign shall be permitted
for each office or shopping complex and it shall be erected only on
the premises to which the sign relates.
(c)
The sign shall not exceed 35 feet in height
and shall be set back at least 50 feet from all property lines and
street lines.
(10)
Identification signs for industrial parks, provided
that:
(11)
Identification signs for service stations, provided
that:
(a)
Each service station may be permitted one freestanding
and one attached sign.
(b)
The freestanding sign shall not exceed 20 square
feet, shall be located in compliance with all side yard requirements
and shall not exceed 35 feet. The attached sign shall not project
above the roofline or away from the building more than one foot and
shall not exceed 25 square feet.
(12)
Temporary nonilluminated political signs giving notice
of political campaigns, provided that:
(a)
The size of such sign shall not exceed 16 square
feet.
(b)
Such signs shall be located at least 15 feet
from any street or property lines.
(c)
Such signs shall only be permitted within 60
days prior to any municipal, county, state, or national election and
shall be removed within four weeks of the election.
B.
Prohibited signs. The following signs are prohibited
as permanent installations:
(1)
Off-site advertising signs (billboards). No sign may
be attached to a building or erected independently for any purpose
other than to advertise a permitted use conducted on the same premises.
(2)
Signs using mechanical or electrical devices to revolve,
flash or display movement or the illusion of movement.
(3)
Signs with red, green or blue illumination in a beam,
beacon, or flashing form resembling an emergency light in any direction.
(4)
Pennants, banners, spinners, and valances.
(5)
Portable signs of any type.
(6)
Signs painted on the exterior walls of buildings having
the physical characteristics of billboards whether or not they relate
to the business transacted on the premises.
C.
Sign standards.
(1)
No sign shall be erected, constructed, altered or
replaced except as provided in this section.
(2)
No sign shall be erected which will obstruct free
and clear vision on any street, nor shall obstruct the view of or
be confused with any traffic sign, signal, or device.
(3)
No sign shall be attached to trees, fence posts, stumps,
utility poles, light standards, bridges or any part of an official
traffic sign or device.
(4)
No sign shall extend over any sidewalk or public right-of-way,
nor shall any sign extend beyond any property line.
(5)
Illumination. All sign lighting shall be designed
and directed to protect the adjoining properties and streets from
glare. No signs shall be illuminated with flashing lights, bare bulbs,
or tubing such as neon or fluorescent. Reflectors and lights permitted
in conjunction with signs will be equipped with restraining hoods
or shields to concentrate the illumination of the sign.
(6)
All signs shall require the issuance of a zoning permit.
Applications to erect or construct a sign shall be part of site plan
review or shall be directed to the Zoning Officer for an existing
use. The application shall include sufficient information and sketches
to indicate compliance with this section.
(7)
Maintenance. All signs, together with their supports,
braces, guys, and anchors shall be maintained in good condition. Whenever
a sign is deemed to be dilapidated or structurally unsafe, the Zoning
Officer shall order the owner in writing to repair said sign or remove
it. The owner shall comply with the order within 10 days or be subject
to the penalties stipulated in this chapter.
A.
Fences and walls may be erected, altered, or reconstructed
in accordance with the following regulations:
(1)
Fences shall not encroach upon public right-of-ways
or adjacent properties.
(2)
All fencing shall be in conformance with the requirements for visibility at intersections and driveways listed in § 70-43.
(3)
The height of a fence on a property line in a residential
area shall not exceed four feet in the front and side yards and six
feet in the rear yard. Fences which need to exceed the height (tennis
courts, swimming pools, dog runs) shall meet the required yard setbacks.
Security fences around commercial, industrial or institutional uses
shall not exceed 10 feet.
B.
Construction. All fences shall be constructed in accordance
with the following standards:
(1)
All fences shall be permanent construction and shall
withstand a wind load of 15 pounds per square foot.
(2)
Fences shall not be erected of barbed wire, topped
with metal spikes, nor constructed in any manner which may be dangerous
to persons or animals except that these provisions shall not apply
to a farm and except further, that fences around commercial and industrial
uses may be topped by a protective wire barrier.
(3)
All fences shall be maintained in sound condition.
Whenever a fence or portion thereof is determined to be structurally
unsafe, the Zoning Officer shall order the owner in writing, to repair
said fence or remove it within 10 days or be subject to the penalties
stipulated in this chapter.
Any driveway providing access from a public
street to any permitted use or structure shall comply with the following
regulations:
A.
Driveways shall enter the street or road right-of-way
at an angle between 75° and 105°.
B.
The portion of the driveway between the existing shoulder
and the right-of-way line, shall be paved according to Township specifications
as a driveway extension in residential areas and improved with stabilized
gravel in Agricultural or Rural Residential Districts.
C.
Any curb opening shall be properly reconstructed to
the satisfaction of the Municipal Engineer or the County Engineer
along county roads. When curbing does not exist and conditions warrant,
an adequate drain pipe shall be installed by the owner at the owner's
expense, as determined by the Municipal Engineer.
D.
Driveway grades shall not exceed 8% for a distance
of 40 feet from any right-of-way line.
F.
Driveways shall be maintained in adequate condition
to permit access by emergency vehicles.
G.
No driveway shall be constructed or maintained so
that any part of it provides access to or from a public street at
a point within 75 feet of the intersection of the right-of-way.
[Added 6-7-1984 by Ord. No. 84-3]
The following requirement shall apply in all
districts and shall supplement the sight triangle easements required
during site plan or subdivision review:
A.
Nothing shall be erected, placed, or allowed to grow
in such a manner as to materially impede vision between a height of
30 inches and 10 feet above the center line grade of the abutting
streets or driveways within the triangular area formed by the intersection
street and driveway lines and:
A.
Swimming pools shall be permitted as an accessory
use to a residential unit in accordance with the following standards:
(1)
The swimming pool shall not be located in the front
yard and shall be setback at least 20 feet from any side or rear property
lines.
(2)
Any portion of the perimeter of a private swimming
pool that does not abut the principal dwelling or accessory building
must be surrounded by a suitable fence at least five feet but less
than seven feet in height to prevent access by small children or pets.
The fence shall be within 15 feet of the sides of the swimming pool.
(3)
Any lighting used to illuminate a swimming pool shall
be so directed and shielded to prevent glare on adjacent properties.
B.
All swimming pools shall be constructed to the design
standards as set forth by the National Swimming Pool Institute.
Adequate off-street parking and loading, open
air or indoor, shall be provided with all new construction, the creation
of new uses, or the expansion or alteration of existing uses, according
to the standards specified in Part 4, Site Plan Review.
[Added 7-2-1981 by O-6a-4-81; amended 5-6-2010 by Ord. No.
10-03]
A.
The right to farm is hereby recognized to exist in Mannington Township
and is hereby declared a permitted use in all zones of Mannington
Township. This right to farm includes, but not by way of limitation:
(1)
Production of agricultural and horticultural crops, trees, apiary and forest products, livestock, poultry and other commodities as described in the Standard Industrial Classification for agriculture, forestry, fishing and trapping. Intensive fowl or livestock farms are addressed further in Chapter 70, Article XII, § 70-54. Hunting, trapping, and skeet clubs are also addressed in Chapter 70, Article XII, § 70-52.
(3)
Erection of essential agricultural buildings, including those dedicated
to the packaging of the output and ancillary to horticultural production.
(4)
The grazing of animals and use of range for fowl.
(5)
Construction of fences.
(6)
The operation and transportation of large, slow-moving equipment
over roads within Mannington Township.
(7)
Control of pests, including but not limited to insects and weeds,
predators and diseases of plants and animals.
(8)
Conduction of agriculture-related educational and farm-based recreational
activities provided that the activities are related to marketing the
agricultural or horticultural output of the commercial farm and permission
of the farm owner and lessee is obtained.
(9)
Use of any and all equipment, including but not limited to, irrigation
pumps and equipment, aerial and ground seeding and spraying, tractors,
harvest aides, and bird-control devices.
(10)
Packaging of the agricultural output of the commercial farm.
(12)
The operation of a pick-your-own operation with attendant signage.
(13)
Replenishment of soil nutrients and improvement of soil tilth.
(14)
Clearing of woodlands using the filed Woodland Data Form (WD-1)
plan, installation and maintenance of vegetative and terrain alterations
and other physical facilities for water and soil conservation and
surface water control in wetland areas.
(15)
On-site disposal of organic agricultural wastes.
(16)
The application of manure and chemical fertilizers, and pesticides.
(17)
Installation of wells, ponds and other water resources for agricultural
purposes such as irrigation, sanitation and marketing preparation
following applicable federal, state, county and municipal regulations.
B.
In addition to the uses, structures, activities and operations referred to in Subsection A, above, commercial farm operators may engage in any other agricultural activity as determined by the State Agriculture Development Committee and adopted by rule or regulation pursuant to the provisions of the Administrative Procedure Act (N.J.S.A. 52:14B-1 et seq.), provided that commercial farm operators are strongly advised to adhere to generally accepted agricultural management practices that have been:
(1)
Promulgated as rules by the State Agriculture Development Committee;
(2)
Recommended as site-specific agricultural management practices by
the Salem County Agriculture Development Board;
(3)
Approved by the local soil conservation district in the form of a
farm conservation plan that is prepared in conformance with the United
States Department of Agriculture, Natural Resources Conservation Service
(NRCS) Field Office Technical Guide (FOTG), revised April 20, 1998,
as amended and supplemented; or
(4)
Recommended by the Rutgers Agricultural Experiment Station.
C.
The foregoing activities must be in conformance with applicable federal
and state law.
D.
The foregoing practices and activities may occur on holidays, weekdays
and weekends by day or night and shall include the attendant or incidental
noise, odors, dust and fumes associated with these practices.
E.
It is hereby determined that whatever nuisance may be caused to others
by these foregoing uses and activities is more than offset by the
benefits of farming to the neighborhood community and society in general.
F.
Any person aggrieved by the operation of a commercial farm shall
file a complaint with Salem County Agriculture Development Board (SCADB),
prior to filing an action in court.
G.
To help parties resolve conflicts involving the operation of commercial
farms, the State Agriculture Development Committee has also established
an Agricultural Mediation Program. Mediation is a voluntary process
in which a trained, impartial mediator helps disputing parties examine
their mutual problems, identify and consider options, and determine
if they can agree on a solution. A mediator has no decisionmaking
authority. Successful mediation is based on the voluntary cooperation
and participation of all the parties.
[Added 6-7-1984 by Ord. No. 84-3]
Streets and buildings shall be oriented as to
permit, within the limit of practicability and feasibility, the buildings
to maximize solar gain.
[Added 10-2-1986 by Ord. No. 86-6]
A.
For the purpose of this chapter a "satellite antenna"
is defined as an apparatus or structure which is designed for the
purpose of receiving television, radio, microwave, satellite or similar
signals, in connection to what is commonly referred to as a dish-type
antenna.
B.
Satellite antennas shall be deemed permitted accessory
structures in all zoning districts.
C.
Satellite antennas shall be installed no closer to
any abutting street than the principal building to which it is accessory
on that lot.
[Added 5-31-2005 by Ord. No. 05-09]
A.
Residential development.
(1)
Except as otherwise provided below, any residential
development in any zoning district in the Township proposing five
or more lots or units shall set aside 11.1% of said units (rounded
to the next higher number if 0.5 or greater) for affordable housing
as said term is defined under the FHA and COAH's rules.
B.
Nonresidential development. Except as otherwise provided
below, any nonresidential development application submitted to the
Planning Board that is required to produce at least one affordable
unit (rounded to the next higher number if 0.5 or greater) pursuant
to COAH's regulations found in Appendix E, N.J.A.C. 5:94-1 et seq.,
shall be required to provide such affordable housing. The calculation
of the number of jobs and employment opportunities shall be in accordance
with Appendix E to N.J.A.C. 5:94-1 et seq., entitled "UCC Use Groups
for Projecting and Implementing Nonresidential Components of Growth
Share."
C.
The applicant may choose to satisfy its affordable
housing production obligation(s) through the mechanisms permitted
in COAH's rules, including, with Mannington Township's advanced written
permission: a) on-site housing production in connection with residential
projects; b) off-site housing production in the Township in connection
with residential or nonresidential development; c) the purchase of
an existing market-rate home at another location in the community
and its conversion to an affordable price-restricted home in accordance
with COAH's criteria, regulations and policies; d) participation in
gut rehabilitation and/or buy-down/write-down, buydown/rent-down programs;
and/or e) any other compliance mechanism pursuant to COAH's rules
per N.J.A.C. 5:94 et seq. Evidence of a compliance mechanism shall
be produced to the Planning Board at the time of application filing
and shall be a condition of all "completeness" determinations. Thereafter,
the satisfaction of the affordable housing compliance mechanism shall
be an automatic condition of all approvals that must be satisfied
in accordance with COAH's phasing requirements per N.J.A.C. 5:94 et
seq.
D.
Low- and moderate-income split and compliance with COAH's rules. The affordable unit(s) to be produced pursuant to Subsections A, B and C (above) shall be available to a low-income individual or household should only one affordable unit be required. Thereafter, each of the units shall be split evenly between low- and moderate-income individuals and households except in the event of an odd number, in which event the unit shall be a low-income unit. All affordable units shall strictly comply with COAH's rules and policies, including but not limited to phasing, bedroom distribution, controls' on affordability, range of affordability, affirmative marketing, income qualification, etc. It shall be the developer's responsibility, at its cost and expense, to arrange for the New Jersey Housing Affordability Service (HAS) or other administering agency approved by COAH and the Township to ensure full COAH compliance and file such certifications, reports and/or monitoring forms as may be required by COAH or the court to verify COAH compliance of each affordable unit.
E.
Exemption. All growth share affordable units produced
by virtue of this section shall be exempt from the payment of Affordable
Housing Department fees.