[Amended 8-2-2010 by Ord. No. 23-2010; 4-21-2014 by Ord. No.
08-2014; 5-2-2016 by Ord. No. 06-2016; 10-5-2020 by Ord. No. 26-2020]
A.
Except as otherwise provided, accessory buildings and/or structures
on single-family residential lots shall be permitted in the side or
rear yard of each property with a minimum setback equal to a minimum
of 1/2 of the side and/or rear setback requirements for the principal
structure. In the case of a lot with two front yards, an accessory
building may be located in one of the front yards, provided that it
is located no closer to the street than the front line of the house
or 200 feet, whichever is less.
B.
Accessory structures and buildings which are 650 square feet or larger
located on single-family residential lots shall have a minimum front,
side and rear yard setback equal to that required for the principal
structure.
C.
Maximum number of accessory buildings on single-family residential
lots having lot areas less than four acres is two, except that one
accessory building that is less than 100 square feet may be excluded
from the tabulation of the number of accessory buildings.
D.
Maximum permitted floor area.
(1)
The maximum footprint for accessory buildings and structures on single-family
residential lots less than four acres in size shall not exceed 75%
of the footprint of the principal building/structure of which such
building/structure is accessory.
(2)
Notwithstanding the provisions for existing undersized lots pursuant to § 148-49, accessory structures on single-family residential lots shall comply with the maximum permitted floor area as regulated in § 148-51D(1).
(3)
Accessory buildings are included in the calculation of floor area
ratio.
E.
All farm and agricultural uses, including the growing of crops, nurseries
and the raising and training of poultry, small animals and livestock,
are permitted everywhere in the Township, subject to additional provisions
set forth below:
(1)
Said use is conducted upon a lot not less than five acres in area,
except for the raising of fowl, small animals and livestock for purely
personal, educational or recreational purposes, involving no nuisance
or menace to the public health and subject to other applicable provisions
of this section.
(2)
No building, run or other enclosure for swine shall be closer to
any property line than 200 feet. Not more than one adult swine shall
be allowed for each acre contained in the property.
(3)
No building for the shelter of 1,000 or more fowl of any kind or
five or more adult dogs shall be closer to any property line than
200 feet.
(4)
Buildings used for the shelter of fowl of any kind shall have a maximum
usable floor area of 2,000 square feet for the first 10 acres and
a maximum of 1,000 additional square feet for each additional acre.
(5)
In all other cases, no building or enclosure for the shelter or retention
of fowl or farm livestock of any kind shall be closer to any property
line than 50 feet.
F.
No accessory building may be located closer to the street than the
front line of the house or 200 feet, whichever is closer, except that
if erected on a corner lot, the accessory building or structure shall
be set back from the side street to comply with the setback line requirements
applying to the principal building for that side street.
G.
Pools and permanent recreational facilities may not be located closer
to the street than the front line of the house.
H.
ECHO housing.
(1)
ECHO dwellings shall be limited to a total of eight within the Township.
(2)
ECHO dwellings are permitted only in conjunction with a principal
single-family dwelling.
(3)
Site plan approval is not required for an ECHO dwelling. Application
for a permit shall be made to the Zoning Officer.
(4)
ECHO dwellings are permitted on lots having a minimum lot size of
one acre for lots with public sewer and 75,000 square feet for lots
without public sewer.
(5)
ECHO dwellings shall comply with the required minimum setbacks for
the principal building.
(6)
Sufficient capacity to treat wastewater from the ECHO unit, in addition
to the principal residence, shall be documented.
(7)
Sufficient potable water capacity to serve the ECHO unit, in addition
to the principal residence, shall be documented.
(8)
The exterior finish of an ECHO dwelling shall match or complement
the appearance of the principal building.
(9)
After removal of the ECHO dwelling, the land devoted to the use of
the ECHO dwelling shall be restored to its original condition.
I.
No construction permit shall be issued for the construction of an
accessory building or structure, other than construction trailers,
storage sheds or farm accessory buildings, prior to the issuance of
a construction permit for the construction of the main building upon
the same premises. If construction of the main building does not precede
or coincide with the construction of the accessory building or structure,
the Construction Official shall revoke the construction permit for
the accessory building or structure until the construction of the
main building has proceeded substantially toward completion.
J.
The maximum height of accessory buildings shall be 25 feet or the height of the principal structure on the lot, whichever is less, unless otherwise specified in Articles IV and V, except that silos and barns for agricultural use associated with an agricultural operation shall have no height limitations.
K.
A swimming pool shall not be counted as building in the F.A.R. calculations,
but it shall adhere to all other space regulations.
A.
Permitted fences shall not require construction permits
unless greater than six feet in height. Fences shall be situated on
a lot in such a manner that the finished side of the fence shall face
adjacent properties. No fence shall be erected of barbed wire, topped
with metal spikes, nor constructed of any material or in any manner
which may be dangerous to persons or animals, except that these provisions
shall not apply to farms, and except further that permitted fences
seven feet in height in nonresidential districts may be topped by
a barbed wire protective barrier and except further that requirements
of state or federal regulations shall prevail.
[Amended 4-21-2014 by Ord. No. 09-2014]
B.
On any lot in any district, no wall or fence shall
be erected or altered so that said wall or fence shall be over four
feet in height in front yards and seven feet in height in side and
rear yards, with the following provisions and exceptions:
[Amended 10-16-2023 by Ord. No. 24-2023]
(2)
A private residential swimming pool area must be surrounded by a fence at least four feet, but no more than seven feet in height. Swimming pool areas shall be located in rear and side yards only. See § 148-58 for additional standards.
(4)
No fence, wall or hedge may be placed within 50 feet
of any intersection of street right-of-way lines or within any specified
sight triangle easement.
(5)
Shielding of mechanical equipment adjacent to a residential
district shall be provided only by a surrounding masonry wall for
sound deadening, whether on the roof or ground. Other mechanical equipment
shall be screened from view by a surrounding wall of the same material
or class of material as the walls of the main building.
(6)
Deer fencing shall not exceed eight feet in height. Deer fences may
be located within side and rear yards but may not be located closer
to a public street than the front exterior wall of a principal building
that is closest to said street. However, where a public street is
not improved, a deer fence may be located within the front yard without
reference to the location of a principal building.
[Added 4-21-2014 by Ord. No. 09-2014]
A.
Requirements for all home occupations.
(1)
Home occupations shall be contained within the principal
dwelling structure of a single-family detached home.
(2)
The following uses shall be prohibited as home occupations:
welding, autobody repair, automobile repair, lawnmower/engine repair,
boats/recreational vehicle repair, retail sales, kennels, veterinary
office, dental and medical offices and real estate offices and any
business or occupation requiring outside storing or parking of equipment.
(3)
The home occupation shall be clearly incidental and
subordinate to its use for residential purposes by its occupants.
(4)
The residential character of the lot and building
shall not be changed; no occupational sounds shall be audible outside
the building; and no equipment shall be used which will cause interference
with radio or television reception in neighboring residences.
(5)
There shall be no exterior evidence of the home occupations.
No merchandise, products, waste, equipment or similar material or
objects shall be displayed, stored or otherwise located outdoors except
as permitted by this chapter.
(6)
The home occupation shall be limited to owner-occupied
residences only.
B.
Home occupations that exhibit all of the following
shall not require site plan or conditional use approval:
(1)
No person other than one member of the household residing
on the premises shall be engaged in the occupation;
(2)
The use of the property for the home occupations shall
be clearly subordinate and ancillary to its use for residential purposes
by its occupants and no area of the residence shall be dedicated solely
for or used in the conduct of the home occupation;
(3)
No goods, materials, equipment, supplies or other
items of any kind shall be delivered to or from the subject property
in connection with the home occupation except in the passenger automobile
of the home occupation proprietor; and
(4)
No clients, patrons, customers or other persons shall
be permitted on the property in regards to the home occupations.
C.
Home occupations that exhibit one or more of the following
shall require minor site plan approval:
(1)
No person other than one or two members of the household
owning and residing in the premises shall be engaged in the occupation;
(2)
The use of the property for the home occupations shall
be clearly subordinate and ancillary to its use for residential purposes
by its occupants. Up to 200 square feet of the principal dwelling
unit may be dedicated solely for the conduct of the home occupation;
(3)
No goods, materials, equipment, supplies or other
items of any kind shall be delivered to or from the subject property
in connection with the home occupation except in the passenger automobile
of the home occupation proprietor or two-axle, four-wheel delivery
service vehicles; and
(4)
Clients, patrons, customers or other persons shall
be permitted on the property in regards to the home occupation, provided
that such visitation shall not create the need to park more than two
vehicles at any time in addition to those ordinarily used by the residents
of the home and said additional two vehicles shall be limited to passenger
automobiles and must be parked off-street.
D.
Home occupations that exhibit one or more of the following
shall require site plan and conditional use approval:
(1)
No person other than members of the household residing
on the premises plus no more than one nonhousehold employee shall
be engaged in the home occupation on the property.
(2)
The use of the property for the home occupation shall
be clearly subordinate and ancillary to its use for residential purposes
by its occupants and shall not occupy more than 25% of the net habitable
floor area of the primary residential structure on the property or
1,000 square feet, whichever is less.
(3)
One unlighted nameplate identifying the home occupation,
not exceeding one square foot in area, either attached to the residence
or attached to a lamppost set back at least 15 feet from all street
and property lines or attached to the mailbox post. All such signs
shall be of professional quality.
(4)
The home occupation shall not necessitate the need
to park than two vehicles at any time in addition to those ordinarily
used by the residents of the home, and said additional two vehicles
shall be limited to passenger automobiles and must be parked off-street
and screened from view from neighboring properties and the street.
E.
Any business or occupation conducted in or from a
single-family detached dwelling which does not meet the specific requirements
hereinabove is not a home occupation.
A.
Lots.
(1)
Whenever the owner of a lot existing at the time of
adoption of this chapter has dedicated or conveyed land to the Township
in order to meet the minimum street width requirements of the Official
Map or Master Plan of the Township, the Construction Official shall
issue construction and occupancy permits for lots whose depth and/or
areas are rendered substandard only because of such dedication and
where the owner has no other adjacent lands to provide the minimum
requirements.
(2)
Any existing single-family detached dwelling as of
enactment of this chapter may be expanded, renovated and repaired
without violating this chapter or requiring a variance even though
such existing single-family detached dwelling shall be situated on
a lot which does not meet the applicable lot area or lot width requirements
or both such requirements. Any additions to the existing structure
that violates a setback requirement may be constructed to continue
the existing building setback but shall not be permitted to encroach
further into the required setback than the existing structure.
(3)
Any vacant lot legally existing at the time of adoption
of this chapter, whose area or dimensions do not meet the requirements
of the district in which the lot is located, may have a construction
permit issued for a single-family detached dwelling and its permitted
accessory structure without an appeal for a variance relief and shall
be considered conforming, provided that single-family detached dwellings
are a permitted use in that district; the building coverage limit
is not exceeded; parking requirements are met; the yard provisions
are reduced by the same percentage that the area of such lot bears
to the zone requirements, except that no side yard shall be less than
10 feet or front yard less than 25 feet.
B.
Structures and uses.
(1)
Any legally preexisting nonconforming use or structure
existing at the time of the passage of this chapter may be continued
upon the lot or in the structure so occupied and any such structure
may be repaired in the event of partial destruction thereof, provided
that no more than 60% of said structure is destroyed.
(2)
Repairs and maintenance work required to keep a structure
in sound condition may be made to a nonconforming structure or structure
containing a nonconforming use. However, no such structure shall be
enlarged, extended, constructed, reconstructed or structurally altered
in any manner and no nonconforming use shall be changed or increased
without an appeal for variance relief. A nonconforming use, if changed
to a conforming use or more nearly conforming use, reduced in intensity
or abandoned, shall not thereafter be changed back to any nonconforming
use or restored to its original status.[1]
[1]
Editor's Note: Former Subsection B(3), regarding abandonment
of nonconforming uses and structures, which immediately followed this
subsection, was repealed 10-6-2014 by Ord. No. 18-2014.
One registered commercial vehicle of a rated
capacity not exceeding seven feet high, eight feet wide and 22 feet
long, owned or used by a resident of the premises, shall be permitted
to be regularly parked or garaged on a lot in any residential district,
provided that said vehicle is parked in a side or rear yard area,
which area is screened from neighboring properties by plantings at
least five feet in height. For purposes of this chapter, a commercial
vehicle shall include vehicles containing advertising matter intending
to promote the interest of any business, whether or not said vehicle
is registered as a commercial vehicle with the New Jersey State Division
of Motor Vehicles. One Readington Township school bus shall be permitted;
all other buses shall be prohibited. Farms and construction sites
shall be exempted from this provision.
Travel trailers and campers may be parked or
stored in rear and side yards only. Their dimensions shall not be
counted in determining building coverage and they shall not be used
for temporary or permanent living quarters while situated on the lot.
[Amended 2-19-2002 by Ord. No. 2-2002]
Unless otherwise specified in this chapter such
as ECHO housing, no more than one principal use, dwelling or building
shall be permitted on one lot.
A.
No private residential swimming pool shall be constructed or installed on any lot unless the lot contains a residence building. Pools shall occupy no more than 75% of the rear and/or side yard area(s) in which it is located and shall be located no closer to any lot line than the setback distance specified for accessory structures in Articles IV, V and VI as the case may be.
B.
A private residential swimming pool area must be enclosed
by a suitable fence at least four feet in height but no more than
seven feet in height, with a self-closing and self-latching gate,
and all latches and handles shall be a minimum of four feet above
the ground or on the inside of the fence or in accordance with BOCA
requirements, whichever is more restrictive.
C.
No commercial swimming pool shall be constructed or
installed unless approved by the Board as part of a site plan approval.
Commercial swimming pools shall be classified into types in accordance
with their particular use and shall meet the appropriate design standards
as set forth by the National Swimming Pool Institute or BOCA Building
Code, whichever is more stringent.
D.
A swimming pool, whether permanent or temporary, shall
not be counted as a structure in the F.A.R. but it must adhere to
all other requirements for accessory structures.
E.
Please see the Readington Township Swimming Pool Ordinance
for additional regulations.
[Added 4-20-1998 by Ord. No. 9-98; amended 10-4-1999 by Ord. No.
24-99]
A.
In its preparation of the set-aside of common open
space and the purposes proposed for its use, the developer shall be
guided by the recommendations contained within the Township Master
Plan prepared by the Planning Board. High priority concerns include:
(1)
The location and construction of adequate recreational
facilities throughout the Township;
(2)
The conservation of stream rambles throughout the
Township for passive recreational use;
(3)
The protection of environmentally fragile and important
resource land area including aquatic buffer areas, one-hundred-year
floodplains, wetlands and wooded acreage;
(4)
The preservation at agriculture and prime agricultural
lands and the consolidation of large contiguous agricultural tracts;
(5)
The common open space shall include relatively large
contiguous land areas for open space and/or recreational purposes,
as appropriate for the particular development, and additional common
open space shall be distributed throughout the development so that
as many residential lots as is practicable have direct pedestrian
access to the relatively large, contiguous land area;
(6)
The common open space shall include a minimum buffer
area of 50 feet along any tract boundary line, planted with suitable
evergreen screening four feet high, eight feet on center in a staggered
row.
(7)
The Planning Board shall review the submitted common
open space plan in the context of the particular development proposal,
the particular characteristics of the subject land area and the ability,
desirability and practicality of relating the proposed open space
to adjacent and nearby lands. In any case, the lands shall be improved
as may be necessary to best suit the purpose(s) for which they are
intended.
B.
Should the proposed development consist of a number
of stages, the Planning Board may require that acreage proportionate
in size to the stage being considered for final approval be set aside
simultaneously with the granting of final approval for that particular
stage, even though these lands may be located in a different section
of the overall development.
C.
Common open space may be deeded to the Township, another
governmental agency or dedicated to an open space organization, with
incorporation and bylaws to be approved by the Planning Board. If
common open space is not dedicated and accepted by the Township or
another governmental agency, the landowner shall provide for and establish
an open space organization for the ownership and maintenance of the
common open space. Such organization shall not be dissolved, nor shall
it dispose of any common open space by sale or otherwise.
[Amended 9-5-2006 by Ord. No. 30-2006]
(1)
If the applicant proposes that the common open space
shall be dedicated to the Township, then the Planning Board shall
forward such request with its recommendation to the Township Committee
prior to the granting of preliminary plan approval of any development
application containing common open space.
(2)
All lands not offered to and/or not accepted by the
Township shall be owned and maintained by an open space organization
as provided in N.J.S.A. 40:55D-43 and stipulated herein.
(3)
The applicant/developer shall notify the Township
Committee at the time 50% of the units have sold; at such time, the
homeowners' association/open space organization takes over the responsibility
of maintaining the open space and commonly owned facilities.
D.
In the event that the organization created for common
open space management shall fail to maintain any open space or recreation
area in a reasonable order and condition in accordance with the approved
site plan, the Township may serve notice upon such organization or
upon the owners of the development, setting forth the manner in which
the organization has failed to maintain such areas in reasonable conditions
and said notice shall include a demand that such deficiencies of maintenance
be cured within 35 days thereof and shall set the date and place of
a hearing thereon which shall be held within 15 days of the notice.
At such hearing, the Township may modify the terms of the original
notice as to the deficiencies and may give an extension of time not
to exceed 65 days in which the deficiencies shall be cured.
(1)
If the deficiencies set forth in the original notice
or in modifications thereof shall not be cured within said 35 days
or any extension thereof, the Township, in order to preserve the common
open space and maintain the same for a period of one year, may enter
upon and maintain such land. Said entry and said maintenance shall
not vest in the public any rights to use the open space and recreation
areas except when the same is voluntarily dedicated to public by the
owners.
(2)
Before the expiration of said one year, the Township
shall, upon its initiative or upon the request of the organization
theretofore responsible for the maintenance of said areas, call a
public hearing upon 15 days' written notice to such organization and
to the owners of the development, to be held by the Township, at which
hearing such organization and owners of the development shall show
cause why such maintenance by the municipality shall not, at the election
of the Township, continue for a succeeding year. If the Township shall
determine that such organization is ready and able to maintain such
open space and recreation areas in reasonable condition, the Township
shall cease to maintain such open space and recreation areas at the
end of said year. If the Township shall determine such organization
is not ready and able to maintain said open space and recreational
areas in a reasonable condition, the Township may, in its discretion,
continue to maintain said open space and recreation areas during the
next succeeding year. Each year thereafter the Township may hold similar
public hearings to determine whether the organization is ready and
able to maintain the open space and recreation areas. The decision
of the Township in any case shall constitute a final administrative
decision subject to judicial review.
(3)
The cost of such maintenance by the Township shall
be assessed pro rata against the properties within the development
that have a right of enjoyment of the open space in accordance with
the assessed value at the time of imposition of the lien and shall
become a lien and tax on said properties and be added to and be a
part of the taxes to be levied and assessed thereon and enforced and
collected with interest by the Township in the same manner as other
taxes.
(4)
Any open space organization initially created by the
developer shall clearly describe in its bylaws the rights and obligations
of the homeowners and tenants in the residential development and the
articles of incorporation of the organization shall be submitted for
review by the Planning Board prior to the granting of final approval
by the Township.
[Amended 9-5-2006 by Ord. No. 30-2006]
[Added 10-21-1996 by Ord. No. 16-96;
amended 4-20-1998 by Ord. No. 9-98]
A.
In the case of any open space to be dedicated for
farmland, passive, active recreational or other uses as part of an
application for development, the developer shall be required to demarcate
the boundary lines of the property to be dedicated for the open space
and the nonopen space property.
B.
The type of demarcation to be provided by the developer
shall be determined by the Planning Board on a site-by-site basis.
Such demarcation may consist of signage, fencing, monuments or vegetation
as appropriate for the particular parcel in question.
C.
Method of demarcation.
(1)
If signage is chosen as the method of demarcation
on open space to be dedicated to the Township, the sign shall state
that it is being installed on the open space for the purpose of preventing
trespass onto private property and prohibiting the use of motorized
vehicles on the open space (in the case of open space for passive
recreational and/or farmland purposes), except for those which are
expressly needed for farming or Township uses.
(2)
If signage is chosen as the method of demarcation
on open space which shall be non-Township-owned, the sign shall state
that it is being installed on the open space for the purpose of preventing
trespass onto privately held open space.
D.
Signage shall also specify that violation of this
chapter may result in prosecution for criminal trespass under N.J.S.A.
2C:18-3, 2C:18-4 and 2C:18-5 and any other applicable laws, statutes,
ordinances and/or amendments thereto and the imposition of fines and/or
penalties permitted by state law under N.J.S.A. 2C:43-3, 2C:18-6 and
any other applicable laws, statutes, ordinances and/or amendments
thereto.
E.
Areas shall be marked in locations on the open space
parcel in accordance with the terms of the Planning Board approval.
Additional locations may be required if determined to be appropriate
by the Township Engineer for the particular parcel in question. If
signs are erected, they shall face both the private and public holdings
and shall either contain the wording attached hereto as Schedule A,
which shall be the wording designated for signage on open space to
be dedicated to the Township, or the wording on Schedule B attached
hereto, which shall be the signage designated for open space to be
owned by all others.[1]
[1]
Editor's Note: Schedules A and B are located
at the end of this chapter.
F.
The sign print shall be red lettering on a white background
and the lettering shall be at least one inch in height. The signs
shall be 18 inches by 24 inches or of an appropriate dimension to
accommodate the height of the lettering. The sign shall be placed
five feet off the ground, measuring from the ground to the bottom
of the sign. The Planning Board shall have the ability to specify
the composition of the signs, whether of permanent or temporary materials,
or both, subject to specific site conditions.
G.
The developer of the project shall be responsible
for the cost, physical installation and maintenance, until the maintenance
period is satisfied, of the signage, fencing, vegetation or other
demarcation, and the cost of same may be incorporated in any bonds
to be posted with the Township.
H.
Once open space which is to be dedicated to the Township
has been accepted by the Township and the maintenance period has been
satisfied, the Township shall be responsible for maintenance of fencing,
signage or other monumentation installed. However, if the open space
is to be held in private ownership, then the private owner of the
open space shall be responsible for such maintenance.
I.
The intent of this chapter is to provide for the demarcation
of all open space to be dedicated to the Township or to others, as
part of an application for development. In the event any zoning ordinance
sections regarding open space have not been specifically delineated,
it shall be understood that the provisions of this chapter are also
applicable to those sections.
J.
The demarcation of open space under this chapter shall
be noted on the developer's final plat. In addition, a notice shall
be placed in all deeds for individual lots in the subdivision which
are adjacent to open space to be dedicated to the Township or to another
party (as applicable). The notice shall state that the property abuts
open space dedicated or to be dedicated to the Township of Readington
or to another party (as applicable) and that the line of open space
shall be demarcated in accordance with the terms of the developer's
subdivision approval and any and all applicable Township Zoning Ordinances
or amendments thereto.
K.
Nothing shall prevent the Township from installing
signs, fencing or other forms of demarcation on open space which it
already owns or has previously accepted for dedication.
[Added 8-2-2010 by Ord. No. 22-2010]
A.
Maximum change in elevation: Except as provided for herein, changes
in the elevation of existing land at any point shall not exceed two
vertical feet.
B.
Maximum percentage of lot area for topographic change: Except as
provided for herein, no more than 35% of a lot/tract area may have
topographic changes.
C.
Topographic modification setback: Except as provided for herein,
no changes in the elevation of existing land shall be permitted immediately
adjacent to a property line, street right-of-way or tract boundary
and shall only be conducted in accordance with the following schedule
of required setback distances determined by lot size:
Topographic Modification Setbacks
| |||||
---|---|---|---|---|---|
Lot/Tract Size
(square feet)
|
Less than 43,560
|
43,560 to less than 108,900
|
108,900 to less than 217,800
|
217,800 to less than 435,600
|
Greater than 435,600
|
Minimum Setback
(feet)
|
5
|
10
|
15
|
20
|
25
|
D.
Maximum slope transition: A maximum slope of 20% is permitted within
10 feet of a required minimum topographic modification setback, as
measured to the interior of a property.
E.
Retaining walls in setbacks: Retaining walls shall not be located
within the topographic modification setback or the twenty-percent/ten-foot-wide
slope transition adjacent to the topographic modification setback.
F.
Retaining wall offset: A minimum offset of 10 feet shall be required
between the exposed face of retaining walls (such as in a terrace
development). Land between retaining walls shall be planted. The slope
of land between retaining walls shall not exceed 10%.
G.
Retaining walls at stormwater basins: Retaining walls shall not be
utilized in the construction of stormwater basins.
H.
Exemptions:
(1)
The agricultural use of land.
(2)
The use of land for gardening primarily for home consumption.
(3)
The construction of a swimming pool, patio or deck on a lot
occupied and used as a single-family dwelling.
(4)
Landscape design on a lot occupied and used as a single-family
dwelling.
(5)
Activity that is part of a New Jersey Department of Environmental
Protection (DEP) remediation project.
(6)
Any activity that is part of a septic system repair, replacement
and/or removal project that is not otherwise subject to site plan
or subdivision approval.
(7)
Vehicular access to a lot, site or tract that represents the
minimum number of access points and the minimum size/scale of access
in order to ensure compliance with Soil Conservation District requirements
and minimum sight distance requirements as determined by the Township
or Board Engineer.
[Added 10-1-2012 by Ord. No. 21-2012; 3-17-2014 by Ord. No. 04-2014; 8-6-2018 by Ord. No. 11-2018]
A.
The purpose of this section is to permit renewable energy facilities
in appropriate locations in the Township in a way that is consistent
with duly enacted state legislation to facilitate alternative forms
of energy production and to minimize potential land use conflicts
and impacts associated with such facilities. This section is intended
to accomplish the foregoing while also:
(1)
Retaining prime agricultural soils for agricultural use by avoiding
locating such facilities on lands within the Agricultural Development
Area (ADA) and lands with significant areas of prime farmland soils
and soils of statewide importance;
(2)
Preserving the industry of agriculture and character of agricultural
lands and districts by avoiding locating such facilities on lands
adjacent to or across a public road from permanently preserved farmland;
(3)
Preserving areas with an established rural, scenic or historic
character by avoiding locating such facilities on land within areas
of rural, scenic or historic character, particularly on land that
is exposed to public view and where, by reason of topography or other
natural features, the facility cannot be effectively screened from
view;
(4)
Protecting the quality of life in residential districts by avoiding
the placement of accessory and principal renewable energy facilities
in locations where they would be visible from adjacent residential
uses and areas;
(5)
Providing standards for buffering and visual screening of renewable
energy facilities to protect surrounding properties from degradation
of visual character and to mitigate the negative visual impacts of
renewable energy facilities; and
(6)
Providing for proper decommissioning and land restoration of
the renewable energy facility after its useful life.
B.
Building-mounted solar energy facilities shall meet the following
requirements:
(1)
The facility's maximum offset/height above a roof plane upon
which it is mounted shall be 12 inches, unless it is visually screened
by another architectural element, such as a parapet.
(2)
The facility shall not exceed the applicable (principal or accessory)
maximum permitted building height.
(3)
Facilities on property located within local or state/national
historic districts shall not be mounted on roofs or exterior building
elevations that face public streets.
C.
Ground-mounted solar energy facilities shall meet the following requirements:
(1)
The facility shall not be located in a stream corridor, wetland
transition area or areas with slopes of 15% or greater.
(2)
The maximum height of the facility shall be eight feet.
(3)
The facility shall not be located in a front yard (between the
front facade of the principal building and a street).
(4)
The facility shall conform to the minimum required side and
rear yard setbacks for accessory buildings.
(6)
The facility shall provide one or more of the following beneath
the structures: lawn, meadow grasses or an agricultural area for crops
or grazing farm animals. Meadow grass plantings shall include wildflowers
in addition to appropriate grass species.
(7)
Where the prior use of a facility site consists of agriculture,
the facility shall be installed such that it can be returned to active
agricultural production after the useful life and removal of the facility.
As such, site disturbance, including but not limited to grading, cut
and fill, excavation, and soil compaction, shall be minimized; soil
removal is prohibited.
(8)
Ground-mounted solar energy facilities that are not accessory
to a single-family or two-family residential use shall require major
site plan approval and shall submit the following as part of the documentation
for site plan approval:
(a)
Location of proposed and existing underground or overhead utility
or transmission lines.
(b)
Location of any proposed or existing substations, inverters
or transformers.
(c)
Description of any necessary upgrades or modifications to existing
substations and utility lines, both on and off site.
(d)
Description of any new substations and utility lines, both on
and off site.
(e)
Description of how the energy generated by the facility will
be connected to the electrical distribution or transmission facility
or the electrical facility of the intended energy user.
(f)
Location of existing hedgerows and vegetated windbreaks. Trees
on the site that have a six-inch dbh or greater shall be identified
by species and overall condition. An accurate canopy depiction shall
be included.
(g)
Photographic simulations of the views of the proposed facility
from ground level from all public roads abutting the property and
from adjacent residential uses.
(h)
Maintenance plan which describes the applicant's approach to
maintaining the facility after construction, including the panels
and associated supporting structures, as well as the property on which
the facility is installed.
(j)
For all farm-scale renewable energy facilities site plan applications,
sufficient documentation shall be provided to demonstrate to the approving
authority that the requirements of the New Jersey State Agricultural
Development Committee's Agricultural Management Practice for the Construction,
Installation, Operation or Maintenance of Solar Energy Generation
Facilities, Structures and Equipment on Commercial Farms are met.
D.
Solar parking canopy facilities require major site plan approval
and shall meet the following requirements:
(1)
The horizontal area occupied by the facility shall be measured
by the aggregate of all facilities constructed on a lot, including
space between panels, excluding transmission lines and subterranean
elements. (See diagram entitled "Area Measurement of Solar Facilities.")[1]
[1]
Editor's Note: Said diagram is included as an attachment to this chapter.
(2)
The horizontal area occupied by the facility shall contribute
toward floor area and shall be included in the calculation of total
floor area ratio. (See diagram entitled "Area Measurement of Solar
Facilities.")
(3)
The maximum permitted height of the facility shall be 20 feet.
(4)
The facility shall not be located in a front yard (not located
between the front facade of a principal building and a street).
(5)
The facility shall conform to the minimum required side and
rear yard setbacks for principal buildings in the zone in which it
is located.
(6)
The installation of the canopy shall not result in a reduction
in the minimum required dimensions of parking stalls.
(7)
The facility shall meet the lighting and landscape standards of the Land Development Code, with the exception of § 148-70A(3).
(8)
Solar parking canopies shall submit the following as part of
the documentation for major site plan approval:
(a)
Location of proposed and existing underground or overhead utility
or transmission lines.
(b)
Location of any proposed or existing substations, inverters
or transformers.
(c)
Description of any necessary upgrades or modifications to existing
substations and utility lines, both on and off site.
(d)
Description of any new substations and utility lines, both on
and off site.
(e)
Description of how the energy generated by the facility will
be connected to the electrical distribution or transmission facility
or the electrical facility of the intended energy user.
(f)
Photographic simulations of the views of the proposed facility
from ground level from all public roads abutting the property and
from adjacent residential users.
(g)
Maintenance plan which describes the applicant's approach to
maintaining the facility after construction, including the panels
and associated supporting structures, as well as the property on which
the facility is installed.
E.
Additional standards for all solar energy facilities.
(1)
Sound-pressure levels generated by facilities at a property
line shall not exceed 40 dba.
(2)
Solar panels shall not be counted in the calculation of maximum
impervious cover unless the area under the panels (excluding any footings)
consists of an impervious material. The design of the facilities shall
comply with all New Jersey Department of Environmental Protection
and Township stormwater, grading and soil disturbance regulations,
whichever is more restrictive.
(3)
The use of concrete, asphalt or other impervious surface, including
gravel, is prohibited on the site of ground-mounted facilities, except
in the following locations:
(a)
The mounting of inverters, transformers, power conditioning
units, control boxes, pumps and other such facility components;
(b)
The mounting of solar panels, films and arrays when used as
ballast;
(c)
Driveway aprons; and
(d)
Portions of roads and driveways where necessary to provide stability
for vehicles.
(4)
All electrical and control equipment shall be labeled and secured
to prevent unauthorized access.
(5)
Transmission lines shall be underground.
(6)
The only signs permitted on a solar energy facility or any associated
building or structure are those depicting the manufacturer's or installer's
identification, or appropriate warning signs, or owner identification.
F.
Wind energy facilities.
(1)
The minimum lot area upon which a wind energy facility is located
shall be 20 acres.
(2)
Sound-pressure levels at a property line shall not exceed 40
dba.
(3)
Height of a wind energy facility shall be measured by the vertical
distance from the ground to the tip of a wind generator blade when
the tip is at its highest point.
(4)
The maximum permitted height of the facility shall be the maximum
permitted building height in the zone district in which it is located.
(5)
The facility shall be set back from all property lines and utility
lines a horizontal distance equal to 150% of the facility height.
However, the minimum setback to a residential use or zone shall be
300 feet.
(6)
Electrical distribution equipment (excluding switchgear stations)
shall be set back a minimum of 150 feet, or not less than 200 feet
from a residential use or district.
(7)
Electrical distribution equipment shall be enclosed and secured
with a fence or wall.
(8)
Facilities shall not be located within a front yard.
(9)
No portion of the wind generator shall extend into any public
right-of-way, unless written permission is granted by the government
entity with jurisdiction over the right-of-way, or any overhead utility
lines, unless written permission is granted by the utility that owns
and/or controls the lines.
(10)
The facility 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.
(11)
All electrical and control equipment shall be labeled and secured
to prevent unauthorized access.
(12)
The only signs permitted on a facility or any associated building
or structure are those depicting the manufacturer's or installer's
identification, appropriate warning signs, or owner identification.
(13)
Transmission lines shall be underground.
(14)
Visual screening of the site shall include an opaque fence or wall with a minimum height of six feet and a fifty-foot screening buffer pursuant to § 148-63.
(15)
There shall be no increase in illumination levels at property
lines and no visible light source from adjacent properties or public
streets/rights-of-way, except for security/emergency lighting.
(16)
Lighting of the wind generators shall be prohibited unless such
lighting is required by the Federal Aviation Administration.
(17)
The facility shall be a neutral color that is appropriate for
its location and will allow the tower to be as unobtrusive as possible,
unless otherwise required by the Federal Aviation Administration.
(18)
Facilities shall comply with the applicable Federal Aviation
Administration regulations and must receive any necessary Federal
Aviation Administration permits.
(19)
Facilities shall comply with the applicable Department of Environmental
Protection regulations and must receive any necessary permits from
the Department of Environmental Protection.
(20)
Wind energy facilities shall require major site plan approval
and shall submit the following as part of the documentation for site
plan approval:
(a)
Location of proposed and existing underground or overhead utility
or transmission lines.
(b)
Location of any proposed or existing substations, inverters
or transformers.
(c)
Description of any necessary upgrades or modifications to existing
substations and utility lines, both on and off site.
(d)
Description of any new substations and utility lines, both on
and off site.
(e)
Description of how the energy generated by the facility will
be connected to the electrical distribution or transmission facility
or the electrical facility of the intended energy user.
(f)
Photographic simulations of the views of the proposed facility
from ground level from all public roads abutting the property and
from adjacent residential uses.
(g)
Maintenance plan which describes the applicant's approach to
maintaining the facility after construction, including the wind generator
and associated supporting structures, as well as the property on which
the facility is installed.
G.
Abandonment. A renewable energy facility that is out-of-service for
a continuous eighteen-month period shall be deemed to have been abandoned.
(1)
The Township may issue a notice of abandonment to the owner
of a renewable energy facility that is deemed to have been abandoned.
The notice shall be sent return receipt requested.
(2)
The owner shall have the right to respond to the notice of abandonment
within 30 days from notice receipt date.
(3)
If the owner provides information that demonstrates the renewable
energy facility has not been abandoned, the Township shall withdraw
the notice of abandonment and notify the owner that the notice has
been withdrawn.
(4)
If the Township determines that the renewable energy facility has
been abandoned, the owner of the renewable energy facility shall remove
the renewable energy facility and properly dispose of the components
at the owner's sole expense within six months after the owner receives
the notice of abandonment.
(5)
In the event that the owner fails to remove the renewable energy
facility, the Township or its employees or contractors may enter the
property to remove the renewable energy facility (but shall not be
obligated to remove same); and in the event that the Township performs
the removal, all costs of such removal shall be reimbursed to the
Township by the owner. In the event the owner fails to reimburse the
Township, the Township may place a lien on the property in the amount
of the costs of said removal; and in the event that the Township incurs
any additional costs in enforcing the lien or collecting the money
owed, the owner shall be obligated to reimburse the Township for the
additional costs and expenses, including reasonable attorneys' fees.
H.
Decommissioning plan. All applications for accessory ground-mounted
or stand-alone renewable energy facilities shall be accompanied by
a decommissioning plan to be implemented upon abandonment in conjunction
with removal of the facility. Before beginning any decommissioning
activities, the applicant shall submit a performance bond, in a form
and amount satisfactory to the Township Attorney, which shall be based
upon an estimate approved by the Township Engineer assuring the availability
of adequate funds to restore the site to a useful nonhazardous condition
in accordance with the decommissioning plan. The plan shall include
the following provisions:
(1)
Deactivate, disconnect and remove all structures, unless otherwise
noted herein.
(2)
Restore the surface grade and soil after removal of aboveground structures
and equipment, including but not limited to removal of all components
of the facility within the top 12 inches of the soil profile.
(3)
Soil replacement, as necessary, within the top 12 inches of
the soil profile shall be comprised of topsoil meeting the texture
of loam as described in the USDA soil classification system, and the
pH shall be in the range of 6.5-7. Tests shall be reviewed and approved
by the Township.
(4)
All land shall be decompacted where necessary to promote healthy
plant growth prior to installation of topsoil and vegetation, subject
to approval of the Township. Tests are to be reviewed and approved
by the Township.
(5)
Restoration of soil areas with native grasses, agricultural
crops or plant species suitable to the area and which do not include
any invasive species;
(6)
Provide quantities take-offs, unit prices and overall cost estimates
for decommissioning in current dollars as well as projections for
15 years and 25 years.
(7)
The plan may provide for restoration of agricultural crops or
forest resource land.
(8)
The plan may provide for the retention of access roads, fences,
gates, buildings and buffer plantings at the discretion of the Township.
(9)
If the property owner fails to remove the facility and restore
the facility in accordance with the decommissioning plan, the Township
may perform in place of the owner. All costs incurred by the Township
in connection with same shall be a first-priority lien enforceable
pursuant to municipal tax lien statutes.