A. Accessory buildings as part of principal buildings. Any accessory building attached to a principal building shall be considered part of the principal building and the total structure shall adhere to the yard requirements for the principal building regardless of the technique of connecting the principal and accessory buildings.
B. Accessory buildings not to be constructed prior to principal buildings. No building permit shall be issued for the construction of an accessory building prior to the issuance of a building 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, the Construction Official shall revoke the building permit for the accessory building until construction of the main building has proceeded substantially toward completion. [Amended 1-31-1977 by Ord. No. 1-1977]
C. Distance between adjacent buildings. The minimum distance between an accessory building and any other building(s) on the same lot shall be as prescribed in Article IV, except that no poultry or livestock shelter shall be erected nearer than 50 feet to any dwelling on the same lot.
D. Height and area of accessory buildings. The height and area of accessory buildings shall be as prescribed in Article IV.
E. Location. An accessory building may be erected in side and rear yard areas only and shall be set back from side and rear lot lines as prescribed in Article IV, except that if erected on a corner lot, the accessory building shall be set back from the side street to comply with the setback line applying to the principal building for that side street, and except further that no poultry or livestock shelter shall be erected nearer than 50 feet to any lot lines.
F. Residential storage sheds. Notwithstanding any other requirements of this chapter, storage sheds accessory to residential uses shall be located no closer than five feet to any lot line in the R-60, R-80, R-96, R-100, R-200, MH, R-I and R-A Districts. [Added 12-15-1994 by Ord. No. 8-1994]
[Added 5-1-1997 by Ord. No. 3-1997]
The following standards are hereby established for the Airport Safety Zone:
A. Minimum obstruction standards.
(1) Minimum obstruction ordinance standards establish the vertical limit to which structures or trees may be allowed to be developed or grow within an Airport Safety Zone.
(2) Minimum obstruction ordinance standards are vertical standards measured in respect to elevations whose datum is the horizontal plane established by runway elevations. For example, if a point in an Airport Safety Zone permits, at a specific point, development up to "X" feet, that means "X" feet above the runway horizontal plan and not "X" feet above the natural grade of the land at that point in the Airport Safety Area (see Fig. 2).
(3) The vertical standards within the runway subzone of an Airport Safety Zone are determined first by establishing the elevations at the runway center lines at the ends of the runway subzone of the Airport Safety Zone. From those elevations at the runway subzone ends, a line is run 90( outward from each side of the runway center line for a distance of 125 feet. Within the area defined by those four points, no development is allowed above the natural grade of the soil except for runway and flight safety equipment. The vertical standards within the remainder of the runway subzone of an Airport Safety Zone are determined by establishing plans from the edges of the longitudinal zero-foot development restriction line established in N.J.A.C. 16:62-4.2(c) which slope upward and outward at a rate of seven feet horizontally to one foot vertically. This upward plan ceases when it reaches the outer longitudinal borders of the Runway Subzone of any Airport Safety Zone at the elevation of 150 feet above its starting point at the longitudinal zero-foot development line (see Fig. 3).
(4) The vertical standards within the runway end subzone of an Airport Safety Zone are determined by first establishing a plane with a rising slope of one foot upward to 20 feet outward from the end of the runway subzone to the outermost end of the runway end subzone. This plane is bisected by the extended runway center line and is 250 feet in total width at its innermost dimension and widens uniformly along its three-thousand-foot length so as to have a total width of 850 feet at its outermost dimension where it intersects with the outmost portion of runway end subzone at the elevation of 150 feet above its starting point at the zero-foot development line.
(a) The vertical standards within the remainder of the runway end subzone of an Airport Safety Zone are determined by establishing sloping planes from the outmost longitudinal edges of the plan established in Subsection A(4) above. These planes rise upward at a rate of one foot upward to seven feet outward from the plane established in Subsection A(4) above to where they meet the outermost longitudinal boundaries of the runway end subzone at the elevation of 150 feet (see Fig. 4).
B. Permitted land uses within the Airport Safety Zone overlay. Only the following land uses are permitted within the Airport Safety Zone overlay:
(1) Residential single-family dwelling units situated on lots of at least six acres, or clustered developments where the density does hot exceed one unit per six acres, and the minimum lot area is at least three acres, provided that all dwellings are physically located outside of the clear zone.
(2) Open space.
(3) In the underlying AR Agricultural Residential Zone, permitted uses as provided in § 190-12, if not expressly prohibited under Subsection C below.
(4) Airport.
(5) In the underlying PI Planned Industrial Zone, permitted uses as provided in § 190-26, if not otherwise expressly prohibited under Subsection C below.
(6) If any planned industrial uses are situated in the Airport Safety Zone overlay, then the less stringent standards (e.g., those more favorable to the property owner) available under state regulations shall apply for purpose of minimum acreage requirements.
C. Prohibited land uses within the Airport Safety Zone overlay shall be as follows:
(1) Residential dwelling units not situated on a lot of at least six acres in size.
(2) Planned unit developments and multifamily dwellings.
(3) Hospitals.
(4) Schools.
(5) Aboveground bulk tank storage of compressed flammable or compressed toxic gases and liquids.
(6) Within the runway end subzones only, the aboveground bulk storage of flammable or toxic gases and liquids.
(7) Uses that may attract massing birds, including landfills; except where the same arises from farm and agricultural uses.
(8) Above grade major utility transmission lines and/or mains.
D. Variances within Airport Safety Zone overlay. Notwithstanding anything to the contrary contained in this chapter, variance for any use or conditions within the Airport Safety Zone overlay shall be granted except upon issuance of a permit by the Commissioner of Transportation.
Within any district allowing apartments, no dwelling containing apartments shall take place unless the following minimum standards are met in addition to the requirements specified in Article IV and until the site plan has been reviewed by the Planning Board: [Amended 8-6-1982 by Ord. No. 16-1982]
A. Each dwelling unit and combined complex of dwelling units shall have a compatible architectural theme with variations in design to provide attractiveness to the development, which shall include consideration of landscaping techniques, building orientation to the site and to other structures, topography, natural features and individual dwelling unit design such as varying unit width, staggering unit setbacks, providing different exterior materials, changing rooflines and roof designs, altering building heights and changing types of windows, shutters, doors, porches, colors and vertical or horizontal orientation of the facades, singularly or in combination, for each dwelling unit.
**Webmaster's Note: The previous is current through Supplement dated 10-20-98.
B. Prior to the Planning Board approval, a certification by the Township Engineer shall be required confirming the adequacy and availability of public water and sanitary sewer facilities to service the proposed development. Prior to the issuance of a certificate of occupancy, all dwelling units shall be connected to approved and functioning public water and sanitary sewer facilities
C. The total area devoted to parking shall not exceed twenty percent (20%) of the tract All parking facilities shall be on the same site as the building and located within one hundred fifty (150) feet of the nearest entrance of the building they are intended to serve. Parking spaces shall be provided in areas designed specifically for parking and there shall be no parking along interior streets.
D. Configuration and coverage
(1) Apartment buildings may consist of any configuration that meets the prescribed area and yard requirements and does not exceed the following overall or component building lengths Building coverage shall not exceed twenty percent (20%) of the tract area
(a) Two hundred (200) feet on one (1) plane
(b) Three hundred forty (340) feet on any angle
(c) Five hundred (500) feet along the center line
(2) Buildings measured along the center line shall provide one (1) opening at ground level at least every two hundred fifty (250) feet This opening shall be a minimum of fifteen (15) feet in clear width and height and be at an elevation enabling emergency vehicle access through the opening
E. No portion of any dwelling unit shall be a basement
F. Each dwelling unit shall have two (2) separate means of egress to the ground, except that any windowsill which is twelve (12) feet or less above the ground level below it shall be considered a separate means of egress
G. All buildings shall be Type 2 fire resistive by FHA standards In addition, each apartment building shall provide fire walls extending through the roof surface by at least six (6) inches in the form of either extensions of the wall through the roof surface or as offsetting roof lines and fire walls shall be constructed as the side walls of every other apartment unit Fire walls need not extend through the roof surface or as offsetting roof lines between apartments that are back to back No more than four (4) apartments in total on any floor shall be designed within said fire walls extending either through the roof surface or as offsetting roof lines All side walls located between the fire walls that extend through the roof surface or as offsetting roof lines shall extending up to the roof sheathing with a solid ridge line
H. In addition to any storage area contained inside individual dwelling units, there shall be provided for each dwelling unit two hundred (200) cubic feet of storage area in a convenient, centrally located area in the basement or ground floor of the dwelling structure where personal belongings and effects may be stored without constituting a fire hazard and where the said belongings and effects may be kept locked and separated from the belongings of other occupants There shall be a further minimum common storage area in each building of fifty (50) cubic feet per dwelling unit, located conveniently to the outside ground level, for bicycles, perambulators and similar types of equipment
I. No outside area or equipment shall be provided for the hanging of laundry or the outside airing of laundry in any manner Sufficient area and equipment shall be made available within each building for the laundering and artificial drying of laundry of occupants of each building Such areas shall be adequately soundproofed
J. Each apartment building shall contain a single master television antenna system which shall serve all dwelling units within the building.
K. All streets, both internal and external (including grading and paving), driveways, parking areas, sidewalks, curbs, gutters, street-lighting, shade trees, water mains, water systems, culverts, storm sewers, sanitary sewers, pumping stations, drainage structures and such other improvements as may be found to be necessary in the public interest, including recreation facilities, shall be installed at the expense of the developer and shall be completed to the satisfaction of the Planning Board before a certificate of occupancy may be issued In lieu of total completion of above, an adequate performance bond properly guaranteeing the completion may be accepted. Such bond value will be set at the time of posting and will be held by the Clerk of Pemberton Township after approval by the Township Solicitor as to form and surety.
L. At least one (1) building superintendent shall be provided and employed by the owner, and he shall reside on the premises
Nothing in this chapter shall require any change in the plans, construction, size or designated use of any building, structure or part thereof for which any building permit or site plan approval has been granted before the enactment of this chapter, provided that construction from such plans shall have been started within sixty (60) days after the enactment of this chapter and shall be continually and diligently pursued to completion; otherwise said permit shall be void
[Added 9-6-1990 by Ord. No. 18-1990]
A. All portions of any child-care center to be used by children shall be located on the principal entrance floor and any other level which is not more than one-half (1/2) story above or below grade at the location from which egress is provided to the street
B.A minimum of one thousand (1,000) square feet, plus fifty (50) square feet per child of outdoor space, adjacent to the center shall be provided and shall be adequately fenced or otherwise protected from hazards, traffic and driveways The per-child outdoor area requirement shall be calculated utilizing the licensed capacity authorized,
C. The hours of operation shall be limited to twelve-hour periods
D.Child-care centers shall provide one (1) parking space per employee, plus one (1) additional parking space for every five (5) children Adequate space shall be provided for the loading and unloading of children which shall take place onsite and not in a public right-of-way
E. The internal pedestrian circulation pattern shall be adequate to assure the safe movement of children and parents into and out of the child-care facility DP-sign features to be incorporated include the use of sidewalks and pedestrian crosswalks to connect the parking area with the child-care center facility
F. Parking areas and pedestrian walkways shall be illuminated to provide safe entrance and egress from the center for both pedestrian and automobile traffic
G. Location of access driveways, landscaping, signage and general site plan design shall be compatible with the neighborhood in which the center is to be located The location of any child-care center shall be appropriately situated in relation to the use or area it is intended to serve No child-care center shall be permitted to be located near or adjacent to areas determined to be hazardous to the physical health and safety of the children
H. Where a child-care center is provided as an accessory use to a principal use located on the same lot, the gross floor area devoted to the child-care center shall be excluded from calculating the parking and lot coverage requirements for the zone
I. Where a child-care center is provided as a principal use, the area and yard requirements shall apply as noted in the applicable district standards
J. Adequate landscape screening may include the use of earth berms, evergreen plantings and landscape plantings and solid fencing used individually or in combination so as to visually separate the child-care center lot from the adjoining parcels Each child-care center shall provide landscaped buffers adjacent to any side or rear lot line equal to at least ten percent (10%) of the lot width.
K. Any child-care center shall comply with all state standards, and any local approval shall be conditioned upon receipt of a state license
L. All other applicable requirements of this chapter shall apply, except where the Planning Board determines that such requirements are not appropriate for childcare centers.
Except as specified in § 190-37 of this chapter, any use, building or structure existing at the time of the enactment of this chapter may be continued even though such use, building or structure may not conform to the provisions of this chapter for the district in which it is located
A. No fence shall be erected of barbed wire, topped with metal spikes, 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
B. [Amended 5-30-1979 by Ord. No. 8-1979; 5-6-1983 by Ord. No. 7-1983; 8-17-1984 by Ord. No. 14-1984; 11-7-1986 by Ord. No. 26-1986; 12-15-1994 by Ord. No. 8-1994; 2-16-1995 by Ord. No. 1-1995] On any lot in any district, including a vacant lot in common ownership with, and adjoining, a lot with a permitted principal building, a fence, wall or hedgerow not exceeding four (4) feet in height may be installed on any lot line, provided that such fence, wall or hedgerow does not violate the requirements of § 190-34C No fence, wall or hedgerow shall be erected or altered so that said fence, wall or hedgerow shall be over four (4) feet in height, except that
(1) Height exceptions
(a) Six-foot-high fences shall be permitted in the rear yard only in all zones and may be erected along the side and rear lot lines.
(b) A dog run may have fencing a maximum of six (6) feet in height, provided that such area is located in rear yard areas only and is set back from any lot line at least fifteen (15) feet.
(2) A private residential swimming pool must be surrounded by a suitable self-latching fence at least four (4) feet but no more than six (6) feet in height
(3) Buffer areas shall meet the requirements specified in § 190-39
(4) Off-street parking, loading and driveway areas shall meet the requirements specified in § 190-38
(5) No fence shall be erected until a permit has been secured from the Administrator or such other persons as may be designated by the Administrator, pursuant to § 190-64, where additional regulations are included
(6) Licensed junkyards, as approved by the Township Committee, shall provide a solid fence not less than seven (7) feet high nor more than eight (8) feet high in such locations where any part of the premises faces a public street or is exposed to public view Such fence shall be set back at least twenty-five (25) feet from any property line
C. Corner lots [Amended 9-21-1995 by Ord. No. 16-1995]
(1) On a corner lot in any district, sight triangles shall be required in addition to the right-of-way, in which no grading, planting or structure shall be erected or maintained exceeding forty-eight (48) inches in height The "sight triangle" is defined as that area outside the right-of-way which is bounded by the intersecting street lines and a straight line connecting sight points, as shown on the diagram and table attached hereto and made a part of this chapter, as "Attachment A."
(2) The classification of various roadways to which this chapter shall apply and the sight distance required on said streets, which shall be designated as residential access," "residential subcollector," residential collector" or "arterial," is attached hereto and made a part of this chapter as "Attachment B " As set forth on said attachment, any streets not designated as "arterial," "collector" or "subcollector" are therefore classified as "residential access" streets
Attachment A Sight Triangles
Attachment B Street Classifications
All streets not classified as arterial, collector or subcollector are classified as "residential access" streets.
