[Added 11-13-2001 by Ord. No. 2001-7]

A. Accessory buildings and structures.

(1) Accessory buildings as part of principal buildings. Any accessory building having a common wall, roof or foundation with the principal building shall be considered part of the principal building, and the total structure shall adhere to the yard requirements for the principal building.

(2) Location. In all districts except a PD and the HMR-3 Dstrict, accessory buildings or structures may not be erected within the front, rear or side yard setback areas and shall be set back from all lot lines as per the bulk requirements for the zoning district in which they are located, 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 applying to the principal building for that side street, and except further that no poultry or livestock shelter (excluding dog runs or other shelters for household pets) shall be erected, used or located closer than 50 feet to any property line. If the height of an accessory building or structure exceeds the minimum side and/or rear yard setbacks established for the zoning district, the minimum side and/or rear yard setbacks shall be increased to the height of the accessory building or structure. Amended 3-8-2006 by Ord. No. 2006-6]

B. Swimming pools. No private residential outdoor swimming pool shall be constructed or installed on any lot unless the lot contains a principal residential building. A pool shall be located in rear yard areas only and shall occupy no more than 75% of the yard area in which it is located and shall be located no closer than 20 feet to any lot line. There shall be no minimum distance requirement between the pool and principal structure.

C. Lot configuration.

(1) Insofar as is practical, side lot lines shall be either at right angles or radial to street lines.

(2) Each lot must front upon an approved street, except that in instances where private streets and/or other accessways are provided and approved as part of a site plan and/or subdivision submission, each lot need not front upon an approved street.

(3) All lots shall be suitable for the purpose(s) of their intended use. Where there is a question as to the suitability of a lot or lots for their intended use due to factors such as poor drainage conditions or flood conditions, percolation tests or test borings indicating the ground conditions to be inadequate for proper sewage disposal for on-lot sewage treatment or similar circumstances, the Board, after adequate investigation and receipt of a written report by the Township Council, where applicable, may withhold approval of such lots. If approval is withheld, the Board shall give reasons and notify the applicant and enter the same in the minutes.

(4) All lot corners shall be marked in accordance with the requirements of the New Jersey Map Filing Law.

D. Preservation of natural features; soil removal.

(1) Natural features, such as trees, hilltops and views, natural terrain, open waters, critical areas and natural drainage ridge lines, shall be preserved to the maximum extent reasonably possible in designing any development containing such features. The development plan should demonstrate the avoidance of unnecessary alteration of existing topography or the removal of vegetation and should propose development that will otherwise respect the established natural conditions of the site and its surroundings. Where recommended by the Soil Conservation District, a stilling basin may be required of a size determined by the Township Engineer for the purpose of retaining the natural state of contiguous or on-site streams.

(2) No topsoil shall be removed from areas intended for open space. Topsoil moved during the course of construction shall be redistributed on the lot so as to provide at least four inches of cover to all areas. All such distributed areas shall be stabilized by seeding, planting or sodding and be according to an approved soil erosion and sediment control plan approve by the Soil Conservation District when the disturbed area exceeds 5,000 square feet. In the event that the site does not contain sufficient amounts of topsoil to provide four inches of cover to all areas of the development, the developer shall supply sufficient amounts to meet this requirement. Where found necessary by the Board, required seeding, sodding, water retention structures, riprapping or other activities necessary to carry out the soil erosion and sedimentation control plan shall be made, subject to the provisions of adequate performance and maintenance guaranties.

(3) No soil shall be removed from or be imported to any site within the Township without prior approval of the Township Engineer or his authorized representative. Additionally, regarding applications for major subdivision or major site plan development only, the applicant shall provide the Planning Board or Zoning Board of Adjustment, as the case may be, with an estimate of the total amount of soil to be excavated from the site and the total amount of soil to be imported to the site. The Planning Board or Zoning Board of Adjustment, as the case may be, shall review the data as part of its review of the application for development. The information provided by the applicant shall also address how the soil is to be distributed and stabilized, including grades and contours. Moreover, if soil is to be imported to the site, the applicant shall describe to the satisfaction of the Township Engineer or his authorized representative the method and frequency of the testing of the imported soil in order to ensure its quality. Finally, the applicant shall describe the size and number of vehicles that are anticipated to haul the removed or imported soil, together with proposed truck routes.

(4) An effort shall be made to preserve the existing vegetation on the site. All trees having a caliper of six inches or more measured three feet off the ground which are not required to be removed by the proposed construction shall be protected by the installation of a snow fence or similar barrier around the drip line prior to commencement of construction. The limits of disturbance, together with the proposed location and species of the trees, shall be indicated on the site plan and/or subdivision submission. A minimum of three shade trees per lot shall be planted on single-family residential lots, and a minimum of 10 shade trees per acre of gross tract shall be planted in designated common open space areas. See Chapter 119, Landscaping, for additional standards.

(5) For the protection and enjoyment of natural features, the Board may require conservation easements. Conservation easements and wetland transition buffer areas shall be delineated by monuments.

A.development application and/or application or a construction permit must establish that the intended use will comply with the performance standards enumerated below. In the case of a structure being built where the future use is not known, a construction permit may be issued with the conditions that no certificate of occupancy will be issued until such time as the proposed use is known and the future occupant establishes compliance. Subsequent to the approval of a development application and/or the issuance of a building permit, the owners and occupants of such approved structures and uses must adhere at all times to the following performance standards:

A. Electrical and/or electronic devices. All electric or electronic devices shall be subject to the provisions of Public Law 90-602, 90th Congress HR 10790, dated October 18, 1968, entitled An Act for the Protection of Public Health and Safety from the Dangers of Electronic Product Radiation. Radiation products, as defined in DHEW Publications No. (FDA) 75-8003, shall be so limited and controlled so that no measurable energy can be recorded at any point beyond the property boundaries. The applicant, upon request, shall produce certified data wherein measurements made in accordance with the procedures and standards set forth in the DHEW Publication No. (FDA) 75-8003 adequately demonstrate compliance with the minimum standards established by the Act. All other forms of electromagnetic radiation lying between 100 KHz and 10 GHz shall be restricted to the technical limits established in the Federal Communication Commissions Rules and Regulations. Additionally, electric or electronic equipment shall be shielded so there is no interference with any radio or television reception at the lot line (or beyond the operators dwelling unit in the case of multifamily dwellings) as the result of the operation of such equipment.

B. Glare. No nonagricultural use shall produce a strong, dazzling light or reflection of a strong, dazzling light or glare beyond its lot lines. Exterior lighting shall be shielded, buffered and directed so that glare, direct light or reflection will not become a nuisance to adjoining properties, adjoining units, adjoining districts or streets. Unless required by law, no lighting shall be a rotating, pulsating or other intermittent frequency.

C. Heat. No use shall produce heat perceptible beyond its lot lines. Further, no use shall be permitted which could cause the temperature to rise or fall in any natural body of water or watercourse.

D. Noise. Nonagricultural noise levels shall not exceed the standards established by the New Jersey Department of Environmental Protection as they may be adopted and amended.

E. Odor. Odors due to nonagricultural and nonresidential uses shall not be discernible at or beyond any lot line.

F. Storage and waste disposal. No materials or waste may be deposited upon a lot in a location or in a manner which may result in such waste or material being transferred off the lot by natural causes or forces. No materials or waste may be deposited upon the lot in a manner or a location or where they can contaminate an underground aquifer or in any way render an underground aquifer undesirable as a source of water supply or recreation or where they will damage or destroy aquatic life. Provision shall be made for all material or waste which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise attractive to rodents and insects to be enclosed in appropriate containers to eliminate such hazards. With respect to solid waste each property owner shall:

(1) Assume full responsibility for adequate and regular collection and removal of all refuse, except to the extent such services are provided by the Township, in which case the property owner shall assume full responsibility for compliance with all regulations governing the provision of those services.

(2) Comply with all applicable regulations of the New Jersey Department of Environmental Protection.

(3) Permit no accumulation on the property of any solid waste, junk or refuse.

(4) Comply with all provisions of the State Sanitary Code, Chapter VIII, Refuse, Disposal, Public Health Council of the New Jersey Department of Health and the Public Nuisance Code.

(5) Provide adequate, covered solid waste containers, stored out of public view and secured from vandalism. Compactor units shall afford completely sealed operation and efficient access by collection vehicles.

G. Ventilation. No use shall obstruct the natural ventilation of adjacent uses or contaminate the air with heat or odor. Further, no air conditioners or exhaust fans shall be permitted to discharge exhausted air unless they comply with the minimum building setback requirements of this chapter and are equipped with baffles to deflect the discharged air away from adjacent uses.

H. Vibration. There shall be no vibration which is discernible to the human senses of feeling beyond the immediate lot.

I. Dust. Dust due to nonagricultural operations shall not be permitted to escape beyond the immediate lot.

J. Radiation. No use shall produce levels of radiation in excess of the level established by the Radiation Protection Act, L.1958, c. 116 (N.J.S.A. 26:2D-1 et seq.) and standards promulgated pursuant thereto by the New Jersey Department of Environmental Protection.

K. Air, water and environmental pollution. No use shall emit any pollutant into the ground, water or air that exceeds the most stringent applicable federal, state or local statute, regulation and ordinance.

L. Nuisance. No use shall produce any nuisance source of injury or sickness, foul or noxious waters, gases or vapors which may be hazardous or injurious to the public health, safety and welfare.

A. Height limits. Penthouses or roof structures for the housing of stairways, tanks ventilating fans, air-conditioning equipment or similar equipment required to operate and maintain the building, skylights, spires, cupolas, flagpoles, chimneys or similar structures may be erected above the heights prescribed by this chapter but in no case more than 20% more than the maximum height permitted for use in the district; mechanical equipment or other such roof-mounted structures shall be adequately screened from view. Silos, barns and other agricultural structures shall have no height restrictions.

B. Parking of commercial vehicles in residential zones. One registered commercial vehicle of a rated capacity not exceeding one ton on four wheels, 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 relatively unexposed to neighboring properties and is screened from neighboring properties by plantings at least five feet in height. For purposes of this chapter, a commercial vehicle is a bus and/or vehicle containing advertising matter intending to promote the interest of any business, whether or not said vehicle is registered as a commercial vehicle with any State Division of Motor Vehicles, except that this provision shall not be deemed to limit construction equipment which is used on the site for construction purposes.

C. Public election voting places. The provisions of this chapter shall not be construed as to interfere with the temporary use of any property as a voting place in connection with a municipal or other public election.

D. Public utility lines. Public utility lines for the transportation and distribution and control of water, electricity, gas, oil, steam, telegraph and telephone communications and their supporting members, other than buildings or structures, shall not be required to be located on a lot, nor shall this chapter be interpreted as to prohibit the use of a property in any zone for the above uses.

E. Projection into side yards. A bay window, stoop, chimney or fireplace, eave, overhang or similar structure protecting not more than 21 inches from the wall of a building may extend into any required setback, provided that it does not reduce the width dimension of a driveway, which driveway shall not be less than 10 feet.

A.homeowners association or other open space organization may be established for the purposes of owning and assuming maintenance responsibilities for the common open space and common property designed within a development, provided that the Board is satisfied that the organization will have a sufficient number of members to reasonably expect a perpetuation of the organization in a manner enabling it to meet its obligations and responsibilities in owning and maintaining any property for the benefit of owners or residents of the development. A homeowners association or open space organization shall be established prior to the issuance of any certificate of occupancy for any building in the development. If established, the organization shall incorporate the following provisions:

A. Membership shall be limited to and mandatory for all property owners, condominium owners, stockholders and other owners of property or interest in the development. Required membership and the responsibilities upon the members shall be in writing between the organization and each member in the form of a covenant, with each agreeing to liability for his/her pro rata share of the organizations costs.

B. The organization shall be responsible for liability insurance, taxes, maintenance and other obligations assumed by the organization and shall hold the municipality harmless from any liability. The organization shall not be dissolved and shall not dispose of any open space property by sale or otherwise, except to an organization conceived and established to own and maintain the open space or property for the benefit of such development, and thereafter such organization shall not be dissolved, nor dispose of any of its open space or real property until such time as some other entity is approved by the Township to assume all the duties, functions and obligations of the original organization.

C. The assessment levied by the organization upon each member may become a lien on each members property. The organization shall be allowed to adjust the assessment to meet changing needs.

D. The organization shall clearly describe in its bylaws and resolutions all the rights and obligations of each tenant and/or owner, including a copy of the covenant, model deeds and articles of incorporation of the organization and the fact that every tenant and property owner shall have the right to use all the common property.

E. The articles of incorporation shall contain provisions to ensure adequate funds are available for maintenance of the common elements. In the case of townhouse and patio home dwelling units the bylaws or resolutions shall include regulations governing the provisions for accessory decks, patios and fences for the dwelling units which shall be approved as part of the original site plan application and/or amendments thereto. The articles of incorporation of the organization and the bylaws and resolutions shall be submitted for review by the reviewing board prior to the granting of the original final or amended site plan approval.

F. The articles of incorporation, covenants, bylaws, model deeds and other legal instruments shall ensure that control of the organization and title to the common open space shall be transferred to the members of the homeowners association based on a percentage of the dwelling units sold and/or occupied; such schedule shall be subject to review and approval by the reviewing board.

G. Should the association fail to maintain the common open space or common property in reasonable order and condition, the Township may serve written notice upon such organization and shall follow the procedures set forth in N.J.S.A. 40:55D-43b; and if it becomes necessary for the Township to provide maintenance, the imposition of a lien as set forth in N.J.S.A. 40:55D-43c shall-be followed.