A. No accessory building shall be built on any lot which lacks a principal building or structure.
B. No accessory building shall be permitted in a front yard.
A. At the discretion of the Board, the height of house of worship steeples may exceed the zone limitation but in no case exceed a 55 foot height.
B. Except for single and two (2) family dwellings as permitted in this ordinance, roof structures for the housing of stairways, tanks, ventilating fans, air condition equipment or similar equipment required to operate and maintain the building may be erected above the height limits prescribed by this ordinance but in no case cover more than ten (10) percent of the roof area nor exceed the maximum height permitted in the district by more than five (5) feet and shall be shielded by a parapet wall or other architectural relief.
Radio antennae, television antennae and satellite dish antennae shall be permitted as an accessory structure provided it does not exceed 10 feet in height above the highest portion of the building and is located within the rear yard or on the rear roof pitch of a building. No structure shall be permitted in the front yard unless the applicant establishes that reception of signals is otherwise impossible. Such structures shall comply with the principal building setbacks unless the applicant establishes that reception of signals is otherwise impossible.
No building permit shall be granted for a building or use if the design or construction of the same involves or is likely to involve exceptional risk of public safety or hazard.
No store, shop or office within any district shall use any noise-making instruments such as phonographs, loud speakers, amplifiers, radios, television sets or similar devices which are so situated as to be heard outside any building in the district. No use shall be permitted which does not comply with the standards established pursuant to Chapter XXI, Noise Control, and Chapter III, Section 3-4, Excessive Noise, of the Township's General Ordinances.
All uses not specifically permitted in each zone district are prohibited. In addition, note the following specific prohibitions:
A. The following uses are specifically prohibited within 500 feet of any active public well. A public well is a well serving any system for the provision to the public of piped water for human consumption, if such system has at least 15 service connections or regularly serves at least 25 individuals daily at least 60 days out of the year.
1. Machine shops, commercial photo processing and printing establishments, dry cleaners, furniture refinishing, lumber yards.
2. Automotive/vehicular sales, service, repair or gasoline distribution.
3. Manufacturing, Processing or Fabrication Uses including, but not limited to the following: aluminum manufacturing or processing, building material production, chemical manufacturing, chemical warehousing and distribution, petroleum products production and storage, bulk distribution of petroleum products, photo processing laboratories, printing establishments, metal fabrication, secondary metals refining, solvent recycling, electrical and electronic products manufacturing, electroplating operations, foundries, and paint manufacturing.
4. Trucking Companies which have onsite fuel storage or vehicle repair.
5. Facilities that generate, store or dispose of hazardous waste other than household hazardous waste, or which generate, utilize or store hazardous substances in amounts that would, if released or spilled, be reportable to State or federal environmental agencies.
6. Junkyards, open dumps, landfills, incinerators, other solid waste facilities, hazardous waste facilities, radioactive waste storage, burial of construction debris or junk.
7. Trailer camps or storage or parking of trailers.
8. The commercial care, boarding, treatment or breeding of domestic animals.
9. Outdoor storage or storage yards for building materials or equipment or building debris.
10. Storage of crude oil or any of its volatile products or other flammable products.
12. Bulk storage of sodium and calcium chloride road salts.
13. Underground or above-ground fuel storage tanks.
B. Quarrying and Mining operations are specifically prohibited in all zoning districts.
C. Any sale or the display for sale of new or used motor vehicles, trailer coaches, or recreational vehicles, except, (a) on the premises in a residential zone where the owner of the vehicles resides in accordance with the provisions of Section 13-7.901(F), or (b) by an authorized motor vehicle dealership in accordance with the provisions of Section 13-7.3505, is prohibited in all zones.
D. Off-track wagering facilities or gambling casinos are specifically prohibited in all zoning districts.
E. Establishments that provide performances or entertainment with lewd, indecent, obscene, or pornographic content are specifically prohibited in all zoning districts.
F. Massage parlors, except those operated by a licensed massage therapist, are specifically prohibited in all zoning districts.
Outdoor storage is defined as the stockpiling or warehousing of vehicles, merchandise, materials and machinery outside the enclosed confines of a building, including but not limited to sand, gravel, dirt, asphalt, lumber, pipes, plumbing supplies, metal, concrete, insulation, construction equipment and construction vehicles.
In zoning districts where outdoor storage is permitted as an accessory use, the following minimum requirements shall apply:
A. Outdoor storage is prohibited within the front, side and rear yard setbacks. Outdoor storage may be located only within the envelope wherein a principal building could be constructed, and the perimeter of the storage area must maintain the same front, side and rear yard setbacks as specified for a principal building in the applicable zone district. Outdoor storage must be located to the rear of the principal building to which it is accessory. The approving Board may grant variance relief with respect to this provision where it determines there will be no adverse visual impact.
B. Unless paragraph A hereof requires greater setbacks, outdoor storage shall be set back a minimum of twenty-five (25) feet from rear and side property lines. A barrier such as curbing, fencing, wooden guide rail, or heavy landscaping shall be erected along the storage setback line to prevent encroachment by storage material.
C. Outdoor bulk storage shall not exceed a height of fourteen (14) feet.
D. Outdoor storage shall be allowed only in conjunction with the principal use conducted on the property.
E. The area utilized for outdoor storage shall be considered impervious surface and shall not exceed the maximum impervious surface coverage requirements established for the zone. The lot area utilized for outdoor storage shall be limited to the maximum percentage specified for each zoning district where such storage is permitted as an accessory use.
F. All outdoor storage shall be screened from adjoining properties and streets by means of fencing and landscaping as required by the Approving Board.
G. Outdoor storage, except for those items customarily used in conjunction with and incidental to a residential use, is prohibited in all residential zones. This provision shall not apply to the outdoor storage of farm machinery and the products of commercial agriculture for a farm located in any residential zone.
H. Outdoor storage of nursery stock, accessory to a garden center, which cannot ordinarily be accommodated indoors is permitted within the front yard setback subject to the following:
1. Site plan review and approval by the Planning Board
2. Nursery stock located no closer than twenty-five (25) feet to the street right-of-way and property lines.
3. Nursery stock shall occupy no more than 50% of the front yard area.
4. Nursery stock consists exclusively of plant material.
In zoning districts where the outdoor display of merchandise is permitted as an accessory use, the following minimum requirements shall apply:
A. The displayed merchandise must be directly related to the principal use conducted on the property.
B. The displayed merchandise is located no closer than fifteen (15) feet to any property line and twenty-five (25) feet to any street right-of-way and residential district.
C. The area devoted to such display shall be no greater than 200 square feet.
D. The said display area is separate and apart from any required sidewalk, offstreet parking or loading area or any public sidewalk, street or right-of-way and in no way obstructs any required emergency lanes. Sidewalks shall not be obstructed in effective width below the standards established in this Ordinance. Setbacks shall be maintained to separate sidewalks and parking areas from display areas as if the display area were a building.
E. The said area is utilized for display only during normal store hours, not to exceed 12 hours per day, and is not otherwise used as a storage area.
A. Purpose and Findings of Fact. The purpose of this section is to provide for reasonable control of development within the steep slope and ridgeline areas of the Township in order to minimize the adverse impact caused by the development of such areas, including, but not limited to, erosion, siltation, flooding, surface water runoff, pollution of potable water supplies, and destruction of unique natural land forms and scenic vistas.
B. Applicability.
1. Applicants for site plan, major subdivision or minor subdivision approval involving the disturbance of steep slopes shall submit a steep slope disturbance application containing all information required under this section to the appropriate Board. Any application for steep slope disturbance which requires a variance pursuant to Section 13-7.818H shall require the submission of a site plan application to the Planning Board. The Board shall not approve an application for steep slope disturbance unless the approval requirements of this section are met.
2. Applicants for construction permits not involved with a site plan, major subdivision or minor subdivision application but involving the disturbance of steep slopes shall submit a steep slope disturbance application to the Township Engineer, or other official designated by the Township Council. in order-to-insure that the proposed development of the lot will respect the natural features of the tract and minimize adverse impacts associated with such clearing and/or construction. The application shall not be approved unless the approval requirements of this section are met.
C. Steep Slope Disturbance Application Procedures.
1. Applicants seeking a permit for the disturbance of steep slopes shall submit information regarding steep slope conditions required as per Section 13-7.818F. to the appropriate authority as part of the required submissions. A permit for the disturbance of steep slopes shall not be approved unless the requirements of Section 13-7.8186. below have been met.
2. In connection with the any approval of steep slope disturbance hereunder, the approving Board may require that the applicant convey to the Township a conservation easement prohibiting further disturbance of steep slopes of 15% or greater and ridgelines.
D. Affordable Housing. Applications involving disturbance of steep slopes in amounts greater than the maximum limits set forth in Section 13-7.8186 shall identify the potential impact of such limits on the construction of on-site low and moderate income housing units, as defined and accepted by the Council on Affordable housing and credited towards the Township's Mount Laurel obligations. With respect to any application which identifies a potential negative impact on such on-site low and moderate income housing, the approving Board shall notify the governing body and request confirmation of the current need for such housing to satisfy the Township's Mount Laurel obligation.
**Webmasters Note: The previous subsection has been amended as per Ordinance No. 25-02.
E. Steep Slope Identification. All applications involving construction, grading or clearing of any lot shall be evaluated by the applicant to determine the presence of steep slopes as defined in the following categories:
25%+
For the purposes of this section, ridgelines shall be included in the category of 25!0+ steep slopes. Ridgelines are natural elevated topographical features containing slopes of less than 25% and located at an elevation of 800 feet or greater above mean sea level at the top of a hill, mountain, plateau or promontory, where the land surrounding such an elevated topographical feature includes 25%+ steep slopes. Each category shall be separately identified on a plan showing existing and proposed topographic information.
F. Steep Slope Disturbance Application Contents. Where an application involving the construction, grading or clearing of any lot is being made in conjunction with this Chapter, the following shall be required:
1. A legibly drawn plan at a scale as per site plan or subdivision requirements and in no case smaller than one inch equals fifty feet (1 "=50') and no larger than one inch equals ten feet (1"=10') shall be submitted by a New Jersey licensed engineer, land surveyor or architect which provides sufficient on-site detail to evaluate the proposed development.
2. The plan shall contain, at a minimum, the following items: a) Existing and proposed topographic information using two foot (2') contour intervals for all steep slopes and ridgelines as defined and categorized above. b) Existing and proposed drainage patterns within one hundred feet (100') of the area of disturbance. c) Location of proposed structures, driveways and other impervious surface. d) Details concerning architectural design and how the proposed construction will relate to, complement and minimize adverse impacts upon the existing natural features of the lot. e) Location of existing and/or proposed well and septic systems. f) Soil types contained on the lot with specific reference to highly erodible soils as defined by the United States Department of Agriculture Soil Conservation Service. g) Calculations of: (i) the area of proposed steep slope and ridgeline disturbance for each of the three slope categories specified in Section 13-7.818E, (ii) the total area within each of the three slope categories, and (iii) the percentage of the total area constituted by the proposed disturbed area for each of the three slope categories. h) Identification of the limits of proposed areas of conservation easements required pursuant to Section 13-7.818C.2.
G. Permitted Limit of Disturbance.
1. To the greatest extent possible, grading, the siting of any structure or the platting of any parcel for subdivision shall avoid disturbance of slopes 15% or greater and ridgelines.
2. Limited disturbance of steep slope areas within a subject property are permitted only under the following conditions:
H. Variance Required. Disturbance of steep slope areas in amounts greater than indicated in Section 13-7.818G. "Permitted Limit of Disturbance" shall require a variance from the approving Board. As a condition for the granting of any such variance, the Board may require the dedication to the Township of conservation easements coveting some or all of the undisturbed areas of the site, regardless of whether such areas contain steep slopes. In considering a variance request with respect to steep slope disturbance, the Board will give appropriate weight to the public benefits associated with developments which include on-site low and moderate income housing units as defined and accepted by the Council on Affordable Housing and credited towards the Township's Mount Laurel obligations. In considering such variance relief, the Board will also take into account the extent to which strict compliance with the requirements of Section 13-7.818G would generate unreasonable costs, and/or render the construction of on-site affordable housing infeasible.
**Webmasters Note: The previous subsection has been amended as per Ordinance No. 25-02.
1. Minor Steep Slope Areas. The applicable Board or the Township Engineer may choose to exempt small isolated pockets of steep slope areas that do not represent the character of the area and are under 2,000 square feet in size where such action would be in the interest of good planning, not seriously impair the purposes of this Chapter and would otherwise result in practical difficulties to the applicant. Where, however, the applicable Board or the Township Engineer finds such pockets to represent the character of the area and are of such size, configuration and location so as to constitute a substantial contiguous area, the reviewing authority may consider them significant and subject to regulation under this Chapter. In such a case, they would be included in the calculation of steep slope area.
J. Time for Approval.
1. Where an application for a steep slope disturbance permit is submitted as part of an application for major subdivision, minor subdivision or site plan approval, the time of approval shall be governed by the timing requirements applicable to major subdivisions, minor subdivisions or site plans.
2. Where an application for a steep slope disturbance permit is not submitted in connection with a major subdivision, minor subdivision or site plan application, the applicable Board or the Township Engineer shall act on the application within forty-five (45) days from the date of submission of a completed application or within such additional time as consented to by the applicant.
3. Failure of the applicable Board or the Township Engineer to act within the prescribed time, or any extension thereof, shall be deemed to be an approval of the application.
Notwithstanding any other provision of the Zoning Ordinance of the Township of Roxbury, no disturbance including grading and the erection, construction or expansion of any building or structure shall be permitted within 50 feet from the bank of any stream or from the edge of any pond or lake in the Township of Roxbury or within such greater distance as subsequent studies may demonstrate as being reasonably necessary. A conservation easement shall be required at a minimum width of 50 feet along the bank of any stream or from the edge of any pond or lake in the Township of Roxbury. Nothing herein contained, however, shall be construed to prohibit development in accordance with Section 13-7.821 or the construction of drainage pipe, headwalls, culverts and maintenance of dams or other structures for the impoundment or retention of water in any such streams, pond, lake, dug pond or reservoir provided that all applicable requirements and approvals of any public authority having jurisdiction over such matters are met and obtained.
Public parks, playgrounds and conservation areas are permitted in all zone districts.
Existing nonconforming residential uses located in a non-residential district may add, as a permitted accessory use, a private residential tool shed not to exceed the dimensions 10 feet by 10 feet with maximum height of 12 feet. Such sheds shall not be located within the front yard setback and shall maintain a side and rear yard setback of at least 10 feet.
A. Purpose. The purpose of these provisions is to provide for the reasonable control over the development of piers, boathouses and marinas so that the interest of individual waterfront property owners are balanced with the interests of the State, the community and the general public and to insure reasonably safe and unobstructed movement of water traffic as well as the most appropriate utilization of water resources and to secure safety and promote health, morals and the general welfare of the Township.
B. Definitions. For the purpose of this Section, certain terms are herewith defined and shall be construed as follows:
1. BOATHOUSE . Any enclosed structure over the water of Lake Hopatcong used for the sole purpose of storing and mooring boats and boating equipment.
2. BULKHEAD LINE . The highwater mark of 1.30 feet above the dam spillway (elevation 924.00) as recorded at Lake Hopatcong State Park or the line established by the Bureau of Navigation, State Department of Environmental Protection, defining the Lake's permanent shoreline.
3. CATWALK . Any structure extending transversely from the main walk.
4. DOCKS . Any structure extending lakeward of the bulkhead line for the purpose of mooring boats or for gaining access to moored boats.
5. MAIN WALK . Any structure extending into the Lake from the shoreline, which is used for access to moored boats.
6. MARINA . Any public, semi-public or private facility capable of berthing or mooring five or more boats.
7. PIER . A structure to moor boats to a dock or to which a deck or dock or other structure may be affixed.
8. PIERHEAD LINE . A line running parallel with the bulkhead line and extending not more than 50 feet from said bulkhead line as approved by the National Resources Council and Bureau of Navigation, State Department of Environmental Protection, beyond which no dock, pier or marina or other structure, permanent or temporary, floating or affixed to shore of lake bottom, may be located.
9. WATERFRONT LOT . Any lot adjoining a waterway.
C. General Requirements Applicable to All Piers, Boathouses and Marinas:
1. No dock, pier, boathouse or marina shall be constructed, enlarged or extended unless and until the owner secures from the Construction Official, a building permit as provided under the Uniform Construction Code. Normal maintenance and repair shall not require a building permit. No building permit for the construction, enlargement or extension of dock, pier, boathouse or marina shall be issued until the owner first obtains a favorable review of all site and construction plans from the following agencies: New Jersey State Department of Environmental Protection (Stream Encroachment Division), and Army Corps of Engineers.
2. Prior to the issuance of a building permit for a marina, the Planning Board shall review and approve a site plan showing, among other things, water and land traffic circulation, parking, moorings, landscaping, signs and such other data as may be required to permit a competent and thorough review. Compliance with Planning Board conditions of approval shall be made a condition for the issuance of a certificate of occupancy.
3. Permit applications shall be referred to the appropriate State and Federal Agencies for review and approval.
4. No pier, dock or marina shall extend into any waterway beyond the pierhead line or more than 15 percent of the width of the waterway measured on a line perpendicular to the closest opposite shore, whichever is less. In no event shall any pier, dock or marina extend into any dredged channel or waterway.
5. For the purpose of determining the exterior limits of piers, docks and main walks, any structure (including pilings driven independently of another structure) used for the mooring of boats shall be considered to be a part of the pier itself.
6. The top of any pier, dock or catwalk shall not be less than 14 inches from the high water elevation.
7. It shall be the responsibility of the owner of a pier, boathouse or marina to maintain said facility in good condition, free of litter or refuse. If said facility is in danger of becoming a hazard to residents, visitors, swimmers or boats, or could adversely affect navigation by reason of structural members extending or floating into waterways, then the Building Inspector shall notify and require the owner to undertake repairs.
8. Nothing in this Section shall be construed to waive the jurisdiction or remedies of the Zoning Board of Adjustment, where applicable; and additionally, any pier, dock, boathouse or marina proposed to be extended beyond the pierhead line or beyond 15 percent of the width of the waterway shall also be approved by the State Department of Environmental Protection.
D. Development Controls for Private Piers and Docks. No piers or docks shall be constructed, enlarged or extended and no building permit shall be issued therefore except in compliance with the following requirements:
1. Private piers and docks shall be permitted in all zones where lots have water frontage.
2. No dock or pier shall be located within ten feet of a side property line.
3. The length of a pier shall not exceed the width of the lot at the mean waterline but in no event shall a pier extend beyond the pierhead line.
4. No combination of docks and boathouses shall occupy more than fifteen percent of the water lot area within the pierhead line.
5. No dock, mainwalk or pier shall have a width of less than four feet, exclusive of pilings or other structural members.
6. There shall be not more than one dock, pier or main walk for each lot or for each 100 feet of frontage.
7. The distance between piers shall be a minimum of twenty-one feet.
8. No dock, pier or main walk shall provide permanent mooring facilities for more than four boats.
9. In cases where docks or piers are covered, the requirements shall be the same as those required for boathouses.
E. Development Controls for Boathouses. No boathouse shall be constructed, enlarged or extended and no building permit shall be issued therefore except in compliance with the following requirements:
1. Boathouses shall be permitted in all zones where lots have water frontage.
2. No boathouse shall be located within fourteen feet of a side property line.
3. No boathouse shall be closer than twenty-eight feet from a neighboring pier or boathouse.
4. Any combination of piers, docks, main walks and boathouses shall not occupy more than fifteen percent of the water lot area within the pierhead line. In no case shall a boathouse along exceed ten percent of the water lot area within the pierhead line.
6. Boathouses shall be located over the water and shall abut the lake shoreline.
7. Ingress and egress for boats shall be perpendicular to the shoreline.
8. There shall be no living or sleeping accommodations nor cooking or toilet facilities provided in any boathouse.
9. No boathouse shall exceed 12 feet in height.
F. Development Controls for Marinas. No marina shall be constructed, enlarged or extended and no building permit shall be issued therefore except in compliance with the following requirements:
1. Marinas shall only be permitted in the B-1 Zone.
2. No docks, pier or main walk (as part of a marina) shall be located within sixteen feet of a side property line, nor shall a pier within a marina be located closer than thirty feet from a private pier.
3. No marina shall occupy more than twenty-five percent of the water lot area within the pierhead line.
4. No main walks shall be less than eight feet in width and no catwalks shall be less than two feet in width.
5. More than one main walk or pier is permitted providing: a) The channel to open water shall not be less than four times the width of-the widest boat moored in the marina. b) The clearance in berthing and maneuvering areas within the marina shall not be less than twice the length of the longest boat moored in the marina.
6. In cases where piers are covered, the maximum height shall not exceed sixteen feet above the high water mark.
G. The following technical details shall apply to all waterfront development.
1. The maximum width of private docks shall be no more than five feet except upon authorization of the Planning Board under site plan approval where it can be demonstrated that additional width is required to assure structural stability. In any event, the overall width shall not exceed ten feet.
2. The maximum width of catwalks shall be no more than four feet.
3. No solid structures shall be permitted which lowers or adversely affects the capacity of the Lake or water flow except by permission of the Department of Environmental Protection.
4. Crib structures may be allowed providing their length does not exceed the width of the dock or pier.
5. Crib structures shall not exceed one-half of the span between adjacent piling bents.
6. Design of any structure must provide for free flow of water.
