Animals shall be a permitted use in any residential zone; provided, however, that they adhere to the following:
A. Adherence to the minimum health standards established and administered by the Dover Township Board of Health.
B. Structures used for the sheltering of horses shall not be located closer than 50 feet to any property line nor closer than 150 feet to any residence on another lots= [Amended 9-25-1991 by Ord. No. 2859-91; 9-24-1996 by Ord. No. 3196-96]
C. Not for commercial use.
D. Adherence to the provisions of Chapter 165, Animals and Animal Establishments, and Chapter 516, Animals, of the Code of the Township of Dover.
A. Farms for raising crops, hay, sod, trees, plants and fruit, but not livestock or poultry, shall be permitted in any zone district, provided that all buildings and structures utilized for farm purposes are set back at least 100 feet from all property lines, or in accordance with the setback requirements of the zone if such requirements are greater, and provided that roadside stands for the sale of products raised on the farm shall not be located closer than 40 feet to any street line 53 [Amended 9-25-1991 by Ord. No. 2859-91]
B. The raising of vegetables and fruits for personal use, but not for sale, shall be permitted on any lot in any zone.
A. The right to farm all land is hereby recognized to exist as a natural right and is also hereby ordained to exist as a permitted use in all zones where it currently legally exists or is currently an allowed use under this chapter and all other ordinances of the Township, county and state dealing with health, sanitation and environmental protection. The "right to farm," as it is used in this section, includes the use of irrigation pumps and equipment, aerial and ground seeding and spraying, tractors, farm laborers and the application of chemical fertilizers, insecticides and herbicides, as well as other mechanized equipment and modern procedures, including composting and on-site disposal of organic waste, all for the purpose of producing from the land agricultural products such as but not limited to vegetables, grains, hay, fruits, fibers, wood, trees, plants, shrubs, flowers and seeds, as well as the propagation and maintenance of horses, cows and other grazing livestock, fowl production, the maintenance of swine (as per and in accordance with Board of Health regulations) and providing for the processing and packaging, wholesaling and retailing of such products as contribute to farm income. including the construction of buildings, fences and parking areas in conformance with Township codes. Livestock fencing shall conform to the use intended and shall require a permit with no fee.
B. Definitions. For the purposes of interpretation of this chapter, the following definitions shall apply:
COMMERCIAL AGRICULTURE - The production principally for sale to others of plants and animals or their products, including but not limited to forage and sod crops, grain and feed crops, dairy animals and dairy products, livestock, including beef cattle, poultry, sheep, swine, horses, ponies, mules and goats; the breeding and grazing of such animals, bees and apiary products, fruits of all kinds, including grapes, nuts and berries; vegetables, nursery, floral, ornamental and greenhouse products.
FARM - An area of land of single or multiple contiguous or noncontiguous parcels which is actively devoted to agricultural or horticultural use, including but not limited to crop land, pasture, idle or fallow land, woodland, wetlands, farm ponds, farm roads and certain farm buildings and other enclosures related to agricultural pursuits.
HOME AGRICULTURE - The production principally for home use or consumption of plants, animals or their products and for sale to others where such sales are incidental, including but not limited to gardening, fruit production and poultry and livestock products for household use only.
C. The foregoing uses and activities included in the right to farm, when reasonable and necessary for the particular agricultural/farming, livestock and/or fowl production and when conducted in accordance with generally accepted agricultural/farming practices, can and may occur on holidays, Sundays and weekdays, at night and in the day, and the usual noise, odors, dust and fumes that are caused by them are also specifically permitted as part of the exercise of this right.
D. It is expressly found that whatever inconveniences may be caused to others not of the farming community by such uses and activities so conducted is legal for the farmer and is more than offset by the benefits from farming to the neighborhood, community and to society in general, by the preservation of open space, the beauty of the countryside and clean air and by the preservation and continuance of farming operations in Dover Township and in New Jersey as a source of agricultural products for this and future generations.
E. If a developer plans to build or sell 10 or more homes by creating a new subdivision or site plan with multifamily development in an area within 500 feet in any direction of a property currently in active farm use or zoned to allow said use, the developer or his or her agent must inform prospective purchasers, in writing, that they are near or next to an active farm and therefore may be subjected to such usual noises, odors, dust and/or fumes that an active farm may normally have. Furthermore, they should be aware of this § 348-5.25.1 which allows the farmer to pursue his endeavors without complaints and/or harassment. Also, any such development that occurs in the area of an active farm use shall do so in a manner so as not to infringe oh the rights of the farm. Particular attention must be paid to the water problems in said area as well as environmental issues. Such development cannot and will not cause flooding problems for the farmer or the neighborhood. Furthermore, if a development is erected next to an active use, the developer must erect and maintain a buffer use of at least 50 feet on his property for protection of both the existing farm and the new development.
F. In an effort to preserve and continue farming in the Township of Dover, residents involved in active farming and agricultural pursuits should and can be allowed to construct buildings on their land that are directly related to the farming pursuit, e.g., barns, storage buildings, equipment buildings, etc. Said buildings must be erected in accordance with Township building codes and shall follow the schedule as set for the Township.
G. These statements are of a general intent and meant to express a basic philosophy by which all other ordinances are to be considered and interpreted.
A. No person, firm or corporation shall park or store, between the hours of 9:00 p.m. and 6:00 a.m., a motor-drawn vehicle, omnibus, pole trailer, road tractor or commercial motor vehicle upon any land, property or lot which is primarily used or zoned for residential purposes. The words and phrases stated and used in this section are intended to have the meanings set forth for such words and phrases respectively as set forth in Subtitle 1 of Title 39 of the New Jersey Revised Statutes [Amended 9-25-1991 by Ord. No. 2859-91]
B. The provisions of this section shall not apply to the following:
(1) One commercial vehicle having a gross weight of four tons or less. [Amended 2-22-1995 by Ord. No. 3084-95]
(2) Any vehicles used at or stored upon an active construction site.
C. No vehicle which contains, carries or transports hazardous materials and which is or should be placarded according to and complying with the Department of Transportation Hazardous Materials Regulations as published in Code of Federal Regulations, Title 49, shall be parked or stored in the Township of Dover unless such area or place for parking or storage has received approval for such use by the appropriate agencies of the Township of Dover. No such area shall be approved for parking or storage of such vehicles unless such area or place is sufficiently secured by fencing so as to prevent any tampering with such vehicle. In determining the suitability of such fences, review shall be in conformance with the standards of § 348-8.13, Fences, of the Land Use and Development Regulations of the Code of the Township of Dover.
No building, structure or use shall be permitted within areas defined as wetlands by the New Jersey Wetlands Act of 1970 and delineated on the wetlands map prepared by the New Jersey Department of Environmental Protection, except in accordance with a permit issued under the Act.
No building, structure or use shall be permitted within areas defined as wetlands in Chapter 497, Watercourses and Coastal Wetlands, of the Code of the Township of Dover, except in accordance with a permit issued under that chapter.
A. Freestanding radio and television antennas shall only be placed in the rear yard area and shall be located no closer than 15 feet to any property line.
B. Freestanding antennas over 20 feet in height or antennas extending 20 feet above the point of attachment to a building shall be built to withstand winds of 100 miles per hour.
A. All new construction and substantial improvements to residential structures shall have the lowest floor, including basements, elevated to or above the base flood level, unless the Township is granted an exception by the Federal Insurance Administration for the allowance of basements and/or storm cellars.
B. All new construction or substantial improvements to nonresidential structures shall have the lowest floor, including basements, elevated to or above the base flood level or, together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. Where floodproofing is utilized for structures constructed below the base flood elevation, a registered New Jersey professional engineer and/or architect shall certify that the floodproofing methods are adequate to withstand the flood depths, pressure, velocities, impact and uplift forces and other factors associated with the base flood. The Construction Official shall maintain a record of such certificates indicating the specific elevation, in relation to mean sea level, to which such structures are floodproofed.
C. Plans submitted with applications for building permits for all new construction or substantial improvements to residential and nonresidential structures on land having an elevation of less than the base flood elevation and/or within any "A" Zone as shown on the Flood Insurance Rate Maps of the Federal Insurance Administration shall include the elevation of the first finished floor and the elevation of the basement or cellar, where provided. Data shall be United States Coast and Geodetic Survey data (MSL-0) and the source of data shall be noted. The Construction Official shall maintain a record of all such first finished floor, basement and cellar elevations submitted.
D. Prior to the issuance of any building permit on land located within an unnumbered "A" Zone as shown on the Flood Insurance Rate Maps of the Federal Insurance Administration, the applicant shall undertake and submit such studies as are necessary to determine the base flood elevation.
E. Whenever an applicant proposes to alter or relocate a watercourse, he shall notify adjacent communities and the New Jersey Department of Environmental Protection and submit copies of such notification to the Federal Insurance Administration. The design of the alteration or relocation of any watercourse shall be required to demonstrate that the flood-carrying capacity of the watercourse is maintained.
F. All mobile homes located on land having an elevation less than the base flood elevation shall be anchored to resist flotation, collapse or lateral movement by providing over-the-top and frame ties to ground anchors. Specific requirements shall be as follows:
(1) Over-the-top ties shall be provided at each of the four corners of the mobile home, with two additional ties per side at intermediate locations, and mobile homes less than 50 feet long shall require one additional tie per side.
(2) Frame ties shall be provided at each corner of the home, with five additional ties per side at intermediate points, and mobile homes less than 50 feet long shall require four additional ties per side.
(3) All components of the anchoring system shall be capable of carrying a force of 4,800 pounds.
(4) Any additions to the mobile home be similarly anchored.
G. All new mobile home parks, expansion to existing mobile home parks, and existing mobile home parks where the repair, reconstruction or improvement of the streets, utilities and pads equals or exceeds 50% of the value of the streets, utilities and pads before the repair, reconstruction or improvement has commenced, located on land having an elevation below the base flood elevation, shall make provision that stands or lots are elevated on compacted fill or on pilings so that the lowest floor of the mobile home will be at or above the base flood level, adequate surface drainage and access for a hauler are provided and, in the instance of elevation on pilings, lots are large enough to permit steps, piling foundations are placed in stable soil no more than 10 feet apart and reinforcement is provided for pilings more than six feet above the ground level.
H. New mobile home parks shall not be permitted within any floodway or flood hazard area.
I. All mobile homes, not within mobile home parks, which are located on land having an elevation below the base flood elevation shall make provision that stands or lots are elevated on compacted till or on pilings so that the lowest floor of the mobile home will be at or above the base flood level, adequate surface drainage and access for a hauler are provided and, in the instance of elevation on pilings, lots are large enough to permit steps, piling foundations are placed in stable soil no more than 10 feet apart and reinforcement is provided for piers more than six feet above ground level.
J. Along the Atlantic Ocean within Zone V6, as shown on the Flood Insurance Rate Maps of the Federal Insurance Administration, no new buildings shall be permitted, and any substantial improvement shall be elevated on adequately anchored pilings or columns and securely anchored to such piles or columns so that the lowest portion of the structural members of the lowest floor, excluding the pilings or columns, is elevated to or above the base flood level, and a registered professional engineer or architect shall certify that the structure is securely anchored to adequately anchored pilings or columns in order to withstand high-velocity waters and hurricane wave wash. The space below the lowest floor shall be free of obstructions or be constructed with breakaway walls intended to collapse under stress without jeopardizing the structural support of the structure so that the impact on the structure by abnormally high tides or wind-driven water is minimized. Such temporarily enclosed space shall not be used for human habitation.
K. No alteration of sand dunes and their natural vegetation which would increase potential flood damage shall be permitted.
L. No building, structure or use shall be permitted within floodways or flood hazard areas as defined in Chapter 313, Flood Damage Prevention, of the Code of the Township of Dover, except in accordance with a permit issued under that chapter.
M. With any application for development on land located within a floodway and/or having an elevation of less than the base flood elevation, the Planning Board shall require that the applicant submit a plan, certified by a registered New Jersey professional engineer and/or registered architect, of the flood protection measures to be taken. Such flood protection measures shall include, where applicable, the following:
(1) Anchoring to resist flotation, collapse and lateral movement.
(2) Installation of watertight doors, bulkheads and shutters, or similar methods of construction to protect against winds or wave action.
(3) Reinforcement of walls to resist water pressures.
(4) Use of paint, membranes or mortars to reduce seepage of water through walls.
(5) Addition of mass or weight to structures to prevent flotation or lateral movement.
(G) Installation of pumps to lower water levels in structures.
(7) Construction of water supply and waste treatment systems so as to prevent the infiltration of floodwaters.
(8) Pumping facilities or comparable practices for subsurface drainage system for buildings to relieve external foundation wall and basement flood pressures.
(9) Construction to resist rupture or collapse caused by water pressure or floating debris.
(10) Installation of valves or controls on sanitary and storm drains which will permit the drains to be closed to prevent backup of sewage and stormwaters into the buildings or structures. Gravity drainage of basements may be eliminated by mechanical devices.
(11) Location of all electrical equipment, circuits and installed electrical appliances in a manner which will assure that they are not subject to flooding and to provide protection for inundation by the base flood.
(12) Location of any structural storage facilities for chemicals, explosives, buoyant materials, flammable liquids or other toxic materials which could be hazardous to public health, safety and welfare in a manner which will assure that the facilities are situated at elevations above the base flood elevation or are adequately floodproofed to prevent flotation of storage containers or damage to storage containers which could result in the escape of toxic materials into floodwaters.
(13) Location and construction of parking areas and access drives to permit safety of access for emergency vehicles in times of flood.
As a condition of approval and the continuance of any use, occupancy of any structure and operation of any process or equipment, the applicant shall supply evidence, satisfactory to the Planning Board or to its designated representative, that the proposed use, structure, process or equipment will conform fully to all of the applicable performance standards. As evidence of compliance, the Board may require certification of tests by appropriate government agencies or by recognized testing laboratories, any costs thereof to be borne by the applicant. The Planning Board may require that specific types of equipment, machinery or devices be installed or that specific operating procedures or methods be followed if the government agencies or testing laboratories examining the proposed operation shall determine that the use of such specific types of machinery, equipment, devices, procedures or methods are required in order to assure compliance with the applicable performance standards. Permits and certificates required by other government agencies shall be submitted to the Planning Board as proof of compliance with applicable codes. The Planning Board and/or governing body may require that instruments and/or other devices or professional reports or laboratory analysis be used to determine compliance with the following performance standards for an existing or proposed use, and the cost thereof shall be home by the owner, applicant or specific use in question.
A. Conditional permit.
(1) In the event that a determination cannot be made at the time of application that a proposed use, process or piece of equipment will meet the standards established in this section, the Planning Board may issue or may recommend issuance of a conditional permit. The conditional permit would be based on submission of evidence that the proposed use, process or equipment will meet the standards established herein after completion or installation and operation.
(2) Within 30 days after a conditional permit is granted, a certificate of occupancy shall be applied for and satisfactory evidence submitted that all standards established by this section have been met.
B. Noise.
(1) Any nosie produced on the premises shall not be in excess of the stnadards listed below when measured at any property line of the lot on which the use is located:
(2) If the noise is not smooth and continuous, but is of an impulsive or periodic character, the decibel levels indicated above shall be reduced by 15%.
C. Air pollution. No substance shall be emitted into the atmosphere in quantities which are injurious to human, plant or animal life or to property or which will interfere unreasonably with the comfortable enjoyment of life and property anywhere in the Township. All provisions of the New Jersey Air Pollution Control Code, as amended and as augmented, and all the following provisions stated, whichever shall be more stringent, shall be complied with.
(1) Smoke. In any nonresidential zone, no smoke, the shade or appearance of which is darker than No. 1 of the Ringelmann Smoke Chart, shall be emitted into the open air from any fuel-burning equipment; provided, however, that smoke emitted during the cleaning of a fire box or the building of a new fire, the shade or appearance of which is not darker than No. 2 of the Ringelmann Smoke Chart, may be permitted for a period or periods aggregating no more than three minutes in any 30 consecutive minutes.
(2) Solid particles.
(a) In any residential zone, no discharge of solid particles through a stack, duct or vent shall be permitted that is greater than 50% of the allowable emission, in pounds per hour, established by Chapters 7 and 8 of the New Jersey Air Pollution Control Code.
(b) In any other zone, except the Industrial Zone, the allowable discharge shall be 75% of the allowable emission permitted by the New Jersey Air Pollution Control Code.
(c) In the Industrial Zone, the allowable discharge shall be the allowable emission permitted by the New Jersey Air Pollution Control Code.
(d) No open building shall be permitted in any zone.
(e) All incinerators shall be approved by the State Department of Environmental Protection.
(f) Any road, parking area, driveway, truck loading or unloading station or any other exterior area having a substantial movement of vehicles or equipment shall be paved or otherwise stabilized during construction sufficient to prevent the generation of dust from the movement of such vehicles or equipment.
(3) Odors. In any zone, no odorous material may be emitted into the atmosphere in quantities sufficient to be detected without instruments. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system, so that control will be maintained. Table I (Odor Thresholds in Air) in Part 1 (Odor Thresholds for 53 Commercial Chemicals) of Research on Chemical Odors, copyrighted October 1968 by the Manufacturing Chemists Association, Inc., Washington, D.C., shall be used as a guide in determining quantities of offensive odors.
D. Liquid waste. No liquid waste shall be discharged into any watercourse or sewage collection and disposal system, except in accordance with plans approved by the Dover Township Sewerage Authority and, where required, by the New Jersey Department of Environmental Protection.
E. Solid waste. All uses in the Township shall:
(1) Assume full responsibility for adequate and regular collection and removal of all refuse, except if the municipality assumes the responsibility.
(2) Comply with all applicable provisions of the Air Pollution Control Code.
(3) Comply with all provisions of the State Sanitary Code, Chapter 8, Refuse Disposal, Public Health Council of the State Department of Environmental Protection.
(4) Permit no accumulation on the property of any solid waste, junk or other objectionable materials.
(5) Not engage in any sanitary landfill operation on the property, except as may be permitted by other Township codes and ordinances.
F. Radiation. All use of materials, equipment or facilities which are or may be sources of radiation shall comply with all controls, standards and requirements of the Atomic Energy Act of 1954, as amended, and any codes, rules or regulations promulgated under such Act, as well as the Radiation Protection Act, P.L. 1958, c. 116, as amended, whichever shall be more stringent.
G. Fire and explosion hazards. If it appears that any proposed use, structure, process or resulting product or material may constitute a fire or explosion hazard, the Planning Board may require the applicant to supply proof of:
(1) Approval of the use, structure, process or resulting product or material from the State Department of Labor and Industry indicating that adequate safeguards against fire and explosion have been or will be taken or installed.
(2) Approval from the Township Fire Prevention Bureau that the applicant has complied with all applicable Township fire prevention regulations.
H. No activity shall be maintained on the premises which will produce heat or glare beyond any property line.
I. No machinery or operation shall be permitted which shall cause perceptible earth-shaking vibration beyond the property lines of the lot on which the use is located.
J. Storage of flammable material. The storage of all flammable and combustible liquids and gases shall be subject to approval by the Fire Prevention Bureau and the following regulations:
(I) The storage of fuel oil in aboveground tanks of a capacity greater than 275 gallons, or of a capacity greater than 10 gallons within structures, shall be prohibited in residential areas or in connection with residential uses. (Gallonage shall be determined by water capacity measurement.)
(2) The aboveground storage of any other flammable liquids or materials in tanks of a capacity greater than five gallons or combustible liquids or materials greater than 60 gallons and all underground storage of any other flammable or combustible liquids or materials, including dispensing equipment, shall be prohibited in residential areas. (Gallonage shall be determined by water capacity measurement.)
(3) The storage of liquefied petroleum gases or other types of bottled gas, supplied or delivered for residential consumption, shall be limited to a tank or tanks with a combined equivalent water capacity of 500 gallons for each residential dwelling or structure serviced.
(4) All installations of storage tanks for liquefied petroleum gas or other types of bottled gas with a combined equivalent water capacity in excess of 1,200 gallons shall comply with all requirements of the Fire Prevention Code and all installations of storage tanks for liquefied petroleum gas or other types of bottled gas with a combined equivalent water capacity in excess of 4,000 gallons shall be prohibited in areas not served by public water mains and fire hydrants complying with the requirements of the Fire Prevention Code. The bulk storage, processing or manufacturing of liquefied petroleum gas or other types of bottled gas or facilities therefor shall not be permitted in any residential zone.
(5) All installations of flammable or combustible liquids, compressed gases or other hazardous fuels shall comply with the requirements of the Dover Township Fire Prevention Code and amendments thereto.
K. Fire-resistant construction. All new construction and additions shall be fire-resistant construction in accordance with the requirements of the State Uniform Construction Code.
L. Lighting and illumination. Artificial lighting or illumination provided on any property or by any use shall adhere to the following standards:
(1) The illumination provided by artificial lighting on the property shall not exceed 0.5 footcandle beyond any property line.
(2) Spotlights or other types of artificial lighting that provides a concentrated beam of light shall be so directed that the beam of light does not extend beyond any property lines.
(3) Spotlights or other types of artificial lighting used to illuminate signs or building faces shall not emit beams of light that extend beyond the vertical plane of the sign or building face that they illuminate and shall not be located in such a manner as to cause the beams of light to be reflected upon any adjoining property, public street or vehicular circulation area.
