A. The uses which are enumerated in this section are prohibited throughout the Township. This proscription may not be altered, modified or varied, except through amendment of this chapter. No deviation may be authorized pursuant to N.J.S.A. 40:55D-70d, or § 250-9G(5) of this chapter.

B. The following uses are prohibited in all zones:

(1) Refineries.

(2) Explosive manufacture or storage.

(3) Cement manufacturing.

(4) Slaughterhouses and solid or liquid waste processing, storage or disposal.

(5) No accessory building shall be used for residential purposes by any person or persons, including members of the family of the occupants of the principal building, except by domestic servants or others employed on the premises by the occupant of the principal building.

(6) Individual rooftop antennas on multifamily dwellings are specifically prohibited. Multifamily dwellings shall be served by a master antenna system, individual attic antennas, or cable system.

(7) Developments composed of multifamily dwellings served by rural postal service shall have clustered roadside mailboxes as part of appropriate street furniture. Individual freestanding mailboxes are specifically prohibited.

All uses shall maintain a continuing conformance with the following safety and environmental performance standards. Regardless of any other provisions of this chapter, deviations from these standards shall establish the otherwise permitted use to which they relate as not permitted. Violations of these standards shall constitute a change in the use of the property and shall be abated in order for legal occupancy of the premises to continue. All uses must hold and comply with all applicable state and/or federal licenses and permits.

A. Noise standards.

(1) The definitions contained in the Noise Control Regulations of the New Jersey Department of Environmental Protection (N.J.A.C. 7:29-1.1 et seq.) are hereby incorporated by reference without being set forth in full with regard to this section.

(2) No person shall cause, suffer, allow or permit, nor shall any application for development be approved which produces sound in excess of the standards listed below when measured at any location outside of the lot on which the use or source of sound is located:

(a) Continuous airborne sound which has a sound level in excess of 50 dBA.

(b) Continuous airborne sound which has an octave band sound-pressure level in decibels which exceeds the values listed below in one or more octave bands:

(c) Impulsive sound in air which has an impulsive sound level in excess of 80 decibels.

(3) The provisions of this section shall not apply to:

(a) Agricultural uses;

(b) Bells, chimes or carillons while being used in conjunction with religious services;

(c) Commercial motor vehicle operations;

(d) Emergency energy release devices;

(e) Emergency work to provide electricity, water, or other public utilities when necessitated by public health or safety concerns;

(f) National Warning System (NAWAS) signals or devices used to warn the community of attack or imminent public danger such as flooding or explosion;

(g) Noise of aircraft flight operations;

(h) Public celebrations;

(i) Public roadways;

(j) Stationary emergency signaling devices;

(k) The unamplified human voice; and

(l) Use of explosive devices, regulated by the NJ Department of Labor and Industry under the 1960 Explosive Act (N.J.S.A. 21:1A-1-27).

B. 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 of the following provisions stated, whichever shall be more stringent, shall be complied with:

(1) Smoke. In any zone, no smoke, the shade or appearance of which is darker than No. 1 on the Ringelmann Smoke Chart, shall be emitted into the open air from any incinerator or 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 no darker than No. 2 on 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 industrial zones, 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 burning shall be permitted in any zone.

(e) All incinerators shall be approved by the DEP.

(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 all zones, no odorous material may be admitted 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 1 (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.

C. Liquid waste. No liquid waste shall be discharged into any watercourse, storm drain or sewage collection and disposal system, nor into any ground sump, any well or percolation area, except in accordance with plans approved by the Municipal Engineer, and where required by the DEP.

D. Solid waste. All uses in the municipality shall:

(1) Assume full responsibility for adequate and regular collection and removal of all refuse, except in cases where the municipality assumes the responsibility.

(2) Comply with all applicable provisions of the New Jersey Air Pollution Control Code.

(3) Comply with all provisions of the New Jersey Sanitary Code, Chapter 8, "Refuse Disposal," Public Health Council of the DEP.

(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 municipal codes and ordinances.

E. 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 US Atomic Energy Act of 1965, as amended, and any codes, rules or regulations promulgated under such Act, as well as the NJ Radiation Protection Law, N.J.S.A. 26:2D-1 et seq., as amended, whichever is more stringent.

F. Fire and explosion hazards. All activities shall be carried on only in buildings classified as fireproof by the building code of the Township and as determined by the Fire District in which the property is located. The operation shall be conducted in such a manner and with such precautions against fire and explosion hazards as to produce no explosion hazard as determined by the New Jersey Inspection Bureau of Fire Prevention to a use on an adjacent property and must conform to the rules and regulations of the most recently adopted edition of the Fire Prevention Code of the National Board of Fire Underwriters and the Fire Department.

G. Vibration. There shall be no vibration which shall be discernible to the human sense of feeling beyond the boundaries of the lot on which the source is located. At no point on or beyond the boundary of any lot shall the maximum ground transmitted steady state or impact vibration caused by any use or activity (except those not directly under the control of the property user) exceed a particle velocity of 0.10 inch per second for impact vibrations. Particle velocity is to be determined by the formula 6.28F(A), where F is the frequency of the vibration in cycles per second and A is the maximum single amplitude displacement of the vibration in inches. For the purpose of measuring vibrations, a three-component measuring system shall be used. For the purpose of this chapter, "steady state vibrations" are vibrations which are continuous, or vibrations in discrete impulses more frequent than 100 per minute. Discrete impulses which do not exceed 100 per minute shall be considered impact vibrations.

H. Electromagnetic interference. There shall be no electromagnetic interference that:

(1) Adversely affects, at any point, the operation of any equipment other than that belonging to the creator of such interference; or

(2) Is not in conformance with the regulations of the Federal Communications Commission.

I. Heat. Every use and activity shall be operated so that it does not raise the ambient temperature more than 2 C. at or beyond the boundary of any lot line.

J. Lighting and illumination.

(1) The illumination provided by artificial lighting on the property shall not exceed 0.5 footcandle beyond any property line as measured on the ground.

(2) Spotlights or other types of artificial lighting, that provide 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.

(4) There shall be no direct or sky-reflected glare exceeding 1/2 of a footcandle measured at the boundaries of the lot on which the source is located. This regulation shall not apply to lights which are used solely for the illumination of entrances or exits or driveways leading to a parking lot.

K. Outdoor storage and display. The following regulations shall apply to the storage or display of materials when not within an enclosed building:

(1) Solid wastes and recyclables from single- and two-family homes, if stored outdoors, shall be placed in metal or plastic receptacles with tight-fitting covers. Such receptacles shall not be stored or placed within any front yard area prior to the time at which materials are permitted to be placed at the curblines for collection. Such receptacles may be stored in either rear or side yard areas, but if stored within a side yard area, they shall be screened from view of adjoining properties and street areas with planting or fencing.

(2) No nonresidential use shall store materials of any kind outdoors in any district, except in connection with the construction of a structure to be erected on the premises unless specifically permitted elsewhere in this chapter.

(3) Outdoor storage or display of goods shall be restricted as follows:

(a) The permanent outdoor display of goods shall be limited to display areas delineated on an approved site plan and shall be limited to one sample good produced on premises and to sales of motor vehicles, recreational vehicles or boats.

(b) Temporary sales and outdoor display of goods may be permitted not more than 10 days each year, provided that:

[1] All sidewalk areas shall remain unobstructed for not less than four feet of their width;

[2] All goods shall be placed at least five feet from any driveway or street; and

[3] All driveways within 60 feet of any street or leading to any fire zone shall remain unobstructed.

(c) Coin-operated vending machines shall be located within two feet of a building.

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(4) Temporary sales of Christmas trees may be permitted beginning the day after Thanksgiving in November through the month of December as an accessory to commercially zoned uses and as an on-site accessory to charitable service uses. Adequate off-street stopping space or maneuvering space for vehicles of customers shall be provided, and the temporary sales shall not interfere with other uses on the site. One freestanding sign, not larger than 12 square feet in area and not exceeding eight feet in height, may be erected at least 10 feet from any property line. Such signs shall be removed not later than December 31.

(5) Areas for the outdoor storage of vehicles other than passenger automobiles and motorcycles may be established in residential zones as follows:

(a) Said storage areas may be established as follows:

[1] Common storage facilities may be established for the use of neighborhood residents as a principal use within any zone;

[2] Individual storage areas may be established in side and rear yards in all residential zones; and

[3] Individual storage areas may be established in a front yard in R-5 residential zones where access to the side or rear yard is obstructed by a building.

(b) Said storage in residential zones shall be limited as follows:

[1] Items shall be limited to not more than one recreational vehicle, motor home, travel trailer, or camper, one small boat and one commercial vehicle with not more than two axles and not more than 5,000 pounds gross vehicle weight for each household;

[2] Items shall be limited to a length not exceeding 28 feet, a roofline height not exceeding 10 feet, and a width not exceeding nine feet;

[3] Vehicles shall not be occupied and shall not be provided with site utilities.

L. Off-street parking. All off-street parking shall be limited to designated off-street parking spaces.

M. Historic sites and structures. The exterior design, arrangement and materials used in connection with the use, development, or repair of an historic site or structure shall be compatible with the design, arrangement, materials and other historical, architectural, and aesthetic factors giving rise to the site or structure's historical significance, including without limitation the description of the details of design for the period of architecture involved in the historic site or structure and its surrounding neighborhood.

(1) Only exterior features of the historic structure or development on historic sites shall be considered and not interior layout or arrangements.

(2) Demolition of historic structures and structures built before 1900 is prohibited, unless due to the condition of the structure or the unavailability of an alternative and suitable site it is impractical to move the structure to another site. The owner of the site shall use its best efforts to locate an alternative and suitable site within the Township to relocate the structure, including without limitation investigating the availability of public open space and public use lands and lands owned, leased or otherwise controlled by local historical societies and civic groups.

N. Each residential development of 25 or more dwelling units shall have two or more points of access. Nothing in this section shall preclude the approving board from requiring a second point of access in developments containing less than 25 residential units if the Township Engineer determines that a second point of access is required in the interest of health, safety and welfare of the public. [Added 4-23-2001 by Ord. No. 17-01; amended 12-17-2001 by Ord. No. 51-01]

The intensity of individual land uses shall be limited in the manner set forth herein and shall constitute an aspect of the use itself, the deviation from which shall require the granting of a variance pursuant to N.J.S.A. 40:55D-70d and § 250-9G(5) of this chapter.

A. Residential density. Residential land use intensity shall be limited through compliance with standards regulating lot area, density, and floor area.

(1) Minimum lot area.

(a) Except with respect to a lot or lots for detached single- or two-family dwellings which lot or lots are either an isolated undersized lot or lots resulting from a minor subdivision, each residential lot shall have the minimum area specified on the Schedule of Development Intensity Limitations set forth in Appendix D.

(b) Regardless of the densities set forth in the Schedule of Development Intensity Limitations, no residential lot shall be created with a lot area of less than 80,000 square feet unless public sewer and water are available. No residential lot smaller than 80,000 square feet shall be developed, excepted where public water and sewer are provided.

(c) The minimum lot area for duplexes (two-family) shall be increased to 15,000 square feet and its minimum frontage to 150 feet in the R-7 Zone.

(2) Residential floor area.

(a) Residential development on any lot shall not exceed the maximum floor area ratio specified on the Schedule of Development Intensity Limitations set forth in Appendix D.

(b) Every residential dwelling unit must contain at least the number of square feet listed in the schedule set forth below on the line entitled "Minimum Total Floor Area" for the particular type of dwelling unit as indicated by the number of bedrooms. Square footage is to be measured by interior dimensions of usable rooms. Figures for room sizes are inclusive of closets.

[1] Dining rooms or dining areas may be included in the required living room space.

[2] Required utility storage space need not be within the dwelling unit, provided it is within the same structure as the dwelling unit.

[3] The presence of a number on the line of a particular type of room indicates that a room of that type must be included in that type of dwelling unit.

(c) The area of any room may be as much as 15% smaller than the figure shown for that room, provided the aggregate area requirement for the total number of rooms is complied with.

[1] Access to any bedroom shall not be through any other bedroom.

[2] The minimum room sizes set forth in the above schedule do not apply to those units proposed for construction as affordable housing as provided in this chapter. The approving board may approve smaller minimum room sizes as deemed appropriate for the particular type housing units being proposed.

(3) Maximum number of dwellings. Residential development shall conform to the maximum number of dwellings per gross acre contained in the Schedule of Development Intensity Limitations set forth in Appendix D.

B. Nonresidential floor area ratios. Nonresidential development on any lot shall not exceed the maximum floor area ratio specified on the Schedule of Development Intensity Limitations set forth in Appendix D.