N.J. Admin. Code § 19:31C-3.8

Current through Register Vol. 56, No. 23, December 2, 2024

Section 19:31C-3.8 - Supplemental standards

(a) Childcare centers: Childcare centers are permitted uses as part of all non-residential or mixed-use development and shall be licensed by the New Jersey Department of Human Services. The floor area occupied in any building or structure as a child care center shall be excluded in calculating any parking requirement otherwise applicable to that number of units or amount of floor space, as appropriate, under State or local laws or regulations adopted thereunder; and the permitted density allowable for that building or structure. New buildings shall comply with parking standards contained at 19:31C-3.7.

1. Minimum drop-off area: An on-site area shall be provided separate from the parking spaces for temporary parking so students leaving vehicles have access to a sidewalk leading into the school without the child having to cross a street, parking lot, loading area, driveway or aisle.

2. Minimum recreation area: All outdoor recreation areas shall be fenced and no closer to any lot line than 20 feet. All recreation areas shall be screened from adjoining lots by massed evergreens spaced so as to provide a dense visual screen to buffer the center's activities from adjacent development. The amount of outdoor recreation area shall be based on the requirements of the New Jersey Department of Human Services.

(b) Family day care homes: Family day care homes licensed by the New Jersey Department of Human Services are permitted as an accessory use to residential uses provided that a family day care home is operating in a detached single-family dwelling; and is limited to no more than five children in addition to the children of the residents of the home.

(c) The following concern home occupation:

1. Home occupations are permitted as an accessory use to residential uses provided that:

i. The home occupation shall occupy no more than 900 square feet;

ii. The activity must be conducted in the primary dwelling unit and not conducted in a garage or other accessory structure;

iii. No employee may work at the dwelling, other than the resident(s) of the dwelling;

iv. No sign shall be visible from the exterior of the dwelling;

v. No activity shall be visible from a property line or the street; and

vi. There shall be no delivery of bulk raw materials to, or shipment of finished goods from, the site and there shall be no on-site sales or visitations by customers or clients.

(d) The following concern small wind and small solar energy systems:

1. General applicable standards are as follows:

i. The primary purpose of a small wind or small solar energy system shall be to provide power for the principal use of the property whereon said system is to be located and shall not be for the generation of power for commercial purposes, although this provision shall not be interpreted to prohibit the sale of excess power generated from a small wind or small solar system to a supplier/provider. For the purposes of this subchapter, the generation of power shall be limited to 110 percent of the average annual energy consumed for the principal use of the subject property.

ii. Small wind energy systems are permitted as an accessory use on the same lot as the principal use. Small solar energy systems are permitted as an accessory use on the same lot as the principal use. Applications for an energy system shall include information demonstrating compliance with the provisions of this section. All applications for small wind or small solar energy systems shall be subject to site plan review.

2. Small wind energy systems: Small wind energy systems are permitted as an accessory use subject to the following requirements:

i. Minimum lot size; Three acres for all residential uses; and five acres for all commercial uses;

ii. Maximum height: System height shall not exceed 125 feet, measured from the existing grade to the height of the blades at its highest point;

iii. Minimum setbacks: Wind energy systems shall be set back from all property lines a distance equal to 100 percent of the system height including the blades of the turbine at their highest point;

iv. Wind energy systems shall not be permitted in any front yard and no more than one wind energy system shall be permitted per property. Wind energy systems shall not be permitted as a rooftop installation;

v. All moving parts of the wind energy system shall be a minimum of 30 feet above ground level. Any tower shall be designed and installed so as to not provide step bolts or a ladder readily accessible to the public for a minimum height of eight feet above the ground. All guy wires or any part of the wind energy system shall be located on the same lot as the wind energy system;

vi. Noise: All applications shall comply with the provisions of N.J.A.C. 7:29; and

vii. Wind energy systems shall not be artificially lit, except to the extent required by the Federal Aviation Administration or other applicable authority. Wind turbines shall be designed with an automatic brake or other similar device to prevent over-speeding and excessive pressure on the tower structure. The blades on the wind energy system shall be constructed of a corrosive resistant material.

3. The following concern small solar energy systems:

i. The following concern rooftop solar arrays:

(1) Rooftop solar arrays for small solar energy systems are permitted as an accessory use provided the arrays shall exceed a height of 12 inches from the existing roof surface of a peaked roof and shall not exceed a height of four feet from the existing roof surface of a flat roof; and

(2) In no event shall the placement of the solar energy system result in a total building height including panels and mounting equipment, in excess of what is permitted for the use on which the subject energy system is located.

ii. Ground mounted solar arrays for small solar energy systems are permitted as an accessory use subject to the following:

(1) The following concern maximum size:

(A) No more than 10 percent of a lot may be devoted to a ground mounted solar energy system; however, in no case shall a ground mounted solar energy system exceed 2,500 square feet;

(B) Ground mounted solar energy systems shall not exceed a height of 10 feet as measured from the existing grade to the highest point of the mounting equipment and/or panel(s), whichever is higher; and

(C) Minimum setback: All ground mounted solar energy systems shall be set back a minimum of 25 feet from all property lines and shall be screened from the street and adjacent properties by evergreen landscaping to create a continuous buffer. Ground arrays shall not contribute to lot coverage calculations, unless installed above an impervious surface. Ground mounted solar energy systems shall not be permitted in any front yard.

4. Additional requirements are as follows:

i. Small wind and small energy systems shall not be used for displaying any advertising except for reasonable identification of the manufacture or operator of the system. In no case shall any identification be visible from a property line. The natural grade of the lot shall not be changed to increase the elevation of any wind turbine or solar array. Wires, cables and transmission lines running between the device and any other structure shall be installed underground. All ground mounted electrical and control equipment shall be secured to prevent unauthorized access.

ii. The design of small wind and small solar energy systems shall, to the extent reasonably possible, use materials, colors, textures, screening, and landscaping that will blend the facility into the natural setting and existing environment. The installation of a small wind and small solar energy systems shall conform to the National Electric Code as adopted by the New Jersey Department of Community Affairs. The installation of a small wind and small solar energy systems is subject to all local electric company requirements for interconnections.

5. The following concern abandonment:

i. In the event any small wind or small solar energy system is out of service for a continuous 12-month period, it shall be deemed to have been abandoned.

ii. Any abandoned small wind or small solar energy system shall be removed at the owner's sole expense within six months after the owner receives a "Notice of Abandonment" from the host municipality. If the system is not removed within six months of receipt of notice from the host municipality notifying the owner of such abandonment, the host municipality may remove the system as set forth in (d)5iii below.

iii. When an owner of a small energy system has been notified to remove same and has not done so six months after receiving said notice, then the host municipality may remove such system and place a lien upon the property for the cost of the removal. If removed by the owner, a demolition permit shall be obtained and the facility shall be removed. Upon removal, the site shall be cleaned, restored, and re-vegetated to blend with the existing surrounding vegetation at the time of abandonment.

N.J. Admin. Code § 19:31C-3.8