[Added 6-14-2004 by Ord. No. 678; amended 7-19-2004 by Ord. No. 682; 12-12-2005 by Ord. No. 710]

An equestrian facility shall be considered to be a conditional accessory use to an agricultural use in the R-261 Zone, provided that all of the following specified conditions are met:

A. No equestrian facility shall be operated on any parcel of land having less than 40 contiguous acres in single ownership within the Township (lands separated by a public road in single ownership may be considered contiguous).

B. The function and operation of an equestrian facility shall be limited to the following:

(1) The boarding, breeding, caring for, training, showing, buying, selling and brokering of horses;

(2) The training of horse riders and horse handlers;

(3) Medical care and treatment of horses which are located at the equestrian facility by reason of ownership by the owner or operator thereof or by reason of being regularly boarded thereon.

C. The number of horses six months of age or older permitted at an equestrian facility shall be strictly limited to one horse per acre for the entire non-restricted acreage of the property, provided that in no event shall the total number of horses permitted exceed the capacity of all buildings and structures to provide interior shelter for the horses. For purposes of this ordinance "non-restricted" shall mean land which is suitable for the construction of structures, pasturing and grazing and which is not constrained by slopes in excess of 25%, rock outcroppings, bodies of water, watercourses and wetlands, otherwise known as "restricted" land. Land covered by existing buildings, driveways and other structures that is not otherwise restricted shall be deemed to be non-restricted. An application for an equestrian facility shall not be approved if the total number of horses to be kept on a property for both the agricultural use and the proposed accessory equestrian facility use will exceed one horse six months of age or older per non-restricted acre of land. [Amended 7-18-2005 by Ord. No. 705]

D. All water supply and sanitary sewage disposal facilities shall be installed and maintained by the owner or operator of the equestrian facility in strict conformity with all applicable laws, ordinances and regulations.

E. As part of any application for the approval of an equestrian facility operation, the applicant shall submit a pest control and animal waste disposal plan approved by the Township Board of Health. Said plan shall be prepared by a recognized expert or governmental agency. Implementation and satisfactory maintenance of the plan shall be a requirement of continued operation of the equestrian facility.

F. The Township Committee, or its designee, shall have the authority, before and after investigation and consultation with appropriate experts and agencies, such as the Soil Conservation District or State Department of Agriculture, to prohibit grazing of horses in areas deemed by Township Committee, or its designee, to be overgrazed or overused as evidenced by substantial soil erosion and sedimentation problems.

G. All structures and parking areas shall have a minimum setback of 200 feet from any property line.

H. Barns, stables, sheds and indoor riding arenas, not to exceed a total of four buildings, shall be constructed in accordance with the requirements of all applicable state and municipal building codes. No structure shall exceed 35 feet in height. No side of any barn or stable shall have an outside dimension greater than 150 feet, and no barn or stable shall cover an area greater than 250 square feet per allowable horse, as determined pursuant to Subsection C. No shed shall have an outside dimension greater than 100 feet, and no shed shall cover an area greater than 2,400 square feet. Sheds shall be provided and used for the storage of all motorized equipment used in the operation of the equestrian facility, including motor vehicles and horse trailers; provided, however, that one item of such equipment may be stored outside a shed. No more than one indoor riding arena shall be erected upon any property, and the indoor riding arena shall not exceed 20,000 square feet of interior space. In the event that the equestrian facility operation is terminated, and the indoor riding arena is not used in connection with the agricultural use of the property, the arena shall be removed, and failure to effect removal shall constitute a violation of this section.

I. The total area coverage of impervious improvements shall not exceed 5% of the entire acreage of the property; provided, however, that in no event shall the total area coverage of buildings and structures exceed 4% of the entire acreage of the property.

J. Off-street parking shall be adequately screened from all adjacent properties as shall be determined by the Planning Board.

K. An equestrian facility shall have direct access from an arterial road.

L. Site plan approval is required for an equestrian facility.

Airports, air landing fields, heliports and takeoff and landing facilities for private or public aircraft shall be prohibited in any zone in Boonton Township.

[Amended 6-14-2004 by Ord. No. 678; 7-19-2004 by Ord. No. 682]

A. Artificial lights used or maintained to illuminate any yard in any residential zone shall be located so that the direct source of light shall not be visible from any abutting property, and, further, no illumination may result in glare beyond the lot line containing said light.

B. All outdoor lighting for an equestrian facility shall be installed in accordance with the following requirements:

(1) All lights shall be shielded and directed so that the direct source of light shall not be visible from any public road or other property.

(2) The maximum number of footcandles from any indirect light source visible from any property line shall be 0.5.

(3) Lights shall be restricted to buildings and barn areas, along driveways and where, in the discretion of the Planning Board, it is determined that safety and security considerations require their installation.

(4) No light source shall exceed a maximum of three footcandles measured 25 feet from the source.

(5) The maximum height of any freestanding light fixture shall be 16 feet.

(6) The type and location of lights shall be approved as part of the site plan approval.

(7) There shall be no lighting of any outdoor arena.

Nothing in this Part 9 shall be interpreted as prohibiting public utility distribution facilities, such as water distribution lines, sanitary sewers and telephone and electric distribution lines, along with related attendant facilities intended for local service, which utility systems are permitted in all zone districts when approved by the appropriate serving utility agency.

No building permit shall be issued for any existing lot fronting on and served by an unimproved or marginally improved street until such street has been improved in accordance with the provisions of §§ 102-49A(4) and 10249A(6).

A. Accessory uses. The following antennas are a permitted accessory use in any zone district:

(1) An antenna that is designed to receive direct broadcast satellite service (DBS), including direct-to-home satellite services;

(2) An antenna that is designed to receive video programming services via multipoint distribution services, including multichannel multipoint distribution services (MMDS), instructional television services and local multipoint distribution services provided that if such an antenna is located on a mast, the mast is 15 feet or less in height; or

(3) An antenna that is designed to receive television broadcast signals (TVBS), provided that if it is located on a mast, the mast is 15 feet or less in height.

(4) Transmission satellite dishes that are one meter or less in diameter are permitted in any zone district.

B. Antenna towers. Antennas which require installation on a mast in excess of 15 feet in height may be installed, erected and maintained as accessory uses on a lot which contains a principal structure within all land-use zones of the Township, but only in accordance with the provisions of this section. This section shall not apply to any antenna otherwise regulated pursuant to Subsection A of this § 102-162. The term "antenna" as used herein means any system of wires, poles, rods, reflecting discs or similar devices used for the transmission or reception of electromagnetic waves, which system is external to or attached to the exterior of any building. Antennas shall include devices having active elements extending in any direction and directional beam-type arrays having elements carried by and disposed from a generally horizontal boom that may be mounted upon and rotated through a vertical mast or tower interconnecting the boom and antenna support, all of which elements are deemed to be a part of the antenna. The height of an antenna shall be the total maximum to which it is capable of being raised and shall be measured from the highest point of the finished grade adjacent to the structure if ground mounted or from the peak of the roof if roofmounted. All antennas shall be subject to the following:

(1) Development standards. All antennas shall be located, designed, constructed, treated and maintained in accordance with the following standards:

(a) Antennas shall be installed and maintained in compliance with the requirements of the BOCA Basic Building Code.

(b) Residential zone districts.

[1] In all residential zone districts, roof-mounted accessory antennas of any type shall not extend higher than 15 feet above the peak of the roof.

[2] In all residential zone districts, ground-mounted accessory antennas of any type shall not extend higher than 70 feet above adjacent ground level.

(c) Other zoning districts. In the OB and BP Zone Districts, a roof-mounted antenna may be erected on the roof of a principal building, provided that the building, including the antenna, falls within the height limits established for the zone district. Ground-mounted antennas shall not exceed 70 feet in height.

(d) Antennas shall be erected or maintained to the rear of the main building, except in those instances when the subject property is a cul-de-sac or corner lot where the side yard is larger than the rear yard, in which case the antenna may be located in the side yard. Where reception from a rear yard location would be inadequate, side yard installation is permitted. Antenna towers shall not be located in any required setback area. No portion of an antenna array shall extend beyond the property lines or into any front yard area. Guy wires shall not be anchored within any front yard area but may be attached to the building. Principal use setbacks must be observed for those lots not located in a residential zone which adjoin a residential lot.

(e) Subject to Subsection B(1)(b) and (c), antennas may be roof- or ground-mounted, freestanding or supported by guy wires, buildings or other structures in compliance with the manufacturer's structural specifications. Ground-mounted antennas shall be any antenna with its base mounted directly in the ground even if such antenna is supported or attached to the wall of a building. Fixed-guyed antenna towers shall be fascia-mounted or guyed according to approved standards. Wire antennas that are not self-supporting shall be supported by objects within the property lines but not within any front yard areas.

(f) The antenna, including guy wires, supporting structures and accessory equipment, shall be located and designed so as to minimize to the greatest extent possible the visual impact on surrounding properties and from public streets. Antennas should be screened from view through the addition of anticlimb fencing and architectural features or evergreen landscaping that harmonize with the elements and characteristics of the property; provided, however, that no screening shall be required which would inhibit adequate reception. Screening by fencing or plantings may be waived if natural terrain and landscaping provide adequate screening. All fencing shall conform to the requirements of § 102-147. The five-year growth potential of any evergreen plantings to be used shall be considered when determining acceptable spacing and heights of said plantings. The materials used in constructing the antenna shall not be unnecessarily bright, shiny, garish or reflective, and all antennas shall blend with the surrounding environment.

(g) Antennas shall meet all manufacturers specifications. The mast or tower shall be of noncombustible and corrosive hardware, such as brackets, turnbuckles, clips and similar-type equipment subject to rust or corrosion, and shall be protected with a zinc or cadmium coating by either galvanizing or a sherardizing process after forming. These finishes are selected to guard against corrosion and to protect the elements against electrolytic action due to the use of adjoining dissimilar metals.

(h) No antennas, including the supporting structure, shall be located closer to a property line than the greater of the height of the antenna or the minimum side yard requirement for the building or be in excess of a height equal to the distance from the base of the structure to the nearest overhead electrical power line which serves more than one dwelling or place of business, less five feet.

(i) Every antenna must be adequately grounded for protection against a direct strike of lightning, with an adequate ground wire. Ground wires shall be of the type approved by the latest edition of the National Electrical Code for grounding masts and lightning arrestors and shall be installed in a mechanical manner, with as few bends as possible, maintaining a clearance of at least two inches from combustible materials. Lightning arrestors shall be used that are approved as safe by the Underwriters Laboratories, Inc., and both sides of the line must be adequately protected with proper arrestors to remove static charges accumulated on the line. When lead-in conductors of polyethylene ribbon-type are used, lightning arrestors must be installed in each conductor. When coaxial cable or shielded twin lead is used for lead-in, suitable protection may be provided without lightning arrestors by grounding the exterior metal sheath.

(j) All antennas, appurtenances, landscaping and screening shall be kept and maintained in good condition.

(k) Power control and signal cables to or from the antenna shall be by underground conduit.

(2) Approval of antennas.

(a) All antennas shall be subject to the review and approval of the Zoning Official. Each application shall be accompanied by a report prepared by the installer of the antenna explaining why the proposed location was selected over other locations and the reasons, with supporting data, for any requested deviation from the requirements of this section as to location or screening. When deemed necessary by the Zoning Official, the Township may consult, at the applicant's expense, with an expert in the field of antenna installations for guidance in evaluating an applicant's report when a deviation from the requirements of this section is requested. The applicant shall post a fee calculated by the Zoning Official to cover such expense, in the form of cash or a certified check, and against which such review expenses shall be charged. All sums not actually so expended shall be returned to the applicant at the time the permit is either issued or denied.

(b) A building permit shall be required.

(3) Prohibitions. No antenna or antenna structure located in the Township, regardless of when it was erected, shall be used as a sign or as a supporting structure for any sign or lettering. (4) Enforcement.

(a) All antennas shall be maintained in good condition and in accordance with all requirements of this section.

(b) All antennas shall be subject to periodic reinspection. No additions, changes or modifications shall be made to an antenna, unless the addition, change or modification is in conformity with the BOCA Basic Building Code.

Prior to the issuance of a construction permit, including a construction permit for an in-ground swimming pool or outdoor tennis courts, and prior to the disturbance of 400 to 5,000 square feet of the surface area of any lot where a construction permit is not required and prior to the construction of a driveway exceeding 100 feet in length or located within 10 feet of an adjoining property, a lot grading plan meeting the requirements of § 10249H shall be submitted to the Zoning Officer. The Zoning Officer may, at his discretion, submit the plan to the Township Engineer for his review and comments before issuing the permit. A fee as set forth in Chapter 82, Fees, shall be imposed for such a review. The requirement for a lot grading plan may be waived by the Zoning Officer, if, in his opinion, after consultation with the Township Engineer, the proposed installation or land disturbance will not present any risks or problems of soil erosion, drainage or other hazards.

Private tennis courts and similar recreational courts shall meet the following requirements:

A. Any such court shall be constructed at ground level.

B. Any such court shall be located in a rear yard area and shall not be located closer to the side or rear property line than 50% of the minimum required side or rear property line setback, respectively, for the main structure, nor shall it be located closer than 15 feet to a septic system or sanitary drainage field and in no instance closer than 10 feet to the side or rear property line.

C. Artificial lights used or maintained in connection with a private court shall be located so that no illumination will result in glare or point source visibility beyond the lot line.

D. A court may be enclosed by a fence constructed in accordance with § 102-147, which fence shall be constructed of chain link or such other fencing as may be approved by the Zoning Officer.

E. No more than one court not exceeding regulation size shall be constructed per lot.

F. An application for a permit to construct a tennis court or similar recreational court shall be made to the Zoning Officer and shall include detailed plans and specifications prepared by a licensed professional engineer or architect therefor, including details of proposed fencing and a lot grading plan. The application shall be accompanied by any fees for fencing and other construction as may otherwise by required by Chapter 82, Fees.

G. Prior to authorization of any permit for the construction of such a court, the Zoning Officer may, at his discretion, refer the lot grading plan to the Township Engineer for his review and approval. The lot grading plan shall, at a minimum, show the following.

(1) The scale shall be not less than one inch equals 30 feet.

(2) The location of the court and all appurtenant construction in relation to the property lines and buildings in the rear yard area.

(3) Existing and proposed contours at two-foot intervals in the rear yard area. Existing contours shall be shown for a distance of 25 feet beyond the property lines in the rear yard area.

(4) Existing and proposed elevations at the corners of the court surface, at the base of any filled or excavated area and along the center of swales.

(5) Proposed swales and other stormwater drainage facilities.

(6) Proposed retaining walls and other proposed measures for stabilizing slopes and filled areas, including details and specifications of same.

H. Prior to approval of the lot grading plan, the Zoning Officer or the Township Engineer, as the case may be, shall be satisfied that the means of disposal of stormwater and measures to prevent soil erosion offer adequate protection to adjoining properties.

[Added 9-24-2001 by Ord. No. 644]

Except as otherwise provided herein in this section, the provisions of this section shall apply to awnings, canopies, marquees, porte cocheres, porticos and structures serving similar purposes which are attached to or are accessory to nonresidential buildings.

A. Any such structure shall meet all minimum yard requirements for principal buildings, except that an awning may extend up to three feet into the required building setback area.

B. An awning shall be located at least eight feet above the ground below.

C. Any canopy, marquee, portico or similar structure shall have a clearance of not less than 10 feet above the ground or walkway below.

D. Any canopy, porte cochere or similar structure under which vehicles will travel shall have a clearance of not less than 15 feet above the ground or driveway below.

E. Any structure included in these regulations shall be designed as an integral part of the building it serves, providing architectural unity in design and appearance.

F. Any portico or similar walkway covering shall have a minimum width of 10 feet.

G. Any structure included in these regulations shall not extend more than 15 feet from the building it serves, except that a porte cochere may extend up to 30 feet from the building.

For all new buildings and uses and additions to existing buildings and uses and additions to existing buildings and uses, there shall be provided the minimum number of off-street parking spaces specified in Schedule F. All off-street parking facilities shall be designed and constructed in accordance with § 102-51. Off-street parking areas shall be used solely for the parking of passenger automobiles, and no commercial repair work or service of any kind shall be conducted on the parking lot, nor shall such lots be used for the parking of disabled, dismantled, inoperable or unregistered vehicles. No signs other than entrance, exit or conditions of use signs shall be maintained.

In all districts, for every building or use requiring the receipt or distribution in vehicles of materials or merchandise, there shall be maintained on the same premises with such building or use at least one off-street loading space.

A. Each loading space shall be at least 12 feet in width, 30 feet in length and have a fourteen-foot clearance above grade.

B. Such space shall be located in the side or rear yard only, but in no case in a side yard adjoining a street.

In the BP Business Park District, any building, structure or tract of land developed, constructed or used for any permitted principal or accessory use shall comply with all the performance standards set forth in this section. These performance standards shall apply unless exceeded by any state or federal standards or amendments thereto. If there is any reasonable doubt that the intended use will not conform to any subsection of the performance standards, the Planning Board shall request a deposit, for each subsection in doubt, which will be used to defray the cost of a special report by an expert consultant qualified to advise on conformance to the required standard. The amount of the deposit shall be based on a quotation from said expert consultant. Said report shall be made within 30 days of the request and copies supplied to the applicant. If any existing use or building is extended, enlarged or reconstructed, the performance standards shall apply to such extended, enlarged or reconstructed portion or portions of such use or building or structure.

A. Noise and vibration. There shall be no operational noise or vibration discernible to the human sense of hearing or feeling at the property line.

B. Smoke, fumes, gases, dust, odors and other atmospheric pollutants. There shall be no emission of smoke, fumes, gases, dust, odors or other atmospheric pollutants which exceed the limitations imposed by any local, state or federal regulations. In addition, the dissemination of smoke, fumes, gas, dust, odors or other atmospheric pollutants beyond the boundary of the lot is prohibited.

C. Glare and heat. No industrial uses shall carry on an operation which will produce heat or direct or skyreflected glare beyond the property line of the lot on which the use is located. Industrial and exterior lighting shall be used in such a manner that it produces no glare on public highways and neighboring property.

D. Fire and explosion hazards. All activities shall be carried on only in structures which conform to the standards of the BOCA Fire Prevention Code or Township Building Code or other applicable local ordinances, whichever is most restrictive. All operations shall be carried on and combustible raw materials, fuels, liquid and finished products shall be stored in accordance with the standards of said American Insurance Association.

E. Liquid and solid wastes. There shall be no discharge of any wastes other than domestic wastes into the ground nor any discharge or any wastes into surface waters or impoundments. Incineration or venting of wastes to the air is prohibited. All methods of waste and sewage disposal shall be approved, as applicable, by the Township Board of Health and the Department of Environmental Protection.

F. Radioactivity and electrical disturbance. Radioactivity shall not be emitted to exceed quantities established as safe by the United States Bureau of Standards, as amended from time to time. There shall be no electrical disturbances, except from domestic household appliances, adversely affecting the operation at any point of any equipment other than that of the creator of such disturbance.

G. Soil removal. No soil removal operations shall be permitted where soil is to be removed within four feet of the seasonal high water table. Prior to the issuance of a permit for any soil removal operation, the depth to the seasonal high water table shall be confirmed by subsurface explorations such as soil surface borings and test pits and by test borings taken at a time of the year approved by the Township Engineer.

H. Conformance to state standards. Any operation shall also comply with any applicable state standards and requirements and particularly to the New Jersey Department of Environmental Protection Administrative Code, Title 7, Chapter 27, Subchapters 3, 4, 5, 6, 7, 11, 13 and 16.

I. Enforcement of performance standards.

(1) An industry desiring to build, develop or utilize a tract or site of land must submit an application to the Planning Board in accordance with Part 3. The application shall include the following detailed information concerning the environmental effects regulated by the performance standards and certification by a registered architect or engineer for the applicant that the proposed use can meet the performance standards of this section.

(2) Procedure for enforcement for established industries shall be as follows: If a violation of the performance standards created has occurred, the Zoning Officer shall send a written notice of said violation to the owners of the property by certified mail. The owner(s) shall have 30 days to correct the violation unless, if in the opinion of the Zoning Officer, there is an imminent peril to life and property, in which case the violation shall be corrected immediately. Where determinations of violation can be made by the Zoning Officer, using equipment normally available to the Township or otherwise obtainable without extraordinary expense, such determination shall be so made before notice of said violation is issued.

(3) Where technical complexity or extraordinary expense makes it unreasonable for the Township to maintain the personnel or equipment necessary to make the determination of violation, then the Township shall call in properly qualified experts to make the determination. If expert findings indicate a violation of the performance standards, the costs of the determination shall be assessed against the properties or persons responsible for the violation, in addition to the other penalties prescribed by this chapter. If no violation is found, cost of the determination shall be paid entirely by the Township.