N.J. Admin. Code § 19:4-5.2

Current through Register Vol. 56, No. 24, December 18, 2024

Section 19:4-5.2 - General provisions

(a) The following provisions shall apply to all zones:

1. The design of all structures and other improvements shall comply with the requirements of N.J.A.C. 19:4-8.

2. In the case of a conflict between these regulations and the NJ UCC, N.J.A.C. 5:23-3.1 5 through 3.22, regarding required setbacks, the more restrictive regulation shall apply.

3. Minimum lowest floor elevations for structures within the designated 100-year flood zones shall be established one foot above the applicable 100-year base flood elevations determined by the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRMS), or as required in accordance with N.J.A.C. 19:4-9.20.

4. All wastewater standards of N.J.A.C. 19:4-7.9 shall apply.

5. Buffers shall be provided in accordance with N.J.A.C. 19:4-8.7, where applicable.

6. Wetland enhancement, restoration or creation activities and wildlife habitat creation shall be a permitted use in all zones.

7. The NJMC may publish detailed design guidelines, which shall be filed at the Offices of the NJMC, where they shall be of public record and with which development in the District is encouraged to comply.

(b) Renewable and/or sustainable energy systems, such as photovoltaic, wind energy, hydropower or geothermal system installations, and other systems determined by the Chief Engineer to be renewable and/or sustainable energy system installations, shall be subject to the following:

1. Such systems shall be permitted as principal uses in non-residential zones only and as accessory uses in all zones;

2. Such systems mounted on or in a building located in a zone allowing residential uses shall be permitted as accessory uses. All other systems in zones allowing residential uses shall require special exception approval;

3. Any structure associated with such system(s) shall comply with all bulk requirements of the zone, except that ground-mounted photovoltaic arrays installed over vehicular use areas may be permitted at a minimum setback of five feet from side and rear property lines in non-residential zones;

4. A minimum landscaped buffer of 15 feet from residential uses and residential zones shall be provided; and

5. All performance standards of N.J.A.C. 19:4-7 shall apply in accordance with the zone in which the system is located.

N.J. Admin. Code § 19:4-5.2

Amended by 51 N.J.R. 1368(a), effective 8/19/2019