[Amended 10-17-2011 by Ord. No. 1398-11; 12-17-2012 by Ord. No.
1432-12]
A.
A single-family dwelling is a permitted use on a vacant residential
lot or combination of lots if all of the following conditions are
satisfied:
(1)
The
lot(s) are existing or received preliminary subdivision approval before
the effective date of this chapter.
(2)
The
parking requirements of this chapter are met.
(3)
The
following bulk requirements are met
|
Zone
|
Lot Area
(square feet)
|
Lot Front- age
(feet)
|
Lot Width
(feet)
|
Front Set-back
(feet)
|
Rear Set-back **
(feet)
|
Side Set-back **
(feet)
|
To-tal Side
(feet)
|
Maxi-mum Per-cent Cov-er- age
|
Height
(feet)
|
|---|---|---|---|---|---|---|---|---|---|
|
TR sew-ered
|
5,000
|
50
|
50
|
20
|
20
|
5
|
15
|
50% build-ing;
70% im-perv-ious
|
35
|
|
SR and R sew-ered
|
12,000
|
75
|
75
|
30
|
30
|
10
|
25
|
35% build-ing;
60% im-perv-ious
|
35
|
|
All other resi-dent-ial zones and septic lots in TR,
SR and R
|
35,000*
|
100
|
100
|
40
|
40
|
12
|
32
|
20% build-ing;
50% im-perv-ious
|
35
|
|
NOTES:
| |
|---|---|
|
*Minimum unconstrained contiguous lot area of 15,000
is required.
**All accessory structures shall have a minimum six-foot
side and rear yard setback.
|
B.
If any existing single-family dwelling on a nonconforming lot is
destroyed or demolished, it can be rebuilt without variance, as long
as the setback requirements are met for the zone in which the lot
is located.
C.
An existing single-family dwelling on a nonconforming lot in the RC Rural Conservation Zone may be rebuilt without variance as long as it meets the parking requirements of this chapter and the bulk requirements outlined in § 250-601A(3).
Any lot with an existing single-family residential structure
existing as of the effective date of this chapter and located in any
commercial zoning district, the area or dimensions of which do not
meet the requirements of the district in which the lot is located,
but which lot has a minimum lot frontage and lot width of 100 feet,
a lot depth of 125 feet and a lot area of no less than 20,000 square
feet, may have a building permit issued without variance approval
for additions, renovations or other development pertaining to the
single-family residential use, provided that the building coverage
limit will not exceed 25% of the lot area, parking requirements are
met, and there are side yards of no less than 15 feet each, a rear
yard of no less than 30 feet and a front yard of no less than 30 feet.
A.
The lawful use of land or structures existing at the date of adoption
of this chapter, as amended, may be continued although such use or
structure does not conform to the provisions specified in this chapter,
as amended, for the zoning district in which such use or structure
is located.
B.
Any nonconforming use or structure which has been changed to a conforming
use or structure shall not be changed back again into a nonconforming
use or structure.
C.
Any nonconforming use, structure or lot may change ownership and
continue to function as the same nonconforming use, structure or lot,
provided that all other provisions of this chapter and other applicable
laws are met.
D.
No structure containing a nonconforming use shall be enlarged, extended,
constructed, reconstructed or structurally altered in any manner without
an appeal to the Board of Adjustment.
E.
A prior nonconforming structure may be enlarged, extended, constructed
or structurally altered if such alteration or enlargement neither
increases nor extends the existing nonconformity nor creates a new
violation. Additions to existing nonconforming structures must meet
all existing setbacks affected by the addition and may not extend
the existing nonconformities, e.g., an addition to an existing building
that violates the front yard setback, with the proposed addition to
the rear which meets all existing bulk requirements, is permissible.
Maximum lot and building coverage requirements must also be satisfied.
A nonconforming structure may be restored or repaired in the event
of partial destruction thereof but shall not be reconstructed if totally
destroyed without approval from the Board of Adjustment. In the event
of a catastrophic event (hurricane, tornado, flood) affecting the
entire Township and not just a single property, a nonconforming structure
may be rebuilt in the same footprint or on the lot meeting current
zoning regulations. Said building would need authorization from the
proper municipal authorities, as well as all applicable outside governmental
bodies and agencies. This subsection shall be strictly construed to
be applicable to the catastrophic event situation so as to not otherwise
contradict the requirements of the Municipal Land Use Law concerning
nonconforming structures.
F.
Any lot upon which a nonconforming use or structure is located shall
not be reduced in size, nor shall any lot already nonconforming be
made more nonconforming in any manner. No variance is required to
increase the size of a nonconforming lot.
Any permitted use for which no bulk requirements are provided
shall be evaluated at the time of site plan review for compatibility
and consistency with the bulk requirements of the predominant permitted
use in the district.
Only one principal structure and only one principal use are
permitted on a lot unless otherwise specified in this chapter.
Any deviation from size and number of signs shall require a variance, notwithstanding that the regulations are contained in Chapter 218, the Middle Township Subdivision of Land and Site Plan Review Ordinance.
Any deviation from the required number of parking spaces shall require a variance, notwithstanding that the regulations are contained in Chapter 218, the Middle Township Subdivision of Land and Site Plan Review Ordinance.
Any deviation from the required buffers shall require a variance,
notwithstanding that the regulations are contained in the Site Plan
Ordinance.[1]
A.
Purpose. In order to support and encourage the rural and agricultural
character of the community and to expand local food production and
access to food, the keeping of domestic farm animals as pets and for
food supply is permitted in accordance with the regulations below.
B.
Small domestic farm animals. The keeping of the following small domestic
farm animals for recreational purposes, or used for eggs or meat or
other food, is permitted in all residential districts. For purposes
of this section, "small domestic farm animals" means only beekeeping
and the keeping of fowl, such as chickens, ducks and geese.
[Amended 4-16-2018 by Ord. No. 1561-18]
(1)
Such animals must be completely contained on site.
(2)
The animals shall not be bred to be sold or used to generate
income in any way, except in conjunction with a farm stand.
(3)
The minimum lot area is 10,000 square feet.
(4)
For parcels 10,000 to 35,000 square feet, a maximum of five
small domestic farm animals is permitted.
(5)
For parcels 35,001 square feet to two acres, a maximum of 10
small domestic farm animals is permitted.
C.
The keeping of horses and ponies and other large farm animals for
recreational purposes shall be permitted as an accessory use in the
RC and SR Zoning Districts, provided that no more than two such animals
are kept on any single lot or parcel and that any such animals are
kept in a completely fenced area no less than 1/2 acre in size on
a parcel of not less than five acres in size.
A trailer used for construction headquarters or for the storage
of materials used during construction may be parked at a construction
site for a period not to exceed the construction period. Such trailer
need not meet the yard requirements of the district in which it is
located. No trailer shall be used as an office or any nonresidential
use except when in conjunction with a campground, mobile home park
or trailer sales business. One temporary sign, not exceeding 32 square
feet, shall be permitted to announce the erection of a building and
call attention to the prime contractor, subcontractor(s), architect,
financing institution and other firms participating in the construction.
For purposes of this chapter, “major recreational equipment”
is defined as including boats and boat trailers, travel trailers,
pickup campers or coaches designed to be mounted on automotive vehicles,
motorized dwellings, tent trailers and the like, and cases or boxes
used for transporting recreational equipment, whether occupied by
such equipment or not. No major recreational equipment shall be parked
or stored on any lot in a residential district except in a carport
or enclosed building or behind. No such storage shall be located in
any required front or side yard; provided, however, that such equipment
may be parked anywhere on residential premises for not to exceed 24
hours during loading or unloading. No such equipment shall be used
for living, sleeping or housekeeping purposes when parked or stored
on a residential lot or in any location not approved for such use.
A.
The purpose of flag lots is to permit a subdivision of large, narrow
lots for one additional dwelling.
B.
Flag lots are permitted in the RC and SR Zoning Districts only.
C.
A flag lot shall meet the applicable area and yard requirements prescribed
for the zoning district in which it is located, except for frontage.
A minimum frontage of 50 feet shall be required for the flag lot,
and the flag “pole” shall maintain a width of 50 feet
all the way to the "flag" portion of the lot. The area of the flag
lot shall be calculated by including only the "flag" portion of the
lot, and the "pole" portion of the lot shall not be included in that
calculation.
D.
The non-flag lot shall meet all requirements of the district in which
it is located.
F.
No more than one flag lot per parcel shall be permitted.
G.
Along the area of the front property line that does not abut a public
road or right-of-way, the maximum fence height shall be six feet.
A.
Height. The building height limitations of this chapter shall not
apply to spires, belfries, cupolas, antennas, water tanks, HVAC units,
chimneys, decorative architectural features and facades commonly placed
above the roof level and not intended for human occupancy or use,
including storage, or for business activity, including storage, or
for any other such use. The Planning Board or Zoning Board, when reviewing
an application before it, may reasonably limit this exception from
the calculation of building height when it is determined to be excessive
with regard to the building under review or out of character with
regard to other buildings in the area.
B.
Porches. Any roofed-over porch attached to a dwelling shall be considered
a part of the building in the determination of minimum yard requirements
but shall not be considered a part of the habitable floor area in
establishing the minimum dwelling size.
C.
Projecting architectural features. The space in any required yard
shall be open and unobstructed except for the projection of ordinary
architectural features, including windowsills, belt courses, cornices
and eaves; provided, however, that such features shall not project
more than two feet into any required yard.
D.
The maximum height within a flood hazard area is 35 feet above base
flood elevation.
[Added 5-20-2013 by Ord. No. 1446-13 and 8-5-2013 by Ord. No.
1445-13]
No person, firm or corporation shall strip, excavate or otherwise
remove topsoil, sand or gravel from the premises, except where it
can be conclusively proven that retention of the topsoil would create
a hardship. Planning Board approval is required.
Irrigational and recreational ponds are permitted if developed
in accordance with the standards of the Soil Conservation District.
A.
Ponds shall be considered an accessory use. Ponds that are at grade
with waterfalls under two feet in height and that meet setbacks require
a zoning permit from the Middle Township Zoning Board. Ponds that
exceed this shall need approvals from the Zoning Board of Adjustment.
B.
Before any pond, wall or waterfall is to be constructed, a zoning
permit must be obtained. The request for a permit must be accompanied
by a plan which shows the height, location, type and design of the
proposed pond or waterfall. In addition, the plan must illustrate
the proposed pond, wall or waterfall in relation to all buildings,
structures, lot lines and rights-of-way utilizing a survey. Walls
and waterfalls shall not exceed two feet in height.
No garbage, rubbish, refuse or other waste material or silt,
except soil, sand, gravel or rock deposited for the purpose of regrading
or landscaping the land on which it is deposited, shall be dumped,
pumped or deposited in any district, except when permitted in specific
cases by the Planning Board. In such cases, the Planning Board may
prescribe any requirements or conditions it deems necessary for the
protection of property values and the general health, safety and welfare,
including buffer strips, landscaping, fences and requirements needed
to prevent the disruption of surface drainage, the pollution of groundwater
resources, the creation of mosquito- and other insect-breeding areas,
air pollution and conditions conducive to rodents.
A.
Fences and/or walls shall be required for the specific areas listed:
(1)
A six-foot-high chain-link fence may be required around the
perimeter of all detention and retention basins. Such fence shall
contain at a minimum one entrance gate eight feet in width to provide
access for maintenance vehicles. Such fence must be located so as
to provide a minimum six-foot-wide level area around the rim of the
basin.
(2)
A six-foot-high solid fence or wall shall be used around all
commercial trash containers, with a gate in a width and location so
as to allow easy access and emptying of same.
(3)
A four-foot-high fence or wall shall be required around all
pools with a depth of 24 inches or greater.
B.
Construction standards for fences and walls.
(1)
All fences or walls must be erected within the property lines
and may not encroach upon any public right-of-way.
(2)
All supporting members of a fence or wall are to be located
on the inside of the fence; and all razor wire, cloth and canvas fences
are prohibited Permitted materials include wood, chain-link, wrought-iron,
stone, aluminum and steel.
(3)
Fences or walls which are to be painted shall be painted in
one color only, harmonious with the surrounding area.
(4)
No fence or wall shall impede the flow of natural drainage or
cause surface water to be blocked or dammed.
(5)
Before any fence or wall is to be constructed, a building permit
must be obtained. The request for a permit must be accompanied by
a plan which shows the height, location, type and design of the proposed
fence or wall. In addition, the plan must illustrate the proposed
fence or wall's relation to all buildings, structures, lot lines,
rights-of-way and yards utilizing a survey of the property or a Tax
Map.
C.
Fence/wall height restrictions. Fences or walls erected in the Township
of Middle shall not exceed six feet in height above ground level,
except as follows:
(1)
Any fences or walls located in a front yard or within 50 feet
of a river, stream, or other natural body of water shall not exceed
a height of four feet. A front yard is measured from the property
line to the corner of the principal structure.
(2)
For flag lots only, along the area of the front property line
that does not abut a public road or right-of-way, a fence height up
to six feet is permitted.
(3)
Any fences or walls located on park, recreation or school properties
may be a maximum of eight feet in height, provided that the same are
located in the side and/or rear yards.
D.
For fences on lots that front more than one street, the Zoning Officer
shall determine the maximum height of the fence facing the street
that is not the front.
No building, structure or premises may be used, altered or occupied
in a manner as to create any dangerous, injurious, noxious or otherwise
objectionable fire, explosive, radioactive or other hazard, noise
or vibration, smoke, dust, odor, or other form of air pollution, electrical
or other disturbance, glare, liquid or solid refuse or wastes, conditions
conducive to the breeding of rodents or insects, or other substance,
condition or element in any manner or amount as to adversely affect
the surrounding area.
A.
Fire and explosive hazards.
(1)
All activities and all storage of flammable and explosive material
at any location shall be provided with adequate safety devices against
the hazards of fire and explosion. Adequate fire-fighting and fire-suppression
equipment and devices, as specified by state or Township codes or
by the Fire Inspector of the Township of Middle, shall be provided.
All buildings, structures and activities within such buildings shall
conform to all applicable fire regulations.
(2)
All uses shall conform to the following procedures regarding
storage and waste disposal:
(a)
No highly flammable or explosive liquids, solids, or gases may
be stored in bulk above ground, except tanks or drums of fuel directly
connecting with energy devices or other appliances located and operated
on the same lot as the tanks or drums of fuel.
(b)
All outdoor storage facilities for fuel, raw materials, and
products and all fuel, raw materials and products stored outdoors
shall be enclosed by an approved safety fence.
(c)
No materials or wastes may be deposited upon any lot in such
form or manner that they may be transferred off the lot by natural
causes or forces, nor shall any substance which can contaminate a
stream or watercourse and render it undesirable as a source of water
supply or recreation, or which will destroy aquatic life, be allowed
to be deposited on any lot.
(d)
All materials or wastes which might cause fumes or dust or which
constitute a fire hazard or which may be edible or otherwise attractive
to rodents or insects may be stored outdoors only if enclosed in containers
which are adequate to eliminate such hazards.
B.
Radioactive or electrical disturbances. There may be no activities
which emit radioactivity at any point. There shall be no electrical
disturbance adversely affecting the operation at any point of any
equipment other than that of the creator of the disturbance.
C.
Smoke. There may be no emission at any point, from a chimney or otherwise,
for longer than five minutes in any hour, of visible gray or visible
smoke of any other color with a shade darker than No. 3 of the standard
Ringelmann Chart as issued by the United States Bureau of Mines.
D.
Smoke, ash, dust, fumes, vapor, gases, and other forms of air pollution.
There may be no emission at any point, from any chimney or otherwise,
which can cause any damage to health, animals, vegetation, the environment,
or other property or which causes any excessive soiling at any point.
Any use which produces or results in emissions of any type shall conform
to all applicable state and federal pollution-control standards.
E.
Liquid and solid wastes. There shall be no discharge at any point
into any sewerage system or stream or into the ground of any materials
in such a way or of such nature or temperature as can contaminate
or otherwise cause the emission of hazardous material, except in accord
with the standards of the New Jersey Department of Environmental Protection.
F.
Noise. No person or use may create, continue or permit the creation or continuance of any unreasonably loud, disturbing or unnecessary noise within the confines of the Township of Middle. Unreasonable, loud, disturbing and/or unnecessary noise shall be generally defined in Chapter 179 of the Code of the Township of Middle.
G.
Vibration. No use may produce unreasonable vibrations to adjacent
structures. “Unreasonable vibrations” are those that cause
structures to shake, articles to fall from tables and walls, and windows
or wall material to break or crack.
H.
Glare. No direct or sky-reflected glare, whether from floodlights
or from high-temperature processes, may be visible from adjoining
public streets or adjacent lots when viewed by a person standing on
ground level. “Unreasonable glare” would be that which
produces a strong dazzling light or reflection of such a light beyond
its lot lines.
I.
Odor. There may be no emission of odorous gases or other odorous
matter in such quantities as to be offensive on adjoining streets
or adjacent lots.
J.
Heat. No use may produce heat perceptible beyond its lot lines.
K.
Refined or unrefined petroleum products.
(1)
The following uses are specifically prohibited:
(a)
The storage of crude oil, unrefined or refined petroleum hydrocarbon
products and by-products and/or derivatives.
(b)
The installation and/or operation of any pipeline designed to
carry crude oil, refined or unrefined petroleum hydrocarbon products,
by-products and/or other derivatives.
(c)
The construction, maintenance and/or operation of any refinery
or other facility to process crude oil, refined or unrefined petroleum
hydrocarbon products and/or derivatives, including unprocessed or
unrefined natural gas.
(d)
The loading, off-loading, pumping or any other form of transfer
of crude oil, refined or unrefined petroleum hydrocarbon products,
by-products and/or derivatives, including unprocessed or unrefined
natural gas, to or from any boat, ship, tanker, barge or other floating
means or conveyance, dock, terminal, pipe, tank, vehicle or any other
facility or equipment.
(2)
Nothing in this section shall be construed to restrict the storage
or movement of necessary oil products for the following uses:
All house trailers and mobile homes shall be located within a mobile home park. Mobile home parks are subject to all rules and regulations of Chapter 175 of the Middle Township Code. Nothing herein shall be deemed to prohibit the location of a manufactured home bearing appropriate HUD certification on any residential lot in the Township of Middle.
Whenever title to two or more contiguous lots is held by the
same owner, regardless of how the lots were created and regardless
of how the lots were obtained by the owner, and one or more of said
individual lots does not conform with the minimum lot area and dimension
requirements for the zone in which it is located, the contiguous lots
of said owner shall be considered merged into a single lot. Where
the land area of such contiguous lots, when combined, meets or exceeds
the minimum required lot areas and dimensions, combination of the
contiguous lots to comply with the minimum lot size, area and dimensions
shall be permitted, provided that no nonconforming lot or lots remain.
The aforesaid merger provisions shall not apply with respect to L-shaped
lots, back-to-back lots, isolated lots, grandfathered lots, or expansion
of single-family residential uses in commercial districts governed
by this chapter.
A ramp to provide handicapped access to single-family detached
dwellings, twin or two-family dwelling units, duplexes and semidetached
dwelling units may encroach into the front, side or rear yard required
for the residential use in the zoning district in which it is located,
provided that:
A.
The intrusion shall be into the front yard only if it is impossible
to provide handicapped access to the side or rear of the residential
premises.
B.
A handicapped person resides or will reside in the dwelling.
C.
The intrusion into the front, side or rear yard shall not be allowed
any closer than five feet to the applicable property line.
D.
The applicant for handicapped access ramp approval shall demonstrate
to the Zoning Officer that there is no other way than that proposed
to construct a handicapped ramp so as not to protrude into the front,
side or rear yard as proposed.
E.
The ramp shall be constructed so as to comply with all applicable
construction standards as to size, slope and other details.
F.
The foregoing approval shall only be permitted in conjunction with
residential housing, defined in this chapter as single-family detached,
twin or two-family, duplex, or semidetached. No such approval shall
be granted in connection with any other type of housing, and no such
approval shall be granted in any case with regard to commercially
used property.
G.
A certification from the Zoning Officer shall be required indicating
compliance with all the aforesaid requirements before a construction
permit may be issued for the proposed ramp.
A.
The minimum separation distance between principal and accessory structures
shall be 10 feet for all lots in all zoning districts in the Township
of Middle.
B.
Decks, patios, terraces, open porches and similar uses shall be considered
to be part of the principal structure rather than an accessory structure.
A.
Open space shall be provided in every planned development and/or
clustered development in an amount as required by this chapter. The
common open space shall be easily accessible from all parts of the
development and shall include, at a minimum, all floodplain and wetlands
areas. The following minimum area open space requirements shall be
met by all major residential developments within the Township. Such
open space areas shall be developed with appropriate active recreational
facilities sufficient to meet the needs of the residents of the proposed
development. Recreational facilities shall be determined by the Planning
Board or Zoning Board as part of the development review.
|
Dwelling Units in Development
|
Minimum Open Space Required
(acres)
| |
|---|---|---|
|
20 or fewer
|
3
| |
|
40
|
5
| |
|
80
|
8
| |
|
120
|
10
| |
|
120 and above
|
15
|
B.
Common open space shall be dedicated to public ownership or be ownership-restricted
by an open space easement or by private deed restrictions running
in favor of the residents of the development and/or the Township.
C.
Every parcel offered to and accepted by the Township shall be conveyed
by deed at the time final plat approval is granted, and such acceptance
is subject to any conditions the Township may impose. The deeds shall
contain restrictions stating to what use(s) such land(s) shall be
restricted.
D.
Any land offered to the Township shall be subject to approval by
the Township Committee after review and recommendation by the approving
authority. The approving authority shall be guided by the Master Plan,
the ability to assemble and relate such lands to an overall plan,
the accessibility and potential utility of such lands and such existing
features as may enhance or detract from the intended use of the lands.
The approving authority may request an opinion from other agencies
or individuals as to the advisability of accepting any lands to be
offered.
E.
If common open space is not accepted and dedicated to public ownership,
responsibility for maintaining common open space shall lie with the
development's homeowners' association or other similar entity. No
planned and/or cluster development shall receive preliminary approval
unless the applicant presents an adequate plan for the organization
and administration of such an association. Such plan shall ensure
that the homeowners' association or other entity responsible for the
maintenance of common open space shall provide adequate funding for
the maintenance, repair and replacement of such open space and its
structures by a system of fees assessed against residents of the development.
The financial soundness of such homeowners' association or other entity
shall include fee arrangements guaranteed by assessments levied on
the land in the development through permanent deed restrictions or
other suitable guaranties. No planned and/or clustered development
shall receive final approval by the Township until all elements of
the homeowners' association have been satisfactorily reviewed and
approved by the Planing Board and the Department of Community Affairs.
F.
Any lands dedicated for open space purposes shall contain appropriate
covenants and deed restrictions approved by the Planning Board which
ensure that:
G.
All common open space lands shall meet the following requirements:
(1)
The minimum size of any parcel in a clustered development shall
be one acre.
(2)
It shall be an integral part of the development and shall be
located to best suit the purpose(s) for which it is intended.
(3)
Where feasible, the common open space shall connect into existing
Township park, recreation or conservation lands or connect into an
adjacent planned development's common open space. Public pedestrian
and/or bicycle paths shall be included in the open space whenever
feasible and shall be designed to connect into a larger-scale Township
system if applicable or feasible.
(4)
There should be a close visual and physical relationship between
the open space and as many dwelling units as is reasonably possible.
Open space areas should weave between dwelling units, generally respecting
a minimum width of 50 feet and periodically widening out into significant
and usable recreation areas.
(5)
Land so dedicated for open space shall include, wherever feasible,
natural features such as streams, wetlands, brooks, wooded areas,
steep slopes and other natural features of environmental, scenic and
conservation value. The developer may be required to plant trees or
make other similar landscaping improvements.
(6)
No parcel of open space, other than wetlands buffer areas, shall
have a dimension of less than 150 feet, measured perpendicular to
any lot line for a parallel distance greater than 300 feet; or less
than 50 feet for a distance greater than 100 feet.
H.
All lands set aside for open space shall be developed with active
and passive recreational facilities to service the needs of the future
resident population. The Planning Board shall have complete and final
determination as to the adequacy, usefulness and functionalism of
the lands set aside for open spaces. Active and passive recreational
facilities shall include but not be limited to the following: ballfields,
multipurpose fields, tennis courts, multipurpose court areas, children's
playground equipment, passive picnic or sitting areas, swimming pools,
bicycle paths and jogging trails.
I.
The Board may require a developer to make certain site preparation
improvements to the open spaces. The Board may provide that the site
preparation improvements are made a part of the plan and are noted
therein. Same may include the following:
J.
Development of open space and recreational facilities shall proceed
at the same rate as development of the dwelling units. To assure compliance
with this section, the Planning Board shall require the approval of
an open space and recreational amenity phasing map, which shall become
part of an overall phasing plan and approval for any subdivision,
planned and/or clustered development.
K.
The requirements of this section relating to the construction of
active and passive recreation facilities and the total percentage
of open space required within a development may be modified and/or
waived by the Planning Board, if requested by the developer, upon
the Planning Board's determination that both the area local to the
development and the park and recreation needs would be better served
by an agreed cash bequest to the designated parks and recreation budget,
which sums shall be added to the current year's municipal budget when
received as a dedication by rider, in accordance with the provisions
of N.J.S.A. 40A:4-39.
L.
The amount of the contribution required pursuant hereto shall be
determined by the estimated cost of the passive and active recreation
facilities and equipment that would otherwise be required for the
proposed development, which shall also take into consideration the
value of the additional lots that the developer will have for sale,
and shall be prorated over the total number of building lots, as shown
on the preliminary plans submitted by the applicant and approved by
the Planning Board, in order to determine a per-lot amount.
M.
Payment of the contribution required pursuant hereto shall be made
prior to the signing of the final plans by the Planning Board Chairman,
Planning Board Secretary and Township Clerk and shall be equal to
the per-lot amount times the number of building lots shown on the
final plans to be signed and filed and shall be made payable to the
designated parks and recreation fund. For good cause shown, the Planning
Board may enter into an agreement to provide that the payment or payments
shall be made at some later time, subject to the posting of adequate
performance guaranties in an amount of 120% of the agreed contribution;
subject, however, that the delayed period of time shall in no event
be later than the issuance of the first certificate of occupancy.
N.
The cash bequest shall be used exclusively for park and recreation
purposes and shall be placed in the current budget line item designated
"parks and playgrounds, other expenses."
[Amended 10-17-2011 by Ord. No. 1398-11]
A.
Purpose. To encourage land owners to conserve, preserve, and protect
open space, farmland, and the sensitive environmental features of
the Township, particularly those located in the environs, by creating
a mechanism to move development from the environs to the centers through
planned development which offers flexibility in the density, intensity
of land uses, and design and type of development.
B.
NONCONTIGUOUS PARCEL CLUSTERING OR NPC
Definition.
A development technique that allows one or more parcel to
be preserved partially or entirely for farming, recreation or open
space while its development rights are used on a noncontiguous parcel.
C.
Applicability. NPC requires that a parcel(s) located in the RC Rural
Conservation Zone be partially or entirely permanently deed-restricted
from further development, and that development rights that had existed
on that land located in the RC Rural Conservation Zone be used instead
on a contiguous or noncontiguous parcel(s) in the RC Rural Conservation
Zone, TR Town Residential Zone, R Residential Zone, TC Town Center
Zone, and/or the HV Hildreth Village Zone pursuant to a planned development
in accordance with the regulations in this section and district regulations.
D.
Minimum lot area requirements, and maximum densities permitted under
NPC:
|
Type
|
RC Rural Conser- vation
|
R Resi- dential
|
TC Town Center
|
TR Town Resi- dential and HV Hildreth Village
|
|---|---|---|---|---|
|
Minimum lot area
|
10 acres combined
|
10 acres combined
|
10 acres combined
|
10 acres combined
|
|
5 acres in R
|
5 acres in TC
|
2 acres in TR or
| ||
|
1 acre in RC
|
1 acre in RC
|
HV
| ||
|
1 acre in RC
| ||||
|
Maximum density
|
One dwelling unit/acre
|
6 dwelling units/acre
|
8 dwelling units/acre
|
8 dwelling units/acre
|
E.
NPC is not permitted in the Cape May Court House Overlay Zone
F.
Requirements of NPC program. The applicant/developer must comply
with each and all of the following requirements:
(1)
Establish unconstrained land area on parcel(s) in the RC Rural
Conservation Zone by providing a map that shows the unconstrained
lands on the parcel(s) and provide a NJDEP letter of interpretation
to establish the unconstrained lands on the parcel(s).
(2)
A minimum of one acre of contiguous unconstrained lot area shall
be required within the RC Rural Conservation District to ensure that
lands to be preserved are adequately sized to have open space value.
(3)
For each acre of unconstrained land that is preserved in the
RC Rural Conservation Zone, one dwelling unit may be developed on
the Center (RC, HV, R, TC, or TR) parcel in addition to the number
of dwelling units permitted to be developed on the Center parcel subject
to the density limitations on the Center parcel.
(4)
If the RC Rural Conservation parcel intended to be partially
preserved is improved with a single-family residential dwelling, there
must remain at least 3.5 acres of contiguous, unconstrained, and unrestricted
land on the parcel. For instance, if a parcel is developed with a
single-family residential dwelling and has 6.5 acres of unconstrained
land, the 3.5 acres of unconstrained land surrounding the dwelling
shall remain, leaving three acres available to be used in NPC.
(5)
Acres to be used in NPC must be complete acres; there is no
rounding up.
(6)
Lands within the RC Rural Conservation Zone that are approved
for NPC shall be permanently encumbered from any development by a
deed restriction in favor of the Township of Middle in a form acceptable
to the Municipal Solicitor and recorded with the County Clerk. Nothing
shall restrict the Township of Middle from conveying or assigning
the deed restriction to other public entities or conservation groups.
Any such lands within the RC Rural Conservation Zone to be used for
NPC shall not be preserved already pursuant to any other deed restrictions
or ownership by a public entity or conservation group.
(7)
NPC must be part of a planned development as defined in N.J.S.A.
40:55D-65(c).
(8)
All parcels involved in NPC must be in common ownership at the
time the deed restriction is recorded.
G.
The following lands shall be considered as priority lands for NPC:
(1)
Lands adjacent to public open space.
(2)
Lands adjacent to lands identified for federal acquisition as
part of the Cape May National Wildlife Refuge.
(3)
Lands within an NJDEP natural heritage priority site.
(4)
Lands within Cape May County open space priority acquisition
areas.
(5)
Lands adjacent to preserved farmland.
(6)
Lands within Rank A or B groundwater recharge areas.
(7)
Lands within defined wellhead protection areas.
(8)
Lands containing threatened and endangered species habitats.
(9)
Lands that are forested with at least 50% canopy cover.
(10)
Hazard-prone areas as identified by state and federal regulatory
agencies and in the Middle Township hazard mitigation plan.
A.
Purpose: to provide a method of developing land in the Township so
that desirable open spaces, conservation areas, floodplains, recreation
areas, agricultural areas, and other environmentally sensitive lands
can be preserved.
B.
OPEN SPACE CLUSTERING or OSC
Definition.
The grouping of residential units on a site to preserve a
large portion of land as open space, recreation or agriculture.
C.
Applicability. OSC is permitted on parcels in the RC Rural Conservation
District with a minimum lot area of 10 acres.
D.
Lot area reduction. Clustered parcels may be reduced from 3.5 acres
to a minimum of one acre.
E.
Density bonus. Developments that utilize OSC can increase the permitted
density by 20%.
F.
Requirements.
(1)
Density to be clustered shall be based upon one dwelling unit
per one acre of unconstrained land. Fractions of lots may be considered
in the calculation; however, the lot density shall only be rounded
downward to establish the ultimate lot density for the cluster.
(2)
To determine the underlying lot yield, a conventional sketch
plat should be required as part of the application submission for
subdivision approval. Standards for minimum contiguous unconstrained
lot area shall be established for each residential lot to ensure that
there is adequate buildable area to accommodate the dwelling, well
and septic areas, and other associated improvements.
(3)
The preserved land may include recreational facilities, such
as play equipment for children, ballfields, court games and picnic
tables.
(4)
Bulk requirements of the developed lots shall follow the SR
Suburban Residential District regulations for single-family dwellings.
(5)
Open space to be created by the development shall be suitable
for passive or active recreation uses and/or valuable for the protection
of the natural environment and/or necessary for public purposes. Developers
have the option of offering the open space lot(s) for dedication to
a public entity (such as the Township of Middle, Cape May County,
or State and/or Federal Government) or nonprofit land conservation
entity. If the lands are not considered suitable for dedication by
these governmental entities, the open space shall be encumbered by
a permanent deed restriction and designated as a separate lot under
the subdivision's homeowners' association, or alternatively the property
may be incorporated into one residential lot with a permanent deed
restriction prohibiting any further subdivision.
(6)
The open space to be created by the development shall comply
with the open space requirements of this chapter.
A.
Purpose: to limit density and height to protect the character of
the historic area of Cape May Court House.
B.
Applicability: 98 acres in the core of Cape May Court House, as identified
in the Township Master Plan and reflected on the Zoning Map.
C.
The maximum building height shall be 35 feet.
D.
Townhouse and multifamily residential uses shall be prohibited.
E.
Noncontiguous parcel clustering is prohibited.
A.
Purpose: to protect the water quality of the watersheds within the
Township and to comply with the established standards for wastewater
management plans in the State of New Jersey. Specifically, the state
requires that municipalities adopt ordinances that address the carrying
capacity of land.
B.
Background.
(1)
The quality and quantity of groundwater available directly affects
the health and welfare of the population because groundwater is the
primary source of potable water for a significant number of Township
residents.
(2)
Contamination of groundwater by nitrates introduced by on-site
disposal systems (i.e., septic systems) can result in a high concentration
of nitrates.
(3)
Fertilization contributes to nitrate groundwater contamination.
(4)
Additional pollutants, such as chemicals, pesticides and animal
waste, can be introduced into the groundwater.
(5)
Rainwater penetration of the aquifer is necessary to dilute
groundwater contamination.
(6)
The New Jersey Department of Environmental Protection and the
Pinelands Commission promote and promulgate the use of nitrate dilution
models for land use purposes.
(7)
It is desirable and necessary to regulate development, processes
and activities that threaten Middle Township's groundwater.
(8)
The Nitrate Dilution Ordinance provides for a limitation on
the nitrate loading based on the available dilution of each lot being
subdivided that proposes the use of an on-site subsurface sewage disposal
system.
C.
Applicability. Lands that are being considered for subdivision within
the Cape May Bays and Tributaries East Overlay Zone, as identified
in the Township Master Plan and reflected on the Zoning Map, will
require that the Planning and/or Zoning Board apply the site-specific
nitrate dilution model to the proposed subdivision.
(1)
This section is not intended to regulate the development of
existing individual lots.
(2)
Further, this section is not intended to modify the underlying
zoning area requirements for individual lots; rather it is required
to address the standards established by the NJDEP for wastewater management.
This zone shall be considered an overlay to the existing underlying
zone.
D.
The proposed on-site sewage disposal systems would continue to be
required to be designed in accordance with Standards for Individual
Subsurface Sewage Disposal Systems (N.J.A.C. 7:9A, Chapter 199) and
continue to be under the jurisdiction of the Cape May County Health
Department and NJDEP, where applicable.
E.
Nitrate dilution model.
(1)
A nitrate dilution model and analysis shall be provided as part
of subdivision approval applications requiring septic systems to ensure
that the number of units allowed, regardless of underlying zoning,
support conformance with the groundwater standards when considering
the available dilution on site. The goal of the analysis is to meet
antidegradation for groundwater for 2.0 mg/l.
(2)
If the designated minimum lot area for the zone cannot meet
the standards established for septic disposal systems pursuant to
N.J.A.C. 7:9A, then the minimum lot area shall be adjusted to a larger
size and configuration as is necessary in order to meet said standards.
(3)
The nitrate dilution analysis shall utilize NJDEP's Recharge-Based
Nitrate-Dilution Model for New Jersey, V.6.0 (Hoffman, J.L. and Canace,
R.J., 2004, A Recharge-Based Nitrate Dilution Model for New Jersey:
N.J. Geological Survey Open-File Report 04-1, 27), as supplemented
or amended, for residential subdivisions, and the Recharge-Based Nitrate-Dilution
Model for Small Commercial Establishments in NJ, V.2, as supplemented
or amended, for commercial/institutional subdivisions, or another
method that has received approval from the NJDEP.
F.
Requirements.
(1)
Any proposed subdivision to be served by individual on-site
disposal systems (septic) within the Cape May Bays and Tributaries
East Overlay Zone must meet the groundwater standard for nitrate (2
mg/l).
(2)
The design of the system and its discharge point, and the size
of the entire contiguous parcel on which the system or systems are
located, will ensure that groundwater exiting from the entire contiguous
parcel or entering a surface body of water will not exceed 2.0 parts
per million nitrate/nitrogen, calculated pursuant to a Recharge-Based
Nitrate-Dilution Model for New Jersey, V.6.0, as may be amended by
the NJDEP from time to time. The entire contiguous parcel may include
any contiguous lands to be dedicated as open space as part of the
proposed development but may not include previously dedicated road
rights-of-way. Any contiguous parcel under consideration must be deed-restricted
to prohibit any further development that would generate additional
nitrate loading.
(3)
Approval of all individual subsurface sewage disposal systems
under N.J.A.C. 7:9A remains under the jurisdiction of the appropriate
County Health Department and/or NJDEP.
G.
Administration. The administration of the requirements of this section
must be handled by a combination of individuals. The Planning Board
shall be responsible to track the number of systems and their acreages
for compliance with the results of the individual model.
(1)
Application procedure – Planning Board. Whenever an application
is submitted to the Planning Board for subdivision review and the
proposed method of sewage disposal is an individual on-site system,
the applicant shall submit an approval from the NJDEP that each system
meets the requirements for nitrate dilution. This application shall
include the proposed use and the number of residential units No application
shall be deemed complete by the Planning Board unless an approval
from the NJDEP is received.
A.
Purpose:
(1)
To promote the safe, effective and efficient use of small-scale
wind, solar and other renewable energy systems to reduce the on-site
consumption of utility-supplied electricity.
(2)
To recognize the designation of "inherently beneficial use"
of wind and solar renewable energy systems by the New Jersey Municipal
Land Use Law[1] by allowing these facilities in all zones as an accessory
use, in accordance with the regulations below.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
B.
RENEWABLE ENERGY SYSTEM
Definition.
Any structure or installation, such as a wind turbine, solar
collecting array, or geothermal system, which is designed and intended
to produce energy from natural forces, such as wind, sunlight or geothermal
heat.
C.
Renewable energy systems are permitted as an accessory use in all
zones and shall meet the following requirements:
(1)
The primary purpose of the renewable energy system will be to
provide power for the principal use of the property. The system shall
be sized to accommodate no more than the average annual electric use
for the property or, in the case of new construction, the projected
annual electrical use for the property.
(2)
Structures shall not be located in a front yard or side yard.
(3)
The minimum separation distance required between any structures
associated with the renewable energy system and any other structures
or buildings on site is 10 feet.
(4)
Roof-mounted wind turbines are not permitted.
(5)
All utility lines associated with the renewable energy system
shall be underground.
(6)
Wherever practical and possible, renewable energy structures
shall be located on a property so as to not be visible from the street.
D.
Additional regulations for solar energy systems.
[Amended 10-17-2011 by Ord. No. 1398-11]
(1)
For a roof-mounted photovoltaic solar system, the panels and
all accessory equipment shall extend no more than 12 inches above
the highest point of the roof surface or structure. On flat roofs
on nonresidential structures, panels may extend higher than 12 inches.
If panels extended higher than 12 inches, a minimum of 20 feet is
required from the outside edges of the building to the solar panels.
The maximum height of roof mounted solar panels on a nonresidential
building is eight feet above the roof.
(2)
For ground-mounted solar energy systems, setbacks shall be in
conformance with setbacks required for principal use; height for all
related structures is limited to 15 feet above natural grade for residential
use properties, and 20 feet above natural grade for nonresidential
properties.
(3)
The maximum lot area that can be covered by ground-mounted solar
energy systems for systems associated with residential development
is 20%. For nonresidential development, there is no maximum limit
on the area that can be covered by ground-mounted solar energy systems
as the system size is limited to what will be used on site. The panels
shall not be counted towards maximum impervious coverage.
E.
Additional regulations for wind energy systems.
(1)
ROTOR DIAMETER
SMALL WIND ENERGY SYSTEM
TOTAL HEIGHT
TOWER
WIND ENERGY SYSTEM
WIND GENERATOR
Definitions.
The cross-sectional dimension of the circle swept by the
rotating blades of a wind-powered energy generator.
A wind energy system, as defined in this section, that is
used to generate electricity and has a rated nameplate capacity of
100 kilowatts or less.
In relation to a wind energy system, the vertical distance
from existing grade to the tip of a wind generator blade when the
tip is at its highest point.
A monopole, freestanding, or guyed structure that supports
a wind generator.
A wind generator and all associated equipment, including
any base, blade, foundation, nacelle, rotor, tower, transformer, vane,
wire, inverter, batteries or other component necessary to fully utilize
the wind generator.
Equipment that converts energy from the wind into electricity.
This term includes the rotor, blades and associated mechanical and
electrical conversion components necessary to generate, store and/or
transfer energy.
(2)
Access. All ground-mounted electrical and control equipment
shall be labeled and secured to prevent unauthorized access. The tower
shall be designed and installed so as not to provide step bolts, a
ladder, or other publicly accessible means of climbing the tower,
for a minimum height of eight feet above the ground.
(3)
Lighting. A small wind energy system shall not be artificially
lighted unless such lighting is required by the Federal Aviation Administration.
(4)
Appearance, color, and finish. The wind generator and the tower
shall remain painted or finished in the color or finish that was originally
applied by the manufacturer, unless a different color of finish is
approved in the zoning approval.
(5)
Signs. There shall be no signs that are visible from any public
road posted on a small wind generator system or any associated building,
except for the manufacturer's or installer's identification, appropriate
warning signs, or owner identification.
(6)
The minimum lot size required to install a wind energy system
is one acre.
(7)
Utility notification and interconnection. Small wind energy
systems that connect to the electric utility shall comply with the
New Jersey's Net Metering and Interconnection Standards for Class
I Renewable Energy Systems at N.J.A.C. 14:4-9.
(8)
Met towers. A met tower shall be permitted under the same standards,
permit requirements, restoration requirements and permit procedures
as a small wind energy system.
(9)
Setbacks. All wind turbines shall be set back from rear and
side property lines a minimum of 50 feet. All wind turbines shall
be set back from any off-site residential structure the distance equal
to the total height of the wind turbine. Setbacks shall be measured
to the tip of the blade at its furthest extent.
(10)
Height. Towers should be the minimum height needed for proper
function of the turbine considering site conditions. The industry
standard is a minimum of 30 feet above obstacles within a five-hundred-foot
radius or the prevailing mature tree line (whichever is higher), for
the proper function of the turbine, or at least 60 feet on open ground
or higher if recommended by the manufacturer. In no case shall the
system height exceed 170 feet.
F.
Permit requirements.
(1)
Permit. A zoning permit and construction permit shall be required
for the installation of a renewable energy system.
(2)
Documents. Except for roof-mounted solar applications, the zoning
permit application shall be accompanied by a plot plan which includes
the following:
(a)
Property lines and physical dimensions of the property.
(b)
The location, dimensions, and types of existing major structures
on the property.
(c)
In the case of a turbine whose height is greater than any setback,
provide the distance of the furthest extent of the turbine to any
adjacent residential structures.
(d)
The location of the all components of the renewable energy system.
(e)
The right-of-way of any public road that is contiguous with
the property.
(f)
Any overhead utility lines.
(g)
Energy system specifications, including manufacturer and model,
rotor diameter, tower height, and tower type (freestanding or guyed).
(h)
A copy of the application to the local electric utility for
interconnection.
(3)
Expiration. A permit issued pursuant to this section shall expire
if the renewable energy system is not installed and functioning within
24 months from the date the permit is issued or the renewable energy
system is out-of-service or otherwise unused for a continuous eighteen-month
period.
G.
Abandonment.
(1)
A renewable energy system that is out-of-service for a continuous
eighteen-month period will be deemed to have been abandoned.
(2)
The Administrator may issue a notice of abandonment to the owner
of a renewable energy system that is deemed to have been abandoned.
The notice shall be sent return receipt requested.
(3)
The owner shall have the right to respond to the notice of abandonment
within 30 days from the notice receipt date.
(4)
If the owner provides information that demonstrates the renewable
energy system has not been abandoned, the Administrator shall withdraw
the notice of abandonment and notify the owner that the notice has
been withdrawn.
(5)
If the Administrator determines that the renewable energy system
has been abandoned, the owner of the small wind energy system shall
remove the wind generator from the tower at the owner's sole expense
within six months after the owner receives the notice of abandonment.
A.
Purpose. Sidewalk cafes contribute to the goals of a vibrant and
interesting commercial district. The purpose of these rules and regulations
is to allow sidewalk cafes in a way that contributes to the goals
of the commercial district and the Township and maintains safe and
orderly conditions for pedestrians and patrons.
B.
SIDEWALK CAFE
Definition.
A restaurant with tables on the sidewalk in front of or on
the side of the premises.
C.
Permitted zones. Sidewalk cafes are permitted in all zones where
restaurants are a permitted use.
D.
The hours of operation of a sidewalk cafe shall be limited to the
hours of operation of the associated restaurant. In no event shall
the hours of operation go past 12:00 midnight.
E.
Outdoor dining is separate from sidewalk cafe, as it is defined as
any part of a food establishment located outdoors.
F.
Sidewalk cafe standards.
(1)
No furniture, apparatus, decoration or appurtenance used in
connection with the operation of the sidewalk cafe shall be located
in such a way that less than five feet of paved sidewalk remains for
the exclusive use of pedestrians, nor shall any such furniture, apparatus,
decoration or appurtenance project or protrude into, on or above the
required five-foot-wide pedestrian passageway.
(2)
No signs are permitted in the public right-of-way.
(3)
Adequate lighting shall be provided to promote safe passage
of pedestrians and for patrons.
(4)
Awnings and/or umbrellas may be used in conjunction with the
sidewalk cafe. Awnings shall be adequately secured. Awnings, including
supporting structures, must be within the property line. The bottom
of the awing shall be seven feet from the ground.
(5)
Any sidewalk cafe that is next to a residential district must
meet the setbacks for the principal use or be a minimum of 10 feet
from the shared property line, whichever is greater.
A.
The maximum height above grade for an accessory structure shall be
20 feet.
B.
No accessory building shall be located in a front yard, except farm
stands.
C.
When an accessory structure is attached to the principal building,
it must comply with the principal building's zoning requirements.
D.
Accessory structures are included as building coverage.
E.
Accessory structures shall not be larger than the footprint of the
principal structure, excluding decks.
Deviation from any design standard requires a zoning variance.
Design guidelines are not requirements, and deviation does not require
a variance or waiver; however, every effort should be made by the
applicant to implement the guidelines into his/her/its development.
A.
A minimum roof pitch of 5:12 is required for all residential buildings.
Mixed-use buildings are permitted to have a flat roof; however, if
a pitch roof is used, a slope of 5:12 must be provided.
A.
All townhouse dwelling unit buildings should be arranged into clusters.
The maximum number of units per cluster is eight.
B.
All buildings shall be located at least 15 feet from any common parking
area or driveway.
C.
The minimum distance between residential buildings shall be 50 feet.
D.
Building spacing for nonresidential structures, such as a community
building, etc., shall be no closer than 50 feet to any residential
structure.
E.
Building facades shall be offset a minimum of four feet after every
two dwelling units.
F.
Adequate facilities for disposal of refuse shall be provided, and all refuse disposal units shall be screened from view and designed in accordance with § 218-85 of the Middle Township Subdivision of Land and Site Plan Review Ordinance. In addition, all refuse disposal areas shall be landscaped in accordance with § 218-81 of the Middle Township Subdivision of Land and Site Plan Review Ordinance.[1]
G.
Site design shall provide for pedestrian, bicycle and vehicular linkages
between tracts as needed to achieve an interior road and walkway system
that will permit passage among housing clusters.
H.
All utility lines, including telephone and electric transmission
service, shall be installed underground. Fire hydrants shall be installed
by the developer as recommended by the Township Engineer and Fire
Chief.
I.
Parking. On-site parking facilities shall be provided for residential units in accordance with the parking standards as set forth in § 218-77 of the Middle Township Subdivision of Land and Site Plan Review Ordinance.[2] All parking facilities shall be on the same site as the
building and located within 150 feet of the nearest entrance of the
building they are intended to serve. Parking spaces shall be provided
in areas designed specifically for parking, and there shall be no
designated parking spaces along interior streets. The total area devoted
to parking shall not exceed 20% of the tract, and the total aggregate
area devoted to both parking and interior streets shall not exceed
30% of the tract.
J.
Landscaping. The minimum landscape buffer shall be 25 feet in depth along all property lines. All planning developments are required to submit a detailed landscaping plan pursuant to § 218-81 of the Middle Township Subdivision of Land and Site Plan Review Ordinance.[3] All landscape requirements as set forth in the ordinance
regarding parking areas, interior roadways, screening, shade trees,
plant materials, topsoil and seeding and planting methods shall be
adhered to in the design of a planned development. Landscaping shall
be provided which will enhance the visual appearance of the site and
which incorporates appropriate architectural, engineering and aesthetic
uses. All reasonable efforts shall be made to preserve as much of
the existing vegetation as possible.
K.
L.
Open space requirements. Open space shall be designed as an integral
part of all planned unit residential projects and shall provide a
range of opportunities for active and passive recreation as well as
protect and preserve the natural environment.
(1)
All developments shall have a minimum of 10% of the gross tract
acreage reserved as common open space. Streets, roadways, parking
and other improved areas shall not be considered open space. No floodplain,
wetland or critical environmental land can be used to fulfill this
requirement. Common open space shall be developed with active and
passive recreational facilities to serve the needs of the residents,
including but not limited to multipurpose fields and court areas,
playground equipment, swimming pools, bicycle paths and jogging trails,
plazas, passive picnic or sitting areas, etc.
(2)
Dwelling unit structures shall be arranged and designed so that
a maximum number of dwelling units front directly on the common open
space.
M.
N.
All streets, both internal and external (including grading and paving),
driveways, parking areas, sidewalks, curbs, gutters, streetlighting,
shade trees, water mains, water systems, culverts, storm sewers, sanitary
sewers, pumping stations, drainage structures and such other improvements
as may be found to be necessary for the health, safety and welfare
of the public and in the public interest, including recreational facilities,
shall be installed at the expense of the developer and shall be completed
to the satisfaction of the Township Engineer before a certificate
of occupancy may be issued. In lieu of total completion of landscaping
improvements only, an adequate performance guaranty posted in accordance
with the provisions of this chapter may be accepted for a period of
no more than one year, during which such landscaping improvements
shall be completed or the guaranty will be forfeited. All utility
lines shall be installed underground.
A.
Architectural design.
(1)
A townhouse development project shall provide, to the maximum
extent practicable, individual dwelling unit design which includes
varying unit width, staggering unit setbacks, different exterior materials,
varying roof designs and altering building heights.
(2)
Each dwelling unit and combined complex of dwelling units shall
have a compatible architectural theme that is consistent within each
cluster. The design shall take into consideration the relationship
of buildings to the site and to other structures, as well as orientation
to the sun so that solar energy may be utilized.
A.
Setbacks shall apply to any displays or equipment, and exterior storage
of materials used for commercial sales, unless specifically noted
on approved site plans or permitted by license.
B.
All business shall be conducted within an enclosed building, except
that the outdoor display of certain items customarily displayed outside
of an enclosed building, including automobiles, boats, trailers, mobile
homes, flowers and nursery stock, gardening supplies and equipment,
farm produce, outdoor furniture and accessories and playground equipment,
may be permitted. All outdoor display areas should be specifically
shown on the approved site plan. No other merchandise, products or
similar materials or objects shall be displayed or stored outside
unless appropriately screened and maintained.
C.
The principal building may contain more than one use, provided that
the total building coverage of the combined uses does not exceed the
maximum building coverage specified for the district and, further,
that each use occupies a minimum gross floor area of 500 square feet.
D.
At least the first 10 feet adjacent to any street line and 10 feet
adjacent to any lot line shall not be used for parking or driveway
areas and shall be planted and maintained in lawn area or ground cover
or landscaped with evergreen shrubbery and separated from the parking
area by poured concrete curbing.
E.
Any use resulting in the storage of vehicles outside shall have such
area entirely enclosed by a fence, wall, plant material or combination
thereof in order to provide a visual barrier between the storage areas
and any street or property line. Such outside storage area shall not
exceed 30% of the lot area and shall be located in the rear yard only.
F.
All buildings shall be compatibly designed, whether constructed all
at one time or in stages over a period of time. All building walls
facing any street or a residential zoning district line shall be suitably
finished for aesthetic purposes, which shall not include unpainted
or painted cinder block or concrete block walls.
G.
All areas not utilized for buildings, parking, loading, access aisles
and driveways or pedestrian walkways shall be suitably landscaped
with shrubs, ground cover, seeding or similar plantings and maintained
in good condition in accordance with the design standards as set forth
in the Subdivision of Land and Site Plan Ordinance.[1]
I.
Rooftop heating, ventilating and air-conditioning (HVAC) systems,
exhaust pipes and stacks, satellite dishes and other telecommunications
receiving devices should be screened or otherwise specially treated
to be inconspicuous as viewed from the primary or secondary street
and adjacent properties.
J.
Transparency.
(1)
Ground-floor commercial uses shall have large-pane display windows
on the primary and secondary street frontages. Such windows should
be framed by the surrounding wall and should be a minimum of 60% of
the total ground-level facade area. Windowsills should not be more
than three feet above the sidewalk.
A.
Purpose. The purpose of the following guidelines is to establish
a set of principles and requirements to be used when reviewing the
physical, visual and spatial characteristics of development plans.
These guidelines will enhance the Centers and encourage development
and redevelopment at a scale that is characteristic of Middle Township's
regional centers and villages. The design guidelines discussed below
consist of principles that should be followed in designing developments.
They are meant to be used both by developers preparing subdivision
and site plans and by planning and zoning boards in reviewing development
applications in the Town Center, Town Business and Village Commercial
Zones. Nonresidential and mixed-use buildings within these zones should
be designed to convey a small-town scale and character. Buildings
within these zones should contain the following design elements.
B.
Materials.
(1)
Building facades visible from a street should consist of brick,
stone, cast stone, clapboard, cedar shakes or other high-quality material
that is durable.
(2)
Cornices should consist of wood, stone or fiberglass.
(3)
Facades not visible from a street may use vinyl siding or any
other durable material compatible with the materials of the other
facades.
C.
Scale.
(1)
The building facade should create a defining wall along the
streetscape.
(2)
Covered archways (a minimum of eight feet wide) may connect
rear parking areas to the street, enabling pedestrian circulation.
(3)
Building exteriors should have vertical and/or horizontal offsets
to create visual breaks on the exterior. Building facades visible
from the street that are 50 feet or more in length should be articulated
into smaller increments through the following techniques:
(4)
Long, blank, windowless, monotonous, uninterrupted walls of
more than 15 feet in length are discouraged.
(5)
Building wall offsets, including projections and recesses such
as balconies, canopies, awnings, and architectural details, are encouraged.
(6)
Blind windows, display windows and/or intensive landscaping
can be employed in place of blank walls.
D.
Articulation.
(1)
The building facade should have a clearly defined base, body
and cap. The base, or ground floor, should appear visually distinct
from the upper stories through the use of a change in building materials,
window shape or size, an intermediate cornice line, awning, etc.
(2)
The middle section of the facade may be horizontally divided
at floor, lintel or sill levels with belt courses.
(3)
The architectural treatment of a facade should be maintained
around all street-facing facades of a building.
(4)
All sides of a building should be part of a unified architectural
design so as to be consistent with regard to style, materials, colors
and details.
E.
Corner buildings.
(1)
Buildings on corners are significant buildings because they
have two frontages visible from the street.
(2)
Corner buildings act as important landmarks within the Centers.
(3)
Corner buildings should feature a prominent architectural element,
such as a chamfered corner, significant facade articulation or portico.
F.
Roofs.
(1)
The shape, pitch and color of a roof should be architecturally
compatible with the style, materials and colors of such building.
(2)
If the building has a flat roof, a parapet should project vertically
to hide any roof-mounted mechanical equipment. Additionally, a cornice
should project out horizontally from the facade and should be ornamented
with moldings, brackets or other details.
(3)
If the building has a pitched roof, a minimum pitch of 5:12
should be provided.
(4)
Pitched roofs are encouraged to have dormers, chimneys, cupolas
and other similar elements to provide architectural interest. These
elements should be compatible with the style, materials, colors and
details of the building.
(5)
Roofline offsets should be provided along any roof measuring
more than 30 feet in length in order to provide architectural interest
and articulation to a building. Base panels or bulkheads are encouraged
between the sidewalk and the windowsills.
(6)
Windows are encouraged to be vertically proportioned wherever
possible.
(7)
Buildings of architectural styles that normally have windows
with muntins or divided lights should utilize those types of windows.
(8)
Upper levels should have a minimum transparency of 20% on the
primary and secondary street frontages.
(9)
Glass blocks are not permitted on facades that abut primary
or secondary streets.
(10)
Exterior security gates should not be used. Interior security
gates should be designed compatible with the architecture of the building
and should allow for visibility of window displays at the ground level.
(11)
Transoms above display windows are encouraged.
G.
Entrances.
(1)
The primary entrance to any building should front on a primary
or secondary street. Additional secondary entrances may be oriented
to a secondary street or parking area.
(2)
All entrances to a building should be defined and articulated
by architectural elements such as lintels, pediments, pilasters, columns,
overhangs or canopies.
(3)
Entrances should be inviting to pedestrians and, to the fullest
extent possible, provide shade and weather protection.
(4)
These elements should be compatible with the style and materials
of the building.
(5)
Entrances may also be defined by planters as well.
H.
Lighting.
(1)
Light fixtures attached to the exterior of a building are encouraged.
These fixtures should be architecturally compatible with the style,
material and colors of such building.
(2)
Low-pressure sodium or mercury vapor lighting is prohibited.
(3)
Energy-efficient lighting is encouraged.
(4)
The use of lighting should be integrally designed as part of
the built environment and should reflect a balance for the lighting
safety needs with the contextual ambient light level and surrounding
nighttime characteristics of the Centers.
(5)
Lighting designs should be designed to minimize glare and light
trespass, to provide energy conservation, and to maintain dark skies.
(6)
Full cutoff fixtures, mounting heights, and shielding should
be utilized to effectively control glare and light trespass.
(7)
Architectural lighting, if proposed, should be included with
the site plan application and should only be utilized to highlight
special features. Lighting of expansive wall planes, towers, and roofs
or the use of architectural lighting that results in hot spots should
be avoided.
(8)
Landscape lighting, if proposed, should be included with the
application. Landscape lighting should only be utilized to accent
landscaping, should be pointed away from the property line, and fixtures
should contain fixture shields to minimize glare and light source
visibility.
I.
Sustainability.
(1)
Where feasible, solar panels are encouraged to be provided on
rooftops to capture renewable energy.
(2)
Rooftop gardens are encouraged on flat roofs to decrease stormwater
runoff.
(3)
The use of water-saving fixtures is encouraged.
(4)
Development should utilize conservation strategies in landscape
watering.
(5)
Native plant materials should be selected that are hardy and
drought-resistant.
(6)
The use of rain gardens is encouraged to increase on-site water
recharge.
A.
Residential units are permitted on upper floors only in mixed-use
buildings.
B.
Parking shall be located in the rear yard only.
C.
Nonresidential use is required to be situated along the entire street-level
frontage, with the exception of side yard setback requirements, pedestrian
and bicycle access to residential areas, and driveways to off-street
parking areas.
D.
Wherever possible, driveways should be located on side streets or
shared driveways.
E.
Shared parking. The residential parking requirement may be reduced
up to 25% in mixed-use buildings.
A.
Purpose. All new construction, additions and renovations in the Cape
May Court House Overlay Zone should be designed to be compatible with
the historic nature of the respective areas. To retain community character,
new construction, additions and renovations should achieve compatibility
through appropriate massing, shape, size, materials, orientation,
setback and the like.
C.
Shape and massing.
(1)
Construction should incorporate massing, building shapes, and
roof shapes that are present in the surrounding area.
(2)
The architectural treatment of a facade shall be completely
continued around all street-facing facades of a building. All sides
of a building shall be architecturally designed so as to be consistent
with regard to style, materials, colors and details.
D.
Materials.
(1)
Building materials should be compatible with those of buildings
in the surrounding area.
(2)
Traditional materials that are common to the area, such as brick
and wood siding, are preferred.
(3)
All siding patterns should have the finished appearance of lapped
board or bevelled board on the principal structure.
(4)
Board and batten type construction is permitted on accessory
buildings.
(5)
Roofing finish should have the appearance of shake or shingle,
standing seam or batten seam typical of the particular architectural
style and period.
E.
Patterns and rhythm.
(1)
The rhythm of facades along the street and the components thereof
should be maintained.
(2)
Large buildings can be divided into bays to reflect rhythms
exhibited by smaller structures.
(3)
Buildings greater than 30 feet in width should be delineated
with architectural elements or stepped backward or forward to provide
architectural interest.
(4)
Building wall offsets, including projections and recesses such
as balconies, canopies, awnings, and architectural details, are encouraged.
(5)
Construction should continue the floor-to-floor and cornice
heights that are dominate in the surrounding area or incorporate detailing
to suggest those heights.
F.
Windows and doors.
(1)
Construction should use window and door openings of a design
and size typical of those in the surrounding area and buildings within
the period.
(2)
Transoms above display windows are encouraged.
(3)
Windows are encouraged to be vertically proportioned wherever
possible.
(4)
Buildings of architectural styles that normally have windows
with muntins or divided lights shall utilize those types of windows.
(5)
Glass blocks are not permitted on facades that abut a primary
or secondary street.
(6)
Exterior security grates are prohibited.
(7)
The primary entrance to any building shall front on a street.
(8)
All entrances to a building shall be defined and articulated
by architectural elements such as lintels, pediments, pilasters, columns,
overhangs or canopies.
(9)
These elements shall be compatible with the style and materials
of the building.
(10)
Entrances may also be defined by planters as well.
G.
Orientation.
(1)
Principal facades of new construction should face the same direction
as other existing buildings on the street or as indicated by predominant
patterns in the surrounding area.
(2)
Building front yard setbacks should be consistent with the building
setbacks of structures adjacent to and within 200 feet on each side
of the property.
H.
Roofs.
(1)
The shape, pitch and color of a roof shall be architecturally
compatible with the style, materials and colors of such building.
(2)
If the building has a flat roof, a parapet shall project vertically
to hide any roof-mounted mechanical equipment. Additionally, a cornice
shall project out horizontally from the facade and shall be ornamented
with moldings, brackets or other details.
(3)
If the building has a pitched roof, a minimum pitch of 5:12
shall be provided.
(4)
Pitched roofs are encouraged to have dormers, chimneys, cupolas
and other similar elements to provide architectural interest. These
elements shall be compatible with the style, materials, colors and
details of the building.
(5)
Roofline offsets shall be provided along any roof measuring
more than 30 feet in length in order to provide architectural interest
and articulation to a building.
(6)
Rooftop heating, ventilating and air-conditioning (HVAC) systems,
exhaust pipes and stacks, satellite dishes and other telecommunications
receiving devices shall be screened or otherwise specially treated
to be inconspicuous as viewed from the primary or secondary street
and adjacent properties.
