This article shall be known as and may be cited
as "Conditional Use Permits, Procedures and Requirements Article of
the Township of Manchester Municipal Land Use and Development Regulations
Chapter."
A.
Conditional uses. The following conditional uses to
the use limitations imposed by this chapter are permitted under the
terms and specifications herein set forth. Whereas the necessity for
certain specific uses is recognized and at the same time appreciating
the fact that they or any one of them may be, or may become, inimical
to the public health, safety and general welfare of the community
if located without due consideration to the existing conditions and
surroundings, the following standards and procedures are hereby established.
B.
Review standards. These standards are intended to
provide the approving agency with a guide for the purpose of reviewing
applications for conditional uses as provided for by this chapter.
In reviewing an application, the approving agency may act on site
plans submitted to it or may suggest modifications and changes. In
approving an application, the approving agency may require, in addition
to features specified, such other features or design, in keeping with
the intent thereof, that will further the purpose of these standards
and regulations. Such features shall be provided and maintained as
a condition of the establishment and maintenance of any use to which
they are a condition of approval. The approving agency shall decide
each application in accordance with the procedure provided for the
issuance of conditional use permits in this article. Each applicant
is to submit plans in accordance with the site plan or subdivision,
as the case may be.
[Amended 3-23-1998 by Ord. No. 98-008[1]]
Public utility uses such as high-voltage transmission
lines, electrical towers and substations, sewerage pumping stations,
wells, sewage treatment plants, but no accessory service or storage
yards, may be permitted in the RA, FA-S, B-1, OR-LI, TC, HD-3, HD-3A
and HD-10 Zones, and utility service or storage yards in the LI Zone
are permitted, provided that:
A.
A set of plans, specifications and plot plans, and
a statement setting forth the need and purpose of the installation
are filed with the approving agency by the applicant in triplicate.
B.
Proof is furnished to the approving agency that the
proposed installation in a specific location is necessary and convenient
for the efficiency of the public utility system or the satisfactory
and convenient provision of service by the utility to the neighborhood
or area in which the particular use is to be located.
C.
The design of any building utilized in connection
with such facility conforms to the general character of the area and
shall in no way adversely affect the safe and comfortable enjoyment
of property rights in the area and zone in which it is located.
D.
Adequate and attractive fences and other safety devices
will be provided and sufficient landscaping including shrubs, trees
and lawn shall be provided and maintained.
A.
Permitted in HD-3, HD-10, RA and WTHD Zones. Hospitals
and nursing homes shall be permitted in the HD-3, HD-10, RA and WTHD
Zones, providing the standards of site plan approval are met and that
the following standards and conditions are complied with: The hospitals
and nursing homes shall be constructed and operated in compliance
with all pertinent state and federal laws and regulations, and nothing
in this chapter shall be construed or interpreted so as to waive any
of said laws or regulations.[1]
B.
Accessory uses. The following uses may be established
in connection with the hospital on the unsubdivided tract on which
the hospital is located and such uses are hereby declared to be accessory
uses:
(1)
Professional schools for the instruction of medical
or related arts.
(2)
Structures devoted to the gathering, containing and
preparation of edibles. Such structures shall serve only the hospital
and accessory uses.
(3)
Structures devoted to the gathering, containing and
preparation of materials used in the operation of a laundry. Such
facilities shall serve only the hospital and its accessory uses.
(4)
Structures devoted to use of the storage and maintenance
of such vehicles and equipment as may be needed for the proper care
of the premises.
(5)
Such structures as are necessary for the storage of
water as necessary to serve the hospital.
(6)
Such structures and spaces as are needed for the ingress
and egress of modes of transportation, including but not limited to,
garages, parking lots, emergency vehicle depots and whatever improvements
are needed for the ingress and egress of vehicles that travel through
the air.
(7)
Such structures as are necessary for the identification
of the uses and to direct travel.
(8)
Such structures as may be necessary for extended care
of patients.
C.
Area, yard and height requirements.
(1)
The maximum height of the hospital or nursing home shall be limited
to the height permitted by the zoning in which the facility will be
built.
[Amended 11-14-2016 by Ord. No. 16-036; 2-13-2017 by Ord. No. 17-002; 11-13-2017 by Ord. No. 17-024]
(2)
The front setback line shall be a minimum of 100 feet.
(3)
The rear yard setback line shall be a minimum of 100
feet.
(4)
The side yard setback lines shall be a minimum of
100 feet.
(5)
The maximum lot coverage shall be 25%.
D.
Any site plan application for a hospital or any of
the permitted accessory uses set forth in this chapter shall not be
required to exhibit or provide anything which would cause the hospital
to violate state or federal regulation or standard to provide medical
care.
[Amended 2-22-1999 by Ord. No. 99-001]
A.
Permitted in RA, WTRA and PFA-S Zones. There shall
be permitted in the RA, WTRA and PFA-S Zones recreational campgrounds,
provided that the following standards and conditions are complied
with.
[Amended 6-14-2016 by Ord. No. 10-012]
B.
Filing for license. Copy of an application form for a license to operate a campground, signed by the Township Clerk, is submitted to the approving agency indicating said application has been accepted for filing in accordance with Chapter 118, Campgrounds.
C.
Campground requirements. Campgrounds must meet the
following requirements:
(1)
Recreational campgrounds will have no less than 50
acres.
(2)
Each campsite, including parking spaces, shall provide
a minimum of 2,000 square feet of space.
(3)
The density of the campsites in the RA Zone shall
not exceed 12 campsites per acre. In the PFA-S Zone, the density shall
not exceed one campsite per acre; however, campsites may be clustered
provided that the net density does not exceed 10 campsites per acre.
[Amended 2-22-1999 by Ord. No. 99-001]
(4)
No campsites shall be less than 100 feet from a public
highway or right-of-way, and not less than 50 feet from a property
line.
D.
Site plan approval; other regulations to apply. Granting
of site plan approval hereunder shall not in any way abrogate or limit
the requirements to comply with the campground license requirements
of the Township of Manchester and the approval of the Manchester Township
Board of Health in accordance with N.J.A.C. 8:22-1 et seq. prior to
the issuing of such license or building permit.
[Amended 6-14-2016 by Ord. No. 10-012]
Since the excavation of sand, gravel, stone or other natural deposits may disrupt the orderly and logical development of the Township, such activity may be allowed only by special permit subject to Chapter 328, Resource Extraction.
[1]
Editor’s Note: Former § 245-65, Eating places and
eating places (with liquor license), as amended, was repealed 11-13-2017
by Ord. No. 17-024.
A.
Location.
[Amended 9-25-2000 by Ord. No. 00-025; 12-17-2001 by Ord. No.
01-033]
(1)
No gasoline service station, automotive repair shop,
automotive rental or car wash shall be located within 1,000 feet of
any church, school, playground, hospital, public library or similar
institution, nor shall any gasoline pump, automotive repair shop structure,
automotive rental structure or car wash structure, including any appurtenances,
be located within 300 feet from the boundary line of any residential
zone.
(2)
Gasoline service stations shall be located on major
arterial or minor arterial roads.
(3)
There shall be provided a twenty-five-foot undisturbed
buffer, both side and rear yards, wherever the property line of the
lot occupying a gasoline service station or public garage abuts a
residential zone to protect surrounding properties from the effect
of light or noise generated on the property.
B.
Area, yard and building requirements.
[Amended 12-17-2001 by Ord. No. 01-033]
(1)
Lot size. The minimum lot area for a service station
and public garage shall be 40,000 square feet. All required lot areas
not used as landscaped buffer areas shall be paved with a permanent
Mix I-5 or I-6 or concrete surface.
(2)
Lot width. The minimum lot width for a service station
shall be 200 feet.
(3)
Lot depth. The minimum lot depth for a service station
shall be 200 feet.
(4)
Lot coverage. A service station shall not occupy an
area greater than 40% of the total area of the site.
(5)
Yards. The minimum front yard shall be 50 feet measured
from all public rights-of-way. The minimum side yard shall be 50 feet.
The minimum rear yard shall be 50 feet. No gasoline or oil pump and
no other service appliances installed for use in connection with any
automobile service station shall be so installed or located within
50 feet of any lot line (300 feet from a residential structure or
a permitted building envelope).
(6)
Building height. Buildings shall be no more than 1
1/2 stories or 25 feet in height.
(7)
Canopies. A cantilevered cover or canopy may be permitted
to extend into the front yard, provided it is at least 50 feet from
any side property line.
C.
Access driveways and curb cuts on Township roads.
(1)
No driveway shall be located within 100 feet of the
nearest right-of-way intersection of two public streets nor within
100 feet of any private driveway existing at the time of application.
(2)
Driveways shall be no less than 32 feet and no more
than 38 feet wide. The driveway shall have sufficient curb radii at
the curbline to facilitate auto ingress and egress.
(3)
Curb cuts shall be not less than 25 feet from any
adjacent property line.
(4)
Any two driveways giving access to a single street
shall be separated by a curbed island of at least 20 feet.
(5)
Curbs. A raised curb of at least six inches in height
shall be provided along all street property lines, except for driveway
openings.
(6)
There shall not be more than two curb cuts providing
access to any one street.
E.
Landscaping, screening and signs.
(1)
A fence, wall, or dense landscaping six feet in height
shall be provided along all adjoining property lines. However, sight
rights shall not be interfered with.
(2)
A facade sign shall be permitted, provided it is attached
directly to the surface of the building and provided it does not exceed
an area equal to 15% of the facade of the building but in any event
not greater than 150 square feet.
(3)
One freestanding sign, identifying the name of the
business or brand, may be permitted perpendicular to the axis of the
street, provided that the area of both sides of the sign shall not
exceed 75 square feet and provided that it shall not exceed a height
of 25 feet above the established grade.
(4)
Signs or any part thereof shall not be permitted to
move or have flashing lights.
F.
Other requirements.
(1)
Location of pumps. All pump islands shall be a minimum
of 25 feet from any adjacent property line and 40 feet from any public
right-of-way. This provision shall not be construed to permit an infringement
on any required buffer zone.
(2)
Accessory buildings. All lifts, lubrication equipment,
service pits and goods for sale shall be enclosed within the service
station. Accessory buildings shall not be permitted except for:
[Amended 12-17-2007 by Ord. No. 07-051]
(3)
Accessory uses. The following activities are permitted
as accessory uses to a gasoline station: the dispensing of oil, grease,
antifreeze, tires, batteries and automobile accessories directly to
users of motor vehicles; tuning motors, minor wheel and brake adjustment,
and other minor servicing and repair of motor vehicles to the extent
of installation of the items enumerated above; and washing of automobiles.
All other activities are prohibited, including, but not limited to:
upholstery work, auto glass work, painting, welding, tire recapping,
and auto dismantling. Storage of any vehicle requiring body work or
which is inoperable because of general deterioration shall not be
permitted.
[Amended 12-17-2007 by Ord. No. 07-051]
(4)
Trash, garbage and parts. An enclosed area shall be
provided for the temporary storage of trash, garbage and unusable
automotive parts. Except for tire, all trash shall be stored in tight
containers. The enclosed area shall be designed so that trash shall
not be seen by the general public or from adjoining properties.
(5)
Fuel tanks. Underground fuel storage tanks shall be
placed at least 10 feet from any structure. Tanks having a capacity
of 6,000 gallons or more shall be at least 20 feet from any structure.
A.
Permitted in retirement community zones. Recognizing
that planned retirement communities are necessary and desirable to
the general welfare of the Township and recognizing that the location
of such accommodations within certain zones may be incompatible with
the general welfare if improperly designed and regulated: Such Planned
Retirement Communities may be permitted in the RC Retirement Community,
PRC and PRC-1 Pinelands Retirement Community, PR-A Pinelands Rural
Agricultural, PED-1 and PED-9 Planned Environmental Development and
WTRC Whiting Town Retirement Community Zones throughout the Township
subject to the following conditions and the issuance of a building
permit or permits by the Construction Official subsequent to the issuance
of a conditional use permit by the approving agency.
[Amended 2-22-1999 by Ord. No. 99-001; 5-29-2007 by Ord. No.
07-018]
B.
Definition of "planned retirement community" (PRC). A "planned retirement community," hereinafter referred to as "PRC," is defined as one or more parcels of land having a contiguous total acreage of at least 50 acres, as permitted in the WTRC Zones, § 245-33P, and at least 100 acres in the RC Zone and PR-A Zone, forming a land area to be used as a planned retirement community as defined in Article II, Terminology, § 245-8, Definitions; word usage.
[Amended 2-22-1999 by Ord. No. 99-001; 10-24-2005 by Ord. No.
05-049; 11-28-2005 by Ord. No. 05-053]
(1)
Lands shall be considered contiguous so long as said
lands are not separated by existing public streets, or railroad rights-of-way
presently used; provided, however, that where an applicant is able
to demonstrate to the satisfaction of the approving agency that the
lands so separated lend themselves to an integrated community plan,
without nay substantial detriment to the public health, safety or
welfare, the approving agency may waive the contiguity requirement.
C.
Uses permitted and facilities required.
(1)
Single-family detached dwellings; and/or
(2)
Attached single-family dwelling units within the same
building, hereinafter referred to as a "multiple dwelling," but no
more than eight such units in any one building; and/or
(3)
Mobile home parks subject to the Manchester Township
Mobile Home Licensing Ordinance[1] and the applicable provisions of the laws and regulations
of the State of New Jersey, which shall preempt the provisions of
this chapter in the case of a conflict.
(4)
Senior citizen recreational and cultural facilities
for the sole use of the residents of the community and their guests,
including the following: clubhouse, shuffleboard courts and picnic
grounds. In particular, requirements for the foregoing are more specifically
enumerated hereinafter. Recreational and cultural facilities shall
not be limited to the foregoing, so that an applicant may propose
additional facilities with its submission. All such facilities shall
be subordinated to the residential character of the area, and no advertising
shall be permitted. Should a golf course be contemplated, the standards
for such senior citizen golf course shall be in the decision of the
approving agency, notwithstanding the definition of a golf course
in this chapter.
(5)
The following uses may be permitted, but are not required:
(a)
Master TV antenna system and/or cable TV system
with mast or masts limited to 85 feet in height for the use of residents
in the planned retirement community. Master TV antenna system and/or
cable TV system must be installed and constructed in an area or areas
approved by the approving agency with access roads for the purpose
of egress and ingress; however, in the event that such access roads
lead into or from any private road or roads, alleyway or alleyways,
patios and places, etc., within a planned retirement community, then
in that event, the person or persons, corporation or partnership installing
or constructing said master TV antenna system and/or cable TV system
must procure written easement agreements from the owner or owners
of such private road or roads, alleyway, or alleyways, patios and
lands, etc. for access to and from said master TV antenna system and/or
cable TV system. All of the above are subordinated to residential
character.
(b)
Facilities for the following uses:
[1]
Professional offices for doctors, dentists,
chiropractors, opticians, accountants and attorneys.
[2]
Medical clinics and first aid facilities.
[3]
Offices for banks, insurance agencies, real
estate agencies, financial investment counselors and brokers, and
such other similar services.
[4]
As a precondition to the establishment of such
uses in a planned retirement community, the Planning Board must find
that the location of the use will not interfere with or adversely
impact residential units in the planned retirement community and that
the use shall be limited to residents of the planned retirement community.
(c)
A properly screened unpaved, graveled area for
the parking of accessory vehicles not normally utilized for transportation
at a location and of such size approved by the approving agency. Such
area shall not be used in computing green area.
(d)
A properly screened area reserved for storage
and care of maintenance equipment and administration of the community.
(e)
Limited commercial facilities properly integrated
with the PRC and as approved by the approving agency.
(6)
Model homes and/or sales office in accordance with
N.J.S.A. 40:55D-66 and any retail home decoration and furnishings
sale facility operated by the developer of the planned retirement
community solely for the use of purchasers of dwelling units therein.
(7)
Accessory uses. In addition to those provided herein,
necessary accessory buildings and uses shall be permitted including
facilities for recreation, street and off-street parking facilities
and utilities.
(8)
Prohibited uses. All other uses shall be prohibited,
including, without limitation, all dwelling units not part of the
site development plan submitted by the applicant.
D.
Development standards. No building permits shall be
issued or construction commenced within the area except in accordance
with a site development plan herein prescribed. Such site development
plan shall meet at least the following minimum requirements:
(1)
Minimum area.
[Amended 2-22-1999 by Ord. No. 99-001]
(a)
The minimum area for a PRC in the RC or PR-A
Zones shall be 100 contiguous acres under one ownership or control,
provided that areas of any size may be added to an existing PRC contiguous
thereto and in compliance with the provisions of this section.
(b)
The minimum area for a PRC in the WTRC Zone
shall be 50 acres under one ownership or control, provided that areas
of any size may be added to an existing PRC contiguous thereto and
in compliance with the provision of this section.
(2)
Density. There shall be no more than four housing units per gross acre except in the PR-A Zone, and in the PRC-1 Zone where the densities specified in § 245-33W(1)(b) shall apply.
[Amended 2-22-1999 by Ord. No. 99-001; 5-29-2007 by Ord. No.
07-018; 6-14-2010 by Ord. No. 10-012]
(3)
Residential building coverage. Not more than 20% of
the gross area shall be covered by residential buildings.
(4)
Common open space. Not less than 50% of the gross
area shall be devoted to landscaped and natural vegetation, which
is herewith defined as the project area not covered by residential
buildings, and the paved areas of streets and parking areas, except
those facilities which are part of the designated common open space
areas in accordance with N.J.S.A. 40:55D-39c.(3).
(5)
Minimum gross floor area. The minimum gross floor
area for one-bedroom units shall be 650 square feet. The minimum gross
floor area for two-bedroom units shall be 800 square feet, except
as provided for efficiencies, 600 square feet.
(6)
Setbacks. No building or structure shall be located
closer than 20 feet from a street, provided that all driveways fronting
on said street shall be 25 feet or more in length on lots of less
than 60 feet in width; and 20 feet or more on lots 60 feet or greater
in width. Furthermore, no building or structure other than entrance
gates or fences shall be located within 30 feet of any exterior boundary
line of the tract.
[Amended 11-25-2013 by Ord. No. 13-010]
(7)
Distance between residential buildings. The following
regulations shall be applicable to PRCs approved after December 19,
1979:
(a)
There shall be a minimum distance of 20 feet
between single-family residential structures and a minimum separation
of 40 feet at the rear of the structures with a minimum of 20 feet
of yard area for each residential structure. Fee simple residential
lots shall have the following minimum setbacks:
[Amended 3-23-1998 by Ord. No. 98-009]
(b)
For multifamily dwellings oriented essentially
at 90° to each other, the minimum distance between same shall
be 20 feet or one times the maximum height of the buildings, whichever
is greater.
(c)
For multifamily dwellings oriented essentially
end-to-end to each other, the minimum distance between same shall
be 25 feet or 1 1/2 the maximum height of the buildings, whichever
is greater.
(d)
For multifamily dwellings oriented essentially
with parallel axis facing each other, the minimum distance between
same shall be 40 feet or 2 1/2 times the maximum height of buildings,
whichever is greater.
(e)
The minimum distance from any multifamily structure
and a parking lot curbline or alley curbline, shall be 10 feet, except
that 20 feet is required between the face of an attached garage and
the curbline of an alley.
(f)
Planned retirement communities which existed or have preliminary approval prior to the adoption of Ordinance No. 79-150, adopted December 19, 1979, shall comply with the approved requirements in effect at that time. (See Appendix 1 for Senior Citizen Projects regulations pursuant to Section 2-3 of Ordinance 75-67, adopted December 11, 1975.)[2]
[2]
Editor's Note: The appendix material is included at the end of this chapter.
(8)
Off-street parking. Average 1 1/2 spaces for each
dwelling unit. A parking space is hereby defined as a space of 10
feet by 20 feet, except that a driveway fronting on a street shall
be 25 feet as measured from the curb face on the street or from the
street line if the street is a public street.
(9)
Utilities. The planned retirement community shall
be serviced by a water system and sewage system approved by the Manchester
Township Division of Utilities.
[Amended 6-9-2008 by Ord. No. 08-020]
(10)
Artificial lighting. Shall be provided on the premises and installed at major intersections in accordance with § 245-85 as the Planning Board may require.
(11)
Roads.
(a)
Roads shall be private in nature and shall be constructed in accordance with Article IX, Improvements, Requirements and Design Standards, of this chapter, except as follows:
[1]
Minor streets (i.e., streets of not more than
600 feet in length), which shall be through streets or terminate in
a cul-de-sac, with an overall paved roadway width of 24 feet from
gutter line to gutter line.
[2]
Minor collector streets shall have a paved roadway width of 30 feet; the roadway shall be constructed with a six-inch road gravel base conforming to the New Jersey Department of Transportation Standard Specifications Mix I-4 or I-5, of 1 1/2 inch thickness of bituminous concrete binder course and a one-inch bituminous concrete surface course. The road construction shall conform to requirements outlined in § 245-81.
[3]
Major collector streets shall have a paved roadway
of 40 feet and the foregoing measurements shall include roll curb;
and
(b)
Provisions shall be made for the permanent maintenance
of private roadways located within a planned retirement community
so that such roadways shall not become the obligation of the Township
of Manchester.
(c)
Culs-de-sac of minor streets and minor collector
streets shall have a minimum curb radius of 40 feet, and no parking
shall be allowed in the cul-de-sac.
(d)
There shall be no parking on any of the streets.
(12)
Sidewalks shall be a minimum width of four feet
and shall be installed along the major collector streets on both sides.
Additional sidewalks may be required by the Planning Board.
(13)
Buffer strip. There shall be provided a fifty-foot
screening strip when the project abuts a nonresidential zone or use
or state or county highway or a municipal arterial highway; said buffer
strip shall not be used in computing any setbacks.
(14)
All on-site and off-site drainage shall be provided
for in accordance with the Township Master Drainage Plan and applicable
Township regulations pertaining to subdivision of land.
(15)
Water and sewerage facilities. No individual
disposal systems shall be permitted and no individual wells shall
be permitted except for turf irrigation, as may be regulated by the
Manchester Township Division of Utilities. Sewerage disposal and water
distribution systems including fire hydrants shall be approved by
the Manchester Township Division of Utilities, the Department of Environmental
Protection and all other applicable bodies. No building permit shall
be issued unless and until plans for such facilities have been submitted
to the proper authority for approval and adequate provisions are made
to ensure that all necessary facilities shall be installed. All such
facilities shall be so constructed as to facilitate their connection
to systems which may be provided by county or municipal authorities.
[Amended 6-9-2008 by Ord. No. 08-020]
(16)
Driveways, walks and parking areas. There shall
be provided a safe and convenient system of driveways, walks and parking
areas. Due consideration shall be given in planning walks, ramps and
driveways to prevent slipping or stumbling; handrails where deemed
necessary and ample places for rest shall be provided and grading
of walks shall not exceed 7%; the outdoor area available to residents
shall permit older persons to move without danger and with minimum
effort.
(17)
Curbs required. Either batter or roll curb shall
be provided on all streets.
(18)
Maximum building height. The maximum height
of any single-family dwelling building in a planned retirement community
shall be two stories but not to exceed 35 in height.
(19)
The Planning Board may grant design waivers from the requirements of § 245-81K of this chapter and permit dead-end streets (culs-de-sac) to be longer than 600 feet in conjunction with its approval of the proposed roadway system shown on the Master Development Plan.
(20)
The Planning Board may grant design waivers from the requirements of § 245-81K of this chapter and permit:
(21)
The Planning Board may grant design waivers from the requirements of Subsection D(7) of this section to vary minimum distances between residential buildings consistent with sound planning concepts and where a comprehensive development plan for a planned retirement community may require.
(22)
Each planned retirement community (PRC) shall
provide at least one clubhouse to serve the entire PRC with a total
habitable area equal to 10.5 square feet for each dwelling unit to
built in the PRC. In computing the "interior habitable area," all
space reserved for mechanical equipment and storage shall be excluded.
E.
Recreation areas.
(1)
There shall be provided in each planned retirement community one clubhouse or community building. The initial clubhouse shall be completed and in operation before the 100th dwelling unit has been completed and a certificate of occupancy issued thereupon. Said clubhouse shall have an adjoining parking area with sufficient spaces so as to comply with Article IV, § 245-28A, Off-street parking spaces.
(2)
A complex consisting of recreational facilities shall
be required by the Manchester Township approving agency. All ground
surrounding recreational and administrative facilities shall be attractively
landscaped, with appropriate walkways. Adequate irrigation system
shall be provided.
(3)
Should topographic conditions or particular soil conditions
permit, the applicant may, as part of the recreation area, provide
a lake for aesthetic purposes, fire protection as well as water recharge
and water retention purposes.
(4)
Off-street parking shall be provided to serve the
clubhouse or community building at the ratio of one parking space
for each eight dwelling units developed in the planned retirement
community.
F.
Procedures for application for a planned retirement
community approval.
(1)
The applicant shall submit a complete application
for conditional use permit. Said application for development or its
accompanying exhibits shall include a map or maps showing the location
and extent of the property to be included in the entire planned retirement
community and indicating the project standards for a PRC found herein:
(a)
Schematic circulation plans setting forth the
general alignment of main roadways.
(b)
Proposed land use plan setting forth the general
arrangement and magnitude of proposed land uses, including open space,
and giving an acreage projection for each proposed land use category.
(c)
Projection of the total number of dwelling units
proposed together with the proposed residential density.
(d)
In the case of plans calling for development
of the project in sections, a delineation of each proposed section
and the proposed development schedule.
(e)
Other data, etc. as may be required by the approving
agency to make proper decision and to assure that the development
standards set forth herein are met so that such use in the specified
location will comply with the conditions and standards or location
or operation of such use.
(2)
Consideration by approving agency. The approving agency
shall consider the proposed conditional use permit from the point
of view of the standards and purposed of the regulations governing
planned retirement communities so as to achieve a maximum coordination
between the proposed development and the surrounding uses, including
the preservation of natural areas and landscape features and the proposed
circulation into and on the site and such other feature as will contribute
to the orderly and harmonious development of the area and for conformance
with the health, safety and welfare of the citizens of Manchester
Township.
(a)
The applicant shall also submit an environmental
impact statement of the possible impact of the project on the site.
(b)
Public hearing. Within the time provided by
law and subsequent to the applicant giving proper notice pursuant
to the provisions of N.J.S.A. 40:55D-11 and N.J.S.A. 40:55D-12, a
public hearing on said application shall be heard by the approving
agency.
(c)
The final approved conditional use permit shall
assure the applicant that the tract of land forming the subject matter
of the application may be developed as a planned retirement community
within the general framework of the document submitted and the condition
imposed.
(d)
Validity. A conditional use permit approved in accordance with these regulations shall expire as of the time limit set forth in an approving resolution, as specified in Subsection F(2)(e) herein. Should the resolution fail to set such time limit, the conditional use permit shall remain valid for a period of three years following final approval by the Township approving agency. If at the end of that time, no application for preliminary site plan or subdivision for the project has been filed, then the conditional use permit plan shall be considered as having lapsed and shall be of no effect unless resubmitted for approval as a planned retirement community as hereinabove provided. Extensions may be granted in the discretion of the approving agency.
(e)
The granting of a conditional use permit shall
allow the applicant to provide for an application for a preliminary
site plan or preliminary subdivision approval and thereafter a final
site plan or final subdivision approval. Nothing herein shall preclude
an applicant from making a request for preliminary or final approval
in sections less than the total project so long as the applicant submits
a Master Storm Drainage Plan for the entire project with the first
preliminary application for a section. Should an applicant choose
to make application for preliminary or final in sections, the conditional
use permit validity and the preliminary approval shall continue for
three years from the date of the last approval of a preliminary or
final application for a section. Nothing in this subsection shall
prevent the applicant from submitting the information required for
final approval in two stages, the first stage being the overall plan
and the profile storm sewer design and fire hydrant layout, which
plans shall be submitted to the approving agency in accordance with
the above requirements. Following approval by the approving agency
of these plans, the applicant then may construct such site improvements
and utilities providing that the inspections fees have been deposited
with the Township and may thereafter submit portions of the plan with
actual units to be constructed, showing the driveways, units, sidewalks,
finished floor grades and proposed grading of the land around the
buildings. Said plan shall also be submitted to the approving agency
in accordance with the above requirements. No building permits will
be issued until the second plan, showing the actual units to be constructed,
has been approved. Should the applicant choose a two stage final application
approval, it shall submit the full requisite final application fee.
These conditions shall include but not be limited to the requirement
that the covenants and restrictions provided for the foregoing services
and further that these covenants and restrictions shall inure to the
benefit of the Township of Manchester.
G.
Special conditions.
(1)
The approving agency shall attach such conditions
to any approval of a conditional use permit allowing a planned retirement
community as it may deem necessary to insure at no cost to the Township:
proper disposal of waste, garbage, trash, junk and other unhealthful
accumulations; construction and maintenance of roads and grounds;
snow removal; and payment for streetlighting; assurance of right of
ingress and egress by police, health, fire inspecting officials and
other officials of the Township of Manchester. The approving agency
shall require covenants to be filed by the applicant prior to the
issuance of a certificate of occupancy.
(2)
The covenants and restrictions and bylaws and any
amendments thereto shall be filed with the Township Clerk.
H.
Development schedule. Applicant shall obtain preliminary
or final subdivision or site plan approval as the case may be. Thereafter,
development of all of the use and amenities approved shall proceed
at the same rate as the dwelling units. To assure compliance with
this section, the applicant shall submit a schedule showing the number
of dwelling units having received final approval and the amenities
which have received final approval so as to answer the Board that
the development standards are maintained through each stage of development.
I.
Dedication of land for public use. Manchester Township
may, at any time and from time to time, accept the dedication of land
for public use and maintenance, or any interest therein, required
to be set aside, designated and reserved for the use and enjoyment
of owners and occupants of land adjoining or neighboring such land
as condition of approval of a planned retirement community, but such
dedication shall not be required by the approving agency.
(1)
The developer shall provide for an organization for
the ownership and maintenance of any open space for the benefit of
owners or residents of a development, if said open space is not dedicated
to the Township. Such organization shall not be dissolved and shall
not dispose of any open space by sale or otherwise, except to an organization
conceived and established to own and maintain the open space for the
benefit of such development, and thereafter such organization shall
not be dissolved or dispose of any of its open space without first
offering to dedicate same to the Township.
(2)
In the event that such organization shall fail to
maintain the open space in reasonable order or condition, the Township
Administrator may serve written notice upon such organization or upon
the owners of the development setting forth the manner in which the
organization has failed to maintain the open space in reasonable condition,
and said notice shall include a demand that such deficiencies of maintenance
be cured within 35 days thereof, and shall state the date and place
of a hearing thereon which shall be held within 15 days of the notice.
At such hearing, the Township Administrator may modify the terms of
the original notice as to deficiencies and may give a reasonable extension
of time not to exceed 65 days within which they may be cured. If the
deficiencies set forth in the original notice or in the modification
thereof shall not be cured within said 35 days or any permitted extension
thereof, the Township, in order to preserve the open space and maintain
the same for a period of one year, may enter upon and maintain such
land. Said entry and maintenance shall not vest in the public any
rights to use the open space except when the same is voluntarily dedicated
to the public by the owners. Before the expiration of said year, the
approving agency shall, upon the request of the organization theretofore
responsible for the maintenance of the open space in reasonable for
the maintenance of the open space, call a public hearing upon 15 days'
written notice to such organization and to the owners of the development,
to be held by the approving agency shall, upon its initiative or upon
the request of the organization theretofore responsible for the maintenance
of the open space, call a public hearing upon 15 days' written notice
to such organization and to the owners of the development, to be held
by the approving agency, at which hearing such organization and the
owners of the development shall show cause why such maintenance by
the Township shall not, at the election of the Township, continue
for a succeeding year. If the approving agency shall determine that
such organization is ready and able to maintain said open space in
reasonable condition, the Township shall cease to maintain said open
space at the end of said year. If the approving agency shall determine
such organization is not ready and able to maintain said open space
in a reasonable condition, the Township may in its discretion continue
to maintain said open space during the next succeeding year, subject
to a similar hearing and determination in each year thereafter. The
decision of the approving agency in any case shall constitute a final
administrative decision subject to judicial review.
(3)
The cost of such maintenance by the Township shall
be assessed pro rata against the properties within the development
that have a right of enjoyment of the open space in accordance with
assessed value at the time of imposition of the lien and shall become
a lien and tax on said properties and be added to and be a part of
the tax to be levied and assessed thereon and enforced and collected
with interest by the same officers and in the same manner as other
taxes.
J.
Additions to existing planned retirement communities. In any instance where a developer seeks to include and develop additional adjacent land which is immediately contiguous to, and not separated by a public street or road from, ("additional PRC tract") (a) as part of an existing PRC which: (1) received master site development plan approval under a predecessor ordinance to this chapter prior to December 19, 1979 ("prior approval"), (2) while not yet completed, has continued to be developed pursuant to that prior approval with certificates of occupancy for dwelling units in the PRC having been issued during the immediately preceding two years, and (3) is located in a Rural-Agricultural (RA) Zone ("preexisting PRC"), and (b) the additional PRC tract is also zoned Rural-Agricultural (RA) and is intended by the developer to be developed as an integral part of the preexisting PRC and (c) the additional PRC tract (1) has an area less than 5% of the total area of the preexisting PRC under the prior approval, (2) the total number of dwelling units to be developed on the additional PRC tract ("additional units") will not exceed the actual building density existing in the preexisting PRC, and (3) the additional units shall meet the requirements for recreation facilities under this chapter and shall not adversely impact the existing infrastructure of the preexisting PRC, then the provisions of Subsection H shall not apply to an application to develop the additional PRC tract as part of the preexisting PRC (the "expansion application") and the approving agency shall consider such expansion application as an amendment to the prior approval and shall ("amended prior approval"), as part of an application for final subdivision or site plan approval for all or a portion of the additional tract ("final application"), provided that the final application (a) is consistent with the prior approval and the preexisting PRC; and (b) otherwise meets and satisfies all other provisions of § 245-67 of this chapter, as amended. Any application for amended prior approval or final applications pursuant to this subsection shall be considered by the approving agency in the same manner as any other application for final subdivision or site plan approval under this chapter.
K.
Application of prior development standards to additional PRC tract. In any instance where any additional PRC tract has received amended prior approval, the development standards are to be complied with by the developer in the final application(s) shall be those contained in Subsection D except (a) for the provisions in Subsection D(6), Setbacks; D(7), Distances between buildings; D(8), Driveway length and D(11), Street widths (collectively the "excluded development standard"), and (b) such other development standards in Subsection D as may be waived by the approving agency pursuant to Subsection L. In lieu of complying with any of the excluded development standards, a final application for an additional PRC tract shall comply with those development standards for setbacks, distances between buildings, driveway length and street widths contained in the predecessor ordinance pursuant to which the prior approval was obtained.
L.
Waiver of development standards. In addition to the
excluded development standards, the approving agency shall have the
power to waive developer's compliance with any other development standard
contained in the predecessor ordinance pursuant to which the prior
approval was obtained.
A.
Permitted. Garden apartments may be permitted in all CAFRA Area Zoning
Districts except for FA-S, FA-R, R-40, R-20, R-15, R-14, R-10, R-10A,
RC, RC-2, OR-LI, B-1, TC, and MF Districts; and in all Pinelands Area
Zoning Districts except for PPA, PFA-S, PFA-R, PR-A, PED-1, PED-9,
PR-15, WTRA, PR-40, BVR-40, WTR-40 and POR-LI. Garden apartments are
also permitted in the PRC-1 district if the site is located in a Pinelands
Regional Growth Area. Garden apartments shall be subject to the conditions
as specified below:
[Amended 11-14-2016 by Ord. No. 16-036; 2-13-2017 by Ord. No. 17-002; 11-13-2017 by Ord. No. 17-024; 11-13-2017 by Ord. No. 17-025]
(1)
Minimum lot size: 10 acres.
(2)
The maximum density for a garden apartment project shall be six units
per gross acre.
(3)
Minimum setback distance: 75 feet from all major collector roads
or arterial roads identified in the Master Plan.
(4)
A swimming pool of 1,000 square feet minimum size shall be provided
for all development of 90 units or more.
(5)
Minimum width of any garden apartment: 20 feet.
(6)
Minimum floor area per unit: 600 square feet.
(7)
Maximum floor area per unit: 1,200 square feet.
(8)
Maximum building height: Same as underlying zone.
(9)
Maximum number of stories: Same as underlying zone.
(10)
Minimum number of units per structure: eight.
(11)
Maximum number of units per structure: 24.
(12)
(Reserved)
(13)
The minimum distance between buildings shall be as follows:
(a)
For multifamily dwellings oriented essentially at 90° to
each other, the minimum distance between same shall be 30 feet minimum
or one times the maximum height of the buildings, whichever is greater.
(b)
For multifamily dwellings oriented essentially end to end to
each other, the minimum distance between same shall be 30 feet minimum
or 1.5 times the maximum height of the buildings, whichever is greater.
(c)
For multifamily dwellings oriented essentially with parallel
axis facing each other, the minimum distance between same shall be
50 feet minimum or 2.5 times the maximum height of the buildings,
whichever is greater.
(d)
No portion of any dwelling unit shall be lower than the outside
finished grade. No depressed siting shall be permitted.
B.
Recreation requirement.
(1)
A playground area or areas shall be provided at the
rate of 500 square feet per four dwelling units. A swimming pool of
1,500 square feet minimum size shall be provided, outdoor playground
equipment shall be installed in each playground in sufficient amount
and variety to service the occupants of the project. No certificate
of occupancy shall be issued until recreation areas are completed.
(2)
All areas of a garden apartment development not used
for the construction of buildings, roads, accessways, parking areas
or sidewalks shall be fully landscaped or grassed.
C.
Off-street parking requirements.
(1)
There shall be two parking spaces for every dwelling
unit.
(2)
Garage facilities or off-street parking areas shall
be provided on the lot sufficient to provide storage or parking for
a number of vehicles equal to not less than twice the number of dwelling
units, and shall be developed and maintained in accordance with the
following:
(a)
Garages and parking area shall be used for automobile
parking only with no sale of automobiles, dead storage of automobiles,
repair work, dismantling or servicing of any kind.
(b)
Parking areas shall be paved and curbed and
provided with an adequate system of stormwater drainage.
(c)
No garages or off-street parking areas shall
be located nearer than five feet from any adjoining property line.
(d)
No garages or off-street parking areas shall
be located between the main building or buildings and the street line
on which the building(s) fronts.
(e)
Where the rear or side yard of a lot abuts on
a street, no garage or off-street parking area shall be located nearer
than 25 feet from such street line.
(f)
No parking area may be place closer to a building
than 12 feet. No parking shall be permitted on any access road within
the garden apartment development.
(g)
All garage walls facing any street shall be
screened from street view by dense evergreen planting or hedge planting
at least six feet in height maintained in good condition.
(h)
All off-street parking shall be efficiently
screened along all side and rear lot line by a six-foot high wood
or wire fence landscaped with dense evergreen planting, or a dense
evergreen shrub or hedge screening at least six feet in height maintained
in good condition.
D.
Utility requirements.
(1)
Utilities for all garden apartments. The applicant
for the site plan approval shall arrange with the serving utility
for the underground installation of the utilities distribution supply
lines and service connections in accordance with the provisions of
the applicable standard terms and conditions incorporated as part
of its tariff on file with the State of New Jersey Board of Public
Utility Commissioners.
(2)
All garden apartment projects shall be served by public
sewer in accordance with the requirements of the Manchester Township
Division of Utilities.
[Amended 6-9-2008 by Ord. No. 08-020]
E.
Landscaping and buffer requirements. All areas of
a garden apartment development not used for the construction of buildings,
roads, accessways, parking areas or sidewalks shall be fully landscaped,
and/or grass. Where a garden apartment development boundary line abuts
a lot in a residential zone, which lot is not owned by the garden
apartment developer, which there shall not be cut, uprooted, destroyed
or taken away any existing trees, shrubbery or other planting within
the area of 20 feet inside the boundary line of the garden apartment
development abutting a residential lot. If inadequate trees, shrubs
or planting exists in the twenty-foot area in the natural state of
the premises before development, the area shall be provided with an
adequate approved planting plan to provide a belt of screening within
the twenty-foot area.
F.
Interior roads and driveway location.
(1)
All roads and other accessways within the garden apartment
development shall be private roads constructed, paved and curbed to
a right-of-way width of not less than 26 feet. All such construction,
paving and curbing shall be completed in accordance with the subdivision
regulations of Manchester Township.
(2)
Driveways for ingress and egress for the project shall
not be located within 200 feet of an existing intersection or create
any hazardous conditions. Acceleration and deceleration lanes shall
be installed where a traffic hazard exists or where substantial traffic
congestion shall be created.
H.
Pinelands development credits. In the PB-1 and PRC-1 Zoning Districts,
Pinelands development credits shall be purchased and redeemed for
30% of all units, excluding up to 20% of the total project units that
are made affordable for low- and moderate-income households in accordance
with applicable state law. Units made affordable for low- and moderate-income
households that account for more than 20% of the total project units
shall purchase and redeem Pinelands development credits for 30% of
all such units.
[Added 11-13-2017 by Ord.
No. 17-025]
[Added 5-9-2005 by Ord. No. 05-017;
amended 9-8-2014 by Ord. No. 14-016; 7-13-2015 by Ord. No.
15-009]
A.
Definition of age-restricted affordable garden apartments.
One or more two- or three-story multifamily structures provided in
accordance with the development standards below. Access may be from
a common hall or individual entrances can be provided. Dwelling units
can be located back-to-back, adjacent, and/or on top of each other.
The sales price or rental rates shall be within the means of a low-
or moderate-income household as defined by the New Jersey Fair Housing
Act and the New Jersey Council on Affordable Housing in N.J.A.C. 5:94
and 5:95 et seq. The permanent residents shall be restricted to residents
who are at least 55 years of age or over; or in the case of a family
unit, at least one of whom is 55 years of age or over, provided, however,
no child 19 years of age or under may reside with an occupant. Age
requirements shall be in conformity with the United States Fair Housing
Act of 1988 P.L. 100-430 U.S.C. § 3601 et seq.
B.
Development standards.
(1)
Minimum lot size: five acres.
(2)
Maximum density: 16 units per gross acre. In addition to the 16 units per gross acre, one unit that is not required to be age-restricted in accordance with Subsection B above will be permitted for the residential use of the complex manager.
(3)
Minimum width of any garden apartment: 20 feet.
(4)
Minimum floor area per unit: 500 square feet.
(5)
Maximum floor area per unit: 1,200 square feet.
(6)
Maximum building height: 40 feet.
(7)
Maximum number of stories: three stories.
(8)
Minimum frontage: 80 feet.
(9)
Minimum front yard setback: 75 feet.
(10)
Minimum side yard setback: 25 feet.
(11)
Minimum rear yard setback: 50 feet.
(12)
Maximum number of units per structure: 85 units.
C.
Off-street parking requirements. Off-street parking
shall be provided in accordance with the residential site improvement
standards, N.J.A.C. Title 5, Chapter 21.
D.
Landscaping and buffer requirements. All areas not
used for the construction of buildings, recreation facilities, roads,
accessways, drainage or detention facilities, parking areas or sidewalks
shall be landscaped, grassed or left with natural vegetation. Where
a boundary line abuts a lot in a residential zone, which lot is not
owned by the developer, there shall not be cut, uprooted, destroyed
or taken away any existing trees, shrubbery or other planting within
the area of 25 feet inside the boundary line of the property abutting
a residential lot, except where necessary to provide a minimum cleared
area of 10 feet from any building. If no adequate trees, shrubs or
planting exists in the twenty-five-foot area in the natural state
of the premises before development, the area shall be provided with
an adequate approved planting plan to provide a belt of screening
within the twenty-five-foot area consisting of at least a double row
of staggered evergreens, five feet on center, and at least four feet
in height.
E.
Open space and recreation requirements. Open space and recreational facilities shall be provided in accordance with § 245-82G, Open space and recreation requirements, with the following exceptions:
(1)
Amount of open space required. The amount of open
space proposed shall be at least 25% of the gross tract area. The
open space in the age-restricted community may include easements and
detention basins but shall not include freshwater wetlands and wetlands
transition areas, floodplains, floodways, steep slopes of 15% or greater,
buildings, and parking lots.
(2)
Recreational facilities. The open space within the
low-income garden apartment complex shall consist of passive recreational
areas suitable for activities such as nature walks, park and picnicking
areas, game tables, and observation areas. Additional site amenities
may include recreational activities suitable to the development residents.
F.
Document submission. In conjunction with any application pursuant to this section, the applicant shall submit a copy of the proposed declaration of restrictive and protective covenants implementing the provisions of Subsection B to be recorded by the applicant as an encumbrance upon the site to the Planning Board for review.
In order to preserve and protect natural woodlands,
waterways and further to afford open space area for future residents,
and concurrent with residential development in a major subdivision,
the lot size of one or more lots may be reduced to less than 40,000
square feet and have a width of less than 200 feet, but in no event
shall any lot be less than 25,000 square feet in area and have a width
of lot less than 150 feet except in the PR-A and PR-40 Zones, where
lots may be reduced in size to 20,000 square feet with a width of
no less than 125 feet, if the following conditions and regulations
are met. The cluster development provision shall in no case apply
to the PPA or PFA-R, BVR-40, or PFA-S Districts.
A.
Plat map. The subdivider shall submit a plat map showing the development according to the requirements of the R-40 Zone regulations contained in Schedule A, Zoning Districts Schedule, § 245-31B, and another plat map showing the development as modified in accordance with this subsection.
B.
Approval. All lands shall be dedicated to a homeowners'
association, and the approving agency shall condition final approval
upon the establishment of a homeowners' association.
C.
Dedication of open space. All open space areas of
the tract being subdivided shall be dedicated and conveyed by the
owner, in fee simple absolute, by a good and sufficient deed.
D.
Application requirement. All approvals for such major
subdivisions as permitted hereunder, together with the standards of
dedication and sanitary approval, shall be in accordance with the
subdivision regulations of this chapter.
E.
Density regulation. In no event shall the density
of development of the entire subdivision tract exceed the exact number
of dwelling units that would have been permitted to be built if such
development had proceeded on the basis of 40,000 square feet per lot
with a width of not less than 200 feet.
[Amended 12-17-2007 by Ord. No. 07-051]
Freestanding car wash facilities subject to
the following:
A.
All the requirements of the HD Zones.
B.
Recognizing that the principal building used in a
car wash is generally of uniform design allowing for one or two bays
and office and storage area, no such principal building when permitted
shall be built and used unless it has a minimum of 2,500 square feet.
C.
Such use shall provide adequate stacking area for
a minimum of 25 cars per bay or washing aisle on use property. The
stacking system shall in no way hinder or impair normal traffic flow
on roads or traffic flow on adjoining property.
D.
The percent of land coverage shall be limited to 20%.
Animal hospitals are subject to the following:
A.
Purpose. Recognizing the need for senior citizen housing
which provides more comprehensive facilities for senior citizens who
require a more organized program of support services as an alternative
to planned retirement communities, senior citizen light care centers
are permitted in any RC Retirement Community or WTRC Whiting Town
Retirement Community Zone, subject to the following conditions and
the issuance of a building permit or permits by the Construction Official
subsequent to the issuance of a conditional use permit by the approving
agency.
[Amended 8-14-2000 by Ord. No. 00-019]
B.
Definition of a senior light care center. A "senior
citizen light care center," hereinafter referred to as an "LCC," is
defined as an undivided parcel of land having a contiguous total acreage
of at least 50 acres and developed as an integrated system of congregate
housing units supported by common management or control through which
support functions such as recreation, entertainment, meals, linen
and cleaning services and other types of services are provided and
made available to the permanent residents of the LCC. Ownership of
the residential units may be in any form recognized under the laws
of the State of New Jersey. The permanent residents of said LCC shall
be restricted to residents who are at least 55 years of age or over;
or in the case of a family unit, at least one of whom is 55 years
of age or over; provided, however, no child 19 years of age or under
may reside with an occupant. Age requirements shall be in conformity
with the United States Fair Housing Act of 1988, P.L. 100-430, U.S.C. § 3601
et seq.
C.
Uses required and permitted.
(1)
Attached single-family dwelling unit within the same
building, hereinafter referred to as a "multiple dwelling," but no
more than 16 such units in any one building; and/or
(2)
Senior citizen recreational and cultural facilities
for the sole use of the residents of the LCC and their guests, including
the following: recreation building, including common dining facilities,
infirmary facility and commercial convenience center (the "recreation
building"), shuffleboard courts and active and passive recreation
area. Recreational and cultural facilities shall not be limited to
the foregoing, so that an applicant may propose additional facilities
with its submission for a conditional use permit. All such facilities
shall be subordinated to the residential character of the area.
D.
Age of residents. The permanent residents of said
LCC shall be restricted to residents who are at least 55 years of
age or over or, in the case of a family unit, at least one of whom
is 55 years of age or over; provided, however, no child 19 years of
age or under may reside with an occupant. Age requirements shall be
in conformity with the United States Fair Housing Act of 1988, P.L.
100-430, U.S.C. § 3601 et seq.
E.
Design criteria.
(1)
Minimum tract size: 50 acres.
(2)
Maximum density for a LCC shall be eight units per
gross acre; provided, however, that there shall be aggregate open
space maintained by an LCC of not less than 50% of the gross area
of the tract on which the LCC is developed.
(3)
Minimum setback distance: 75 feet from all existing
state and county major arterial roads.
(6)
Private street. For purposes of this section, the
term "private street" shall mean any internal street designed and
installed as part of the LCC whose purpose is to provide: access between
buildings and facilities of the LCC; and ingress and egress to and
from the LCC, which streets shall be owned and maintained by the owner
and management of the LCC and not be dedicated to public use. All
internal streets of the LCC shall be private streets.
(7)
Minimum width of any LCC unit: 16 feet.
(8)
Minimum floor area per unit: 400 square feet. Any
unit comprised of 600 square feet or less shall be limited to one
permanent resident; provided, however, that not more than 25% of the
total number of units approved in an LCC shall be comprised of less
than 600 square feet of floor area.
(9)
Maximum floor area per unit: 1,200 square feet.
(10)
Maximum building height: 35 feet.
(11)
Maximum number of stories: 2 1/2. If two stories
are proposed, the buildings comprising the LCC shall contain full-service
elevators and be of barrier-free design.
(12)
Minimum number of units per building: eight.
(13)
Maximum number of units per building: 16.
(14)
The minimum distance between buildings shall
be as follows:
(a)
For multifamily buildings oriented essentially
at 90° to each other, the minimum distance between same shall
be 20 feet minimum.
(b)
For multifamily dwellings oriented essentially
end to end to each other, the minimum distance between same shall
be 25 feet minimum.
(c)
For multifamily dwellings oriented essentially
with parallel axis facing each other, the minimum distance between
same shall be 40 feet minimum.
(15)
No exterior wall of any multifamily building
shall contain more than 60 feet in one linear plane.
(16)
No portion of any dwelling unit shall be lower
than the outside finished grade. No depressed siting shall permitted.
(17)
All areas of an LCC not used for the construction
of buildings, roads, accessways, parking areas or sidewalks shall
be either landscaped, grassed or left with natural vegetation preexisting
development of the site.
(18)
The LCC shall be served by a central water system
and central sanitary sewage approved by the Manchester Township Division
of Utilities.
[Amended 6-9-2008 by Ord. No. 08-020]
(19)
Buffer areas for an LCC shall be provided as
follows:
(a)
There shall be provided a fifty-foot buffer
area when the LCC abuts a nonresidential zone or use, or a state highway.
This fifty-foot buffer area shall not be used in computing any setbacks
but may be used for the drainage system of the LCC
(b)
There shall be provided a thirty-foot buffer
area when the LCC abuts a residential zone or use, or a county or
municipal arterial road. This thirty-foot buffer area may be used
in computing required setbacks.
(20)
All on-site and off-site drainage shall be provided
for in accordance with the Township Master Storm Drainage Plan and
applicable Township regulations pertaining to subdivision of lands.
(21)
The primary or main entrance to the LCC shall
be located on a major arterial road.
(22)
At least 50% of the frontage of the LCC shall
be located on a major state or county arterial road, or a municipal
road having 40 feet of paved surface and a right-of-way of 72 feet.
(23)
Meals. Any LCC operating pursuant to this section
shall offer three meals a day to all of its residents at all times.
Meals may be offered in shifts or separate-seating basis, provided
that each meal shall be offered at times within the following time
period schedules:
|
Meal
|
Not Earlier Than
|
Not Later Than
| |
|---|---|---|---|
|
Breakfast
|
6:30 a.m.
|
11:00 a.m.
| |
|
Lunch
|
11:30 a.m.
|
3:00 p.m.
| |
|
Dinner
|
4:00 p.m.
|
8:00 p.m.
|
(24)
All identification signs, entrance signs and
traffic control signs shall be designed to be aesthetically compatible
with the design of the LCC and shall be shown on the site plan submitted
to the Planning Board.
(25)
The LCC shall include a system of walking trails
of an aggregate linear length of not less than 2,000 feet and shall
be cleared and graded to facilitate pedestrian passage by elderly
persons.
(26)
The LCC shall provide for security guard service,
smoke and fire alarms, and an emergency signaling system to which
all units are connected to a central monitoring location.
F.
Recreation building. The recreation building shall
contain provisions for the following:
(1)
An area of not less than 150 square feet which shall
be used as a commercial convenience center for the exclusive benefit
of the residents of the LCC for purchase of personal hygiene aids,
sundries and reading materials.
(2)
All-purpose rooms (exclusive of areas set aside for
dining) which in the aggregate shall comprise not less than three
square feet per unit contained in the LCC.
(3)
Dining areas and facilities sized to accommodate not
less than 1/3 of the total number of residents of the LCC at one time,
utilizing an area ratio of not less than three square feet per unit
contained in the LCC.
(4)
An area of not less than 200 square feet, which shall
be used as an infirmary for the benefit of the residents of the LCC
for dispensing nonprescription medicines, oxygen and providing emergency
services and shall be staffed by a licensed practical nurse.
(5)
A storage area adequately sized for storage of maintenance
equipment and supplies necessary for the operation and maintenance
of the LCC other than in the recreation building.
(6)
The recreation building shall have a separate parking
area with a capacity equal to one vehicle for every eight units in
the LCC; provided, however, that the requirement may be waived by
the approving agency where the applicant proposes, as part of the
LCC, to provide: an adequate system of covered walkways; and internal
transportation between residential buildings and the recreation building.
(7)
The recreation building may be constructed in stages, provided that adequate interim facilities are provided for dining in accordance with Subsections E(23) and F(3); and the recreation building is completed for occupancy not later than the date upon which a certificate of occupancy is issued for the 100th unit in the LCC.
(8)
In the event that a unit-owners' association is created
by the owner of the LCC for the management and operation of the LCC,
the recreation building and any other recreational facilities shall
be conveyed to such association, upon commencement of management and
operation of the LCC by said association.
G.
Off-street parking requirements.
(1)
There shall be one parking space for every unit in
an LCC for residential parking.
(2)
In addition to the residential parking provided pursuant to Subsection G(1), there shall be one parking space provided for every three units in an LCC for guest and employee parking.
(3)
Off-street parking areas shall be provided on the site sufficient to provide storage or parking for the number of vehicles required pursuant to Subsection G(1) and (2) and shall be developed and maintained in accordance with the following:
(a)
Parking area shall be used for automobile parking
only with no sale of automobiles, dead storage of automobiles, repair
work, dismantling or services of any kind.
(b)
Parking areas shall be paved and provided with
an adequate system of stormwater drainage.
(c)
No off-street parking areas shall be located
nearer than 25 feet from any adjoining property.
H.
Landscaping and buffer requirements. All areas of
a LCC not used for the construction of buildings, recreation facilities,
roads, accessways, drainage or detention facilities, parking areas
or sidewalks shall be landscaped, grassed or left with natural vegetation.
Where a LCC boundary line abuts a lot in a residential zone which
lot is not owned by the developer, there shall not be cut, uprooted,
destroyed or taken away any existing trees, shrubbery or other planting
within the area of 25 feet inside the boundary line of the LCC abutting
a residential lot, except where necessary to provide a minimum cleared
area of 10 feet from any building in the LCC. If no adequate trees,
shrubs or planting exists in the twenty-five-foot area in the natural
state of the premises before development, the area shall be provided
with an adequate approved planting plan to provide a belt of screening
within the twenty-five-foot area consisting of at least a double row
of staggered evergreens, five feet on center and at least four feet
in height.
I.
Document submission. In conjunction with any application for a conditional use permit for an LCC pursuant to this section, the applicant shall submit a copy of the proposed declaration of restrictive and protective covenants implementing the provisions of Subsection B to be recorded by the applicant as an encumbrance upon the site of the LCC to the Planning Board for review.
J.
No municipal responsibility for operations. Neither
the provisions of this section, nor the granting of a conditional
use permit, subdivision or site plan approval for an LCC shall be
deemed to render the Township liable or responsible for the interpretation
or enforcement of any agreement between the applicant, owner or operator
of an LCC and any resident(s) thereof; or the review, supervision
or control of the operation of an LCC or any phase thereof; nor the
supplying of any services of any kind involving utilities; except
that the Township shall retain the right to enforce terms and provisions
of this chapter and any other regulations and ordinances of the Township
of Manchester having jurisdiction thereover.
K.
Emergency services review. As part of the application
for a conditional use permit for an LCC under this section, the applicant
shall submit a full copy of such application for review and comment
to the fire department serving the area in which the LCC is proposed
to be located; and the Manchester First Aid Squad. Said entities shall
be required to submit a report on the application to the approving
agency prior to the hearing.
A.
Permitted. Townhouses may be permitted in all CAFRA Zoning Districts
except for R-40, R-20, R-15, R-14, R-10, R-10A, and B-1 Districts.
Townhouses may be permitted in all Pinelands Zoning Districts except
for PPA, PFA-S, PFA-R, PR-A, PED-1, PED-9, PR-15, WTRA, PR-40, BVR-40,
and WTR-40 districts. Townhouses shall be subject to the conditions
as specified below:
[Amended 11-14-2016 by Ord. No. 16-036; 2-13-2017 by Ord. No. 17-002; 11-13-2017 by Ord. No. 17-024; 11-13-2017 by Ord. No. 17-025]
(1)
Minimum lot size: 10 acres.
(2)
The maximum density for townhouses is eight units per gross acre.
(4)
Minimum width of any townhouse shall be 20 feet.
(5)
Minimum floor area per unit: 600 square feet.
(6)
Maximum building height: same as underlying zone.
(7)
Maximum number of stories: same as underlying zone.
(8)
Maximum number of units per structure: eight.
(9)
Maximum number of eight-unit structures shall not
be more than 20% of all residential structures included in the townhouse
development.
(10)
Minimum distance between buildings shall be
as follows:
(a)
For townhouse dwellings oriented essentially
at 90° to each other, the minimum distance between same shall
be 30 feet or one times the maximum height of the building, whichever
is greater.
(b)
For townhouse dwellings oriented essentially
end-to-end to each other, the minimum distance between same shall
be 30 feet minimum or 1.5 times the maximum height of the buildings,
whichever is greater.
(c)
For townhouse dwellings oriented essentially
with parallel axis facing each other, the minimum distance between
same shall be 50 feet or 2.5 times the maximum height of the buildings,
whichever is greater.
(11)
No portion of any dwelling unit shall be lower
than the outside finished grade. No depressed siting shall be permitted.
B.
Recreation requirement.
(1)
A playground area or areas shall be provided at the
rate of 500 square feet per four dwelling units. A swimming pool of
1,500 square feet minimum size shall be provided, outdoor play equipment
shall be installed in each outdoor playground in sufficient amount
and variety to service the occupants of the project. At least one
tennis court shall be provided for every 50 acres. No certificate
of occupancy shall be issued until recreation areas are completed.
(2)
All areas of a townhouse development not used for
the construction of buildings, roads, accessways, parking areas or
sidewalks shall be fully landscaped or grassed.
C.
Off-street parking requirements.
(1)
There shall be two parking spaces for every dwelling
unit.
(2)
Garage facilities or off-street parking areas shall
be provided on the lot sufficient to provide storage or parking for
a number of vehicles equal to not less than twice the number of dwelling
units, and shall be developed and maintained in accordance with the
following:
(a)
Garages and parking area shall be used for automobile
parking only with no sale of automobiles, dead storage of automobiles,
repair work, dismantling or servicing of any kind.
(b)
Parking areas shall be paved and curbed and
provided with an adequate system of stormwater drainage.
(c)
No garages or off-street parking areas shall
be located neared than five feet from any adjoining property line.
(d)
No garages or off-street parking areas shall
be located between the main building or buildings and the street line
on which the building(s) fronts.
(e)
Where the rear or side yard of a lot abuts on
a street, no garage or off-street parking area shall be located nearer
than 25 feet from such street line.
(f)
No parking area may be place closer to a building
than 12 feet. No parking shall be permitted on any access road within
the townhouse development.
(g)
All garage walls facing any street shall be
screened from street view by dense evergreen planting or hedge planting
at least six feet in height, maintained in good condition.
(h)
All off-street parking shall be efficiently
screened along all side and rear lot lines, by a six-foot-high wood
or wire fence landscaped with dense evergreen planting, or a dense
evergreen shrub or hedge screening at least six feet in height maintained
in good condition.
D.
Utility requirements.
(1)
Utilities for all townhouse developments. The applicant
for the site plan approval shall arrange with the serving utility
for the underground installation of the utilities distribution supply
lines and service connections in accordance with the provisions of
the applicable standard terms and conditions incorporated as part
of its tariff on file with the State of New Jersey Board of Public
Utility Commissioners.
(2)
All townhouse projects shall be served by public sewer
in accordance with the requirements of the Manchester Township Division
of Utilities.
[Amended 6-9-2008 by Ord. No. 08-020]
E.
Landscaping and buffer requirements. All areas of
a townhouse development not used for the construction of buildings,
roads, accessways, parking areas or sidewalks shall be fully landscaped,
and/or grassed. Where a townhouse development boundary line abuts
a lot in a residential zone, no existing trees, shrubbery or other
planting within the area of 20 feet inside the boundary line of the
townhouse development abutting a residential lot shall be cut, uprooted,
destroyed, or taken away. If no adequate trees, shrubs or planting
exists in the twenty-foot area in the natural state of the premises
before development, the area shall be provided with an adequate approved
planting plan to provide a belt of screening within the twenty-foot
area.
F.
Interior roads and driveway location.
(1)
All roads and other accessways within the townhouse
development shall be private roads constructed, paved and curbed to
right-of-way width of not less than 26 feet. All such construction,
paving and curbing shall be completed in accordance with the subdivision
regulations of Manchester Township.
(2)
Driveways for ingress and egress for the project shall
not be located within 200 feet of an existing intersection or create
any hazardous conditions. Acceleration and deceleration lanes shall
be installed where a traffic hazard exists or where substantial traffic
congestion shall be created.
H.
Association required. Any applicant requesting a townhouse
project approval shall provide for the creation of an association.
Such documents creating the association shall specifically provide
for the association to have responsibility for maintenance for all
common areas and shall provide for assurances that the Township shall
in no way be held responsible for and shall be held harmless for the
cost of maintenance of the common elements.
I.
Affordable housing requirement. The applicant shall provide for a
twenty-percent inclusionary component or such other requirement that
is in effect in accordance with a court-approved housing plan or a
housing plan approved by the New Jersey Council on Affordable Housing
(COAH) at the time of final site plan approval. The type, construction
and distribution of affordable housing units shall conform to the
regulations in effect by COAH, by the Department of Community Affairs
or such other state agency designated as the regulatory agency for
affordable housing and affordable housing construction in New Jersey
at the time of the issuance of the first building permit for the development.
[Added 11-14-2016 by Ord.
No. 16-036; amended 2-13-2017 by Ord. No. 17-002; 11-13-2017 by Ord. No. 17-024]
J.
Pinelands development credits. In the PB-1, POR-LI and PRC-1 Zoning
Districts, Pinelands development credits shall be purchased and redeemed
for 30% of all units, excluding up to 20% of the total project units
that are made affordable for low- and moderate-income households in
accordance with applicable state law. Units made affordable for low-
and moderate-income households that account for more than 20% of the
total project units shall purchase and redeem Pinelands development
credits for 30% of all such units.
[Added 11-13-2017 by Ord.
No. 17-025]
A.
Permitted in WTRC, RC and RA Zones. Recognizing the need for more
comprehensive and continuing care of senior citizens through proper
housing and supportive services, including medical assistance; treatment
and total health and nursing care; recreational activities; community
center; dining area; and related facilities and services; continuing
care facilities for the elderly are permitted in any residential WTRC,
RC and RA zones, subject to the following conditions.
[Amended 11-14-2016 by Ord. No. 16-036; 2-13-2017 by Ord. No. 17-002; 11-13-2017 by Ord. No. 17-024]
B.
Definition of a continuing care facility for the elderly.
Said facility is defined as an undivided parcel of land having a contiguous
total acreage of at least 30 acres and developed as an integrated
system of congregate housing units supported by common management
or control through which support functions such as recreation, entertainment,
nursing, community center and medical assistance, treatment and total
health care and nursing home care and other related facilities and
services and other types of services are provided. Ownership of the
residential units may be in any form recognized under the laws of
the State of New Jersey.
C.
Uses required and permitted.
(1)
Attached single-family dwelling unit within the same
building, hereinafter referred to as a "multiple dwelling," but no
more than 40 such units in a one-story building or 80 such units in
a two-story building and in addition to such dwelling units;
(2)
Senior citizen recreational and cultural facilities
for the sole use of the residents of the facility and their guests,
including the following: recreation building, including common dining
facilities, community center, recreational and cultural activities,
medical assistance, treatment and total health care facilities. Recreational,
cultural and health facilities shall not be limited to the foregoing,
so that an applicant may propose additional facilities with its submission
for a conditional use permit. All such facilities shall be in harmony
with the residential character of the area.
(3)
The continuing care facility for the elderly shall
include extended health care facilities for medical assistance and
treatment and total health care, including health care similar to
that within a nursing home facility which may serve the public, but
priority shall be given to the residents of the facility on the following
basis, to wit:
(a)
Within five years of occupancy of the first
residential unit, at least 70% of the occupants of the extended health
care facility will be drawn exclusively from the sponsoring continuing
care facility.
(b)
After five years of occupancy of the first residential
unit, no more than 30% of the occupants of the extended health care
facility may be drawn from outside the continuing care facility and,
of this group, at least 35% must be Medicaid-eligible persons.
D.
Age of residents. The permanent residents of said
facility for the elderly shall be restricted to residents who are
at least 62 years of age or over; or in the case of a family unit,
at least one of whom is 62 years of age or over; provided, however,
no child 19 years of age or under may reside with an occupant. Age
requirements shall be in conformity with the United States Fair Housing
Act of 1988, P.L. 100-430, U.S.C. § 3601 et seq.
E.
Design criteria.
(1)
Minimum tract size: 30 acres.
(2)
Maximum density for such facility shall be 10 residential units per gross acre, exclusive of nursing home beds, except in the PRC-1 Zone, where the density standards of § 245-33W(1)(b) shall apply. In addition, an extended health care facility, not to exceed 20% of the residential units, shall be provided. There shall be aggregate open space maintained by the facility of not less than 50% of the gross area of the tract on which the facility is developed.
[Amended 5-29-2007 by Ord. No. 07-018]
(3)
Minimum setback distance: 75 feet from all existing
state and county major arterial roads.
(6)
Private street. For purposes of this section, the
term "private street" shall mean any internal street designed and
installed as part of the continuing care facility for the elderly
whose purpose is to provide access between buildings and facilities
of the continuing care facility; and ingress and egress to and from
the facility, which streets shall be owned and maintained by the owner
and management of the facility, and not to be dedicated to public
use. All internal streets of the continuing care facility shall be
private streets.
(7)
Minimum width of any continuing care facility unit:
16 feet.
(8)
Minimum floor area per unit: 420 square feet. Any
unit comprised of 550 square feet or less shall be limited to one
permanent resident. No more than 25% of the total number of units
approved in a facility shall be comprised of 550 square feet or less
of floor area.
(9)
Maximum floor area per unit: 1,200 square feet.
(10)
Maximum building height: 35 feet.
(11)
Maximum number of stories: 2 1/2. If two stories
are proposed, the buildings comprising the continuing care facility
shall contain full-service elevators and be of barrier-free design.
(12)
Minimum number of units per building: eight.
(13)
Maximum number of units per building: 40 for
one-story buildings and 80 for two-story buildings.
(14)
The minimum distance between buildings shall
be as follows:
(a)
For multifamily buildings oriented essentially
at 90° to each other, the minimum distance between same shall
be 30 feet minimum.
(b)
For multifamily dwellings oriented essentially
end to end to each other, the minimum distance between same shall
be 30 feet minimum.
(c)
For multifamily dwellings oriented essentially
with parallel axis facing each other, the minimum distance between
same shall be 40 feet.
(15)
No exterior wall of any multifamily building
shall contain more than 60 feet in one linear plane.
(16)
No portion of any dwelling unit shall be lower
than the outside finished grade. No depressed siting shall be permitted.
(17)
All areas of a continuing care facility not
used for the construction of buildings, roads, accessways, parking
areas or sidewalks shall be either landscaped, grassed or left with
natural vegetation preexisting development of the site.
(18)
The continuing care facility shall be served
by a central water system and central sanitary sewage approved by
the Manchester Township Division of Utilities.
[Amended 6-9-2008 by Ord. No. 08-020]
(19)
Buffer areas for a continuing care facility
shall be provided as follows:
(a)
There shall be provided a fifty-foot buffer area when the facility abuts a nonresidential zone or use; or a state highway. This fifty-foot buffer area shall not be used in computing any setbacks. The buffer area shall remain undisturbed as per Subsection H.
(20)
All on-site and off-site drainage shall be provided
for in accordance with the Township Master Storm Drainage Plan and
applicable Township regulations and ordinances pertaining to subdivision
of lands.
(21)
The continuing care facility shall be located on an arterial
roadway as identified in the Master Plan.
[Amended 11-14-2016 by Ord. No. 16-036; 2-13-2017 by Ord. No. 17-002; 11-13-2017 by Ord. No. 17-024]
(22)
At least 50% of the frontage of the continuing
care facility shall be located on a major state or county arterial
road; however, a municipal road having a minimum 36 feet of paved
surface and a minimum right-of-way of 60 feet may be substituted for
the state or county road.
(23)
Meals. Any continuing care facility operating
pursuant to this section shall offer three meals a day to all of its
residents at all times. Meals may be offered in shifts or separate-seating
basis, provided that each meal shall be offered at times within the
following time period schedules:
|
Meal
|
Not Earlier Than
|
Not Later Than
| |
|---|---|---|---|
|
Breakfast
|
6:30 a.m.
|
10:00 a.m.
| |
|
Lunch
|
11:30 a.m.
|
1:30 p.m.
| |
|
Dinner
|
4:00 p.m.
|
7:00 p.m.
|
(24)
All identification signs, entrance signs and
traffic control signs shall be designed to be aesthetically compatible
with the design of the continuing care facility and shall be shown
on the site plan submitted to the Planning Board.
(25)
The continuing care facility shall include a
system of walking trails of an aggregate linear length of not less
than 2,000 feet and shall be cleared and graded to facilitate pedestrian
passage by elderly persons.
(26)
The continuing care facility shall provide for
smoke and fire alarms, security guard service, and central monitoring
emergency signaling system to be connected to all units.
F.
Recreation building. A recreation building shall be
provided which contains provisions for the following:
(1)
An area of not less than 500 square feet which shall
be used as a commercial convenience center for the exclusive benefit
of the residents of the continuing care facility for purchase of personal
hygiene aids, sundries and reading materials.
(2)
All-purpose rooms (exclusive of areas set aside for
dining) which in the aggregate shall comprise not less than six square
feet per unit contained in the continuing care facility.
(3)
Dining areas and facilities sized to accommodate not
less than 1/2 of the total number of residents of the continuing care
facility at one time utilizing an area ratio of not less than 12 square
feet per person.
(4)
A storage area adequately sized for storage of maintenance
equipment and supplies necessary for the operation and maintenance
of the continuing care facility. If more than one storage area is
proposed to be provided, any additional storage areas may be located
within the continuing care facility other than in the recreation building.
The storage area may be located outside the recreation building if
a separate on-site maintenance building is proposed.
(5)
The facility shall provide an adequate system of covered
walkways and internal transportation between residential buildings
and the recreation building.
(6)
The recreation building shall be completed prior to
issuance of the first certificate of occupancy for any unit on site.
G.
Off-street parking requirements.
(1)
There shall be one parking space for every unit in
a continuing care facility for residential parking.
(2)
In addition to the residential parking provided pursuant to Subsection G(1), there shall be one parking space provided for every two units in the continuing care facility for guest parking and there shall be provided two parking spaces for every three employees employed by the continuing care facility.
(3)
Off-street parking areas shall be provided on the site sufficient to provide storage or parking for the number of vehicles required pursuant to Subsection G(1) and (2), and shall be developed and maintained in accordance with the following:
(a)
Parking area shall be used for automobile parking
only with no sale of automobiles, dead storage of automobiles, repair
work, dismantling or services of any kind.
(b)
Parking areas shall be paved and provided with
an adequate system of stormwater drainage.
(c)
No off-street parking areas shall be located
in any buffer zone.
H.
Landscaping and buffer requirements. All areas of
a continuing care facility not used for the construction of buildings,
recreation facilities, roads, accessways, drainage or detention facilities,
parking areas or sidewalks shall be landscaped, grassed or left with
natural vegetation. Where a continuing care facility boundary line
abuts a lot in a residential zone, there shall not be cut, uprooted,
destroyed or taken away any existing trees, shrubbery or other planting
within the required buffer area. If inadequate trees, shrubs or planting
exists within the required buffer area in the natural state of the
site before development, the area shall be provided with an adequate
approved planting plan to provide a belt of screening within the required
buffer area consisting of at least a double row of staggered evergreens,
five feet on center and at least four feet in height.
I.
Document submission. In conjunction with any application for a conditional use permit for a continuing care facility pursuant to this section, the applicant shall submit a copy of the proposed declaration of restrictive and protective covenants implementing the provisions of Subsection B to be recorded by the applicant as an encumbrance upon the site of the facility with the approving agency for review prior to recording of same.
J.
No municipal responsibility for operations. Neither
the provisions of this section, nor the granting of a conditional
use permit, subdivision or site plan approval for a continuing care
facility shall be deemed to render the Township liable or responsible
for: the interpretation or enforcement of any agreement between the
applicant, owner or operator of a continuing care facility and any
resident(s) thereof, or the review, supervision or control of the
operation of a continuing care facility or any phase thereof, nor
the supplying of any services of any kind including but limited to
utilities; except that the Township shall retain the right to enforce
terms and provisions of this chapter and any other regulations and
ordinances of the Township of Manchester.
K.
Emergency services review. As part of the application
for a conditional use permit for a continuing care facility under
this section, the applicant shall submit a full copy of such application
for review and comment to the fire department serving the area in
which the continuing care facility is proposed to be located, and
the first aid squad serving that area. Said entities shall be required
to submit a report on the application to the approving agency prior
to any hearing on the application.
[Amended 3-23-1998 by Ord. No. 98-008]
A.
Purpose.
(1)
The
purpose of these regulations for the siting of wireless telecommunications
towers and antennas is to:
(a)
Protect residential areas and land uses from potential adverse impacts
of towers and antennas;
(b)
Encourage the location of towers in appropriate locations;
(c)
Minimize the total number of towers throughout the Township;
(d)
Strongly encourage the joint use of approved tower facilities as
a primary option rather than construction of new or additional single-use
towers;
(e)
Encourage users of towers and antennas to locate them, to the extent
possible, in areas where the adverse impact on the community is minimal;
(f)
Encourage users of towers and antennas to configure them in a way
that minimizes the adverse visual impact of the towers and antennas
through careful design, siting, landscape screening, and innovative
camouflaging techniques;
(g)
Enhance the ability of the providers of telecommunications services
to provide such services to the community quickly, effectively, and
efficiently;
(h)
Consider the public health and safety of communication towers; and
(i)
Avoid potential damage to adjacent properties from tower failure
through engineering and careful siting of tower structures.
(2)
In
furtherance of these goals, Manchester Township shall give due consideration
to the Township Master Plan, Zoning Map, existing land uses, and environmentally
sensitive areas in approving sites for the location of towers and
antennas.
B.
Nonapplicability to amateur radio stations and to
receive-only antennas. The provisions of this section shall not govern
any antenna that is owned and operated by a federally licensed amateur
radio station operator or is used exclusively as a receive-only antenna
in accordance with Federal Communications Commission regulations.
C.
Antennas and towers permitted on Township property.
Wireless communications towers and antennas which are located on property
owned, leased, or otherwise controlled by the Township of Manchester
and which are approved by the Township Council, shall be deemed to
be permitted as a municipal facility in any zone district other than
the PPA, PFA-R, PFA-S and BVR-40 Zone.
[Amended 2-22-1999 by Ord. No. 99-001; 7-26-1999 by Ord. No.
99-026; 5-22-2000 by Ord. No. 00-15]
D.
Antennas and towers which are not municipal facilities.
Wireless telecommunications towers and antennas may be permitted on
nonmunicipal property in the zones specified on the Schedules E and
G, Permitted and Conditional Uses,[1] upon submission and approval of a site plan and conditional
use permit in accordance with the regulations set forth below:
(1)
General requirements.
(a)
Principal or accessory use. Wireless telecommunications
towers and antennas may be considered either principal or accessory
uses. A different existing use of an existing structure on the same
lot shall not preclude the installation of an antenna or tower on
such lot.
(b)
Lot size. For purposes of determining whether
the installation of a tower or antenna complies with district development
regulations, including but not limited to setback requirements, lot-coverage
requirements, and other such requirements, the dimensions of the entire
lot shall control, even though the antennas or towers may be located
on leased parcels within such lot.
(c)
Inventory of existing sites. Each applicant
for an antenna and/or tower shall provide to the Township as part
of the application an inventory of its existing towers, antennas,
or sites approved for towers or antennas, that are either within the
jurisdiction of Manchester Township or within one mile of the border
thereof, including specific information about the location, height,
and design of each tower. The Township may share such information
with other applicants applying for approvals under this section or
other organizations seeking to locate antennas within the jurisdiction
of Manchester Township; provided, however, that the Township is not,
by sharing such information, in any way representing or warranting
that such sites are available or suitable.
(d)
Aesthetics. Towers and antennas shall meet the
following requirements:
[1]
Towers shall either maintain a galvanized steel
finish or, subject to any applicable standards of the FAA, be painted
a neutral color so as to reduce visual obtrusiveness.
[2]
At a tower site, the design of the buildings
and related structures shall, to the extent possible, use materials,
colors, textures, screening, and landscaping that will blend them
into the natural setting and surrounding buildings.
[3]
If an antenna is installed on a structure other
than a tower, the antenna and supporting electrical and mechanical
equipment must be of a neutral color that is identical to, or closely
compatible with, the color of the supporting structure so as to make
the antenna and related equipment as visually unobtrusive as possible.
(e)
Lighting. Towers shall not be artificially lighted,
unless required by the FAA or other applicable authority. If lighting
is required, the lighting alternatives and design chosen must cause
the least disturbance to the surrounding views.
(f)
Federal and Pinelands Management Plan requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate towers and antennas. In the Pinelands Area, all towers outside the Ridgeway Regional Growth Area and Whiting Town Zoning Districts shall comply with the standards for local communications facilities in § 245-32A(2)(c), Pinelands Area general development regulations, height limitations.
[Amended 2-22-1999 by Ord. No. 99-001; 5-22-2000 by Ord. No.
00-15]
(g)
Uniform Construction Code; safety standards.
To ensure the structural integrity of towers, the owner of a tower
shall ensure that it is maintained in compliance with standards contained
in applicable state and municipal codes including the New Jersey Uniform
Construction Code and the applicable standards for towers that are
published by the Electronic Industries Association, as amended from
time to time. If, upon inspection, the Township concludes that a tower
fails to comply with such codes and standards and constitutes a danger
to persons or property, then upon notice being provided to the owner
of the tower, the owner shall have 30 days to bring such tower into
compliance with such standards. Failure to bring such tower into compliance
within said 30 days shall constitute grounds for the removal of the
tower or antenna at the owner's expense.
(h)
Measurement. For purposes of measurement, tower
setbacks and separation distances shall be calculated and applied
to facilities located in Manchester Township irrespective of municipal
and county jurisdictional boundaries.
(i)
Franchises. Owners and/or operators of towers
or antennas shall certify that all franchises required by law for
the construction and/or operation of a wireless communication system
in Manchester Township have been obtained and shall file a copy of
all required franchises with the Township.
(j)
Public notice. For purposes of this section, any variance request or request for site plan approval shall require public notice to all abutting property owners and all property owners of properties that are located within the corresponding separation distance listed in Subsection D(1)(s) in addition to any notice otherwise required by this chapter.
(k)
Signs. No advertising signs shall be allowed
on an antenna or tower.
(l)
Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of Subsection D(2).
(m)
Multiple antenna/tower plan. Manchester Township
encourages the users of towers and antennas to submit a single application
for approval of multiple towers and/or antenna sites. Applications
for approval of multiple sites shall be given priority in the review
process.
(n)
Maximum height.
[1]
The tower shall meet the following maximum height
and usage criteria:
[Amended 2-22-1999 by Ord. No. 99-001; 7-26-1999 by Ord. No.
99-026; 5-22-2000 by Ord. No. 00-15]
[a]
For a single user: up to 90 feet
in height;
[b]
For two users: up to 120 feet in
height; and
[c]
For three or more users: up to
150 feet in height; and
[d]
In the Pinelands Area, all towers
shall be designed so that their height may be increased to 200 feet
if necessary to accommodate the needs of other local communications
facilities in the future.
[2]
A licensed New Jersey professional engineer
must certify that the tower can structurally accommodate the number
of shared users proposed by the applicant.
(o)
Information required. In addition to any information
required for applications for site plan review pursuant to this chapter,
applicants for approval for a tower shall submit the following information:
[1]
A location plan drawn to scale and clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), Master Plan classification of the site and all properties within the applicable separation distances set forth in Subsection D(1)(s), adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, and parking.
[2]
Legal description of the parent tract and leased
parcel (if applicable).
[3]
The setback distance between the proposed tower
and the nearest residential unit, platted residentially zoned properties,
and unplatted residentially zoned properties.
[4]
The separation distance from other towers described in the inventory of existing sites submitted pursuant to Subsection D(1)(s) shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known.
[5]
A landscape plan showing specific landscape
materials.
[6]
Method of fencing, and finished color and, if
applicable, the method of camouflage and illumination.
[8]
A notarized statement by the applicant as to
whether construction of the tower will accommodate collocation of
additional antennas for future users.
[9]
Identification of the entities providing the
backhaul network for the tower(s) described in the application and
other cellular sites owned or operated by the applicant in the municipality.
[10]
A description of the suitability
of the use of existing towers, other structures or alternative technology
not requiring the use of towers or structures to provide the services
to be provided through the use of the proposed tower.
[11]
A description of the feasible
location(s) of future towers or antennas within the Township based
upon existing physical, engineering, technological or geographical
limitations in the event the proposed tower is erected.
[12]
For applications in the Pinelands
Area, a description of the relationship of the proposed tower to any
comprehensive plan for local communication facilities which has been
approved by the Pinelands Commission pursuant to N.J.A.C. 7:50-5.4(c),
Height Limitations.
[Amended 5-22-2000 by Ord. No. 00-015]
(p)
Factors considered in granting approval for
towers. In addition to any standards for consideration of site plans
pursuant to this chapter, the municipal agency shall consider at least
the following factors in determining whether to issue an approval:
[1]
Height of the proposed tower;
[2]
Proximity of the tower to residential structures
and residential district boundaries;
[3]
Nature of uses on adjacent and nearby properties;
[4]
Surrounding topography;
[5]
Surrounding tree coverage and foliage;
[6]
Design of the tower, with particular reference
to design characteristics that have the effect of reducing or eliminating
visual obtrusiveness;
[7]
Proposed ingress and egress; and
[8]
Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures, as discussed in Subsection D(1)(o)[10] of this section.
(q)
Availability of suitable existing towers, other
structures, or alternative technology. No new tower shall be permitted
unless the applicant demonstrates to the reasonable satisfaction of
the municipal agency that no existing tower, structure or alternative
technology that does not require the use of towers or structures can
accommodate the applicant's proposed antenna. An applicant shall submit
information requested by the municipal agency related to the availability
of suitable existing towers, other structures or alternative technology.
Evidence submitted to demonstrate that no existing tower, structure
or alternative technology can accommodate the applicant's proposed
antenna may consist of any of the following:
[1]
No existing towers or structures are located
within the geographic area which meet applicant's engineering requirements.
[2]
Existing towers or structures are not of sufficient
height to meet applicant's engineering requirements.
[3]
Existing towers or structures do not have sufficient
structural strength to support applicant's proposed antenna and related
equipment.
[4]
The applicant's proposed antenna would cause
electromagnetic interference with the antenna on the existing towers
or structures, or the antenna on the existing towers or structures
would cause interference with the applicant's proposed antenna.
[5]
The fees, costs, or contractual provisions required
by the owner in order to share an existing tower or structure or to
adapt an existing tower or structure for sharing are unreasonable.
Costs exceeding new tower development are presumed to be unreasonable.
[6]
The applicant demonstrates that there are other
limiting factors that render existing towers and structures unsuitable.
[7]
The applicant demonstrates that an alternative
technology that does not require the use of towers or structures,
such as a cable microcell network using multiple low-powered transmitters/receivers
attached to a wireline system, is unsuitable. Costs of alternative
technology that exceed new tower or antenna development shall not
be presumed to render the technology unsuitable.
(r)
Minimum required setback. The following minimum
setback requirements shall apply to all towers for which site plan
approval is required:
[1]
Towers must be set back a distance equal to
at least 100% of the height of the tower from any adjoining lot line,
but in no event shall the tower be located in the minimum required
yard area or buffer area of the zone district.
[2]
Guys and accessory buildings must satisfy the
minimum zoning district setback and buffer requirements.
(s)
Minimum separation requirement between uses.
The following separation requirements shall apply to all towers and
antennas for which site plan approval is required:
[1]
Separation from off-site uses/designated areas.
[a]
Tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/or designated areas as specified in Subsection D(1)(s)[2], below, except as otherwise provided.
[b]
Towers shall maintain a separation
distance of 200 feet or 300% of the tower height, whichever is greater,
from residential dwelling units or from lands zoned for residential
use.
[2]
Separation distances between towers. Separation
distances between towers shall be applicable for and measured between
the proposed tower and preexisting towers or other proposed towers.
The separation distances shall be measured by drawing or following
a straight line between the base of the existing tower and the proposed
base, pursuant to a site plan, of the proposed tower. The separation
distances (listed in linear feet) shall be as shown below in the table
of required separation distances between towers.
|
Required Separation
| ||||
|---|---|---|---|---|
|
Distances Between Wireless Communications
Towers
(in linear feet)
| ||||
|
Tower Type
|
Lattice
|
Guyed
|
Monopole 75 Feet in Height or Greater
|
Monopole Less Than 75 Feet in Height
|
|
Lattice
|
5,000
|
5,000
|
1,500
|
750
|
|
Guyed
|
5,000
|
5,000
|
1,500
|
750
|
|
Monopole 75 feet in height or greater
|
1,500
|
1,500
|
1,500
|
750
|
|
Monopole less than 75 feet in height
|
750
|
750
|
750
|
750
|
(t)
Security fencing. Towers shall be enclosed by
security fencing not less than six feet in height and shall also be
equipped with an appropriate anticlimbing device; provided, however,
that the municipal agency may waive such requirements, as it deems
appropriate.
(u)
Landscaping. The following requirements shall
govern the landscaping surrounding towers for which site plan approval
is required; provided, however, that the municipal agency may waive
such requirements if the goals of this section would be better served
thereby.
[1]
Tower facilities shall be landscaped with a
buffer of plant materials that effectively screens the view of the
tower compound from property used for residences.
[2]
In locations where the visual impact of the
tower would be minimal, the landscaping requirement may be reduced.
[3]
Existing mature tree growth and natural landforms
on the site shall be preserved to the maximum extent possible. In
some cases, such as towers sited on large, wooded lots, natural growth
around the property perimeter may be sufficient buffer.
(v)
In approving the tower, the municipal agency
may impose conditions, including the use of an alternative tower structure,
to the extent the municipal agency concludes such conditions are necessary
to minimize any adverse effect of the proposed tower on adjoining
properties.
(2)
Buildings or other equipment storage.
(a)
Antennas mounted on structures or rooftops.
The equipment cabinet or structure used in association with antennas
shall comply with the following:
[1]
The cabinet or structure shall not contain more
than 200 square feet of gross floor area or be more than 10 feet in
height. In addition, for buildings and structures which are less than
65 feet in height, the related unmanned equipment structure, if over
200 square feet of gross floor area or 10 feet in height, shall be
located on the ground and shall not be located on the roof of the
structure.
[2]
If the equipment structure is located on the
roof of a building, the area of the equipment structure and other
equipment and structures shall not occupy more than 10% of the roof
area.
[3]
Equipment storage buildings or cabinets shall
comply with all applicable building codes.
(b)
Antennas located on towers, utility poles, or
light poles. The related unmanned equipment structure shall not contain
more than 200 square feet of gross floor area or be more than 10 feet
in height, and shall be located in accordance with the minimum yard
and buffer requirements of the zoning district in which located and
shall be screened from view of all residential properties.
(3)
Removal of abandoned antennas and towers. Any antenna
or tower that is not operated for a continuous period of 12 months
shall be considered abandoned, and the owner of such antenna or tower
shall remove the same within 90 days of receipt of notice from the
Township of Manchester notifying the owner of such abandonment. Failure
to remove an abandoned antenna or tower within said 90 days shall
be grounds to remove the tower or antenna at the owner's expense.
If there are two or more users of a single tower, then this provision
shall not become effective until all users cease using the tower.
Upon the dismantling and removal of a tower in the Pinelands Area,
the property on which the tower was located shall be restored in accordance
with N.J.A.C. 7:50-6.24, Revegetation and Landscaping Plans.
[Amended 5-22-2000 by Ord. No. 00-015]
(4)
Preexisting towers. Preexisting towers which are operating at the time of the adoption of this section shall be allowed to continue their usage as they presently exist. Routine maintenance is permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with the requirements of this section. If the use of the tower has terminated and the use is determined to be abandoned, the requirements for removal in Subsection D(3) above shall apply.
[1]
Editor's Note: The schedules are included at the end of this
chapter.
[Amended 2-22-1999 by Ord. No. 99-001]
A.
Permitted in RC and WTRC Zones. Recognizing the need
for assisted living or related care of senior citizens through proper
housing and supportive services, including medical assistance; recreational
activities; community center; dining area; and related facilities
and services; assisted-living residences for the elderly are permitted
in RC and WTRC Zones, subject to the following conditions.
B.
ASSISTED-LIVING RESIDENCES FOR THE ELDERLY (ALR)
PERSONAL CARE AMENITIES
Definitions. As used in this section, the following
terms shall have the meanings indicated:
A facility for which a certificate of need as an assisted-living
residences has been obtained, which provides apartment-style housing
and congregate dining for four or more adult persons unrelated to
the proprietor and further provides such assisted-living services
as are required and/or permitted by the regulations of the New Jersey
Department of Health. Services provided by an ALR shall promote and
encourage each resident's choice, dignity, independence, individuality
and privacy in an environment where sense of family and community
pervade and in which each resident's preferred lifestyle, habits and
use of personal belongings is supported and encouraged; and independence
is provided in the mobility, transferring, walking, grooming, bathing,
dressing and undressing, eating and toileting of each resident.
Services supportive to residents' care and comfort including,
but not limited to, assistance with activities of daily living such
as, by way of example and not by way of limitation, fitness centers,
wellness centers, beauty salons, gift shops, luncheonettes, and the
sale of sundries.
C.
Uses required and permitted.
(1)
Apartment dwelling units within the same building,
hereinafter referred to as a "multiple dwelling"; and
(2)
In addition to such dwellings, recreational and cultural
facilities for the sole use of the residents of the facility and their
guests, including the following: recreation areas, including common
dining facilities, community areas, recreational and cultural activities,
medical assistance, wellness centers, beauty salons, gift shops, luncheonettes,
and fitness.
D.
Age of residents. The permanent residents of said
facility for the elderly shall be restricted to residents who are
at least 62 years of age or over.
E.
Design criteria.
(1)
Minimum tract size: five acres.
(2)
Maximum density for said facility shall be 20 residential
units per gross acre. There shall be aggregate open space maintained
by the facility of not less than 50% of the gross area of the tract
on which the facility is developed.
(3)
Minimum setback distance: 75 feet from all existing
or proposed roads.
(4)
Minimum frontage: 300 feet.
(5)
Minimum width of any assisted-living residence unit:
12 feet.
(6)
Minimum floor area per unit: 150 square feet for one
resident or 230 square feet for two residents per N.J.A.C. 8:36-1
et seq.
(7)
Maximum building height: 36 feet.
(8)
Maximum number of stories: 2 1/2. If two stories are
proposed, the buildings comprising the assisted-living residences
shall contain full-service elevators and be of barrier-free design.
(9)
Maximum number of units per building: 80 for one-story
buildings and 160 for two-story buildings.
(10)
No exterior wall of any multifamily building
shall contain more than 90 feet in one linear plane.
(11)
No portion of any dwelling unit shall be lower
than the outside finished grade. No depressed siting shall be permitted.
(12)
All areas of an assisted-living residences not
used for the construction of buildings, roads, accessways, parking
areas or sidewalks shall be either landscaped, grassed or left with
natural vegetation preexisting development of the site.
(13)
The assisted-living residences shall be served
by a central water system and central sanitary sewage approved by
the Manchester Township Division of Utilities.
[Amended 6-9-2008 by Ord. No. 08-020]
(14)
Buffer areas for a assisted-living residences
shall be provided as follows:
(a)
There shall be provided a twenty-five-foot buffer area when the facility abuts a nonresidential zone or use or a state highway. This twenty-five-foot buffer area shall not be used in computing any setbacks. The buffer area shall remain undisturbed as per Subsection H.
(15)
All on-site and off-site drainage shall be provided
for in accordance with the Township Master Storm Drainage Plan and
applicable Township regulations and ordinances pertaining to subdivision
of lands.
(16)
The primary or main entrance to the assisted-living
residences shall be located on a state or county arterial or minor
arterial road.
(17)
All identification signs, entrance signs and
traffic control signs shall be designed to be aesthetically compatible
with the design of the assisted-living residences and shall be shown
on the site plan submitted to the Planning Board.
(18)
The assisted-living residences shall provide
for smoke and fire alarms, security guard service, and central monitoring
emergency signaling system to be connected to all units.
F.
Recreation areas. Recreation areas shall be provided
which contains provisions for the following:
(1)
An area of not less than 200 square feet which shall
be used as a commercial convenience center for the exclusive benefit
of the residents of the assisted-living residences for purchase of
personal hygiene aids, sundries and reading materials.
(2)
All-purpose rooms (exclusive of areas set aside for
dining) which in the aggregate shall comprise not less than six square
feet per unit contained in the assisted-living residences.
(3)
Dining areas and facilities sized to accommodate not
less than 1/2 of the total number of residents of the assisted-living
residences at one time utilizing an area ratio of not less than 10
square feet per person.
(4)
A storage area adequately sized for storage of maintenance
equipment and supplies necessary for the operation and maintenance
of the assisted-living residences. If more than one storage area is
proposed to be provided, any additional storage areas may be located
within the assisted-living residences other than in the recreation
area. The storage area may be located outside the recreation area
if a separate on-site maintenance building is proposed.
G.
Off-street parking requirements.
(1)
There shall be one parking space for every four units
in the assisted-living residences for residential parking and guests.
(2)
In addition to the residential parking provided pursuant to Subsection G(1), there shall be provided one parking space for every two employees employed by the assisted-living residences during the maximum shift.
(3)
Off-street parking areas shall be provided on the site sufficient to provide storage or parking for the number of vehicles required pursuant to Subsection G(1) and (2) and shall be developed and maintained in accordance with the following:
(a)
Parking area shall be used for automobile parking
only with no sale of automobiles, dead storage of automobiles, repair
work, dismantling or services of any kind.
(b)
Parking areas shall be paved and provided with
an adequate system of stormwater drainage.
(c)
No off-street parking areas shall be located
in any buffer zone.
H.
Landscaping and buffer requirements. All areas of
assisted-living residences not used for the construction of buildings,
recreation facilities, roads, accessways, drainage or detention facilities,
parking areas or sidewalks shall be landscaped, grassed or left with
natural vegetation. Where an assisted-living residence boundary line
abuts a lot in a residential zone, there shall not be cut, uprooted,
destroyed or taken away any existing trees, shrubbery or other planting
within the required buffer area. If inadequate trees, shrubs or planting
exists within the required buffer area in the natural state of the
site before development, the area shall be provided with an adequate
approved planting plan to provide a belt of screening within the required
buffer area consisting of at least a double row of staggered evergreens,
five feet on center and at least four feet in height.
I.
Emergency services review. As part of the application
for a conditional use permit for an assisted-living residence under
this section, the applicant shall submit a full copy of such application
for review and comment to the fire department serving the area in
which the assisted-living residences is proposed to be located, and
the first aid squad serving that area. Said entities shall be required
to submit a report on the application to the approving agency prior
to any hearing on the application.
[Added 11-14-2016 by Ord.
No. 16-036; amended 2-13-2017 by Ord. No. 17-002; 11-13-2017 by Ord. No. 17-024]
A.
Permitted. Churches, places of worship, and structures housing religious
use organizations shall be permitted in applicable zones subject to
the conditions specified below:
(1)
Minimum lot size: four acres.
(2)
Maximum building coverage: 20%.
(3)
Maximum impervious coverage: 50%.
(5)
Location shall only be along a state, county, or major collector
road.
(6)
Height: the height of the structure shall not exceed the maximum height permitted in the zone in which the structure will be built pursuant to § 245-31.
(7)
Buffer requirements:
(a)
Perimeter buffer. A landscaped buffer shall be required around
the entire length of side and rear property lines, except where access
drives or other accessory features must traverse this reserved strip.
(b)
In nonresidential districts, the minimum buffer width shall
be 25 feet.
(c)
In residential districts, the minimum buffer width shall be
50 feet.
[Added 11-14-2016 by Ord.
No. 16-036; amended 2-13-2017 by Ord. No. 17-002; 11-13-2017 by Ord. No. 17-024]
A.
Permitted. Public and private schools shall be permitted in applicable
zones subject to the conditions specified below:
(1)
The school shall be licensed by the State of New Jersey.
(2)
Location. Schools shall only be located along an arterial or
collector road as identified in the Master Plan.
(4)
Minimum lot size:
(a)
Elementary school: 10 acres, plus one additional acre for each
100 students.
(b)
Intermediate school or trade or vocational school: 20 acres,
plus one additional acre for each 100 students.
(c)
High school: 30 acres, plus one additional acre for each 100
students.
(d)
Institution of higher learning: 50 acres, plus one additional
acre for each 100 students.
(e)
No more than 10% of the site shall be covered by buildings.
[Added 11-14-2016 by Ord.
No. 16-036; amended 2-13-2017 by Ord. No. 17-002; 11-13-2017 by Ord. No. 17-024]
A.
Permitted. Child-care facilities, nursery schools, and day nurseries
shall be permitted in applicable zones subject to the conditions specified
below:
(1)
Minimum lot size: one acre.
(2)
Height and bulk requirements shall be subject to the requirements
of the district in which the facility is located.
(3)
The facility shall be licensed by the Division of Youth and
Family Services of the New Jersey Department of Human Services.
(4)
A minimum of 100 square feet of outdoor play area shall be provided
per each occupant of rated building capacity, which shall be entirely
fenced and protected from hazards such as driveways and cars.
(5)
All loading and unloading of children shall take place on-site
and not in a public right-of-way.
[Added 12-10-2018 by Ord.
No. 18-032]
A.
Independent living communities shall be permitted as a conditional
use in the HD-3 and HD-3A zones, provided the standards required for
site plan approval are met and the development complies with the following
standards and conditions:
C.
Accessory uses. In addition to those included in the definition,
the following uses may be established as subordinate to an independent
living community:
D.
Parking. An applicant is required to provide 1.2 off-street parking
spaces per residential unit.
