[Amended 8-23-2022 by Ord. No. 5739]
Each of the sections and provisions of this article shall apply
to all zone districts unless otherwise stated.
[Amended 8-23-2022 by Ord. No. 5739]
No building shall hereafter be used, erected, altered, converted,
enlarged, added to, moved or reduced, wholly or in part, nor shall
any land be designed, used or physically altered for any purpose or
in any manner except in conformity with this chapter. Where a lot
is formed from part of a lot already occupied by a building, such
subdivision shall be effected in such a manner as not to impair any
of the requirements of this chapter with respect to the existing building
and all yard and other open space in connection therewith and so that
all resulting lots have adequate dimensions consistent with the requirements
of the zoning district in which they are located and so that all lots
have frontage on a street.
[Amended 8-23-2022 by Ord. No. 5739]
The control and regulation of the uses of buildings and structures
as herein provided shall equally apply to the nature and extent of
the use of the land.
[Amended 8-23-2022 by Ord. No. 5739]
All applicable requirements shall be met at the time of erection,
enlargement, alteration, moving or change in use of the principal
use and shall apply to the entire structure or structures whether
or not the entire structure or structures were involved in the erection,
enlargement, alteration, moving or change in use.
[Amended 8-23-2022 by Ord. No. 5739]
A.
Whenever title to two or more contiguous lots is held by the same
owner, regardless of whether or not each of said lots may have been
approved as portions of a subdivision or acquired by separate conveyance
or by other operation of law, and one or more of said individual lots
should, by reason of exceptional shallowness, topographical conditions,
substandard area or yard space or similar measurements, not conform
with the minimum lot area and dimension requirements for the zone
in which it is located, the contiguous lots of said owner shall be
considered as a single lot.
B.
Whenever the owner of a lot existing at the time of adoption of this
chapter has dedicated or conveyed land to the Township in order to
meet the minimum street width requirement of the Official Map or Master
Plan of the Township, the Construction Code Official and Secretary
of the Board of Adjustment shall issue building and occupancy permits
for the lot whose depth and/or areas are rendered substandard in area
only because of such dedication and where the owner has no other adjacent
lands to provide the minimum requirements.
C.
Any existing lot on which a building or structure is located and
which lot does not meet the minimum lot size, or a structure which
violates any yard requirements, may have additions to the principal
building and/or construction of an accessory building without an appeal
for variance relief, provided that:
D.
Any vacant lot existing at the effective date of adoption of this
chapter, whose area or dimensions do not meet the requirements of
the district in which the lot is located, may have a building permit
issued by the Construction Code Official for a detached dwelling and
its permitted accessory uses without an appeal for variance relief,
provided that:
(1)
Single-family detached dwellings are a permitted use in that
district; the lot width is 35 feet or more; and the lot depth is not
less than 1/2 of the average depth for the lots on the block face
and in no case less than 70 feet;
(2)
The building coverage conforms to an increased limit of 40%;
(3)
Parking requirements are met; and
(4)
All other requirements including the yard, height provisions
and all other applicable provisions of this chapter are met.
[Amended 8-23-2022 by Ord. No. 5739]
Any destruction of a nonconforming structure or use shall comply
with N.J.S.A. 40:55D-68.
[Amended 8-23-2022 by Ord. No. 5739]
All yards, open spaces and off-street parking must be contained
on the lot and within the zone district in which the use is located.
[Amended 8-23-2022 by Ord. No. 5739]
No lot, yard, parking, area or other space shall be so reduced
in area or dimension as to make said area or dimension less than the
minimum required under this chapter. If already less than the minimum
required under this chapter, said area or dimension shall not be further
reduced.
[Amended 8-23-2022 by Ord. No. 5739]
All uses not expressly permitted by this chapter are prohibited.
In particular, the following uses are specifically prohibited anywhere
in the Township:
A.
Flea markets.
B.
The storage, use or manufacture of liquefied petroleum gases, hydrogen
gas or other material whether in liquid or gaseous phase, which is
flammable or explosive when mixed with air in sufficient proportions
or which may be toxic or poisonous if inhaled by any person, except
for such storage, use or manufacture by a public utility regulated
by the Bureau of Public Utilities or for the installation of a natural
gas fueling station (CNG) when such installation is located in a industrial
zone district and complies with all national, state and local safety
regulations and is used to comply with the requirements of the Clean
Air Act Amendment (CAAA) of 1990 and the Energy Policy Act of 1992
(EPACT) by providing an alternative fuel to vehicles owned or leased
by the owner or lessee of the real property where said fueling station
is located; provided, however, that nothing in this subsection shall
be deemed to prohibit the use as fuel for domestic purposes of liquefied
petroleum gases when stored in cylinders constructed in accordance
with regulations of the Interstate Commerce Commission and located
on the exterior of the building supplied; and provided, further, that
the systems in connection with said cylinders are listed by the Underwriters
Laboratories, Inc. The existing storage and use of anhydrous ammonia
as of the effective date of this chapter shall be and the same is
authorized to continue.
C.
Towing business, whether the principal or ancillary use, and the
outdoor parking or storage of tow trucks or flatbed car hauling trucks
in any zone district except that in gas stations one tow truck is
allowed to be used to service the station's customers and not to be
used as a towing business.
[Amended 8-23-2022 by Ord. No. 5739]
A.
Unless otherwise permitted in the zoning standards of a particular
zone district, only one principal building may be erected on a lot,
except for related buildings forming one principal use and limited
to the following:
(1)
Multifamily dwelling complexes.
(2)
Public or institutional building complexes.
(3)
Retail shopping, office, research and industrial building complexes.
(4)
Multistory parking garages for the above complexes which shall
be subject to the requirements for principal buildings where their
height is in excess of 15 feet.
B.
Unless otherwise permitted by regulations in this chapter, no building
shall be located closer to another building on the same lot than the
height of the taller building, but in no event less than 15 feet.
C.
Structural alterations shall be permitted to accommodate the needs
of individuals with disabilities which do not conform to the requirements
of this code, provided that a deed restriction is recorded preventing
the transfer of title until such altered structures are restored or
made to conform. Exterior structures shall be limited to open structures
and may vary from requirements only to the minimum degree necessary.
[Amended 8-23-2022 by Ord. No. 5739]
No accessory structure shall be erected on a lot that contains
no principal building. Unless otherwise provided, these regulations
shall apply to both accessory buildings and to accessory structures
other than accessory buildings. In addition, these regulations shall
not apply to signs and fences, which are regulated elsewhere in this
chapter.
A.
Accessory structures in residential districts.
(1)
No accessory structure shall exceed a height of 14 feet, except
for accessory structures regulated otherwise in this section.
(2)
An accessory structure shall be located at least 10 feet from
a principal building situated on the same lot unless an integral part
thereof and shall be at least six feet from any other accessory structure.
(3)
Accessory structures on corner lots may not be erected nearer
to the street than the front yard requirements on the adjacent lot.
(4)
No accessory building shall be located in any required front
yard or closer to the front street line than the principal building.
(5)
Residential toolsheds or similar storage buildings shall not
exceed 100 square feet in ground coverage.
(6)
Attached and detached garage floor elevations shall be at least
one foot above the street centerline. The interior dimensions of any
private garage shall be not less than 10 feet in width and 22 feet
in length. There shall be at least one garage for each dwelling unit
in a one- or two-family dwelling. Any existing garage located in Zone
A as delineated on FIRM Flood Map as certified by the Township Engineer
and less than the aforementioned elevation requirement may, upon application
to the Building Department, be abandoned; provided, however, that
the owner abandoning the garage provide one off-street parking space
per dwelling unit.
(7)
Garages for the same building shall be contiguous in RA and
RB Zones.
(8)
The total ground coverage of all accessory structures, including
the water surface area of a swimming pool located in the rear yard,
shall not exceed 25%
B.
Accessory structures in nonresidential districts.
(1)
Accessory structures shall not exceed the height limitations
applicable to principal buildings, except for structures regulated
otherwise in this section.
(2)
An accessory structure shall not be located closer to another
structure than the height of the taller structure, but in no event
less than 15 feet.
(3)
Accessory structures shall conform to all yard requirements
for principal buildings.
(4)
Communication antennas and towers shall, in addition to the
foregoing regulations, not extend more than 75 feet above the ground
level, whether attached to a building or erected on the ground. In
addition, said structures shall be subject to the following regulations:
(a)
Said structures shall not be located closer to any property
line than the height of the structure.
(b)
If erected on the ground, said structure shall be enclosed by
a four-foot-high fence and suitable plant screening.
(c)
Said structures shall be subject to inspection and approval
of the Construction Code Official to ensure safe construction and
proper anchoring and shall require a building permit.
[Amended 8-23-2022 by Ord. No. 5739]
A.
No open space provided around any principal building for the purposes
of complying with the front, side, rear or other yard provisions of
this chapter shall be considered as providing the yard provisions
for another principal building.
B.
Required yards. Every lot must provide front, side and rear yards
as required for its zone. All front yards must face upon a dedicated
public street or private street approved by the Township Committee.
C.
Front yards on streets less than 50 feet wide. On streets less than
50 feet in width, the depth of the required front yard shall be increased
by 1/2 the difference between the width of the street and 50 feet.
D.
Yards for corner lots. A structure erected on a corner lot shall
meet the front yard requirement along the narrower frontage of the
lot, and the minimum rear yard requirement shall be met in the yard
lying opposite the narrower frontage of the lot.
E.
Traffic visibility on corner lots. On a corner lot, a fence structure
or planting over 30 inches in height above the curb or edge of the
roadway shall not be erected or maintained closer than 25 feet to
the intersecting street right-of-way lines.
F.
Projections into required yards. Notwithstanding any other provision
of this chapter, the following may project into any front, side or
rear yard required in the various zones: uncovered steps leading to
the first floor of a building; chimneys; and portions of a building,
including but not limited to eaves, bay windows, oriels, balconies,
overhangs and coverings over steps, provided that no such portion
of a building shall project more than 18 inches into any required
front, side or rear yards or exceed eight feet in width.
G.
In all zones, all free ground area in front, rear and side yards
shall be suitably graded and stabilized with appropriate ground cover,
such as a grass lawn, pachysandra, ivy and spreading evergreen, supported
by at least four inches of topsoil, as approved by the Township Engineer.
Mulch, stone and similar ground cover may be used only as secondary
accent material. Paver blocks shall likewise not be used as primary
ground cover, but may be used for walkways and accent purposes. Stone,
gravel and mulch must be prevented from spreading beyond the areas
they are intended to cover. All primary ground cover shall consist
of material vegetation.
[Amended 8-23-2022 by Ord. No. 5739]
A.
Buffers required for Commercial/Industrial CI Districts.
(1)
Facilities that are located across the street from residential
uses or zones are to be designed to include street trees, planted
buffers and landscape treatment to provide aesthetic compatibility
with the adjacent residential neighborhood and to screen parking lots,
loading areas, trash receptacles, utility services and accessory buildings.
(2)
Facilities that are located on lots adjacent to residential
uses or zones shall increase the required yard setback to 75 feet
and a six-foot-high board-on-board fence or ten-foot-deep landscaped
buffer must be provided.
[Amended 8-23-2022 by Ord. No. 5739]
A.
The height provisions of this chapter shall not apply to the erection
of church steeples, spires, belfries, cupolas and towers designed
exclusively for ornamental purposes.
B.
Bulkheads, elevator enclosures, chimneys, flues, water tanks or similar
appurtenances and accessory structures shall not occupy more than
an aggregate of 10% or less of the area of the roof on which they
are located, and further shall not exceed the height limit by more
than 10 feet.
C.
Nothing in this chapter shall prevent the erection above the height
limitation of a parapet wall or cornice extending above such height
limit not more than three feet.
[Amended 8-23-2022 by Ord. No. 5739]
No dwelling unit shall be occupied by more than one person for the first 100 square feet of floor space, exclusive of kitchens, baths and basements, plus 75 square feet of floor space for each additional occupant. See § 170-2510.
[Amended 8-23-2022 by Ord. No. 5739]
A.
Height restricted; use in yard areas. On any lot in any district
other than the C/I Commercial/Industrial Zone District, no wall or
fence shall be erected or altered so that said wall or fence shall
be over six feet in height in side yard areas and six feet in height
in rear yard areas. In residential zones, fences may be constructed
in side and rear yards no closer than two inches to a property line
subject to other applicable provisions of this article. Fences shall
be prohibited in front yard areas of all zones. On corner lots, a
twelve-foot side yard setback shall be maintained within 15 feet of
the rear property line when the same abuts a front yard or when necessary
to provide adjacent property sight distance. This provision may be
waived or modified by the Construction Code Official if, in his determination,
a sight distance concern does not exist.
B.
Barbed wire and metal spikes. No fence shall be erected of barbed
wire, topped with metal spikes or constructed of any material or in
any manner which may be dangerous to persons or animals, except that
fences permitted for industrial uses may be topped by a barbed wire
protective barrier not less than eight feet in height. Fences shall
not be permitted to extend closer than the minimum required front
setback line in any industrial zone.
C.
Dog runs and privacy areas. A dog run or privacy area may have fencing
a maximum of six feet in height, provided that such area is located
in rear yard areas only and is set back from any lot line at least
15 feet.
D.
Sport fencing.
(1)
Tennis courts on residential properties may be located in rear
yard areas only, and must be surrounded by a fence a maximum of 15
feet in height. Said fence shall be set back from any lot line the
distance required for accessory buildings.
(2)
Sport courts and ballfields located as part of outdoor athletic
facilities may install fences to a height meeting best practices for
the safety of players, adjacent properties, and spectators.
E.
Finished side to face adjacent property. The finished side of all
fences, walls or other structures in the nature of a fence shall face
towards the property adjacent to the property upon which said fence,
wall or other structure in the nature of a fence has been erected.
[Amended 8-23-2022 by Ord. No. 5739]
A.
Decks, patios, sidewalks and similar installations are subject to
impervious coverage limitations unless otherwise described below.
B.
Decks.
(1)
Decks are limited to the rear yard.
(2)
Rear deck structures shall not exceed the height of the first
dwelling floor and shall be unroofed, unenclosed platforms projecting
from the rear of a building, surrounded by a railing and supported
by pillars or posts.
(3)
A rear deck structure, excluding egress stairs, shall be considered
part of the principal structure and may not be considered accessory
for the purposes of lot coverage.
(4)
Egress stairs within the rear or side yard shall be considered
accessory to the principal building so long as they are no more than
three feet in width.
(5)
A rear deck shall be set back a minimum of three feet from any
adjoining property line.
C.
Patios.
(1)
A patio shall be located in the rear or side yard of a principal
building and shall be a landscaped or surfaced area at a height not
more than 18 inches above finished grade.
(2)
Patios are subject to impervious coverage limitations and accessory
setback requirements.
(3)
If a patio is made of impervious material such as but not limited
to concrete pavement or pavers, no more than 30% of the yard area
may be covered. The area of any impervious cover patio or terrace
must be graded to a drain, and is subject to Board approval and Engineering
review.
[Amended 8-23-2022 by Ord. No. 5739]
A.
Prior to the issuance of a construction permit for any lot(s) the street right(s)-of-way contiguous to said lot(s) shall be suitably improved with pavement, curbing, sidewalks and drainage in accordance with the improvement standards established in this Part 4 of this chapter and, if applicable, Article 18, Stormwater Management and Control, and plot grading approval obtained from the Township Engineer for any development of said lot. The Township Engineer is hereby authorized to promulgate regulations required in this regard.
B.
Existing pavement, curbing, sidewalks and drainage may be required
to be reconstructed and/or relocated when, in the opinion of the Township
Engineer, said pavement, curbing, sidewalks or drainage is deteriorated,
does not meet the requirements of Township specifications or is located
improperly or not in conformance with the purpose and intent of this
chapter.
[Amended 8-23-2022 by Ord. No. 5739]
A.
All dwellings for three or more dwelling units shall provide closed
containers for the storage of refuse and recyclable materials. The
capacity of said containers shall be consistent with anticipated accumulation
and removal rates. Storage areas shall be designed to protect against
the spread of litter, infestations of vermin, persistent odors, saturation
by precipitation or flooding and the theft of valuable materials.
Storage areas shall be situated to provide unobstructed access. Appropriate
directional signage and labeling shall be provided with containers
for recyclable materials clearly distinguished from those for refuse.
B.
For every use, the applicant shall provide an estimate of the amount
of trash, garbage and other solid waste, including recyclable and
nonrecyclable materials. The applicant shall also submit a description
of the proposed means of storage of all waste material, the nature
and frequency of collection or removal from the site and the number,
sizes and locations of containers. The applicant shall demonstrate
that the containers to be provided have sufficient capacity to accommodate
all waste materials based upon anticipated generation rate, sizes
of containers and frequency of collection.
C.
At least one refuse location shall be provided for each building.
Said area shall be separate from parking spaces by either a location
within the building or in a pickup location outside the building obscured
from view from parking areas, streets and adjacent residential uses
or zoning district by a fence, wall, planting or combination thereof.
If located within the building, the doorway may serve both the loading
and refuse functions and, if located outside the building, may be
located adjacent to or within the general loading area(s), provided
that the container in no way interferes with or restricts loading
and unloading functions.
D.
All refuse containers shall be completely enclosed and constructed
of steel and shall comply with requirements of the Federal Consumer
Product Safety Commission.
E.
In multifamily residential developments containing 25 or more units and in nonresidential developments utilizing 1,000 square feet or more of land area, the applicant shall submit the location and description of provisions for the recycling of recyclable materials in accordance with Chapter 496, Solid Waste.
[Amended 8-23-2022 by Ord. No. 5739]
Barrier-free construction. Barrier-free construction for handicapped
persons shall be included as required by law.
[Amended 8-23-2022 by Ord. No. 5739]
A.
All site plans shall, to the greatest degree possible, follow energy-efficient
design principles and maximize the use of renewable energy sources.
Within the limits of practicability and feasibility, the criteria
listed below shall be followed.
(1)
Buildings shall be oriented to maximize solar gain. Where possible,
building walls with the greatest number of windows or window area
shall face in a southerly direction. The use of active and passive
solar energy gain systems in buildings is encouraged.
(2)
Buildings shall be arranged to provide maximum protection for
each other in terms of energy-consuming elements.
(3)
The use of energy-efficient building materials and colors is
encouraged.
(4)
Site arrangement shall take advantage of topographic features
to maximize solar gain and afford protection from winter winds.
(5)
Natural vegetation and landscaping, including fences, walls
and earthworks, shall be utilized to maximize protection from wind,
channel breezes and shade buildings and pavement.
(6)
The site shall be designed to minimize pavement and afford efficient
circulation. The use of footpaths and bike paths in multifamily housing
developments, in order to reduce motor vehicle use, is encouraged.
