A.
Before a building permit or certificate of occupancy
shall be issued for any conditional use as permitted by this chapter,
application shall be made to the Planning Board. The Planning Board
shall grant or deny said application within 95 days of submission
of a complete application by a developer to the administrative officer
or within such further time as may be consented to by the applicant.
B.
The review by the Planning Board of a conditional
use shall include any required site plan review pursuant to this chapter.
Public notice and a hearing shall be required as stipulated in this
chapter.
C.
In all requests for approval of conditional uses,
the burden of proof shall be on the applicant. The Planning Board
shall give due consideration to all reasonable elements which could
affect the public health, welfare, safety, comfort and convenience
such as, but not limited to, the proposed uses, the character of the
area, vehicular travel patterns and access, pedestrian ways, landscaping,
lighting, signs, drainage, sewage treatment, potable water supply,
utilities and building and structure location(s) and orientations.
A.
The school shall be approved by the New Jersey Department
of Education.
B.
Safe and adequate access to a public road.
C.
Minimum building setback of 50 feet from all property
lines.
D.
Fencing or screening between school and residential
properties.
E.
Must comply with a minimum lot area in accordance
with standards set forth in New Jersey Administrative Code Title 6
Chapter 22, Site Acquisition, as amended.
F.
A minimum off-street parking of two spaces per classroom
for grade schools and 10 spaces per classroom for high schools or
preparatory schools and in all cases sufficient space for school bus
loading and unloading.
[Amended 7-6-2009 by Ord. No. 19-2009]
A.
Safe and adequate access to a public street.
B.
Meet the minimum lot size, area and setback requirements
for the zone where it is located.
C.
Building height not to exceed 40 feet. (Towers and
steeples are exempt.)
D.
A minimum off-street parking of one space for each
three seats or one for every 72 inches when benches are used or one
for every 25 square feet of assembly area, whichever is greater.
[1]
Editor’s Note: Former § 148-31, Cemeteries, as
amended, was repealed 6-17-2019 by Ord. No. 13-2019.
A.
Shall be located on a minor arterial, principal arterial
or expressway.
B.
Safe and adequate access.
C.
Minimum lot size of 10 acres.
D.
Maximum building height of three stories or 40 feet.
E.
Minimum front, rear and side yards for principal and
accessory structures shall be 100 feet.
F.
Adequate public sewer and public water service are
required.
G.
Where appropriate to the welfare of adjoining residential
properties, adequate buffering and security control measures may be
required. These may include fencing and landscaping.
H.
The applicant shall detail the methods to be employed
in transporting patients to and from the hospital, both in emergency
situations and nonemergency transportation situations, and shall demonstrate
that the hospital has the internal capacity for all such transportation
and will not require the services of the volunteer first aid or rescue
squad for such purposes.
I.
Two off-street parking spaces for each bed.
A.
A minimum lot area of five acres.
B.
A minimum front, rear and side yard setback of 50
feet, except where the site fronts on Route 22 or 202, in which case
there shall be a minimum front yard setback of 100 feet.
C.
The maximum number of residents shall not exceed six
nursing home beds per acre.
D.
The maximum floor area ratio (F.A.R.) shall be 0.15.
E.
The impervious surface coverage shall not exceed 35%.
F.
There shall be provided off-street parking of at least
one space for each four beds, plus one space for each staff member
and employee, based on the maximum number on duty at any one time.
G.
The applicant shall obtain a Certificate of Need from
the State of New Jersey Department of Health.
H.
The site shall have access to both public sewer and
public water service or provide evidence that adequate on site facilities
are available.
I.
The use shall comply with all state requirements relating
to nursing home facilities.
J.
Where appropriate to the welfare of adjoining residential
properties, adequate buffering and security control measures may be
required. These may include fencing and landscaping.
K.
The applicant shall detail the methods to be employed
in transporting patients to and from the nursing home, both in emergency
situations and nonemergency transportation situations and shall demonstrate
that the nursing home has the internal capacity for all such transportation
and will not require the services of the volunteer first aid or rescue
squad for such purposes.
[1]
Editor's Note: Former § 148-34, Warehousing, added 10-1-2012 by Ord. No.
20-2012, was repealed 5-1-2023 by Ord. No. 09-2023.
[Added 3-16-2020 by Ord. No. 05-2020]
A limited brewery (1b) licensed by the State of New Jersey pursuant
to N.J.S.A. 33:1-10, subject to the following conditions:
A.
Shall not utilize a plenary retail license (1c) for alcohol consumption
with the limited brewery license;
B.
Shall be located upon a tract of land exclusively under the control
of the brewery licensee;
C.
The brewery licensee shall be actively engaged in farming on, or
on a tract directly adjacent to, the brewery premises;
D.
The brewery licensee shall grow and cultivate hops or other products
on the farm used in the manufacturing of brewery products at the brewery;
E.
The brewery licensee shall hold no other brewery licenses within
Readington Township;
F.
Shall not exceed 5,000 barrels of production per year. Production
shall be demonstrated via documentation provided to the Township Clerk
and Zoning Officer on an annual basis;
G.
Shall be located on a commercial farm;
H.
Shall be located on a contiguous tract at least 20 acres in area;
I.
The property upon which the brewery is located shall abut US Route
22 or US Route 202 and shall have direct vehicular access from such
abutting highway;
J.
Shall have tasting room/areas;
K.
Brewery sales hours of operation: shall not extend outside of the
hours of noon and 10:00 pm;
L.
Entertainment and media hours of operation. Other than background
music, radio and television contained within the brewery building,
all other forms of entertainment/media permitted by the license shall
not occur outside the hours of noon and 9:00 p.m.;
M.
Outdoor beverage service. Sales and service of beverages is permitted
outside within a fenced or walled enclosed area with such fence or
wall having a minimum height of three feet, provided that such an
area is delineated on an approved site plan;
N.
On-premises special events. A limited brewery may conduct on-premises
special events, as defined and by the New Jersey Alcoholic Beverage
Control Act, Title 33.[2] These may be held indoors or outdoors. The maximum number
of each category of event per calendar year is subject to the following
limitations:
[Amended 6-5-2023 by Ord. No. 11-2023]
(1)
Twenty-five special events.
(2)
Fifty-two private parties.
(3)
Twenty-five social affair events;
[2]
Editor's Note: See N.J.S.A. 33:1-1 et seq.
O.
Outdoor special events with amplified sound. Outdoor, on-premises
special events that include live, amplified music performance, amplified
recorded music or broadcast music, a DJ appearance, or a live televised
championship sporting event shall be limited to no more than 16 events
per calendar year. Notwithstanding the annual limit on such events,
no more than four such events are permitted per calendar month. The
duration of each event shall be one day;
[Amended 6-5-2023 by Ord. No. 11-2023]
P.
Outdoor on-premises special events with amplified music only shall
not occur outside the hours of 12:00 noon and 9:00 p.m.;
[Amended 6-5-2023 by Ord. No. 11-2023]
Q.
Off-street
parking for on-premises special events shall not be permitted in areas
other than those parking areas depicted on an approved site plan or
as approved through a special event permit;
[Added 6-5-2023 by Ord. No. 11-2023[3]]
R.
On-premises special event notice: A copy of the notice required to
be provided to the New Jersey Division of Alcoholic Beverage Control
for an on-site special event shall be provided to the Township Clerk
and Zoning Officer no less than 10 days prior to an event;
S.
Entertainment notice: A copy of the notice required to be provided
to the New Jersey Division of Alcoholic Beverage Control advising
of the intent to have live music, DJ's, television programs, movies
or sporting events shall be provided to the Township Clerk and Zoning
Officer no less than 10 days prior to an event;
T.
Compliance with maximum permissible sound levels: All activities, other than agricultural activities, shall comply with Chapter 158 Noise, of the Readington Township Code with respect to the maximum permissible sound levels.
U.
Maximum floor area ratio for brewery buildings: .02. This is not
in addition to the overall maximum permitted floor area ratio of 0.04;
V.
Maximum building height for any buildings associated with brewery
shall not exceed two stories and 30 feet;
W.
Minimum building and off-street parking setback from street line
or property line, excluding existing agricultural buildings: 100 feet;
X.
Minimum street frontage on a street: 200 feet;
Y.
Minimum off-street parking shall be provided as follows:
Z.
Off-street parking screening: Parking for visitors, employees and
commercial vehicles for the brewery shall be screened from public
view and the view of any adjacent properties with a screen planting,
berm, fence, wall or combination thereof, no less than four feet in
height. This buffering shall be provided between the off-street parking
areas and any lot line or street line. Where a building intervenes
between a street line or property line to sufficiently buffer views
of parking, such screening shall not be required;
AA.
Outdoor storage: No outdoor storage, except for agricultural materials,
supplies and equipment, shall occur on the property;
BB.
Refuse and recycling containers shall be enclosed within masonry
enclosures with gates with a height sufficient to conceal all materials
stored within;
CC.
Lighting: Maximum height of any fixture shall be 14 feet; parking
lot lights shall be turned off within two hours after the close of
business;
DD.
Permanent freestanding sign permitted: Not more than one permanent
freestanding sign having a maximum permitted sign area of 64 square
feet and a maximum permitted height of eight feet;
EE.
Temporary freestanding sign permitted: Not more than one temporary
sign having a maximum sign area of no more than 14 square feet and
a maximum height of four feet. The maximum permitted duration for
a temporary sign is 30 days;
FF.
Building-mounted sign permitted: Not more than one building-mounted
sign having a maximum sign area of 24 square feet and a maximum height
of 15 feet;
GG.
Major site plan approval is required.
[1]
Editor's Note: Former § 148-35, Clubs, lodges and
fraternal organizations, was repealed 7-6-2009 by Ord. No. 19-2009.
Public utilities of a nonindustrial nature,
including telephone dial equipment centers, power substations and
other utilities serving the public, but excluding sewage treatment
plants and sanitary landfills. Public utilities shall be subject to
the following conditions:
A.
The proposed installation at a specific location must
be reasonably necessary for the satisfactory provision of service
by the utility to the neighborhood or area in which the particular
use is located.
B.
The design of any building or other installation in
connection with such facilities must not adversely affect the safe,
comfortable enjoyment of property rights in the surrounding area.
C.
The proposed facility shall be included in the F.A.R.
and impervious coverage calculations for the tract upon which it is
located. Crushed stone shall be considered impervious coverage for
purposes of this chapter.
D.
Adequate fences and other safety devices must be provided
as may be required. Fences, when used to enclose public utility facilities
such as electrical power substations, shall, as a minimum, be built
in accordance with the applicable requirements of the New Jersey Board
of Public Utility Commissioners and the National Electrical Safety
Code in effect at the time of construction.
E.
Landscaping, including shrubs, trees and lawns, shall
be provided, including screening consisting of three constantly maintained
staggered rows of evergreens 18 feet or less on centers in a fifty-foot
buffer or as approved by the Board.
F.
Off-street parking shall be provided as determined
by the Planning Board during site plan review.
G.
Connections at 69 kilovolts or less must be made underground
wherever possible.
[1]
Editor's Note: Former § 148-38, Existing storage
and warehouse conversion of agricultural buildings, was repealed 5-1-2023 by Ord. No. 09-2023.
Any and all transmission lines over 69 kilovolts
and radio and television transmitting aerials or antenna, provided
that none may exceed 60 feet in height. All shall be so located and
aligned to be as inconspicuous as possible and none shall be of such
height or position that aircraft warning lights are required by any
governmental agency. Transmission lines at 69 kilovolts or less must
be under ground.
A.
Minimum tract size of 70 acres.
B.
A minimum of 200 feet of frontage on Route 202 with
good traffic accessibility from the highway.
C.
Existing and proposed buildings within the village
shall maintain a rural and agricultural appearance.
D.
A minimum buffer of 200 feet in width shall be maintained
in crops or pasture land between the agricultural commercial structures
and tract boundary to maintain the rural agricultural appearance.
E.
Maximum F.A.R. of 0.07.
F.
Maximum area of impervious surface coverage of 30%.
G.
Uses permitted in the agricultural commercial village
shall be limited to agricultural services and retailers such as feed
and seed sales, saddle shops, veterinarian, plant nursery, lawn, garden
and farm equipment sales and service, farm produce sates, etc.
H.
Outdoor display of nursery stock and farm equipment shall be permitted. See Article XII for additional sign provisions.
I.
A minimum of one parking space per 200 square feet
of gross floor area.
J.
One freestanding sign not exceeding 32 square feet in area shall be permitted along the Route 202 frontage. One attached facade sign per shop shall be permitted not to exceed one square foot per linear foot of the front facade of the tenant's shop space. See Article XII for additional standards.[1]
[1]
Editor's Note: Former Section 501.13, Continuing
care retirement community, which immediately followed this section,
was repealed 8-5-1996 by Ord. No. 14-96.
A.
Within the PND Zone, retail and service uses similar
to those permitted in the Village Commercial Zone shall be permitted
conditional uses on lots of a minimum of five acres in size in order
to provide convenient goods and services to the residents of planned
development and others in the community.
B.
Lots shall have frontage and accessibility to Route
22 or 202.
C.
The commercial development shall be entirely planned
at one time with a consistent architectural and landscape design theme
and with direct pedestrian connections (and vehicular connections
if possible) to the circulation system of the PND.
D.
The maximum F.A.R. shall be 0.15.
E.
The maximum impervious surface coverage shall be 0.55.
F.
Maximum building height shall not exceed 35 feet in
height and 2 1/2 stories.
G.
Minimum setbacks.
(1)
Minimum front yard setback from any state or county
road: 75 feet.
(2)
Minimum front yard setback from any municipal road:
50 feet.
(3)
Minimum side yard setback when adjacent to a residential
zone or use: 75 feet.
(4)
Minimum side yard setback when not adjacent to a residential
zone or use: 25 feet.
(5)
Minimum rear yard setback when adjacent to a residential
zone: 75 feet.
(6)
Minimum rear yard setback when not adjacent to a residential
zone: 25 feet.
H.
A minimum of one off-street parking space per 200
square feet of gross floor area.
I.
One freestanding sign for the entire commercial center not to exceed 30 square feet in area the text limited to the name of the center or the name and address of the center and one facade sign for each tenant not to exceed one square foot per linear foot of the front facade. See Article XII for additional standards.
A.
All repair and service activities shall be conducted
within a structure, and no vehicles shall be stored in the open except
service vehicles and those awaiting repairs.
B.
No facility, including pumps, shall be erected closer
than 100 feet to any street right-of-way line, provided that they
may not be located closer than 300 feet to a place of congregation
of people such as a church, school, theater or hospital nor closer
than 2,500 feet to each other, nor within 200 feet of an intersection
of street right-of-way lines.
C.
Goods for sale accessory to gasoline filling stations
may be displayed out of doors on the pump island(s) and the building
island only. Such limited outdoor display may be on the above islands
only if contained within a suitable stand or rack. Tires shall be
stored only inside the principal building. Vending machines, if any,
shall be located within the principal building.
D.
The exterior display and parking of motor vehicles,
trailers, boats or other similar equipment for sale shall not be permitted
as part of a service station.
E.
Landscaping shall be provided in the front yard area
equal to at least 20% percent of the front yard area, and such landscaping
shall be reasonably distributed throughout the entire front yard area.
F.
Service stations shall provide at least six off-street
parking spaces for the first lift, wheel alignment pit or similar
work area; five additional spaces for a second work area; and an additional
three spaces for each additional work area. Such spaces shall be separated
from the driveway and general apron area which give access to the
gasoline and air pumps and service areas. No designated parking space
shall obstruct access to such facilities. No parking shall be permitted
on unpaved areas. The site plan approval may establish a maximum number
of vehicles to be stored on site.
G.
Service stations may be permitted one freestanding sign and one facade sign. The freestanding sign shall not exceed an area of 60 square feet and shall be set back at least 20 feet from all street rights-of-way and lot lines. The facade sign shall not exceed one square foot per linear foot of the facade. See Article XII for additional standards.
H.
All of the other area, yard and general requirements
of the respective zone and other applicable requirements of this chapter
must be met.
A.
Any hotel that may be constructed on a lot or parcel
of land must contain a minimum of at least 30 units of accommodation,
exclusive of a permanent, on-site superintendent's living quarters.
The minimum number of units of accommodation in any single building
shall be 10. Ancillary retail, service and restaurant facilities provided
primarily for the use of the occupants may be permitted and shall
not exceed 10% of the gross floor area.
B.
Each unit of accommodation shall contain a minimum
floor area of 250 square feet. Ceilings shall be a minimum of eight
feet in height.
C.
Each unit of accommodation shall include a minimum
of two rooms; a bedroom and a separate bathroom. No units shall include
cooking facilities within said unit.
D.
There shall be a residency limitation on all guests
of 30 days' maximum.
E.
Off-street parking shall be provided at the ratio
of 1.25 spaces per unit and one space per every four seats in an ancillary
restaurant.
F.
One freestanding sign shall be permitted not to exceed 50 square feet in area and shall be set back at least 25 feet from all street and lot lines. One facade sign shall be permitted not to exceed one square foot per linear foot of the front facade. See Article XII for additional standards.
G.
Hotels in B Zones must have direct vehicular access
to and from Route 22 or 202. Hotels in the VC Zones must have direct
vehicular access to Main Street of either Whitehouse Station or Three
Bridges.
H.
Public sewer and public water facilities must be available.
I.
The minimum lot size for a hotel shall be three acres.
All of the other area, yard, building coverage, height and general
requirements of the zone and other applicable requirements of this
chapter must be met.
A.
A conference inn may include accessory uses that are
customary and usual accessory uses to a conference inn such as a gift
shop, banking facilities and other retail facilities primarily for
conference inn and restaurant guests and employees.
B.
Direct access to Route 22 or 202.
C.
Adequate public water and public sewer service must
be available for the site.
D.
A conference inn shall include one or more restaurants
containing a total of at least 1.5 seats for each guest room or guest
suite and one or more conference rooms containing a total of at least
one conference room seat for each guest room or guest suite.
E.
Bulk requirements.
(1)
Minimum lot area: 10 acres.
(2)
Maximum floor area ratio (F.A.R.) as determined in accordance with § 148-23F, Note 2, of the ROM-1 Zone: 0.25.
(3)
Maximum impervious coverage (MIC): 55%.
(4)
Maximum floor area of accessory retail uses: 3% of
gross floor area.
(5)
Required frontage: 200 feet either owned or controlled
by applicant.
F.
Building setbacks, minimum:
(1)
Front: 75 feet from right-of-way of any county or
state road; 50 feet from right-of-way of any municipal road. However,
additions to existing structures shall be permitted within the minimum
setback provided there is no greater encroachment toward the street
and side yards than the existing structure and further provided the
height of the existing building is not exceeded by the addition.
(2)
Side: 15 feet, one side, and 50 feet combined for
two side yards unless adjacent to a residential zone district, then
75 feet minimum side yard required for each side yard adjacent to
residential zone.
(3)
Rear: 25 feet unless adjacent to a residential zone
district, then 75 feet rear yard is required.
(4)
From private road. Notwithstanding the above, the
setback from a private road shall not be less than 35 feet.
H.
Height. Feet: 50 feet maximum. Stories: three stories,
except that four stories may be permitted to take advantage of any
grade change and further provided that not more than 20% of the total
floor area of the conference inn shall be located in the four-story
section. The four-story section shall be designed and located so that
the increase in the number of stories shall not be ascertainable from
the entrance court of the existing building.
I.
Parking.
(1)
One off-street parking space for each guest room.
(2)
One off-street parking space for each 3.0 restaurant,
banquet and meeting room seats. The applicant need not construct all
of the required parking if a site plan showing fewer spaces is approved
by the Planning Board and the unbuilt spaces are maintained in open
space and permanently reserved for future parking. The applicant shall
have the right to install the previously approved parking spaces without
the necessity of securing additional site plan approval.
(3)
Parking spaces shall be in a minimum of nine feet
by 18 feet.
(4)
Parking areas shall not be located closer than 20
feet to the right-of-way of any public road or within 10 feet of any
side or rear lot line. If the side or rear yard is adjacent to a residential
zone district, the parking may not be located closer than 25 feet
to the lot line adjacent to the residential district.
J.
Building design.
(1)
All new buildings and expansion of existing buildings
shall be sensitive to, compatible with and in harmony with the architecture,
scale, details, material and design of the existing principal building.
(2)
All air-conditioning equipment shall be located within
the principal building or appropriately screened.
A.
Mixed-use corporate office parks consisting of multiple
buildings and ROM-1 permitted uses on a development tract are permitted
as a conditional use within the ROM-1 Zone. "Development tract," for
purposes of this section, shall mean a tract of land consisting of
one or more lots proposed for development as a mixed-use corporate
office park.
B.
Permitted uses.
(1)
Office/research buildings (within 300 feet of the
right-of-way of Route 22).
(2)
Mixed-use buildings (setback at least 300 feet from
the right-of-way of Route 22). Uses to be permitted in these buildings
include office, research/laboratory, light manufacturing, and all
other uses permitted in the ROM-1 Zone.
[Amended 5-1-2023 by Ord. No. 09-2023]
(3)
Day-care facilities, banking services, dining facilities,
newspaper/magazine concessions and related retail goods and service
uses for employees of the complex and suitably located so as not to
attract use by the general public.
(4)
Restaurant or cafeteria for the exclusive use of tenants
and their guests.
C.
Conditions and requirements. Additional or superseding
conditions and requirements for the conditional use or mixed-use corporate
office parks in the ROM-1 Zone as follows:
[Amended 5-1-2023 by Ord. No. 09-2023]
(1)
Minimum development tract of 50 acres.
(2)
The development tract must have frontage on and direct
access to Route 22.
(3)
Availability of public sewer and public water.
(4)
Development within 300 feet of the right-of-way of
Route 22 shall be limited to office/research use.
(5)
Maximum permitted floor area ratio (F.A.R.) shall be 0.15. Section 148-22E, Note 1, shall apply to all buildings.
(6)
Maximum impervious coverage (MIC) shall be 0.45.
(7)
A mixed-use corporate office park must provide an
overall site design concept that coordinates highway access, vehicular
and pedestrian circulation, parking and loading, including shared
parking and loading facilities, architectural and landscape design,
buffers and screening.
(8)
Single ownership and management of entire mixed-use
corporate offices parks is required unless or until a condominium
association or equivalent entity is formed and obligated to deal collectively
with management, maintenance and security of the development.
D.
Design standards.
(1)
There shall be a minimum distance of 50 feet between
principal buildings.
(2)
The minimum building setback from internal roadways
shall be 20 feet.
(3)
The parking standards established for the ROM-1 Zone
shall apply; however, the approving body may waive initial construction
of 20% of the parking required for buildings limited solely to office
use and may waive initial construction of 40% of the parking required
for buildings not limited solely to office use, provided that deferred
parking areas are designated and drainage and detention facilities
are designed to accommodate construction of deferred parking. No parking
spaces shall be located in a required front yard nor between the front
buildings and Route 22.
(4)
One loading space shall be required for every 50,000
square feet of gross floor area.
E.
Signs.
(1)
One freestanding sign not to exceed 50 square feet
in area and set back a minimum of 25 feet from all street and lot
lines and shall not exceed eight feet in height above the grade.
(2)
Directory signs within the park shall be permitted
as determined necessary by the Planning Board and shall not exceed
12 square feet in size and six feet in height.
(3)
One facade sign per building not to exceed one square
foot per linear foot of the front facade.
The removal of more than two living trees from
a lot in the SSR Zone shall require meeting the following conditions:
A.
The applicant shall provide a tree removal plan indicating
the location, size and number of trees to be removed.
B.
A soil erosion and sedimentation control plan adequately
reducing soil erosion and sedimentation to the satisfaction of the
Township Engineer or other agency with jurisdiction.
C.
A planting plan providing adequate vegetation cover
to prevent erosion or excessive stormwater runoff.
D.
The Planning Board shall discourage clear cutting
of any lot.
Home occupations requiring conditional use approval shall comply with the requirements set forth in § 148-53, Home occupations.
[1]
Editor's Note: Former § 148-48,
Accessory apartments, added 6-2-1997 by Ord. No. 6-97, as amended,
was repealed 11-5-2001 by Ord. No. 32-2001.
[Amended 4-21-2014 by Ord. No. 08-2014; 6-17-2019 by Ord. No. 13-2019; 10-5-2020 by Ord. No. 26-2020]
A.
Undersized existing lots in the SRR Special Resource Residential,
HR Hamlet Residential, R-1 Residential-1 and VR Village Residential
Zones. Lawfully created existing individual lots in the SRR, HR, R-1
and VR Zones that are independent of adjacent ownership as of the
effective date of this chapter and which do not comply with the minimum
required lot size for the respective zone may be improved for single-family
residential use as a matter of right and shall be considered conforming,
provided that said lots conform with the following provisions:
(1)
The side yard and rear yard setback provisions may be reduced in
direct proportion to the difference in lot circles; however, the reduced
setback shall not be less than 50% of the setback specified by the
district regulations. For example, a forty-foot side yard setback
required for an undersized lot shall not be reduced to less than 20
feet.
(2)
The floor area ratio (F.A.R.) may be increased inversely in proportion
to the differences in lot circles.
B.
Height limits. Except for residential dwellings as permitted in this
chapter, penthouses or roof structures for the housing of stairways,
tanks, ventilating fans, air-conditioning equipment or similar equipment
required to operate and maintain the building, skylights, spires,
cupolas, flagpoles, chimneys or similar structures may be erected
above the height limits prescribed by this chapter, but in no case
more than 20% more than the maximum height permitted for the use in
the district, except that silos and barns associated with farming
shall have no height restrictions.
C.
Christmas tree sale. The annual sale of Christmas trees is permitted
in all zones between December 1 and December 25, inclusive. The site
shall be cleaned up and show no visual evidence of the temporary sale
by December 31.
D.
Public election voting places. The provisions of this chapter shall
not be construed as to interfere with the temporary use of any property
as a voting place in connection with a municipal or other public election.
E.
Public utility lines. Public utility lines for the transportation
and distribution and control of water, electricity, gas, oil, steam,
telegraph and telephone communications and their supporting members,
other than buildings or structures, shall not be required to be located
on a lot nor shall this chapter be interpreted as to prohibit the
use of a property in any zone for the above uses. These uses may be
limited or controlled by other sections in this chapter.
F.
Existing cemeteries. Cemeteries that are lawfully existing at the
time of the adoption of this subsection may continue to operate according
to the following standards:
A.
Steep slopes.
(1)
The purpose of this section is to regulate the construction
of buildings and roads, the removal of vegetative cover, the disturbance
of soil and the intensity of use in areas of excessive slopes.
(2)
A steep slope analysis showing slope classes of 0%
to less than 15%, 15% to less than 25%, 25% to 35% and greater than
35% shall be provided by the applicant.
(3)
In areas with slopes of 15% to less than 25%, no more
than 10% of such areas shall be developed and/or regraded or stripped
of vegetation or trees.
(4)
In areas with slopes of 25% or more, no development,
regrading or stripping of vegetation or trees shall be permitted.
(5)
The following standards shall apply to existing lots
of record which will necessitate the construction of a residence or
any required improvements on slopes greater than 15% and to new lots
which require improvements on slopes greater than 15%:
(a)
A lot grading plan which indicates the proposed
driveway plan and profile, location of the residence and any site
grading necessary for the property shall be submitted for review and
approval by the Township Engineer. Such plan shall provide for the
proper protection and stabilization of all disturbed areas consistent
with the design techniques established by the Soil Erosion and Sediment
Control Standards, adopted and amended by the New Jersey State Soil
Conservation Committee.
(b)
The Township Engineer shall verify that the
proposed residential driveway design is capable of providing access
for emergency vehicles and equipment under all weather conditions.
(6)
Roads and driveways shall follow the natural topography
to the greatest extent possible to minimize the cutting and grading
of critical slope areas.
B.
Stream corridors.
(1)
The purpose of this section is to protect property
from flooding; to reduce land development impacts on stream water
quality and flows; to maintain quality of streams and improve the
currently impaired streams in the Township; to protect significant
ecological components of stream corridors such as wetlands, floodplains.
woodlands, steep slopes, wildlife, plant and riparian habitats within
the stream corridors of the Township: to complement existing state,
regional, county and municipal stream corridor protection and management
regulations and initiatives; to protect existing natural drainage
features; to protect other's rights within the same watershed from
adverse effects of improper stream corridor development; and to provide
recreation and wildlife migration corridors.
(2)
Stream corridors shall remain in their natural state,
with no clearing or cutting of trees and brush (except for removal
of dead vegetation and pruning for reasons of public safety), altering
of watercourses, regrading or construction. Only the following uses
shall be permitted within stream corridors, subject to the aforementioned
parameters:
[Amended 9-5-2006 by Ord. No. 32-2006[2]]
(a)
Agriculture according to the best management
practices of the Natural Resource Conservation Service or the Soil
Conservation District, but excluding enclosed structures.
(b)
Pasture and controlled grazing of animals as
part of an agricultural operation in accordance with conservation
practices approved by the Natural Resource Conservation Service or
the Soil Conservation District.
(c)
Wildlife sanctuary, woodland preserve, and arboretum,
except if subject to damage by flooding.
(d)
Hunting and fishing reserves, operated for the
protection and propagation of wildlife, but excluding enclosed structures.
(e)
Passive recreational uses.
(f)
Stream corridor restoration that utilizes plantings
of native and indigenous species.
(g)
Dams, culverts and bridges that have received
approval from the appropriate municipal, county and state agencies
having such authority;
(h)
Roads that cross the stream corridor as directly
as feasible.
[2]
Editor's Note: This ordinance deleted former
Subsection B(2), which defined stream corridors, and renumbered former
Subsections B(3) through B(10) as B(2) through B(9), respectively.
(3)
Any use not specifically permitted in the stream corridor
is prohibited.
(4)
Any development or use requiring approval under Subsection B(2) above shall require either site plan review or subdivision review pursuant to Article X of this chapter. The procedures and standards of review prescribed in Article X shall be applicable and shall be in addition to the requirements for submission listed in Subsection B(5) below. Nothing in this section shall relieve an applicant from complying with other requirements that are applicable to the development.
(5)
The following information shall be supplied for any development within a stream corridor. Such information shall be in addition to information required by Article X:
(b)
Detailed hydrologic engineering studies indicating
the effects on drainage, streams and adjacent properties as well as
the property in question, including the necessary data to determine
whether the boundaries of the stream corridor would be affected if
the application were granted.
(c)
A plan indicating the disposition of any fill
materials proposed to be deposited by the grading or regrading of
land.
(d)
The designation of how suitable techniques,
including erosion and soil stabilization measures, sediment traps
and nutrient control by vegetation filters or other mechanisms, will
be incorporated to protect the stream.
(e)
A demonstration that the use or activity cannot
be located outside the stream corridor.
(6)
An approved application for development or use on a lot which contains a stream corridor or portion of a stream corridor shall provide a conservation easement for the continued protection of the stream corridor. Conservation easements shall be established by deed or by plat filed with the County Recording Officer in compliance with the Map Filing Law and shall contain the language set forth in § 148-69D(1). In the event any of the exceptions contained in § 148-50B(2) apply, then the conservation easement may be amended upon recommendation of the Planning Board, as applicable.
[Amended 4-21-2008 by Ord. No. 09-2008]
(7)
Appropriate monuments shall be set by the licensed
land surveyor. Such markers shall be set at each conservation easement
corner not previously marked by a monument. All boundary markers shall
be described on the survey provided to show their relation to the
property or corner or, if appropriate, to the boundary lines.
(8)
In addition to monumentation, a suitable form of continuous,
visible delineation (such as a fence) shall be installed so that it
is coterminous with the boundaries of the conservation easement. The
location and detailing for this element shall be included on the plans.
This element shall be designed to be visually compatible with the
character of the stream corridor and the local context and shall be
subject to review and approval by the approving authority. The visible
delineation shall be maintained in perpetuity by the property owner.[3]
[Amended 1-22-2008 by Ord. No. 02-2008; 4-21-2008 by Ord. No. 09-2008]
[3]
Editor's Note: Former Subsection B(9), regarding
signs along the boundary of a conservation easement, which immediately
followed this subsection, was deleted 4-21-2008 by Ord. No. 09-2008.
See now § 149-69D(2).
[1]
Editor's Note: This ordinance also repealed
former Subsection C, Wetlands.
