Township of Middle, NJ
Cape May County

§ 250-601 Grandfathered lots in residential zones.

§ 250-602 Existing residential structures in commercial districts.

§ 250-603 Nonconforming uses and structures.

§ 250-604 Bulk requirements.

§ 250-605 Subdivision and site plan requirements.

§ 250-606 One principal structure and use.

§ 250-607 Signs.

§ 250-608 Parking.

§ 250-609 Buffers.

§ 250-610 Keeping of domestic farm animals.

§ 250-611 Nonresidential trailers.

§ 250-612 Major recreational equipment.

§ 250-613 Flag lot subdivisions.

§ 250-614 Height, area and yards.

§ 250-615 Removal of topsoil, sand and gravel.

§ 250-616 Ponds.

§ 250-617 Filling and dumping.

§ 250-618 Fences and walls.

§ 250-619 General performance standards.

§ 250-620 Mobile homes and mobile home parks.

§ 250-621 Mergers of adjacent lots.

§ 250-622 Handicapped access to residences.

§ 250-623 Separation distance between principal and accessory buildings and structures.

§ 250-624 Open space.

§ 250-625 Noncontiguous parcel clustering (NPC).

§ 250-626 Open space clustering (OSC).

§ 250-627 Cape May Court House Overlay Zone.

§ 250-628 Cape May Tributaries and Bays East Overlay Zone.

§ 250-629 Renewable energy systems.

§ 250-630 Sidewalk cafes.

§ 250-631 Accessory structures.

§ 250-632 Design standards and design guidelines.

§ 250-633 Design standards for all residential.

§ 250-634 Design standards for two-family dwellings.

§ 250-635 Design standards for townhouse development and multifamily residential.

§ 250-636 Design guidelines for townhouse and multifamily residential.

§ 250-637 Design standards for commercial.

§ 250-638 Design guidelines for Town Center, Town Business and Village Commercial Zones.

§ 250-639 Design standards for mixed-use buildings.

§ 250-640 Design guidelines for nonresidential uses in Cape May Court House Overlay Zone.

§ 250-601 Grandfathered lots in residential zones.

[Amended 10-17-2011 by Ord. No. 1398-11; 12-17-2012 by Ord. No. 1432-12]
A. 
A single-family dwelling is a permitted use on a vacant residential lot or combination of lots if all of the following conditions are satisfied:
(1) 
The lot(s) are existing or received preliminary subdivision approval before the effective date of this chapter.
(2) 
The parking requirements of this chapter are met.
(3) 
The following bulk requirements are met
Zone Lot Area (square feet) Lot Front- age (feet) Lot Width (feet) Front Set-back (feet) Rear Set-back ** (feet) Side Set-back ** (feet) To-tal Side (feet) Maxi-mum Per-cent Cov-er- age Height (feet)
TR sew-ered 5,000 50 50 20 20 5 15 50% build-ing; 70% im-perv-ious 35
SR and R sew-ered 12,000 75 75 30 30 10 25 35% build-ing; 60% im-perv-ious 35
All other resi-dent-ial zones and septic lots in TR, SR and R 35,000* 100 100 40 40 12 32 20% build-ing; 50% im-perv-ious 35
NOTES:
*Minimum unconstrained contiguous lot area of 15,000 is required. **All accessory structures shall have a minimum six-foot side and rear yard setback.
B. 
If any existing single-family dwelling on a nonconforming lot is destroyed or demolished, it can be rebuilt without variance, as long as the setback requirements are met for the zone in which the lot is located.
C. 
An existing single-family dwelling on a nonconforming lot in the RC Rural Conservation Zone may be rebuilt without variance as long as it meets the parking requirements of this chapter and the bulk requirements outlined in § 250-601A(3).

§ 250-602 Existing residential structures in commercial districts.

Any lot with an existing single-family residential structure existing as of the effective date of this chapter and located in any commercial zoning district, the area or dimensions of which do not meet the requirements of the district in which the lot is located, but which lot has a minimum lot frontage and lot width of 100 feet, a lot depth of 125 feet and a lot area of no less than 20,000 square feet, may have a building permit issued without variance approval for additions, renovations or other development pertaining to the single-family residential use, provided that the building coverage limit will not exceed 25% of the lot area, parking requirements are met, and there are side yards of no less than 15 feet each, a rear yard of no less than 30 feet and a front yard of no less than 30 feet.

§ 250-603 Nonconforming uses and structures.

A. 
The lawful use of land or structures existing at the date of adoption of this chapter, as amended, may be continued although such use or structure does not conform to the provisions specified in this chapter, as amended, for the zoning district in which such use or structure is located.
B. 
Any nonconforming use or structure which has been changed to a conforming use or structure shall not be changed back again into a nonconforming use or structure.
C. 
Any nonconforming use, structure or lot may change ownership and continue to function as the same nonconforming use, structure or lot, provided that all other provisions of this chapter and other applicable laws are met.
D. 
No structure containing a nonconforming use shall be enlarged, extended, constructed, reconstructed or structurally altered in any manner without an appeal to the Board of Adjustment.
E. 
A prior nonconforming structure may be enlarged, extended, constructed or structurally altered if such alteration or enlargement neither increases nor extends the existing nonconformity nor creates a new violation. Additions to existing nonconforming structures must meet all existing setbacks affected by the addition and may not extend the existing nonconformities, e.g., an addition to an existing building that violates the front yard setback, with the proposed addition to the rear which meets all existing bulk requirements, is permissible. Maximum lot and building coverage requirements must also be satisfied. A nonconforming structure may be restored or repaired in the event of partial destruction thereof but shall not be reconstructed if totally destroyed without approval from the Board of Adjustment. In the event of a catastrophic event (hurricane, tornado, flood) affecting the entire Township and not just a single property, a nonconforming structure may be rebuilt in the same footprint or on the lot meeting current zoning regulations. Said building would need authorization from the proper municipal authorities, as well as all applicable outside governmental bodies and agencies. This subsection shall be strictly construed to be applicable to the catastrophic event situation so as to not otherwise contradict the requirements of the Municipal Land Use Law concerning nonconforming structures.
F. 
Any lot upon which a nonconforming use or structure is located shall not be reduced in size, nor shall any lot already nonconforming be made more nonconforming in any manner. No variance is required to increase the size of a nonconforming lot.

§ 250-604 Bulk requirements.

Any permitted use for which no bulk requirements are provided shall be evaluated at the time of site plan review for compatibility and consistency with the bulk requirements of the predominant permitted use in the district.

§ 250-605 Subdivision and site plan requirements.

All applications are subject to any applicable sections of the Middle Township Subdivision of Land and Site Plan Review Ordinance,[1] unless specifically exempted in this chapter or pursuant to the Municipal Land Use Law.[2]
[1]:
Editor's Note: See Ch. 218, Subdivision of Land and Site Plan Review.
[2]:
Editor's Note: See N.J.S.A. 40:55D-1 et seq.

§ 250-606 One principal structure and use.

Only one principal structure and only one principal use are permitted on a lot unless otherwise specified in this chapter.

§ 250-607 Signs.

Any deviation from size and number of signs shall require a variance, notwithstanding that the regulations are contained in Chapter 218, the Middle Township Subdivision of Land and Site Plan Review Ordinance.

§ 250-608 Parking.

Any deviation from the required number of parking spaces shall require a variance, notwithstanding that the regulations are contained in Chapter 218, the Middle Township Subdivision of Land and Site Plan Review Ordinance.

§ 250-609 Buffers.

Any deviation from the required buffers shall require a variance, notwithstanding that the regulations are contained in the Site Plan Ordinance.[1]
[1]:
Editor's Note: See Ch. 218, Subdivision of Land and Site Plan Review.

§ 250-610 Keeping of domestic farm animals.

A. 
Purpose. In order to support and encourage the rural and agricultural character of the community and to expand local food production and access to food, the keeping of domestic farm animals as pets and for food supply is permitted in accordance with the regulations below.
B. 
Small domestic farm animals. The keeping of the following small domestic farm animals for recreational purposes, or used for eggs or meat or other food, is permitted in all residential districts in accordance with the following provisions:
(1) 
Includes chickens and ducks only.
(2) 
Such animals must be completely contained on site.
(3) 
The animals shall not be bred to be sold or used to generate income in any way, except in conjunction with a farm stand, as defined herein.
(4) 
The minimum lot area is 10,000 square feet.
(5) 
For parcels 10,000 to 35,000 square feet, a maximum of five small domestic farm animals is permitted.
(6) 
For parcels 35,001 square feet to two acres, a maximum of 10 small domestic farm animals is permitted.
(7) 
These regulations apply to the keeping of bees.
C. 
The keeping of horses and ponies and other large farm animals for recreational purposes shall be permitted as an accessory use in the RC and SR Zoning Districts, provided that no more than two such animals are kept on any single lot or parcel and that any such animals are kept in a completely fenced area no less than 1/2 acre in size on a parcel of not less than five acres in size.

§ 250-611 Nonresidential trailers.

A trailer used for construction headquarters or for the storage of materials used during construction may be parked at a construction site for a period not to exceed the construction period. Such trailer need not meet the yard requirements of the district in which it is located. No trailer shall be used as an office or any nonresidential use except when in conjunction with a campground, mobile home park or trailer sales business. One temporary sign, not exceeding 32 square feet, shall be permitted to announce the erection of a building and call attention to the prime contractor, subcontractor(s), architect, financing institution and other firms participating in the construction.

§ 250-612 Major recreational equipment.

For purposes of this chapter, “major recreational equipment” is defined as including boats and boat trailers, travel trailers, pickup campers or coaches designed to be mounted on automotive vehicles, motorized dwellings, tent trailers and the like, and cases or boxes used for transporting recreational equipment, whether occupied by such equipment or not. No major recreational equipment shall be parked or stored on any lot in a residential district except in a carport or enclosed building or behind. No such storage shall be located in any required front or side yard; provided, however, that such equipment may be parked anywhere on residential premises for not to exceed 24 hours during loading or unloading. No such equipment shall be used for living, sleeping or housekeeping purposes when parked or stored on a residential lot or in any location not approved for such use.

§ 250-613 Flag lot subdivisions.

A. 
The purpose of flag lots is to permit a subdivision of large, narrow lots for one additional dwelling.
B. 
Flag lots are permitted in the RC and SR Zoning Districts only.
C. 
A flag lot shall meet the applicable area and yard requirements prescribed for the zoning district in which it is located, except for frontage. A minimum frontage of 50 feet shall be required for the flag lot, and the flag “pole” shall maintain a width of 50 feet all the way to the "flag" portion of the lot. The area of the flag lot shall be calculated by including only the "flag" portion of the lot, and the "pole" portion of the lot shall not be included in that calculation.
D. 
The non-flag lot shall meet all requirements of the district in which it is located.
E. 
Any future subdivision of any part of the original tract shall be classified as a major subdivision and shall meet all applicable requirements of this chapter and the Subdivision of Land and Site Plan Review Ordinance.[1]
[1]:
Editor's Note: See Ch. 218, Subdivision of Land and Site Plan Review.
F. 
No more than one flag lot per parcel shall be permitted.
G. 
Along the area of the front property line that does not abut a public road or right-of-way, the maximum fence height shall be six feet.

§ 250-614 Height, area and yards.

A. 
Height. The building height limitations of this chapter shall not apply to spires, belfries, cupolas, antennas, water tanks, HVAC units, chimneys, decorative architectural features and facades commonly placed above the roof level and not intended for human occupancy or use, including storage, or for business activity, including storage, or for any other such use. The Planning Board or Zoning Board, when reviewing an application before it, may reasonably limit this exception from the calculation of building height when it is determined to be excessive with regard to the building under review or out of character with regard to other buildings in the area.
B. 
Porches. Any roofed-over porch attached to a dwelling shall be considered a part of the building in the determination of minimum yard requirements but shall not be considered a part of the habitable floor area in establishing the minimum dwelling size.
C. 
Projecting architectural features. The space in any required yard shall be open and unobstructed except for the projection of ordinary architectural features, including windowsills, belt courses, cornices and eaves; provided, however, that such features shall not project more than two feet into any required yard.
D. 
The maximum height within a flood hazard area is 35 feet above base flood elevation.
[Added 5-20-2013 by Ord. No. 1446-13 and 8-5-2013 by Ord. No. 1445-13]

§ 250-615 Removal of topsoil, sand and gravel.

No person, firm or corporation shall strip, excavate or otherwise remove topsoil, sand or gravel from the premises, except where it can be conclusively proven that retention of the topsoil would create a hardship. Planning Board approval is required.

§ 250-616 Ponds.

Irrigational and recreational ponds are permitted if developed in accordance with the standards of the Soil Conservation District.
A. 
Ponds shall be considered an accessory use. Ponds that are at grade with waterfalls under two feet in height and that meet setbacks require a zoning permit from the Middle Township Zoning Board. Ponds that exceed this shall need approvals from the Zoning Board of Adjustment.
B. 
Before any pond, wall or waterfall is to be constructed, a zoning permit must be obtained. The request for a permit must be accompanied by a plan which shows the height, location, type and design of the proposed pond or waterfall. In addition, the plan must illustrate the proposed pond, wall or waterfall in relation to all buildings, structures, lot lines and rights-of-way utilizing a survey. Walls and waterfalls shall not exceed two feet in height.

§ 250-617 Filling and dumping.

No garbage, rubbish, refuse or other waste material or silt, except soil, sand, gravel or rock deposited for the purpose of regrading or landscaping the land on which it is deposited, shall be dumped, pumped or deposited in any district, except when permitted in specific cases by the Planning Board. In such cases, the Planning Board may prescribe any requirements or conditions it deems necessary for the protection of property values and the general health, safety and welfare, including buffer strips, landscaping, fences and requirements needed to prevent the disruption of surface drainage, the pollution of groundwater resources, the creation of mosquito- and other insect-breeding areas, air pollution and conditions conducive to rodents.

§ 250-618 Fences and walls.

A. 
Fences and/or walls shall be required for the specific areas listed:
(1) 
A six-foot-high chain-link fence may be required around the perimeter of all detention and retention basins. Such fence shall contain at a minimum one entrance gate eight feet in width to provide access for maintenance vehicles. Such fence must be located so as to provide a minimum six-foot-wide level area around the rim of the basin.
(2) 
A six-foot-high solid fence or wall shall be used around all commercial trash containers, with a gate in a width and location so as to allow easy access and emptying of same.
(3) 
A four-foot-high fence or wall shall be required around all pools with a depth of 24 inches or greater.
B. 
Construction standards for fences and walls.
(1) 
All fences or walls must be erected within the property lines and may not encroach upon any public right-of-way.
(2) 
All supporting members of a fence or wall are to be located on the inside of the fence; and all razor wire, cloth and canvas fences are prohibited Permitted materials include wood, chain-link, wrought-iron, stone, aluminum and steel.
(3) 
Fences or walls which are to be painted shall be painted in one color only, harmonious with the surrounding area.
(4) 
No fence or wall shall impede the flow of natural drainage or cause surface water to be blocked or dammed.
(5) 
Before any fence or wall is to be constructed, a building permit must be obtained. The request for a permit must be accompanied by a plan which shows the height, location, type and design of the proposed fence or wall. In addition, the plan must illustrate the proposed fence or wall's relation to all buildings, structures, lot lines, rights-of-way and yards utilizing a survey of the property or a Tax Map.
C. 
Fence/wall height restrictions. Fences or walls erected in the Township of Middle shall not exceed six feet in height above ground level, except as follows:
(1) 
Any fences or walls located in a front yard or within 50 feet of a river, stream, or other natural body of water shall not exceed a height of four feet. A front yard is measured from the property line to the corner of the principal structure.
(2) 
For flag lots only, along the area of the front property line that does not abut a public road or right-of-way, a fence height up to six feet is permitted.
(3) 
Any fences or walls located on park, recreation or school properties may be a maximum of eight feet in height, provided that the same are located in the side and/or rear yards.
D. 
For fences on lots that front more than one street, the Zoning Officer shall determine the maximum height of the fence facing the street that is not the front.

§ 250-619 General performance standards.

No building, structure or premises may be used, altered or occupied in a manner as to create any dangerous, injurious, noxious or otherwise objectionable fire, explosive, radioactive or other hazard, noise or vibration, smoke, dust, odor, or other form of air pollution, electrical or other disturbance, glare, liquid or solid refuse or wastes, conditions conducive to the breeding of rodents or insects, or other substance, condition or element in any manner or amount as to adversely affect the surrounding area.
A. 
Fire and explosive hazards.
(1) 
All activities and all storage of flammable and explosive material at any location shall be provided with adequate safety devices against the hazards of fire and explosion. Adequate fire-fighting and fire-suppression equipment and devices, as specified by state or Township codes or by the Fire Inspector of the Township of Middle, shall be provided. All buildings, structures and activities within such buildings shall conform to all applicable fire regulations.
(2) 
All uses shall conform to the following procedures regarding storage and waste disposal:
(a) 
No highly flammable or explosive liquids, solids, or gases may be stored in bulk above ground, except tanks or drums of fuel directly connecting with energy devices or other appliances located and operated on the same lot as the tanks or drums of fuel.
(b) 
All outdoor storage facilities for fuel, raw materials, and products and all fuel, raw materials and products stored outdoors shall be enclosed by an approved safety fence.
(c) 
No materials or wastes may be deposited upon any lot in such form or manner that they may be transferred off the lot by natural causes or forces, nor shall any substance which can contaminate a stream or watercourse and render it undesirable as a source of water supply or recreation, or which will destroy aquatic life, be allowed to be deposited on any lot.
(d) 
All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise attractive to rodents or insects may be stored outdoors only if enclosed in containers which are adequate to eliminate such hazards.
B. 
Radioactive or electrical disturbances. There may be no activities which emit radioactivity at any point. There shall be no electrical disturbance adversely affecting the operation at any point of any equipment other than that of the creator of the disturbance.
C. 
Smoke. There may be no emission at any point, from a chimney or otherwise, for longer than five minutes in any hour, of visible gray or visible smoke of any other color with a shade darker than No. 3 of the standard Ringelmann Chart as issued by the United States Bureau of Mines.
D. 
Smoke, ash, dust, fumes, vapor, gases, and other forms of air pollution. There may be no emission at any point, from any chimney or otherwise, which can cause any damage to health, animals, vegetation, the environment, or other property or which causes any excessive soiling at any point. Any use which produces or results in emissions of any type shall conform to all applicable state and federal pollution-control standards.
E. 
Liquid and solid wastes. There shall be no discharge at any point into any sewerage system or stream or into the ground of any materials in such a way or of such nature or temperature as can contaminate or otherwise cause the emission of hazardous material, except in accord with the standards of the New Jersey Department of Environmental Protection.
F. 
Noise. No person or use may create, continue or permit the creation or continuance of any unreasonably loud, disturbing or unnecessary noise within the confines of the Township of Middle. Unreasonable, loud, disturbing and/or unnecessary noise shall be generally defined in Chapter 179 of the Code of the Township of Middle.
G. 
Vibration. No use may produce unreasonable vibrations to adjacent structures. “Unreasonable vibrations” are those that cause structures to shake, articles to fall from tables and walls, and windows or wall material to break or crack.
H. 
Glare. No direct or sky-reflected glare, whether from floodlights or from high-temperature processes, may be visible from adjoining public streets or adjacent lots when viewed by a person standing on ground level. “Unreasonable glare” would be that which produces a strong dazzling light or reflection of such a light beyond its lot lines.
I. 
Odor. There may be no emission of odorous gases or other odorous matter in such quantities as to be offensive on adjoining streets or adjacent lots.
J. 
Heat. No use may produce heat perceptible beyond its lot lines.
K. 
Refined or unrefined petroleum products.
(1) 
The following uses are specifically prohibited:
(a) 
The storage of crude oil, unrefined or refined petroleum hydrocarbon products and by-products and/or derivatives.
(b) 
The installation and/or operation of any pipeline designed to carry crude oil, refined or unrefined petroleum hydrocarbon products, by-products and/or other derivatives.
(c) 
The construction, maintenance and/or operation of any refinery or other facility to process crude oil, refined or unrefined petroleum hydrocarbon products and/or derivatives, including unprocessed or unrefined natural gas.
(d) 
The loading, off-loading, pumping or any other form of transfer of crude oil, refined or unrefined petroleum hydrocarbon products, by-products and/or derivatives, including unprocessed or unrefined natural gas, to or from any boat, ship, tanker, barge or other floating means or conveyance, dock, terminal, pipe, tank, vehicle or any other facility or equipment.
(2) 
Nothing in this section shall be construed to restrict the storage or movement of necessary oil products for the following uses:
(a) 
Automobile service stations.
(b) 
Retail fuel-distribution centers for heating purposes.
(c) 
Direct supply of fuel to structures specifically permitted by this chapter.

§ 250-620 Mobile homes and mobile home parks.

All house trailers and mobile homes shall be located within a mobile home park. Mobile home parks are subject to all rules and regulations of Chapter 175 of the Middle Township Code. Nothing herein shall be deemed to prohibit the location of a manufactured home bearing appropriate HUD certification on any residential lot in the Township of Middle.

§ 250-621 Mergers of adjacent lots.

Whenever title to two or more contiguous lots is held by the same owner, regardless of how the lots were created and regardless of how the lots were obtained by the owner, and one or more of said individual lots does not conform with the minimum lot area and dimension requirements for the zone in which it is located, the contiguous lots of said owner shall be considered merged into a single lot. Where the land area of such contiguous lots, when combined, meets or exceeds the minimum required lot areas and dimensions, combination of the contiguous lots to comply with the minimum lot size, area and dimensions shall be permitted, provided that no nonconforming lot or lots remain. The aforesaid merger provisions shall not apply with respect to L-shaped lots, back-to-back lots, isolated lots, grandfathered lots, or expansion of single-family residential uses in commercial districts governed by this chapter.

§ 250-622 Handicapped access to residences.

A ramp to provide handicapped access to single-family detached dwellings, twin or two-family dwelling units, duplexes and semidetached dwelling units may encroach into the front, side or rear yard required for the residential use in the zoning district in which it is located, provided that:
A. 
The intrusion shall be into the front yard only if it is impossible to provide handicapped access to the side or rear of the residential premises.
B. 
A handicapped person resides or will reside in the dwelling.
C. 
The intrusion into the front, side or rear yard shall not be allowed any closer than five feet to the applicable property line.
D. 
The applicant for handicapped access ramp approval shall demonstrate to the Zoning Officer that there is no other way than that proposed to construct a handicapped ramp so as not to protrude into the front, side or rear yard as proposed.
E. 
The ramp shall be constructed so as to comply with all applicable construction standards as to size, slope and other details.
F. 
The foregoing approval shall only be permitted in conjunction with residential housing, defined in this chapter as single-family detached, twin or two-family, duplex, or semidetached. No such approval shall be granted in connection with any other type of housing, and no such approval shall be granted in any case with regard to commercially used property.
G. 
A certification from the Zoning Officer shall be required indicating compliance with all the aforesaid requirements before a construction permit may be issued for the proposed ramp.

§ 250-623 Separation distance between principal and accessory buildings and structures.

A. 
The minimum separation distance between principal and accessory structures shall be 10 feet for all lots in all zoning districts in the Township of Middle.
B. 
Decks, patios, terraces, open porches and similar uses shall be considered to be part of the principal structure rather than an accessory structure.

§ 250-624 Open space.

A. 
Open space shall be provided in every planned development and/or clustered development in an amount as required by this chapter. The common open space shall be easily accessible from all parts of the development and shall include, at a minimum, all floodplain and wetlands areas. The following minimum area open space requirements shall be met by all major residential developments within the Township. Such open space areas shall be developed with appropriate active recreational facilities sufficient to meet the needs of the residents of the proposed development. Recreational facilities shall be determined by the Planning Board or Zoning Board as part of the development review.
Dwelling Units in Development Minimum Open Space Required (acres)
20 or fewer 3
40 5
80 8
120 10
120 and above 15
B. 
Common open space shall be dedicated to public ownership or be ownership-restricted by an open space easement or by private deed restrictions running in favor of the residents of the development and/or the Township.
C. 
Every parcel offered to and accepted by the Township shall be conveyed by deed at the time final plat approval is granted, and such acceptance is subject to any conditions the Township may impose. The deeds shall contain restrictions stating to what use(s) such land(s) shall be restricted.
D. 
Any land offered to the Township shall be subject to approval by the Township Committee after review and recommendation by the approving authority. The approving authority shall be guided by the Master Plan, the ability to assemble and relate such lands to an overall plan, the accessibility and potential utility of such lands and such existing features as may enhance or detract from the intended use of the lands. The approving authority may request an opinion from other agencies or individuals as to the advisability of accepting any lands to be offered.
E. 
If common open space is not accepted and dedicated to public ownership, responsibility for maintaining common open space shall lie with the development's homeowners' association or other similar entity. No planned and/or cluster development shall receive preliminary approval unless the applicant presents an adequate plan for the organization and administration of such an association. Such plan shall ensure that the homeowners' association or other entity responsible for the maintenance of common open space shall provide adequate funding for the maintenance, repair and replacement of such open space and its structures by a system of fees assessed against residents of the development. The financial soundness of such homeowners' association or other entity shall include fee arrangements guaranteed by assessments levied on the land in the development through permanent deed restrictions or other suitable guaranties. No planned and/or clustered development shall receive final approval by the Township until all elements of the homeowners' association have been satisfactorily reviewed and approved by the Planing Board and the Department of Community Affairs.
F. 
Any lands dedicated for open space purposes shall contain appropriate covenants and deed restrictions approved by the Planning Board which ensure that:
(1) 
The open space area will not be further subdivided in the future.
(2) 
The use of the open space areas will continue in perpetuity for the purpose specified.
(3) 
All open space shall be clearly indicated on the final plat by metes and bounds.
G. 
All common open space lands shall meet the following requirements:
(1) 
The minimum size of any parcel in a clustered development shall be one acre.
(2) 
It shall be an integral part of the development and shall be located to best suit the purpose(s) for which it is intended.
(3) 
Where feasible, the common open space shall connect into existing Township park, recreation or conservation lands or connect into an adjacent planned development's common open space. Public pedestrian and/or bicycle paths shall be included in the open space whenever feasible and shall be designed to connect into a larger-scale Township system if applicable or feasible.
(4) 
There should be a close visual and physical relationship between the open space and as many dwelling units as is reasonably possible. Open space areas should weave between dwelling units, generally respecting a minimum width of 50 feet and periodically widening out into significant and usable recreation areas.
(5) 
Land so dedicated for open space shall include, wherever feasible, natural features such as streams, wetlands, brooks, wooded areas, steep slopes and other natural features of environmental, scenic and conservation value. The developer may be required to plant trees or make other similar landscaping improvements.
(6) 
No parcel of open space, other than wetlands buffer areas, shall have a dimension of less than 150 feet, measured perpendicular to any lot line for a parallel distance greater than 300 feet; or less than 50 feet for a distance greater than 100 feet.
H. 
All lands set aside for open space shall be developed with active and passive recreational facilities to service the needs of the future resident population. The Planning Board shall have complete and final determination as to the adequacy, usefulness and functionalism of the lands set aside for open spaces. Active and passive recreational facilities shall include but not be limited to the following: ballfields, multipurpose fields, tennis courts, multipurpose court areas, children's playground equipment, passive picnic or sitting areas, swimming pools, bicycle paths and jogging trails.
I. 
The Board may require a developer to make certain site preparation improvements to the open spaces. The Board may provide that the site preparation improvements are made a part of the plan and are noted therein. Same may include the following:
(1) 
Removal of dead trees or diseased trees.
(2) 
Thinning of trees or other growth to encourage more-desirable growth.
(3) 
Grading and seeding.
(4) 
Improvements or protection of the natural drainage system by the use of protective structures, stabilization measures and similar improvements.
J. 
Development of open space and recreational facilities shall proceed at the same rate as development of the dwelling units. To assure compliance with this section, the Planning Board shall require the approval of an open space and recreational amenity phasing map, which shall become part of an overall phasing plan and approval for any subdivision, planned and/or clustered development.
K. 
The requirements of this section relating to the construction of active and passive recreation facilities and the total percentage of open space required within a development may be modified and/or waived by the Planning Board, if requested by the developer, upon the Planning Board's determination that both the area local to the development and the park and recreation needs would be better served by an agreed cash bequest to the designated parks and recreation budget, which sums shall be added to the current year's municipal budget when received as a dedication by rider, in accordance with the provisions of N.J.S.A. 40A:4-39.
L. 
The amount of the contribution required pursuant hereto shall be determined by the estimated cost of the passive and active recreation facilities and equipment that would otherwise be required for the proposed development, which shall also take into consideration the value of the additional lots that the developer will have for sale, and shall be prorated over the total number of building lots, as shown on the preliminary plans submitted by the applicant and approved by the Planning Board, in order to determine a per-lot amount.
M. 
Payment of the contribution required pursuant hereto shall be made prior to the signing of the final plans by the Planning Board Chairman, Planning Board Secretary and Township Clerk and shall be equal to the per-lot amount times the number of building lots shown on the final plans to be signed and filed and shall be made payable to the designated parks and recreation fund. For good cause shown, the Planning Board may enter into an agreement to provide that the payment or payments shall be made at some later time, subject to the posting of adequate performance guaranties in an amount of 120% of the agreed contribution; subject, however, that the delayed period of time shall in no event be later than the issuance of the first certificate of occupancy.
N. 
The cash bequest shall be used exclusively for park and recreation purposes and shall be placed in the current budget line item designated "parks and playgrounds, other expenses."

§ 250-625 Noncontiguous parcel clustering (NPC).

[Amended 10-17-2011 by Ord. No. 1398-11]
A. 
Purpose. To encourage land owners to conserve, preserve, and protect open space, farmland, and the sensitive environmental features of the Township, particularly those located in the environs, by creating a mechanism to move development from the environs to the centers through planned development which offers flexibility in the density, intensity of land uses, and design and type of development.
B. 
Definition.
NONCONTIGUOUS PARCEL CLUSTERING OR NPC
A development technique that allows one or more parcel to be preserved partially or entirely for farming, recreation or open space while its development rights are used on a noncontiguous parcel.
C. 
Applicability. NPC requires that a parcel(s) located in the RC Rural Conservation Zone be partially or entirely permanently deed-restricted from further development, and that development rights that had existed on that land located in the RC Rural Conservation Zone be used instead on a contiguous or noncontiguous parcel(s) in the RC Rural Conservation Zone, TR Town Residential Zone, R Residential Zone, TC Town Center Zone, and/or the HV Hildreth Village Zone pursuant to a planned development in accordance with the regulations in this section and district regulations.
D. 
Minimum lot area requirements, and maximum densities permitted under NPC:
Type RC Rural Conser- vation R Resi- dential TC Town Center TR Town Resi- dential and HV Hildreth Village
Minimum lot area 10 acres combined 10 acres combined 10 acres combined 10 acres combined
5 acres in R 5 acres in TC 2 acres in TR or
1 acre in RC 1 acre in RC HV
1 acre in RC
Maximum density One dwelling unit/acre 6 dwelling units/acre 8 dwelling units/acre 8 dwelling units/acre
E. 
NPC is not permitted in the Cape May Court House Overlay Zone
F. 
Requirements of NPC program. The applicant/developer must comply with each and all of the following requirements:
(1) 
Establish unconstrained land area on parcel(s) in the RC Rural Conservation Zone by providing a map that shows the unconstrained lands on the parcel(s) and provide a NJDEP letter of interpretation to establish the unconstrained lands on the parcel(s).
(2) 
A minimum of one acre of contiguous unconstrained lot area shall be required within the RC Rural Conservation District to ensure that lands to be preserved are adequately sized to have open space value.
(3) 
For each acre of unconstrained land that is preserved in the RC Rural Conservation Zone, one dwelling unit may be developed on the Center (RC, HV, R, TC, or TR) parcel in addition to the number of dwelling units permitted to be developed on the Center parcel subject to the density limitations on the Center parcel.
(4) 
If the RC Rural Conservation parcel intended to be partially preserved is improved with a single-family residential dwelling, there must remain at least 3.5 acres of contiguous, unconstrained, and unrestricted land on the parcel. For instance, if a parcel is developed with a single-family residential dwelling and has 6.5 acres of unconstrained land, the 3.5 acres of unconstrained land surrounding the dwelling shall remain, leaving three acres available to be used in NPC.
(5) 
Acres to be used in NPC must be complete acres; there is no rounding up.
(6) 
Lands within the RC Rural Conservation Zone that are approved for NPC shall be permanently encumbered from any development by a deed restriction in favor of the Township of Middle in a form acceptable to the Municipal Solicitor and recorded with the County Clerk. Nothing shall restrict the Township of Middle from conveying or assigning the deed restriction to other public entities or conservation groups. Any such lands within the RC Rural Conservation Zone to be used for NPC shall not be preserved already pursuant to any other deed restrictions or ownership by a public entity or conservation group.
(7) 
NPC must be part of a planned development as defined in N.J.S.A. 40:55D-65(c).
(8) 
All parcels involved in NPC must be in common ownership at the time the deed restriction is recorded.
G. 
The following lands shall be considered as priority lands for NPC:
(1) 
Lands adjacent to public open space.
(2) 
Lands adjacent to lands identified for federal acquisition as part of the Cape May National Wildlife Refuge.
(3) 
Lands within an NJDEP natural heritage priority site.
(4) 
Lands within Cape May County open space priority acquisition areas.
(5) 
Lands adjacent to preserved farmland.
(6) 
Lands within Rank A or B groundwater recharge areas.
(7) 
Lands within defined wellhead protection areas.
(8) 
Lands containing threatened and endangered species habitats.
(9) 
Lands that are forested with at least 50% canopy cover.
(10) 
Hazard-prone areas as identified by state and federal regulatory agencies and in the Middle Township hazard mitigation plan.

§ 250-626 Open space clustering (OSC).

A. 
Purpose: to provide a method of developing land in the Township so that desirable open spaces, conservation areas, floodplains, recreation areas, agricultural areas, and other environmentally sensitive lands can be preserved.
B. 
Definition.
OPEN SPACE CLUSTERING or OSC
The grouping of residential units on a site to preserve a large portion of land as open space, recreation or agriculture.
C. 
Applicability. OSC is permitted on parcels in the RC Rural Conservation District with a minimum lot area of 10 acres.
D. 
Lot area reduction. Clustered parcels may be reduced from 3.5 acres to a minimum of one acre.
E. 
Density bonus. Developments that utilize OSC can increase the permitted density by 20%.
F. 
Requirements.
(1) 
Density to be clustered shall be based upon one dwelling unit per one acre of unconstrained land. Fractions of lots may be considered in the calculation; however, the lot density shall only be rounded downward to establish the ultimate lot density for the cluster.
(2) 
To determine the underlying lot yield, a conventional sketch plat should be required as part of the application submission for subdivision approval. Standards for minimum contiguous unconstrained lot area shall be established for each residential lot to ensure that there is adequate buildable area to accommodate the dwelling, well and septic areas, and other associated improvements.
(3) 
The preserved land may include recreational facilities, such as play equipment for children, ballfields, court games and picnic tables.
(4) 
Bulk requirements of the developed lots shall follow the SR Suburban Residential District regulations for single-family dwellings.
(5) 
Open space to be created by the development shall be suitable for passive or active recreation uses and/or valuable for the protection of the natural environment and/or necessary for public purposes. Developers have the option of offering the open space lot(s) for dedication to a public entity (such as the Township of Middle, Cape May County, or State and/or Federal Government) or nonprofit land conservation entity. If the lands are not considered suitable for dedication by these governmental entities, the open space shall be encumbered by a permanent deed restriction and designated as a separate lot under the subdivision's homeowners' association, or alternatively the property may be incorporated into one residential lot with a permanent deed restriction prohibiting any further subdivision.
(6) 
The open space to be created by the development shall comply with the open space requirements of this chapter.

§ 250-627 Cape May Court House Overlay Zone.

A. 
Purpose: to limit density and height to protect the character of the historic area of Cape May Court House.
B. 
Applicability: 98 acres in the core of Cape May Court House, as identified in the Township Master Plan and reflected on the Zoning Map.
C. 
The maximum building height shall be 35 feet.
D. 
Townhouse and multifamily residential uses shall be prohibited.
E. 
Noncontiguous parcel clustering is prohibited.

§ 250-628 Cape May Tributaries and Bays East Overlay Zone.

A. 
Purpose: to protect the water quality of the watersheds within the Township and to comply with the established standards for wastewater management plans in the State of New Jersey. Specifically, the state requires that municipalities adopt ordinances that address the carrying capacity of land.
B. 
Background.
(1) 
The quality and quantity of groundwater available directly affects the health and welfare of the population because groundwater is the primary source of potable water for a significant number of Township residents.
(2) 
Contamination of groundwater by nitrates introduced by on-site disposal systems (i.e., septic systems) can result in a high concentration of nitrates.
(3) 
Fertilization contributes to nitrate groundwater contamination.
(4) 
Additional pollutants, such as chemicals, pesticides and animal waste, can be introduced into the groundwater.
(5) 
Rainwater penetration of the aquifer is necessary to dilute groundwater contamination.
(6) 
The New Jersey Department of Environmental Protection and the Pinelands Commission promote and promulgate the use of nitrate dilution models for land use purposes.
(7) 
It is desirable and necessary to regulate development, processes and activities that threaten Middle Township's groundwater.
(8) 
The Nitrate Dilution Ordinance provides for a limitation on the nitrate loading based on the available dilution of each lot being subdivided that proposes the use of an on-site subsurface sewage disposal system.
C. 
Applicability. Lands that are being considered for subdivision within the Cape May Bays and Tributaries East Overlay Zone, as identified in the Township Master Plan and reflected on the Zoning Map, will require that the Planning and/or Zoning Board apply the site-specific nitrate dilution model to the proposed subdivision.
(1) 
This section is not intended to regulate the development of existing individual lots.
(2) 
Further, this section is not intended to modify the underlying zoning area requirements for individual lots; rather it is required to address the standards established by the NJDEP for wastewater management. This zone shall be considered an overlay to the existing underlying zone.
D. 
The proposed on-site sewage disposal systems would continue to be required to be designed in accordance with Standards for Individual Subsurface Sewage Disposal Systems (N.J.A.C. 7:9A, Chapter 199) and continue to be under the jurisdiction of the Cape May County Health Department and NJDEP, where applicable.
E. 
Nitrate dilution model.
(1) 
A nitrate dilution model and analysis shall be provided as part of subdivision approval applications requiring septic systems to ensure that the number of units allowed, regardless of underlying zoning, support conformance with the groundwater standards when considering the available dilution on site. The goal of the analysis is to meet antidegradation for groundwater for 2.0 mg/l.
(2) 
If the designated minimum lot area for the zone cannot meet the standards established for septic disposal systems pursuant to N.J.A.C. 7:9A, then the minimum lot area shall be adjusted to a larger size and configuration as is necessary in order to meet said standards.
(3) 
The nitrate dilution analysis shall utilize NJDEP's Recharge-Based Nitrate-Dilution Model for New Jersey, V.6.0 (Hoffman, J.L. and Canace, R.J., 2004, A Recharge-Based Nitrate Dilution Model for New Jersey: N.J. Geological Survey Open-File Report 04-1, 27), as supplemented or amended, for residential subdivisions, and the Recharge-Based Nitrate-Dilution Model for Small Commercial Establishments in NJ, V.2, as supplemented or amended, for commercial/institutional subdivisions, or another method that has received approval from the NJDEP.
F. 
Requirements.
(1) 
Any proposed subdivision to be served by individual on-site disposal systems (septic) within the Cape May Bays and Tributaries East Overlay Zone must meet the groundwater standard for nitrate (2 mg/l).
(2) 
The design of the system and its discharge point, and the size of the entire contiguous parcel on which the system or systems are located, will ensure that groundwater exiting from the entire contiguous parcel or entering a surface body of water will not exceed 2.0 parts per million nitrate/nitrogen, calculated pursuant to a Recharge-Based Nitrate-Dilution Model for New Jersey, V.6.0, as may be amended by the NJDEP from time to time. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way. Any contiguous parcel under consideration must be deed-restricted to prohibit any further development that would generate additional nitrate loading.
(3) 
Approval of all individual subsurface sewage disposal systems under N.J.A.C. 7:9A remains under the jurisdiction of the appropriate County Health Department and/or NJDEP.
G. 
Administration. The administration of the requirements of this section must be handled by a combination of individuals. The Planning Board shall be responsible to track the number of systems and their acreages for compliance with the results of the individual model.
(1) 
Application procedure – Planning Board. Whenever an application is submitted to the Planning Board for subdivision review and the proposed method of sewage disposal is an individual on-site system, the applicant shall submit an approval from the NJDEP that each system meets the requirements for nitrate dilution. This application shall include the proposed use and the number of residential units No application shall be deemed complete by the Planning Board unless an approval from the NJDEP is received.

§ 250-629 Renewable energy systems.

A. 
Purpose:
(1) 
To promote the safe, effective and efficient use of small-scale wind, solar and other renewable energy systems to reduce the on-site consumption of utility-supplied electricity.
(2) 
To recognize the designation of "inherently beneficial use" of wind and solar renewable energy systems by the New Jersey Municipal Land Use Law[1] by allowing these facilities in all zones as an accessory use, in accordance with the regulations below.
[1]:
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
B. 
Definition.
RENEWABLE ENERGY SYSTEM
Any structure or installation, such as a wind turbine, solar collecting array, or geothermal system, which is designed and intended to produce energy from natural forces, such as wind, sunlight or geothermal heat.
C. 
Renewable energy systems are permitted as an accessory use in all zones and shall meet the following requirements:
(1) 
The primary purpose of the renewable energy system will be to provide power for the principal use of the property. The system shall be sized to accommodate no more than the average annual electric use for the property or, in the case of new construction, the projected annual electrical use for the property.
(2) 
Structures shall not be located in a front yard or side yard.
(3) 
The minimum separation distance required between any structures associated with the renewable energy system and any other structures or buildings on site is 10 feet.
(4) 
Roof-mounted wind turbines are not permitted.
(5) 
All utility lines associated with the renewable energy system shall be underground.
(6) 
Wherever practical and possible, renewable energy structures shall be located on a property so as to not be visible from the street.
D. 
Additional regulations for solar energy systems.
[Amended 10-17-2011 by Ord. No. 1398-11]
(1) 
For a roof-mounted photovoltaic solar system, the panels and all accessory equipment shall extend no more than 12 inches above the highest point of the roof surface or structure. On flat roofs on nonresidential structures, panels may extend higher than 12 inches. If panels extended higher than 12 inches, a minimum of 20 feet is required from the outside edges of the building to the solar panels. The maximum height of roof mounted solar panels on a nonresidential building is eight feet above the roof.
(2) 
For ground-mounted solar energy systems, setbacks shall be in conformance with setbacks required for principal use; height for all related structures is limited to 15 feet above natural grade for residential use properties, and 20 feet above natural grade for nonresidential properties.
(3) 
The maximum lot area that can be covered by ground-mounted solar energy systems for systems associated with residential development is 20%. For nonresidential development, there is no maximum limit on the area that can be covered by ground-mounted solar energy systems as the system size is limited to what will be used on site. The panels shall not be counted towards maximum impervious coverage.
E. 
Additional regulations for wind energy systems.
(1) 
Definitions.
ROTOR DIAMETER
The cross-sectional dimension of the circle swept by the rotating blades of a wind-powered energy generator.
SMALL WIND ENERGY SYSTEM
A wind energy system, as defined in this section, that is used to generate electricity and has a rated nameplate capacity of 100 kilowatts or less.
TOTAL HEIGHT
In relation to a wind energy system, the vertical distance from existing grade to the tip of a wind generator blade when the tip is at its highest point.
TOWER
A monopole, freestanding, or guyed structure that supports a wind generator.
WIND ENERGY SYSTEM
A wind generator and all associated equipment, including any base, blade, foundation, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries or other component necessary to fully utilize the wind generator.
WIND GENERATOR
Equipment that converts energy from the wind into electricity. This term includes the rotor, blades and associated mechanical and electrical conversion components necessary to generate, store and/or transfer energy.
(2) 
Access. All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access. The tower shall be designed and installed so as not to provide step bolts, a ladder, or other publicly accessible means of climbing the tower, for a minimum height of eight feet above the ground.
(3) 
Lighting. A small wind energy system shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration.
(4) 
Appearance, color, and finish. The wind generator and the tower shall remain painted or finished in the color or finish that was originally applied by the manufacturer, unless a different color of finish is approved in the zoning approval.
(5) 
Signs. There shall be no signs that are visible from any public road posted on a small wind generator system or any associated building, except for the manufacturer's or installer's identification, appropriate warning signs, or owner identification.
(6) 
The minimum lot size required to install a wind energy system is one acre.
(7) 
Utility notification and interconnection. Small wind energy systems that connect to the electric utility shall comply with the New Jersey's Net Metering and Interconnection Standards for Class I Renewable Energy Systems at N.J.A.C. 14:4-9.
(8) 
Met towers. A met tower shall be permitted under the same standards, permit requirements, restoration requirements and permit procedures as a small wind energy system.
(9) 
Setbacks. All wind turbines shall be set back from rear and side property lines a minimum of 50 feet. All wind turbines shall be set back from any off-site residential structure the distance equal to the total height of the wind turbine. Setbacks shall be measured to the tip of the blade at its furthest extent.
(10) 
Height. Towers should be the minimum height needed for proper function of the turbine considering site conditions. The industry standard is a minimum of 30 feet above obstacles within a five-hundred-foot radius or the prevailing mature tree line (whichever is higher), for the proper function of the turbine, or at least 60 feet on open ground or higher if recommended by the manufacturer. In no case shall the system height exceed 170 feet.
(11) 
Noise. The wind turbine shall not violate the provisions of the Noise Ordinance of the Township of Middle Code.[2]
[2]:
Editor's Note: See Ch. 179, Noise.
F. 
Permit requirements.
(1) 
Permit. A zoning permit and construction permit shall be required for the installation of a renewable energy system.
(2) 
Documents. Except for roof-mounted solar applications, the zoning permit application shall be accompanied by a plot plan which includes the following:
(a) 
Property lines and physical dimensions of the property.
(b) 
The location, dimensions, and types of existing major structures on the property.
(c) 
In the case of a turbine whose height is greater than any setback, provide the distance of the furthest extent of the turbine to any adjacent residential structures.
(d) 
The location of the all components of the renewable energy system.
(e) 
The right-of-way of any public road that is contiguous with the property.
(f) 
Any overhead utility lines.
(g) 
Energy system specifications, including manufacturer and model, rotor diameter, tower height, and tower type (freestanding or guyed).
(h) 
A copy of the application to the local electric utility for interconnection.
(3) 
Expiration. A permit issued pursuant to this section shall expire if the renewable energy system is not installed and functioning within 24 months from the date the permit is issued or the renewable energy system is out-of-service or otherwise unused for a continuous eighteen-month period.
G. 
Abandonment.
(1) 
A renewable energy system that is out-of-service for a continuous eighteen-month period will be deemed to have been abandoned.
(2) 
The Administrator may issue a notice of abandonment to the owner of a renewable energy system that is deemed to have been abandoned. The notice shall be sent return receipt requested.
(3) 
The owner shall have the right to respond to the notice of abandonment within 30 days from the notice receipt date.
(4) 
If the owner provides information that demonstrates the renewable energy system has not been abandoned, the Administrator shall withdraw the notice of abandonment and notify the owner that the notice has been withdrawn.
(5) 
If the Administrator determines that the renewable energy system has been abandoned, the owner of the small wind energy system shall remove the wind generator from the tower at the owner's sole expense within six months after the owner receives the notice of abandonment.

§ 250-630 Sidewalk cafes.

A. 
Purpose. Sidewalk cafes contribute to the goals of a vibrant and interesting commercial district. The purpose of these rules and regulations is to allow sidewalk cafes in a way that contributes to the goals of the commercial district and the Township and maintains safe and orderly conditions for pedestrians and patrons.
B. 
Definition.
SIDEWALK CAFE
A restaurant with tables on the sidewalk in front of or on the side of the premises.
C. 
Permitted zones. Sidewalk cafes are permitted in all zones where restaurants are a permitted use.
D. 
The hours of operation of a sidewalk cafe shall be limited to the hours of operation of the associated restaurant. In no event shall the hours of operation go past 12:00 midnight.
E. 
Outdoor dining is separate from sidewalk cafe, as it is defined as any part of a food establishment located outdoors.
F. 
Sidewalk cafe standards.
(1) 
No furniture, apparatus, decoration or appurtenance used in connection with the operation of the sidewalk cafe shall be located in such a way that less than five feet of paved sidewalk remains for the exclusive use of pedestrians, nor shall any such furniture, apparatus, decoration or appurtenance project or protrude into, on or above the required five-foot-wide pedestrian passageway.
(2) 
No signs are permitted in the public right-of-way.
(3) 
Adequate lighting shall be provided to promote safe passage of pedestrians and for patrons.
(4) 
Awnings and/or umbrellas may be used in conjunction with the sidewalk cafe. Awnings shall be adequately secured. Awnings, including supporting structures, must be within the property line. The bottom of the awing shall be seven feet from the ground.
(5) 
Any sidewalk cafe that is next to a residential district must meet the setbacks for the principal use or be a minimum of 10 feet from the shared property line, whichever is greater.

§ 250-631 Accessory structures.

A. 
The maximum height above grade for an accessory structure shall be 20 feet.
B. 
No accessory building shall be located in a front yard, except farm stands.
C. 
When an accessory structure is attached to the principal building, it must comply with the principal building's zoning requirements.
D. 
Accessory structures are included as building coverage.
E. 
Accessory structures shall not be larger than the footprint of the principal structure, excluding decks.

§ 250-632 Design standards and design guidelines.

Deviation from any design standard requires a zoning variance. Design guidelines are not requirements, and deviation does not require a variance or waiver; however, every effort should be made by the applicant to implement the guidelines into his/her/its development.

§ 250-633 Design standards for all residential.

A. 
A minimum roof pitch of 5:12 is required for all residential buildings. Mixed-use buildings are permitted to have a flat roof; however, if a pitch roof is used, a slope of 5:12 must be provided.

§ 250-634 Design standards for two-family dwellings.

A. 
The respective dwelling units must have an unpierced wall or ceiling and floor.
B. 
The two dwelling units shall be comparable in style, materials, height and size with each other and must present a unified perspective.

§ 250-635 Design standards for townhouse development and multifamily residential.

A. 
All townhouse dwelling unit buildings should be arranged into clusters. The maximum number of units per cluster is eight.
B. 
All buildings shall be located at least 15 feet from any common parking area or driveway.
C. 
The minimum distance between residential buildings shall be 50 feet.
D. 
Building spacing for nonresidential structures, such as a community building, etc., shall be no closer than 50 feet to any residential structure.
E. 
Building facades shall be offset a minimum of four feet after every two dwelling units.
F. 
Adequate facilities for disposal of refuse shall be provided, and all refuse disposal units shall be screened from view and designed in accordance with § 218-85 of the Middle Township Subdivision of Land and Site Plan Review Ordinance. In addition, all refuse disposal areas shall be landscaped in accordance with § 218-81 of the Middle Township Subdivision of Land and Site Plan Review Ordinance.[1]
[1]:
Editor's Note: See Ch. 218, Subdivision of Land and Site Plan Review.
G. 
Site design shall provide for pedestrian, bicycle and vehicular linkages between tracts as needed to achieve an interior road and walkway system that will permit passage among housing clusters.
H. 
All utility lines, including telephone and electric transmission service, shall be installed underground. Fire hydrants shall be installed by the developer as recommended by the Township Engineer and Fire Chief.
I. 
Parking. On-site parking facilities shall be provided for residential units in accordance with the parking standards as set forth in § 218-77 of the Middle Township Subdivision of Land and Site Plan Review Ordinance.[2] All parking facilities shall be on the same site as the building and located within 150 feet of the nearest entrance of the building they are intended to serve. Parking spaces shall be provided in areas designed specifically for parking, and there shall be no designated parking spaces along interior streets. The total area devoted to parking shall not exceed 20% of the tract, and the total aggregate area devoted to both parking and interior streets shall not exceed 30% of the tract.
[2]:
Editor's Note: See Ch. 218, Subdivision of Land and Site Plan Review.
J. 
Landscaping. The minimum landscape buffer shall be 25 feet in depth along all property lines. All planning developments are required to submit a detailed landscaping plan pursuant to § 218-81 of the Middle Township Subdivision of Land and Site Plan Review Ordinance.[3] All landscape requirements as set forth in the ordinance regarding parking areas, interior roadways, screening, shade trees, plant materials, topsoil and seeding and planting methods shall be adhered to in the design of a planned development. Landscaping shall be provided which will enhance the visual appearance of the site and which incorporates appropriate architectural, engineering and aesthetic uses. All reasonable efforts shall be made to preserve as much of the existing vegetation as possible.
[3]:
Editor's Note: See Ch. 218, Subdivision of Land and Site Plan Review.
K. 
Signage. One sign identifying the name of the development shall be permitted which does not exceed 16 square feet in area. All other requirements as set forth in § 218-83 of the Middle Township Subdivision of Land and Site Plan Ordinance shall be adhered to.[4]
[4]:
Editor's Note: See Ch. 218, Subdivision of Land and Site Plan Review.
L. 
Open space requirements. Open space shall be designed as an integral part of all planned unit residential projects and shall provide a range of opportunities for active and passive recreation as well as protect and preserve the natural environment.
(1) 
All developments shall have a minimum of 10% of the gross tract acreage reserved as common open space. Streets, roadways, parking and other improved areas shall not be considered open space. No floodplain, wetland or critical environmental land can be used to fulfill this requirement. Common open space shall be developed with active and passive recreational facilities to serve the needs of the residents, including but not limited to multipurpose fields and court areas, playground equipment, swimming pools, bicycle paths and jogging trails, plazas, passive picnic or sitting areas, etc.
(2) 
Dwelling unit structures shall be arranged and designed so that a maximum number of dwelling units front directly on the common open space.
M. 
Building configurations.
(1) 
Buildings may consist of any configuration that meets the prescribed area and yard requirements and does not exceed the following overall or component building lengths:
(a) 
Two hundred feet on one plane.
(b) 
Three hundred forty feet on any angle.
(c) 
Five hundred feet along the center line.
(2) 
Buildings measured along the center line shall provide one opening at ground level at least every 250 feet. This opening shall be a minimum of 15 feet in clear width and height and be at an elevation enabling emergency vehicle access through the opening.
N. 
All streets, both internal and external (including grading and paving), driveways, parking areas, sidewalks, curbs, gutters, streetlighting, shade trees, water mains, water systems, culverts, storm sewers, sanitary sewers, pumping stations, drainage structures and such other improvements as may be found to be necessary for the health, safety and welfare of the public and in the public interest, including recreational facilities, shall be installed at the expense of the developer and shall be completed to the satisfaction of the Township Engineer before a certificate of occupancy may be issued. In lieu of total completion of landscaping improvements only, an adequate performance guaranty posted in accordance with the provisions of this chapter may be accepted for a period of no more than one year, during which such landscaping improvements shall be completed or the guaranty will be forfeited. All utility lines shall be installed underground.

§ 250-636 Design guidelines for townhouse and multifamily residential.

A. 
Architectural design.
(1) 
A townhouse development project shall provide, to the maximum extent practicable, individual dwelling unit design which includes varying unit width, staggering unit setbacks, different exterior materials, varying roof designs and altering building heights.
(2) 
Each dwelling unit and combined complex of dwelling units shall have a compatible architectural theme that is consistent within each cluster. The design shall take into consideration the relationship of buildings to the site and to other structures, as well as orientation to the sun so that solar energy may be utilized.

§ 250-637 Design standards for commercial.

A. 
Setbacks shall apply to any displays or equipment, and exterior storage of materials used for commercial sales, unless specifically noted on approved site plans or permitted by license.
B. 
All business shall be conducted within an enclosed building, except that the outdoor display of certain items customarily displayed outside of an enclosed building, including automobiles, boats, trailers, mobile homes, flowers and nursery stock, gardening supplies and equipment, farm produce, outdoor furniture and accessories and playground equipment, may be permitted. All outdoor display areas should be specifically shown on the approved site plan. No other merchandise, products or similar materials or objects shall be displayed or stored outside unless appropriately screened and maintained.
C. 
The principal building may contain more than one use, provided that the total building coverage of the combined uses does not exceed the maximum building coverage specified for the district and, further, that each use occupies a minimum gross floor area of 500 square feet.
D. 
At least the first 10 feet adjacent to any street line and 10 feet adjacent to any lot line shall not be used for parking or driveway areas and shall be planted and maintained in lawn area or ground cover or landscaped with evergreen shrubbery and separated from the parking area by poured concrete curbing.
E. 
Any use resulting in the storage of vehicles outside shall have such area entirely enclosed by a fence, wall, plant material or combination thereof in order to provide a visual barrier between the storage areas and any street or property line. Such outside storage area shall not exceed 30% of the lot area and shall be located in the rear yard only.
F. 
All buildings shall be compatibly designed, whether constructed all at one time or in stages over a period of time. All building walls facing any street or a residential zoning district line shall be suitably finished for aesthetic purposes, which shall not include unpainted or painted cinder block or concrete block walls.
G. 
All areas not utilized for buildings, parking, loading, access aisles and driveways or pedestrian walkways shall be suitably landscaped with shrubs, ground cover, seeding or similar plantings and maintained in good condition in accordance with the design standards as set forth in the Subdivision of Land and Site Plan Ordinance.[1]
[1]:
Editor's Note: See Ch. 218, Subdivision of Land and Site Plan Review.
H. 
A twenty-five-foot buffer area shall be provided along any common property line with a residential zoning district in accordance with the design specifications stated in the Subdivision and Site Plan Ordinance.[2]
[2]:
Editor's Note: See Ch. 218, Subdivision of Land and Site Plan Review.
I. 
Rooftop heating, ventilating and air-conditioning (HVAC) systems, exhaust pipes and stacks, satellite dishes and other telecommunications receiving devices should be screened or otherwise specially treated to be inconspicuous as viewed from the primary or secondary street and adjacent properties.
J. 
Transparency.
(1) 
Ground-floor commercial uses shall have large-pane display windows on the primary and secondary street frontages. Such windows should be framed by the surrounding wall and should be a minimum of 60% of the total ground-level facade area. Windowsills should not be more than three feet above the sidewalk.

§ 250-638 Design guidelines for Town Center, Town Business and Village Commercial Zones.

A. 
Purpose. The purpose of the following guidelines is to establish a set of principles and requirements to be used when reviewing the physical, visual and spatial characteristics of development plans. These guidelines will enhance the Centers and encourage development and redevelopment at a scale that is characteristic of Middle Township's regional centers and villages. The design guidelines discussed below consist of principles that should be followed in designing developments. They are meant to be used both by developers preparing subdivision and site plans and by planning and zoning boards in reviewing development applications in the Town Center, Town Business and Village Commercial Zones. Nonresidential and mixed-use buildings within these zones should be designed to convey a small-town scale and character. Buildings within these zones should contain the following design elements.
B. 
Materials.
(1) 
Building facades visible from a street should consist of brick, stone, cast stone, clapboard, cedar shakes or other high-quality material that is durable.
(2) 
Cornices should consist of wood, stone or fiberglass.
(3) 
Facades not visible from a street may use vinyl siding or any other durable material compatible with the materials of the other facades.
C. 
Scale.
(1) 
The building facade should create a defining wall along the streetscape.
(2) 
Covered archways (a minimum of eight feet wide) may connect rear parking areas to the street, enabling pedestrian circulation.
(3) 
Building exteriors should have vertical and/or horizontal offsets to create visual breaks on the exterior. Building facades visible from the street that are 50 feet or more in length should be articulated into smaller increments through the following techniques:
(a) 
Stepping back or extending forward a portion of the facade.
(b) 
Use of different but compatible materials.
(c) 
Division into storefronts with separate display windows and entrances.
(d) 
Awnings, balconies or other ornamental features.
(4) 
Long, blank, windowless, monotonous, uninterrupted walls of more than 15 feet in length are discouraged.
(5) 
Building wall offsets, including projections and recesses such as balconies, canopies, awnings, and architectural details, are encouraged.
(6) 
Blind windows, display windows and/or intensive landscaping can be employed in place of blank walls.
D. 
Articulation.
(1) 
The building facade should have a clearly defined base, body and cap. The base, or ground floor, should appear visually distinct from the upper stories through the use of a change in building materials, window shape or size, an intermediate cornice line, awning, etc.
(2) 
The middle section of the facade may be horizontally divided at floor, lintel or sill levels with belt courses.
(3) 
The architectural treatment of a facade should be maintained around all street-facing facades of a building.
(4) 
All sides of a building should be part of a unified architectural design so as to be consistent with regard to style, materials, colors and details.
E. 
Corner buildings.
(1) 
Buildings on corners are significant buildings because they have two frontages visible from the street.
(2) 
Corner buildings act as important landmarks within the Centers.
(3) 
Corner buildings should feature a prominent architectural element, such as a chamfered corner, significant facade articulation or portico.
F. 
Roofs.
(1) 
The shape, pitch and color of a roof should be architecturally compatible with the style, materials and colors of such building.
(2) 
If the building has a flat roof, a parapet should project vertically to hide any roof-mounted mechanical equipment. Additionally, a cornice should project out horizontally from the facade and should be ornamented with moldings, brackets or other details.
(3) 
If the building has a pitched roof, a minimum pitch of 5:12 should be provided.
(4) 
Pitched roofs are encouraged to have dormers, chimneys, cupolas and other similar elements to provide architectural interest. These elements should be compatible with the style, materials, colors and details of the building.
(5) 
Roofline offsets should be provided along any roof measuring more than 30 feet in length in order to provide architectural interest and articulation to a building. Base panels or bulkheads are encouraged between the sidewalk and the windowsills.
(6) 
Windows are encouraged to be vertically proportioned wherever possible.
(7) 
Buildings of architectural styles that normally have windows with muntins or divided lights should utilize those types of windows.
(8) 
Upper levels should have a minimum transparency of 20% on the primary and secondary street frontages.
(9) 
Glass blocks are not permitted on facades that abut primary or secondary streets.
(10) 
Exterior security gates should not be used. Interior security gates should be designed compatible with the architecture of the building and should allow for visibility of window displays at the ground level.
(11) 
Transoms above display windows are encouraged.
G. 
Entrances.
(1) 
The primary entrance to any building should front on a primary or secondary street. Additional secondary entrances may be oriented to a secondary street or parking area.
(2) 
All entrances to a building should be defined and articulated by architectural elements such as lintels, pediments, pilasters, columns, overhangs or canopies.
(3) 
Entrances should be inviting to pedestrians and, to the fullest extent possible, provide shade and weather protection.
(4) 
These elements should be compatible with the style and materials of the building.
(5) 
Entrances may also be defined by planters as well.
H. 
Lighting.
(1) 
Light fixtures attached to the exterior of a building are encouraged. These fixtures should be architecturally compatible with the style, material and colors of such building.
(2) 
Low-pressure sodium or mercury vapor lighting is prohibited.
(3) 
Energy-efficient lighting is encouraged.
(4) 
The use of lighting should be integrally designed as part of the built environment and should reflect a balance for the lighting safety needs with the contextual ambient light level and surrounding nighttime characteristics of the Centers.
(5) 
Lighting designs should be designed to minimize glare and light trespass, to provide energy conservation, and to maintain dark skies.
(6) 
Full cutoff fixtures, mounting heights, and shielding should be utilized to effectively control glare and light trespass.
(7) 
Architectural lighting, if proposed, should be included with the site plan application and should only be utilized to highlight special features. Lighting of expansive wall planes, towers, and roofs or the use of architectural lighting that results in hot spots should be avoided.
(8) 
Landscape lighting, if proposed, should be included with the application. Landscape lighting should only be utilized to accent landscaping, should be pointed away from the property line, and fixtures should contain fixture shields to minimize glare and light source visibility.
(9) 
See § 218-82 for additional lighting standards.
I. 
Sustainability.
(1) 
Where feasible, solar panels are encouraged to be provided on rooftops to capture renewable energy.
(2) 
Rooftop gardens are encouraged on flat roofs to decrease stormwater runoff.
(3) 
The use of water-saving fixtures is encouraged.
(4) 
Development should utilize conservation strategies in landscape watering.
(5) 
Native plant materials should be selected that are hardy and drought-resistant.
(6) 
The use of rain gardens is encouraged to increase on-site water recharge.

§ 250-639 Design standards for mixed-use buildings.

A. 
Residential units are permitted on upper floors only in mixed-use buildings.
B. 
Parking shall be located in the rear yard only.
C. 
Nonresidential use is required to be situated along the entire street-level frontage, with the exception of side yard setback requirements, pedestrian and bicycle access to residential areas, and driveways to off-street parking areas.
D. 
Wherever possible, driveways should be located on side streets or shared driveways.
E. 
Shared parking. The residential parking requirement may be reduced up to 25% in mixed-use buildings.
F. 
Commercial area for any mixed-use building shall follow the design standards in accordance with § 250-637, Design standards for commercial.

§ 250-640 Design guidelines for nonresidential uses in Cape May Court House Overlay Zone.

A. 
Purpose. All new construction, additions and renovations in the Cape May Court House Overlay Zone should be designed to be compatible with the historic nature of the respective areas. To retain community character, new construction, additions and renovations should achieve compatibility through appropriate massing, shape, size, materials, orientation, setback and the like.
B. 
Size, scale, and proportion.
(1) 
Construction should relate to the dominant proportions, size and scale of the buildings in the surrounding area.
(2) 
The building facade shall create a defining wall along the streetscape.
C. 
Shape and massing.
(1) 
Construction should incorporate massing, building shapes, and roof shapes that are present in the surrounding area.
(2) 
The architectural treatment of a facade shall be completely continued around all street-facing facades of a building. All sides of a building shall be architecturally designed so as to be consistent with regard to style, materials, colors and details.
D. 
Materials.
(1) 
Building materials should be compatible with those of buildings in the surrounding area.
(2) 
Traditional materials that are common to the area, such as brick and wood siding, are preferred.
(3) 
All siding patterns should have the finished appearance of lapped board or bevelled board on the principal structure.
(4) 
Board and batten type construction is permitted on accessory buildings.
(5) 
Roofing finish should have the appearance of shake or shingle, standing seam or batten seam typical of the particular architectural style and period.
E. 
Patterns and rhythm.
(1) 
The rhythm of facades along the street and the components thereof should be maintained.
(2) 
Large buildings can be divided into bays to reflect rhythms exhibited by smaller structures.
(3) 
Buildings greater than 30 feet in width should be delineated with architectural elements or stepped backward or forward to provide architectural interest.
(4) 
Building wall offsets, including projections and recesses such as balconies, canopies, awnings, and architectural details, are encouraged.
(5) 
Construction should continue the floor-to-floor and cornice heights that are dominate in the surrounding area or incorporate detailing to suggest those heights.
F. 
Windows and doors.
(1) 
Construction should use window and door openings of a design and size typical of those in the surrounding area and buildings within the period.
(2) 
Transoms above display windows are encouraged.
(3) 
Windows are encouraged to be vertically proportioned wherever possible.
(4) 
Buildings of architectural styles that normally have windows with muntins or divided lights shall utilize those types of windows.
(5) 
Glass blocks are not permitted on facades that abut a primary or secondary street.
(6) 
Exterior security grates are prohibited.
(7) 
The primary entrance to any building shall front on a street.
(8) 
All entrances to a building shall be defined and articulated by architectural elements such as lintels, pediments, pilasters, columns, overhangs or canopies.
(9) 
These elements shall be compatible with the style and materials of the building.
(10) 
Entrances may also be defined by planters as well.
G. 
Orientation.
(1) 
Principal facades of new construction should face the same direction as other existing buildings on the street or as indicated by predominant patterns in the surrounding area.
(2) 
Building front yard setbacks should be consistent with the building setbacks of structures adjacent to and within 200 feet on each side of the property.
H. 
Roofs.
(1) 
The shape, pitch and color of a roof shall be architecturally compatible with the style, materials and colors of such building.
(2) 
If the building has a flat roof, a parapet shall project vertically to hide any roof-mounted mechanical equipment. Additionally, a cornice shall project out horizontally from the facade and shall be ornamented with moldings, brackets or other details.
(3) 
If the building has a pitched roof, a minimum pitch of 5:12 shall be provided.
(4) 
Pitched roofs are encouraged to have dormers, chimneys, cupolas and other similar elements to provide architectural interest. These elements shall be compatible with the style, materials, colors and details of the building.
(5) 
Roofline offsets shall be provided along any roof measuring more than 30 feet in length in order to provide architectural interest and articulation to a building.
(6) 
Rooftop heating, ventilating and air-conditioning (HVAC) systems, exhaust pipes and stacks, satellite dishes and other telecommunications receiving devices shall be screened or otherwise specially treated to be inconspicuous as viewed from the primary or secondary street and adjacent properties.