Township of Cinnaminson, NJ
Burlington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Cinnaminson 1-24-1980 by Ord. No. 1979-1 (Secs. 2.240 to 2.351 of the 1995 Code). Amendments noted where applicable.[1]]
GENERAL REFERENCES
Affordable housing — See Ch. 145.
Uniform construction codes — See Ch. 220.
Development fees — See Ch. 243.
Fences — See Ch. 269.
Flood hazard areas — See Ch. 290.
Junkyards — See Ch. 321.
Land use procedures — See Ch. 330.
Noise — See Ch. 362.
Stormwater management — See Ch. 446.
[1]
Editor's Note: This chapter was revised in its entirety by Ord. No. 2010-4, adopted 3-1-2010, to remove article designations. Section titles and internal references have been revised accordingly.
A. 
The purposes of this chapter, which is adopted in the exercise of the police power, are the following: to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to provide adequate light and air; to prevent the overcrowding of land and buildings; to avoid undue concentration of population; to conserve the value of property; to encourage the most appropriate use of land; and generally, to promote the health, morals and welfare of the inhabitants of the Township of Cinnaminson.
B. 
When not specifically defined herein, all words shall have the same meanings and definitions as found in § 330-2.
[Added 9-17-2012 by Ord. No. 2012-19]
This chapter, inclusive of all amendments and supplements that may be in effect, may be cited as the "Cinnaminson Township Zoning Ordinance."
[Amended 12-11-1984 by Ord. No. 1984-19; 12-12-1990 by Ord. No. 1990-29; 5-20-1992 by Ord. No. 1992-6; 8-19-1992 by Ord. No. 1992-14; 4-1-1998 by Ord. No. 1998-2; 2-20-2002 by Ord. No. 2002-3; 3-1-2010 by Ord. No. 2010-4]
For the purposes of this chapter, the Township of Cinnaminson is hereby divided into zones or districts (hereinafter referred to as "districts") of 17 classes designated as follows:
R-1CL
Residential Cluster
R-2
Residence District
R-2A
Residence District
R-3
Residence District
R-4
Residence District
R-5
Residence District
R-6
Residence District
C
Commercial District
IND
Industrial District
IR
Inclusionary Residential District
R-2CL
Residence Cluster District
MC
Marine Commercial District
LT IND
Light Industrial District
P
Park District
PUD
Planned Unit Development District
WP
Wildlife Preserve District
BD
Business Development District
BD-1
Business Development District/Senior Citizen
HC
Highway Commercial
[Amended 12-12-1990 by Ord. No. 1990-29; 2-17-1993 by Ord. No. 1993-1; 2-20-2002 by Ord. No. 2002-3; 3-1-2010 by Ord. No. 2010-4]
The boundaries of all districts are hereby established as shown on the map entitled "Zone Map of Cinnaminson Township," last revised February 8, 2002, annexed to this chapter and hereby made a part thereof.[1] All words, abbreviations, figures, symbols and other data appearing on said map at the time of the adoption of this chapter constitute a part of said map. Figures indicating the number of feet appearing thereon between a road, street or avenue and the boundary line of such district mean that the boundary line of the district at such location runs parallel to the center line of the road, street or avenue at the distance therefrom indicated by the number of feet marked. District boundary lines along roads, streets, avenues or railroad rights-of-way run along the respective center lines thereof.
[1]
Editor's Note: Said map is on file in the offices of the Township Clerk and the Planning Board Secretary.
Where a district boundary line (other than one located in a road, street, avenue or railroad right-of-way) divides a lot existing on the date of the adoption of this chapter, the regulations and restrictions applicable to the less restricted district in which a portion of such lot is located shall apply to the portion of such lot located in the more restricted district for a distance of not more than 50 feet beyond such district boundary line.
On and after the effective date of this chapter, no person, unless authorized by statute or by order of the Board of Adjustment, shall occupy or use any land or construct or locate any building within the bounds of said Township of Cinnaminson except in conformity with the restrictions and regulations established by this chapter for the district in which such land or building is located and in conformity with all other pertinent terms and provisions of this chapter.
On and after the effective date of this chapter, no person, unless authorized by statute or by order of the Board of Adjustment, whether acting as manager, agent, architect, engineer, contractor, artisan, mechanic, laborer or otherwise, shall aid or assist any person in the occupation or use of any land or in the construction or location of any building within the bounds of said Township of Cinnaminson unless such occupation or use of land or such building is in conformity with the restrictions and regulations established by this chapter for the district in which such land or building is located and is in conformity with all other pertinent terms and provisions of this chapter.
Any building that shall have been constructed or located on or after the effective date of this chapter in violation of the restrictions and regulations established thereby for the district in which such building is located, and/or in violation of any of the other pertinent terms or provisions of this chapter, shall be changed, altered, corrected and/or relocated by the person who constructed or located such building and by the owner of the land on which such building is situate so that such building and the premises of which it is a part shall thereafter conform to the restrictions and regulations established by this chapter for the district in which such building is located and to all other pertinent terms and provisions of this chapter. Such change, alteration, correction and/or relocation of the building shall be made and effected within 10 days next after the Zoning Officer shall have made and shall have served upon the person who constructed or located such building and upon the owner of the land on which such building is situate an order in writing directing that such change, alteration, correction and/or relocation of the building be made and effected within 10 days next after the making and service of such order, which order the Zoning Officer may serve or cause to be served by delivering the same or a duplicate thereof to the person to whom such order is directed or by forwarding the same or a duplicate thereof by first-class mail to the last known post office address of such person and by posting a duplicate of such order on the building or premises mentioned therein.
[Added 9-17-2003 by Ord. No. 2003-17]
A. 
The right to farm, as defined in N.J.S.A. 4:1C-3, is hereby recognized to exist in the Township of Cinnaminson, in the County of Burlington, and is hereby declared a permitted use in all zones of this Township, where an agricultural use is preexisting, and a permitted use in the following zones under any circumstances: Industrial Zone. This right to farm includes, but not by way of limitation:
(1) 
Production of agricultural and horticultural crops, trees and forest products, livestock and poultry and other commodities as described in the Standard Industrial Classification for agriculture, forestry, fishing and trapping.
(2) 
Housing and employment of necessary farm laborers.
(3) 
Erection of necessary agricultural buildings ancillary to agricultural and horticultural production.
(4) 
The grazing of animals and use of range for fowl.
(5) 
Construction of fences for livestock and fowl, as well as to control depredation by wildlife.
(6) 
The operation and transportation of large, slow-moving equipment over roads within the Township of Cinnaminson.
(7) 
Control of pests, predators and diseases of plants and animals.
(8) 
Conduction of agriculture-related education and farm-based recreational activities, provided that the activities are related to marketing the agricultural or horticultural output of the commercial farm and permission of the farm owner and lessee is obtained.
(9) 
Use of irrigation pumps and equipment, aerial and ground seeding and spraying, tractors, harvest aides and other equipment.
(10) 
Processing and packaging of the agricultural output of the commercial farm.
(11) 
The operation of a farm market, including the construction of business and parking areas in conformance with Cinnaminson Township standards.
(12) 
The operation of a pick-your-own operation, meaning a direct marketing alternative wherein retail or wholesale customers are invited onto a commercial farm in order to harvest agricultural, floricultural or horticultural products.
(13) 
Replenishment of soil nutrients and improvement of soil filth.
(14) 
Clearing of woodlands using open burning and other techniques, installation and maintenance of vegetative and terrain alterations and other physical facilities for water and soil conversation and surface water control in wetland areas.
(15) 
On-site disposal of organic agricultural wastes.
(16) 
The application of manure and chemical fertilizers, insecticides and herbicides in accordance with manufacturers' instructions.
(17) 
Agricultural-related educational and farm-based recreational activities, provided that the activities are related to marketing the agricultural or horticultural output of the farm, including but not limited to equestrian activities, including the boarding of horses and riding instructions.
B. 
The foregoing activities must be in conformance with applicable federal and state law.
C. 
The foregoing practices and activities may occur on holidays, weekdays and weekends by day or night and shall include the attendant or incidental noise, odors, dust and fumes associated with these practices.
D. 
It is hereby determined that whatever nuisance may be caused to others by these uses and activities is more than offset by the benefits of farming to the neighborhood community and society in general.
E. 
Any person aggrieved by the operation of a commercial farm shall file a complaint with the applicable county agriculture development board or the State Agriculture Development Committee in counties where no county board exists prior to filing an action in court.
F. 
An additional purpose of this chapter is to promote a good neighbor policy by advising purchasers and users of property within 500 feet from the lot line of any agricultural operation of the potential discomforts associated with such purchase or residence. It is intended that, through mandatory disclosures, purchasers and users will better understand the impacts of living near agricultural operations and be prepared to accept attendant conditions as the natural result of living in or near land actively devoted to commercial agriculture (or in an agricultural development area, meaning an area identified by a county agriculture development board pursuant to the provisions of N.J.S.A. 4:1C-18, and certified by the State Agriculture Development Committee). The disclosure required by this subsection is set forth in the disclosure form attached hereto and made a part hereof.[1]
[1]
Editor's Note: The disclosure form is on file in the Clerk's office.
[Amended 4-1-1998 by Ord. No. 1998-2]
The purpose of the R-1CL District is to provide the opportunity for a variety of single-family detached housing types on a variety of lot sizes including higher density cluster housing (provided that specific design criteria are met) and fulfill, through a contribution in lieu of on-site construction, a portion of Cinnaminson Township's obligation to provide its fair share of the regional need for low- and moderate-income housing.
[Amended 4-1-1998 by Ord. No. 1998-2]
In the R-1CL Residential Cluster District, the following uses (and no others) of lands and buildings are permitted:
A. 
Agriculture, including nursery but exclusive of the raising of poultry, livestock or swine.
B. 
Detached single-family dwelling units.
C. 
Detached single-family cluster dwelling units.
D. 
Conversion of structure(s) preexisting as of December 31, 1997, into attached single-family dwelling units.
E. 
Public and private educational institutions.
F. 
Religious institutions.
G. 
Municipal building and uses.
[Amended 4-1-1998 by Ord. No. 1998-2]
In the R-1CL Residence Cluster District, the following accessory uses and structures are permitted:
A. 
Fences, landscape walls and walks.
B. 
Private swimming pools, tennis courts, hot tubs, and other similar recreation uses and structures on fee simple lots.
C. 
Toolsheds.
D. 
Private residential garages, attached or detached, and off-street and on-street parking.
E. 
Community recreational facilities either accessory to a principal permitted use or on an individual lot and owned by a homeowners' association or other entity approved by the Township.
F. 
Guardhouse/gatehouse for a gated community and/or access gate with supporting structure either accessory to a principal permitted use or on individual lots.
G. 
Gazebo, benches, trellis and other landscape structures.
H. 
Common or shared driveways.
I. 
Sales models, homes and/or trailers temporarily located on residential development and construction sites either accessory to a principal permitted use, or on individual lots but only in conjunction with the initial development, construction and sales of dwelling units.
[Amended 4-1-1998 by Ord. No. 1998-2]
Conditional uses in the R-1CL Cluster District are as follows:
A. 
Home occupations as defined in § 525-20C(2).
[Amended 4-1-1998 by Ord. No. 1998-2]
In the R-1CL Residential Cluster District, the following area restrictions and regulations are established:
A. 
General development requirements.
(1) 
Minimum tract area: 75 acres.
(2) 
Gross residential density:
(a) 
Two-and-one-tenth dwelling units per gross acreage of tract area.
(3) 
Distribution of residential building lot sizes:
(a) 
A minimum of 20% of the lots shall be at least 9,000 square feet in area.
(b) 
A minimum of 20% of the lots shall be at least 14,000 square feet in area.
(c) 
A maximum of 50% of the lots may be cluster housing lots with at least 4,000 square feet in area.
(4) 
Maximum building height. No building shall exceed 35 feet in height and 2 1/2 stories, except that the existing farmstead in existence as of December 31, 1997, may be three full stories and religious institutions shall not be limited in height.
(5) 
Maximum impervious coverage: 35% of the entire tract area.
B. 
Individual lot requirements:
(1) 
For lots of 9,000 square feet (minimum 20% of development):
(a) 
Minimum front yard: 25 feet.
(b) 
Minimum side yard (each): 10 feet.
(c) 
Minimum rear yard: 25 feet.
(d) 
Minimum lot width at building line: 65 feet.
(e) 
Maximum impervious coverage: 40% of lot area.
(2) 
For lots of 14,000 square feet (minimum 20% of development):
(a) 
Minimum front yard: 30 feet. (NOTE: may be reduced to 25 feet for 50% or less of the linear building face, provided that the remainder of the building face is set back 30 feet.)
(b) 
Minimum side yard (each): 10 feet/25 feet aggregate.
(c) 
Minimum rear yard: 25 feet.
(d) 
Minimum lot width at building line: 80 feet.
(e) 
Maximum impervious coverage: 40% of lot area.
(3) 
Cluster housing standards (maximum 50% of development):
(a) 
Minimum lot size: 4,000 square feet.
(b) 
Windowless wall to windowless wall: 15 feet.
(c) 
Window wall to windowless wall: 15 feet.
(d) 
Window wall to window wall:
[1] 
Side to side: 20 feet.
[2] 
Side to rear: 30 feet.
[3] 
Rear to rear:* 50 feet.
[4] 
Front to front: 50 feet.
(e) 
Windowless wall to deck: 15 feet.
(f) 
Deck to deck (provided that the top of the deck platform is maximum three feet off finished grade): 20 feet.
(g) 
Deck to window wall (provided that the top of the deck platform is maximum three feet off finished grade and adequate landscape screening is provided): 20 feet.
(h) 
Any building face other than a garage side or rear to edge of pavement, curbline or alternative pedestrian walkway system if applicable: 20 feet.
(i) 
Any garage face other than door opening to edge of pavement or curbline: 15 feet.
(j) 
Any building face to collector street right-of-way: 50 feet.
(k) 
Any building face or extension thereof or other structure except fences to lot line: five feet.
(l) 
Common or shared driveways are permitted to serve no more than two cluster units.
(m) 
Applicant shall designate the cluster housing area with the application and shall provide survey and plan information related to the location of dwelling units and accessory structures on lots in sufficient detail to demonstrate compliance with all standards in this section.
(4) 
A structure preexisting as of December 31, 1997, shall be permitted to convert to two single-family attached dwellings on individual minimum lots of 4,000 square feet. The two newly created dwellings shall conform to the cluster housing standards contained herein with the exception of those for which conformance is not possible due to the attachment of the dwellings.
[Amended 4-1-1998 by Ord. No. 1998-2]
A. 
Development within the R-1CL Zone shall comply with all zoning, subdivision, site plan, performance and related requirements of Cinnaminson Township except that specific standards in this chapter amendment shall supersede any conflicting standards in Chapter 455, Subdivision of Land,[1] and this Chapter 525.
[1]
Editor’s Note: See now Ch. 330, Land Use Procedures, Art. III, Subdivision of Land.
B. 
Each lot within the cluster housing area shall have suitable access to a private or public road by way of easement or other suitable legal instrument.
C. 
Except within the cluster housing area, no fence shall be constructed in excess of 48 inches in height. Within the cluster housing area, fences constructed in the side or rear yard shall not exceed 72 inches in height; fences in the front yard are prohibited unless they are integral to the architectural design of the dwelling unit, are set back a minimum of five feet from the cartway and do not exceed 48 inches in height.
D. 
No fence shall be fabricated, constructed or built of any material other than wood, brick, stone, finished masonry, aluminum or vinyl and shall be designed and constructed to withstand the horizontal concentrated load of 200 pounds applied on a one-square-foot area at any point of the fence.
E. 
Within the cluster housing area, extension of walls up to 10 feet beyond the building facade and building line in a front, side or rear yard shall be permitted on all building lots, provided that the wall or walls are part of the original architectural design of the principal structure do not exceed six feet in height, and are not erected within five feet of any property line.
F. 
Building lots having adequate frontage on two streets shall be permitted to have access only onto the street with the lesser traffic intensity. In the event the two streets have approximately equivalent traffic intensity, the applicant shall choose the street to which the lot shall have access.
G. 
Building lots with frontage on two streets, one of which is New Albany Road, Riverton-Moorestown Road or Parry Road, and requiring frontage on the internal street, shall have a ten-foot buffer strip included within the required side or rear setback. This 10 feet of depth shall be subject to a conservation easement or other suitable legal instrument, maintained by a homeowners' association or other entity acceptable to the Township and planted as a condition of any subdivision approval with evergreen trees and shrubs and nonevergreen native vegetation, so as to supplement existing vegetation to provide a year-round visual screen at least six feet in height and covering 50% of the frontage of the lot by the end of two growing seasons. The height of growth requirements can be met in part by creating a berm at a slope of 1:3 within the buffer area. Fences shall not be constructed within the ten-foot buffer strip unless specifically approved by the Board of jurisdiction in Cinnaminson Township as part of a comprehensive buffer landscape design plan.
H. 
At least 30% of the development tract shall be set aside for passive recreation and permanent open space including floodplain, wetlands, detention areas and retention ponds. The developer shall provide reasonable active recreation facilities in the cluster area, such as but not limited to bicycle trails, walkways, community center, tennis courts, and swimming pools.
I. 
Signage advertising the sale of homes on the tract, in addition to that permitted in § 525-119, shall be permitted as follows:
(1) 
One additional sign, not to exceed 15 square feet for each model home to be located on the lot of the model home; and
(2) 
One additional sign for each phase of the development, to be located in each phase, not to exceed 15 square feet.
J. 
One sign advertising the sale or development of property shall be permitted at each entrance roadway to the tract area which is intended for access by the public.
K. 
The average lighting intensity for the community recreation facility in the cluster housing area shall be a minimum of 0.5 footcandle.
L. 
Provided that the parking needs of the cluster housing area are adequately accommodated, private streets within the cluster housing area shall have a cartway width of 20 feet with no on-street parking permitted. (See Subsection O below.) Private dead-end streets within the cluster housing area are permitted without culs-de-sac, provided that they have a suitable turnaround for automobiles at the terminus and serve no more than six cluster dwelling units.
M. 
Notwithstanding the narrow cartways and prohibition of on-street parallel parking within the cluster housing area, adequate parking must be provided to accommodate residents and visitors on individual lots and within common areas. Applicants shall demonstrate that the parking proposed will be adequate based on the housing type, subdivision design, local conditions and other relevant factors, but in no event shall parking be provided which is less than the following:
(1) 
Each dwelling unit shall provide a garage and a driveway with a minimum length from garage to the cartway or pedestrian walkway (if applicable) of 20 feet, which garage and driveway shall be of sufficient width to provide adequate on-site parking.
(2) 
Guest parking shall be provided in addition to the parking required at each dwelling unit at the rate of 0.5 spaces per cluster dwelling unit in appropriate locations along the private roadways.
(3) 
The community facility area shall provide an additional 12 parking spaces, provided that the facility serves no more than 85 residential units.
(4) 
Off-street parking spaces in the cluster housing area shall be nine feet by 18 feet in size.
N. 
At least 35% of the dwelling units proposed on the entire tract shall have rear or side loaded garages.
O. 
Sidewalks adjacent to the cartway shall not be required throughout the cluster housing area, provided that an adequate alternative pedestrian walkway system is provided.
P. 
A maximum of one toolshed is permitted per residential lot. The maximum height of toolsheds shall be 12 feet. The maximum floor area of toolsheds shall be 150 square feet in the cluster housing area and 200 square feet outside the cluster housing area.
[Amended 4-1-1998 by Ord. No. 1998-2]
A. 
Notwithstanding any other requirements in § 525-110 to the contrary, the following site plan standards shall apply to community facilities within the cluster housing area:
(1) 
Curbs shall not be required unless necessary for storm drainage purposes.
(2) 
No loading dock or berth shall be required for any community buildings, provided that adequate provision is made for deliveries.
(3) 
Adequate access for fire safety personnel to community buildings shall be provided.
B. 
Applicant shall designate the cluster community facility area with the application.
[Amended 4-1-1998 by Ord. No. 1998-2]
The developer shall contribute a development fee to the Township for deposit in the Township's Affordable Housing Trust Fund in lieu of construction of affordable units on site pursuant to a developer agreement to be negotiated with the Township.
[Amended 4-1-1998 by Ord. No. 1998-2]
Applicants for approval of developments with elements of common ownership shall submit a master deed including covenants, restrictions and controls governing the use of the land, buildings, structures, landscaping and other improvements to be owned by a homeowners' association or other similar entity in a form acceptable to the Township.
[1]
Editor's Note: Former § 525-19, Fee schedule, was repealed 10-7-2009 by Ord. No 2009-13.
[Amended 11-11-1987 by Ord. No. 1987-22; 2-10-1988 by Ord. No. 1988-1; 5-20-1992 by Ord. No. 1992-6; 5-19-1999 by Ord. No. 1999-5A]
In all R-2 Residence Districts, the following uses (and no others) of lands and buildings are permitted:
A. 
Single-family detached dwelling.
B. 
The following uses shall be permitted as a conditional use after approval by the Planning Board of the Township of Cinnaminson:
(1) 
Public educational institution; private educational institution; religious institution; municipal building; electric utility service installations, exclusive of commercial offices, warehouses, storage and garages, and provided further that there shall be a landscaped buffer strip of not less than 15 feet along the outside boundaries of said property.
(2) 
Golf course/club/country club. The following conditions shall apply to all golf courses:
[Added 2-15-2010 by Ord. No. 2010-2]
(a) 
A golf course/club/country club shall have a minimum of 18 holes and with a minimum lot area of at least 100 acres of contiguous property.
(b) 
A golf course/club/country club shall have a clubhouse of not less than 25,000 square feet.
(c) 
The use of sludge and sludge-derived products is prohibited.
C. 
Accessory uses or structures; signs.
(1) 
Accessory use or structure on the same lot with and customarily incidental to the main permitted use or structure located on the lot. The term "accessory use or structure," as used within this section, shall include and permit:
(a) 
Any of the following accessory signs, provided that no sign shall be placed in such a position that it will cause danger to traffic on a road or street by obscuring the view and provided that no sign shall be of the flashing type:
[1] 
An official highway name sign or traffic sign.
[2] 
A sign advertising the sale or rental of premises and a sign bearing the word "sold" or "rented" and the name and address of the person effecting the sale or rental, provided that such sign may be erected only on the premises to which it relates and that the size of any such sign shall not exceed one square foot for each 10 feet of lot frontage, with a maximum of 20 square feet, but no such sign need be less than six square feet.
[3] 
A sign indicating land in the process of development and showing the name of the owner, developer, builder or agent, provided that the size of any such sign shall not exceed 128 square feet and that not more than one such sign shall be erected on each 500 feet of street frontage.
[4] 
A sign of a mechanic or artisan, but only during the period of time that such person is performing work on the premises, provided that such sign shall be erected only on the lot where the work is being performed and that the size of any such sign shall not exceed 12 square feet and that such sign shall be removed promptly upon completion of the work.
[5] 
The sign of a school, college, church, hospital or other similar institution, provided that the size of any such sign shall not exceed 20 square feet and that not more than two such signs shall be placed on the lot.
[6] 
A sign exhibiting the name given to the property by the owner or occupant or relating to trespassing on the premises or indicating the private nature of a road or driveway, provided that the size of any such sign shall not exceed two square feet.
[7] 
A sign advertising a permitted accessory use, provided that the size of any such sign shall not exceed two square feet and that such sign shall be erected only on the lot where such accessory use exists.
[8] 
A sign used in conjunction with a nonconforming use, provided that the size of any such sign shall not exceed two square feet.
[9] 
A sign necessary to the public welfare.
(b) 
Signs permitted under Subsection C(l)(a)[1] through [9] of this section, if illuminated, should be illuminated in such a manner that incandescent lamps, neon tubes, fluorescent tubes or any form of illumination is not exposed unless provided with hood or shade.
(c) 
There shall be no flashing signs, rotating signs, running borders or other forms of animation of whatever nature.
(2) 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ACCESSORY USE OR STRUCTURE
Does not include and therefore does not permit the operation of an industry or business, or the use of physical facilities for the conduct of a business or industry, other than a professional office, as defined herein, and a home occupation, as defined herein.
GOLF COURSE/CLUB/COUNTRY CLUB
A tract of land improved with at least 18 holes for playing the game of golf, and improved with tees, greens, fairways and hazards, and a clubhouse (which may include dining rooms, common rooms, a pro shop, social rooms, kitchen, locker rooms and similar facilities) and customary, but clearly subordinate, accessory facilities such as tennis courts and swimming pools and buildings and structures for the maintenance and operation of the facility.
[Added 2-15-2010 by Ord. No. 2010-2]
HOME OCCUPATION
One carried on in the main dwelling or in a building accessory thereto solely by the inhabitants thereof, which does not change the character thereof, does not employ outsiders, does not involve trading in merchandise or animals or the rendering of personal physical services, does not give rise to offensive noise, vibrations, smoke, dust, odor, heat or glare and which does not occupy more than 25% of the net livable floor area of the dwelling unit. "Home occupation" is defined herein to include the occupations of dressmaker, milliner, seamstress and such other occupations as comply with the standards set forth in §§ 525-20 through 525-22 and which the Planning Board of the Township of Cinnaminson may authorize as a conditional use. Beauty shops, barbershops, dancing instructions and commercial kennels shall not be deemed to be "home occupations."
PROFESSIONAL OFFICE
An office of a physician, dentist, clergyman, attorney, accountant, architect or registered professional engineer, which is located in the dwelling in which the practitioner resides, or in a building accessory thereto, and in which no person or persons other than residents of the dwelling are employed, except that one nonresident employee who is not a member of a profession as defined within this section of the chapter may be allowed, and in which there is no display of goods or advertising other than an identification sign as provided for in §§ 525-20 through 525-22. Said office shall not occupy more than 25% of the net livable floor area of the dwelling unit.
[Amended 2-23-2015 by Ord. No. 2015-2]
In all R-2 Residence Districts, the following area restrictions and regulations are established:
A. 
The area of the lot shall be not less than 15,000 square feet, and the width of the lot shall be not less than 100 feet at the building line. Notwithstanding the foregoing, for lots with frontage on Golf Road, Par Drive, Coles Lane and Thomas Avenue, the area of the lot shall be not less than 20,000 square feet, and the width of the lot shall be not less than 150 feet at the building line.
B. 
Not more than 25% of the area of the lot may be occupied by buildings.
C. 
There shall be a front yard on each street on which the lot abuts, which yard shall be not less than 50 feet in depth, provided that the front yard on the long side of a corner lot may be reduced to a depth of not less than 30 feet. Notwithstanding the foregoing, for lots with frontage on Golf Road, Par Drive, Coles Lane and Thomas Avenue, a front yard on each street on which the lot abuts shall be not less than 75 feet in depth, provided that the front yard on the long side of a corner lot may be reduced to a depth of not less than 50 feet.
D. 
There shall be two side yards on every lot, which yards shall be not less than 40 feet in aggregate width, and neither of which shall be less than 15 feet in width.
E. 
There shall be a rear yard on every lot, which yard shall be not less than 25 feet in depth.
[Amended 5-20-1992 by Ord. No. 1992-6]
In all R-2 Residence Districts, the following height restrictions and regulations are established: No building, structure or any part thereof, other than farm buildings, shall exceed 35 feet in height.
In all R-2A Residence Districts, the following uses (and no others) of lands and buildings are permitted:
A. 
All uses permitted by this chapter in R-2 Residence Districts.
In all R-2A Residence Districts, the following area restrictions and regulations are established:
A. 
The area of the lot shall be not less than 11,475 square feet, and the width of the lot shall be not less than 85 feet at the building line.
B. 
Not more than 30% of the area of the lot may be occupied by buildings.
C. 
There shall be a front yard on each street on which the lot abuts, which yard shall be not less than 40 feet in depth, provided that the front yard on the long side of a corner lot may be reduced to a depth of not less than 20 feet.
D. 
There shall be two side yards on the lot, which yards shall be not less than 40 feet in aggregate width, and neither of which shall be less than 15 feet in width.
E. 
There shall be a rear yard on every lot, which yard shall be not less than 25 feet in depth.
[Amended 5-20-1992 by Ord. No. 1992-6]
In all R-2A Residence Districts, the following height restrictions and regulations are established: No building, structure or any part thereof, other than farm buildings, shall exceed 35 feet in height.
In all R-3 Residence Districts, the following uses (and no others) of lands and buildings are permitted:
A. 
All uses permitted by this chapter in R-2 Residence Districts.
In all R-3 Residence Districts, the following area restrictions and regulations are established:
A. 
The area of the lot shall be not less than 11,250 square feet, and the width of the lot shall be not less than 75 feet at the building line.
B. 
Not more than 30% of the area of the lot may be occupied by buildings.
C. 
There shall be a front yard on each street on which the lot abuts, which yard shall be not less than 30 feet in depth, provided that the front yard on the long side of a corner lot may be reduced to a depth of not less than 20 feet.
D. 
There shall be two side yards on the lot, which yards shall be not less than 30 feet in aggregate width, and neither of which shall be less than 12 feet in width.
E. 
There shall be a rear yard on every lot, which yard shall be not less than 25 feet in depth.
In all R-3 Residence Districts, the following height restrictions and regulations are established: No building, structure or any part thereof, other than farm buildings, shall exceed 35 feet in height, provided that such height limit may be exceeded by one foot for each six feet by which the aggregate width of the side yards is increased beyond the minimum side yard requirements, up to a maximum height of 45 feet.
In all R-4 Residence Districts, the following uses (and no others) of lands and buildings are permitted:
A. 
All uses permitted by this chapter in R-2 Residence Districts.
In all R-4 Residence Districts, the following area restrictions and regulations are established:
A. 
The area of the lot shall be not less than 5,000 square feet, and the width of the lot shall be not less than 50 feet at the building line.
B. 
Not more than 35% of the area of the lot may be occupied by buildings.
C. 
There shall be a front yard on each street on which the lot abuts, which yard shall be not less than 25 feet in depth, provided that the front yard on the long side of a corner lot may be reduced to a depth of not less than 15 feet.
D. 
There shall be two side yards on the lot, neither of which shall be less than eight feet in width.
E. 
There shall be a rear yard on the lot, which yard shall be not less than 20 feet in depth.
[Amended 5-20-1992 by Ord. No. 1992-6]
In all R-4 Residence Districts, the following height restrictions and regulations shall be established: No building, structure or any part thereof shall exceed 35 feet in height.
In all R-5 Residence Districts, the following uses (and no others) of lands and buildings are permitted:
A. 
All uses permitted by this chapter in R-2 Residence Districts.
In all R-5 Residence Districts, the following area restrictions and regulations are established:
A. 
The area of the lot shall be not less than 8,000 square feet, and the width of the lot shall be not less than 80 feet at the building line.
B. 
Not more than 35% of the area of the lot may be occupied by buildings.
C. 
There shall be a front yard on each street on which the lot abuts, which yard shall be not less than 25 feet in depth, provided that the front yard on the long side of a corner lot may be reduced to a depth of not less than 10 feet.
D. 
There shall be two side yards on the lot, neither of which shall be less than 12 feet on either side.
E. 
There shall be a rear yard on the lot, which yard shall be not less than 20 feet in depth.
[Amended 5-20-1992 by Ord. No. 1992-6]
In all R-5 Residence Districts, the following height restrictions and regulations are established: No building, structure or any part thereof shall exceed 35 feet in height.
[Added 9-11-1984 by Ord. No. 1984-3; amended 2-18-2004 by Ord. No. 2004-2]
A. 
Prohibition; exceptions.
(1) 
The parking, storing or garaging of a commercial vehicle with a gross vehicle weight of 8,000 pounds or more is prohibited within all residential zones of the Township of Cinnaminson, except that this section shall not apply to public streets or roadways. Nothing herein, however, shall prohibit the parking, storing or garaging of recreational vehicles or farm vehicles; nor shall the temporary parking of a commercial vehicle for the purpose of performing services or making pickups or deliveries in the regular course of business be prohibited.
(2) 
The parking or storing of a commercial vehicle with a gross vehicle weight of 8,000 pounds or more is prohibited on all public streets or roadways within all residential zones of the Township of Cinnaminson. Nothing herein, however, shall prohibit the parking or storing of recreational vehicles or farm vehicles; nor shall the temporary parking of a commercial vehicle for the purpose of performing services or making pickups or deliveries in the regular course of business be prohibited.
B. 
Definitions. For the purposes of this chapter, the following definitions apply:
COMMERCIAL VEHICLE
Any motor vehicle used for commercial purposes, in interstate or intrastate commerce, for the transportation of property, goods, wares and merchandise or for the transportation of persons for hire, compensation or profit. The display of commercial, omnibus or constructor registration plates on any motor vehicle shall, for the purposes of this chapter, be prime facie evidence that the vehicle is a commercial vehicle.
GROSS VEHICLE WEIGHT
The combined weight of the vehicle and the rated payload. For the purposes of this chapter, the gross weight as stated on the vehicle's registration certificate shall be prime facie evidence of the vehicle's gross vehicle weight.
RESIDENTIAL ZONES
All areas of the Township of Cinnaminson designated on the Zone Map of Cinnaminson Township as residential districts.
C. 
Enforcement. The provisions of this section shall be enforced by the Cinnaminson Township Police Department.
D. 
Violations and penalties. Every person convicted of violation of a provision of this chapter or any supplement thereto shall be liable to a fine of not more than $50 or imprisonment for a term not exceeding 15 days, or both.
E. 
Construal. This section is intended to be a regulatory or penal ordinance of the Township of Cinnaminson controlling the presence of commercial vehicles as defined herein in residential zones. In the event that any article, section, paragraph, clause or provision of this chapter should be adjudged to be an ordinance in the nature of a Zoning Ordinance, by any court of competent jurisdiction, said article, section, paragraph, clause or provision shall be deemed to be incorporated within the Zoning Ordinance of the Township of Cinnaminson, formerly known as "Chapter 92" of the Code of the Township of Cinnaminson, and codified as § 525-35, to be entitled, "Commercial vehicles in residential zones."
[Added 5-20-1992 by Ord. No. 1992-6; amended 6-16-1993 by Ord. No. 1993-6]
In all R-6 Residence Districts, the following uses (and no others) of lands and buildings are permitted:
A. 
All uses permitted by this chapter in the R-2 Residence Districts.
[Added 5-20-1992 by Ord. No. 1992-6; amended 6-16-1993 by Ord. No. 1993-6]
In all R-6 Residence Districts, the following area restrictions and regulations are established:
A. 
The area of the lot shall be not less than 7,500 square feet, and the width of the lot shall be not less than 75 feet at the building line.
B. 
Not more than 35% of the area of the lot may be occupied by buildings.
C. 
There shall be a front yard on each street on which the lot abuts, which yard shall be not less than 30 feet in depth, provided that the front yard on the long side of a corner lot may be reduced to a depth of not less than 15 feet.
D. 
There shall be two side yards on the lots, neither of which shall be less than 12 feet in depth.
E. 
There shall be a rear yard on the lot, which yard shall be not less than 25 feet in depth.
[Added 5-20-1992 by Ord. No. 1992-6; amended 6-16-1993 by Ord. No. 1993-6]
In all R-6 Residence Districts, the following height restrictions and regulations are established. No building, structure or any part thereof shall exceed 2 1/2 stories and 35 feet in height.
[Added 2-20-2002 by Ord. No. 2002-3; amended 3-15-2010 by Ord. No. 2010-3]
All development within the project area falling under the Court’s jurisdiction and incorporated in the Court’s December 4, 2002, Order in the matter entitled "Cresmont Limited Partnership v. Township of Cinnaminson, et al," Docket No. BUR-L-1999-96, relating collectively to Block 307, Lots 1 and 1.01, Block 404, Lots 1 and 3, Block 501, Lots 12 and 14, Block 502, Lots 2, 3, 4 and 7, and Block 503, Lots 1, 3 and 4, shall be subject to and governed by the standards established in said Order, which is incorporated in this section as if set forth at length and attached hereto as Exhibit A.[1]
[1]
Editor's Note: Exhibit A is on file in the Clerk's office.
[Added 2-20-2002 by Ord. No. 2002-3]
In the IR Inclusionary Residence District, the following uses (and no others) of lands and buildings are permitted:
A. 
Multifamily housing, provided that 20% of the units are set aside for low- and moderate-income qualified households. The following multifamily dwellings are permitted:
(1) 
Duplex. A duplex is two semidetached dwelling units, side by side, from ground to roof, having only one wall in common on the dividing property line.
(2) 
Townhouse. The townhouse is an attached individual dwelling unit from ground to roof, having individual outside access. Rows of attached townhouses shall contain no more than eight dwelling units.
(3) 
Multiplex. The multiplex is a building consisting of three or more dwelling units under a common roof. In general, all units have independent outside access, but this is not necessary. Units may be arranged in a variety of configurations: side by side, back to back or vertically. The essential feature is the small number of units attached. No more than five units shall be attached in any group. The total of all groups shall average four units per structure.
(4) 
Garden apartments. Garden apartments are multifamily buildings where individual dwelling units share a common outside access. They also share a common yard area, which is the sum of the required lot areas of all dwelling units within the building. Garden apartments shall contain more than three and no more than 16 dwellings in a single structure.
[Added 2-20-2002 by Ord. No. 2002-3]
A. 
Density for multifamily housing is six units per gross acre as density is defined in N.J.S.A. 40:55D-4.
B. 
Tables of dimensional requirements by multifamily dwelling type are as follows:
(1) 
Duplex.
(a) 
Requirements.
[1] 
Lot area, minimum, per unit: 3,000 square feet.
[2] 
Parking off-street: per RSIS (N.J.A.C. 5:21-4.14).
[3] 
Minimum lot width at building setback: 60 feet.
(b) 
General.
[1] 
Maximum impervious surface ratio (on lot): 35%.
[2] 
Minimum front building setback from street right-of-way: 30 feet.
[3] 
Minimum side yard: 10 feet.
[4] 
Minimum rear yard: 30 feet.
(2) 
Townhouse.
(a) 
Requirements.
[1] 
Lot area, minimum, per unit: 2,200 square feet.
[2] 
Parking, off-street per RSIS (N.J.A.C. 5:21-4.14).
[3] 
Minimum lot width at building setback: 22 feet.
(b) 
General.
[1] 
Maximum impervious surface ratio (on lot): 40%.
[2] 
Minimum front building setback from street right-of-way: 30 feet.
[3] 
Minimum building spacing: 30 feet.
[4] 
Minimum side yard setback of end unit: 15 feet.
[5] 
Minimum rear yard setback: 30 feet.
[6] 
Minimum fifteen-foot-wide unobstructed emergency access easement in rear of townhouse units to be placed in common area. If a common open space area does not exist, the easement may be part of the required lot size but shall not be placed in any required setback area.
(3) 
Multiplex.
(a) 
Requirements.
[1] 
Lot area, minimum, per unit: 2,200 square feet.
[2] 
Parking, off-street (per unit): per RSIS (N.J.A.C. 5:21-4.14).
(b) 
General.
[1] 
Maximum impervious ratio (on lot): 30%.
[2] 
Minimum front building setback from street right-of-way: 30 feet.
[3] 
Common parking areas: 20 feet.
[4] 
Minimum building spacing: 30 feet.
[5] 
Minimum lot width for building at setback line: 80 feet.
[6] 
Maximum height: three stories, not to exceed 40 feet.
[7] 
Minimum setback of side yards: 20 feet.
[8] 
Minimum setback of rear yards (no road): 30 feet.
(4) 
Garden apartment.
(a) 
Requirements.
Number of Bedrooms
Average Apartment Size
(square feet)
Minimum Lot Area Per Unit
(square feet)
1
655
1,750
2
950
2,000
3
1,125
2,250
(b) 
General.
[1] 
Minimum impervious surface ratio (on lot): 40%.
[2] 
Minimum lot size: one acre.
[3] 
Minimum building setback:
[a] 
From street right-of-way: 50 feet.
[b] 
From common parking: 20 feet.
[4] 
Maximum units per building: 16 units.
[5] 
Building spacing (side to side on same lot): 50 feet.
[6] 
Minimum street frontage: 100 feet.
[7] 
Maximum building height: three stories, but not to exceed 40 feet.
[8] 
Minimum rear yard setback: 50 feet.
[9] 
Minimum side yard setback: 30 feet.
[Added 2-20-2002 by Ord. No. 2002-3]
Miscellaneous design requirements in the IR District are as follows:
A. 
Buffer area requirements.
(1) 
Buffer areas shall be provided between all residential land uses and nonresidential land use or nonresidential zone districts. Buffer areas shall be a minimum of 20 feet wide in the IR District and are to be in addition to the required yard setbacks. Buffer areas shall be increased to 50 feet for residential land use adjacent to the landfill. Buffer areas shall be designed, planted, graded and landscaped to provide an aesthetically pleasing separation of uses. In meeting this standard, the applicant may employ one or more of the following:
(a) 
Fencing or wall screening in landscaped areas.
(b) 
Evergreen tree or shrubbery screening in a landscaped area.
(c) 
A landscaped berm having a maximum height of six feet with side slopes of 4:1.
(2) 
If, in the judgment of the approving authority, any of these alternate provisions will not provide sufficient buffers for the portion of the site proposed, the approving authority may require the development plan to be modified to show the extension of the buffer area, require that the proposed alternatives be landscaped differently or be relocated until, in the approving authority's judgment, they provide the desired buffering effect.
B. 
Buffer material and natural foliage. All buffer areas shall be planted and maintained with either grass or ground cover, together with a screen of live shrubs or scattered planting of live trees, shrubs or other plant material. The preservation of all natural wooded tracts shall be an integral part of all development plans and may be calculated as part of the required buffer area, provided that the growth is of a density and the area has sufficient width to serve the purpose of a buffer. Additional plantings may be required by the approving authority to establish an appropriate tone for an effective buffer.
C. 
Screening.
(1) 
Screening shall be provided with buffer strips or as required elsewhere in this chapter so as to provide a year-round visual or partial acoustical barrier to conceal the view or sounds of various utilitarian operations and uses from the street or adjacent properties.
(2) 
Screening shall be so placed that at maturity it will not be closer than two feet to any right-of-way, property line or access easement.
(3) 
All plants for screening shall be of a species common to the area, be of balled and burlapped nursery stock and be free of insects and disease. Plants which do not live shall be replaced within two years or two growing seasons. Buffered screen plantings shall be broken at points of vehicular and pedestrian ingress and egress to assure a clear sight triangle at all street and driveway intersections.
(4) 
Screening shall consist of the following materials:
(a) 
Solid masonry. A solid masonry wall, a maximum of six feet above ground level.
(b) 
Solid fencing. A solid fencing of natural durable material, such as cedar, cypress or redwood, a maximum height of six feet above ground level and open to the ground to a height of not more than four inches above ground level.
(c) 
Shrubbery.
[1] 
Low-type shrubbery screening may be used in and around parking areas, roadways or accessways where sight distances for vehicular and pedestrian traffic are a prime consideration. Shrubbery shall be a minimum of three feet high when planted and be of such density as will obscure, throughout the full course of the year, the glare of automobile headlights emitted from the premises.
[2] 
All other shrubbery for screening shall be a minimum of five feet high at the time of planting.
[3] 
Dense hedges of shrubbery planted at a maximum of 30 inches on center may be used.
(d) 
Trees. Trees for screening shall be evergreens having a minimum height of eight feet above the ground when planted. Trees shall be placed five feet on center in a single row, or five feet on center in two or more staggered rows with a five-foot separation between rows. Evergreens may be supplemented with deciduous trees having a minimum height of eight feet at time of planting, with a minimum caliper of 1 1/2 inches.
D. 
Each multiple-dwelling complex of dwelling units shall have a compatible architectural theme with variations in design to provide attractiveness to the development, which shall include considerations of landscaping techniques, building orientation to the site and to other structures, topography, natural features, including individual dwelling unit design, such as varying unit widths, staggering unit setbacks, providing different exterior materials, changing rooflines and roof designs, altering building heights and changing types of windows, shutters, doors, porches, colors and vertical or horizontal orientation of the facades, singularly or in combination of each dwelling unit.
E. 
Multifamily dwelling units shall be grouped in clusters. Private parking areas should be located near dwelling unit entrances. Any outdoor living areas or patios should adjoin open space or paths leading to open space. Dwelling units should not front on a through street. Screening of such outdoor living areas may be accomplished with plant materials, masonry structures or wood fences. Architectural elements, such as masonry walls and fences, shall be compatible in both style and materials with the dwelling unit of which it is part.
F. 
For multifamily dwelling units, there shall be provided at least one outdoor refuse storage area of at least 100 square feet for each 20 dwelling units. The refuse storage area shall be screened and suitably located and arranged for access and ease of collection and shall not be part of, restrict or occupy any parking aisle and shall not be located further than 300 feet from the entrance to any multifamily unit which it is intended to serve.
G. 
Where private garages are provided, they must be constructed as part of a dwelling unit. Detached garages are not permitted in the IR District.
[Added 2-20-2002 by Ord. No. 2002-3]
A. 
Open space areas resulting from development in the IR District shall weave between dwelling units generally respecting a minimum width of 50 feet and periodically widening out into significant and usable recreation areas. The configuration of the open space areas should be arranged so that connections can be made to existing or future adjacent open spaces and other community facilities, if applicable.
B. 
The developer may be required to plant trees or other similar landscaping improvements. Said improvements may include removal of dead or diseased growth, thinning of trees or other growth to encourage more desirable growth, removal of trees in areas planned for active recreational facilities, grading and seeding and improvements or protection of the natural drainage system by the use of protective structures, stabilization measures and similar improvements.
C. 
Portions of the open space should be developed to afford both passive and active recreational opportunities. Passive recreational activities may include but are not limited to pedestrian paths, sitting areas and naturally preserved areas. Active recreational areas may include but are not limited to such facilities as swimming pools, tennis courts, bicycle paths and play fields but should be carefully located to avoid problems of noise, lights and similar nuisance elements affecting residential units. They shall be located not less than 50 feet from any boundary line, exclusive of buffers.
D. 
Every parcel so set aside shall be conveyed by deed at the time final plat approval is granted.
E. 
The land to be set aside shall be offered to the Township Committee for acceptance. Land offered for dedication but not accepted by the Township Committee shall be transferred to a homeowners' association or similar organization in accordance with N.J.S.A. 40:55D-43.
F. 
Any open space offered to the Township Committee shall be subject to review by the Planning Board, which 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 topography, soils, wetlands and tree cover, as these features may enhance or detract from the intended use of the lands. The Planning Board may request an opinion from other public agencies or individuals as to the advisability of accepting any lands to be offered.
[Added 6-16-1993 by Ord. No. 1993-6]
In all R-2CL Residence Cluster Districts, the following uses (and no others) of lands and buildings are permitted:
A. 
Single-family dwellings, including:
(1) 
Single-family detached single-family residence. A single-family residence is situated on an individual lot with private yards on all four sides of the house.
(2) 
Duplex with reduced area building lots.
B. 
Accessory uses permitted shall be as follows:
(1) 
Private residential swimming pools.
(2) 
Private residential sheds used for the storage of normal household objects owned by the residents of the property. Shed height shall not exceed 10 feet, and only one shed is permitted per dwelling unit, with a maximum size of 150 square feet.
(3) 
Recreational facilities customarily associated with single-family dwelling units.
[Added 6-16-1993 by Ord. No. 1993-6]
Density for the R-2CL Districts is based upon dwelling units per adjusted gross acre as defined in § § 455-5 of Chapter 455, Subdivision of Land.[1] Maximum density per adjusted gross acre in the R-2CL District is three dwelling units. A bonus density of a maximum of one unit per acre for single-family dwellings is permitted for critical wetlands on site in the R-2CL Districts for provision of open space public access amenities on-site or off-site acceptable to the Planning Board in accordance with a Township open space waterfront public access concept of the Master Plan. Development in the R-2CL Districts should be clustered with consideration of proximity to the Delaware River. To encourage orienting housing toward the river and maintaining usable open space ensuring physical and visual access, the minimum lot size in the R-2CL District varies dependent upon the type of single-family dwellings in accordance with the following:
A. 
Single-family detached single-family residence.
(1) 
Lot area, minimum: 8,000 square feet.
(2) 
Maximum impervious coverage: 35%.
(3) 
Minimum yards:
(a) 
Front: 30 feet.
(b) 
Side: 10 feet.
(c) 
Rear: 30 feet.
(4) 
Minimum lot width at building line: 70 feet.
(5) 
Minimum height: 35 feet.
(6) 
Parking: two off-street spaces per dwelling unit.
B. 
Single-family attached (duplex) zero lot line, one side.
(1) 
Lot area, minimum, per unit: 4,000 square feet.
(2) 
Maximum impervious coverage: 35%.
(3) 
Minimum yards:
(a) 
Front: 30 feet.
(b) 
Side: 10 feet.
(c) 
Rear: 30 feet.
(4) 
Minimum lot width at building line: 80 feet.
(5) 
Maximum height: 35 feet.
(6) 
Parking: two off-street spaces per dwelling unit.
[1]
Editor’s Note: See now Ch. 330, Land Use Procedures.
[Added 6-16-1993 by Ord. No. 1993-6]
A. 
Multifamily housing shall be a permitted conditional use, provided that 20% of the units are set aside for low- and moderate-income qualified households as defined in § 2.274.060E(3) below. The following multifamily dwellings are permitted:
(1) 
Duplex. A duplex is two semidetached dwelling units, side by side, from ground to roof, having only one, wall in common on the dividing property line.
(2) 
Townhouse. The townhouse is an attached individual dwelling unit from ground to roof, having individual outside access. Rows of attached townhouses shall contain no more than eight dwelling units.
(3) 
Multiplex. The multiplex is an attached dwelling. In general, all units have independent outside access, but this is not necessary. Units may be arranged in a variety of configurations: side by side, back to back or vertically. The essential feature is the small number of units attached. No more than five units shall be attached in any group. The total of all groups shall average four units per structure.
(4) 
Garden apartments. Garden apartments are multifamily buildings where individual dwelling units share a common outside access. They also share a common yard area, which is the sum of the required lot areas of all dwelling units within the building. Garden apartments shall contain more than three and no more than 16 dwellings in a single structure.
[Added 6-16-1993 by Ord. No. 1993-6]
A. 
Density for multifamily housing is six units per adjusted gross acre as defined for density in § 455-5 of Chapter 455, Subdivision of Land.[1] A bonus density credit for multifamily housing of 50% of undevelopable wetlands on the site shall be permitted for public access on-site or off-site in accordance with a Township open space and waterfront public access plan.
[1]
Editor’s Note: See now Ch. 330, Land Use Procedures.
B. 
Tables of dimensional requirements by multifamily dwelling type are as follows:
(1) 
Duplex.
(a) 
Requirements.
[1] 
Lot area, minimum, per unit: 3,000 square feet.
[2] 
Parking off-street: two spaces.
[3] 
Minimum lot width at building setback: 60 feet.
(b) 
General.
[1] 
Maximum impervious surface ratio (on lot): 35%.
[2] 
Front building setback line: 30 feet.
[3] 
Minimum side yard: 10 feet.
[4] 
Minimum rear yard: 30 feet.
(2) 
Townhouse.
(a) 
Requirements.
[1] 
Lot area, minimum, per unit: 2,200 square feet.
[2] 
Lot area, minimum, for low- and moderate-income units: 1,600 square feet.
[3] 
Parking, off-street: two spaces.
[4] 
Minimum lot width at building setback: 22 feet.
[5] 
Minimum lot width at building setback for low- and moderate-income units: 16 feet.
(b) 
General.
[1] 
Maximum impervious surface ratio (on lot): 40%.
[2] 
Minimum building setback, any street right-of-way: 30 feet.
[3] 
Minimum building spacing: 30 feet.
[4] 
Minimum side yard setback of end unit: 15 feet.
[5] 
Minimum rear yard setback: 30 feet.
[6] 
Minimum fifteen-foot-wide unobstructed emergency access easement in rear of townhouse units to be placed in common area. If a common open space area does not exist, the easement may be part of the required lot size but shall not be placed in any required setback area.
(3) 
Multiplex.
(a) 
Requirements.
[1] 
Lot area, minimum, per unit: 2,200 square feet.
[2] 
Parking, off-street (per unit): two spaces.
(b) 
General.
[1] 
Maximum impervious ratio (on lot): 30%.
[2] 
Minimum building setback line from roads: 30 feet.
[3] 
Common parking areas: 20 feet.
[4] 
Minimum building spacing: 30 feet.
[5] 
Minimum lot width for building at setback line: 80 feet.
[6] 
Maximum height: three stories, not to exceed 40 feet.
[7] 
Minimum setback of side yards: 20 feet.
[8] 
Minimum setback of rear yards (no road): 30 feet.
(4) 
Garden apartment.
(a) 
Requirements.
Number of Bedrooms
Average Apartment Size
(square feet)
Minimum Lot Area Per Unit
(square feet)
Off-Street Parking Spaces
(per unit)
1
655
1,750
2.0
2
950
2,000
2.0
3
1,125
2,250
2.0
(b) 
General.
[1] 
Minimum impervious surface ratio (on lot): 40%.
[2] 
Minimum lot size: one acre.
[3] 
Minimum building setback line:
[a] 
Street: 50 feet.
[b] 
Common parking: 20 feet.
[4] 
Minimum units per building: 16 units.
[5] 
Building spacing (side to side on same lot): 50 feet.
[6] 
Minimum street frontage: 100 feet.
[7] 
Maximum building height: three stories, but not to exceed 40 feet.
[8] 
Minimum rear yard setback: 50 feet.
[9] 
Minimum side yard setback: 30 feet.
[Added 6-16-1993 by Ord. No. 1993-6]
Area restrictions and regulations for attached housing as accessory uses are as follows:
A. 
Minimum distance to side line: five feet.
B. 
Minimum distance to rear line: five feet.
C. 
Minimum distance to other buildings: five feet.
[Added 6-16-1993 by Ord. No. 1993-6]
Miscellaneous design requirements in the R-2CL District are as follows:
A. 
All land use shall be set back a minimum of 100 feet from the Delaware River as measured from the mean high-water line.
B. 
Buffer area requirements.
(1) 
Buffer areas shall be provided between all residential land uses and nonresidential land use or nonresidential zone districts. Buffer areas shall be a minimum of 20 feet wide in the R-2CL Districts and are to be in addition to the required yard setbacks. Buffer areas shall be increased to 25 feet for residential land use adjacent to Broad Street. Buffer areas shall be designed, planted, graded and landscaped to provide an aesthetically pleasing separation of uses. In meeting this standard, the applicant may employ one or more of the following:
(a) 
Fencing or wall screening in landscaped areas.
(b) 
Evergreen tree or shrubbery screening in a landscaped area.
(c) 
A landscaped berm having a maximum height of six feet with side slopes of 4:1.
(2) 
If, in the judgment of the approving authority, any of these alternate provisions will not provide sufficient buffers for the portion of the site proposed, the approving authority may require the development plan to be modified to show the extension of the buffer area, require that the proposed alternatives be landscaped differently or be relocated until, in the approving authority's judgment, they provide the desired buffering effect.
C. 
Buffer material and natural foliage. All buffer areas shall be planted and maintained with either grass or ground cover, together with a screen of live shrubs or scattered planting of live trees, shrubs or other plant material. The preservation of all natural wooded tracts shall be an integral part of all development plans and may be calculated as part of the required buffer area, provided that the growth is of a density and the area has sufficient width to serve the purpose of a buffer. Additional plantings may be required by the approving authority to establish an appropriate tone for an effective buffer.
D. 
Screening.
(1) 
Screening shall be provided with buffer strips or as required elsewhere in this chapter so as to provide a year-round visual or partial acoustical barrier to conceal the view or sounds of various utilitarian operations and uses from the street or adjacent properties.
(2) 
Screening shall be so placed that at maturity it will not be closer than two feet to any right-of-way, property line or access easement.
(3) 
All plants for screening shall be of a species common to the area, be of balled and burlapped nursery stock and be free of insects and disease. Plants which do not live shall be replaced within two years or two growing seasons. Buffered screen plantings shall be broken at points of vehicular and pedestrian ingress and egress to assure a clear sight triangle at all street and driveway intersections.
(4) 
Screening shall consist of the following materials:
(a) 
Solid masonry. A solid masonry wall, a maximum of six feet above ground level.
(b) 
Solid fencing. A solid fencing of natural durable material, such as cedar, cypress or redwood, a maximum height of six feet above ground level and open to the ground to a height of not more than four inches above ground level.
(c) 
Shrubbery.
[1] 
Low-type shrubbery screening may be used in and around parking areas, roadways or accessways where sight distances for vehicular and pedestrian traffic are a prime consideration. Shrubbery shall be a minimum of three feet high when planted and be of such density as will obscure, throughout the full course of the year, the glare of automobile headlights emitted from the premises.
[2] 
All other shrubbery for screening shall be a minimum of five feet high at the time of planting.
[3] 
Dense hedges of shrubbery planted at a maximum of 30 inches on center may be used.
(d) 
Trees. Trees for screening shall be evergreens having a minimum height of eight feet above the ground when planted. Trees shall be placed five feet on center in a single row, or five feet on center in two or more staggered rows with a five-foot separation between rows. Evergreens may be supplemented with deciduous trees having a minimum height of eight feet at time of planting, with a minimum caliper of 1 1/2 inches.
E. 
The development plan should be broken into visually small groupings such as quadrangles, clusters and courts. Devices to slow speed and reduce the size of each visual grouping, such as garden walls and gates, reduction in setbacks of facing buildings and variable landscape layout, are encouraged.
F. 
No more than five freestanding dwelling units should be placed in a row with the same setback from a straight street line.
G. 
Each detached dwelling unit and combined multiple dwelling complex of dwelling units shall have a compatible architectural theme with variations in design to provide attractiveness to the development, which shall include consideration of landscaping techniques, building orientation to the site and to other structures, topography, natural features, including the waterfront and individual dwelling unit design, such as varying unit widths, staggering unit setbacks, providing different exterior materials, changing rooflines and roof designs, altering building heights and changing types of windows, shutters, doors, porches, colors and vertical or horizontal orientation of the facades, singularly or in combination of each dwelling unit.
H. 
Multifamily dwelling units shall be grouped in clusters. Private parking areas should be located near dwelling units entrances. Any outdoor living areas or patios should adjoin open space or paths leading to open space. Dwelling units should not front on a through street. Screening of such outdoor living areas may be accomplished with plant materials, masonry structures or wood fences. Architectural elements, such as masonry walls and fences, shall be compatible in both style and materials with the dwelling unit of which it is part.
I. 
For multifamily dwelling units, there shall be provided at least one outdoor refuse storage area of at least 100 square feet for each 20 dwelling units. The refuse storage area shall be suitably located and arranged for access and ease of collection and shall not be part of, restrict or occupy any parking aisle and shall not be located further than 300 feet from the entrance to any multifamily unit which it is intended to serve and shall be screened.
J. 
Where private garages are provided, they must be constructed as part of a dwelling unit. Detached garages are not permitted in the R-2CL Zone. Private garages may be counted as 1/2 of an off-street parking space.
[Added 6-16-1993 by Ord. No. 1993-6]
Open space design requirements in the R-2CL District are as follows:
A. 
Open space areas resulting from development in the R-2CL District shall weave between dwelling units generally respecting a minimum width of 50 feet and periodically widening out into significant and usable recreation areas. The configuration of the open space areas should be arranged so that connections can be made to existing or future adjacent open spaces and other community facilities.
B. 
The developer may be required to plant trees or other similar landscaping improvements. Said improvements may include removal of dead or diseased growth, thinning of trees or other growth to encourage more desirable growth, removal of trees in areas planned for active recreational facilities, grading and seeding and improvements or protection of the natural drainage system by the use of protective structures, stabilization measures and similar improvements.
C. 
Portions of the open space should be developed to afford both passive and active recreational opportunities. Passive recreational activities may include but are not limited to pedestrian paths, sitting areas and naturally preserved areas. Active recreational areas may include but are not limited to such facilities as swimming pools, tennis courts, bicycle paths and playfields but should be carefully located to avoid problems of noise, lights and similar nuisance elements affecting residential units. They shall be located not less than 50 feet from any boundary line, exclusive of buffers.
D. 
Every parcel so set aside shall be conveyed by deed at the time final plat approval is granted.
E. 
The land to be set aside shall be offered to the Township Committee for acceptance. Land offered for dedication but not accepted by the Township Committee shall be transferred to a homeowners' association or similar organization in accordance with N.J.S.A. 40:55D-43.
F. 
Any open space offered to the Township Committee shall be subject to review by the Planning Board, which 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 topography, soils, wetlands and tree cover, as these features may enhance or detract from the intended use of the lands. The Planning Board may request an opinion from other public agencies or individuals as to the advisability of accepting any lands to be offered.
[Added 6-16-1993 by Ord. No. 1993-6]
Design requirements for waterfront residential areas in the R-2CL District. All residential buildings shall:
A. 
Be oriented to the tract and to other buildings so as to preserve open vistas to the Delaware River to take advantage of the waterfront setting, to the maximum extent feasible, by clustering with orientation of the project to the waterfront and otherwise providing the residents and public with reminders of the proximity of the waterfront.
B. 
Provide unobtrusive paths, that respect the residents' privacy or along the shoreline to encourage passive public use, where appropriate, as part of individual residences.
C. 
Develop projects with all-weather paths, landscaping and other improvements that are appropriate for the anticipated demand and size and location of the project. The public access system should provide continuous access along the shoreline with connection to other public areas or streets.
D. 
Provide public parking if none exists in the area.
E. 
Use elevational changes, planting, fences and signs to clearly differentiate the public access areas from the private residential areas.
F. 
All other provisions of this chapter shall also apply.
[Added 8-19-1992 by Ord. No. 1992-14]
A. 
Principal permitted uses. In all LT IND Light Industrial Districts, the following uses (and no others) of land and buildings are permitted:
(1) 
Business and professional offices.
(2) 
Product assembly.
(3) 
Product packaging.
(4) 
Warehousing and wholesale centers within a completely enclosed building.
(5) 
Production distribution centers.
(6) 
Municipal uses and buildings.
(7) 
Public utilities, provided that the proposed use in a specific location is necessary for the efficiency of the public utility; that the design of any building in connection with such facility shall conform to the general character of the area and will in no way adversely affect the safe and comfortable enjoyment of property rights adjoining property or within the neighborhood; that adequate and attractive fences and other safety devices shall be provided and sufficient landscaping, including shrubs, trees and lawns, shall be provided and will be periodically maintained by the public utility; and that all other requirements and specifications for the zone district in which such use is located will be met and observed.
(8) 
Parks and preserves.
(9) 
Agriculture.
(10) 
All uses permitted in C Commercial Districts, except that churches and religious institutions and facilities shall not be permitted.
[Amended 8-19-2013 by Ord. No. 2013-9]
B. 
Accessory uses permitted shall be as follows:
(1) 
Garages and storage buildings incidental to the principal use.
(2) 
Temporary construction trailer and one sign, not exceeding 32 square feet, advertising the prime contractor, subcontractor, architect, financing institution and similar data for the period of construction, beginning with the issuance of a building permit and concluding with the issuance of an occupancy permit, or for a period of one year, whichever is less, provided that said trailer and sign are on the site where the construction is taking place.
(3) 
Restaurant or cafeteria primarily for supplying needs only to employees and guests of the principal use.
(4) 
Any other accessory use incidental to the permitted uses.
[Added 8-19-1992 by Ord. No. 1992-14]
In all LT IND Light Industrial Districts, the following area restrictions and regulations are established:
A. 
Principal building. Minimum requirements shall be:
(1) 
Lot area: 50,000 square feet.
(2) 
Lot frontage: 200 feet.
(3) 
Lot width at building line: 200 feet.
(4) 
Lot depth: 200 feet.
(5) 
Side yard, each: 50 feet.
(6) 
Front yard: 75 feet.
(7) 
Rear yard: 50 feet.
(8) 
Maximum building coverage: 50%.
(9) 
Minimum green space: 25%.
B. 
Accessory building. Minimum distance shall be as follows:
(1) 
To side line: 50 feet.
(2) 
To rear line: 50 feet.
C. 
Maximum building height. No building shall exceed 35 feet.
D. 
Minimum floor area. Each building shall have a minimum gross floor area of 2,000 square feet.
[Added 8-19-1992 by Ord. No. 1992-14]
A. 
Any principal building may contain more than one use and/or organization. Any lot may contain more than one principal building structure, provided that each principal structure is located in a manner which will allow the possibility of subdividing the lot in a manner that each structure and resulting lot would conform to the zoning and subdivision regulations, including frontage on a public street.
B. 
At least the first 40 feet adjacent to any street line and 20 feet adjacent to any lot line shall not be used for parking and shall be planted and maintained as lawn area, ground cover or landscaped with evergreen shrubbery and separated from the parking area by poured concrete or Belgian block curbing.
C. 
No merchandise, products, shipping crates, pallets, waste or similar material or objects shall be displayed or stored outside.
D. 
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 residential district shall be suitably finished for aesthetic purposes, which shall not include unpainted or painted cinder block walls.
E. 
All portions of the property not utilized by building or paved surfaces shall be landscaped, utilizing combinations such as landscaped fencing, shrubbery, lawn area, ground cover, rock formations, contours, existing foliage and the planting of conifers and/or deciduous trees native to the area in order to either maintain or reestablish the tone of the vegetation in the area and lessen the visual impact of the structures and paved areas. The established grades on any site shall be planned for both aesthetic and drainage purposes. The grading plan, drainage facilities and landscaping shall be coordinated to prevent erosion and silting, as well as assuring that the capacity of any natural or man-made drainage system is sufficient to handle the water generated and anticipated both from the site and contributing upstream areas.
F. 
A minimum buffer area of 25 feet in width shall be provided along any common property line with a residential zone district or residential use.
[Added 8-19-1992 by Ord. No. 1992-14]
Minimum off-street parking shall be subject to the requirements of § 525-110.
[Added 8-19-1992 by Ord. No. 1992-14]
Minimum off-street loading shall be subject to the requirements of § 525-110B.
[Added 8-19-1992 by Ord. No. 1992-14]
Signage in the LT IND Zone shall be as required in § 525-121.
[Added 8-19-1992 by Ord. No. 1992-14]
The purpose of the P Park District is to provide the residents of Cinnaminson Township with passive open space recreational areas adjacent to the Delaware River and the Pompeston Creek. Use of lands in the P Park District is limited to passive open space and recreational uses compatible with the adjacent waterfront and should provide, where possible and feasible, connections with off-site waterfront public access. Any use of the lands in the P Park District shall emphasize conservation and enhancement of the natural resources and their enjoyment by the public through passive recreational opportunities that minimize intrusive structures.
[Added 8-19-1992 by Ord. No. 1992-14]
In all P Park Districts, the following uses (and no others) of lands and buildings are permitted:
A. 
Nature trails.
B. 
Hiking trails.
C. 
Boat launches and ancillary facilities.
D. 
Fishing piers.
E. 
Bicycling.
F. 
Wildlife observation.
G. 
Sitting areas.
H. 
Nature interpretation kiosks.
I. 
More active recreational uses, i.e., recreational uses that do not require extensive or intensive use of land may be incorporated where the environmental attributes of the site are compatible with the proposed use and will not result in an unacceptable fragmentation of the park layout.
[Added 8-19-1992 by Ord. No. 1992-14]
The purpose of the WP Wildlife Preserve District is to ensure protection of environmentally sensitive land for open space and educational and interpretive opportunities. Any use of the lands in the WP District shall emphasize conservation and enhancement of the natural resources. Where possible and feasible, connections with off-site waterfront public access is encouraged.
[Added 8-19-1992 by Ord. No. 1992-14]
A. 
In all WP Wildlife Preserve Districts, the following uses (and no others) of lands and buildings are permitted:
(1) 
Nature trails.
(2) 
Hiking trails.
(3) 
Wildlife observation.
(4) 
Sitting areas.
(5) 
Nature interpretation kiosks.
(6) 
Agriculture.
(7) 
Educational museum.
(8) 
Environmental studies center.
B. 
Permitted accessory uses: off-street parking.
[Amended 5-11-1982 by Ord. No. 1982-6; 11-10-1986 by Ord. No. 1986-22; 5-20-1992 by Ord. No. 1992-6; 8-19-1992 by Ord. No. 1992-14; 9-17-2003 by Ord. No. 2003-16]
In all C Commercial Districts, the following uses (and no others) of lands and buildings are permitted:
A. 
All uses permitted by ordinance in the R-2 Residential District, except those conditional uses set forth in § 525-20B.
[Amended 8-19-2013 by Ord. No. 2013-9; 6-1-2015 by Ord. No. 2015-4]
B. 
Retail store, business or professional office, studio, personal service shop, bakery or confectionery shop.
C. 
Dwelling apartment in connection with business use.
D. 
Restaurants.
(1) 
As used in this subsection, the following terms shall have the meanings indicated:
DRIVE-IN RESTAURANTS and TAKE-OUT RESTAURANTS
Establishments where patrons are served or can obtain refreshments or meals for principal consumption outside the confines of the principal building or in automobiles parked upon the premises, regardless of whether or not, in addition thereto, seats or other accommodations are provided for the patrons.
RESTAURANT
An establishment where refreshments or meals may be obtained by the public for consumption on the premises, within the building housing the restaurant and at tables provided for the public by the owners or management of the establishment. No service of meals or refreshments is permitted to be made to any person or persons in a vehicle on the premises.
E. 
Indoor motion pictures or legitimate theater; bowling alley; or indoor year-round swimming club.
F. 
Mortuary.
G. 
Banking, savings and loan, or other full-service financial institutions, except, however, that business as conducted primarily for check-cashing purposes shall not be permitted in the Commercial District.
H. 
Tailor shop, dressmaking establishment or shoe repair shop.
I. 
Newspaper or job-printing establishment.
J. 
Open-air parking lot, excluding automobile junkyard and display of used motor vehicles for sale.
K. 
Public garage, automobile repair shop, motor vehicle service station, car wash or other establishment where motor fuel, lubricating oils or motor accessories are stored or motor services are rendered, except that no public garage, automobile repair shop, motor vehicle service station, car wash or other similar establishment where motor fuel lubricating oils or motor accessories are stored or motor services are rendered shall be located within 300 feet of any property upon which a church, school, hospital, theater or place of public assembly seating over 50 persons is located. Said distances shall be measured on a straight line or air line from the outer boundary or property line of the lot containing the proposed use to the outer boundary or property line of the lot containing a church, school, hospital, theater or place of public assembly seating over 50 persons, public garage repair shop, motor vehicle service station, car wash or other establishment where motor fuel, lubricating oils or motor accessories are stored or motor services are rendered. No outdoor storage in connection with any of the uses mentioned in this subsection shall be permitted, except that the outdoor storage of small utility trailers which can be attached to motor vehicles and which have a load limit not in excess of 2,000 pounds, commonly known as "U-Haul-it trailers," shall be permitted at service stations.
L. 
Accessory use or structure on the same lot with and customarily incidental to the main permitted use or structure on the lot, including the accessory uses or structures enumerated in § 525-20C of this chapter.
[Amended 9-17-2008 by Ord. No. 2008-13]
M. 
Amusement centers, as herein defined, are prohibited. An "amusement center" is defined as the operation of a business wherein the proprietor, owner or tenant provides three or more game or amusement machines for play by the public, whether or not said machines are coin-operated.
In all C Commercial Districts, the following area restrictions and regulations are established:
A. 
The area of the lot shall be not less than 5,000 square feet, and the width of the lot shall be not less than 50 feet at the building line.
B. 
On a lot used exclusively for a commercial purpose, not more than 70% of the area of the lot may be occupied by buildings, and there shall be the following yards on such lot: a front yard of not less than 10 feet in depth and a rear yard of not less than 15 feet in depth, but side yards on such lot are not required; provided, however, that on a lot used in part for a commercial purpose and in part for dwelling purposes, there shall be at least one side yard of not less than eight feet in width. On a lot used exclusively for dwelling purposes, the area restrictions and regulations established by this chapter for R-4 Residence Districts shall apply.
[Amended 8-19-2013 by Ord. No. 2013-9]
A. 
In all C Commercial Districts, the following height restrictions and regulations are established: No building, structure or any part thereof shall exceed 35 feet in height, provided that such height limit may be exceeded by one foot for each six feet by which the aggregate width of the side yards is increased beyond the minimum side yard requirements, up to a maximum height of 45 feet.
B. 
Definitions. The definitions set forth at § 411-11 of the Code are hereby adopted by reference and incorporated into this section as if set forth at length.
C. 
Architectural design standards. The architectural design standards set forth at § 411-12 of the Code are hereby incorporated herein and adopted by reference as if set forth at length.
[Amended 6-14-1983 by Ord. No. 1983-16; 11-10-1986 by Ord. No. 1986-22; 8-9-1992 by Ord. No. 1992-14; 9-17-2003 by Ord. No. 2003-16; 5-17-2006 by Ord. No. 2006-15]
A. 
Principal permitted uses:
(1) 
In all BD Business Development Districts, except for those falling under the redevelopment provisions of Chapter 411 of this Code, the following uses (and no others) of lands and buildings are permitted:
[Amended 10-17-2007 by Ord. No. 2007-23; 12-2-2009 by Ord. No. 2009-15; 2-15-2010 by Ord. No. 2010-2]
(a) 
General corporate, administrative and professional offices.
(b) 
Banks and other financial institutions.
(c) 
Assisted living, rest and convalescent homes, medical facilities, hospitals, physical rehabilitation facilities.
(d) 
Restaurants and catering establishments where refreshments and meals may be obtained by the public for consumption on the premises within the building housing the restaurants and at tables provided for the public by the owners or management of the establishment.
(e) 
Shopping centers and/or major retail establishments for the sale of goods and services of certain types and descriptions that are not prohibited and provided that:
[1] 
The parcel of ground in question is under single ownership, has an area of not less than 15 acres, has a frontage of not less than 750 feet on a major street and contains an establishment or establishments having a gross floor area of not less than one 100,000 square feet.
[2] 
The number; size and manner of the ingress and egress to and from said streets shall be subject to the approval of the reviewing board or agency.
[3] 
Shopping centers are further subject to the requirements of § 525-107.
(f) 
Planned Business Development Parks consisting of one or more of the permitted uses in the BD District as permitted under § 525-65 and in accordance with the regulations for a Planned Business Development Park established by ordinance.
(g) 
(Reserved)
(h) 
Tailor shop, dressmaker, bakery or confectionery shop and retail within a shopping center.
(i) 
Funeral homes.
(j) 
Veterinarians.
(k) 
Health club/fitness center, including karate or similar martial arts school or studio.
[Amended 6-1-2015 by Ord. No. 2015-4]
(l) 
Drive-through restaurants.
(m) 
Convenience stores with motor fuel dispensing, as hereafter defined and subject to the conditions of this subsection. A convenience store with motor fuel dispensing is a retail establishment offering for sale prepackaged food products, household items, newspapers and magazines, sandwiches and other freshly prepared foods, such as salads, for off-site consumption and includes facilities for dispensing motor fuels. The standards and conditions set forth below shall apply:
[Added 11-15-2010 by Ord. No. 2010-13; amended 5-16-2016 by Ord. No. 2016-9]
[1] 
Minimum lot size: 1.75 acres.
[2] 
Maximum building size: 6,000 square feet.
[3] 
Maximum number of fueling stations: eight dispensers with two nozzles/hoses each.
[4] 
Maximum number of stories: one, exclusive of towers, cupolas or other architectural elements.
[5] 
Maximum height for principal building: 35 feet, exclusive of towers, cupolas or other architectural features.
[6] 
Maximum height of towers, cupolas or other architectural features: 45 feet.
[7] 
Maximum height for fuel canopy: 25 feet.
[8] 
Parking: One space per employee on the most heavily staffed shift plus a minimum of one space for each 300 square feet of footprint of the principal building. Additional parking may be provided to enhance internal circulation or where otherwise indicated by sound planning principals.
[9] 
Traffic study: A traffic impact study prepared by a licensed professional traffic engineer shall be submitted by the applicant. The study shall include but not be limited to estimates of the number of vehicles utilizing the fuel dispensers and store facility, on-site circulation, maximum size of trucks that can safely maneuver on site, ingress, egress and the impact of the traffic on the traffic patterns of adjacent roads.
[10] 
Landscaping and buffering. Notwithstanding the inclusion of the following standards in this chapter, same shall be treated as design standards, and not zoning regulations, and therefore deviations from same shall be considered as design waivers and not variances.
[a] 
Minimum front and side yard buffer between driveways and streets not adjacent to any residential zone: seven feet, as measured from the property line.
[b] 
Minimum landscaping strip and separation between driveways and streets not adjacent to any residential zone: seven feet.
[c] 
Minimum separation of driveways and parking areas from any other side yard: seven feet, to include appropriate buffering as the Board may require.
[d] 
Except as otherwise provide herein, landscaping shall be in accordance with the design standards of this Chapter 525.
[11] 
Signs.
[a] 
One freestanding sign is permitted for each nonresidential street frontage with fuel pricing. Maximum height for a pylon sign is 20 feet, and the minimum setback shall be five feet from the right-of-way of any street. There shall be a required minimum distance of 10 feet, measured from the ground up to the bottom of a pylon sign. The surface area of the sign shall be a maximum of 50 square feet for each side of a double-faced sign. A "monument" sign shall conform to the requirements of § 411-12, and have minimum setbacks from the property line or right-of-way of 15 feet.
[b] 
One facade sign is permitted on the principal building façade. The sign shall be limited in size to two square feet in size for each one foot of principal façade width. Façade signs shall have a maximum vertical height of five feet, be at least 10 feet off of the ground, project no more than 12 inches from the vertical wall and be no larger than 200 square feet in total size.
[c] 
Window signs shall be limited to 10% of the window area on the principal building facade.
[d] 
Canopy signs. A maximum of two canopy spanner signs shall be permitted under the canopy with a maximum height of two feet and a maximum area of 40 square feet each.
[12] 
Development adjacent to residential zones. Where the proposed development is adjacent to a residential zone, the provisions of § 525-67 of this Code shall apply.
[13] 
Architectural standards: In order to maintain consistency with the architectural features in the redevelopment areas of the Township, the architectural standards of § 525-66.1, which incorporate the standards § 411-12, are incorporated herein by reference, but shall be treated as design standards, and not zoning regulations, and therefore shall considered as design waivers and not variances.
B. 
Permitted accessory uses:
(1) 
Restaurant or cafeteria primarily for supplying meals only to employees and guests of the principal use; and newsstand, post office, automated banking facility and similar conveniences serving primarily employees and guests of the principal use, provided that there shall be no external evidence of such use.
(2) 
Assembly halls for meetings incidental to the business of the principal use.
(3) 
Maintenance, utility and storage facilities incidental to the principal use, not to exceed 30% of the gross floor area of the individual use.
(4) 
Sales of products incidental or accessory to the principal use.
(5) 
Temporary storage containers in compliance with the standards established in Chapter 443.
[Added 12-16-2009 by Ord. No. 2009-17]
C. 
Prohibited uses:
(1) 
In the BD Business Development District, the following uses of lands and buildings are prohibited:
[Amended 3-21-2007 by Ord. No. 2007-9]
(a) 
Adult entertainment (bookstores, video stores, adult novelty stores, theaters, exotic dancing). Within this subsection, the following terms shall have the following meanings:
[Amended 8-15-2007 by Ord. No. 2007-20]
ADULT BOOKSTORE, ADULT NOVELTY STORE or ADULT VIDEO STORE
A commercial establishment which has as a significant or substantial portion of its stock-in-trade, or derives a significant or substantial portion of its revenues or devotes a significant or substantial portion of its interior business or advertising or maintains a substantial section of its sales or display space for the sale or rental, for any form of consideration, of any one or more of the following:
[1] 
Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes, compact discs, slides, DVDs or other visual representations which are characterized by their emphasis on the exhibition or display of “specified sexual activities” or “specified anatomical areas,” as those terms are defined at N.J.S.A. 2C:34-6.
[2] 
Instruments, devices or paraphernalia which is designed for use or marketed primarily for stimulation of human genital organs or for pseudo masochistic use or abuse of the user or others.
ADULT THEATER
A theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear nude or semi-nude, or live performances which are characterized by the exposure of “specified anatomical areas” or “specified sexual activities” as said terms are defined in N.J.S.A. 2C:34-6.
(b) 
Amusement centers. An "amusement center" is defined as the operation of a business wherein the proprietor, owner or tenant provides three or more game or amusement machines for play by the public, whether or not said machines are coin-operated;
(c) 
Bars (excluding those associated with restaurants);
(d) 
Bowling alleys;
(e) 
Churches, places of religious worship and the like;
(f) 
Cocktail lounge;
(g) 
Collection agencies;
(h) 
Correctional/detention facilities;
(i) 
Dance clubs;
(j) 
Workers compensation offices;
(k) 
Employment offices;
(l) 
Janitorial supplies/services;
(m) 
Kennels;
(n) 
Laundromats;
(o) 
Laundry/dry cleaners (with plants on premises);
(p) 
Low-scale beauty supply stores;
(q) 
Mental health facilities;
(r) 
Music-only venues;
(s) 
Pawnshop;
(t) 
Pet stores;
(u) 
Plant nursery (except florists);
(v) 
Rehabilitation facilities (mental heath, drug, alcohol);
(w) 
Rental offices (car, furniture, etc.);
(x) 
Strip clubs;
(y) 
Tattoo parlors;
(z) 
Theaters;
(aa) 
Tobacco shop;
(bb) 
Tools and heavy equipment sales;
(cc) 
Wholesale products;
(dd) 
Discount stores that primarily sell off-price, surplus, discontinued and odd-lot retail merchandise, such as dollar stores and Big Lots; and
(ee) 
Car washes;
[Added 12-2-2009 by Ord. No. 2009-15[1]]
[1]
Editor's Note: With the addition of this ordinance, former Subsection C(1)(ee) was redesignated as Subsection C(1)(ff).
(ff) 
All other uses currently not permitted in the zone; and nothing contained shall be construed to now permit uses not expressly provided herein. Instead, all uses previously prohibited in that they were not specifically permitted shall continue to be prohibited, notwithstanding their omission from this list.
[Amended 12-2-2009 by Ord. No. 2009-15]
[Amended 6-14-1983 by Ord. No. 1983-16; 11-10-1986 by Ord. No. 1986-22; 8-9-1992 by Ord. No. 1992-14]
Individual uses and buildings not within planned business development parks:
A. 
Minimum lot size: 40,000 square feet.
B. 
Minimum lot width: 200 feet.
C. 
Minimum yard setbacks for principal buildings:
(1) 
Front yard: 50 feet.
(2) 
Side yard: 35 feet.
(3) 
Rear yard: 35 feet.
D. 
Maximum number of stories: three.
E. 
Maximum height for principal building: 45 feet.
F. 
Maximum lot coverage for principal building: 50%.
[Amended 3-21-2007 by Ord. No. 2007-9]
G. 
Permitted accessory structures shall not be permitted in any required front yard or required side yard or within 20 feet of any property line. In no case shall an accessory structure, built and designed for the purpose of storage, be located between the front line of the principal building and the street.
[Added 11-15-2010 by Ord. No. 2010-13]
[Added 8-19-2013 by Ord. No. 2013-9]
A. 
Definitions. The definitions set forth at § 411-11 of the Code are hereby incorporated herein and adopted by reference as if set forth at length.
B. 
Architectural design standards. The architectural design standards set forth at § 411-12 of the Code are hereby incorporated herein and adopted by reference as if set forth at length.
[Amended 6-14-1983 by Ord. No. 1983-16; 11-10-1986 by Ord. No. 1986-22; 8-9-1992 by Ord. No. 1992-14]
Individual uses and buildings not within planned business development parks:
A. 
Wherever a property line in the BD Business Development District abuts the property line of a lot in a residence district or existing residential use, any paved surface, including, but not limited to, any parking lot, drive aisle, loading area, dispensing areas, or drive-through shall be no closer than 40 feet to said property line, and appropriate measures shall be taken to shield such adjacent residential areas from the glare of headlights or other illumination on the lot, as set forth in Subsection B below.
[Amended 11-15-2010 by Ord. No. 2010-13]
B. 
Within appropriate buffer zones, a solid and continuous landscaped screen shall be planted and maintained. Said landscaping shall consist of berms with massed evergreen and deciduous trees and shrubs of such species as will produce a screen of at least six feet in height at the time of planting, or as deemed necessary by the Board after considering the elevation of the adjacent paved areas requiring screening.
[Amended 11-15-2010 by Ord. No. 2010-13]
(1) 
The landscaped screen described above shall be located so as to be no closer than five feet to the street line or property line.
(2) 
The entire buffer strip shall be graded and planted with grass by seed or sod and such other shrubbery and trees as may be required by the Board. The applicant may be required to use a combination of berms, walls or other measures to enhance or promote visual interest in the buffer area(s). The entire area shall be attractively maintained to be kept free of all debris and rubbish.
(3) 
In the event that any of the plantings required above do not survive beyond the period of any maintenance guaranties provided for same, they shall be replaced in accordance with the approved site plan during the next planting season, as deemed appropriate by the Township Engineer or appropriate inspecting agent of the municipality.
(4) 
The certificate of occupancy for the use on the premises shall not be issued until such time as the landscaping requirement as set forth in this section is installed in accordance with the plan reviewed by the reviewing agency or board as set forth in § 525-75, or until a performance guaranty is posted with the municipality in the amount equal to the estimated costs of said landscaping installation in accordance with N.J.S.A. 40:55D-53. The performance guaranty shall ensure that the installed landscaping complies with the requirements set forth above at the time of planting.
(5) 
All uses and buildings in the BD Business Development District are further subject to the requirements of § 525-110.
C. 
Notwithstanding the foregoing, the requirements of this § 525-67 do not apply to the rear property lines and/or rear yards of lots in or abutting the Section #2 Redevelopment Area, as the Section #2 Redevelopment Area is described in the Cinnaminson Township Redevelopment Plan, dated June 2002, adopted as Township Ordinance 2002-16, and as subsequently amended.[1]
[Amended 9-20-2006 by Ord. No. 2006-27]
[1]
Editor's Note: See Ch. 411, Redevelopment.
[Added 10-21-1992 by Ord. No. 1992-18]
A planned business development park (PBD) is flexible development of mixed uses permitted in the BD Business Development Districts, all developed pursuant to an overall integrated plan. The purpose of a PBD is to promote progressive development of land and construction thereon by encouraging planned business developments to achieve office and light industrial development offering greater creativity and flexibility in site plan design than is provided under the strict application of zoning regulations, while at the same time preserving the health, safety, order, convenience, prosperity and general welfare of Cinnaminson Township and its citizens. Any principal building in a PBD may contain more than one use and/or organization, provided that the total building coverage of the combined uses does not exceed the maximum improvement coverage specified for the district. Any lot developed as a PBD may contain more than one principal building, provided that the total improvement coverage specified for the district is not exceeded and the building separation requirements are met. All buildings, signs, walkways and lighting fixtures shall be compatibly designed, whether constructed all at one time or in stages over a period of time. The following provisions shall apply to a PBD in the BD Business Development Districts.
[Added 10-21-1992 by Ord. No. 1992-18; amended 6-1-2015 by Ord. No. 2015-4]
The aggregate land area devoted to flex building and LT IND Districts uses shall not be more than 60% of the gross land area of the PBD. The aggregate land area allocated to offices shall not be less than 15% of the gross land area of the PBD, not including office space in the flex buildings.
[Added 10-21-1992 by Ord. No. 1992-18]
A. 
Site size. The total site area shall not be less than five acres and shall have a frontage of at least 400 feet on an approved road.
B. 
Front yard requirements. All PBDs shall have a front yard setback a minimum of 65 feet from the road right-of-way, except where reverse and/or side parking is utilized, in which event the front setback can be reduced to no less than 40 feet.
C. 
Side yard and rear yard requirements. Each PBD shall have a minimum side yard of 20 feet, except where said property adjoins a residential zone or residential property when a minimum thirty-five-foot side yard is required. A minimum rear yard of 40 feet is required.
D. 
Building height. No building shall exceed 60 feet and no more than five stories.
E. 
Minimum distances between buildings. Minimum distances between buildings in a PBD shall be measured horizontally in feet and shall be measured away from the front, side and rear of each building. The total minimum separation between buildings shall be the sum of the two abutting distances. The minimum distances shall be 40 feet for the front of a building; 20 feet for the side of a building; and 25 feet for the rear of a building. No portion of any building shall be closer to any portion of any other building than the combined distances of the abutting requirements for each building, provided that the corner of a building offset more than a twenty-degree angle from a line drawn parallel to another building shall be considered a side of a building.
F. 
Maximum floor area ratio (FAR). The maximum FAR shall be allowed to vary according to the following schedule:
(1) 
Uses in one-story buildings: 0.23.
(2) 
Uses in multistory buildings: 0.28.
G. 
Maximum improvement coverage (MIC). The MIC shall be 65%. All areas not utilized for buildings, parking, loading access aisles and driveways or pedestrian walkways shall be suitably landscaped with shrubs, ground cover or similar plantings and maintained in good condition. A portion of the open space may contain a permanent water area.
H. 
Incentive options for increased FAR/MIC.
(1) 
For the provision of a landscaped plaza or interconnecting plaza(s) having pedestrian access from off-street parking areas and/or streets, with the largest dimension of such plaza area fronting on at least 25% of the principal structures on the lot, the maximum permitted FAR/MIC may be increased up to 5%.
(2) 
For the provision of varied building(s) sitting on the lot other than in a single line such that an open landscaped pedestrian area is achieved bounded on three sides by the principal structures on the lot, the maximum permitted FAR/MIC may be increased up to 5%.
(3) 
Increases under Subsection H(1) and (2) above may be cumulative. However, the increases permitted above shall not exceed the maximum permissible FAR of 0.25/0.31 for one-story or two-or-more-story buildings, respectively; the MIC shall not exceed 72%.
[Added 10-21-1992 by Ord. No. 1992-18; amended 9-20-2006 by Ord. No. 2006-27; 6-1-2015 by Ord. No. 2015-4]
Minimum buffer requirements are as follows, designed in accordance with § 525-79:
A. 
Front property line except for a permitted driveway: 40 feet.
B. 
Side yard: 20 feet, except where said property adjoins a residential zone or residential property, in which event a thirty-five-foot buffer is required.
C. 
Rear yard: 15 feet, except where said property adjoins a residential zone or residential property, in which event a thirty-foot buffer is required; excepting further, however, that no rear yard setback, and no buffer, shall be required where a property in the Section #2 Redevelopment Area, as the Section #2 Redevelopment Area is described in the Cinnaminson Township Redevelopment Plan, dated June 2002 and adopted through Ordinance 2002-16, adjoins a residential zone or property.[1]
[1]
Editor's Note: See Ch. 411, Redevelopment.
[Added 10-21-1992 by Ord. No. 1992-18; amended 6-1-2015 by Ord. No. 2015-4]
A. 
Access to and from a PBD shall be controlled in the interest of public safety. Each separate use, grouping of attached buildings or groupings of uses permitted as part of a single integrated PBD shall have not more than two accessways to the road on which it is located. Insofar as practicable, the use of common accessways by two or more permitted uses shall be provided in order to reduce the number and closeness of access points along the highway. The internal street system shall be an integral feature of the overall design of a PBD. It shall be designed for the efficient and safe flow of vehicles without creating a disruptive element to the development.
B. 
It shall be required that a comprehensive and detailed vehicular and pedestrian circulation plan be submitted and approved by the reviewing board. The circulation plan shall include vehicular access to and from major and collector streets, methods of adequate vehicular and pedestrian circulation patterns and separation of service and delivery areas from customer and employee areas.
[Added 10-21-1992 by Ord. No. 1992-18; amended 6-1-2015 by Ord. No. 2015-4]
Each development in the BD Districts developed in accordance with the requirements of a PBD and major retail establishments may have a maximum of two signs, except as otherwise permitted below, in accordance with the following standards:
A. 
One attached and one freestanding sign is permitted.
B. 
If there is one business or use on the lot, the single business may elect to use two attached signs and no freestanding sign.
C. 
For each PBD or major retail establishment where more than one business or use is located in a particular building or buildings, where said businesses or uses use a common parking lot and/or a common driveway or roadway, no freestanding signs shall be permitted, and instead there shall be one multiple occupancy and tenancy (MOT) sign. An MOT is a sign identifying where there is more than one occupancy and tenancy use and common parking facility and/or a common private drive or roadway and where the names and professions or business names of the various tenants and/or occupants are displayed. The signs shall be set back a minimum of 20 feet from the curbline. The sign may be illuminated by uprights located in the surrounding planting beds or internally illuminated.
D. 
Developments located at the intersection of two public rights-of-way may have one freestanding or MOT sign perpendicular to each.
E. 
Each building within a PBD may have a sign on its facade which cannot exceed 15% of the front wall area. The facade sign shall be flush with the wall surface and may be lighted with properly directed spotlights. Permanent lettering on a window or door is permitted, provided that the letters are not more than four inches in height and that only the name and specially of the business is inscribed.
F. 
Attached sign: 10% of the wall surface area of the wall on which the sign is to be placed.
G. 
Freestanding signs: 24 square feet on any one side; height not to exceed 20 feet.
H. 
MOT sign: 1/2 square foot for each foot of linear building frontage on the principal street, with a maximum size of 50 square feet on any one side of the sign; height not to exceed 20 feet.
I. 
All signs shall be set back a minimum of 20 feet from the road right-of-way.
[Added 10-21-1992 by Ord. No. 1992-18; amended 6-1-2015 by Ord. No. 2015-4]
A. 
All service areas in the PBD, loading docks, trash receptacles, etc., whether located to the side or to the rear of the building, shall be screened from public view by an evergreen vegetative buffer at least six feet in height at the time of planting or a seven-foot-high solid or louvered wooden fence may be used where space is prohibitive.
B. 
No merchandise, products or similar material or objects shall be displayed or stored outside unless appropriately screened and maintained. Any use resulting in the storage of vehicles outside shall have such area entirely enclosed by a solid wood fence, wall, plant material or combination thereof in order to provide a visual barrier between the storage areas and any street, residential zoning district or existing residential use. Such outside storage area shall not exceed 10% of the lot area and shall be located in the rear yard only.
[Added 10-21-1992 by Ord. No. 1992-18; amended 6-1-2015 by Ord. No. 2015-4]
A landscaping plan of a PBD shall be provided. Landscaping shall be integrated into building arrangement, topography, parking and buffering requirements. Landscaping shall include trees, bushes, shrubs, ground cover, perennials, annuals, plants, sculpture, art and the use of building and paving materials in an imaginative and aesthetic manner.
A. 
Natural topography and vegetation. The applicant shall use natural topography and vegetation, where possible. Large parking areas are not to be stripped of vegetation without requiring reseeding or replanting of all unpaved areas.
B. 
Saving of trees. Every attempt shall be made by the applicant to save existing trees even at the loss of parking spaces. Clumps of trees should be saved over single trees. Care should be taken by the approving authority to properly evaluate site clearing proposals, recognizing that wild trees often do not survive when their habitat is drastically altered. Where loss of trees is suggested, replacement should be required.
C. 
Slopes. Slopes in excess of 3:1 shall be avoided unless necessitated by unusual site limitations. All slopes shall be stabilized in a manner acceptable to the approving authority engineer.
D. 
Parking areas in front of buildings. Parking lots located in the front of buildings shall be landscaped to separate them from adjacent roadways.
E. 
Screened areas and buffers. Tall dense screens are required along nonpenetrable side lines, rear property lines and where commercial or industrial parking areas abut residences or residential zones. Evergreens such as but not limited to white pine, Austrian pine, Canadian hemlock, Servian spruce, arborvitae and upright yews may be used, provided that they meet specified height requirements.
F. 
Driveways. The areas adjacent to the driveways shall be planted with low plants or grass. Appropriate low plants include but are not limited to butterfly bush, Sargent juniper, inkberry, Japanese barberry or shrubbery cinquefoil.
G. 
Other required landscaped areas. Where a development plan indicates raised walkways between opposing rows of cars, areas at the end of bays or, where proposed or required by the approving authority, specific planting islands are indicated, these areas shall be landscaped. Planting strips may be as narrow as five feet, with a fifteen- to twenty-foot width most desirable. All should be raised and protected by permanent concrete curbing. The applicant shall landscape 5% to 10% of the parking areas provided.
H. 
Natural setting. In proposing a landscaping plan, an applicant shall take care, and the approving authority in reviewing shall require, that a natural setting consistent with prevailing community standards be preserved. Recognizing that a major community asset lies in the preservation of the natural condition of property, all efforts in the area of landscaping shall be exercised to provide consistent landscaping proposals with existing foliage.
I. 
Landscaping in parking and loading areas shall be shown on the landscaping plan. Trees shall be staggered and/or spaced so as not to interfere with driver vision, have branches no lower than six feet and be placed at the rate of at least one tree for every 20 parking spaces. All areas between the parking area and the building shall be landscaped with trees, shrubs and ground cover. Any plantings which do not live shall be replaced within two years or two growing seasons. A majority of the parking areas shall be obscured from streets by buildings, landscaped berms, natural ground elevations or plantings, singularly or in combination. All landscaping in parking and loading areas shall also meet the objectives of this landscaping section of this chapter.
[Added 12-11-1984 by Ord. No. 1984-19; 8-19-1992 by Ord. No. 1992-14]
A. 
The Master Plan for Cinnaminson Township adopted February 22, 1983, proposed the designation of certain sites for senior citizen townhouses. This recommendation was based on a study of census data indicating a marked trend toward a greater proportion of elderly in the age bracket of 55 to 64. An intent and purpose of the Municipal Land Use Law is to encourage senior citizen community housing construction, pursuant to N.J.S.A. 40:55D-21.
B. 
The purpose of this chapter is to provide suitable housing opportunities for those individuals whose children have grown and whose existing housing has become too large or burdensome, and who wish to remain in the Township.
C. 
It is recognized that while senior citizen townhouse use is necessary to serve the needs of this class of the Township's residents, indiscriminate Township development could become inimical to the public health, safety and general welfare if such development were to be permitted to be established without due regard for existing conditions and the character of the area surrounding the proposed townhouse development. Therefore, senior citizen townhouses are permitted as a conditional use when approved by the Planning Board in accordance with the requirements of this chapter.
[Added 12-11-1984 by Ord. No. 1984-19; 8-19-1992 by Ord. No. 1992-14]
As used in this chapter, the following terms shall have the meanings indicated:
SENIOR CITIZEN TOWNHOUSE
A one- or two-story dwelling unit in a combination of at least three such attached dwelling units and each unit separated by a common wall, such units restricted for use by senior citizens in accordance with the provisions of this chapter.
[Added 12-11-1984 by Ord. No. 1984-19; 8-19-1992 by Ord. No. 1992-14]
In all BD-1 Business Development/Senior Citizen Townhouse Districts, the following uses (and no others) of land and buildings are permitted:
A. 
Any use permitted in the BD Business Development District as specified in this chapter unless the tract has been dedicated and approved by the Planning Board for senior citizen townhouses.
[Amended 6-1-2015 by Ord. No. 2015-4]
B. 
Senior citizen townhouses as a conditional use upon approval of the Planning Board. A tract approved for senior citizen townhouse use shall have no permitted business, commercial or professional uses.
[Added 12-11-1984 by Ord. No. 1984-19; 8-19-1992 by Ord. No. 1992-14]
A. 
Age and occupancy requirements. Use and occupancy of the dwelling units are restricted to individuals or families where at least one permanent household resident is 55 years of age or older, and total occupancy is limited to three persons with none under the age of 18.
B. 
Documents required. Final approval shall be conditioned upon submission and approval of the Planning Board:
(1) 
Proposed master deed or deeds recording the permanent covenants and restrictions upon the property for use and occupancy by senior citizens as specified in Subsection A above, said covenants and restrictions to run with the land and be binding upon all subsequent purchasers, transferees, assignees or devisees of the property.
(2) 
Covenants and restrictions for all commonly owned land and improvements.
(3) 
Proposed bylaws of the association or corporation holding title to the commonly owned property or improvements.
C. 
Open spaces. In the event that open spaces, as defined in N.J.S.A. 40:55D-5, are created by the developer, the developer shall establish an open space organization, as defined by N.J.S.A. 40:55D-43, and the developer shall comply with the standards and requirements set forth in N.J.S.A. 40:55D-43.
D. 
Commonly owned land and improvements. All commonly owned land or improvements shall be owned in fee and maintained by a homeowners' association, corporation, open space organization, condominium association or the like.
E. 
Bulk requirements.
(1) 
The minimum tract size for senior citizen townhouse development shall be two acres.
(2) 
The maximum number of townhouse dwelling units in any one structure shall be eight units.
(3) 
The maximum density shall be eight townhouse dwelling units per acre.
(4) 
Townhouse structures shall not exceed 35 feet in height nor 2 1/2 stories above finished grade.
(5) 
An open, unoccupied yard area shall be provided between all buildings and property lines. The minimum yard requirements for townhouses and accessory buildings are:
(a) 
Fifty feet from any property line.
(b) 
Fifty feet between each building.
(6) 
The maximum impervious cover shall be 50% of the total tract area proposed for development. Impervious cover shall include area covered by buildings, streets, parking lots, sidewalks, tennis courts and the like.
(7) 
The minimum floor area for each townhouse dwelling unit shall be as follows:
(a) 
One-bedroom unit: 1,050 square feet.
(b) 
Two-bedroom unit: 1,200 square feet.
(c) 
One-bedroom unit plus den: 1,200 square feet.
(d) 
Two-bedroom unit plus den: 1,350 square feet.
(8) 
Each townhouse dwelling unit shall be limited to a maximum of two bedrooms.
F. 
Building design.
(1) 
Each development shall have a compatible architectural theme throughout and shall incorporate sufficient landscaping techniques and building orientation to the site and to other structures to incorporate a compatible and aesthetic appearance. Individual dwelling unit design, such as varying unit widths, staggered unit setbacks and alternate rooflines and building heights, with changing types of windows, shutters, doors and orientation of the facade, shall be encouraged within the overall sense of the design continuity.
(2) 
Clustering of buildings to encourage sufficient open space and green area shall be encouraged.
(3) 
Where row-house-type design is used, a front facade of the townhouse structure shall not continue on the same plane for a distance of more than the width of two adjacent dwelling units. Offsets shall be at least four feet. At least two units shall be separate units with identical facades.
(4) 
Accessory buildings for storage, where used, shall have an exterior finish similar to the architectural style of the townhouses. These buildings shall be located at the rear and be attached to the main building.
(5) 
Townhouses shall not have an inhabitable area lower than finished grade.
(6) 
A master television antenna, within the roof areas, or cable shall be provided for each building. No external roof antenna is permitted.
G. 
Landscaping and screening.
(1) 
The landscape shall be preserved in its natural state, insofar as the Planning Board shall determine is practicable, by minimizing tree removal.
(2) 
A detailed landscaping plan shall be prepared in accordance with the requirements of § 525-110, Submission requirements and design standards for site plans. This plan should provide adequate plant material to effectively screen the development from the exterior public roads and property lines.
(3) 
Fencing.
(a) 
Fencing six feet in height shall be installed at property lines common with off-tract adjacent properties. Trees shall be planted along the fence line in a twenty-foot buffer strip. Fencing shall be compatible with the adjacent area. As approved by the Planning Board, the following fence types are permitted:
[1] 
Opaque.
[a] 
Chain link with vertical wood slats.
[b] 
Brick or stone wall.
[2] 
Open weave.
[a] 
Vinyl plaid chain link.
(b) 
Other fence types shall be permitted as approved by the Planning Board. Only property line fencing is permitted except required fencing for swimming pools and tennis courts or similar facilities.
(4) 
In the event that any of the plantings in accordance with the above requirements do not live, they shall be replaced within one year.
(5) 
Screening of refuse containers shall be constructed using brick or block walls on three sides and a gate. Exterior finish of block walls shall be similar to the architectural style of the townhouse. No refuse containers shall be installed within 25 feet of a property line common with adjacent properties.
H. 
Parking.
(1) 
Parking areas shall not extend into any required yard area except for ingress and egress driveways. No parking area shall be located within 10 feet of a building.
(2) 
Design of parking areas and driveways shall provide convenient access to buildings for fire equipment, moving vans, fuel trucks, garbage collection, snow removal, deliveries, etc.
(3) 
Parking spaces shall be located relative to the building units they will be serving.
(4) 
Parking spaces shall conform with the requirements of § 525-110, of this chapter (design standards) and should be so designed and located as to minimize their visual impact. A maximum of eight spaces shall be provided in each grouping, and the groupings shall be separated by landscaped islands of a minimum of 10 by 20 feet.
(5) 
Two parking spaces shall be provided for each townhouse. In addition, spaces for visitors parking shall be provided on the basis of at least one space per five townhouses.
I. 
Lighting.
(1) 
Lighting shall be provided for parking areas, walkways, accessory building and refuse collectors.
(2) 
Lighting shall be low-brightness type, utilizing a lamp source mounted totally within the fixture housing. The fixture diffuser and/or reflector shall be mounted horizontally with the ground surface. All lights should be operated automatically.
(3) 
The proposed lighting shall provide a minimum of 0.2 footcandle and an average of 1.0 footcandle at all points in the parking area and on walkways.
(4) 
The maximum mounting height of lighting fixtures shall be 20 feet above the paved surface.
J. 
Utilities. Each townhouse shall be connected to and adequately served by all required utilities. All utility services shall be installed underground.
K. 
Community impact. No townhouse development shall be permitted if it will have a detrimental effect on drainage, sewerage or established uses in the surrounding area.
L. 
Improvements, on-site and off-site. The developer shall be required to furnish performance and maintenance guaranties in accordance with the provisions of N.J.S.A. 40:55D-53 for on-site and off-site improvements required by the Planning Board as a condition of approval.
[Added 12-11-1984 by Ord. No. 1984-19; 8-19-1992 by Ord. No. 1992-14]
A. 
Application to Planning Board. An application for a senior citizen townhouse conditional use approval shall be to the Planning Board, unless required to be heard by the Zoning Board of Adjustment, pursuant to N.J.S.A. 40:55D-76. The Planning Board shall grant or deny the application within 95 days of submission of a complete application or within such further time as may be consented to by the applicant.
B. 
Application form. The applicant shall use the standard site plan application form when submitting an application for approval of a senior citizen townhouse use.
C. 
Site plan required. Review by the Planning Board of the conditional use application shall include site plan review pursuant to §§ 330-100, 330-101 and 525-110.
D. 
Subdivision, when required. Applications for development which involve single lot ownership require subdivision approval, and the applicant shall comply with all the applicable provisions of the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., regarding subdivisions and Chapter 455, Subdivision of Land, of the Code of Township of Cinnaminson.
E. 
Conflicting standards. In the event of a conflict between the standards imposed by the site plan provisions of this chapter (§§ 330-100, 330-101 and 525-110) and Chapter 455, Subdivision of Land (where applicable),[1] the stricter standards shall apply, unless the Planning Board shall determine otherwise.
[1]
Editor's Note: See now Ch. 330, Land Use Procedures, Art. III, Subdivision of Land.
F. 
Fees.
(1) 
There shall be a nonrefundable application fee as set forth in Chapter 265, Fees.
(2) 
An initial escrow deposit of as set forth in Chapter 265, Fees, for professional review fees is required when the application is filed. In the event that the applicant's escrow account balance falls below the amount set forth in Chapter 265, it shall be replenished by the applicant to the balance as set forth in Chapter 265. Any unexpended portion of the escrow will be returned to the applicant.
G. 
Notice requirements for hearings. An application for development of senior citizen townhouses pursuant to this chapter shall require the applicant to give public notice thereof as follows:
(1) 
Public notice shall be given by publication in the official newspaper of the municipality at least 10 days prior to the date of the hearing.
(2) 
Notice shall be given to the owners of all real property as shown on the current tax duplicate or duplicates located within 200 feet in all directions of the property which is the subject of such hearing, whether located within or without the municipality in which the applicant's land is located. Such notice shall be given by serving a copy thereof on the owner as shown on said current tax duplicate or his agent in charge of the property or by mailing a copy thereof by certified mail to the property owner at his address as shown on said current tax duplicate. A return receipt is not required. Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its president, a vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation.
(3) 
Notice of all hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given by personal service or certified mail to the clerk of such municipality.
(4) 
Notice shall be given by personal service or certified mail to the County Planning Board of a hearing on an application for development of property adjacent to an existing county road or proposed road shown on the Official County Map or on the County Master Plan, adjoining other county land or situate within 200 feet of a municipal boundary.
(5) 
Notice shall be given by personal service or certified mail to the Commissioner of Transportation of a hearing on an application for development of property adjacent to a state highway.
(6) 
All notices hereinabove specified in this section shall be given at least 10 days prior to the date fixed for hearing, and the applicant shall file an affidavit of proof of service with the Board holding the hearing on the application for development.
(7) 
Any notice made by certified mail as hereinabove required shall be deemed to be complete upon mailing in accordance with the provisions of N.J.S.A. 40:55D-14.
(8) 
Form of notice. All notices required to be given pursuant to the terms of this chapter shall state the date, time and place of the hearing, the nature of the matters to be considered and identification of the property proposed for development by street address, if any, or by reference to lot and block numbers as shown on the current tax duplicate in the Municipal Tax Assessor's office and the location and times at which any maps and documents for which approval is sought are available as required by law.
In all IND Industrial Districts, the following uses (and no others) of lands and buildings are permitted:
A. 
All uses permitted by this chapter in C Commercial Districts, except churches and religious institutions and facilities.
[Amended 8-19-2013 by Ord. No. 2013-9]
B. 
All uses permitted by this chapter in the BD Business District, in addition to warehouse and indoor storage.
[Amended 8-19-1992 by Ord. No. 1992-14]
C. 
Industrial uses, except the following uses and uses substantially similar to the following:
[Amended 2-12-1980 by Ord. No. 1980-2; 12-22-1980 by Ord. No. 1980-22; 4-13-1988 by Ord. No. 1988-7; 2-14-1990 by Ord. No. 1990-1]
Abattoir
Acid manufacture
Ammonia, bleaching powder or chlorine manufacture
Arsenal
Asphalt manufacture
Candle manufacture
Celluloid manufacture
Chemical refining, processing or recycling
Coke oven
Concrete recycling, crushing or processing
Creosote treatment or manufacture
Disinfectants manufacture
Distillation of bones, coal or wood
Dyestuff manufacture
Emery cloth and sandpaper manufacture
Extermination and insect poison manufacture
Fat rendering
Fertilizer manufacture
Fireworks or explosives manufacture or storage
Fish smoking or curing
Glue, size or gelatin manufacture
Junkyard or automobile wrecking yard
Lampblack manufacture
Match manufacture
Oilcloth or linoleum manufacture
Oiled or rubber goods manufacture
Ore reduction
Paint, oil, shellac, turpentine or varnish manufacture
Petroleum refining or storage
Plating works
Potash works
Pyroxylin manufacture
Rubber caoutchouc or gutta-percha manufacture
Rubber or tire recycling
Salt works
Sauerkraut manufacture
Soap manufacture
Soda and compound manufacture
Solid waste hauling, maintenance and related and ancillary uses and activities
Stockyard
Tallow, grease or lard manufacture or refining
Tanning, curing or storage of leather, rawhides or skins
Tar distillation and manufacture
Tile or brick manufacture
Trash incineration
Truck and busing terminals and transshipment facilities. For purposes of herein, "trucking and busing terminals and transportation facilities" shall be defined as those businesses or uses whose primary activity is directed to the transportation of goods, wares, merchandise or people and the consolidation, shipment, transshipment or transport of the same but shall not be construed to prohibit business or uses engaged in the commerce, transportation or loading of goods, wares or merchandise manufactured or sold on the premises. Notwithstanding the foregoing, trucking and busing terminals and transshipment facilities shall not be deemed to include facilities whose primary activity is the production, assembly, handling, packaging, storage and/or distribution of goods, wares and/or merchandise. Such activities and facilities shall be considered permitted uses within this zone.
[Added 8-18-1993 by Ord. No. 1993-12; amended 8-5-2009 by Ord. No. 2009-9]
Vinegar manufacture
Wool pulling or scouring
Yeast plant
[Amended 2-14-1990 by Ord. No. 1990-1]
The uses permitted by this chapter in the IND Industrial Districts exclude all uses of such nature as to cause smoke, odors, fumes, gases, dust or powdered waste of any kind to be emitted into the air outside the building or buildings on the lot or of such nature as to cause vibrations or noises likely to disturb persons on adjacent or nearby lots. The area of any lot used for a commercial or industrial purpose and not occupied by buildings shall at all times be kept free from weeds, brush and undergrowth and generally shall be cared for by the owner or occupant of the premises so that such open area shall not become a nuisance or present an unsightly appearance. All applications for zoning permits and certificates of conformity with respect to any of the permitted uses under § 525-81 of this chapter (except dwelling uses) shall be made to the Zoning Officer of the Township, who shall have exclusive authority in the matter of the issue of zoning permits and certificates of conformity pertaining to such uses; subject, however, to such rights of appeal and review as are or may be provided by law.
[Amended 12-9-1987 by Ord. No. 1987-26; 3-1-2010 by Ord. No. 2010-4]
In all IND Industrial Districts, the following area and height restrictions and regulations are established:
A. 
For industrial or commercial uses:
(1) 
The area of the lot shall be not less than 15,000 square feet, and the width of the lot shall not be less than 100 feet at the building line.
(2) 
Not more than 60% of the area of the lot may be occupied by buildings.
(3) 
There shall be a front yard on each street on which the lot abuts, which yard shall be not less than 50 feet in depth.
(4) 
There shall be two side yards on the lot, neither of which shall be less than 25 feet in width, except that when the industrial area abuts a residential area, the side yard shall be 50 feet, except where a street intervenes.
(5) 
There shall be a rear yard on the lot which shall be not less than 25 feet in depth.
B. 
For dwelling uses: On a lot used for dwelling purposes, the area restrictions and regulations established by this chapter for R-2 Residence Districts shall apply.
C. 
For industrial or commercial buildings: No building or structure for any industrial or commercial use shall exceed 45 feet in height; provided, however, that auxiliary structures, the use of which is incidental to the permitted industrial or commercial use, may extend to greater height with the prior approval of the Board of Adjustment.
D. 
For dwelling structures: No building used for residence purposes shall exceed 35 feet in height, provided that such limit may be exceeded by one foot for each six feet by which the aggregate width of the side yards is increased beyond the minimum side yard requirements, up to a maximum height of 45 feet.[1]
[1]
Editor's Note: Provisions pertaining to the EX IND Exclusively Industrial Districts, as amended, which previously followed this section, were repealed 8-19-1992 by Ord. No. 1992-14.
[Added 6-1-2015 by Ord. No. 2015-4]
In all IND Industrial Districts, the design requirements shall be followed and off-street parking and loading spaces shall be provided in accordance with the requirements of § 525-110. In addition to the general design, parking and loading requirements of § 525-110, the following requirements shall also apply. In the event of a conflict between the standards below and § 525-110, the more restrictive provision shall govern.
A. 
Fences and walls.
(1) 
All permitted fences shall be positioned with the finished side of the fence facing the adjacent property. Except as may be permitted for agricultural or special security uses as determined by the Planning Board, no fence shall be electrified, erected of barbed wire, topped with metal spikes, nor constructed of any material that would be dangerous to persons or animals. Notwithstanding the foregoing, a fence topped with barbed wire or metal spikes facing inward toward the subject property may be permitted where the applicant demonstrates a bona fide security justification for such a feature to the satisfaction of the reviewing Board. Where such a fence is permitted, the barbed wire shall be attached atop a fence with a minimum height of six feet.
(2) 
Solid fences are more appropriately used adjacent to or attached to a building as architectural extensions, and consideration should be given to coordination with the lines, material and color of the related building. A fence shall be regarded as solid if less than 50% of vertical surface area is open.
(3) 
Metal fences, when used to enclose electrical supply stations having energized electrical conductors or equipment, shall be effectively grounded. Fences surrounding such enclosures shall be not less than seven or more than nine feet high and shall be constructed in a manner designed to present barriers to climbing or other unauthorized entry.
(4) 
No fence, wall or other structure shall be erected in a location or manner that would cause obstruction of traffic sight distances, whether at entrances or at interior intersections of vehicular circulation.
(5) 
Except as otherwise specifically permitted, no fence or wall shall be less than six nor more than nine feet in height. Notwithstanding this provision, a retaining wall necessary to the proper design and utilization of the property may exceed this height. Retaining walls shall be designed in accordance with applicable engineering standards for strength, seismic resilience, location, drainage, soil type and other conditions.
(6) 
All fences and walls shall include plantings as required by the landscape standards of the Township Code.
(7) 
The reviewing body may require a fence or other barrier where it reasonably finds such a structure is necessary for the protection of the public health, safety and welfare.
B. 
Lighting.
(1) 
All parking areas and walkways, including loading areas, shall be adequately illuminated for safety and security purposes. The lighting plan shall provide for downward-focused, nonglare, color-corrected lighting at the intensities set forth in § 525-110. The lighting plan shall provide sufficient detail to permit an analysis of the impact of the lighting on adjacent properties, traffic, safety and sky glow. Off-premises effects of lighting shall be minimized. No light shall shine into windows of adjacent buildings or residences nor shine onto streets or driveways in a manner that will interfere with or distract from driver vision. Light intensity and shielding is specifically subject to site plan approval.
C. 
Landscaping and buffering.
(1) 
In order to minimize adverse impact on adjacent nonindustrial properties, buffers such as fences, walls, landscaping, berms, mounds or similar techniques shall be utilized. Buffers shall be located along property lines and shall shield uses from each other. In addition, specific structures such as trash bins, storage areas, loading and unloading areas shall be screened.
(2) 
Boundaries with residential zones shall provide both a visual and aural buffer between the commercial or industrial use and the residential zone. Buffers along infill or preexisting residential development within the Industrial Zone shall be by means of a solid or louvered fence not less than seven feet in height. Buffers along zone boundary lines shall be not less than 25 feet in width and shall contain a mixture of buffering devices.
(3) 
Landscaping shall be provided across the development site with particular attention to entrances and to accent and complement buildings.
(4) 
Landscaping shall consider climate conditions and be designed to minimize the need for irrigation or maintenance. The design shall consider susceptibility to disease, colors, seasons, temperatures, shapes, soil condition and foliage. Zeroscaping and xeriscaping techniques are encouraged.
(5) 
The ultimate size of planted landscaping shall be considered in choosing locations. Particular attention should be given to varieties that may grow to intrude on sight triangles or block the view of signage or required lighting.
(6) 
At least 5% of parking lot areas shall be landscaped. Such landscaping shall be low growing or of sufficient height before the onset of foliage to allow drivers to have a clear view. The landscaping shall be located in protected areas along walkways, center islands and at the end of parking or loading bays.
D. 
Ventilation, noise and waste storage.
(1) 
No use shall obstruct natural ventilation of adjacent uses. No use shall produce heat perceptible beyond its lot lines, nor shall any odor from nonagricultural operations be discernable beyond the lot lines.
(2) 
No air conditioners or exhaust fans shall discharge within 20 feet of any lot line. Where necessary, baffles shall be used to direct such discharge and limit noise impacts.
(3) 
The applicant shall demonstrate that noise levels during operation shall fully comply with the rules and regulations established by the New Jersey Department of Environmental Protection.
(4) 
No use shall produce a strong, dazzling light or reflection of a strong, dazzling light or glare beyond its lot lines. Exterior lighting shall be shielded, buffered and directed so that glare, direct light or reflection will not become a nuisance to adjoining property or dwelling units.
(5) 
No materials or wastes shall be deposited upon a lot in such a form or manner that they may be transported off the lot by natural causes, nor shall any substance be deposited in a manner which may lead to contamination of an adjacent property, pond, watercourse, body of water or an underground aquifer or render such a pond, watercourse, body of water or aquifer unfit or undesirable as a source of water or recreation or which may be harmful to aquatic life. All materials or wastes which may cause fumes or dust or which may constitute a fire hazard shall be stored in enclosures or indoors in appropriate containers adequate to eliminate such hazards. All edible materials or materials which may be attractive to children, pets, rodents or insects shall likewise be stored in enclosures adequate to eliminate such hazards. With respect to all waste, each property owner, tenant and business shall: a) assume full responsibility for collection and removal of such refuse; b) comply with applicable provisions of environmental protection laws, including open burning and incineration regulations; c) comply with all provisions of applicable state, county and local sanitary and health codes; and d) permit no accumulation on the property of any waste, junk or debris.
E. 
Parking and loading.
(1) 
Off-street parking and loading areas, together with access aisles and driveways, shall not occupy more than 45% of the lot area.
(2) 
Ingress and egress drives, loading and unloading areas and interior connecting routes shall be constructed to standards designed for the largest and heaviest vehicles using the loading and unloading facilities. Minimum paving requirements for such areas on standard soils shall be not less than five inches of compacted base course consisting of three-quarter-inch, quarry-processed stone and a minimum of two inches of compacted wearing surface of bituminous concrete (FABC) in accordance with New Jersey State highway specifications and any amendments thereto or as determined by the Township Engineer or Planning Board Engineer. Appropriate recycled materials may be substituted. Where subbase conditions warrant (such as wet or springy areas) the subbase shall be treated as determined by the Planning or Zoning Board Engineer.
(3) 
In order to properly assess the paving design required, all applications shall include information regarding the number and nature of vehicles anticipated to be utilizing loading docks, the frequency of trips and the loaded and unloaded weight of such vehicles.
(4) 
In general, the number of loading docks for industrial and wholesale operations with a gross floor area greater than 10,000 square feet shall be one loading dock per 50,000 square feet of gross floor area. The number of loading docks required may be adjusted based upon actual use projections. In such case, the number of loading docks shall be the number necessary to permit simultaneous loading or unloading without stacking of vehicles at the peak usage period unless supplementary truck parking sufficient to accommodate stacking is provided. Vehicles in the process of or waiting to load and unload shall comply with all applicable regulations regarding idling, noise and emissions.
(5) 
All loading and service areas shall be separated from pedestrian walkways and areas by curbing or such other protective device as may be approved by the Planning or Zoning Board Engineer.
(6) 
No loading docks shall be located on the front of the building or nearer to a street than the building setback line.
(7) 
Loading docks shall have at least 15 feet of overhead clearance.
(8) 
The number of parking spaces shall be as set forth in § 525-110. If the proposed use is not listed, the number of required parking spaces shall be calculated by considering: a) the number of persons to be employed in the facility during the peak shift; b) the number of persons in addition to employees expected to visit or patronize the building use; and c) anticipated modes of transportation to and from the site.
F. 
Provisions as supplemental. The provisions of this § 525-83.1 are intended as supplemental to and not in lieu of those requirements set forth in § 525-110.
[Added 3-1-2010 by Ord. No. 2010-4[1]]
A. 
Purpose. The purpose of this section shall be to provide rules, regulations and standards for the permitting of uses within the Route 73 area in the Township of Cinnaminson in order to promote the public health, safety, convenience and general welfare of the municipality. It shall be administered to ensure the orderly growth of development, the conservation, protection, and proper use of land and adequate provision for circulation, utilities and services within the district.
B. 
Principal permitted uses. In all (HC) Highway Commercial Districts, the following uses (and no others) of land and buildings are permitted:
(1) 
Business and professional offices.
(2) 
Automobile sales (new car dealership with a minimum four-acre lot).
(3) 
Public garage, truck and automobile repair and body shop, motor vehicle service station, car wash or other establishment where motor fuel, lubricating oils or motor accessories are stored or motor services are rendered, except that no public garage, automobile repair shop, motor vehicle service station, car wash or other similar establishment where motor fuel, lubricating oils, or motor accessories are stored, or motor services are rendered, shall be located within 300 feet of any property upon which a place of public assembly seating over 50 persons is located. Said distances shall be measured on a straight line or air line from the outer boundary or property line of the lot containing the proposed use to the outer boundary or property line of the lot containing a place of public assembly seating over 50 persons. No outdoor storage in connection with any of the uses mentioned in this subsection shall be permitted, except that the outdoor storage of small utility trailers which can be attached to motor vehicles and which have a load limit not in excess of 2,000 pounds, commonly known as "U-haul-it trailers," shall be permitted at service stations. (All motor vehicle repairs must be performed within an enclosed building.)
(4) 
Indoor motion-picture or legitimate theaters; bowling alleys; or indoor year-round swimming clubs.
(5) 
Retail stores.
(6) 
Restaurants and fast-food/drive-through facilities subject to the conditions as stated in § 525-97.
(7) 
Veterinarians.
(8) 
Banking, savings and loan, or other full-service financial institutions, except, however, that businesses conducted primarily for check-cashing purposes shall not be permitted.
(9) 
Mortuaries.
(10) 
Municipal uses and buildings.
(11) 
Public utilities, provided that the proposed use in a specific location is necessary for the efficiency of the public utility; that the design of any building in connection with such facility shall conform to the general character of the area and will in no way adversely affect the safe and comfortable enjoyment of property rights adjoining property or within the neighborhood; that adequate and attractive fences and other safety devices shall be provided and sufficient landscaping, including shrubs, trees and lawns, shall be provided and will be periodically maintained by the public utility; and that all other requirements and specifications for the zone district in which such use is located will be met and observed.
(12) 
Parks and preserves.
(13) 
Agriculture.
C. 
Accessory uses or structures; signs: accessory uses or structures on the same lot with and customarily incidental to the main permitted use or structure located on the lot. The term "accessory use or structure," as used within this section, shall include and permit:
(1) 
Signs.
(a) 
Any of the following accessory signs, provided that no sign shall be placed in such a position that it will cause danger to traffic on a road or street by obscuring the view, and provided that no sign shall be of the flashing type:
[1] 
An official highway name sign or traffic sign.
[2] 
A sign advertising the sale or rental of premises and a sign bearing the word "sold" or "rented" and the name and address of the person effecting the sale or rental, provided that such sign may be erected only on the premises to which it relates and that the size of any such sign shall not exceed one square foot for each 10 feet of lot frontage, with a maximum of 32 square feet, but no such sign need be less than six square feet.
[3] 
A sign indicating land in the process of development and showing the name of the owner, developer, builder or agent, provided that the size of any such sign shall not exceed 32 square feet and that not more than one such sign shall be erected on each 200 feet of street frontage.
[4] 
A sign of a mechanic, but only during the period of time that such person is performing work on the premises, provided that such sign shall be erected only on the lot where the work is being performed and that the size of any such sign shall not exceed 12 square feet and that such sign shall be removed promptly upon completion of the work.
[5] 
A sign exhibiting the name given to the property by the owner or occupant or relating to trespassing on the premises or indicating the private nature of a road or driveway, provided that the size of any such sign shall not exceed two square feet.
[6] 
A sign advertising a permitted accessory use, provided that the size of any such sign shall not exceed two square feet and that such sign shall be erected only on the lot where such accessory use exists.
(b) 
There shall be no flashing signs, rotating signs, running borders or other forms of animation of whatever nature.
D. 
Area restrictions and regulations.
(1) 
Principal building. Minimum requirements shall be:
(a) 
Lot area: 40,000 square feet.
(b) 
Lot frontage: 200 feet.
(c) 
Lot width at building line: 200 feet.
(d) 
Lot depth: 200 feet.
(e) 
Side yard, each: 35 feet.
(f) 
Front yard: 50 feet.
(g) 
Rear yard: 50 feet.
(h) 
Maximum building coverage: 50%.
(i) 
Minimum green space: 25%.
(2) 
Accessory building. Minimum distance shall be as follows:
(a) 
To side line: 15 feet.
(b) 
To rear line: 15 feet.
(3) 
Maximum building height. No building shall exceed 45 feet.
(4) 
Minimum floor area. Each building shall have a minimum gross floor area of 2,000 square feet.
E. 
General regulations.
(1) 
Any principal building may contain more than one use and/or organization. Any lot may contain more than one principal building structure, provided that each principal structure is located in a manner which will allow the possibility of subdividing the lot in a manner that each structure and resulting lot would conform to the zoning and subdivision regulations, including frontage on a public street.
(2) 
At least the first 15 feet adjacent to any street right-of-way line and 10 feet adjacent to any lot line shall not be used for parking and shall be planted and maintained as lawn area, ground cover, or landscaped with evergreen shrubbery, and separated from the parking area by poured concrete or Belgian block curbing.
(3) 
No merchandise, products, shipping crates, pallets, waste or similar material or objects shall be displayed or stored outside, unless said materials are within an enclosure, approved by the appropriate review board, and awaiting disposal.
(4) 
On a lot with multiple buildings, 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 residential district or use, shall be suitably finished for aesthetic purposes, which shall not include unpainted or painted cinder block and/or masonry walls.
(5) 
All portions of the property not utilized by building or paved surfaces shall be landscaped, utilizing combinations such as landscaped fencing, shrubbery, lawn area, ground cover, rock formations, contours, existing foliage and the planting of conifers and/or deciduous trees native to the area in order to either maintain or reestablish the tone of the vegetation in the area and lessen the visual impact of the structures and paved areas. The established grades on any site shall be planned for both aesthetic and drainage purposes. The grading plan, drainage facilities and landscaping shall be coordinated to prevent erosion and silting, as well as assuring that the capacity of any natural or man-made drainage system is sufficient to handle the water generated and anticipated both from the site and contributing upstream areas.
(6) 
A minimum buffer area of 25 feet in width shall be provided along any common property line with a residential zone district or residential use.
(7) 
Minimum off-street parking shall be subject to the requirements of § 525-110.
(8) 
Minimum off-street loading shall be subject to the requirements of § 525-110B.
(9) 
Signage in the HC Zone shall be as required in § 525-121.
[1]
Editor's Note: This ordinance also repealed former § 525-84, Height restrictions and regulations. See now § 525-83C and D.
[Added 8-19-2013 by Ord. No. 2013-9]
A. 
Definitions. The definitions set forth at § 411-11 of the Code are hereby incorporated herein and adopted by reference as if set forth at length.
B. 
Architectural design standards. The architectural design standards set forth at § 411-12 of the Code are hereby incorporated herein and adopted by reference as if set forth at length.
[Added 12-12-1990 by Ord. No. 1990-29]
The following uses, and no others, of lands and buildings are permitted in MC Districts:
A. 
Principal uses permitted:
(1) 
Boat building.
(2) 
Marine sales and supplies.
(3) 
Repair, rental, sales and storage of boats.
(4) 
Marinas.
(5) 
Fishing piers.
(6) 
Boat docks.
(7) 
Boat launches.
(8) 
Executive, administrative and professional offices.
(9) 
Marine-related wholesaling and processing within a completely enclosed building.
(10) 
Public recreation and cultural uses.
(11) 
Public utility facilities.
[Added 8-18-1993 by Ord. No. 1993-12]
B. 
Accessory uses permitted:
(1) 
Residential flats (a residential dwelling unit situated on the second floor above permitted and nonresidential uses) in accordance with the following provisions:
(a) 
Residential flats shall be located only on the second floor of a building above permitted marine commercial uses on the first floor and shall occupy no more than 15% of the developable acreage.
(b) 
If the second floor of a building contains a residential flat, no nonresidential use shall be permitted on that floor.
(c) 
Each residential flat shall have access provided by an outside entrance or stairway.
(d) 
Each residential flat shall contain either one or two bedrooms and shall be no less than 750 square feet in size for a one-bedroom dwelling unit and 900 square feet in size for a two-bedroom dwelling unit.
(2) 
Restaurants, if they are combined with a permitted use and shall not occupy more than 25% of the developable acreage.
(3) 
Warehousing, storage and distribution facilities when located on the same premises as and in connection with permitted office uses; provided, however, that such facilities shall not exceed 50% of the total gross floor area of the structure(s).
(4) 
Marine services when said services are performed in conjunction with marine sales or supplies and provided that said services are clearly incidental to the principal use.
C. 
Conditional uses permitted:
(1) 
Multifamily housing with a percentage of the units set aside for low- and moderate-income qualified households in accordance with the following conditions: Multifamily housing shall only be permitted if approved central sanitary sewerage and water facilities are available.
(a) 
Projects in excess of 160 units on more than 50 contiguous acres. The gross density for multifamily units constructed on 50 contiguous acres or more shall not exceed six units per developable acre in accordance with the definition of "developable acre" in § 455-5 of the Township Code. Twenty percent of such multifamily units, or the maximum required by the State of New Jersey, shall be allocated for sale to low- and/or moderate-income households in accordance with the Fair Housing Act, N.J.S.A. 52:27D-301 and Chapter 145, Affordable Housing. For purposes herein, "contiguous land(s)" is intended to mean land(s) and/or parcels of land which are contiguous or adjacent, but need not be in the same Tax Map block and lot and which are owned and/or controlled by a single entity intending to develop an inclusionary development, including but not limited to parcels which are divided by a road or highway.
(b) 
Projects containing less than 160 units on less than 50 contiguous acres. The gross density for an inclusionary multifamily development on less than 50 contiguous acres may exceed six units per developable acre if more than 50% of the property, including wetlands, is to remain as permanent open space. In no event, however, shall the overall gross density exceed 160 dwelling units. Upon approval of the Planning Board, the developer set aside requirement for low- and moderate-income housing may be reduced from 20% to no less than 15% for projects that contain 160 units or less. In no event, however, shall the overall gross density, inclusive of developable and undevelopable lands, exceed 3.35 units per gross acre or have a low- and moderate-income housing set aside of less than 15%. The division between those units set aside shall be as follows:
[1] 
Low-income units: 50% of the total set-aside.
[2] 
Moderate-income units: 50% of the total set-aside.
(c) 
Multifamily developments, as a conditional use in the MC Districts, shall be in accordance with the multifamily regulations established in §§ 525-92 of this chapter.
[Added 12-12-1990 by Ord. No. 1990-29]
A. 
The lot area shall not be less than 5,000 square feet and the front yard having a depth of at least 25 feet from the street right-of-way on the street with primary site access.
B. 
Lot frontage shall be at least 35 feet.
C. 
To maximize the potential for design and open space, zero lot lines are permissible in side and rear yards, except that at least one side setback must equal 15 feet to provide access for emergency safety equipment and personnel, and the distance between buildings must be 20 feet.
D. 
Height requirements. No structure of any kind, except signs as otherwise provided, shall exceed 35 feet in height, but in no case shall a structure contain more than two stories unless the first story is utilized for parking, then in no case shall a structure contain more than 45 feet in height and no more than three stories.
E. 
Buffer areas shall be provided between all nonresidential land uses in the MC Districts and residential land use or residential zone districts. Buffer areas shall be a minimum of 15 feet wide. Buffer areas shall be designed, planted, graded and landscaped to provide an aesthetically pleasing separation of uses in accordance with buffer standards established for the R-2CL Districts.
[Added 12-12-1990 by Ord. No. 1990-29]
A. 
Parking beneath buildings or structures is encouraged.
B. 
Reverse parking for commercial business is encouraged.
C. 
Off-street parking or loading shall not be permitted within the first 15 feet of any front yard.
[Added 12-12-1990 by Ord. No. 1990-29]
A. 
No chain link fences shall be permitted within the MC Districts.
B. 
All fences shall maintain, as a minimum, 35% transparency, except fences specifically intended for screening.
C. 
Fences shall be not less than four nor more than seven feet in height unless a greater height is determined by the Planning Board as necessary to promote security or screening purposes.
[Amended 6-1-2015 by Ord. No. 2015-4]
[Added 12-12-1990 by Ord. No. 1990-29]
A. 
All signs.
(1) 
No sign shall be placed or maintained within the MC District except as herein provided.
(2) 
No sign (except an unlighted sign for lease, sale or rent of property and not exceeding 12 square feet in area; traffic and other regulatory signs, legal notices and the like) shall be placed without review and permit.
B. 
Types of signs prohibited. The following types of signs are specifically prohibited in the MC Districts:
(1) 
A sign or structure which directs attention to a business commodity, service, activity or entertainment not conducted or principally sold or offered upon the premises on which the sign is located.
(2) 
Signs attached to the vertical face of the building which extend upon the juncture of the facade and roof of the building.
(3) 
Signs attached to any portion of the roof.
(4) 
Signs employing flashing, rotating or blinking lights.
(5) 
Revolving signs or beacons, streamers, pennants and/or whirling devices.
(6) 
Portable signs of any type.
(7) 
Freestanding signs when located within the buildable area of a lot.
C. 
Informational regulatory signs. The following types of signs displayed for the direction, safety, convenience or information of the public are permitted:
(1) 
Signs of duly constituted governmental bodies, including traffic or similar regulatory signs, legal notices or other signs required to be maintained or posted by law or other regulation.
(2) 
Utility signs not over four square feet in area identifying parking area entrances and exits, off-street loading areas and the like.
(3) 
Memorial plats, cornerstones, historical markers and the like.
(4) 
Nameplates or address signs not to exceed two square feet.
(5) 
Temporary announcement signs, including contractor's signs on construction sites, not to exceed 32 square feet in area indicating the name of the persons associated with or events conducted upon the premises.
D. 
Business signs. Signs indicating the names of the businesses or services operating on the premises are permitted, provided that the total of such signs shall not exceed one square foot in total area for each linear foot of the greatest dimension of the structure up to a maximum of 100 square feet per principal structure.
E. 
Sale or rental signs. Signs advertising that the premises are for lease, sale or rent are permitted, provided that each real estate firm shall be limited to one such sign not to exceed 12 square feet in area on each lot or parcel of property for which such firm has a bona fide listing and that such sign shall be removed from the premises within 10 days subsequent to the leasing, sale or rental of such premises.
F. 
Development signs. One company sign not to exceed 50 square feet in area may be affixed to each lot or parcel of property to designate that such property is to be occupied at a future date by the business or use designated.
[Added 12-12-1990 by Ord. No. 1990-29]
The developer or property owner shall abide by the following supplemental design considerations:
A. 
One building may contain more than one use, provided that the total building coverage of the combined use does not exceed the maximum building coverage specified for the district.
B. 
Material or equipment stored outside shall be screened from view by means of a fence and/or landscaping.
C. 
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 residential district line shall be suitably finished for aesthetic purposes, which shall not include unpainted or painted cinder block or concrete block walls.
D. 
All portions of the property not utilized by buildings or paved surfaces shall be landscaped utilizing combinations such as landscaped fencing, shrubbery, lawn area, ground cover, rock formations, contours, existing foliage and the planting of conifers and/or deciduous trees native to the area in order to either maintain or reestablish the tone of the vegetation in the area and less individual impact of the structures and paved areas.
E. 
The developer or property owner shall provide the maximum amount of highly improved public access, because commercial land uses are capable of exposing large numbers of people to the waterfront and benefit the most from well-designed and improved public access areas.
F. 
The developer or property owner shall provide the maximum amount of waterfront access, unless the overall project design would be improved by reverse orientation inland, and shall provide for continuous access through the site and provide public areas that are large enough so as not to interfere with commercial operations.
G. 
The developer or property owner shall take advantage of the waterfront setting by relating the development to the waterfront and shall locate uses that do not relate to the waterfront well back from the shoreline to minimize adverse impacts.
H. 
The developer or property owner shall provide public access improvements, such as parking, paved walkways, benches, kiosks, trash containers, landscaping, lighting, rest rooms and drinking fountains where the cost of the improvements are reasonably related to the private benefits of the shoreline use.
I. 
The developer or property owner shall provide the greatest amount of improved or natural public access to and along the waterfront shoreline.
J. 
The developer or property owner shall create variety and public access experience by providing pedestrians spaces or nodes, especially in marina projects which are often linear in nature, and shall provide public access for fishing on piers and breakwaters.
K. 
The developer or property owner shall provide public boat-launching ramps.
L. 
The developer or property owner shall set uses that do not relate to the waterfront, including offices and parking, well back from the shoreline and shall provide maximum access along the shoreline and screen the shoreline from incompatible uses.
M. 
The developer or property owner shall provide improvements, including landscaping, benches and paving, that are appropriate for the anticipated demand, size and location of the project.
[Added 12-12-1990 by Ord. No. 1990-29]
All applications for marinas shall present marina operating plans in accordance with the following:
A. 
Siting.
(1) 
The site should require minimal dredging, both initial and maintenance.
(2) 
The site should have a total flushing time of less than four days. Two or less is preferred. Sites located in dead-end finger channels shall be carefully scrutinized to ensure acceptable flushing rates.
(3) 
The site should be located with safe, convenient access to cruising waters. Winding channels, hazardous routes and long traveled distances to water-use areas are discouraged.
(4) 
The site must have adequate land access for autos, trucks, trailers and fire-fighting equipment.
(5) 
The site must have access to centralized water and sewer conveyancing facilities.
(6) 
The boundaries of the site should be at least 1,000 feet from shellfish harvesting areas (until further modified by the Department of Environmental Protection's Marina Impact Study).
(7) 
Wet-slip marinas shall not be constructed nor expanded in Category One waters.
B. 
Design.
(1) 
The following guidelines should be followed to promote water quality in the marina basin:
(a) 
Basin depths must never exceed the depths of access channels nor the open water to which the basin connects.
(b) 
Deep-draft slips shall be constructed in naturally deep portions of the site in order to minimize the need for dredging.
(c) 
Floating water breakers are preferred in low-energy areas (where wave lengths are less than twice the width of the breakwater).
(d) 
Sharp angles are to be avoided; corners should be gently rounded, never square.
(e) 
Basin depths should uniformly deepen toward the exit and waterway outside the basin.
(f) 
Entrance channels should not be located on corners.
(g) 
Where possible, entrance channels should be oriented in the direction of the prevailing winds to promote wind-driven circulation.
(h) 
Enclosed basins should include openings at opposite ends to promote circulation.
(i) 
Slips should be oriented parallel to currents, never broadside; this promotes circulation and reduces the load on the pier structure.
(j) 
Fuel pumps shall include back pressure cutoff valves. Main cutoff valves shall be available both at the dock and in the upland area of the marina.
(2) 
Sloping riprap bulkheads are preferred over solid vertical structures as they better dissipate wave energy and provide a more diverse habitat for marine organisms.
(3) 
To avoid standing waves, bulkheads shall never be parallel to one another.
(4) 
To minimize the impact on the photic zone, dock and pier widths should be minimized. In addition, the structures should stand as high above mean high water as possible and should be oriented north-south to the maximum extent practicable.
(5) 
Slip parking should be located as close as reasonably possible to marina areas.
(6) 
For safety reasons, the usable width of the entrance channel should be at least four times the beam of the widest expected vessel, or a minimum of 19 meters.
(7) 
The marina shall provide, as a minimum, one pumpout station (fixed or portable) for every 20 slips. Marinas which allow occupation of berthed vessels for a period of 72 hours or more shall provide slip-side pumpout facilities. Pumpout facilities shall be designed with holding tanks in order to prevent inputs into both septic and sanitary waste systems. (MSD disinfectants disrupt the functioning of these systems.)
(8) 
The marina shall provide abundant trash receptacles along with adequate fish cleaning areas, including separate and well-marked dispensers for organic refuse.
(9) 
Ample parking facilities shall be provided, with a minimum of 0.6 space per slip. The number will range from 0.6 to 2.5 spaces per slip, depending on the nature of the marina.
(10) 
The design should include an aesthetically pleasing landscape plan.
(11) 
Maintenance areas shall be screened by proper landscaping and shall include techniques which will prevent materials from reaching the water body.
(12) 
The fueling facility shall be designed to accommodate four of the largest expected vessels.
(13) 
For safety purposes, the turning basin should be at least 2.25 times the length of the longest expected vessel.
(14) 
Rest rooms.
(a) 
Marinas shall provide rest rooms according to the following schedule:
[1] 
Small marina, up to 40 boats.
[a] 
Men: one toilet stall, one urinal and one washbasin.
[b] 
Women: two toilet stalls and one washbasin.
[2] 
Medium marina, 40 to 80 boats.
[a] 
Men: two urinals, one toilet stall, two shower stalls and two washbasins.
[b] 
Women: three toilet stalls, two washbasins and two shower stalls.
[3] 
Large marina, over 80 boats. Add one urinal per 30 boats (men), one toilet stall per 60 boats (men), one toilet stall per 30 boats (women), one washbasin per 60 boats and one shower stall per 60 boats.
(b) 
Rest rooms shall provide both hot and cold water and shall be maintained in a sanitary, warm, dry, brightly lit and well-ventilated condition.
(15) 
For safety, comfort and to avoid interference with commercial boating activities, marinas shall be designed such that wave heights do not exceed two to four feet in the entrance channel and one to 1.5 feet in the berthing area. Such a design will assume four-foot external wave conditions.
(16) 
The marina shall develop and implement a recycling plan for solid waste. This shall include separate receptacles for aluminum; brown, green and clear glass; newspaper and plastic.
C. 
Construction.
(1) 
Only high grade, slow-leaching wood preservatives shall be used on piling and other dock/pier woods.
(2) 
Dredging shall be scheduled around critical life stages of marina organisms.
(3) 
Dredging shall take place during cooler months when the dissolved oxygen levels are naturally high.
(4) 
Erosion and sediment controls shall be in place prior to construction.
(5) 
Where appropriate (currents under 1.5 knots), sediment curtains shall be used during dredging.
(6) 
Clean dredge spoil with adequate grain size shall be used for beach nourishment.
(7) 
Pumpout facilities shall be designed to store the effluent until a certified hauler can remove it; disposal antiseptic systems or municipal sanitary sewer lines can disrupt the water purification process due to the disinfectants used in conjunction with MSDs.
(8) 
Applicants shall submit a dredge spoil plan identifying plans for dredge disposal.
D. 
Operation.
(1) 
The marina shall have available adequate floating containment booms and sorbent materials in the event of hydrocarbon spills. Employees shall be trained in the deployment and proper usage of such equipment.
(2) 
Operators shall take immediate action in the event of a spill, including boom deployment and spreading sorbent materials.
(3) 
The dumping of porta-potties, pumpout effluents or holding tanks into septic systems is prohibited.
(4) 
Waste receptacles shall be emptied daily.
(5) 
Boat maintenance shall be undertaken as far from the water as practical.
(6) 
"No Discharge" signs shall be posted throughout the marina basin.
[Added 12-12-1990 by Ord. No. 1990-29]
A. 
The density for multifamily housing is six units per adjusted gross acre as defined for "density" in § 455-5. A bonus density credit for multifamily housing of up to 50% of undevelopable wetlands on the site may be permitted for public access on-site or off-site in accordance with a Township open space and waterfront public access plan.
B. 
Tables of dimensional requirements by multifamily dwelling type area as follows:
(1) 
Duplex:
(a) 
Lot area minimum: 4,500 square feet.
(b) 
Lot area average: 5,000 square feet.
(c) 
Parking, off-street: two spaces.
(d) 
Minimum lot width at building setback: 45 feet.
(e) 
General:
[Amended 8-18-1993 by Ord. No. 1993-13]
[1] 
Building setback line: 30 feet.
[2] 
Minimum side yard: 10 feet.
(2) 
Townhouse:
[Amended 8-18-1993 by Ord. No. 1993-13]
(a) 
Lot area minimum: 1,300 square feet, where provided. (Note: Lots are not mandatory in a condominium regime.)
(b) 
Parking, off-street: two spaces.
(c) 
Minimum lot width at building setback line: 16 feet.
(d) 
Minimum building setbacks:
[1] 
Street: 20 feet.
[2] 
Parking loop: 20 feet.
[3] 
Parking area: 20 feet.
[4] 
Pedestrian walk: 15 feet.
[5] 
Minimum building spacing: 30 feet.
(3) 
Multiplex:
(a) 
Lot area minimum: 2,500 square feet.
(b) 
Lot area average: 2,800 square feet.
(c) 
Parking, off-street: two spaces.
(d) 
General:
[1] 
Maximum impervious surface ratio (on lot): 0.30.
[2] 
Minimum building setback line:
[a] 
Roads: 30 feet.
[b] 
Parking areas: 20 feet.
[3] 
Minimum building spacing: 24 feet.
[4] 
Minimum lot area (for building): 8,000 square feet.
[5] 
Minimum lot width (for handling) at setback line: 80 feet.
[6] 
Minimum height: three stories, but not to exceed 40 feet.
(4) 
Condominiums:
(a) 
Size, area and parking:
Type of Unit
Average Unit Size
(square feet)
Minimum Lot Area Per Dwelling Unit Spaces
(square feet)
Off-Street
Parking
Efficiency
500
1,300
1.50
1 bedroom
655
1,750
1.75
2 bedrooms
950
2,000
1.75
3 bedrooms
1,125
2,250
2.00
4 bedrooms
1,330
2,550
2.25
(b) 
General:
[1] 
Minimum impervious surface ratio (on lot): 0.50.
[2] 
Maximum floor area ratio (on lot): 0.45.
[3] 
Minimum lot size: one acre.
[4] 
Minimum building setback line:
[a] 
Street: 35 feet.
[b] 
Parking: 15 feet.
[5] 
Maximum number of units per building: 24 dwelling units.
[6] 
Building spacing: 50 feet (averaged).
[7] 
Minimum street frontage: 100 feet.
[8] 
Maximum building height: three stories, but not to exceed 40 feet.
[Added 12-12-1990 by Ord. No. 1990-29]
Area restrictions and regulations for attached housing accessory uses shall be as follows:
A. 
Minimum distance to side line: 10 feet.
B. 
Minimum distance to rear line: 10 feet.
C. 
Minimum distance to other building: five feet.
[Added 12-12-1990 by Ord. No. 1990-29]
A. 
All land use shall be set back a minimum of 100 feet from the Delaware River as measured from the mean high-water line.
B. 
Buffer areas.
(1) 
Buffer areas shall be provided between all residential land uses and nonresidential land use or nonresidential zone districts. Buffer areas shall be a minimum of 15 feet wide in the MC Districts, half of which may count as required yard setbacks. Buffer areas shall be increased to 25 feet for residential land use adjacent to Broad Street. Buffer shall be designed, planted, graded and landscaped to provide an aesthetically pleasing separation of uses. In meeting this standard, the applicant may employ one or more of the following:
(a) 
Fencing or wall screening in landscaped areas.
(b) 
Evergreen tree or shrubbery screening in a landscaped area.
(c) 
A landscaped berm having a minimum height of six feet with 3.1 side slopes.
(2) 
If, in the judgment of the approving authority, any of these alternate provisions will not provide sufficient buffers for the portion of the site proposed, the approving authority may require the development plan to be modified to show the extension of the buffer area, require that the proposed alternatives be landscaped differently or be relocated until, in the approving authority's judgment, they provide the desired buffeting effect.
C. 
Buffer material and natural foliage. All buffer areas shall be planted and maintained with either grass or ground cover, together with a screen of live shrubs or scattered planting of live trees, shrubs or other plant material. The preservation of all natural wooded tracts shall be an integral part of all development plans and may be calculated as part of the required buffer area, provided that the growth is of a density and the area has sufficient width to serve the purpose of a buffer. Additional plantings may be required by the approving authority to establish an appropriate tone for an effective buffer.
D. 
Screening.
(1) 
Screening shall be provided with buffer strips or as required elsewhere in this chapter so as to provide a year round view or partial acoustical barrier to conceal the view or sounds of various utilitarian operations and uses from the street or adjacent properties.
(2) 
Screening shall be so placed that at maturity it will not be closer than three feet to any street or property line.
(3) 
All plants for screening shall be of a species common to the area, be of balled and burlapped nursery stock and be free of insects and disease. Plants which do not live shall be replaced within two years or two growing seasons. Buffered screen plantings shall be broken at points of vehicular and pedestrian ingress and egress to assure a clear sight triangle at all street and driveway intersections.
(4) 
Screening shall consist of the following materials:
(a) 
Solid masonry: a solid masonry wall not more than six feet above ground level.
[Amended 6-1-2015 by Ord. No. 2015-4]
(b) 
Solid fencing: a solid fencing, uniformly painted or of a natural durable material such as cedar, cypress or redwood, not more than seven feet above ground level and open to the ground to a height of not more than four inches above ground level.
[Amended 6-1-2015 by Ord. No. 2015-4]
(c) 
Shrubbery:
[1] 
Low-type shrubbery screening may be used in and around parking areas, roadway or accessways where sight distances for vehicular and pedestrian traffic are a prime consideration. Shrubbery shall be a minimum of three feet high when planted and be of such density as will obscure, throughout the full course of the year, the glare of automobile headlights emitted from the premises.
[2] 
All other shrubbery for screening shall be a minimum of five feet high at the time of planting.
[3] 
Dense hedges of shrubbery planted at a maximum of 30 inches on center may be used.
(d) 
Trees. Trees for screening shall be evergreens having a minimum height of eight feet above the ground when planted. Trees shall be placed five feet on centers in a single row, or five feet on centers in two or more staggered rows with a five-foot separation between rows. Evergreens may be supplemented with deciduous trees having a minimum eight-foot height at time of planting with a minimum caliper of 1 1/2 inches.
E. 
The development plan should be broken into visually small groupings such as quadrangles, clusters and courts. Devices to slow speed and reduce the size of each visual grouping, such as garden walls and gates, reduction in setbacks of facing buildings and variable landscape layout, are encouraged.
F. 
No more than five freestanding dwelling units should be placed in a row with the same setback from a straight street line.
G. 
Each detached dwelling unit and combined multiple dwelling complex of dwelling units shall have a compatible architectural theme with variations in design to provide attractiveness to the development, which shall include consideration of landscaping techniques, building orientation to the site and to other structures, topography, natural features, including the waterfront and individual dwelling unit design, such as varying unit widths staggering unit setbacks providing different exterior materials, changing rooflines and roof designs, altering building heights and changing types of windows, shutters, doors, porches, colors and vertical or horizontal orientation of the facades, singularly or in combination of each dwelling unit.
H. 
Multifamily dwelling units should be grouped in clusters. Private parking areas should be located near dwelling unit entrances. Any outdoor living areas or patios should adjoin open space or paths leading to open space. Dwelling units should not front on a through street. Screening of such outdoor living areas may be accomplished with plant materials, masonry structures or wood fencing. Architectural elements such as masonry walls and fences shall be compatible in both style and materials with the dwelling unit of which it is part.
I. 
For multifamily dwelling units there shall be provided at least one outdoor refuse storage area of at least 100 square feet for each 20 dwelling units. The refuse storage area shall be suitably located and arranged for access and ease of collection and shall not be part of, restrict or occupy any parking aisle and shall not be located further than 300 feet from the entrance to any multifamily unit which it is intended to serve and shall be screened.
J. 
Required single-family detached front yard setbacks may be reduced to 15 feet if a picket fence and/or low wall is provided or front porches are provided.
K. 
Where private garages are provided, constructed either as part of a dwelling unit or on individual lots, the following guidelines shall be followed:
(1) 
All garages shall conform architecturally to and be of similar materials as the principal building.
(2) 
A garage need not set back from one side line of an individual lot and may be attached to a garage on an adjacent individual lot.
(3) 
No garage which is not attached to or part of a dwelling unit on the same individual lot should be closer than 20 feet to said dwelling unit.
(4) 
Where common garage structures are considered, they shall be provided in clusters housing no more than four cars. They should be located so as to provide as short a walk as practicable to the principal residence.
(5) 
Alleyways with rear-loaded garages shall be permitted. Alleyways may be in a twenty-foot easement, with 15 feet of pavement, no curbs and limited to one-way traffic.
(6) 
Enclosed private garages that may be readily transformed into livable areas may be counted as 1/2 of an off-street parking space. Driveways, carports or other partially enclosed parking areas may be counted as one off-street space for each.
[Amended 8-18-1993 by Ord. No. 1993-13]
L. 
Special purpose streets.
[Added 8-18-1993 by Ord. No. 1993-13]
(1) 
Communities or parts thereof that generate fewer than 1,000 average daily trips (ADT), as calculated through the use of the chart below, may be accessed through a residential street type defined as a "parking loop." Such streets shall be private streets with perpendicular parking and shall be geometrically designed to discourage speeds in excess of 25 miles per hour. Cartway width shall be a minimum of 24 feet, and parking spaces shall be a minimum of nine feet by 18 feet. Tangents shall not be required between reverse curves due to the low design speed.
Residential Type
Trips per
Dwelling Unit
(ADT)
Single-family detached
10.0
Townhouse duplex
6.6
Garden apartment
4.0
Age-restricted dwelling
3.3
[Added 12-12-1990 by Ord. No. 1990-29]
A. 
Open space areas resulting from development in the MC Districts shall weave between dwelling units generally respecting a minimum width of 50 feet and periodically widening out into significant and usable recreation areas. The configuration of the open space areas should be arranged so that connections can be made to existing or future adjacent open spaces and other community facilities.
B. 
The developer may be required to plant trees or other similar landscaping improvements. Said improvements may include removal of dead or diseased growth, thinning of trees or other growth to encourage more desirable growth, removal of trees in areas planned for active recreational facilities, grading and seeding and improvements or protection of the natural drainage system by the use of protective structures, stabilization measures and similar improvements.
C. 
Portions of the open space should be developed to afford both passive and active recreational opportunities. Passive recreational activities may include but are not limited to pedestrian paths, sitting areas and naturally preserved areas. Active recreational areas may include but are not limited to such facilities as swimming pools, tennis courts, bicycle paths and playfields but should be carefully located to avoid problems of noise, lights and similar nuisance elements affecting residential units. They shall be located not less than 50 feet from any boundary line, exclusive of buffers.
D. 
Every parcel so set aside shall be conveyed by deed at the time final plat approval is granted and the plat is recorded in accordance with the Map Filing Law.[1]
[1]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
E. 
The land to be set aside may be offered to the Township Committee for acceptance. Land offered for dedication but not accepted by the Township Committee may be transferred to a homeowners' association or similar organization in accordance with N.J.S.A. 40:55D-43.
F. 
Any open space offered to the Township Committee shall be subject to review by the Planning Board, which 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 topography, soils, wetlands and tree cover, as these features may enhance or detract from the intended use of the lands. The Planning Board may request an opinion from other public agencies or individuals as to the advisability of accepting any lands to be offered.
[Added 12-12-1990 by Ord. No. 1990-29]
A. 
All residential buildings shall be oriented to the tract and other buildings so as to preserve open vistas to the Delaware River to take advantage of the waterfront setting, to the maximum extent feasible, by clustering with orientation of the project to the waterfront and otherwise providing the residents and public with remainders of the proximity of the waterfront.
B. 
Unobtrusive paths shall be provided that respect the residents' privacy to or along the shoreline to encourage passive public use, where appropriate, as part of individual residences.
C. 
Subject to the jurisdictional requirements of other governmental agencies, the project should be developed with all-weather paths, landscaping and other improvements that are appropriate for the anticipated demand, size and location of the project. The public access system should provide continuous access along the shoreline, with connection to other public areas or streets. Public parking should be provided if none exists in the area.
[Amended 8-18-1993 by Ord. No. 1993-13]
D. 
Elevation changes, planting, fences and signs shall be used to clearly differentiate the public access areas from the private residential areas.
[Added 12-22-1980 by Ord. No. 1980-22; amended 11-10-1986 by Ord. No. 1986-22; 8-19-1992 by Ord. No. 1992-14; 2-20-2002 by Ord. No. 2002-1]
The following uses subject to the specifications and standards set forth below are hereby permitted, subject to approval by the Planning Board, or the Zoning Board of Adjustment where provided by law, as conditional uses:
A. 
Fast-food/drive-through restaurants in commercial districts and business development districts, subject to the following conditions, standards and specifications:
(1) 
A "fast-food/drive-through" restaurant is hereby defined as a commercial establishment where food and drink are prepared on the premises for consumption within the restaurant, in the purchaser's vehicle or off the premises. Any restaurant established with a drive-through window shall be considered a fast-food/drive-through restaurant.
(2) 
A traffic impact study prepared by a licensed professional engineer shall be submitted by an applicant for a proposed fast-food/drive-through restaurant or a conversion of an existing facility into a fast-food/drive-through restaurant. The traffic impact study shall include, but not be limited to, estimates of the amount of vehicles to be utilizing the drive-through facility and the impact of the same on traffic patterns on the abutting highway and/or road, whichever the case may be.
(3) 
Site design shall provide for adequate, safe and efficient parking and circulation. The following design criteria shall be considered for all fast-food/drive-through restaurant sites:
(a) 
Adequate vehicle stacking space shall be provided throughout the drive through aisle. As a minimum, five vehicle spaces shall be provided between the drive through pickup window and the menu board, and an additional five vehicle spaces shall be provided approaching the menu board.
(b) 
A bypass lane shall be provided adjacent to the drive-through lane to permit vehicles to exit the drive-through aisle at any point prior to the pickup window.
(c) 
Vehicle stacking areas shall in no way interfere with vehicle or pedestrian circulation patterns. The drive-through aisles shall be physically separated from the remainder of site traffic and shall be compatible with the orientation of traffic flow within the site.
(d) 
Adequate sight distance for safety purposes shall be provided both on- and off-site with regard to all vehicle operations and maneuvers.
(e) 
All access to and from fast food/drive-through facilities shall be via major state or county highways or local public streets or other minor roadways not located in residential zones. No access shall be permitted from minor residential streets or other minor roadways in residential zones.
[Amended 6-1-2015 by Ord. No. 2015-4]
(f) 
Configuration of the drive through aisle shall be adequate to accommodate vehicle operations through the driveway aisle and parking areas.
(g) 
The location of trash receptacle enclosures shall not conflict with loading areas, drive-through aisles, circulations or parking areas.
(h) 
The menu board shall be equipped with a speaker box for placing orders.
(4) 
A minimum setback/buffer of 20 feet shall be provided along the property line on the side of the building with the drive-through/pickup window. The buffer shall be heavily planted with appropriate evergreen trees and shrubs to provide a visual and noise barrier between the drive-through restaurant and adjacent properties. The buffer distance shall be measured from the property line to the nearest edge of paving of the drive-through or escape aisle. This buffer may be waived by the Planning Board where a hardship due to site constraints is evident. However, a suitable fence and extra plantings shall be provided to compensate for the loss of the buffer area. This requirement shall be used in conjunction with the requirements contained in § 525-67, which addresses lots abutting residential zones.
(5) 
Fast food/drive-through structures, including a drive-through order podium or similar device, but not including fences or other screening, shall not be developed within 100 feet of any residential structure. In the event such a facility is developed between 100 and 200 feet of any residential structure, landscape buffering and a solid barrier shall be provided at the property line closest to the residential structure designed to mitigate visual and aural impacts to the residential dwelling. The barrier shall be consistent with site architecture and given a pleasing aesthetic design. The applicant shall provide a noise study demonstrating that the noise emanating from the site of the facility will be at all times in compliance with New Jersey Department of Environmental Protection noise regulations.
[Amended 6-1-2015 by Ord. No. 2015-4]
B. 
Design standards for golf course/club/country club. All of these standards may not be achievable on every site plan; for this reason, each application shall be carefully considered on its merits and waivers may be granted where appropriate.
[Added 2-15-2010 by Ord. No. 2010-2]
(1) 
The design, operation and maintenance of a golf course shall be governed by the USGA's Environmental Principles for Golf Courses in the United States. The golf course shall be designed so as to be eligible to receive a USGA course rating and slope rating as defined in the USGA Handicap System. Putting greens shall be constructed following the USGA's Recommendation for a Method of Putting Green Construction or by another method approved by the Land Use Board.
(2) 
Disturbance of wooded areas. Where a golf course is proposed in an area of mature forest, no more than 25% of the mature trees may be removed.
(3) 
Setback requirements.
(a) 
The minimum spacing between a fairway, green, or tee and any lot line shall be 100 feet.
(b) 
The minimum spacing between any permitted accessory structure to a golf course and any lot line shall be 150 feet.
(c) 
The minimum spacing between a building and a natural watercourse shall be 100 feet.
(4) 
The maximum height of any structure shall be 35 feet.
(5) 
The floor area ratio for all structures on a single lot shall not exceed 0.01.
(6) 
Lot frontage.
(a) 
A golf course is required to provide at least two safe and efficient access and egress points from one or more public roads. One of the two accesses may be provided only for emergency access. The two means of access and egress shall be connected internally, and the curb cuts shall be spaced at least 200 feet apart. A golf course should be located in reasonable proximity to a county road.
(b) 
Where a lot abuts an existing public street, the minimum lot frontage shall be 50 feet.
(7) 
Deed restrictions. Site plans shall be required to provide appropriate deed restrictions. The legal instrument shall be drafted in general accordance with the recommendations and language contained in Appendix 4 of this chapter.[1]
(a) 
Conservation easements shall be required for all waterways, wetland areas and required transition areas.
(b) 
Critical areas outside the area of disturbance shall contain conservation easements. These critical areas shall include slopes in excess of 35%, floodplains and open water bodies.
(c) 
All site plans shall contain a reference to any required conservation easement.
[1]
Editor's Note: Appendix 4 is on file in the office of the Township Clerk.
(8) 
Landscaping.
(a) 
Existing vegetation shall be preserved in areas where disturbance is not necessary.
(b) 
Where landscaping is proposed, native species only shall be utilized in the design.
(c) 
Where structures are located in woodlands, a treed area of at least 30 feet between structures and the roadway shall be retained.
(9) 
Lighting.
(a) 
The intent of lighting is to ensure that it contributes to the character and safety of the site and its use without disturbing adjacent development. Lighting shall be provided within parking lots and along pedestrian walkways. Lighting fixtures shall be limited to heights of 24 feet for parking lots and 16 feet for pedestrian walkways. All lighting shall be shielded from producing off-site glare, either through exterior shields or through optical design inside the fixture, so that the direction of the light is downward. Light fixtures attached to the exterior of a building shall be designed to be architecturally compatible with the style, materials, colors and details of such building and other lighting fixtures used on the site. Consideration shall also be given to the type of light source utilized and the light quality such produces. Neon facade signs are prohibited. The type of light source used on buildings, signs, parking areas, pedestrian walkways and other areas of a site shall be the same or compatible. The use of low-pressure sodium or mercury vapor lighting either attached to buildings or to light the exterior of buildings shall be prohibited.
(b) 
Parking lots shall be adequately lighted for both motorists and pedestrians.
(c) 
Any other outdoor lighting such as building and sidewalk illumination, driveways with no adjacent parking, the lighting of signs and ornamental lighting shall be shown on the lighting plan in sufficient detail to allow a determination of the effects upon adjacent properties, traffic safety and overhead sky glow. The objectives of these specifications are to minimize undesirable off-premises effects.
(d) 
No light shall shine into building windows, or onto streets and driveways so as to interfere with or distract driver vision. To achieve these requirements, the intensity of such light sources, the light shielding and similar characteristics shall be subject to site plan approval. Wall-mounted fixtures are only permitted if directed into a site and not positioned towards neighboring properties or public streets.
(10) 
Concrete engineered structures. In any development, some engineered structures are necessary for access and drainage. In order to accommodate the installation of infrastructure while reducing its impact, the following standards shall apply:
(a) 
Visible structures such as curbing, culverts, walls and outlet structures shall not be stark white.
(b) 
The use of dyed and textured concrete as well as the use of other natural materials is required to minimize the visual impact of these structures. Such concrete shall be of natural earth colors in the range of grays to browns.
(11) 
Guardrails. Guardrails shall be constructed of wood. They will be required with side slopes steeper than three to one (3:1) and depths greater than nine feet.
(12) 
One illuminated sign not exceeding 18 square feet shall be permitted; except that illuminated directional and traffic signs are permitted within the golf course, provided that they are screened from the road and residential properties and not greater than two square feet.
(13) 
There shall be four parking spaces per hole and five spaces per 1,000 square feet of gross floor area. All parking spaces can be satisfied using grass paver blocks or similar semi-impervious building material. Parking areas shall be screened from view of all residential property and roads.
(14) 
All interior roads and travel lanes shall be designed so as not to create a dust nuisance onto adjacent property. The Planning Board may require interior roads and travel lanes to be paved to prevent dust nuisances on adjacent properties.
(15) 
Parking areas and buildings shall be screened from view of residential properties and roads to the extent practical, except that a gatehouse may be visible from the road of a golf course.
(16) 
Water quality protection.
(a) 
The golf course shall be designed using grasses and other plants that minimize, to the extent practical, the use of pesticides, fertilizers and water.
(b) 
A golf course shall have a suitable wash area for the cleaning of lawn mowers and equipment. The wash area shall be at least 100 feet from any natural watercourse.
(c) 
No pesticide, herbicide, or fertilizer shall be utilized within 100 feet of any natural watercourse.
(17) 
A golf course shall comply with all federal, state, county and local environmental and health regulations.
(18) 
The conservation of water should be encouraged. The use of surface water, captured rainwater and recycled water is encouraged for irrigation purposes.
(19) 
Assurances shall be provided that any adverse impacts on groundwater or surface water quality resulting from the golf course will be mitigated by the owner. The applicant shall provide for the monitoring of water quality of the groundwater and surface water resources associated with the golf course. The monitoring program, including the timing and frequency of testing and the identification of chemical parameters to be tested, shall be established by the approving authority at the time the integrated turf management plan and integrated pesticide and pest management plan are approved as part of the conditional use application. The monitoring program shall be consistent with the guidelines established for monitoring plans by the New Jersey Department of Environmental Protection (NJDEP), Bureau of Water Quality Analysis. The results and finding of any water quality monitoring shall be submitted by the owner to the Township for monitoring purposes.
(20) 
The golf course shall make provisions for the travel and habitation of wildlife and shall provide for wildlife corridors and other wildlife utilization as may be accommodated by the site. Where appropriate wildlife habitat exists, the golf course shall be encouraged to register with the Audubon Cooperative Sanctuary Program.
Any nonconforming use or structure existing on the effective date of this chapter may be continued upon the lot or in the building so occupied, and any such structure may be restored or repaired in the event of partial destruction thereof.[1]
[1]
Editor's Note: Provisions on conversion of large dwellings, which previously preceded this section, were repealed 3-9-1982 by Ord. No. 1982-2.
With the approval of the Board of Adjustment and subject to such conditions as it may impose, a building for a permitted use may be erected on a lot which, by reason of its limited area, odd or irregular shape or other exceptional characteristics, could not be used as a site for the proposed building in strict conformity with the restrictions and regulations established by this chapter; provided, however, that such exceptional characteristics were in existence on the date when this chapter went into effect.
No lot on which a building is located, whether erected before or after the effective date of this chapter, shall be reduced in area, or the boundaries thereof changed, so that the premises thereafter would not comply with the area restrictions and regulations established by this chapter.
Every accessory building, except an accessory building constructed as an integral part of a main building, shall be located on the lot to the rear of the front line or extended front line of the main building, and no accessory building shall be located in or encroach upon any required yard, except that a detached accessory building may be located on the rear yard of the lot but not within three feet of any property line, and except that a detached common or joint garage may be erected on adjoining lots. No accessory building shall be located in any required side yard.
[Added 12-21-2000 by Ord. No. 2000-14]
A. 
A zoning permit shall be required for garden-type utility sheds and similar accessory structures, which are 100 square feet or less in area, 10 feet or less in height and accessory to residential uses.
B. 
The fee for a zoning permit issued under Subsection A above shall be as set forth in Chapter 265, Fees.
C. 
Notwithstanding the foregoing, temporary carports, car tents, vehicle canopies, portable garages and other similar structures used for storage are expressly prohibited as further defined in § 525-105.
[Added 3-15-2010 by Ord. No. 2010-6]
[Added 12-8-1985 by Ord. No. 1985-15]
A. 
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
SATELLITE ANTENNA
An apparatus, such as a parabolic dish, which is designed for the purpose of receiving satellite television, radio, microwave, antenna or similar signals. This does not include the traditional and conventional television antennas.
B. 
Accessory buildings. All satellite antennas shall be deemed accessory buildings as said term is defined in the development regulations of the Township of Cinnaminson and shall be subject to all regulations set forth in said development regulations governing the location of accessory buildings. Every satellite antenna shall be screened with evergreens having an initial height of five feet and having a vertical growth pattern and planted on all sides, at a maximum of five-foot intervals. A satellite antenna is not permitted in the front yard or side yard of any principal structure as defined in this chapter. No lot may contain more than one satellite antenna. No satellite antenna may exceed 12 feet in height, said height to be measured from the ground to the top of the satellite antenna. No satellite antenna shall be placed on a roof. While satellite antennas are permitted to be located in a rear yard, no part of said satellite antenna shall be located within 10 feet of the property line.
[Added 5-10-1989 by Ord. No. 1989-11; amended 10-18-2000 by Ord. No. 2000-11]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
TRAILER
Includes not only tractor-trailers pulled or capable of being pulled by tractors or trucks but also fully enclosed truck bodies, whether or not self-propelled, campers and other type mobile containers or containers intended and/or capable of being hauled, including boxcar-type truck bodies or box-type truck-trailers.
B. 
Prohibited activity. No person shall use or locate a trailer for the permanent or temporary storage of goods, wares or merchandise or for use as an office or commercial or industrial purpose on any property in the Township.
C. 
Exceptions. The provisions of this section shall not apply to:
(1) 
Trailers temporarily parked on property for delivery, pickup and unloading purpose in the normal course of business (not to exceed a period of five days).
(2) 
New and used trailers marketed to be sold in a licensed and regulated trailer sales facility.
(3) 
Construction trailers temporarily located on development and construction sites while development and construction is in progress. The location of construction trailers shall be approved by the Planning Board or Board of Adjustment during the development's subdivision and/or site plan review.
(4) 
Trailers used for the housing or disposal of recyclable materials under the management and control of the municipality pursuant to its recycling program.
D. 
Penalties. Any person or corporation violating or refusing or neglecting to comply with any provision of this section shall, upon conviction, be subject to a fine of $100. Each day of continued violation of this section shall constitute a separate violation. The Township, upon authorization from the Township Committee, may also seek injunctive or other relief in the courts of this State for continued violation of this section in addition to the penalties described herein.
[Amended 3-15-2010 by Ord. No. 2010-6]
No garage accessory to a dwelling (other than a multiple dwelling) shall be greater than 864 square feet, with a maximum height of 17 feet. The accessory garage shall hold no more than three motor vehicles, one of which may be a commercial passenger vehicle owned and used by the occupant of the main building, who may also permit not more than two private passenger vehicles owned by other persons to be stored in such accessory garage. Garages accessory to multiple dwellings and other main buildings (except single-story detached dwellings) may have such capacity for the storage of motor vehicles as may be authorized by the Planning Board with due regard to the nature of the main building, the reasonable need for accessory garage facilities and the space available for the location of an accessory garage on the lot in conformity with the requirements of this chapter. Notwithstanding the foregoing, temporary carports, car tents, vehicle canopies, portable garages and other similar structures used for storage are expressly prohibited, regardless of size or construction materials and period of use. For the purpose of this section, temporary carports, car tents, vehicle canopies, portable garages, and structures used for storage are any roofed structure, as defined by the Municipal Land Use Law, whether supported with metal, aluminum, wooden, plastic or steel construction, and regardless of the nature or composition of the cover material, providing space for the parking of a motor vehicle(s), and/or storage of goods and household items, whether or not enclosed, which is not constructed or designed to be permanent in nature.
No building shall be erected on any lot that is not contiguous, for the distance of at least 35 feet, to a public street, road or avenue maintained by the Township, county or state, or contiguous to a dedicated street, road or avenue shown on a map or plan approved by the Township Committee or the Planning Board of said Township for filing in the office of the County Clerk and duly filed in said office, or contiguous to a street, road or avenue which the Board of Adjustment, upon evidence submitted to it, shall determine to have been dedicated to the public.[1]
[1]
Editor's Note: Provisions on minimum floor area for dwellings, which previously followed this section, were repealed 8-19-1992 by Ord. No. 1992-14.
[Amended 8-19-1992 by Ord. No. 1992-14; 9-17-2003 by Ord. No. 2003-16]
A. 
When, after consideration of a site plan presented to it, the Planning Board of the Township of Cinnaminson determines that a tract of land is to be developed as a shopping center, individual leased premises with the shopping center shall not be included in the definition of the word "lot" set forth in this chapter. However, before a valid sale of any one or more of the leased premises within the shopping center may be effected, there must be compliance with all pertinent terms of this chapter, and the premises to be sold will no longer be entitled to the exemption provided for leased premises in this subsection.
B. 
A shopping center is a building composed of three or more partitioned units, said units to be occupied for business purposes as permitted under this chapter. These units must have a common owner and be located in one structure, with the result that all the units are under the same roof and have party or common walls between immediately adjacent units and have common walkways and common parking lots.
C. 
Notwithstanding any other provisions of this chapter heretofore adopted, all uses permitted in the Commercial Districts of the Township shall be permitted uses in a shopping center complex, as defined hereinabove, when such shopping center is approved by the Planning Board of the Township.
D. 
Any sign or signs of identity to be used by individual stores in shopping center complexes, as defined hereinabove, must be located and confined entirely to the facade of the building. The identity sign or signs for any individual store may occupy a space equivalent to two square feet for every one foot in width of the individual store front. Any sign or signs to be erected must be placed at least one foot from the top of the facade of the building. No signs may be erected or placed on any part of a canopy, awning or marquee covering the pedestrian walkway adjacent to this store.
E. 
All shopping centers shall erect a multiple occupant tenant sign listing all store and/or retail establishments occupying the premises. The size, height and location of said sign shall be in conformance with the requirements of § 525-121, but in no case shall exceed 125 square feet per side.
F. 
Notwithstanding anything contained in the foregoing paragraphs, the definition of "shopping center" is expressly intended to exclude operations familiarly known as "flea markets" which are generally, though not specifically, considered to consist of utilization of large, previous vacant buildings, such as discount stores or vacant shopping centers for purposes of providing locations for the wholesale or retail sale of goods to the public in which the vendors do not enjoy long-term leases with the owners/lessors of the site, and/or where the tenancies are generally unaccompanied by substantial investments by the tenants in the property itself, such as "fit-ups," "shopping amenities," and the like.
[Amended 8-19-1992 by Ord. No. 1992-14; 6-1-2015 by Ord. No. 2015-4]
Fences may be erected in residential areas, provided the necessary permit is obtained as required by § 269-12 or § 269-13 and the fence complies with the requirements of § 269-14.
[1]
Editor’s Note: Former § 525-109, Site plans, as amended, was repealed 9-17-2012 by Ord. No. 2012-19. See now Ch. 330, Land Use Procedures.
A. 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection A, General requirements, as amended, was repealed 9-17-2012 by Ord. No. 2012-19. See now Ch. 330, Land Use Procedures.
B. 
Off-street parking, loading facilities and traffic control devices.
(1) 
Duty to provide and maintain off-street parking and loading facilities. No site plan shall be approved by the Cinnaminson Township Board unless off-street parking and loading facilities are provided in at least the amount and maintained in the manner required by this section. Information shall be submitted pertaining to proposed traffic activity which will substantiate the proposed number of off-street parking and loading spaces.
(2) 
Construction and design standards.
(a) 
Required area for each parking space. Each automobile parking space shall not be less than 200 square feet, nor less than 10 feet wide, nor less than 20 feet deep, exclusive of aisleways. The grade on each parking space and adjacent aisleway shall not exceed 4%.
(b) 
Provision for proper drainage and maintenance. All off-street parking, off-street loading and service facilities shall be so drained as to prevent damage to abutting properties and/or public streets and shall be constructed of materials which will assure a surface resistant to erosion. (See Subsection G for design standards for paving.) Such drainage and materials shall be approved by the Board.
(c) 
Separation from walkways and streets. All off-street parking, off-street loading and service areas shall be separated from walkways, sidewalks, streets or alleys by curbing or other protective devices approved by the Board. Along each street line a five-foot strip measured from the right-of-way shall be provided suitably landscaped except for necessary walks and access ways. The plant material shall be selected to have a maximum height of four feet.
(d) 
Private walk adjacent to business buildings. A private walk from the parking area shall be provided adjacent to the building and shall not be less than four feet in width, if deemed necessary by the Board. Curbing or other protective devices approved by the Board shall be provided to prevent parked vehicles from encroaching upon or interfering with the walks.
(e) 
Side yard separation. Driveways and parking areas shall be separated from any side line by a minimum of five feet, with a concrete curb or other approved protective device at the edge of the driveway or parking area.
(f) 
Interior aisleways.
[1] 
Interior aisleways shall not be less than the following minimum requirements:
[Amended 1-29-1987 by Ord. No. 1987-26]
Angle of Parking
(degrees)
Aisleway Width
(feet)
90
25
60
20
45
15
[2] 
Where used with parallel parking or where there is no parking, interior aisleways shall be at least 10 feet wide for one-way traffic movement and at least 20 feet wide for two-way traffic movement. Aisleway width measurements shall be exclusive of parking area.
(g) 
A one-way driveway with access from a public street, exclusive of curb radii, shall be not less than 12 feet in width. A two-way driveway shall not be less than 25 feet in width.
[Amended 8-19-1992 by Ord. No. 1992-14]
(h) 
Pavement markings and signs. Each off-street parking space shall be clearly marked, and pavement directional arrows or signs shall be provided wherever necessary, as determined by the Board. Single-line markers shall be used to separate each parking space painted on bituminous paving. Marker-line width shall be four inches wide. On quarry blend parking lots, spaces shall be delineated with precast concrete bumpers pinned in place.
(i) 
Lighting for night use. Adequate lighting shall be provided if the off-street parking facilities are to be used at night. The lighting shall be arranged and installed so as not to directly illuminate, reflect or cause glare on any abutting land or adjacent streets as required in Subsection C for design standards for lighting.
(j) 
Area shall not be reduced. No off-street parking area shall be reduced in size or encroached upon by buildings, vehicle storage, loading or unloading or any other use where such reduction or encroachment will reduce the off-street parking and loading spaces below that required by these regulations.
(k) 
Required setback. No required loading space, including maneuvering areas for such loading space, shall be established in the area between the front building line and the street right-of-way line in industrial zones.
(l) 
Other uses prohibited. No off-street parking or loading area shall be used for the sale, repair, dismantling or servicing of any vehicles, equipment, materials or supplies.
(m) 
Size of loading berth. The minimum size shall be 15 feet wide and 40 feet deep. If large vehicles are to service the site, the size of the loading berth shall be increased accordingly.
[Amended 8-19-1992 by Ord. No. 1992-14]
(n) 
Off-street parking space within buildings. Garage space or space within buildings, in basements or on the roofs of buildings may be used to meet the off-street parking requirements of this chapter, provided that such space is designated to serve as off-street parking space.
(o) 
Traffic control devices. Traffic control devices, such as signs, traffic signals, etc., if required by the Board, shall conform in all respects to the Manual of Uniform Traffic Control Devices for Streets and Highways as adopted by the Federal Highway Administration United States Department of Transportation.
(p) 
Fire access. A fire lane of a minimum width of 12 feet shall be provided around two sides of a four-sided building unless additional requirements are imposed by the Fire Marshal.
[Added 8-19-1992 by Ord. No. 1992-14]
(3) 
Minimum space requirements for off-street parking areas. A minimum number of off-street automobile parking spaces shall be provided in accordance with the following tabulation:
Use
Minimum Space Requirements
Nursing home
At least 1 for each 5 patients, plus 1 additional for each staff member or employee at peak shift time
Hospital
At least 1 for each 3 patient beds, excluding bassinets, plus 1 additional for each medical staff member or visiting doctor based on the average number of such persons serving the hospital, plus 1 additional for each 4 employees
Medical or dental practitioner's office
Each office shall provide at least 5 for each professional person occupying or using each office, plus 1 additional for each employee and practitioner
Mortuary or funeral home
At least 1 for every 75 square feet of floor area devoted to services or viewings, plus 1 additional for each funeral vehicle, and 1 for each employee
Church, synagogue, other place of worship
At least 1 for each 4 seats
Educational institution, public or private
At least 1 for each 2 employees, including teachers and administers; sufficient off-street parking space for the safe and convenient loading and unloading of students; additional facilities for student parking, taking into consideration the total number of students driving automobiles; the requirements for gymnasium and auditorium use shall be in addition to these requirements
Publicly owned or operated building
At least 1 for each 4 seats, plus 1 for each employee
Railroad or bus station
The intended user must submit his plans and proposed method of operation showing the frequency and the anticipated number of users of the station as well as the areas to be served by this station so as to establish the number of car spaces which will be required at each facility
Private club or building
At least 1 for each 200 square feet of net floor space, plus 1 for each employee at peak time
Stadium, ballparks and other outdoor sports arenas/facilities
At least 1 for each 3 seats, and 1 for each employee
Swimming pool or natural bathing place operated for profit
At least 1 for each 6 persons within the recommended or legal capacity prescribed under applicable state and local laws, ordinances or resolutions, and 1 for each employee
Theater, auditorium or indoor sports arenas/facilities
At least 1 for each 3 seats or similar vantage accommodations provided, and also 1 for each employee
Public outdoor recreation area
At least 8 per acre of recreational area
Bowling establishment
At least 3 for each bowling lane, and at least 1 for each employee; if additional facilities such as a bar or restaurant are provided, additional parking spaces shall be provided in accordance with the requirements for similar uses set forth in this section
Restaurant or similar place dispensing food, drink or refreshments
At least 1 for each 3 seats provided for patron use, plus 1 for each employee
Office building, professional building or similar use
At least 1 for each 200 square feet of net rental floor area; medical use shall comply with the provisions for medical or dental practitioner's office above
Major retail establishment
At least 5 for each 1,000 square feet of gross leasable area
Industrial, light industrial or manufacturing
[Amended 12-9-1987 by Ord. No. 1987-26; 8-19-1992 by Ord. No. 1992-14]
1.2 for every employee in the establishment or warehouse's largest working shift, plus the prior or subsequent shift, rounded to the nearest whole number at peak load time due to overlapping work shifts, or 1 for every 200 square feet of office floor area, plus 1 for every 750 square feet of manufacturing or warehouse area; note that the larger number of spaces required based upon the aforementioned criteria shall govern
(4) 
Minimum requirements for off-street loading berths. Minimum requirements for off-street loading berths shall be as follows:
Use
Gross Floor Area
(square feet)
Number
of Berths
Industrial and wholesale operations
0 to 7,500
0
7,501 to 25,000
1
25,001 to 40,000
2
40,001 to 100,000
3
Each additional 60,000 or fraction thereof
1 additional
Office building
0 to 80,000
0
80,001 to 160,000
1
Each additional 80,000 or fraction thereof
1 additional
Retail operation and all first-floor nonresidential uses
0 to 5,000
0
5,001 to 20,000
1
Each additional 20,000 or fraction thereof
1 additional
Retail operation, including dining facilities and restaurant within office buildings
0 to 20,000
0
20,001 to 40,000
1
Each additional 20,000 or fraction thereof
1 additional
C. 
Lighting.
(1) 
General provisions.
(a) 
Duty to provide and maintain lighting facilities. Adequate lighting shall be provided for all parking areas if said areas are proposed to be used at night. Lighting for parking areas shall conform to the requirement hereinafter stated.
(b) 
Architectural, pedestrian and miscellaneous lighting facilities. Other site lighting facilities may be installed, provided that said lighting facilities conform to the requirements hereinafter stated.
(2) 
Lighting requirements.
(a) 
General requirements.
[1] 
All proposed lighting shall be arranged and installed so as not to directly illuminate, reflect or cause glare on any abutting land or adjacent street(s).
[2] 
All proposed lighting shall be positioned so as not to interfere with the view of drivers and pedestrians or create otherwise hazardous conditions.
[3] 
Lighting fixtures shall be low-brightness type, utilizing a lamp source mounted totally within the fixture housing. The fixture diffuser and/or reflector shall be mounted horizontally with the paving.
[4] 
Flood- or spot-type lighting fixtures, if properly shielded, may be used in industrial zones for parking area lighting or in other zones for building or sign illumination.
(b) 
Specific requirements. Where lighting is to be provided for parking facilities, the following criteria shall be met:
[1] 
The proposed lighting shall provide a maintained minimum of 0.2 footcandle at all points in the parking facilities.
[2] 
The average maintained lighting intensity shall be a minimum of one and 1.0 footcandle.
[3] 
The maximum height of the top of lighting fixtures located not less than 95 feet from any property line shall be 41 feet above the parking surface. The maximum height of all other fixtures shall be 31 feet above the parking surface.
(3) 
Information required to accompany all lighting proposals.
(a) 
Details or shop drawings of all proposed lighting fixtures.
(b) 
Details or shop drawings of all standards on which lighting fixtures will be installed, indicating the height above grade at which the fixture is proposed to be installed.
(c) 
Photometric diagrams indicating the pattern of illumination and intensity.
(d) 
A clear statement of the lamp intensity and type.
D. 
Landscaping. A landscape plan shall be submitted in accordance with the requirements of § 455-34.
[Amended 8-19-1992 by Ord. No. 1992-14]
E. 
Storm drainage facilities.
(1) 
General provisions.
(a) 
Each site plan submitted to the Cinnaminson Township Board shall be reviewed by the Board Engineer to establish requirements to prevent adverse drainage conditions relating to public streets or adjoining lands and to assure adequate design to minimize future maintenance and avoid future flooding damage.
(b) 
Storm drainage facilities required to accommodate additional storm drainage resulting from the site development shall be provided for by the owner without cost to the Township. This may involve reconstruction of existing storm drainage facilities or construction of new facilities on and/or off the Township right-of-way.
(c) 
Where property adjacent to a public right-of-way is to be filled or the grade is to be modified, the owner shall be required to make adequate provision at his own expense, for the disposition of right-of-way drainage by installing such pipe of adequate size and material, catch basins, manholes, headwalls and ditches as may be necessary to protect the Township's drainage rights.
(d) 
The term "Standard Specifications" as used hereinafter shall refer to the New Jersey Department of Transportation Standard Specifications for Road and Bridge Construction, as amended to date.
(e) 
Drainage calculations shall accompany all submissions. The calculations shall be prepared in accordance with the criteria and standards hereinafter mentioned.
(2) 
Drainage criteria.
(a) 
The Soil Conservation Service method and the rational method are acceptable methods for determining runoff. The method to be applicable for any given development shall be determined by the Board Engineer.
(b) 
The information contained hereinafter is intended to give guidance to the designer, and deviations must be approved by the Board Engineer.
(c) 
Detention basins.
[1] 
If, in the opinion of the Board Engineer, there is a need to minimize stormwater flow from a given site, the owner may be required to install detention facilities.
[2] 
Where peak flow reduction is to be accomplished by the provision of a detention basin, the peak rate of outfall permitted would be that prior to development.
[3] 
The rates and volumes of inflow for detention basins shall be based on similar assumptions to those that are used in the rational method, and the duration of the storm used to determine such rates and volumes shall be that which will require maximum storage. The design criteria shall be based upon a ten-year-frequency rainstorm.
[4] 
Basins shall be designed with a minimum of one foot of freeboard and provisions for overflow. All overflow channels, flumes, pipes, etc., shall be designed to accommodate a one-hundred-year-frequency storm, exclusive of any discharge through the principal spillway.
[5] 
Detention basins shall be designed with no consideration to soil percolation.
[6] 
The side slopes of detention basins shall be constructed with slopes not to exceed four feet horizontally to one foot vertically unless approved by the Board Engineer. The sides of detention basins shall be topsoiled four inches thick and sodded. The sod shall be pegged in place during installation.
[a] 
The bottom of detention basins shall be graded at a slope of not less than 1% toward the principal spillway or discharge structure. The bottom of detention basins shall be topsoiled four inches thick and sodded. The sod shall be pegged in place during installation.
[b] 
A parabolic concrete channel shall be provided in the bottom of detention basins connecting all points of inflow with the principal spillway or discharge structure. The channel shall be designed for a ten-year-frequency storm and have a capacity not less than the design flow of the principal spillway. The channel shall be constructed six inches thick using Class B concrete, welded wire reinforcement and watertight joints, if the subgrade is not sufficiently stable, a three-fourths-inch graded stone base six inches thick shall be constructed under the concrete channel.
[7] 
Fencing may be required around detention basins if, in the opinion of the Board, a potential safety hazard would be created by permitting unrestricted access to the basin.
[8] 
Subsurface vaults or circular pits may be used for detention facilities. If precast structures are not used, structural calculations shall be submitted to support the proposed design. All pits or vaults shall be provided with a means of access at grade for maintenance purposes.
(d) 
Retention basins.
[1] 
If, in the opinion of the Board Engineer, there is a need to reduce the quantity of runoff from a given site, retention facilities may be required.
[2] 
The side slopes of retention basins shall be constructed with slopes not to exceed four feet horizontal to one foot vertical unless approved by the Board Engineer. The sides of retention basins shall be topsoiled four inches thick and sodded. The sod shall be pegged in place during installation. The bottom of retention basins shall be graded at a slope of not less than 1% toward a low point. The bottom of retention basins shall be constructed with two-inch graded stone a minimum of eight inches thick.
[3] 
The design volume of retention basins shall be determined by use of the rational method governed by either of the following criteria, whichever produces the greatest stormwater volume:
[a] 
A ten-year-frequency storm of two-hour duration with no consideration given to soil percolation.
[b] 
A ten-year frequency storm of twenty-four-hour duration with consideration given to soil percolation during said twenty-four-hour storm.
[4] 
Percolation tests shall be taken at a depth which approximates the final elevation of the bottom of the proposed retention basin.
[5] 
Retention basins shall drain by soil percolation in a maximum of 24 hours.
[6] 
Retention basins shall be designed with a minimum of one foot freeboard and provisions for overflow. All overflow channels, flumes, pipes, etc., shall be designed to accommodate a one-hundred-year-frequency storm.
[7] 
If, in the opinion of the Board, the location or depth of the proposed retention basin is such that it may pose a safety hazard, fencing may be required.
[8] 
Subsurface retention facilities are permissible and subject to the same design criteria previously mentioned above. Their design shall be subject to the conditions of Subsection E(2)(c)[8] above.
(e) 
Open channels.
[1] 
Open channels may be used to transport stormwater, provided that they are designed in accordance with the standards hereinafter mentioned.
[2] 
Capacities of open channels shall be determined by use of the Manning Equation. Roughness coefficients shall be as follows:
Type of Channel
Roughness
Coefficient (n)
Paved
0.020
Gravel
0.035
Vegetative
0.035
[3] 
The maximum permissible design velocity for grasslined channels shall be as follows:
Soil Texture
Velocity
(feet/second)
Sand
2.0
Sandy loam
2.5
Fine sandy loam
2.5
Slit loam
3.0
Loam
3.5
Loamy fine sand
2.0
Loamy sand
2.0
Sandy clay loam
3.5
Silt (noncolloidal)
3.5
Clay loam
4.0
Stiff clay
5.0
Silt (colloidal)
5.0
Fine gravel
5.0
Graded loam to cobbles (noncolloidal)
5.0
Graded silt to cobbles (noncolloidal)
5.5
Cobbles and shingles
5.5
Shale and hardpan
6.0
Coarse gravel
6.0
[4] 
Open channels shall be designed with sides of sufficient slope to ensure stability under maximum flow. A side slope of four feet horizontal to one foot vertical is preferred.
[5] 
Grasslined channels shall be topsoiled four inches thick and sodded. The sod shall be pegged in place during installation.
[6] 
Open channels shall be designed to carry the peak flow produced by a ten-year frequency rainstorm. In addition, channels shall be designed with a minimum of three inches of freeboard.
[7] 
Open channels designed with velocities greater than permitted for grasslined channels shall be lined with either concrete or stone.
(f) 
Storm sewer pipes.
[1] 
A storm sewer shall be designed to handle all surface water at points of entry as determined by the Board Engineer.
[2] 
Storm sewer pipes shall be of reinforced concrete, corrugated steel (bituminous-coated inside and out), ductile iron, corrugated aluminum, corrugated polyethylene or polyvinyl chloride. The minimum pipe size for storm sewer systems shall be 12 inches inside diameter. All pipe shall be selected to withstand H 20 highway loading as per the American Association of State Highway and Transportation Officials design guidelines and shall conform to the following minimum requirements:
[Amended 12-9-1987 by Ord. No. 1987-26]
[a] 
Reinforced concrete pipe shall conform to AASHTO Designation No. M170. For depths of cover of one to two feet, Class IV pipe shall be used. For depths of cover in excess of two feet, Class III pipe shall be used.
[b] 
Corrugated steel pipe shall conform to AASHTO Designation No. M36 and shall be bituminous-coated inside and out.
[c] 
Ductile iron pipe shall conform to ANSI A21.51 with rubber gasket joints conforming to ANSI A21.11.
[d] 
Corrugated aluminum pipe shall conform to AASHTO Designation No. M196.
[e] 
Corrugated polyethylene pipe shall conform to AASHTO Designation No. M294.
[f] 
Polyvinyl chloride pipe shall conform to ASTM D-3034 or ASTM F-679 with rubber gasket joints conforming to ASTM D-3213.
[3] 
Capacities of storm sewer pipes shall be determined by use of the Manning Equation. The coefficient of roughness (n) shall be as follows:
[Amended 12-9-1987 by Ord. No. 1987-26]
Type of Pipe
Roughness
Coefficient
(n)
Reinforced concrete
0.013
Ductile iron
0.013
Corrugated steel:
Fully bituminous-coated
0.024
Fully bituminous-coated with 25% paved invert
0.021
Fully bituminous-coated and 100% paved
0.012
Corrugated aluminum
0.025
Corrugated polyethylene:
Corrugated
0.020
Smooth interior
0.012
Polyvinyl chloride
0.012
[4] 
The minimum velocity in any storm sewer pipe shall be 2.5 feet per second. The maximum velocity shall be 10 feet per second.
[5] 
Storm sewer pipes shall be designed to handle the peak flow of a given frequency storm at a given time of concentration for the entire watershed drainage to said pipes. The design criteria shall be based upon a ten-year-frequency rainstorm.
(g) 
Manholes, inlets and headwalls.
[1] 
All manholes, inlets and headwalls shall be constructed in accordance with the Standard Specifications at locations determined by the Board Engineer. Details for all construction shall accompany the site plan.
(h) 
The weighted coefficient of runoff used in the rational method shall be determined using the following coefficient of runoff (C) values:
Type of Surface
C
Pavement
0.95
Roofs
0.95
Gravel or stone
0.45
Sandy soil vegetation
0.20
Sandy soil wooded
0.10
F. 
Environmental standards.
(1) 
Any commercial or industrial use shall be so operated as to comply with the environmental standards set in Chapter 362, Noise. No use already established shall be so altered or modified as to conflict with, the environmental standards hereby established for these districts.
[Amended 12-18-1991 by Ord. No. 1991-30; 6-21-2005 by Ord. No. 2006-19]
(2) 
Vibration. No manufacturing, fabricating, research, testing or other processes requiring the use of blasting shall be permitted. Any necessary occasional, emergency or construction blasting shall conform to the limits of the Table of Frequency-Amplitude Relations and all other requirements of the Rules and Regulations Governing Blasting on Construction and Relation Operations, Bureau of Engineering and Safety, State Department of Labor and Industry. No machinery, process or other use will be permitted that causes any mechanical or earth vibration that is detectable beyond the lot line. When operations involve the use of heavy machinery, testing or other facilities likely to produce mechanical vibration, the building shall be constructed and the machinery and equipment shall be installed in such a manner as to eliminate the possibility of mechanical vibration or earth vibration of such extent that is detectable beyond the lot line. For the purpose of measuring compliance, no mechanical vibration or earth vibration shall be permitted that exceeds 10% of the limits of the aforementioned Table of Frequency-Amplitude Relations.
(3) 
Smoke and particulate matter. The emission from any operation of smoke or particulate matter in such manner or quantity as to be detrimental to or endanger the public health, safety, comfort or welfare is hereby declared to be a public nuisance and shall henceforth be unlawful. Operations must conform to New Jersey Air Pollution Control Codes.
(4) 
Toxic matter. No activity or operation shall cause at any time the discharge of toxic matter across lot lines in such concentrations as to be detrimental to or endanger the public health, safety, comfort or welfare or cause injury or damage to property or business. Operations must conform to New Jersey Air Pollution Control Codes.
(5) 
Fire and explosive hazards.
(a) 
The storage, utilization or manufacture of solid materials or products ranging from incombustible to moderate burning is permitted.
(b) 
The storage, utilization or manufacture of solid materials or products ranging from free or active burning to intense burning is permitted, provided that such materials or products shall be stored, utilized or manufactured within completely enclosed buildings having incombustible exterior walls and protected throughout by an automatic fire-extinguishing system.
(6) 
Total capacity of flammable materials permitted. The storage, utilization or manufacture of flammable liquids or materials which produce flammable or explosive vapors or gases shall be permitted in accordance with the Building Code.[2]
[2]
Editor's Note: See Ch. 220, Construction Codes, Uniform.
(7) 
Humidity, glare or heat. Any operation producing excessive humidity in the form of steam or moist air or producing intense glare or heat shall be performed within an enclosure and in such a manner as not to be perceptible at or beyond any lot line. Exposed sources of light shall be shielded so as not to create a nuisance across lot lines.
G. 
Paving.
(1) 
General provisions. All areas designated for vehicle circulation and/or parking shall be paved with durable materials as approved by the Board.
(2) 
Paving design standards.
(a) 
All proposed bituminous paving shall consist of two inches of bituminous concrete, Mix No. 5 on six-inch quarry blend (Soil Aggregate Type 5, Class A) as a minimum. All materials and methods of construction shall conform to the requirements of the New Jersey Department of Transportation Standards and Specifications for Road and Bridge Construction.
(b) 
Prior to the installation of bituminous concrete over quarry blend, Prime Coat MC 30/70 shall be applied to the compacted quarry blend at the rate of 0.25 gallon per square yard.
(c) 
The minimum slope on all paving shall be not less than 0.5%.
H. 
Driveways.
(1) 
Driveways shall be so located as to avoid undue interference with or restriction of the free movement of normal road traffic, so that areas of traffic congestion will not be created. Also to be avoided are locations that would interfere with the placement and proper functioning of road signs, signals, lighting or other devices that affect traffic operations.
(2) 
The number of driveway openings permitted on a public road shall be as follows:
Length of Frontage
on Public Road
Number of Driveways Permitted
100 feet or less
1
More than 100 feet
2*
* NOTE: Where frontage is sufficient, additional driveways may be permitted if approved by the Board.[3]
[3]
Editor’s Note: Former Subsection I, Definition of term “Cinnaminson Board,” Subsection J, regarding minimum requirements for design standards of site plans, Subsection K, which provided that the Cinnaminson Board could waive any requirements in this section, Subsection L, which provided that the Cinnaminson Board had the power to waive formal site plan review for certain developments, as amended, Subsection M, Impact statements and reports, as amended, and Subsection N, Trees, as amended, all of which immediately followed this Subsection H, were repealed 9-17-2012 by Ord. No. 2012-19. See now Ch. 330, Land Use Procedures.
The uses of lands and buildings permitted by this chapter shall not be construed to include any of the following: trailer camp; tourist camp; outdoor moving-picture theater; used car lot; any trade, occupation, industry or business whatsoever that is noxious or offensive by reason of causing noise, odor, dust, smoke, gas or vibration; and outdoor carnival, bazaar, circus or similar project or activity, provided that an outdoor carnival, bazaar, circus or similar project or activity when conducted or sponsored by a local volunteer fire company or charitable, philanthropic or service organization may be permitted on such date and at such place as may be designated by the Township Committee.
[1]
Editor’s Note: Former § 525-112, Definitions, was repealed 9-17-2012 by Ord. No. 2012-19. See now Ch. 330, Land Use Procedures.
The operation of a dump or sanitary landfill shall not be a permitted use in any zone established by this chapter.[1]
[1]
Editor's Note: See Ch. 326, Landfills, Sanitary.
[Added 2-20-2002 by Ord. No. 2002-6]
This section of the Cinnaminson Township Code sets forth regulations regarding low- and moderate-income housing units in Cinnaminson Township that are consistent with the provisions of N.J.A.C. 5:93 et seq. as effective on June 6, 1994. These rules are pursuant to the Fair Housing Act of 1985 and Cinnaminson Township's constitutional obligation to provide for its fair share of low- and moderate-income housing.
A. 
Cinnaminson Township's new construction or inclusionary component will be divided equally between low- and moderate-income households as per N.J.A.C. 5:93-2.20.
B. 
Except for inclusionary developments constructed pursuant to low income tax credit regulations:
(1) 
At least half of all affordable units within each inclusionary development will be affordable to low-income households; and
(2) 
At least half of all rental affordable units will be affordable to low-income households; and at least 1/3 of all affordable units in each bedroom distribution pursuant to N.J.A.C. 5:93-7.3 will be affordable to low-income households.
C. 
Inclusionary developments that are not restricted to senior citizens will be structured in conjunction with realistic market demands so that:
(1) 
The combination of efficiency and one bedroom units is at least 10% and no greater than 20% of the total low- and moderate-income units; and
(2) 
At least 30% of all low- and moderate-income units are two-bedroom units; and
(3) 
At least 20% of all low- and moderate-income units are three-bedroom units; and
(4) 
Low and moderate units restricted to senior citizens may utilize a modified bedroom distribution. At a minimum, the number of bedroom will equal the number of senior citizen low- and moderate-income units within the inclusionary development.
D. 
In conjunction with realistic market information, the following criteria will be used in determining maximum rents and sale prices:
(1) 
Efficiency units will be affordable to one person household; and
(2) 
One-bedroom units will be affordable to 1.5 person households; and
(3) 
Two-bedroom units will be affordable to three person households; and
(4) 
Three-bedroom units will be affordable to 4.5 person households; and
(5) 
Median income by household size will be established by a regional weighted average of the uncapped Section 8 income limits published by HUD as per N.J.A.C. 5:93-7.4(b); and
(6) 
The maximum average rent and price of low- and moderate-income units within each inclusionary development will be affordable to households earning 57.5% of median income; and
(7) 
Moderate income sales units will be available for at least three different prices and low-income sales units will be available for at least two different prices; and
(8) 
For both owner-occupied and rental units, the low- and moderate-income units will utilize the same heating source as market units within an inclusionary development; and
(9) 
Low-income units will be reserved for households with a gross household income less than or equal to 50% of the median income approved by COAH; moderate income units will be reserved for households with a gross household income less than 80% of the median income approved by COAH as per N.J.A.C. 5:93-9.16; and
(10) 
The regulations outlined in N.J.A.C. 5:93-9.15 and 9.16 will be applicable for purchased and rental units.
E. 
For rental units, developers and/or municipal sponsors may:
(1) 
Establish one rent for a low-income unit and one rent for a moderate income unit for each bedroom distribution; and
(2) 
Establish gross rents, including an allowance for tenant-paid utilities, so as not to exceed 30% of the gross monthly income of the appropriate household size as per N.J.A.C. 5:93-7.4(a). The tenant-paid utility allowance will be consistent with the utility allowance approved by HUD for use in New Jersey.
F. 
For-sale units:
(1) 
The initial price of a low- and moderate-income owner-occupied single family housing unit will be established so that after a down payment of 5%, the monthly principal, interest, homeowner and private mortgage insurance, property taxes (based on the restricted value of the low- and moderate-income unit) and condominium or homeowner fee (if any) do not exceed 28% of the eligible gross monthly income; and
(2) 
Master deeds of inclusionary developments will regulate condominium or homeowner association fees or special assessments of low- and moderate-income purchasers at 100% of those paid by market purchasers. This percentage is consistent with the requirements of N.J.A.C. 5:93-7.4(e). Once established within the master deed, the one-hundred-percent fee structure will not be amended without prior approval from COAH; and
(3) 
Cinnaminson Township will follow the general provisions concerning uniform deed restriction liens and enforcement through certificates of occupancy or reoccupancy on sale units as per N.J.A.C. 5:93-9.3; and
(4) 
Cinnaminson Township will require a certificate of reoccupancy for any occupancy of a low- or moderate-income sales unit resulting from a resale as per N.J.A.C. 5:93-9.3(c); and
(5) 
Municipal, state, nonprofit and seller options regarding sale units will be consistent with N.J.A.C. 5:93-9.5 through 5:93-9.8. Municipal rejection of repayment options for sale units will be consistent with N.J.A.C. 5:93-9.9; and
(6) 
The continued application of options to create, rehabilitate or maintain low- and moderate-income sale units will be consistent with N.J.A.C. 5:93-9.10; and
(7) 
Eligible capital improvements prior to the expiration of controls on sale units will be consistent with N.J.A.C. 5:93-9.11; and
(8) 
The regulations detailed in N.J.A.C. 5:93-9.12 through 5:93-9.14 will be applicable to low- and moderate-income units that are for sale units.
G. 
In zoning for inclusionary developments the following is required:
(1) 
Low- and moderate-income units will be built in accordance with N.J.A.C. 5:93-5.6(d):
Minimum Percent of Low/Moderate-Income Units Completed
Percent of Market Rate Housing Units Completed
0
25
10
25 + 1 unit
50
50
75
75
100
90
100
(2) 
A design of inclusionary developments that integrates low- and moderate-income units with market units is encouraged as per N.J.A.C. 5:93-5.6(e)
H. 
A Development Fee Ordinance was adopted by Cinnaminson Township on April 10, 1997 as Ordinance No. 1997-2.[2]
[2]
Editor's Note: See Ch. 243, Development Fees.
I. 
To provide assurances that low- and moderate-income units are created with controls on affordability over time and that low- and moderate-income households occupy these units, Cinnaminson Township will designate the Housing Assistance Service within the New Jersey Department of Community Affairs with the responsibility of ensuring the affordability of sales and rental units over time. The Housing Assistance Service will be responsible for those activities detailed in N.J.A.C. 5:93-9.1(a).
(1) 
In addition, the Housing Assistance Service will be responsible for utilizing the verification and certification procedures outlined in N.J.A.C. 5:93-9.1(b) in placing households in low- and moderate-income units; and
(2) 
Newly constructed low- and moderate-income sales units will remain affordable to low- and moderate-income households for at least 30 years; and
(3) 
The Housing Assistance Service will require all conveyances of newly constructed units to contain the deed restriction and mortgage lien adopted by COAH and referred to as Technical Appendix E as found in N.J.A.C. 5:93; and
(4) 
Housing units created through the conversion of a nonresidential structure will be considered a new housing unit and will be subject to 30 year controls on affordability. The Housing Assistance Service will require COAH's appropriate deed restriction and mortgage lien.
J. 
Regarding rehabilitated units:
(1) 
Rehabilitated owner-occupied single family housing units that are improved to code standard will be subject to affordability controls for at least six years; and
(2) 
Rehabilitated renter-occupied housing units that reimproved to code standard will be subject to affordability controls for at least 10 years.
K. 
Regarding rental units:
(1) 
Newly constructed low- and moderate-income rental units will remain affordable to low- and moderate-income households for at least 30 years. The Housing Assistance Service will require the deed restriction and lien and deed of easement referred to as Technical Appendix H as found in N.J.A.C. 5:93; and
(2) 
Affordability controls in accessory apartments will be for a period of at least 10 years, except if the apartment is to receive a rental bonus credit pursuant to N.J.A.C. 5:93-5.13, then the controls on affordability will extend for 30 years; and
(3) 
Alternative living arrangements will be controlled in a manner suitable to COAH, that provides assurances that such facilities will house low- and moderate-income households for at least 10 years except if the alternative living arrangement is to receive a rental bonus credit pursuant to N.J.A.C. 5:93-5.13, then the controls on affordability will extend for 30 years.
L. 
Section 14(b) of the Fair Housing Act, N.J.S.A. 52:27D-301 et seq., incorporates the need to eliminate unnecessary cost-generating features from Cinnaminson Township's land use ordinances. Accordingly, Cinnaminson Township has eliminated development standards that are not essential to protect the public welfare and to expedite or fast track municipal approvals/denials on inclusionary development applications. Cinnaminson Township will adhere to the components of N.J.A.C. 5:93-10.1 through 5:93-10.3.
M. 
The Cinnaminson Township has a 1987-1999 fair share obligation of 351 units of which 331 is the new construction component. This chapter will apply to all developments that contain proposed low- and moderate-income units that are listed below and any future developments that may occur:
(1) 
The affirmative marketing plan is a regional marketing strategy designed to attract buyers and/or renters of all majority and minority groups, regardless of sex, age or number of children, to housing units which are being marketed by a developer/sponsor municipality and/or designated administrative agency of affordable housing. The plan will address the requirements of N.J.A.C. 5:93-11. In addition, the plan prohibits discrimination in the sale, rental, financing or other services related to housing on the basis of race, color, sex, religion, handicap, age, familial status/size or national origin. Cinnaminson Township is in the housing region consisting of Burlington, Camden and Gloucester Counties. The affirmative marketing program is a continuing program and will meet the following requirements:
(a) 
All newspaper articles, announcements and requests for applications for low- and moderate-income units will appear in the following daily regional newspapers/publications: the Burlington County Times, the Camden Courier Post and the Gloucester County Times.
(2) 
The primary marketing will take the form of at least one press release sent to the above publications and a paid display advertisement in each of the above newspapers. Additional advertising and publicity will be on an as-needed basis.
(3) 
The advertisement will include a description of the:
(a) 
Street address of units;
(b) 
Direction to housing units;
(c) 
Number of bedrooms per unit;
(d) 
Range of price/rents;
(e) 
Size of units;
(f) 
Income information; and
(g) 
Location of applications including business hours and where/how applications may be obtained.
(4) 
All newspaper articles, announcements and requests for applications for low- and moderate-income housing will appear in neighborhood oriented weekly newspapers, religious publications and organizational newsletters within the region, if needed in order to attract sufficient applicants.
(5) 
The following regional radio and/or cable television station(s) will be used as necessary for public service announcements: WWJZ (640.0) Mount Holly Radio Co., WGLS (89.7) Rowan College of NJ and WDBK (91.5) Camden County College.
(6) 
The following is the location of applications, brochure(s), sign(s) and/or poster(s) used as part of the affirmative marketing program:
Cinnaminson Municipal Building
1621 Riverton Road, Cinnaminson, NJ
Cinnaminson Municipal Library
1619 Riverton Road, Cinnaminson, NJ
Burlington County Library
Camden County Library
Gloucester County Library
Developer's sales office(s)
Major Employers: JCI Data Processing, Hoeganaes, New Bridge Communications
(7) 
The following is a listing of community contact person(s) and/or organization(s) in Burlington, Camden and Gloucester Counties that will aid in the affirmative marketing program with particular emphasis on contacts that will reach out to groups that are least likely to apply for housing within the region:
Affordable Housing Coalition of Burlington County
Burlington County Community Action Program (BCCAP)
Tri-County Community Action Agency
Camden County Council on Economic Opportunity
Fair Share Housing Center
(8) 
Quarterly flyers and applications will be sent to each of the following agencies for publication in their journals and for circulation among their members: Boards of Realtors in Burlington, Camden and Gloucester Counties.
(9) 
Applications will be mailed to prospective applicants upon request.
(10) 
Additionally, quarterly informational circulars and applications will be sent to the chief administrative employees of each of the following agencies in Burlington, Camden and Gloucester Counties:
Moorestown Ecumenical Neighborhood Development, Inc. (MEND)
Jersey Counseling & Housing Development, Inc.
Lutheran Social Ministries of New Jersey
Mount Holly 2000
(11) 
The random selection method that will be used to select occupants of low- and moderate-income housing will be specified by the Housing Assistance Service.
(12) 
The Housing Assistance Service is the agency under contract with Cinnaminson Township to administer the affirmative marketing program. The Housing Assistance Service has the responsibility to income qualify low- and moderate-income households; to place income eligible households in low- and moderate-income units upon initial occupancy; to provide for the initial occupancy of low- and moderate-income units with income qualified households; to continue to market the availability of units and to qualify households for reoccupancy of units as they become vacant during the period of affordability controls in conformance with N.J.A.C. 5:93-11.5; to assist with advertising and outreach to low- and moderate-income households; and to enforce the terms of the deed restriction and mortgage loan as per N.J.A.C. 5:93-9.1. The Township Clerk within Cinnaminson Township is the designated housing officer to act as liaison to the Housing Assistance Service. The Housing Assistance Service will provide counseling services to low- and moderate-income applicants on subjects such as budgeting, credit issues, mortgage qualification, rental lease requirements and landlord/tenant law.
(13) 
Households who live or work in the COAH-established housing region may be given preference for sales and rental units constructed within that housing region. Applicants living outside the housing region will have an equal opportunity for units after regional applicants have been initially serviced. Cinnaminson Township intends to comply with N.J.A.C. 5:93-11.7.
(14) 
All developers of low- and moderate-income housing units will be required to assist in the marketing of the affordable units in their respective developments.
(15) 
The marketing program will commence at least 120 days before the issuance of either temporary or permanent certificates of occupancy. The marketing program will continue until all low- and moderate-income housing units are initially occupied and for as long as affordable units are deed restricted and occupancy or reoccupancy of units continues to be necessary.
(16) 
The Housing Assistance Service will comply with monitoring and reporting requirements as per N.J.A.C. 5:93-11.6 and 5:93-12.1.
N. 
Cinnaminson Township will undertake a rehabilitation program to rehabilitate 11 substandard housing units occupied by low- and moderate-income households. Cinnaminson Township has designated the Burlington County Home Improvement Loan Program to administer the rehabilitation program, including the preparation of a marketing plan for the rehabilitation program. The rehabilitation program will be consistent with N.J.A.C. 5:93-5.2(b) through 5:93-5.2(1).
O. 
The following sites have been designated to meet Cinnaminson Township's inclusionary component outlined in the housing element and fair share plan which was adopted by the Planning Board in 2002:
(1) 
MCW Enterprises: Block 3106, Lots 1.01 and 1.03.
(2) 
Cresmont Ltd. Ptshp.: Block 307, Lots 1 and 1.01; Block 404, Lots 1 and 3; Block 501, Lots 12 and 14; Block 502, Lots 2, 3, 4 and 7; Block 503, Lots 1, 3 and 4.
(3) 
SC Holdings: Block 702, Lot 2.
(4) 
Harbour Reef Joint Venture: Block 201, Lot 5.
P. 
The exterior appearance of low- and moderate-income units shall be indistinguishable from the facades of market rate units in inclusionary developments. The low- and moderate-income units shall be dispersed throughout inclusionary developments among market rate units of the same tenure type to the greatest practicable extent.
Q. 
Enforcement and penalties. Any change or alteration of an approved site plan or condition of approval granted by the Planning Board or Zoning Board of Adjustment without further Board approval of said change or alteration shall be considered a violation of this chapter and upon conviction in a court of competent jurisdiction, shall, besides curing said alteration by either restoration of the site to the approved site plan or obtaining amended site plan approval for the appropriate Board of jurisdiction, be subject to a fine of up to a maximum of $2,000, imprisonment of up to 90 days or a term of community service of 90 days per violation. Each and every day said violation exists shall be considered a new and separate violation.
[Added 8-16-2006 by Ord. No. 2006-26]
[1]
Editor's Note: See Ch. 145, Affordable Housing.
The limitations on signs prescribed in this chapter shall not apply to any sign or additional device erected by any recognized local, county, state or federal governmental agency.
[Amended 11-12-1985 by Ord. No. 1985-11; 9-18-1996 by Ord. No. 1996-10]
A. 
All signs within the Township of Cinnaminson shall be erected, constructed and maintained in accordance with the provisions of this section and the Building Code.
B. 
No sign shall be erected, enlarged, rebuilt, structurally altered or relocated until a permit has been issued by the Zoning Officer and the Construction Official, except as hereinafter permitted. The issuance of a permit shall not relieve the owner or lessee of the premises from the duty of maintaining safely any such structures. No sign of any description shall be installed, erected, constructed or maintained in such a manner as to block the exit from any fire escape, window or door, nor shall any sign be attached in any manner to a fire escape, nor shall any sign block access to the roof. Every sign constructed or maintained shall be plainly marked with the name of the person, firm or corporation erecting or maintaining such sign.
C. 
No sign shall be erected in the Township of Cinnaminson that would tend, by its location, color, shape, message or nature, to be confused by motorists or pedestrians with or obstruct the view of traffic signs or traffic signals.
D. 
No sign other than official traffic control devices or street signs shall be erected within or encroach upon the right-of-way lines of any street unless specifically authorized by other ordinances or regulation of local, county, state and federal agencies.
E. 
No sign shall contain flashers, animators, movable reflectors, mechanical movements or contrivances of any kind. No intermittent or flashing signs shall be permitted. No statuary or sculpted or molded figures used for promotional or advertising purposes are permitted.
F. 
Sign illumination devices, such as but not limited to flood- or spotlights, shall be so placed and so shielded as to prevent illumination of neighboring properties and shall be situated so as not to interfere with or pose a threat to traffic safety.
G. 
Any sign located within or suspended over a pedestrian walk shall have a ten-foot vertical clearance above the walkway.
H. 
The area of a permitted sign shall be determined by multiplying the greatest horizontal dimensions by the greatest vertical dimensions, including spaces between open-type letters and figures and the background structure or other decoration or addition which is an integral part of the sign. Sign supports shall be excluded in determining the area of a sign unless they contribute directly to either the overall height or width of the sign.
I. 
Any sign, billboard, signboard or advertising device existing at the time of the passage of this chapter that does not conform in use, location, height or size with the regulations of the district in which such sign is located shall be considered a nonconforming use and may be continued and maintained in such use in its present location until replacement or rebuilding becomes necessary, at which time a permit will be required and the sign brought into conformity with this chapter.
J. 
The area of signs painted on buildings shall be computed in the same way as fabricated signs and shall be subject to the same sign restrictions.
K. 
Signs located on roofs are prohibited.
L. 
The limitations on sign area prescribed in this chapter shall not apply to parking lot markers, directional signs or entrance and exit signs erected on the premises which shall not exceed two square feet in area.
M. 
Billboards, outdoor advertising, off-premises signage.
[Amended 9-20-2006 by Ord. No. 2006-28]
(1) 
Incorporation of recitals. The recitals set forth above are incorporated herein by reference as if set forth at length.[1]
[1]
Editor's Note: The recitals are on file with the ordinance in the Clerk's office.
(2) 
Definitions. The following word(s) shall have the following meanings as used in this chapter.
BILLBOARD
A sign, in excess of 24 square feet in area, which directs attention to a business, commodity, service, entertainment or facility not located, conducted, sold or offered upon the premises where such sign is located. The term shall also include similar terms including, but not limited to, "off-premises sign" and "outdoor advertising displays."
(3) 
Conditions for construction.
(a) 
Billboards shall be permitted as conditional uses in the Business Development, Commercial, Industrial, Light Industrial and Marine Commercial Zones if the following conditions are met:
[1] 
Location. Billboards shall be located only in the following manner and places:
[a] 
Billboards shall be located only on properties abutting Route 73, Broad Street and Union Landing Road.
[b] 
No support post or sign face shall be closer that 10 feet from the right-of-way line of said roadways.
[c] 
All portions of the post and sign face of a billboard shall be set back from the property lines in all directions at least the same distance as the total height of the structure.
[d] 
Billboards shall be located only on properties that have a minimum of 200 feet of frontage along the permitted or allowable roadways noted herein.
[e] 
Billboards will not be allowed on properties that already have two uses.
[2] 
Buffer. Billboards shall meet the following buffer requirements:
[a] 
No portion of any billboard shall be located with 250 feet of:
[i] 
Any residential zone as identified on the Zone Map of Cinnaminson Township as last revised on February 8, 2002, and as may be amended from time to time; or
[ii] 
Any redevelopment zone as identified in the Cinnaminson Township Redevelopment Plan, dated June 2002, which was adopted through Township Ordinance 2002-16, and as subsequently amended.[2]
[2]
Editor's Note: See Ch. 411, Redevelopment.
[b] 
The distance from any billboard to any other billboard shall not be less than 750 feet, measured in all directions from any point on the billboard or pole.
[c] 
Where a property within 250 feet of an residential zone or redevelopment zone contains a mixed use which includes a residential use, the residential use may be ignored if the residential use is inconsequential.
[d] 
No billboard shall be erected within the clear sight triangles of any public street or road and shall not in any manner obstruct or impede traffic safety, including ingress and egress, not block the view from the road or street of any traffic sign, signal, device, directional sign or existing or proposed business sign, logo or sign.
[3] 
Height and size. Billboards shall meet the following height and size restrictions:
[a] 
The maximum size of each sign face of a billboard shall be 14 feet high and 48 feet wide.
[b] 
The total height shall be the same as allowed for other structures in the same zoning district as measured from the highest peak of the structure to the top of the roadway to which the billboard is oriented.
[4] 
Lighting and technical enhancements. Billboards shall meet the following lighting and technological restrictions:
[a] 
Any lighting shall be directed onto the advertising surface of the billboard.
[b] 
No lighting shall be erected as to cause reflection or interference with normal traffic flow.
[c] 
No lighting shall be include red, amber or green lighting so as to give the appearance of a traffic signal.[3]
[3]
Editor's Note: Former Subsection M(3)(a)[4][d], regarding variable displays, was repealed 11-15-2010 by Ord. No. 2010-7. See now Subsection O, Election billboards.
[5] 
Construction. Billboards shall meet the following construction requirements:
[a] 
No billboard shall be constructed on any other structure.
[b] 
Billboards shall be supported by a single pole affixed to or embedded into the ground.
[c] 
No billboards shall overhang any building structure.
[d] 
The billboard shall be oriented only in the direction of the permitted or allowed flow of traffic for the roadways mentioned above.
[e] 
Billboard shall be constructed to limit access to the billboard and platform by unauthorized persons.
[6] 
Landscaping. A billboard shall be landscaped to include:
[a] 
Evergreen species planted adjacent to the support at a planting height of at least 25% of the pole height and of a variety to grow to reach a maximum height of at least 50% of the pole height.
[b] 
Flowering materials such as annuals or perennials shall be used as bedding around the evergreens.
[c] 
All landscaping shall be maintained by the owner of the billboard.
[d] 
The area of landscaping shall not be less than 20 feet by 20 feet around the base of the pole.
[7] 
Requirement for sign permit. All billboards shall conform with all other state regulations and rules governing billboards, including the requirement of an off-site premises sign permit issued by the Township.
[8] 
Requirement of site plan review. All billboards shall be subject to site plan review according to the requirements of this chapter.
[Amended 3-1-2010 by Ord. No. 2010-4]
N. 
Banners, spinners, pennants or any moving objects used for advertising purposes are not permitted except in conformance with § 525-118. This provision does not apply to single flags or pennants attached to a permanent pole.
[Amended 9-17-2008 by Ord. No. 2008-13]
O. 
Electronic billboards.
[Added 11-15-2010 by Ord. No. 2010-7]
(1) 
Definitions. As used in this subsection, the following terms shall have the meanings indicated:
ELECTRONIC BILLBOARDS
Include the following technologies, as well as those not specifically identified herein, but which bear the same characteristics of these electronic billboards in terms of size, electronic nature of the sign/billboard, image generation, changeable nature of the message, etc. Electronic billboard technologies include the digital light-emitting diode (LED) billboards; commercial electronic variable message signs; digital billboards; electronic billboards; and such other signs that incorporate short sequences of words in which each letter is defined by a small number of matrix elements, such as a four-by-six matrix or a five-by-seven matrix, which involve typically light-emitting diode (LED) or incandescent materials presented generally against a dark background or such type of background as to make them more visible.
(2) 
Regulations.
(a) 
No electronic billboard shall be greater in dimension than the size of signs permitted for the particular district in which the sign/billboard is to be located. No such sign shall be permitted to vary its message in intervals of less than 15 seconds, and no more than four messages per one-minute interval shall be permitted.
(b) 
A digital sign must have installed an ambient light monitor, which shall continuously monitor and automatically adjust the brightness level of the display based on ambient light conditions consistent with the terms of this subsection.
(c) 
Except for time and temperature signs or electronic billboards as otherwise regulated herein, all billboards must be stationary and may not contain any visible moving parts or alternating or moving messages, or have the appearance of having moving parts or messages. Under no circumstances may any type of billboard contain a message or display that appears to flash, ungulate, pulse, move or portray explosions, fireworks, flashes of light or blinking lights or otherwise appear to move forward or away from the viewer, expand or contract, bounce, rotate, sign, twist or make other comparable movements.
A. 
The Zoning Officer shall only issue a zoning permit for the erection or construction of a sign which meets the requirements of this chapter.
B. 
After a zoning permit has been granted, the Construction Official shall only issue a building permit for the erection or construction of a sign which meets the requirements of the Uniform Construction Code[1]. Application for permits to erect, hang or place a sign shall be submitted on forms obtained from the Construction Official. Each application shall be accompanied by plans showing the area of the sign; the size and character; the method of illumination, if any; the exact location proposed for such sign and, in the case of a projecting sign, the proposed method of fastening such sign to the building structure; the vertical distance between such sign and the finished grade and the horizontal distances between such sign and the curb and also between such sign and the right-of-way line; and such other information as may be requested.
[1]
Editor's Note: See Ch. 220, Construction Codes, Uniform.
[Amended 9-17-2008 by Ord. No. 2008-13]
A. 
Purpose and findings. The Township finds that temporary signs provide an important medium through which individuals may convey a variety of noncommercial and commercial messages. However, left completely unregulated, temporary signs can become a threat to public safety as a traffic hazard and a detriment to property values and the Township's overall public welfare as an aesthetic nuisance. By enacting this section, the Township intends to:
(1) 
Balance the rights of individuals to convey their messages through temporary signs and the right of the public to be protected against the unrestricted proliferation of signs;
(2) 
Further the objectives of the Township's Master Plan;
(3) 
Protect the public health, safety, and welfare;
(4) 
Reduce traffic and pedestrian hazards;
(5) 
Protect property values by minimizing the possible adverse effects and visual blight caused by temporary signs;
(6) 
Promote economic development; and
(7) 
Ensure the fair and consistent enforcement of temporary sign regulations.
B. 
Definitions. For the purposes of § 525-118, the following words have the meanings respectively ascribed to them in this subsection, except where the context clearly indicates a different meaning:
BUILDING LOT
Any piece or parcel of land or a portion of a subdivision, the boundaries of which have been established by some legal instrument of record, that is recognized and intended as a unit for the purposes of transfer of ownership.
COMMERCIAL SIGN
A sign which identifies, advertises, or directs attention to a business, or is intended to induce the purchase of goods, property, or service, including, without limitation, any sign naming a brand of goods or service or directing a reader to another location for additional information by the inclusion of a phone number, email or website address, and real estate signs, as further defined below.
MOBILE SIGN
Any sign which is posted to a vehicle or trailer, is on wheels or another similar attachment such that the sign may be moved from place to place, either within the lot or to another location.
POST
To erect, attach, or affix in any manner, including by way of example and not by way of limitation, nailing, tacking, tying, gluing, pasting, painting, staking, marking, or writing.
PUBLIC RIGHT-OF-WAY
The entire area between property boundaries which is owned by or under the legal jurisdiction of a government entity, dedicated to public use, or impressed with an easement for public use; which is primarily used for pedestrian or vehicular travel; and which is publicly maintained, in whole or in part, for such use; and includes without limitation the street, gutter, curb, shoulder, sidewalk, sidewalk area, parking or parking strip, planting strip, and any public way, including any poles, light standards or other similar structures within said right-of-way.
REAL ESTATE SIGN
A sign indicating the availability for sale, rent, or lease of the specific lot, building, or portion of a building.
SIGN
Any writing, pictorial representation, illustration, decoration (including any material used to differentiate sign copy from its background), landscaping form, emblem, symbol, design, trademark, banner, flag, pennant, captive balloon, streamer, spinner, ribbon, sculpture, statute, or any other figure or character that:
(1) 
Is a structure or any part thereof (including the roof or wall of a building); or
(2) 
Is written, printed, projected, painted, constructed, or otherwise placed or displayed upon or designed into landscaping or a structure or a board, plate, canopy, awning, marquee, or vehicle, or upon any material object or device whatsoever; and
(3) 
By reason of its form, color, wording, symbol, design, illumination, or motion attracts or is designed to attract attention to the subject thereof or is used as a means of identification, advertisement, or announcement or political or artistic expression or decoration; but
(4) 
Landscaping constitutes a sign only to the extent that it is planted, trimmed, graded, arranged, or installed in such a manner as to convey an explicit commercial message.
TEMPORARY SIGN
A sign which is not permanently attached to a building or not placed in the ground in such a fashion as to be permanent in a manner conforming to the Uniform Construction Code; or
(1) 
Intended for a temporary period of posting on public or private property;
(2) 
Typically constructed from nondurable materials, including paper, cardboard, cloth, plastic, and/or wallboard;
(3) 
Does not constitute a structure subject to the Township's Building Code and Zoning Code provisions.
C. 
Temporary signs permitted in all zones subject to restrictions. Temporary signs may be posted on property in all zones of the Township, subject to the following requirements and those applicable provisions stated elsewhere in this chapter:
(1) 
The total square footage for temporary signs posted on a building lot in any residential zone, in the aggregate, shall not exceed 12 square feet, with no individual sign exceeding six square feet. The total square footage for temporary signs posted on a building lot in all other zones, in the aggregate, shall not exceed 12 square feet, with no individual sign exceeding six square feet. The total square footage of a sign is measured to include all of the visible display area on one side of the sign.
(2) 
No temporary sign shall obstruct or impair access to a public sidewalk, public or private street or driveway, traffic control sign, bus stop, fire hydrant, or any other type of street furniture, or otherwise create a hazard, including a tipping hazard.
(3) 
A temporary sign shall be designed to be stable under all weather conditions, including high winds.
(4) 
No temporary sign shall be illuminated or painted with light-reflecting paint.
(5) 
A temporary sign shall only be posted with the consent of the property owner or occupant.
(6) 
A temporary sign may be posted on private property for a period of up to 14 days, at which time the sign shall be removed or replaced.
(7) 
A temporary sign may be posted on public property or in the right-of-way for a period of up to 10 days, at which time the sign shall be removed or replaced.
(8) 
A temporary sign shall not advertise or promote any commercial enterprise or event not conducted on the same building lot.
(9) 
No commercial sign may be posted on public property or in the right-of-way.
(10) 
No temporary sign may be posted on trees, utility poles and other structures within the right-of-way.
(11) 
Temporary real estate signs shall not exceed six square feet and shall be permitted to remain until the property is sold and then removed within 14 days after the date of sale.
(12) 
Temporary construction site signs for single structures may be erected on the site during the period of construction to announce the name of the owner or developer, contractor, architect, landscape architect or engineer. Such signs shall not exceed 32 square feet and shall be removed prior to a certificate of occupancy being issued.
(13) 
Temporary signs of mechanics, painters and other artisans may be erected on the property where such work is being performed and shall not exceed 12 square feet. Such signs shall be removed within 14 days after the completion of the work. Lawn service, cleaning service and other like services are permitted one sign not to exceed six square feet which must be removed upon completion of the service visit to the property.
(14) 
Temporary signs of a public or semipublic nature shall not exceed 20 square feet in area. Not more than one such sign shall be placed on any building lot. Such signs shall only be used for the purpose of stating or calling attention to:
(a) 
The name or place of meeting of an official or civic body such as a Chamber of Commerce, board of trade or service club.
(b) 
An event of public interest such as public or general election; church or public meeting; local, county or state fair; volunteer fire department fair; and other similar community activities and campaigns. Such signs shall be removed within 14 days following the occurrence of the event related to the sign.
(15) 
Banners and pennants and not spinners or any moving objects used for advertising purposes may be placed on property owned or leased by businesses for advertising purposes, provided that a permit is obtained from the Zoning Officer and an application fee as set forth in Chapter 265, Fees, is filed. Said banners and pennants may be utilized and placed on the premises for no more than 11 days per permit, and no more than five permits per premises or business may be issued per annum. New businesses are permitted utilization and placement (one time only) for up to 30 days. The total square foot area of allowable banners and pennants is 100 square feet per premises or business, whichever applies.
(16) 
No temporary sign shall use a series of two or more signs or units placed in a line parallel to the highway or in a similar fashion, all carrying a single advertising message, part of which is contained on each sign.
(17) 
Mobile signs shall not be parked on public property or in the right-of-way.
(18) 
Mobile signs shall not be parked on the same building lot for more than 14 days unless the mobile sign is being stored in such a manner that shields the sign completely from public view.
(19) 
Customary warning and/or trespassing signs and signs indicating the private nature of a driveway or property are permitted, provided that the size of the sign does not exceed three square feet and provided that the sign is not illuminated and is maintained in a proper condition.
D. 
Removal requirements for temporary signs.
(1) 
In addition to the requirements stated above, any other temporary sign not specifically designated herein, including those announcing yard sales and special events to occur on one or more particular dates, shall be removed within one day of the conclusion of the event that the sign is promoting.
(2) 
The person who has posted or directed the posting of a temporary sign is responsible for the removal or replacement of that sign in accordance with this section.
(3) 
If that person does not remove or replace the temporary sign in accordance with this section, then the property owner or occupant of the building lot where the sign is posted is responsible for the sign's removal or replacement.
(4) 
The Township Administrator, or the Township Administrator's designee, is authorized to remove any temporary signs posted in violation of this section that are not removed or replaced in accordance with the provisions above. Temporary signs posted on private property in violation of this section shall be deemed a public nuisance, and the Township Administrator, or the Township Administrator's designee, may abate that nuisance in accordance with the nuisance abatement and abatement cost recovery procedures of Chapter 583 of this Code.
(5) 
The Township Administrator, or the Township Administrator's designee, may immediately remove temporary signs posted on public property or rights-of-way in violation of this section and file a civil complaint against the person who posted the sign to recover the cost of removing the sign.
E. 
Variances. Any person seeking adjustment(s) to the strict application of this section to the posting of a temporary sign shall file an application for a variance in accordance with the zoning procedures established within this chapter.
The following types of signs are permitted in residence districts:
A. 
Signs are permitted that advertise the sale or development of the property when erected in connection with the development of the property by a builder, developer, contractor or other person interested in such sale or development, provided that:
(1) 
The size of such sign is not in excess of 32 square feet for major subdivisions or 12 square feet for minor subdivisions or single dwellings.
(2) 
The sign shall be at least 15 feet from a public road.
(3) 
Each property shall have no more than one such sign on each street bordering the property.
(4) 
The sign shall be removed prior to issuance of the last certificate of occupancy for the subdivided properties.
B. 
Professional signs are permitted that identify the name of the person and his or her profession and specialty, as defined in this chapter, provided that:
(1) 
The size of such sign is not in excess of 1.5 square feet for a single-faced sign and three square feet for a double-faced sign.
(2) 
Not more than one such sign shall be placed on any property and may be freestanding or attached.
(3) 
The sign shall be at least five feet from the property lines.
C. 
Signs permitted in § 525-118.
[Added 8-8-1990 by Ord. No. 1990-22; amended 3-17-1993 by Ord. No. 1993-2]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
CANDIDATE
The person running for elective office.
CONTINUING POLITICAL COMMITTEE (PAC)
A political action committee formed by or on behalf of a political party, candidate or for a specific issue or referendum.
POLITICAL CAMPAIGN COMMITTEE
The political committee appointed by or representing the political party, candidate, specific issue or referendum as defined in New Jersey Election Laws, Title 19.
POLITICAL SIGN
A sign expressing support for or opposition to a candidate for political office or an issue specific to a current election or referendum, and shall include such political paraphernalia as posters, bumper stickers (when not affixed to a moving object), banners or the like.
B. 
General regulations. Political signs shall be subject to the following requirements:
(1) 
All such signs shall be specific to the referendum or election in question and shall not exceed 20 square feet in area.
(2) 
No such signs shall be affixed to a fire hydrant, telephone booth, utility pole or other public utility structure or posted, painted or otherwise affixed to trees, rocks or other natural features within a street right-of-way, or in any other manner be placed within any street right-of-way.
(3) 
No such signs shall be erected, posted or placed on private property without the express consent of the owner, who shall then be responsible for compliance with this chapter.
(4) 
Such signs shall not be erected more than 45 days prior to the election or referendum and shall be removed by the candidate, political committee, entity, organization, individual or PAC within 14 days after the election or referendum.
[Amended 9-17-2008 by Ord. No. 2008-13; 10-15-2008 by Ord. No. 2008-15]
C. 
Violations and penalties.
(1) 
The candidate, political committee or PAC shall be held responsible for any violation of these regulations.
(2) 
Any sign erected or maintained in conflict with the regulations of this chapter shall be removed or corrected within 24 hours of the receipt of written notice of violation from the Township Zoning Officer. If the signs are not so removed within the time specified herein, the representatives of the Township Public Works Department or Police Department shall remove the same without further notice.
(3) 
Any candidate, directly or indirectly, by his agent, representative, political committee or PAC, who permits a violation of this section for 24 hours after notification of the same to remove the sign shall be subject to a fine not exceeding $150. The erection, posting and placing of each individual political sign shall constitute a separate offense.
[Amended 8-19-1992 by Ord. No. 1992-14]
The following signs shall be permitted in nonresidential districts:
A. 
Signs permitted in § 525-118.
B. 
Signs advertising the sale or development of the premises when erected in connection with the development of the premises by a building developer, contractor or other person interested in such sale or development, provided that:
(1) 
The size is not in excess of 32 square feet.
(2) 
It shall be at least 25 feet from a street or property line.
(3) 
Not more than one such sign shall be placed on any property unless the property fronts on more than one street, in which event not more than one sign may be erected on each street frontage.
(4) 
The sign is removed prior to the issuance of the last certificate of occupancy.
C. 
Permanent freestanding signs, which shall be subject to the following regulations:
(1) 
Site plan review is required for all new or altered freestanding signs. The Planning Board shall evaluate the sign for appearances, aesthetics, orientation, area impact and obstruction of vision affecting safety.
(2) 
Supporting frames for all such signs shall be of permanent materials, such as steel, concrete or masonry.
(3) 
The maximum height and area of any freestanding sign shall not exceed the following for lots with linear front footage as listed:
Linear Front Footage
Sign Area
(square feet)
Maximum Height
(feet)
Up to 150
50
25
151 to 200
75
25
201 to 300
100
25
301 to 400
125
30
401 to 500
150
30
501 and over
200
35
(4) 
Not more than one freestanding sign per business premises shall be permitted on any one street frontage.
(5) 
Such sign may be interior-lighted with nonglaring lights or may be illuminated by shielded floodlights.
(6) 
Such sign shall be at least 15 feet from the property line.
D. 
Automobile and gasoline service stations may display the following signs which are deemed customary and necessary to their respective businesses:
(1) 
One freestanding sign advertising the name of the station or garage and the principal products sold on the premises, including any special company or brand name, insignia or emblem, provided that each such sign shall not exceed 40 square feet in area on a side and shall be no closer than 15 feet to the property line. The bottom of the sign shall not be less than 10 feet above the ground, and the top shall not exceed 25 feet.
(2) 
One temporary sign for special advertising located inside the property line along each street frontage, provided that said sign does not exceed nine square feet in area on one side and shall be placed no closer than 10 feet to the property line.
E. 
Each permitted use may have a sign located on or attached to the principal facade of said use.
(1) 
Said signs shall not exceed two square feet in area for each one foot of width of the principal building facade to which the sign must be attached, and in no case shall such sign exceed 200 square feet in area on one side.
(2) 
Such sign shall not project more than 12 inches from the building facade to which it is attached; provided, however, that where a sign extends more than three inches from the face of said wall, the bottom of said sign shall not be closer than 10 feet to the ground level.
(3) 
Such sign shall not have a vertical dimension in excess of five feet and shall project neither above the roof, cornice, parapet wall or roofline when there is no cornice or parapet wall nor beyond the ends of the building.
F. 
Window signs are permitted on the first floor of the building only. All window signs shall be attached to the inside of the store window and shall not have a total gross advertising area greater than 10% of the principal facade of the ground floor or 200 square feet, whichever is less.
All ordinances inconsistent with §§ 525-115 through 525-122 and its terms herein are hereby repealed. Sections 525-115 through 525-122 shall be the sole ordinance governing signs within the Township of Cinnaminson, except where these sections, by their terms, specify otherwise.
[1]
Editor's Note: Former § 525-123, Adult entertainment uses, § 525-124, Adult entertainment definitions, and § 525-125, Prohibition on adult entertainment uses, added 1-31-1983 by Ord. No. 1983-6, were removed from the Code. These sections were declared invalid and unconstitutional by the Superior Court of New Jersey, Law Division, Burlington County. Former §§ 525-126 through 525-134, regarding historic preservation, were repealed 9-17-2012 by Ord. No. 2012-19. See now Ch. 330, Land Use Procedures. Former § 525-135, Appointment, term of office and compensation of Zoning Officer, was repealed 6-1-2015 by Ord. No. 2015-4. Former § 525-136, Duties of Zoning Officer, was repealed 2-25-2013 by Ord. No. 2013-3.
[Amended 3-21-2001 by Ord. No. 2001-5]
A. 
No person hereafter shall erect, locate or alter any building or portion thereof, or begin or change the use of any land, without first obtaining a zoning permit therefor. All applications for zoning permits shall be in writing; shall be addressed to the Zoning Officer, except as otherwise provided for in this chapter; shall be signed by the owner of record of the land or by the holder of a bona fide contract for the purchase thereof; shall be made on such forms as may be prescribed and furnished by the Township; shall contain all information called for by such forms; and shall be accompanied by such plans as may be required, together with any additional information that may be requested by the Zoning Officer in order that it may be determined whether the proposed erection, location or alteration of a building or the proposed use or change of use of land will comply with the terms and provisions of this chapter, statute or order of the Board of Adjustment. Upon receipt of a zoning permit application, the Zoning Officer shall distribute same to the following members of the administration: the Township Administrator, the Township Director of Community and Economic Development, the Municipal Clerk, Tax Assessor, Tax Collector, and Secretary to the Planning and Zoning Board.
[Amended 2-13-2012 by Ord. No. 2012-2; 2-25-2012 by Ord. No. 2013-3]
(1) 
A zoning permit shall be granted or denied by the Zoning Officer within 10 business days of the receipt of a proper application as required by N.J.S.A. 40:55D-18. Applications referred to the Site Plan Review Advisory Committee pursuant to § 330-100 shall be denied without prejudice subject to the referral. The term "proper application" shall mean an application that provides all of the information required by the Zoning Officer required to make a determination to issue a permit or refer to the Site Plan Review Advisory Committee, together with payment of the necessary fee. Incomplete applications shall be denied without prejudice to their resubmission with proper information and fees. In the event that other municipal officials wish to have input into the permit process, they shall advise the Zoning Officer of their concerns or comments within five business days of the submission of a proper application. The Zoning Officer shall consider such concerns or comments in reaching his or her decision.
[Amended 6-1-2015 by Ord. No. 2015-4]
(2) 
All applications filed, together with the accompanying plans and documents, shall be public records.
B. 
If, within six months after the granting of a zoning permit for use of lands in an EX IND Exclusively Industrial District in the manner and for any purpose permitted in such district by this chapter, work incident to application of any part of such lands to such use is commenced, such zoning permit shall continue in force and effect as to all of such lands so long as such work continues or any part of such lands is devoted to such use.
[Amended 6-1-2015 by Ord. No. 2015-4]
A. 
Upon completion of the erection, location or alteration of any building or portion thereof for which a zoning permit shall have been issued by the Zoning Officer, but prior to the use or occupancy of such building or alteration, the holder of the permit shall notify the Zoning Officer of such completion, whereupon the Zoning Officer shall inspect the premises and, upon ascertain that the erection, location or alteration referred to in the zoning permit has been done in conformity with said permit or order of the Board of Adjustment, shall issue a certificate in writing, to be designated "certificate of conformity," that said work has been inspected by him and approved as being in conformity with all zoning requirements of the Township. Such certificate of conformity may be endorsed by the Zoning Officer upon the original zoning permit. No person shall use or occupy any building hereafter erected or located on any lot, or use or occupy any alteration of any building hereafter made, unless and until a certificate of conformity shall have been duly issued as required by this chapter.
The zoning permit and certificate of conformity required by this chapter are in addition to and not in lieu of any and all other permits and certificates that are or may be required by law or by any governmental agency or by virtue of any other ordinance or ordinances of the Township of Cinnaminson or otherwise.
Notwithstanding the fact that the Zoning Officer is charged with the duty of enforcing the provisions of this chapter, it shall be competent and proper for any person or persons having knowledge of the violation of this chapter to initiate proceedings for the prosecution of the person or persons believed to have committed such violation.
[Amended 3-21-2001 by Ord. No. 2001-5]
A. 
Fees in such amounts as may hereafter be fixed by the Township Committee shall be payable to the Zoning Officer, for the account of the Township, upon the issue of zoning permits and certificates of conformity.
B. 
The Township Committee hereby fixes the sum as set forth in Chapter 265, Fees, as the fee to be charged for consideration of an application for a zoning permit, which fee shall be paid to the Zoning Officer by the applicant at the time the application is made for the zoning permit, and shall be in addition to any other fees required under Township ordinances. All such fees shall be remitted promptly to the Township Treasurer.
[Added 3-21-2001 by Ord. No. 2001-5]
Work described in the zoning permit and for which approval is sought shall be commenced within 90 days after the issuance of the permit; otherwise, the permit shall be void, and the applicant shall have no rights under same.
[Added 3-21-2001 by Ord. No. 2001-5]
No zoning permit shall be issued, nor shall approval be granted by the Zoning Officer, if taxes or assessments for local improvements are due or delinquent on the property for which application is made.
[Added 6-1-2015 by Ord. No. 2015-4]
A. 
Definitions.
(1) 
"Microbrewery" means a facility meeting the standards of and holding a limited brewery license pursuant to N.J.S.A. 33:1-10. In accordance with the aforementioned statute, the holder of such a license may sell and distribute its product to wholesalers, retailers and persons for off-premises consumption, provided same is consistent with the regulations of the Division of Alcoholic Beverage Control. The holder of such license may also sell its product for on-premises consumption in connection with a brewery tour.
(2) 
"Brew pub" means a facility meeting the standards of and holding a restricted brewery license pursuant to N.J.S.A. 33:1-10. A holder of such license must also hold a plenary retail consumption license pursuant to N.J.S.A. 33:1-12 and operate a restaurant in conjunction with and immediately adjoining the premises holding the restricted brewery license.
B. 
Microbreweries shall be a permitted use in the LTIND, IND and HC Zones.
C. 
Brew pubs shall be a permitted use in the LTIND, IND, HC, C, and MC Zones.
[Amended 6-20-2007 by Ord. No. 2007-15]
A. 
Unless otherwise determined within this chapter, any person that shall violate this chapter or do any act or thing therein prohibited, or refuse or fail to do any act or thing therein required to be done, or refuse or fail to comply with an order of the Zoning Officer or an order of the Zoning Board of Adjustment, shall, upon conviction thereof before a court of competent jurisdiction, forfeit and pay such fine not exceeding the sum of $1,250. The violator shall be provided a thirty-day period to cure or abate the violation. The court in its initial ruling or upon failure by the violator to cure or abate the violation within the thirty-day period may increase the penalty to the maximum of $2,000.
B. 
Any person who is convicted of violating an ordinance within one year of the date of a previous violation of the same ordinance and who was fined for the previous violation shall be sentenced by a court to an additional fine as a repeat offender. The additional fine imposed by the court upon a person for a repeated offense shall not be less than the minimum or exceed the maximum fine fixed for a violation of the ordinance, but shall be calculated separately from the fine imposed for the violation of the ordinance.
C. 
Any natural person convicted of the violation of this chapter may, in the discretion of the court by which he was convicted, and in default of payment of any fine imposed therefor, be imprisoned in the county jail for any term not exceeding 90 days, or be required to perform community service for a period not exceeding 90 days.
In addition to the right, as hereinbefore authorized, of any person having knowledge of the violation of this chapter to initiate the prosecution of the person or persons believed to have committed such violation, the Zoning Officer of the Township and any and all other interested persons shall have the right to have recourse to any and all other remedies, whether by injunction, restraining order, mandamus or otherwise, which are or may hereafter be available by law.[1]
[1]
Editor’s Note: Former §§ 525-164 through 525-172 and §§ 525-174 through 525-188, regarding the Planning Board, Citizens Advisory Committee, and application procedures for the Planning Board and Board of Adjustment, were repealed 9-17-2012 by Ord. No. 2012-19. See now Ch. 330, Land Use Procedures. Former § 525-173, Environmental Commission, as amended, was repealed 2-13-2012 by Ord. No. 2012-2.